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Case-law
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December 2011
Case T-562/10. HTTS v Council
Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state the reasons on which the decision is based - Procedure by default - Application to intervene - No need to adjudicate.
Language of the case: German
Case T-421/07. Deutsche Post v Commission
State aid - Measures taken by the German authorities in favour of Deutsche Post AG - Decision to initiate the procedure laid down in Article 88(2) EC - No prior definitive decision - Inadmissibility.
Language of the case: German
Case T-52/09. Nycomed Danmark v EMA
Medicinal products for human use - Authorisation to place a medicinal product on the market - Regulation (EC) No 1901/2006 - Application for a waiver from the obligation to submit a paediatric investigation plan - Rejection by the EMA - Misuse of powers.
Language of the case: English
Case T-504/09. Völkl v EUIPO – Marker Völkl (VÖLKL)
Community trade mark - Opposition proceedings - Application for Community word mark VÖLKL - Earlier international word mark VÖLKL - Relative ground for refusal - Likelihood of confusion - Refusal in part of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 - Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration - Article 64(1) of Regulation No 207/2009 - Application for variation of the decision of the Board of Appeal - Article 65(3) of Regulation No 207/2009.
Language of the case: German
Case T‑361/10 P Commission v Pachtitis
Appeal — Civil service — Officials — Recruitment — Notice of competition — Open competition — Non-admission to participation in the written test following the result obtained in the admission tests — Division of powers between EPSO and the competition selection board
Language of the case: Greek
Case T-437/08. CDC Hydrogene Peroxide v Commission
Access to documents - Regulation (EC) No 1049/2001 - Statement of contents of the administrative file relating to a cartel proceeding - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Exception relating to protection of the purpose of inspections, investigations and audits.
Language of the case: German
Case T-291/04. Enviro Tech Europe and Enviro Tech International v Commission
Environment and consumer protection - Classification, packaging and labelling of n-propyl bromide as a dangerous substance - Directive 2004/73/EC - Directive 67/548/EEC - Regulation (EC) No 1272/2008 - Action for annulment - Late request to adapt claims - Legal interest in bringing proceedings - Lack of individual concern - Inadmissibility - Non-contractual liability - Judgment of the Court of Justice concerning the validity of Directive 2004/73 - Same subject-matter.
Language of the case: English
Case T-423/09. Dashiqiao Sanqiang Refractory Materials v Council
Dumping - Imports of certain magnesia bricks originating in the People's Republic of China - Regulation terminating an interim review - Comparison between the normal value and the export price - Taking into account the value added tax of the country of origin - Application of a different methodology to that used in the initial investigation - Change in circumstances - Articles 2(10)(b) and 11(9) of Regulation (EC) No 384/96 (now Articles 2(10)(b) and 11(9) of Regulation (EC) No 1225/2009 .
Language of the case: French
Information (on unpublished decisions)
Case T-176/11 R. Carbunión v Council
Application for interim measures - State aid - Decision on aid intended to facilitate the closure of uncompetitive coal mines - Application for suspension of operation of a measure - Lack of standing to bring proceedings - Lack of concordance with the main action - Non-severability - Inadmissibility - Balance of interests.
Case T-152/10. El Corte Inglés v EUIPO – Azzedine Alaïa (ALIA)
Community trade mark - Opposition proceedings - Application for the Community word mark ALIA - Earlier Community figurative mark ALAÏA PARIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-39/08. Evropaïki Dynamiki v Commission
Public service contracts - Tendering procedure - Provision of information technology services relating to the hosting, management, enhancement, promotion and maintenance of an internet portal - Rejection of a tender and award of the contract to another tenderer - Selection criteria - Award criteria - Non-contractual liability.
Case T-586/10. Aktieselskabet af 21. november 2001 v EUIPO – Parfums Givenchy (only givenchy)
Community trade mark - Opposition proceedings - Application for Community figurative mark ‘only givenchy’ - Earlier Community and national word marks ONLY - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Reputation - Article 8(5) of Regulation No 207/2009.
Case T-402/11 R. Preparados Alimenticios del Sur v Commission
Application for interim measures - Claim for remission of import duties of some food products - Decision to refer the documents in the case to the national authorities - Applications for interim measures - Inadmissibility - No urgency.
Case T-579/11 R. Akhras v Council
Interim relief - Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Application for suspension of operation of measures and for interim measures - No urgency - No serious and irreparable damage.
Case T-377/07 Evropaïki Dynamiki v Commission
Public service contracts – Tendering procedure – Supply of IT services relating to content interoperability technologies for European eGovernment services – Rejection of a tender – Manifest error of assessment – Duty to state reasons – Misuse of powers – Non-contractual liability
Case T-244/08. Konsum Nord v Commission
State aid - Land sale price - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Determination of market price.
Case T-61/09. Meica v EUIPO – Bösinger Fleischwaren (Schinken King)
Community trade mark - Opposition proceedings - Application for Community word mark Schinken King - Earlier national word mark King - Earlier national and Community word marks Curry King - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).
Case T-424/09. Goodyear Dunlop Tyres UK v EUIPO – Sportfive (QUALIFIER)
Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-106/10. Spain v Commission
EAGGF - Guidance Section - Reduction of financial aid - Community initiative programme Leader+ - Article 4 of Regulation (EC) No 438/2001 - Proportionality.
Case T-237/10. Louis Vuitton Malletier v EUIPO – Friis Group International (Représentation d’un dispositif de verrouillage)
Community trade mark - Invalidity proceedings - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009.
Case T-425/10. Häfele v EUIPO (Mixfront)
Community trade mark - Application for Community word mark Mixfront - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-166/11. Häfele v EUIPO (Infront)
Community trade mark - Application for Community word mark Infront - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-552/11 R. Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Action for annulment - Contract concerning financial assistance of the European Union for a project in the field of medical collaboration - Debit note - Contractual nature of the dispute - Measure not reviewable - Inadmissibility - Counterclaim for payment.
Case T-232/08. Luxembourg v Commission
EAGGF - Guarantee Section - Expenses excluded from Community financing - Rural development measures - 'Less favoured areas' and 'agroenvironment' - National systems for management, monitoring and sanctions - Flat-rate financial correction.
Case T-377/09. Mövenpick v EUIPO (PASSIONATELY SWISS)
Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character.
Case T-513/11 R. Consortium v Commission
Application for interim measures - Main action clearly inadmissible - No need to adjudicate.
Case T-62/09. Rintisch v EUIPO – Bariatrix Europe (PROTI SNACK)
Community trade mark - Opposition proceedings - Application for Community word mark PROTI SNACK - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
Case T-109/09. Rintisch v EUIPO – Valfleuri Pâtes alimentaires (PROTIVITAL)
Community trade mark - Opposition proceedings - Application for Community word mark PROTIVITAL - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
Case T-152/09. Rintisch v EUIPO – Valfleuri Pâtes alimentaires (PROTIACTIVE)
Community trade mark - Opposition proceedings - Application for Community word mark PROTIACTIVE - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
Case T-202/10. Stichting Woonlinie and Others v Commission
State aid - Scheme of aid granted by the Netherlands to housing corporations - Existing aid - Decision accepting Member State’s commitments - Action for annulment - Not individually concerned - Inadmissibility
Case T-203/10 Stichting Woonpunt and Others v Commission
State aid – Scheme of aid granted by the Netherlands to housing corporations – Existing aid – Decision accepting Member State’s commitments – Decision declaring new aid compatible – Action for annulment – Not individually concerned – No interest in bringing proceedings – Inadmissibility
Case T-488/10. France v Commission
ERDF - Reduction of financial contribution - Community structural assistance in Martinique - Action for annulment - Public contracts - Directive 93/37/EEC - Concept of ‘direct subsidy’ - Concept of sports, recreation and leisure facilities - Duty to state reasons - Principle of proportionality.
Case T-593/11 R Al-Chihabi v Council
Interim relief – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Application for interim measures – No urgency – No serious and irreparable damage
January 2012
Case T-304/09 Tilda Riceland Private v OHIM – Siam Grains (BASmALI)
Community trade mark – Opposition proceedings – Application for Community figurative mark BASmALI – Earlier non-registered trade mark and earlier sign BASMATI – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Language of the case: English
Case T-103/11 Shang v OHIM (justing)
Community trade mark – Application for the Community figurative mark ‘justing’ – Earlier national figurative mark JUSTING – Seniority of the earlier national mark claimed – Signs not identical – Article 34 of Regulation (EC) No 207/2009
Language of the case: Italian
Case T-289/11 Deutsche Bahn and Others v Commission
Language of the case : German
Information (on unpublished decisions)
Case T-407/09 Neubrandenburger Wohnungsgesellschaft v Commission
Action for annulment – State aid – Contracts for the sale of apartments as part of the privatisation of publicly-owned apartments in Neubrandenburg – Complaint – Act not subject to review – Inadmissibility – Action for failure to act
Case T-58/10 Phoenix-Reisen and DRV v Commission
Action for annulment – State aid – German system of allowances paid to employees of insolvent undertakings and the financing thereof – Decision finding no State aid – Inadmissibility
Case T-301/11 Ben Ali v Council
Common foreign and security policy – Restrictive measures taken in the light of the situation in Tunisia – Action for annulment – Time-limit for bringing proceedings – Out of time – No force majeure – No excusable error – Application for alteration of the contested measure – Claim for compensation – Manifest inadmissibility
Case T-462/09 Storck v OHIM – RAI (Ragolizia)
Community trade mark – Opposition proceedings – Application for Community word mark Ragolizia – Earlier Community word mark FAVOLIZIA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-135/07 Italy v Commission
Health policy – Avian influenza – Italian market in poultrymeat – Request of the Italian authorities to adopt exceptional measures to support the market – Commission decision rejecting that request
Case T-249/10 Kitzinger v OHIM – MDR and ZDF (KICO)
Community trade mark – Opposition proceedings – Application for the Community figurative mark KICO – Earlier national figurative mark and Community word mark KIKA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-513/10 Hamberger Industriewerke v OHIM (Atrium)
Community trade mark – Application for the Community word mark Atrium – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-522/10 Hell Energy Magyarország v OHIM – Hansa Mineralbrunnen (HELL)
Community trade mark – Opposition proceedings – Application for the Community figurative mark HELL – Earlier Community word mark HELLA – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-422/07 Djebel - SGPS v Commission
State aid – Aid scheme designed to promote modern and competitive entrepreneurial strategies – Planned aid for a commercial company in the form of a soft loan in order to help finance an investment by that company in Brazil – Decision declaring aid to be incompatible with the common market – Duty to state reasons – Impairment of competition – Effect on trade between Member States – Equal treatment
Case T-71/10 Xeda International and Pace International v Commission
Plant protection products – Active substance diphenylamine – Non-inclusion in Annex I to Directive 91/414/EEC – Withdrawal of authorisations of plant protection products containing that substance – Action for annulment – Locus standi – Admissibility – Proportionality – Article 6(1) of Directive 91/414 – Rights of the defence – Article 3(2) of Regulation (EC) No 1095/2007
Case T-315/10 Groupe Partouche v Commission
Action for annulment – Concentrations – Decision declaring the concentration compatible with the common market – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility
Case T-607/11 R Henkel and Henkel France v Commission
Application for interim measures – Competition – Commission decision refusing to transmit documents to a national competition authority – Application for interim measures – No interest in bringing proceedings – Disregard of formal requirements – Measures requested not provisional in character – Inadmissibility
Case T-260/08 Indo Internacional v OHIM – Visual (VISUAL MAP)
Community trade mark – Opposition proceedings – Application for Community word mark VISUAL MAP – Earlier national word mark VISUAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-593/10 El Corte Inglés v OHIM – Ruan (B)
Community trade mark – Opposition proceedings – Application for Community figurative mark containing the letter ‘B’ – Earlier Community figurative mark containing the letter ‘B’ – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-332/10 Viaguara v OHIM – Pfizer (VIAGUARA)
Community trade mark – Opposition proceedings – Application for Community word mark ‘VIAGUARA’ – Earlier Community word mark VIAGRA – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation (EC) No 207/2009
Case T-637/11 R Euris Consult v Parliament
Application for interim measures – Public services contract – Tendering procedure – Services of translation into Maltese – Rejection of a tender – Arrangements for communication – Application for suspension of operation of a measure – Loss of opportunity – No serious and irreparable damage – No urgency
Case T-90/09 Mojo Concerts and Amsterdam Music Dome Exploitatie v Commission
State aid – Action for annulment – Investment of the Gemeente Rotterdam in the Ahoy’ complex – Decision finding that there was no State aid – Applicants not individually concerned – Inadmissibility
Case T-206/08 Spain v Commission
EAGGF – ‘Guarantee’ section – Expenditure excluded from Community financing – Wine sector – Prohibition on new vine plantations – National monitoring systems – Lump-sum financial correction – Procedural guarantees – Error of assessment – Proportionality
Case T-378/09 Spar v OHIM – Spa Group Europe (SPA GROUP)
Community trade mark – Opposition procedure – Application for Community word mark SPA GROUP – Earlier national figurative marks SPAR – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation No 207/2009
Case T-205/10 Cervecería Modelo v OHIM – Plataforma Continental (LA VICTORIA DE MEXICO)
Community trade mark – Opposition procedure – Application for Community word mark LA VICTORIA DE MEXICO – Earlier Community figurative mark containing the word element ‘victoria’ and earlier national word mark VICTORIA – Registration refused in part – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
February 2012
Case T-237/09 Région wallonne v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — National emission allowance allocation plan for Belgium in respect of the period from 2008 to 2012 — Article 44 of Regulation (EC) No 2216/2004 — Subsequent correction — New entrant — Decision instructing the Central Administrator of the Community independent transaction log to enter a correction into the national allocation plan table
Language of the case: French
Case T-291/09 Carrols v OHIM – Gambettola (Pollo Tropical CHICKEN ON THE GRILL)
Community trade mark — Invalidity proceedings — Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL — Absolute grounds for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
Case T‑424/10 Dosenbach-Ochsner v OHIM – Sisma (Représentation d'éléphants dans un rectangle)
Community trade mark — Invalidity proceedings — Community figurative mark representing elephants in a rectangle — Earlier international and national figurative marks representing an elephant and earlier national word mark elefanten — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character of the earlier marks
Language of the case: Italian
Case T‑59/09 Germany v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure which has been closed — Documents originating from a Member State — Grant of access — Prior agreement of the Member State
Language of the case: German
Joined Cases T‑115/09 and T‑116/09 Electrolux and Whirlpool Europe v Commission
State aid – Restructuring aid for a manufacturer of large home appliances notified by the French Republic — Decision declaring the aid compatible with the common market subject to conditions — Manifest errors of assessment — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: English
Case T—33/11 Peeters Landbouwmachines v OHIM – Fors MW (BIGAB)
Community trade mark — Invalidity proceedings — Community word mark BIGAB — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Joined Cases T‑268/08 and T‑281/08 Land Burgenland and Austria v Commission
State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price
Language of the case: German
Case T-153/10 Schneider España de Informática v Commission
Customs union — Importation of colour television sets assembled in Turkey — Post-clearance recovery of import duties — Application for waiver of post‑clearance entry in the accounts of import duties and for remission of those duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Commission decision rejecting that application — Annulment by the national court of decisions taken by national authorities ordering post-clearance entry of import duties in the accounts — No need to adjudicate
Language of the case: English
Information (on unpublished decisions)
Case T‑353/09 mtronix v OHIM – Growth Finance (mtronix)
Community trade mark — Opposition proceedings — Application for Community word mark mtronix — Earlier Community word mark Montronix — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑76/08 EI du Pont de Nemours and Others v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market‑sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation
Case T‑77/08 Dow Chemical v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation
Case T‑83/08 Denki Kagaku Kogyo and Denka Chemicals v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Proof of participation in the cartel − Proof of distancing from the cartel − Duration of the infringement — Rights of the defence — Access to the file − Guidelines on the method of setting fines − Non-retroactivity — Legitimate expectations — Principle of proportionality — Mitigating circumstances
Case T‑321/09 skytron energy v OHIM (arraybox)
Community trade mark — Application for Community word mark arraybox — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑469/09 Greece v Commission
EAGGF — Guarantee Section — Expenses excluded from Community financing — Tomato processing and rice storage sectors — Integrated administration and control system for certain Community aid schemes — Principle of proportionality
Case T‑387/10 Goutier v OHIM – Euro Data (ARANTAX)
Community trade mark — Opposition proceedings — Application for Community word mark ARANTAX — Earlier national word mark ANTAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T‑596/10 Almunia Textil v OHIM – FIBA-Europe (EuroBasket)
Community trade mark — Opposition proceedings — Application for Community word mark EuroBasket — Earlier Community figurative mark Basket — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑359/10 Ecologistas en Acción v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the development plan for the Cabanyal quarter in Valencia (Spain) — Documents originating from a Member State — Refusal of access — Exception relating to protection of the purpose of inspections, investigations and audits — Exception relating to the protection of court proceedings and legal advice — Environmental information — Regulation (EC) No 1367/2006 — Action clearly without legal foundation
Case T‑305/10 Hartmann-Lamboy v OHIM – Diptyque (DYNIQUE)
Community trade mark — Opposition proceedings — Application for Community word mark DYNIQUE — Earlier Community word mark DIPTYQUE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑64/11 Run2Day Franchise v OHIM – Runners Point (Run²)
Community trade mark — Opposition proceedings — Application for Community figurative mark Run2 — Earlier Community word and figurative marks RUN2DAY — Earlier Benelux figurative mark RUN2DATE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-32/11 Verenigde Douaneagenten v Commission
Customs union — Imports of raw cane sugar from the Netherlands Antilles — Post‑clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Infringement of essential procedural requirements
Joined Cases T‑80/06 and T‑182/09 Budapesti Erőmű v Commission
State aid — Wholesale electricity market — Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements — Decision to initiate the procedure laid down in Article 88(2) EC — Decision declaring the aid incompatible with the common market and ordering its recovery — New aid — Private investor test
Case T‑601/11 R Dansk Automat Brancheforening v Commission
Interim measures — State aid — Danish law instituting lower duties for providers of online gaming — Decision declaring the aid compatible with the internal market — Application for suspension of operation — Lack of urgency — Weighing up of interests
Case T‑267/06 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from Community financing — Financial corrections — Fruit and vegetables — Public storage of beef and veal
Case T‑319/08 Grasso v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑329/08 AJD Tuna v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑330/08 Ligny Pesca di Guaiana Francesco and Others v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑366/08 Federcoopesca and Others v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑656/11 R Morison Menon Chartered Accountants and Others v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds and economic resources — Application for suspension of operation — No urgency
Case T‑572/11 R Hassan v Council
Interim measures — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up of interests
Case T-‑218/11 R Dagher v Council
Interim measures — Common foreign and security policy — Restrictive measures adopted having regard to the situation in Côte d’Ivoire — Withdrawal from the list of persons concerned — Application for interim measures — No need to adjudicate
Case T‑282/08 Grazer Wechselseitige Versicherung v Commission
State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price
Joined Cases T‑77/10 and T‑78/10 Certmedica International v OHIM – Lehning entreprise (L112) and Lehning entreprise v OHIM – Certmedica International (L112)
Community trade mark — Invalidity proceedings — Community word mark L112 — Earlier French word mark L.114 — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009 — Declaration of partial invalidity
Case T‑525/10 Azienda Agricola Colsaliz di Faganello Antonio v OHIM – Weinkellerei Lenz Moser (SERVO SUO)
Community trade mark — Opposition proceedings — Application for Community word mark SERVO SUO — Earlier Community word mark SERVUS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
March 2012
Cases T-29/10 and T-33/10 Netherlands and ING Groep v Commission
State aid — Financial sector — Aid designed to remedy a serious disturbance in the economy of a Member State — Capital injection with repayment or share conversion options conferred on the aid recipient — Amendment to the repayment terms during the administrative procedure — Decision declaring the aid compatible with the common market — Concept of State aid — Advantage — Private investor test — Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid
Languages of the case: Dutch and English
Case T‑230/10 Spain v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruit and vegetables — Obligation to justify expenditure — Conditions for recognition of producer organisations
Language of the case: Spanish
Case T-210/02 RENV British Aggregates v Commission
State aid — Environmental tax on aggregates in the United Kingdom — Commission decision not to raise objections — Advantage — Selective nature
Language of the case: English
Case T‑221/10 Iberdrola v Commission
Action for annulment — State aid — Aid scheme allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility
Language of the case: Spanish
Case T‑32/10 Ella Valley Vineyards v OHIM – HFP (ELLA VALLEY VINEYARDS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ELLA VALLEY VINEYARDS — Earlier national and Community trade marks ELLE — Relative ground for refusal — Likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: French
Case T-273/09 Associazione "Giùlemanidallajuve" v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Rejection of a complaint — Legitimate interest — Community interest — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: French
Joined Cases T-50/06 RENV, T-56/06 RENV, T-60/06 RENV, T‑62/06 RENV and T-69/06 RENV Ireland and Others v Commission
State aid — Directive 92/81/EEC — Excise duty on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Whether the exemption complies with a Council decision of authorisation under Article 8(4) of Directive 92/81 — Presumption of legality attaching to European Union measures — Legal certainty — Sound administration
Languages of the case: English, French and Italian
Case T-227/09 Feng Shen Technology v OHIM – Majtczak (FS)
Community trade mark — Invalidity proceedings — Community figurative mark FS — Applicant acting in bad faith — Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Joined Cases T‑439/10 and T‑440/10 Fulmen and Mahmoudian v Council
Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Burden and standard of proof
Language of the case: French
Case T-174/11 Modelo Continente Hipermercados v Commission
Action for annulment — State aid — Aid scheme permitting the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering recovery of the aid — Absence of individual concern — Inadmissibility
Language of the case: Spanish
Joined Cases T‑458/09 and T‑171/10 Slovak Telekom v Commission
Competition — Administrative procedure — Decision requesting information — Necessity for the information sought — Principle of sound administration — Duty to state reasons — Proportionality
Language of the case: English
Case T-214/08 Rehbein v OHIM – Dias Martinho and Dias Martinho (OUTBURST)
Community trade mark — Opposition proceedings — Application for registration of the Community figurative mark OUTBURST — Earlier national word mark OUTBURST — Genuine use of the earlier trade mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Production of evidence for the first time before the Board of Appeal — Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) — Rule 22(2) of Regulation (EC) No 2868/95
Language of the case: English
Case T-123/09 Ryanair v Commission
State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons
Language of the case: English
Case T‑262/07 Lithuania v Commission
Agriculture — Common organisation of the markets — Measures to be adopted as a result of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Language of the case: Lithuanian
Case T-336/07 Telefónica and Telefónica de España v Commission
Competition — Abuse of dominant position — Spanish markets for broadband internet access — Decision finding an infringement of Article 82 EC — Price fixing — Margin squeeze — Market definition — Dominant position — Abuse — Calculation of margin squeeze — Effects of the abuse — Competence of the Commission — Rights of the defence — Subsidiarity — Proportionality — Legal certainty — Sincere cooperation — Principle of sound administration — Fines
Language of the case: Spanish
Case T-398/07 Spain v Commission
Competition — Abuse of dominant position — Spanish broadband internet access markets — Decision finding an infringement of Article 82 EC — Price-fixing — Margin squeeze — Sincere cooperation — Ultra vires application of Article 82 EC — Legal certainty — Protection of legitimate expectations
Language of the case: Spanish
Case T-236/10 Asociación Española de Banca v Commission
Actions for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Association — Lack of individual concern — Inadmissibility
Language of the case: Spanish
Information (on unpublished decisions)
Case T-53/06 UPM-Kymmene v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Single and continuous infringement — Fines — Gravity of the infringement — Mitigating circumstances — Undertaking playing a passive role — Proportionality
Case T-64/06 FLS Plast v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principle of ne bis in idem
Case T-65/06 FLSmidth v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability
Case T‑453/10 Northern Ireland Department of Agriculture and Rural Development v Commission
Action for annulment — EAGGF, EAGF and EAFRD — Expenditure incurred by the United Kingdom of Great Britain and Northern Ireland — Expenditure excluded from European Union financing — Devolved administration — No direct concern — Inadmissibility
Case T‑565/10 ThyssenKrupp Steel Europe v OHIM (Highprotect)
Community trade mark — Application for Community word mark Highprotect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑298/10 Arrieta D. Gross v OHIM – Toro Araneda and Others (BIODANZA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BIODANZA — Earlier national word mark BIODANZA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Death of the trade mark applicant before adoption of the decision of the Board of Appeal — Admissibility of the response — No genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Proceedings before the Board of Appeal — Rights of defence — Article 75 of Regulation No 207/2009
Case T‑573/10 Octapharma Pharmazeutika v EMA
Medicinal products for human use — Changes to a plasma master file (PMF) — Fees payable to the EMA — Act with adverse effects — Measure merely confirmatory — Manifest inadmissibility
Case T‑192/07 Comité de défense de la viticulture charentaise v Commission
Competition — Decision rejecting a complaint — No Community interest — Scope of the complaint — Competence of the author of the act — Duty to state reasons
Case T-450/08 Coverpla v OHIM – Heinz-Glas (Phial)
Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002
Case T-172/10 Colas v OHIM – García-Teresa Gárate and Bouffard Vicente (BASE-SEAL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-417/10 Cortés del Valle López v OHIM (¡Que buenu ye! HIJOPUTA)
Community trade mark — Application for Community figurative mark ¡Que buenu ye! HIJOPUTA — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T-207/11 EyeSense v OHIM – Osypka Medical (ISENSE)
Community trade mark — Opposition proceedings — Application for Community word mark ISENSE — Earlier national word mark EyeSense — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑42/11 Universal v Commission
Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Request that the parent company pay the fine — Bank guarantee lodged in the name of the subsidiary — Date on which the fine becomes due for payment — Action for annulment — Measure not open to challenge — Inadmissibility
Case T-288/08 Cadila Healthcare v OHIM – Novartis (ZYDUS)
Community trade mark — Opposition proceedings — Application for the Community word mark ZYDUS — Earlier Community word mark ZIMBUS — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑379/08 Mustang v OHIM – Decathlon (Wavy line)
Community trade mark — Opposition proceedings — Application for a figurative Community mark representing a wavy line — Earlier national and international figurative trade marks representing a white wavy line on a black background — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑391/08 Ellinika Nafpigeia v Commission
State aid — Shipbuilding — Aid granted by the Greek authorities to a shipyard — Decision declaring the aid incompatible with the common market and ordering its recovery — Misuse of aid
Case T-236/09 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — External service provision for development, studies and support of information systems — Rejection of a tenderer’s bids — Duty to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability
Case T-113/06 Marine Harvest Norway and Others v Council
Dumping — Imports of salmon originating in Norway — Definition of the Community industry — Like product — Composition of the sample of Community producers
Case T-115/06 Fiskeri og Havbruksnæringens Landsforening and Others v Council
Dumping — Imports of salmon originating in Norway — Lesser duty rule — Calculation of minimum import prices and fixed duties
Case T-63/09 Volkswagen v OHIM – Suzuki Motor (SWIFT GTi)
Community Trade Mark — Opposition proceedings — Application for Community word mark SWIFT GTi — Earlier international and national marks GTI — Relative grounds for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Assessment of the likelihood of confusion — Rejection of the opposition
Case T-225/10 Banco Bilbao Vizcaya Argentaria v Commission
Action for annulment — State aid — Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid — No individual concern — Inadmissibility
Case T‑228/10 Telefónica v Commission
Action for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-234/10 Ebro Foods v Commission
Action for annulment — State aid — Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid — No individual concern — Inadmissibility
Case T-157/10 Barilla v OHIM – Brauerei Schlösser (ALIXIR)
Community trade mark — Opposition proceedings — Application for registration of the Community word mark ALIXIR — Earlier national word mark Elixeer — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑327/09 Connefroy and Others v Commission
Action for annulment — State aid — Lack of individual concern — Inadmissibility
Case T-420/10 Armani v OHIM – Del Prete (AJ AMICI JUNIOR)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AJ AMICI JUNIOR — Earlier national figurative mark AJ ARMANI JEANS — Earlier national word mark ARMANI JUNIOR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-261/11 European Goldfields v Commission
Action for annulment — State aid — Subsidy granted by the Greek authorities in favour of the mining company Ellinikos Chrysos consisting of the transfer of the Cassandra mines at a price lower than the real market value and exemption from taxes on that transaction — Decision declaring the aid unlawful and ordering its recovery, with interest — No legal interest in bringing proceedings — Inadmissibility
Case T‑296/08 Berliner Institut für Vergleichende Sozialforschung v Commission
Aid granted under the INTI programme — Determination of the amount to be paid to the beneficiary — Errors of assessment
Case T‑41/09 Hipp v OHIM – Nestlé (Bebio)
Community trade mark — Opposition proceedings — Application for Community word mark Bebio — Earlier Community word mark and international word mark BEBA — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑190/10 Egan and Hackett v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Registers of assistants to former members of the European Parliament — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Protection of individuals with regard to the processing of personal data — Regulation (EC) No 45/2001
Case T-243/07 Poland v Commission
Agriculture — Common organisation of the markets — Measures to be adopted as a result of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Case T-247/07 Slovakia v Commission
Agriculture — Common organisation of the markets — Measures to be adopted on account of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Case T-248/07 Czech Republic v Commission
Agriculture — Common organisation of the markets — Measures to be adopted due to the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination — Objective pursued by a provision of primary legislation — Decision 2007/361/EC
Case T-417/09 Poslovni Sistem Mercator v OHIM – Mercator Multihull (MERCATOR STUDIOS)
Community trade mark — Opposition proceedings — Application for Community word mark MERCATOR STUDIOS — Earlier national and international figurative marks Mercator and Mercator Slovenska košarica — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No injury to reputation — Article 8(5) of Regulation No 207/2009
Case T-111/10 Portugal v Commission
ERDF — Reduction of financial assistance — Operational Programme seeking modernisation of the economic fabric in Portugal — Absence of precise and verifiable binding objectives — Legitimate expectations
Case T-369/10 Handicare and You-Q v OHIM – Apple Corps (BEATLE)
Community trade mark — Opposition proceedings — Application for Community figurative mark BEATLE — Earlier national and Community word and figurative marks BEATLES and THE BEATLES — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation of the earlier marks
Case T-547/10 Omya v OHIM – Alpha Calcit (CALCIMATT)
Community trade mark — Opposition proceedings — Application for Community word mark CALCIMATT — Prior Community word mark CALCILAN — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal of registration
Case T-242/11 Kaltenbach & Voigt v OHIM (3D eXam)
Community trade mark — International registration — Request for territorial extension of protection — Figurative mark 3D eXam — Absolute grounds for refusal — Descriptive character and lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
April 2012
Case T‑509/10 Manufacturing Support & Procurement Kala Naft v Council
Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Admissibility — Power of the Council — Misuse of power — Entry into force — Non-retroactivity — Duty to state reasons — Rights of the defence — Right to effective judicial protection — Error of law — Concept of support for nuclear proliferation — Error of assessment
Language of the case: French
Case T-326/11 Brainlab v OHIM (BrainLAB)
Community trade mark — Community word mark BrainLAB — Failure to apply for renewal of the registration of the trade mark — Removal of the trade mark from the register on expiry of registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Language of the case: German
Information (on unpublished decisions)
Case T-341/10 F91 Diddeléng and Others v Commission
Action for annulment — Decision to take no further action on a complaint — Failure to bring an action for failure to fulfil obligations — No challengeable act — Inadmissibility
Case T‑49/09 Evropaïki Dynamiki v Commission
Public service contracts — Community tendering procedure — Provision of services relating to the maintenance and development of the information systems of the Directorate-General for Regional Policy — Rejection of a tender — Action for annulment — Equal treatment — Duty to state reasons — Infringement of essential procedural requirements — Manifest error of assessment — Non‑contractual liability
Case T-162/09 Würth and Fasteners (Shenyang) v Council
Action for annulment — Dumping — No individual concern — Inadmissibility
Case T‑572/11 R II Hassan v Council
Interim relief — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim relief — Fresh application — Absence of new facts — Inadmissibility
Case T-163/12 R Ternavsky v Council
Application for interim measures — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Application for suspension of operation of a measure — Disregard of the formal requirements — Inadmissibility
Case T-554/08 Evropaïki Dynamiki v Commission
Public service contracts — Call for tenders — Provision of business, technical and project consultancy services for European Union computer applications in the customs, excise and taxation areas — Rejection of a tender — Decision to award the contract to another tenderer — Action for annulment — Inadmissibility — Claim in damages — Selection and award criteria — Duty to state reasons — Manifest error of assessment
Case T-166/10 Samskip Multimodal Container Logistics v Commission
Action for annulment — Decision awarding Community financial assistance to improve the environmental performance of the freight transport system — Marco Polo II programme — Termination of the grant agreement and definitive abandonment of the project — No longer any interest in bringing proceedings — No need to adjudicate
Case T-328/11 Leifheit v OHIM (EcoPerfect)
Community trade mark — Application for Community word mark EcoPerfect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑329/05 Movimondo Onlus v Commission
Arbitration clause — Framework agreement between ECHO and humanitarian organisations — Grant agreements — Suspension of payments
May 2012
Case T‑529/09 In 't Veld v Council
Access to documents — Regulation (EC) No 1049/2001 — Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement — Partial refusal to grant access — Exception relating to the protection of the public interest in the field of international relations — Exception relating to the protection of legal advice — Specific and foreseeable threat to the interest in question — Overriding public interest
Language of the case: English
Case T‑158/10 Dow Chemical v Council
Dumping — Imports of ethanolamines originating in the United States — Definitive anti-dumping duty — Expiry of anti-dumping measures — Review — Likelihood of a continuation or recurrence of dumping — Article 11(2) of Regulation (EC) No 1225/2009
Language of the case: English
Case T‑344/08 EnBW Energie Baden-Württemberg v Commission
Access to documents — Regulation (EC) No 1049/2001 — Administrative file relating to cartel proceedings — Refusal of access — Exception relating to protection of the purpose of investigations — Exception concerning the protection of the commercial interests of a third party — Exception concerning the protection of the decision-making process — Obligation of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the request for access
Language of the case: German
Case T‑300/10 Internationaler Hilfsfonds v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to contract LIEN 97‑2011 — Partial refusal of access — Determination of the subject-matter of the initial application — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to protection of the decision-making process — Principle of sound administration — Concrete and individual examination — Duty to state reasons
Language of the case: German
Case T‑570/10 Environmental Manufacturing v OHIM – Wolf (Representation of the head of a wolf)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative grounds for refusal — Detriment to the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑111/08 MasterCard and Others v Commission
Competition — Decision by an association of undertakings — Market for the provision of debit, charge and credit card transaction acquiring services — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Multilateral fallback interchange fees — Article 81(1) and (3) EC — Concept of ancillary restriction — No objective necessity — Restriction of competition by effect — Conditions for the grant of an individual exemption — Rights of the defence — Remedy — Periodic penalty payment — Statement of reasons — Proportionality
Language of the case: English
Information (on unpublished decisions)
Case T‑435/11 Universal Display v OHIM (UniversalPHOLED)
Community trade mark — International registration designating the European Community — Application for Community word mark UniversalPHOLED — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑270/10 Conceria Kara v OHIM – Dima (KARRA)
Community trade mark — Opposition proceedings — Application for Community word mark KARRA — Earlier national and Community figurative marks Kara — Company name Conceria Kara Srl and trade name Kara — Relative grounds for refusal — First sentence of Article 75 of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(4) of Regulation (EC) No 207/2009 — Article 8 of the Paris Convention — Bad faith
Case T‑344/10 UPS Europe and United Parcel Service Deutschland v Commission
State aid — No decision to close the procedure under Article 88(2) EC — Action for failure to act — Locus standi — Admissibility
Case T‑244/10 Tsakiris-Mallas v OHIM – Seven (7 Seven Fashion Shoes)
Community trade mark — Opposition proceedings — Application for Community figurative mark 7 Seven Fashion Shoes — Earlier national figurative marks Seven and 7seven — Partial refusal to register — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑331/10 Yoshida Metal Industry v OHIM – Pi-Design and Others (Representation of a triangular surface with black dots)
Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T‑348/10 Panzeri v OHIM – Royal Trophy (Royal Veste e premia lo sport)
Community trade mark — Opposition proceedings — Application for figurative Community mark Royal Veste e premia lo sport — Earlier Community and international word marks veste lo sport — Earlier unregistered figurative mark panzeri veste lo sport — Relative grounds for refusal — Article 8(1)(b) and (4) of Regulation (EC) No 207/2009
Case T‑416/10 Yoshida Metal Industry v OHIM – Pi-Design and Others (Representation of a surface with black dots)
Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T‑101/11 Mizuno v OHIM – Golfino (G)
Community trade mark — Opposition proceedings — Application for the Community figurative mark G — Earlier Community figurative mark G+ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑134/12 R Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Application for interim measures — Financial assistance — Research and development — Recovery of advance payments made — Application for suspension of operation — Disregard of formal requirements — Inadmissibility
Case T‑325/11 Amador López v OHIM (AUTOCOACHING)
Community trade mark — Application for Community word mark AUTOCOACHING — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑280/11 Ewald v OHIM – Kin Cosmetics (Keen)
Community trade mark — Opposition proceedings — Application for the Community word mark Keen — Community figurative mark KIN — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑580/10 Wohlfahrt v OHIM – Ferrero (Kindertraum)
Community trade mark — Opposition proceedings — Application for Community word mark Kindertraum — Earlier national word mark Kinder — Relative ground for refusal — Proof of use of the earlier trade mark — Article 42(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑17/09 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Provision of informatics services for an electronic exchange of social security information project (EESSI project) in the field of the coordination of social security for persons mobile in Europe — Rejection of bid submitted by a tenderer — Award of the contract — Duty to state reasons — Transparency — Equal treatment — Manifest error of assessment — No interest in bringing proceedings — Non-contractual liability
Case T‑371/09 Retractable Technologies v OHIM – Abbott Laboratories (RT)
Community trade mark — Opposition Procedure — Application for figurative Community mark RT — Earlier national word mark RTH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑6/10 Sviluppo Globale v Commission
Public service contracts — Call for tenders — Support for the customs and tax authorities in Kosovo — Rejection of a tenderer’s bid — Act not amenable to review — Confirmatory act — Inadmissibility — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the call for tenders — Partial refusal of access — Exception concerning the protection of the commercial interests of a third party — Inadequate statement of reasons
Case T‑273/10 Olive Line International v OHIM – Umbria Olii International (O·LIVE)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark O·LIVE — Earlier Community and Spanish figurative and word marks Olive line — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑345/10 Portugal v Commission
EAGGF — Guidance Section — Reduction of financial assistance — Measures to support investments in agricultural holdings — Effectiveness of controls
Case T‑546/10 Nordmilch v OHIM – Lactimilk (MILRAM)
Community trade mark — Opposition proceedings — Application for Community word mark MILRAM — Earlier national word and figurative marks RAM — Relative ground for refusal — Similarity of goods and signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑585/10 Aitic Penteo v OHIM – Atos Worldline (PENTEO)
Community trade mark — Opposition proceedings — Application for Community word mark PENTEO — Earlier Benelux and international word marks XENTEO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Articles 75 and 76 of Regulation No 207/2009
Case T‑60/11 Kraft Foods Global Brands v OHIM – fenaco (SUISSE PREMIUM)
Community trade mark — Opposition proceedings — Application for Community figurative mark SUISSE PREMIUM — Earlier Community figurative mark Premium — Absolute ground for refusal — No likelihood of confusion — Opposition rejected — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-110/11 Asa v OHIM – Merck (FEMIFERAL)
Community trade mark — Opposition proceedings — Application for Community word mark FEMIFERAL — Earlier national word mark Feminatal and earlier national figurative mark feminatal — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑179/11 Sport Eybl & Sports Experts v OHIM – Seven (SEVEN SUMMITS)
Community trade mark — Opposition proceedings — Application for Community figurative mark SEVEN SUMMITS — Earlier Community figurative mark Seven — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑169/10 Grupo Osborne v OHIM – Industria Licorera Quezalteca (TORO XL)
Community trade mark — Opposition proceedings — Application for Community word mark TORO XL — Early Community figurative mark XL — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 — No likelihood of confusion
Case T‑555/10 JBF RAK v Council
Subsidies — Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates — Definitive countervailing duty and definite collection of provisional duty — Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 — Principle of sound administration
Case T‑152/11 TMS Trademark-Schutzrechtsverwertungsgesellschaft v OHIM – Comercial Jacinto Parera (MAD)
Community trade mark — Revocation proceedings — Community figurative mark MAD — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character — Article 15(1)(a) of Regulation No 207/2009
Case T‑550/11 Assaad v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Syria — List of persons and entities subject to the freeze of funds and economic resources — No legal interest in bringing proceedings
Case T‑233/10 Nike International v OHIM – Intermar Simanto Nahmias (JUMPMAN)
Community trade mark — Opposition proceedings — Application for Community word mark JUMPMAN — Earlier national word mark JUMP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
June 2012
Case T-381/11 Eurofer v Commission
Language of the case: German
Case T‑395/11 Elti v Delegation of the European Union to Montenegro
Actions for annulment — Public supply contracts — Tender procedure — Digitalisation of Montenegrin Public Broadcasting — Decision awarding the contract taken by the Delegation of the European Union to Montenegro — No legal capacity to be a defendant — Inadmissibility
Language of the case: English
Case T‑214/06 Imperial Chemical Industries v Commission
Competition — Agreements, decisions and concerted practices — Methacrylates market — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Participation in a part of the cartel — Rights of the defence — Fines — Duty to state reasons — Gravity of the infringement — Deterrent effect — Equal treatment — Proportionality — Principle of sound administration — Cooperation during the administrative procedure — Duration of procedure — Reasonable time
Language of the case: English
Case T‑534/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM – Garmo (HELLIM)
Community trade mark — Opposition proceedings — Application for the Community word mark HELLIM — Earlier Community collective word mark HALLOUMI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Article 63(2) of Regulation No 207/2009
Language of the case: German
Case T‑338/08 Stichting Natuur en Milieu and Pesticide Action Network Europe v Commission
Environment — Regulation (EC) No 1367/2006 — Maximum residue levels for pesticides — Request for internal review — Refusal — Measure of individual scope — Validity — Aarhus Convention
Language of the case: Dutch
Case T-396/09 Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission
Environment — Regulation (EC) No 1367/2006 — Obligation of the Member States to protect and improve ambient air quality — Temporary exemption granted to a Member State — Request for internal review — Refusal — Measure of individual scope — Validity — Aarhus Convention
Language of the case: Dutch
Case T‑439/07 Coats Holdings v Commission
Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’ — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Evidence — Single and continuous infringement — Limitation period — Rights of the defence — Fines — Guidelines
Language of the case: English
Case T‑167/08 Microsoft v Commission
Competition — Abuse of dominant position — Client PC operating systems — Work group server operating systems — Refusal of the dominant undertaking to supply and authorise the use of interoperability information — Fulfilment of obligations under a decision finding an infringement and imposing behavioural measures — Periodic penalty payment
Language of the case: English
Case T‑372/10 Bolloré v Commission
Competition — Agreements, decisions and concerted practices — Market for carbonless paper — Price-fixing — Decision finding an infringement of Article 101 TFEU — Decision adopted following annulment of a first decision — Imputation of the infringement to the parent company in its capacity as direct participant — Principle that offences and penalties must have a proper basis in law — Legal certainty — Principle that penalties must be applied only to the offender — Fair hearing — Equal treatment — Reasonable time — Rights of the defence — Fines — Limitation period — Attenuating circumstances — Cooperation
Language of the case: French
Case T‑523/10 Interkobo v OHIM – XXXLutz Marken (my baby)
Community trade mark — Opposition proceedings — Application for Community figurative mark my baby — Earlier national and international word marks MYBABY and earlier national figurative mark mybaby — Relative ground for refusal — Failure to produce evidence in the language of the opposition proceedings — Legitimate expectations — Rules 19(3), 20(1) and 98(1) of Regulation (EC) No 2868/95
Language of the case: German
Case T‑133/09 I Marchi Italiani and Basile v OHIM – Osra (B. Antonio Basile 1952)
Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Language of the case: Italian
Case T‑360/09 E.ON Ruhrgas and E.ON v Commission
Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines
Language of the case: German
Case T‑370/09 GDF Suez v Commission
Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines
Language of the case: French
Information (on unpublished decisions)
Case T‑440/09 Azienda Agricola Bracesco v Commission
Non‑contractual liability — Agriculture — Bird flu — Exceptional market support measures in the eggs and poultry sector — Non‑inclusion of quails among the poultry types for which compensation is available — Equal treatment and non‑discrimination — No causal link — Action manifestly devoid of any basis in law
Case T‑379/11 Hüttenwerke Krupp Mannesmann and Others v Commission
Action for annulment — Environment — Directive 2003/87/EC — Allocation of free greenhouse gas emission allowances from 2013 — Commission decision determining the product benchmarks to apply for the calculation of the allocation of emission allowances — Article 263, fourth paragraph TFEU — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissible
Joined Cases T‑492/09 and T‑147/10 Meda Pharma v OHIM – Nycomed (ALLERNIL)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ALLERNIL — Application for Community word mark ALLERNIL — Earlier national word mark ALLERGODIL — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Grounds — Article 75 of Regulation No 207/2009
Case T‑206/10 Vesteda Groep v Commission
State aid — Scheme of aid granted by the Netherlands to social housing corporations — Existing aid — Decision accepting the commitments made by the Member State — Action for annulment — Locus standi — Inadmissibility
Case T‑165/11 Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM – Investimust (COLLEGE)
Community trade mark — Invalidity proceedings — Community word mark COLLEGE — Absolute ground for refusal — Absence of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑246/09 Insula v Commission
Arbitration clause — Financing contracts for research and development projects — MEDIS and Dias.Net contracts — Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses — Retention of a sum intended for another co‑contractor — Reimbursement of sums advanced — Partial inadmissibility of the action — Counterclaim by the Commission — Partial removal of need to adjudicate in relation to the counterclaim
Case T‑366/09 Insula v Commission
Arbitration clause — Financing contracts for research and development projects — Ecres, El Hierro, Islands 2010, Opet I, Opet II, Opet Ola, Respire, Sustainable Communities and Virtual Campus contracts — Lack of supporting documents and non‑compliance with the contractual requirements in respect of some of the declared expenses — Reimbursement of sums advanced — Partial inadmissibility of the action — Counterclaim by the Commission
Case T‑110/10 Insula v Commission
Arbitration clause — Financing contract for research and development projects — El Hierro contract — Lack of supporting documents and non-compliance with the contractual requirements in respect of the declared expenses — Reimbursement of sums advanced — Counterclaim by the Commission
Case T‑342/10 Hartmann v OHIM – Mölnlycke Health Care (MESILETTE)
Community trade mark — Opposition proceedings — Application for Community word mark MESILETTE — Earlier national and international word marks MEDINETTE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑519/10 Seikoh Giken v OHIM – Seiko Holdings (SG SEIKOH GIKEN)
Community trade mark — Opposition proceedings — International registration — Application for territorial extension of the protection — Figurative mark SG SEIKOH GIKEN — Earlier Community word mark SEIKO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑535/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM – Garmo (GAZI Hellim)
Community trade mark — Opposition proceedings — Application for Community figurative mark GAZI Hellim — Prior collective Community word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑542/10 XXXLutz Marken v OHIM – Meyer Manufacturing (CIRCON)
Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009
Case T‑277/11 Hotel Reservation Service Robert Ragge v OHIM – Promotora Imperial (iHotel)
Community trade mark — Opposition proceedings — Application for Community word mark iHotel — Earlier Community figurative mark i‑hotel — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑312/11 Süd-Chemie v OHIM – Byk-Cera (CERATIX)
Community trade mark — Opposition proceedings — Application for Community word mark CERATIX — Earlier national word mark CERATOFIX — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑656/11 R II Morison Menon Chartered Accountants and Others v Council
Application for interim measures — No need to adjudicate
Case T‑293/10 Seven Towns v OHIM (Representation of seven squares of different colours)
Community trade mark — Application for Community mark representing seven squares of different colours — Sign of which a Community trade mark may consist — Article 4 of Regulation (EC) No 207/2009
Case T‑546/11 Technion and Technion Research & Development Foundation v Commission
Action for annulment — Sixth framework programme for research, technological development and demonstration activities — Letter confirming the findings of an audit report and informing the applicant of the next steps in the procedure — Acts inseparable from the contract — Inadmissibility
Case T‑159/09 Biofrescos v Commission
Customs union — Frozen shrimps and prawns from Indonesia — Invalid certificates of origin — Post-clearance recovery of import duties — Application for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
Case T‑203/11 Transports Schiocchet - Excursions v Council and Commission
Non-contractual liability — Coach and bus services between Member States — Regulation (EEC) No 684/92 — Sufficiently serious breach of a rule of law conferring rights on individuals — None — Action manifestly lacking any foundation in law
Case T‑557/10 H.Eich v OHIM – Arav (H.EICH)
Community trade mark — Opposition proceedings — Application for Community word mark H.EICH — Earlier national figurative mark H SILVIAN HEACH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑37/11 Hungary v Commission
Action for annulment — Temporary instrument intended to finance actions at the new external borders of the European Union for the purpose of the implementation of the Schengen acquis and border control (Schengen Facility) — Contribution to Hungary in respect of the period from 2004 to 2006 — Recovery of part of the amount paid — Challengeable act — Inadmissibility
Case T‑357/10 Kraft Foods Schweiz v OHIM – Compañía Nacional de Chocolates (CORONA)
Community trade mark — Opposition proceedings — Application for Community figurative mark CORONA — Earlier national word marks KARUNA and KARŪNA — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑276/09 Kavaklidere-Europe v OHIM – Yakult Honsha (Yakut)
Community trade mark — Opposition proceedings — Application for the Community word mark Yakut — Earlier Community figurative mark Yakult — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Cases T‑178/10, T‑263/10 and T‑265/10 Spain v Commission
Operational programmes of the Cohesion Fund and of the ERDF managed by Spain — Request for interim payment — Evidence suggesting significant deficiency in functioning of management and control systems — Measures interrupting the period for payment — Action for annulment — Admissibility — Audit strategy — Legal certainty — Legitimate expectations — Proportionality
Cases T-264/10 and T-266/10 Spain v Commission
Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) — Interim payment application — Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems — Actions for annulment — Admissibility — Article 87(2) of Regulation (EC) No 1083/2006
Case T‑514/10 Fruit of the Loom v OHIM – Blueshore Management (FRUIT)
Community trade mark — Revocation proceedings — Community word mark FRUIT — Non‑use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009
Case T‑531/11 Hamas v Council
Annulment action — Restrictive measures with a view to combating terrorism — Lis pendens
Case T‑445/07 Berning & Söhne v Commission
Competition — Agreements, decisions and concerted practices — Markets in zip fasteners and ‘other fasteners’ and attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information — Proof — Rights of the defence — Single and continuing infringement — Time-bar — Fines — Duration and gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality
Case T‑448/07 YKK and Others v Commission
Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’, and for attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Single and continuous infringement — Evidence — Nature and implementation of the infringement — Real impact — Leniency Notice — Fines — Upper limit — Dissuasive effect of the fine — Equal treatment — Proportionality
Case T-344/09 Hearst Communications v OHIM – Vida Estética (COSMOBELLEZA)
Community trade mark — Opposition proceedings — Application for Community word mark COSMOBELLEZA — Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW — Non‑registered marks and trade names COSMO and COSMOPOLITAN — Relative grounds for refusal — No likelihood of confusion — No similarity between the marks — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-134/09 Basile and I Marchi Italiani v OHIM – Osra (B. Antonio Basile 1952)
Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation through acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009
Case T‑314/10 Constellation Brands v OHIM (COOK'S)
Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
July 2012
Case T-86/08 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruit and vegetables — Rural development — Non-compliance with payment deadlines — Compliance with a judgment of the Court of Justice — Authority of res judicata — Time-limit of 24 months — Principle of proportionality
Language of the case: Greek
Case T-304/08 Smurfit Kappa Group v Commission
State aid — Corrugated case materials — Aid for the construction of a paper mill — Guidelines on State aid for regional purposes — Decision declaring the aid compatible with the common market — Admissibility — Validity of the authority conferred by a legal person on its lawyers — Adoption of a decision upon conclusion of the preliminary examination phase — Standing to bring proceedings — Procedural rights of interested parties — Serious difficulties justifying the initiation of the formal investigation procedure — Exercise by the Commission of its discretion — Article 87(3)(a) EC — Article 88(2) and (3) EC — Article 4 of Regulation (EC) No 659/1999 — Article 44(5) and (6) of the Rules of Procedure
Language of the case: English
Case T-279/09 Aiello v OHIM – Cantoni ITC (100% Capri)
Community trade mark — Opposition proceedings — Notification of the opposing party’s pleading before the Board of Appeal — Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 — Rights of the defence
Language of the case: Italian
Case T-170/11 Rivella International v OHIM – Baskaya di Baskaya Alim (BASKAYA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASKAYA — Earlier international figurative mark Passaia — Proof of genuine use of the earlier mark — Relevant territory — Article 42(2) and (3) of Regulation (EC) No 207/2009
Language of the case: German
Information (on unpublished decisions)
Case T-212/09 Denmark v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Setting aside of land
Case T-350/09 ICO Satellite v Commission
Actions for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Absence of excusable error — Manifest inadmissibility
Case T-329/11 TME v Commission
Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the applicant — Refusal of the Commission to open a financial adjustment procedure with respect to Romania — Manifest inadmissibility
Case T-12/12 Laboratoires CTRS v Commission
Medicinal products for human use — Marketing authorisation for the medicinal product Orphacol — Letter informing the applicant of the Commission’s intention to refuse authorisation — Application for a declaration of failure to act — Definition of position by the Commission — Inadmissibility — Application for annulment — Adoption of a new decision — No need to adjudicate
Case T-466/09 Comercial Losan v OHIM – McDonald's International Property (Mc. Baby)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Mc. Baby — Earlier Community figurative mark Mc Kids. always quality. always fun! — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-209/10 Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG)
Community trade mark — Application for Community word mark Deutscher Ring Sachversicherungs-AG — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-60/10 Jackson International v OHIM – Royal Shakespeare (ROYAL SHAKESPEARE)
Community trade mark — Invalidity proceedings — Community word mark ROYAL SHAKESPEARE — Earlier Community word mark RSC ROYAL SHAKESPEARE COMPANY — Relative grounds for invalidity — Mark with a reputation — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of association — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
Case T-382/11 Pigui v Commission
Action for failure to act — Position taken — Application for directions to be issued — Manifest inadmissibility
Case T-520/09 TF1 and Others v Commission
State aid — Public service broadcasting — Aid intended to be granted by the French Republic to France Télévisions — Budgetary grant for 2009 — Decision not to raise objections — Service of general economic interest — Criterion of proportionality — No serious difficulties
Case T-587/10 Interspeed v Commission
Non-contractual liability — External relations — Call for tenders issued by the EAR concerning work at the Preševo (Serbia) border crossing, the financing of the works and other connected measures — No causal link
Case T-135/11 Clorox v OHIM – Industrias Alen (CLORALEX)
Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word marks CLOROX — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-559/10 Laboratoire Garnier v OHIM (natural beauty)
Community trade mark — Application for the Community figurative mark natural beauty — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-264/00 Compagnia Generale delle Acque v Commission
Annulment action — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Commission decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action partially inadmissible and partially manifestly devoid of any basis in law
Case T-476/07 Evropaïki Dynamiki v Frontex
Public service contracts — Frontex tendering procedures — Provision of informatics services — Rejection of a tender — Action for annulment — Admissibility — Obligation to state reasons — Award criteria — Manifest error of assessment — Non-contractual liability
Case T-346/09 Winzer Pharma v OHIM – Alcon (BAÑOFTAL)
Community trade mark — Opposition proceedings — Application for Community word mark BAÑOFTAL — Earlier national word marks KAN-OPHTAL and PAN-OPHTAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-470/09 medi v OHIM (medi)
Community trade mark — Application for the Community word mark medi — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation No 207/2009
Case T-334/10 Leifheit v OHIM – Vermop Salmon (Twist System)
Community trade mark — Invalidity proceedings — Community word mark Twist System — Earlier Community word marks TWIX and TWIXTER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-61/11 Vermop Salmon v OHIM – Leifheit (Clean Twist)
Community trade mark — Invalidity proceedings — Community word mark Clean Twist — Earlier Community word marks TWIX and TWIXSTER — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-227/11 Wall v OHIM – Bluepod Media Worldwide (bluepod MEDIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark bluepod MEDIA — Earlier Community figurative mark blue spot and earlier international and national word marks BlueSpot — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-323/11 Unión de Cervecerías Peruanas Backus y Johnston v OHIM (shape of a bottle)
Community trade marks — Absolute grounds for refusal — Application for a three-dimensional trade mark — Shape of a bottle — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-361/11 Hand Held Products v OHIM – Orange Brand Services (DOLPHIN)
Community trade mark — Opposition proceedings — Application for Community word mark DOLPHIN — Earlier Community word mark DOLPHIN — Opposition refused in part — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-389/11 Guccio Gucci v OHIM – Chang Qing Qing (GUDDY)
Community trade mark — Opposition proceedings — Application for the Community word mark GUDDY — Earlier Community word mark GUCCI — Relative ground for refusal — Likelihood of confusion — Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark — Evidence — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-255/09 Caixa Geral de Depósitos v OHIM – Caixa d'Estalvis i Pensions de Barcelona (la Caixa)
Community trade mark — Opposition proceedings — Application for Community figurative mark la caixa — Earlier Portuguese word mark CAIXA — Earlier national word and figurative marks — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-201/10 IVBN v Commission
Action for annulment — State aid — Scheme of aid granted by the Netherlands to housing corporations — Existing aid — Special project aid to housing corporations — Decision accepting the Member State’s commitments — Decision declaring new aid compatible — No individual concern — Failure to initiate the procedure under Article 108(2) TFEU — Action inadmissible in part and in part manifestly devoid of any basis in law
Case T-240/11 L'Oréal v OHIM – United Global Media Group (MyBeauty TV)
Community trade mark — Opposition proceedings — Costs recoverable before OHIM — Costs of being represented by an employee — Article 85(1) of Regulation (EC) No 207/2009 — Action manifestly devoid of any basis in law
September 2012
Case T‑565/08 Corsica Ferries France v Commission
State aid — Maritime cabotage sector — Service of general economic interest — Private investor in a market economy test — Social policy of the Member States — Restructuring aid — Effects of a judgment annulling a decision
Language of the case: French
Joined Cases T‑133/08, T-134/08, T-177/08 and T‑242/09 Schräder v CPVO – Hansson (LEMON SYMPHONY and SUMOST 01)
Plant varieties — Decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY — Application for revocation of the Community plant variety right granted for the variety LEMON SYMPHONY — Application for annulment of the Community plant variety right granted for the variety LEMON SYMPHONY — Application for a Community plant variety right for the variety SUMOST 01 — Summons to attend oral proceedings before the Board of Appeal of the CPVO — Period of notice to attend of at least one month
Language of the case: German
Case T‑156/11 Since Hardware (Guangzhou) v Council
Dumping — Imports of ironing boards originating in China — Proceeding initiated against a single company — Market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation (EC) No 1225/2009 — Burden of proof — Determination of injury
Language of the case: French
Case T‑265/08 Germany v Commission
ERDF — Reduction of financial assistance — Operational programme falling within Objective 1 (1994-1999), concerning the Land Thüringen (Germany)
Language of the case: German
Cases T‑168/10 and T‑572/10 Commission v SEMEA and Commune de Millau
Arbitration clause — Grant contract concerning a local development action consisting in the performance of work for the preparation and launching of a European Local Enterprise Centre in Millau (France) — Recovery of part of the sums paid — Admissibility of an action against a French company removed from the commercial and companies register — Application of French law — Administrative contract — Recovery of undue payments — Limitation period — Enforceability of an arbitration clause — Take-over of debt — Ancillary principle — Stipulation for third parties
Language of the case: French
Case T‑267/11 Video Research USA v OHIM (VR)
Community trade mark — Community figurative mark VR — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Language of the case: English
Case T‑52/12 R Greece v Commission
Application for interim measures — State aid — Compensation payments made in 2008 and 2009 by the Greek Agricultural Insurance Organisation (ELGA) — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — Urgency — Weighing up of interests
Language of the case: Greek
Case T‑169/08 DEI v Commission
Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC — Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite
Language of the case: Greek
Case T‑154/10 France v Commission
State aid — Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Decision declaring the aid incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Burden of proving the existence of State aid — Advantage
Language of the case: French
Case T‑278/10 Wesergold Getränkeindustrie v OHIM – Lidl Stiftung (WESTERN GOLD)
Community trade mark — Opposition proceedings — Application for Community word mark WESTERN GOLD — Earlier national, international and Community word marks WESERGOLD, Wesergold, and WeserGold — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctiveness of the earlier marks
Language of the case: German
Case T‑343/06 Shell Petroleum and Others v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Joint control — Fines — Aggravating circumstances — Role of instigator and leader — Repeated infringement — Duration of the infringement — Rights of the defence — Unlimited jurisdiction — Conduct of the undertaking during the administrative procedure
Language of the case: English
Case T‑347/06 Nynäs Petroleum and Nynas Belgium v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment
Language of the case: English
Case T‑357/06 Koninklijke Wegenbouw Stevin v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction on competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Rights of the defence — Fine — Aggravating circumstances — Role of instigator and leader — Absence of cooperation — Commission’s powers of investigation — Right to the assistance of a lawyer — Misuse of powers — Calculation of the amount of the fines — Duration of the infringement — Unlimited jurisdiction
Language of the case: Dutch
Case T‑361/06 Ballast Nedam v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Attributability of the unlawful conduct — Rights of the defence — Effects in relation to third parties of a judgment annulling a measure
Language of the case: Dutch
Case T‑362/06 Ballast Nedam Infra v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Proof of the infringement — Gravity of the infringement — Attributability of the unlawful conduct — Rights of the defence — Production of new pleas in the course of proceedings — Unlimited jurisdiction
Language of the case: Dutch
Case T‑370/06 Kuwait Petroleum and Others v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment — Rights of the defence
Language of the case: English
Case T-82/08 Guardian Industries and Guardian Europe v Commission
Competition — Agreements, decisions and concerted practices — Market for flat glass in the EEA — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — Calculation of the amount of the fines — Exclusion of captive sales — Obligation to state the reasons on which the decision is based — Equal treatment — Mitigating circumstances
Language of the case: English
Case T‑139/09 France v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ seeking to support the fruit and vegetable market in France — Decision declaring the aid incompatible with the common market — Concept of State aid — State resources — Co-financing by a public institution and by voluntary contributions from farmers’ organisations — Arguments not raised during the administrative procedure — Duty to state reasons
Language of the case: French
Case T‑387/09 Applied Microengineering v Commission
Fifth framework programme for research, technological development and demonstration — Contracts concerning the projects ‘Formation of a New Design House for MST’ and ‘Assessment of a New Anodic Bonder’ — Recovery of part of the financial contribution paid — Enforceable decision — Decision amending the contested decision during the proceedings — Legal basis of the action — Nature of the pleas put forward — Legitimate expectations — Duty to state reasons — Principle of sound administration
Language of the case: English
Information (on unpublished decisions)
Case T‑381/08 DAI v Commission
Agriculture — Sugar — Temporary scheme for the restructuring of the sugar industry of the Community — Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 — Decision 2008/445/EC — Retroactive restructuring aid
Case T‑213/12 R Elitaliana v Eulex Kosovo and Starlite Aviation Operations
Interim measures — Public contracts — Tendering procedure — Rejection of a tender — Application for interim measures — Disregard of the procedural requirements — Inadmissibility
Case T‑497/11 Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT)
Community trade mark — Application for Community word mark EURO AUTOMATIC PAIEMENT — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑564/11 Farage v Parliament and Buzek
Law governing the institutions — Decision of the President of the Parliament imposing on a Member of the Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days — Decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the Member’s request for defence of his Parliamentary immunity — Manifest lack of jurisdiction of the General Court — Manifest inadmissibility
Case T‑657/11 Technion and Technion Research & Development Foundation v Commission
Action for annulment — Sixth framework programme for research, technological development and demonstration activities — Letter notifying the applicant of the Commission’s intention to recover the adjusted sums pursuant to a research financing contract — Acts inseparable from the contract — Inadmissibility
Case T‑394/06 Italy v Commission
EAGGF — ‘Guarantee’ section — Clearance of accounts — Expenditure excluded from financing — Irregularities or negligence attributable to administrations or bodies of Member States — Article 8(1) and (2) of Regulation (EEC) No 729/70 and Article 8(1) and (2) of Regulation (EC) No 1258/1999 — Excessive delay in assessment by the Commission of communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Reasonable time limit
Case T‑356/08 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Proportionality — Increase in the correction due to recurrence of the infringement
Case T‑566/10 Ertmer v OHIM – Caterpillar (erkat)
Community trade mark — Invalidity proceedings — Community word mark erkat — Earlier Community and national word and figurative marks CAT — Relative grounds for refusal — Likelihood of confusion — Damage to reputation — Article 8(1)(b) and (5) of Regulation (E) No 207/2009 — Duty to state reasons
Case T‑295/11 Duscholux Ibérica v OHIM – Duschprodukter i Skandinavien (duschy)
Community trade mark — Opposition proceedings — International registration designating the European Community — Application for the Community figurative mark duschy — Earlier Community figurative mark DUSCHO Harmony — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Duty to state reasons — Articles 75 and 76 of Regulation No 207/2009
Case T‑119/09 Protégé International v Commission
Competition — Abuse of dominant position — Market for Irish whiskey — Decision to reject a complaint — Lack of Community interest
Case T‑379/09 Italy v Commission
State aid — Exemption from excise duty on diesel used to heat glasshouses — Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid — Duty to state reasons — Selective nature — Effect on trade between Member States — Effect on competition — Directive 92/81/EEC — Directive 2003/96/EC — Community framework for State aid for the protection of the environment
Case T‑404/10 National Lottery Commission v OHIM – Mediatek Italia and De Gregorio (Representation of a hand)
Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law — Review
Case T‑72/11 Sogepi Consulting y Publicidad v OHIM (ESPETEC)
Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009
Case T‑369/11 Diadikasia Symvouloi Epicheiriseon v Commission and Others
Action for damages — Instrument for Pre-Accession Assistance — Third country — National public procurement — Decentralised management — Inadmissibility — Lack of jurisdiction
Case T‑460/11 Scandic Distilleries v OHIM – Bürgerbräu, Röhm & Söhne (BÜRGER)
Community trade mark — Opposition proceedings — Application for Community figurative mark BÜRGER — Earlier Community word mark Bürgerbräu — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑326/10 Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑327/10 Fraas v OHIM (Tartan pattern in black, dark grey, light grey and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, dark grey, light grey and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑328/10 Fraas v OHIM (Tartan pattern in dark grey, light grey, beige and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑329/10 Fraas v OHIM (Tartan pattern in black, grey, beige and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑26/11 Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, beige, brown, dark red and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑31/11 Fraas v OHIM (Tartan pattern in pink, violet, beige and dark grey)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in pink, violet, beige and dark grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑50/11 Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑164/11 Reddig v OHIM – Morleys (Knife handle)
Community trade mark — Proceedings for invalidity — Three-dimensional Community trade mark — Knife handle — Absolute ground for refusal — Sign constituted exclusively by the shape of the product necessary for obtaining a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 — Declaration of invalidity by the Board of Appeal
Case T‑220/11 TeamBank v OHIM – Fercredit Servizi Finanziari (f@ir Credit)
Community trade mark — Opposition proceedings — Application for Community figurative mark f@ir Credit — Earlier Community figurative mark FERCREDIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑333/09 Poland v Commission
EAGGF — Modulation — Allocation between the Member States of savings made — Distinction between the old Member States and those which acceded to the European Union in 2004 — Article 9(2) of Regulation (EC) No 73/2009 — Solidarity — Equal treatment — Duty to state reasons
Case T‑421/09 DEI v Commission
Competition — Abuse of dominant position — Greek markets for the supply of lignite and wholesale electricity — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision — Article 86(3) EC — Annulment of the earlier decision
Case T‑89/10 Hungary v Commission
Structural funds — Financial assistance — M43 Motorway between Szeged and Makó — VAT — Non-eligible expenditure
Case T‑407/10 Hungary v Commission
Structural funds — Financial assistance — Budapest-Kelenföld-Székesfehérvár-Boba railway line — VAT — Non-eligible expenditure
Case T‑445/10 HerkuPlast Kubern v OHIM – How (eco-pack)
Community trade mark — Opposition proceedings — Application for Community trade mark eco-pack — Earlier national and international word marks ECOPAK — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑84/09 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Provision of information and promotion of agricultural products — Production of olive oil and table olives — Late payment
Case T‑265/09 Serrano Aranda v OHIM – Burg Groep (LE LANCIER)
Community trade mark — Opposition proceedings — Application for Community word mark LE LANCIER — Earlier national word and figurative marks EL LANCERO — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Opposition dismissed
Case T‑301/09 IG Communications v OHIM – Citigroup and Citibank (CITIGATE)
Community trade mark — Opposition proceedings — Application for Community word mark CITIGATE — Earlier national and Community word and figurative marks containing the element ‘citi’ — Relative grounds for refusal — Likelihood of confusion — Family of trade marks — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009
Case T‑269/10 LIS v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑344/06 Total v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑348/06 Total Nederland v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Continuous nature of the infringement — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑351/06 Dura Vermeer Groep v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct
Case T‑352/06 Dura Vermeer Infra v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence
Case T‑353/06 Vermeer Infrastructuur v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Calculation of the amount of the fines — Gravity and duration of the infringement — Duty to state reasons — Rights of the defence
Case T‑354/06 BAM NBM Wegenbouw and HBG Civiel v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on horizontal cooperation agreements — Rights of the defence — Fines — Duration of the infringement
Case T‑355/06 Koninklijke BAM Groep v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Duration of the infringement
Case T‑356/06 Koninklijke Volker Wessels Stevin v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Imputability of the unlawful conduct
Case T‑359/06 Heijmans Infrastructuur v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Burden of proof — Fines — Gravity of the infringement — Imputability of the unlawful conduct — Duty to state reasons — Rights of the defence
Case T‑360/06 Heijmans v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct
Case T‑535/08 Tuzzi fashion v OHIM – El Corte Inglés (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier national word mark and international registration TUZZI — Earlier company name Tuzzi fashion GmbH — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Duty to state reasons — Article 73 and Article 62(2) of Regulation No 40/94 (now Article 75 and Article 64(2) of Regulation No 207/2009) — Examination of the facts by the adjudicatory body of its own motion — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) — Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009
Case T‑243/09 Fedecom v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Concept of State aid — State resources — Joint financing by a public body and by voluntary contributions from producer organisations — Arguments contrary to the facts submitted during the administrative proceedings — Operating aid — Legitimate expectation
Case T‑328/09 Producteurs de légumes de France v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Legitimate expectation — Material error in the calculation of the amounts to be recovered
Case T‑357/09 Pucci International v OHIM – El Corte Inglés (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑373/09 El Corte Inglés v OHIM – Pucci International (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T‑39/10 El Corte Inglés v OHIM – Pucci International (PUCCI)
Community trade mark — Opposition proceedings — Application for the Community word mark PUCCI — Earlier national figurative and word marks Emidio Tucci and E. TUCCI — Application for the earlier Community figurative mark Emidio Tucci — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑160/10 J v Parliament
Right of petition — Petition addressed to the European Parliament — Decision to take no further action — Action for annulment — Duty to state reasons — Petition not falling within an area of activity of the European Union
Case T‑257/10 Italy v Commission
State aid — Undertaking with subsidiaries in certain non-member countries — Reduced rate loans — Decision declaring aid incompatible in part with the internal market and ordering it to be repaid — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Force of res judicata — Duty to state reasons
Case T‑303/10 Wam Industriale v Commission
State aid — Undertaking with subsidiaries in certain non-member countries — Reduced rate loans — Decision declaring aid in part incompatible with the common market and ordering it to be repaid — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Execution of a judgment of the General Court — Duty to state reasons — Principle of sound administration — Duty to exercise diligence — Duty of care
October 2012
Case T‑465/09 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Application for access to the reports of European Union observers present in Croatia from 1 to 31 August 1995 — Refusal of access — Risk of undermining the protection of international relations — Prior disclosure
Language of the case: French
Case T‑63/10 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Request for access to certain documents exchanged with the International Criminal Tribunal for the Former Yugoslavia in the course of a trial — Refusal of access — Risk of undermining the protection of international relations — Risk of undermining the protection of court proceedings and legal advice
Language of the case: French
Case T‑584/10 Yilmaz v OHIM – Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark TEQUILA MATADOR HECHO EN MEXICO — Earlier national and international word marks MATADOR — Relative ground for refusal — No likelihood of confusion — No similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑53/12 CF Sharp Shipping Agencies v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Duty to state reasons
Language of the case: English
Case T‑63/12 Oil Turbo Compressor v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Duty to state reasons
Language of the case: German
Information (on unpublished decisions)
Case T‑312/10 ELE.SI.A v Commission
Arbitration clause — Sixth multiannual framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Contract concerning the ‘I Way, Intelligent, co-operative system in cars for road safety’ project — Termination of the contract — Request for repayment of the financial contribution paid — Damages — Action seeking to obtain the full financial contribution requested and to challenge the request for repayment — Counterclaim
Case T‑360/10 Tecnimed v OHIM – Ecobrands (ZAPPER-CLICK)
Community trade mark — Period allowed for bringing proceedings — Out of time — No unforeseeable circumstances — No force majeure — Right of access to a court — Manifest inadmissibility
Case T‑215/10 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from Community financing — Cotton — Aid to the least well-off — Rural development — Effectiveness of supervision — Proportionality
Case T‑591/08 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Provision of information technology services — Selection of the tenderer as second contractor in the cascade procedure — Action for annulment — Grounds for exclusion from the tendering procedure — Conflict of interests — Duty to state reasons — Manifest error of assessment — Equal treatment — Non-contractual liability
Case T‑204/10 Lancôme v OHIM – Focus Magazin Verlag (COLOR FOCUS)
Community trade mark — Invalidity proceedings — Community word mark COLOR FOCUS — Earlier Community word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Similarity of the marks — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Abuse of right
Case T‑62/12 ClientEarth v Council
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Opinion issued by the legal service of the Council concerning a draft regulation of the Parliament and of the Council related to public access to the documents of the Parliament, of the Council and of the Commission — Confirmation of a refusal to grant full access — Inadmissibility — Period allowed for commencing proceedings — Notion of measure open to challenge for the purposes of Article 263 TFEU — Confirmatory measure
Case T‑426/08 Italy v Commission
EAGGF — Guarantee Section — EAGF — Expenditure excluded from financing — Fruit and vegetables — Sugar — Processing of citrus fruits — Milk — Arable crops — Flat-rate financial correction — Proportionality — Duty to state reasons — No error of assessment
Case T‑366/11 Bial-Portela v OHIM – Isdin (ZEBEXIR)
Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑31/12 Région Poitou-Charentes v Commission
Action for annulment — Structural funds — Measure not subject to review — Measure in part informative and in part preparatory — Inadmissibility
Case T‑150/09 Ningbo Yonghong Fasteners v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Manifest error of assessment — Burden of proof — Adjustment to costs — Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009
Case T‑158/09 Greece v Commission
EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF — Negligence of the Member State in the recovery of sums wrongly paid — Liability of the Member State for the financial consequences of failure to recover
Case T‑170/09 Shanghai Biaowu High-Tensile Fasteners and Shanghai Prime Machinery v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Principle of sound administration — Burden of proof — Duty to state reasons — Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009
Case T‑172/09 Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009
Case T‑247/09 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Supply of services relating to the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media — Rejection of the bid of one tenderer and decision to award the contract to another tenderer — Obligation to state reasons — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-183/10 Sviluppo Globale v Commission
Public service contracts — Public procurement procedure — Supply of technical assistance to the Government of Syria — Rejection of the tender — Duty to state reasons
Case T‑569/10 Bimbo v OHIM – Panrico (BIMBO DOUGHNUTS)
Community trade mark — Opposition proceedings — Application for Community word mark BIMBO DOUGHNUTS — Earlier national word mark DOGHNUTS — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Article 76(2) of Regulation No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Application for alteration — Admissibility
Case T‑333/11 Wessang v OHIM – Greinwald (star foods)
Community trade mark — Opposition proceedings — Application for Community figurative mark star foods — Earlier Community word and figurative marks STAR SNACKS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑556/10 Novatex v Council
Subsidies — Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates — Definitive countervailing duty and definitive collection of provisional duty — Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009
Case T‑389/12 R EDF v Commission
Application for interim measures — Competition — Concentrations — Electricity market — Decision authorising a concentration operation subject to compliance with certain commitments — Refusal to grant the postponement of the deadline set for fulfilling those commitments — Application for interim measures — Lack of urgency
Case T-371/11 Monier Roofing Components v OHIM (CLIMA COMFORT)
Community trade mark — Application for the Community word mark CLIMA COMFORT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009
Case T‑491/09 Spain v Commission
EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Premiums in the ovine and caprine meat sector — On-the-spot inspections
Case T-220/10 Commission v EU Research Projects
Arbitration clause — Contract concluded in the framework of the specific programme for research, technological development and demonstration on a ‘User-friendly information society’ — Withdrawal from the project — Reimbursement of part of the amount advanced by the Commission — Default interest — Procedure by default
Case T‑286/10 Fondation IDIAP v Commission
Arbitration clause — Sixth Framework Programme for research, technological development and demonstration activities — Contracts relating to the Amida, Bacs and Dirac projects — Eligible costs — Additional cost model — Salary of researchers holding permanent employment contracts — Absence of contractor’s own resources
Case T‑447/10 Evropaïki Dynamiki v Court of Justice
Public service contracts — Tender procedure — Provision of services for the maintenance, development and support of computer applications — Rejection of the applicant’s tenders and award of the contracts to another tenderer — Selection criteria — Award criteria — Obligation to state reasons — Non-contractual liability
Case T‑485/10 MIP Metro v OHIM – J. C. Ribeiro (MISS B)
Community trade mark — Opposition proceedings — Application for Community word mark MISS B — Earlier national word mark miss H — Earlier international word mark Miss H — Earlier national and international figurative marks Miss H. — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑340/11 Régie Networks and NRJ Global v Commission
Action for damages — State aid — Limitation — Damage for which compensation may be awarded — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law — Manifest lack of jurisdiction
Case T‑466/11 Ellinika Nafpigeia and Hoern v Commission
Action for annulment — State aid — Shipbuilding — Aid granted by the Greek authorities to a shipyard — Measures implementing the Commission’s decision finding the aid incompatible with the common market and ordering that it be repaid — Inadmissibility
Case T-14/09 Vanhecke v Parliament
Privileges and immunities — Member of the Parliament — Waiver of immunity — Action for annulment — No further interest in bringing proceedings — No need to adjudicate
Case T‑442/11 Evropaïki Dynamiki v Commission
Action for annulment — Act not subject to review — Act which is confirmatory, in part, and informative, in part — Inadmissibility — Action for damages — Failure to identify the alleged conduct or to define the alleged damage — Inadmissibility — Action for damages — No proof of damage — Action manifestly lacking any foundation in law
Case T‑161/06 Arbos v Commission
Action for damages — ‘Culture 2000’ programme — Grants made for projects — Claims for payment of various sums — Article 44(1)(c) of the Rules of Procedure — Inadmissible
Case T‑216/09 Astrim and Elyo Italia v Commission
Public service contracts — Tendering procedure — Maintenance services for air conditioning, heating and ventilation systems — Ispra Joint Research Centre — Rejection of a tenderer’s bid — Interpretation of a condition laid down in the contract specifications — Duty to state reasons
Case T‑503/10 IDT Biologika v Commission
Public supply contracts — Call for tenders — Supply in Serbia of rabies vaccines — Rejection of a submitted tender — Award of the contract to another tenderer
Case T‑552/10 riha v OHIM – Lidl Stiftung (VITAL&FIT)
Community trade mark — Opposition proceedings — Application for Community figurative mark VITAL&FIT — Earlier national word mark VITAFIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T‑191/11 Automobili Lamborghini v OHIM – Miura Martínez and Miura Martínez (Miura)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark Miura — Earlier national word and figurative marks MIURA — Rights of the defence — Right to be heard — Article 75 of Regulation (EC) No 207/2009 — Notification by ordinary mail — Rule 62(1) and (5) of Regulation (EC) No 2868/95
November 2012
Case T‑137/10 CBI v Commission
State aid — Public hospitals — Subsidies granted by the Belgian authorities to public hospitals belonging to the IRIS association — Decision at the end of the preliminary stage — Decision declaring the aid compatible with the internal market — Service of general economic interest — Definition of public service mission — Proportionality of compensation for public service
Language of the case: French
Joined Cases T‑83/11 and T‑84/11 Antrax It v OHIM – THC (Radiators for heating)
Community design — Invalidity proceedings — Registered Community designs representing thermosiphons for radiators for heating — Earlier design — Ground for invalidity — Lack of individual character — No different overall impression — Articles 6 and 25(1)(b) of Regulation (EC) No 6/2002 — Saturation of the state of the art — Duty to state reasons
Language of the case: Italian
Case T‑278/11 ClientEarth and Others v Commission
Actions for annulment — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Period allowed for commencing proceedings — Delay — Manifest inadmissibility
Language of the case: English
Case T‑135/09 Nexans France and Nexans v Commission
Competition — Administrative procedure — Action for annulment — Acts adopted during an inspection — Intermediate measures — Inadmissibility — Decision ordering an inspection — Duty to state reasons — Protection of privacy — Reasonable grounds — Review by the Courts
Language of the case: English
Case T‑345/12 R Akzo Nobel and Others v Commission
Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of claim for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Application for interim measures — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
Case T‑76/11 Spain v Commission
Fisheries — Measures for the conservation of living aquatic resources — Article 105 of Regulation (EC) No 1224/2009 — Deductions from quotas allocated for a given year on account of overfishing in previous years — Temporal application — Legal certainty — Interpretation guaranteeing compliance with primary law — Principle that penalties must have a proper legal basis — Non-retroactivity
Language of the case: Spanish
Case T-541/10 ADEDY and Others v Council
Action for annulment — Decisions addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility
Language of the case: Greek
Cases T‑537/10 and T‑538/10 Adamowski v OHIM – Fagumit (FAGUMIT and Fagumit)
Community trade mark — Invalidity proceedings — Community word mark Fagumit and Community figurative mark FAGUMIT — Earlier national figurative mark FAGUMIT — Relative ground for invalidity — Article 8(3) and Article 165(4)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T‑164/12 R Alstom and Others v Commission
Interim relief — Competition — Commission decision to transmit documents to a national court — Confidentiality — Right to effective judicial protection — Application for interim measures — Prima facie case — Urgency — Weighing up of interests
Language of the case: English
Information (on unpublished decisions)
Case T‑574/08 Syndicat des thoniers méditerranéens and Others v Commission
Non-contractual liability — Fishing — Conservation of fishery resources — Reconstitution of the stocks of bluefin tuna — Emergency measures prohibiting fishing by purse seiners — Unusual loss
Case T‑114/11 Giordano v Commission
Non-contractual liability — Fisheries — Conservation of fisheries resources — Recovery of bluefin tuna stocks — Emergency measures prohibiting fishing by purse seiners — Unlawful conduct — Causal link
Case T-194/10 Hungary v Commission
Action for annulment — Regulation (EC) No 1234/2007 – Regulation (EC) No 607/2009 — E-Bacchus database – Registration of the protected designation of origin ‘Vinohradnícka oblast’ Tokaj’, in respect of Slovakia — Measure not subject to review — Inadmissibility
Case T‑415/11 Hartmann v OHIM (Nutriskin Protection Complex)
Community trade mark — Application for the Community word mark Nutriskin Protection Complex — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 — OHIM’s decision-making practice — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑555/11 tesa v OHIM – Superquímica (tesa TACK)
Community trade mark — Opposition proceedings — Application for Community figurative mark tesa TACK — Earlier national figurative mark TACK Ceys — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑140/09 Prysmian and Prysmian Cavi e Sistemi Energia v Commission
Competition — Administrative procedure — Action for annulment — Acts adopted during an inspection — Intermediate measures — Inadmissibility — Decision ordering an inspection — Duty to state reasons — Protection of privacy — Reasonable grounds — Review by the Court
Case T‑529/11 Evonik Industries v OHIM – Impulso Industrial Alternativo (Impulso creador)
Community trade mark — Opposition proceedings — Application for Community word mark Impulso creador — Earlier figurative Community mark IMPULSO — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑403/12 R Intrasoft International v Commission
Interim measures — Public contracts — Procurement procedure — Rejection of a bid — Application for a stay of execution — Lack of urgency
Case T-278/09 Verband Deutscher Prädikatsweingüter v OHIM (GG)
Community trade mark — Application for the Community collective word mark GG — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑341/12 R Evonik Degussa v Commission
Interim measures — Competition — Publication of a decision by which the Commission finds an infringement of provisions which prohibit cartels — Refusal of the request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Weighing up of interests — Urgency — Prima facie case
Case T‑589/11 Phonebook of the World v OHIM – Seat Pagine Gialle (PAGINE GIALLE)
Community trade mark — Invalidity proceedings — Community word mark PAGINE GIALLE — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T‑120/12 Shahid Beheshti University v Council
Annulment action — Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Period allowed for commencing proceedings — Lateness — Inadmissible
Case T‑270/08 Germany v Commission
ERDF — Reduction in financial assistance — Operational programme falling under Objective No 1 (1994-1999) for Berlin (East) (Germany
Case T‑338/11 Getty Images v OHIM (PHOTOS.COM)
Community trade mark — Application for the Community word mark PHOTOS.COM — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — No distinctiveness acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
Case T‑558/11 Atlas v OHIM – Couleurs de Tollens (ARTIS)
Community trade mark — Opposition proceedings — Application for Community word mark ARTIS — Earlier national word mark ARTIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-17/10 Steinberg v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to funding decisions for grants to Israeli and Palestinian non-governmental organisations under the ‘Partnership for Peace’ programme and the European Instrument for Democracy and Human Rights — Partial refusal of access — Exception relating to the protection of the public interest as regards public security — Duty to state reasons — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-215/11 ADEDY and Others v Council
Actions for annulment — Decision addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility
Case T‑672/11 H-Holding v Parliament
Action for failure to act — Action for damages — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law
Case T‑29/12 Bauer and Alva Management v OHIM – BenQ Materials (Daxon)
Community trade mark — Opposition proceedings — Application for Community word mark Daxon — Earlier Community word mark DALTON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑491/07 CB v Commission
Competition — Decision of an association of undertakings — Market for issuing payment cards in France — Decision finding an infringement of Article 81 EC — Tariff measures applicable to ‘new entrants’ — Membership fees and so-called ‘regulation of customer function’ and ‘sleeper member fee’ mechanisms — Relevant market — Object of the measures at issue — Restriction of competition by object — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty
Case T‑590/10 Thesing and Bloomberg Finance v ECB
Access to documents — Decision 2004/258/EC — Documents concerning the government debt and government deficit of a Member State — Refusal of access — Exception relating to the economic policy of the Union or of a Member State — Partial refusal of access
Case T-171/11 Hopf v OHIM (Clampflex)
Community trade mark — Application for Community word mark Champflex — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
December 2012
Case T‑15/11 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Duty to state reasons
Language of the case: English
Case T‑332/09 Electrabel v Commission
Competition — Concentrations — Decision imposing a fine for putting into effect a concentration — Obligation to suspend the concentration — Obligation to state reasons — Error of assessment — Limitation period — Amount of the fine
Language of the case: French
Case T‑352/09 Novácke chemické závody v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Obligation to state reasons — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Ability to pay
Language of the case: English
Information (on unpublished decisions)
Case T‑143/11 Consorzio vino Chianti Classico v OHIM – FFR (F.F.R.)
Community trade mark — Opposition proceedings — Application for a Community figurative mark ‘F.F.R.’ — Earlier national figurative marks CHIANTI CLASSICO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T‑421/11 Qualitest v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Obligation to state reasons — Manifest error of assessment
Case T‑167/10 Evropaïki Dynamiki v Commission
Access to documents — Regulation (EC) No 1049/2001 — Requests for quotation — Refusal to grant access — Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Admissibility — Exception relating to the protection of the economic policy of the European Union — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the public interest in the field of public security — Duty to state reasons
Case T‑42/09 A. Loacker v OHIM – Editrice Quadratum (QUADRATUM)
Community trade mark — Opposition proceedings — Application for Community word mark QUADRATUM — Earlier Community word mark LOACKER QUADRATINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009
Case T‑22/12 Fomanu v OHIM (Qualität hat Zukunft)
Community trade mark — Application for Community word mark Qualität hat Zukunft — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑231/00 Adriatica di Navigazione and Comitato "Venezia vuole vivere" v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑253/00 Bauer v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑260/00 Cooperativa San Marco fra Lavoratori della Piccola Pesca and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑261/00 Sacaim and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑457/07 Evropaïki Dynamiki v EFSA
Public procurement — Tender procedure — Provision of IT consultancy assistance services — Rejection of a tender and decision to award the contract to another tenderer — Admissibility — Obligation to state reasons — Selection criteria — Award criteria — Compliance with award criteria laid down in the tender specifications — Manifest error of assessment
Case T‑392/09 1. garantovaná v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10% of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay
Case T‑400/09 Ecka Granulate and non ferrum Metallpulver v Commission
Competition — Cartels — Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Principle that penalties must have a sound legal basis — 2006 guidelines for the calculation of the amount of fines — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Ability to pay
Case T‑410/09 Almamet v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Commission’s powers in inspections — Single and continuous infringement — Fines — Cooperation during the administrative procedure — Proportionality — 2006 Guidelines on the method of setting fines
Case T‑103/08 Versalis and Eni v Commission
Competition — Agreements, decisions and concerted practices — Chloroprene rubber market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Attributability of the unlawful conduct — Duty to state reasons — Rights of the defence — Evidence of involvement in the cartel — Single and continuous infringement — Fines — Gravity and duration of the infringement — Repeat offending — Deterrence — Attenuating circumstances — Maximum turnover limit of 10% — Cooperation — 2002 Leniency Notice — Equal treatment — Proportionality
Case T‑34/10 Hairdreams v OHIM – Bartmann (MAGIC LIGHT)
Community trade mark — Opposition proceedings — Application for Community word mark MAGIC LIGHT — Earlier national word mark MAGIC LIFE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑588/10 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Dried grapes — Raw tobacco — Specific measures for the smaller Aegean islands concerning certain agricultural products — Sheepmeat and goatmeat — Conditionality — Proportionality
Case T‑136/11 pelicantravel.com v OHIM – Pelikan (Pelikan)
Community trade mark — Invalidity proceedings — Community figurative mark pelikan — Absolute ground for refusal — No bad faith on the part of the applicant — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-461/11 Natura Selection v OHIM – Ménard (natura)
Community trade mark — Opposition proceedings — Application for Community figurative mark natura — Prior Community word mark NATURA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑357/11 Bimbo v OHIM – Grupo Bimbo (GRUPO BIMBO)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark GRUPO BIMBO — Earlier national word mark BIMBO — Relative grounds for refusal — Mark with a reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-205/11 Germany v Commission
Action for annulment — State aid — Period allowed for commencing proceedings — Out of time — Inadmissibility
Case T‑320/11 Hungary v Commission
Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Out of time — Inadmissibility
January 2013
Case T‑182/10 Aiscat v Commission
State aid — Direct concession for the construction and subsequent management of a section of motorway — Decision to take no further action on the complaint — Action for annulment — Actionable measure — Locus standi — Individual concern — Admissibility — Definition of aid — State resources
Language of the case: Italian
Case T‑54/11 Spain v Commission
ERDF — Reduction of financial assistance — Aid for the operational programme falling within Objective 1 (2000-2006) concerning the region of Andalucía (Spain) — Article 39(3)(b) of Regulation (EC) No 1260/1999 — Three-month period — Directive 93/36/EEC — Negotiated procedure without prior publication of a tender notice
Language of the case: Spanish
Case T‑237/11 Lidl Stiftung v OHIM – Lactimilk (BELLRAM)
Community trade mark — Opposition proceedings — Application for the Community word mark BELLRAM — Earlier national word and figurative marks RAM and Ram — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Articles 63(2), 75 and 76 of Regulation No 207/2009 — Opposition period
Language of the case: English
Case T‑625/11 BSH v OHIM (ecoDoor)
Community trade mark — Application for Community word mark ecoDoor — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: German
Joined Cases T‑346/11 and T‑347/11 Gollnisch v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive immunity — Activity unconnected with the functions of a Member of the Parliament — Procedure for waiver of immunity — Decision not to defend privileges and immunities — No further interest in bringing an action — No need to adjudicate
Language of the case: French
Case T‑308/00 RENV Salzgitter v Commission
State aid — Steel industry — Tax incentives for the development of the border zone between the former German Democratic Republic and the former Czechoslovak Socialist Republic — Non-notified aid — Decision declaring the aid incompatible with the common market — Recovery — Delay — Legal certainty — Calculation of the aid to be repaid — Aid falling within the scope of the ECSC Treaty — Investments for the protection of the environment — Discount rate
Language of the case: German
Joined Cases T‑225/06 RENV, T‑255/06 RENV, T‑257/06 RENV and T‑309/06 RENV Budějovický Budvar v OHIM
Community trade mark — Opposition proceedings — Applications for Community word and figurative marks BUD — Appellations ‘bud’ — Relative grounds for refusal — Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Language of the case: English
Case T‑46/09 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Processing of citrus fruits, cotton, bovines, and olive oil — Financial audit — Key controls — Proportionality — Recurrence — Duty to state reasons
Language of the case: Greek
Joined Cases T‑339/10 and T‑532/10 Cosepuri v EFSA
Public service contracts — Tender procedure — Shuttle service in Italy and Europe — Tenderer’s bid rejected — Decision to award the contract to another tenderer — Non-contractual liability — Access to documents — Regulation (EC) No 1049/2001 — Bid of the successful tenderer — Access refused — Exception relating to the protection of the commercial interests of a third party
Language of the case: Italian
Case T‑496/10 Bank Mellat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment
Language of the case: English
Information (on unpublished decisions)
Case T‑274/12 Alfastar Benelux v Council
Actions for failure to act — Action devoid of purpose — No need to adjudicate — Actions for damages — Action manifestly lacking any foundation in law
Cases T‑445/11 and T‑88/12 Charron Inox and Almet v Commission and Council
Action for annulment — Action for damages — Dumping –Imports of certain seamless pipes and tubes of stainless steel originating in China — Provisional anti-dumping duty — No need to adjudicate — Definitive anti-dumping duty — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law
Case T‑568/11 Kokomarina v OHIM – Vana Real Estate and Euro Shoe Group (interdit de me gronder IDMG)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court
Case T‑392/07 Strack v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to confirmatory applications for access to documents and to a case brought before the General Court — Document register — Action for annulment — Implied refusal of access — Interest in bringing proceedings — Admissibility — Partial refusal of access — Exception relating to the protection of the privacy and the integrity of the individual — Exception relating to the protection of the decision-making process — Duty to state reasons — Non-contractual liability
Case T‑413/11 Welte-Wenu v OHIM – Commission (EUROPEAN DRIVESHAFT SERVICES)
Community trade mark — Proceedings for a declaration of invalidity — Community figurative mark EUROPEAN DRIVESHAFT SERVICES — Absolute ground for refusal — Imitation of the emblem of an international inter-governmental organisation — Article 7(1)(h) of Regulation (EC) No 207/2009 — Article 6b of the Paris Convention — Content of the application for a declaration of invalidity — Admissibility of new elements — Article 56(2) and Article 76 of Regulation No 207/2009 — Rule 37(b)(iv) of Regulation (EC) No 2868/95 — Jurisdiction of the Board of Appeal in the case of an action limited to part of the decision of the Cancellation Division
Case T‑451/11 Gigabyte Technology v OHIM – Haskins (Gigabyte)
Community trade mark — Opposition proceedings — Application for Community word mark Gigabyte — Earlier Community word mark GIGABITER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑21/12 Alfacam and Others v Parliament
Action for annulment — Public service contracts — Procurement procedure — Supply of audiovisual services to the Parliament — Rejection of a tenderer’s bid — Articles 94 and 103 of Regulation (EC, Euratom) No 1605/2002 — Action manifestly devoid of any basis in law
Case T‑544/11 Spectrum Brands (UK) v OHIM – Philips (STEAM GLIDE)
Community trade mark — Invalidity proceedings — Community word mark STEAM GLIDE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑355/09 Reber v OHIM – Wedl & Hofmann (Walzer Traum)
Community trade mark — Opposition proceedings — Application for figurative Community mark Walzer Traum — Earlier national word mark Walzertraum — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Equal treatment
Cases T‑582/11 and T‑583/11 Solar-Fabrik v OHIM (Premium XL and Premium L)
Community trade mark — Applications for the Community word marks Premium XL and Premium L — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑507/12 R Slovenia v Commission
Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the recipient — Application for stay of execution — Lack of urgency
Case T‑137/12 FunFactory v OHIM (Vibrator)
Community trade mark — Application for a three-dimensional trade mark — Vibrator — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T‑218/00 Cooperativa Mare Azzurro and Others v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑262/00 La Vigile San Marco v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑263/00 La Navale v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑474/09 Fercal v OHIM – Jacson of Scandinavia (JACKSON SHOES)
Community trade mark — Invalidity proceedings — Community word mark JACKSON SHOES — Earlier national business name JACSON OF SCANDINAVIA AB — Relative ground for refusal — Relative ground for invalidity — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Case T‑189/11 Yordanov v OHIM – Distribuidora comercial del frio (DISCO DESIGNER)
Community trade mark — Opposition proceedings — Application for Community word mark DISCO DESIGNER — Earlier figurative Community mark DISCO — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑269/00 Sagar and Baglioni Hotels v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring the recovery of aid paid — Action manifestly lacking any foundation in law
Case T‑272/00 Barbini and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑273/00 Unindustria and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action manifestly lacking any foundation in law
Case T‑25/11 Germans Boada v OHIM (Manual tile-cutting machine)
Community trade mark — Application for a Community three-dimensional mark — Manual tile-cutting machine — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Obligation to state reasons — Articles 75 and 76 of Regulation No 207/2009 — Equal treatment
Case T‑283/11 Fon Wireless v OHIM – nfon (nfon)
Community trade mark — Opposition proceedings — Application for Community word mark nfon — Earlier Community trade mark fon and earlier national word mark FON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for alteration
Case T‑662/11 Müller v OHIM – Loncar (Sunless)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Sunless — Earlier Community word marks SUNLESS and LONCAR-SUNLESS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑540/10 Spain v Commission
Cohesion Fund — Reduction of the financial assistance initially granted from the Cohesion Fund to four project stages concerning the construction of certain sections of the high-speed line linking Madrid and the French border — Time limit for adopting a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional works or services — Concept of ‘unforeseen circumstances’ — Article 20(2)(f) of Directive 93/38/EEC
Case T‑66/11 Present-Service Ullrich v OHIM – Punt Nou (babilu)
Community trade mark — Opposition proceedings — Application for Community word mark babilu — Earlier Community word mark BABIDU — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑235/11 Spain v Commission
Cohesion Fund — Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain — Time limit for the adoption of a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional deliveries — Additional works or services — Concept of ‘unforeseen circumstance’ — Article 20(2)(e) and (f) of Directive 93/38/EEC
Case T‑54/12 K2 Sports Europe v OHIM – Karhu Sport Iberica (SPORT)
Community trade mark — Opposition proceedings — Application for the Community figurative mark SPORT — Earlier national and international word marks K2 SPORTS — Relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
February 2013
Case T‑494/10 Bank Saderat Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment
Language of the case: English
Case T‑84/07 EuroChem MCC v Council
Dumping — Imports of solutions of urea and ammonium nitrate originating in Russia — Request for an expiry review — Request for an interim review — Admissibility — Normal value — Export price — Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 1225/2009)
Language of the case: English
Case T‑492/10 Melli Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Entity wholly owned by an entity identified as being involved in nuclear proliferation — Plea of illegality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Language of the case: English
Case T‑378/11 Langguth Erben v OHIM (MEDINET)
Community trade mark — Application for the Community figurative mark MEDINET — Earlier national and international figurative marks MEDINET — Claim of seniority of the earlier national and international marks — Earlier marks in colour and Community trade mark applied for not designating any specific colour — Signs not identical — Article 34 of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 — Expediency of oral proceedings — Article 77 of Regulation (EC) No 207/2009
Language of the case: German
Information (on unpublished decisions)
Case T‑104/11 Ferrari v OHIM (PERLE')
Community trade mark — International registration designating the European Community — Figurative mark PERLE' — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
Case T‑272/11 Coin v OHIM – Dynamiki Zoi (Fitcoin)
Community trade mark — Opposition proceedings — Application for the Community word mark Fitcoin — Earlier national, Community and international figurative marks coin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑368/11 Polyelectrolyte Producers Group and Others v Commission
REACH — Transitional measures concerning the restrictions on the placing on the market and use of acrylamide for grouting applications — Annex XVII to Regulation (EC) No 1907/2006 — Proportionality — Obligation to state reasons
Case T‑368/11 R Polyelectrolyte Producers Group and Others v Commission
Application for interim measures — Dismissal of the main action — No need to adjudicate
Case T‑159/11 Marszałkowski v OHIM – Mar-Ko Fleischwaren (WALICHNOWY MARKO)
Community trade mark — Opposition proceedings — Application for Community figurative mark WALICHNOWY MARKO — Earlier Community word mark MAR-KO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑504/11 Hartmann v OHIM – Protecsom (DIGNITUDE)
Community trade mark — Opposition proceedings — Application for Community word mark DIGNITUDE — Earlier national and Community word marks Dignity — Relative ground for refusal — No likelihood of confusion — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑551/11 BSI v Council
Action for annulment — Dumping — Extension of anti-dumping duty imposed on the imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia — Independent importer — Article 263, fourth paragraph, TFEU — Lack of individual concern — Legislative measure containing implementing measure — Inadmissibility
Case T‑263/11 Bopp v OHIM (Representation of a green octagonal frame)
Community trade mark — Application for a Community figurative mark representing a green octagonal frame — Absolute ground for refusal — Distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Offer of evidence submitted for the first time in the reply — Article 48(1) of the Rules of Procedure of the General Court — Document sent to OHIM by fax — Applicable rules
Case T‑412/11 Maharishi Foundation v OHIM (TRANSCENDENTAL MEDITATION)
Community trade mark — Application for Community word mark TRANSCENDENTAL MEDITATION — Absolute grounds for refusal — Decision of the Board of Appeal remitting the case to the Examination Division — Article 65(4) of Regulation (EC) No 207/2009 — Admissibility — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Relevant public
Case T‑426/11 Maharishi Foundation v OHIM (MÉDITATION TRANSCENDANTALE)
Community trade mark — Application for Community word mark MÉDITATION TRANSCENDANTALE — Absolute grounds for refusal — Decision of the Board of Appeal remitting the case to the Examination Division — Article 65(4) of Regulation (EC) No 207/2009 — Admissibility — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Relevant public
Case T‑235/08 Acron and Dorogobuzh v Council
Dumping — Imports of ammonium nitrate originating in Russia — Request for a partial interim review — Normal value — Export price — Articles 1 and 2 of Regulation (EC) No 384/96 (now Articles 1 and 2 of Regulation (EC) No 1225/2009
Case T‑459/08 EuroChem MCC v Council
Dumping — Imports of ammonium nitrate originating in Russia — Request for a partial interim review — Expiry review — Normal value — Export price — Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 1225/2009)
Case T‑118/10 Acron v Council
Dumping — Imports of solutions of urea and ammonium nitrate originating in Russia — Request for a new exporter review — Normal value — Export price — Articles 1, 2 and 11(4) and (9) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(4) and (9) of Regulation (EC) No 1225/2009)
Case T‑50/12 AMC-Representações Têxteis v OHIM – MIP Metro (METRO KIDS COMPANY)
Community trade mark — Opposition proceedings — Application for Community figurative mark METRO KIDS COMPANY — Earlier international figurative mark METRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑33/12 Piotrowski v OHIM (MEDIGYM)
Community trade mark — International registration designating the European Community — Word mark MEDIGYM — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Right to a hearing — Second sentence of Article 75 of Regulation No 207/2009
Joined Cases T-15/12 and T-16/12 Provincie Groningen and Others v Commission
Action for annulment — State aid — Subsidy scheme for the acquisition of natural areas for environmental protection — Decision declaring the aid compatible with the internal market — No interest in bringing proceedings — Inadmissibility
Cases T‑278/00 to T‑280/00, T‑282/00 to T‑286/00 and T‑288/00 to T‑295/00 Albergo Quattro Fontane and Others v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid out — Action manifestly lacking any foundation in law
Case T‑241/09 Nikolaou v Court of Auditors
Non-contractual liability — Court of Auditors — Conduct of internal investigations — Personal data — Illegality — Causal link — Limitation period
Case T‑224/11 Caventa v OHIM – Anson's Herrenhaus (BERG)
Community trade mark — Opposition proceedings — Application for the Community word mark BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑225/11 Caventa v OHIM – Anson's Herrenhaus (BERG)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑631/11 Caventa v OHIM – Anson's Herrenhaus (B BERG)
Community trade mark — Opposition proceedings — Application for the Community figurative mark B BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑9/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Supply of external services relating to the provision of electronic publications — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Selection and award criteria — Obligation to state reasons — Manifest error of assessment
Case T‑444/10 Esge v OHIM – De'Longhi Benelux (KMIX)
Community trade mark — Opposition proceedings — Application for Community word mark KMIX — Earlier Community word mark BAMIX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑427/11 Laboratoire Bioderma v OHIM – Cabinet Continental (BIODERMA)
Community trade mark — Invalidity proceedings — Community word mark BIODERMA — No infringement of the rights of the defence — Article 75 of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009
Joined Cases T‑65/10, T‑113/10 and T‑138/10 Spain v Commission
ERDF — Reduction of financial assistance — Operational Programmes for ‘Andalusia’ and ‘Comunidad Valenciana’ Objective 1 (1994-1999) — Operational Programme for ‘Basque Country’ Objective 2 (1997-1999) — Extrapolation
Case T‑591/10 Castiglioni v Commission
Action for annulment — Action for damages — Public works contracts — Tender procedure — Construction, restructuring and maintenance of buildings and infrastructure at the Joint Research Centre’s Ispra site — Selection criteria — Rejection of the tender submitted by one tenderer and a decision to award the contract to another tenderer — New pleas in law — Action in part manifestly unfounded in law and in part manifestly inadmissible
Case T‑241/10 Poland v Commission
EAGGF, EAGF and EAFRD — ‘Guarantee’ Section — Expenditure excluded from financing — Direct payments — Identification system for agricultural parcels — Article 20 of Regulation (EC) No 1782/2003 — Lack of effectiveness and reliability — Intentional irregularities — Article 53 of Regulation (EC) No 796/2004
Case T‑367/10 Bloufin Touna Ellas Naftiki Etaireia and Others v Commission
Fisheries — Conservation of fish stocks — Recovery plan for bluefin tuna — Measures prohibiting fishing activities of purse seiners flying the flag of France or Greece — Actions for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Rate of exhaustion of quotas per State and per purse seiner — True catch capacity
Case T‑387/11 Nitrogénművek Vegyipari v Commission
State aid — Banking sector — Loans guaranteed by Hungary and granted by a development bank — Decision declaring the aid measures partly incompatible and ordering their recovery — Private investor test
March 2013
Case T‑93/10 Bilbaína de Alquitranes and Others v ECHA
REACH — Identification of pitch, coal tar, high temperature as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
Case T‑94/10 Rütgers Germany and Others v ECHA
REACH — Identification of anthracene oil as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
Case T‑95/10 Cindu Chemicals and Others v ECHA
REACH — Identification of anthracene oil, anthracene low as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
Case T‑96/10 Rütgers Germany and Others v ECHA
REACH — Identification of anthracene oil (anthracene paste) as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
Case T‑370/11 Poland v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Benchmarks to be applied to calculate the allocation of emission allowances — Equal treatment — Proportionality
Language of the case: Polish
Case T‑110/12 R Iranian Offshore Engineering & Construction v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds and economic resources — Application for interim measures — No urgency — Balancing of interests
Language of the case: Spanish
Case T‑462/12 R Pilkington Group v Commission
Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of request for confidential treatment of information allegedly covered by business secrecy — Application for interim measures — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
Case T‑4/13 R Communicaid Group v Commission
Application for interim measures — Public services contracts — Tendering procedure — Language training services — Rejection of tender submitted by a tenderer — Application for suspension of operation and interim measures — Loss of opportunity — No serious and irreparable damage — No urgency
Language of the case: English
Joined Cases T‑229/11 and T‑276/11 Inglewood and Others v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Additional pension scheme — Decisions rejecting applications seeking to benefit from the provisions in force before the amendment to the additional pension scheme in 2009 — Plea of illegality — Acquired rights — Legitimate expectations — Proportionality — Equal treatment
Language of the case: French
Case T‑587/08 Fresh Del Monte Produce v Commission
Competition — Agreements, decisions and concerted practices — Market in bananas — Decision finding an infringement of Article 81 EC — Information exchange system — Concept of a concerted practice having an anti-competitive object — Causal link between the collusion and the conduct of the undertakings on the market — Single infringement — Imputation of the infringement — Rights of the defence — Fines — Gravity of the infringement — Cooperation — Mitigating circumstances
Language of the case: English
Case T‑588/08 Dole Food and Dole Germany v Commission
Competition — Agreements, decisions and concerted practices — Market in bananas — Decision finding an infringement of Article 81 EC — Concept of a concerted practice having an anti-competitive object — Information exchange system — Duty to state reasons — Rights of the defence — Guidelines on the method of setting fines — Gravity of the infringement
Language of the case: English
Case T‑301/10 In 't Veld v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) — Negotiating documents — Refusal to grant access — Exception relating to the protection of the public interest with regard to international relations — Manifest error of assessment — Proportionality — Duty to state reasons
Language of the case: English
Case T‑324/10 Firma Van Parys v Commission
Customs union — Imports of bananas from Ecuador — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Error by the customs authorities — Obvious negligence on the part of the interested party
Language of the case: Dutch
Case T‑415/10 Nexans France v Joint Undertaking Fusion for Energy
Public supply contracts — Euratom — Procedure for call for tenders by the Joint Undertaking Fusion for Energy — Supply of electrical equipment — Rejection of a tenderer’s offer — Open procedure — Offer containing reservations — Legal certainty — Legitimate expectations — Proportionality — Conflict of interests — Award decision — Action for annulment — No direct effect — Inadmissibility — Non-contractual liability
Language of the case: French
Case T‑571/11 El Corte Inglés v OHIM – Chez Gerard (CLUB GOURMET)
Community trade mark — Opposition proceedings — Application for Community word mark CLUB GOURMET — Earlier national figurative mark CLUB DEL GOURMET, EN ... El Corte Inglés — Relative ground for refusal — No similarity between the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Arguments and evidence adduced for the first time before the General Court
Language of the case: Spanish
Information (on unpublished decisions)
Case T‑198/09 UOP v Commission
Action for annulment — State aid — No individual concern — Inadmissibility
Case T‑539/10 Acino v Commission
Medicinal products for human use — Suspension of the placing on the market and withdrawal of medicinal products containing the active ingredient Clopidogrel — Variation of the authorisation to place on the market — Prohibition from placing medicinal products on the market — Regulation (EC) No 726/2004 and Directive 2001/83/EC — Proportionality — Obligation to state reasons
Case T‑186/11 Schönberger v Parliament
Action for annulment — Right to petition — Petition addressed to the European Parliament — Petition declared admissible — Decision concluding the petition procedure — Measure not subject to review — Inadmissibility
Case T‑247/11 FairWild Foundation v OHIM – Wild (FAIRWILD)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark FAIRWILD — Earlier Community word mark WILD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑64/12 Henkel and Henkel France v Commission
Action for annulment — Request seeking to obtain the transmission to the French competition authority of certain documents contained in the Commission’s file relating to competition proceedings concerning the European market for consumer detergents — Use in the context of national proceedings concerning the French detergents sector — Lack of interest in bringing proceedings — Inadmissibility
Case T‑498/10 Mayer Naman v OHIM – Daniel e Mayer (David Mayer)
Community trade mark — Invalidity proceedings — Community figurative mark David Mayer — Earlier national word mark DANIEL & MAYER MADE IN ITALY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Request for proof of genuine use made for the first time before the Board of Appeal — Out of time — Article 57(2) and (3) of Regulation No 207/2009
Case T‑552/12 R North Drilling v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up of interests
Case T‑27/13 R Elan v Commission
Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the beneficiary — Application for stay of execution — Lack of urgency
Case T‑89/13 R Calestep v ECHA
Application for interim measures — Fees and charges payable to ECHA — Reduced fees granted to small enterprises — Verification by ECHA of the declaration relating to the size of the enterprise — Decision ordering the recovery of the uncollected amount of the total fees payable — Application for suspension of operation of the decision — Disregard of the procedural requirements — Inadmissibility
Case T‑553/10 Biodes v OHIM – Manasul Internacional (FARMASUL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FARMASUL — Earlier Spanish figurative mark MANASUL — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑624/11 Yueqing Onesto Electric v OHIM – Ensto (ONESTO)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ONESTO — Earlier Community figurative mark ENSTO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑495/10 Bank Saderat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Entity wholly owned by an entity identified as being involved in nuclear proliferation — Plea of illegality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Case T‑92/11 Andersen v Commission
State aid — Aid granted by the Danish authorities to the public undertaking DSB — Public service contracts for the supply of passenger rail transport services between Copenhagen and Ystad — Decision declaring the aid compatible with the internal market subject to conditions — Temporal application of rules of substantive law
Case T‑489/11 Rousse Industry v Commission
State aid — Aid granted by Bulgaria in the form of a debt waiver — Decision declaring that aid incompatible with the internal market and ordering its recovery — New aid — Distortion of competition — Obligation to state reasons
Case T‑277/12 Bimbo v OHIM – Café do Brasil (Caffè KIMBO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Caffè KIMBO — Earlier national word mark BIMBO — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1) of Regulation (EC) No 207/2009
Case T‑353/11 Event v OHIM – CBT Comunicación Multimedia (eventer EVENT MANAGEMENT SYSTEMS)
Community trade mark — Opposition proceedings — Application for Community figurative mark eventer EVENT MANAGEMENT SYSTEMS — Earlier national word mark Event — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑409/10 Bottega Veneta International v OHIM (Shape of a handbag)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a handbag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95
Case T‑410/10 Bottega Veneta International v OHIM (Shape of a bag)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95
Case T‑571/10 Fabryka Łożysk Tocznych-Kraśnik v OHIM – Impexmetal (FŁT-1)
Community trade mark — Opposition proceedings — Application for Community figurative mark FŁT‑1 — Earlier Community figurative mark FŁT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
April 2013
Case T‑671/11 IPK International v Commission
Financial assistance for an ecological tourism project — Repayment of the amounts recovered — Decision taken following the annulment by the General Court of the earlier decision cancelling the assistance — Compensatory interest — Default interest — Calculation
Language of the case: German
Case T‑401/08 Säveltäjäin Tekijänoikeustoimisto Teosto v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Language of the case: Finnish
Case T‑442/08 CISAC v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Language of the case: English
Case T‑383/10 Continental Bulldog Club Deutschland v OHIM (CONTINENTAL)
Community trade mark — Application for Community word mark CONTINENTAL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: German
Joined Cases T‑99/09 and T‑308/09 Italy v Commission
ERDF — Campania Regional Operational Programme (ROP) 2000-2006 — Regulation (EC) No 1260/1999 — Article 32(3)(f) — Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal — Infringement procedure against Italy
Language of the case: Italian
Case T‑526/10 Inuit Tapiriit Kanatami and Others v Commission
Trade in seal products — Regulation (EC) No 1007/2009 — Detailed rules for implementation — Regulation (EU) No 737/2010 — Prohibition on placing such products on the market — Exception in favour of Inuit communities — Plea of illegality — Legal basis — Subsidiarity — Proportionality — Misuse of powers
Language of the case: English
Case T‑304/11 Alumina v Council
Dumping — Imports of zeolite A powder originating in Bosnia and Herzegovina — Normal value — Representativeness of domestic sales — Profit margin — Ordinary course of trade
Language of the case: French
Information (on unpublished decisions)
Case T‑336/11 Italiana Calzature v OHIM – Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)
Community trade mark — Opposition proceedings — Application for Community figurative mark Giuseppe GIUSEPPE ZANOTTI DESIGN — Prior national figurative and Community word marks ZANOTTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑337/11 Italiana Calzature v OHIM – Vicini (Giuseppe BY GIUSEPPE ZANOTTI)
Community trade mark — Opposition proceedings — Application for Community figurative mark Giuseppe BY GIUSEPPE ZANOTTI — Prior Community word mark ZANOTTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑505/10 Höganäs v OHIM – Haynes (ASTALOY)
Community trade mark — Opposition proceedings — Application for Community word mark ASTALOY — Earlier Community word mark HASTELLOY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Coexistence of trade marks
Case T‑87/11 GRP Security v Court of Auditors
Arbitration clause — Public service contracts — Surveillance and security services for the buildings of the Court of Auditors — Action for annulment — Decision unilaterally to terminate the contract with application for payment of damages and interest — Measure of a contractual nature — Action not reclassified — Inadmissibility — Decision to impose a penalty of exclusion for three months — Interest in bringing proceedings — Rights of defence — Serious breach of obligations — Principle that penalties must have a proper legal basis — Misuse of powers — Proportionality
Case T‑360/11 Fercal v OHIM – Parfums Rochas (PATRIZIA ROCHA)
Community trade mark — Opposition proceedings — Application for the Community word mark PATRIZIA ROCHA — Earlier national word mark ROCHAS — Refusal to register by the Opposition Division — Inadmissibility of the action brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009
Case T‑294/10 CBp Carbon Industries v OHIM (CARBON GREEN)
Community trade mark — International registration designating the European Community — Community word mark CARBON GREEN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑31/07 Du Pont de Nemours (France) and Others v Commission
Plant protection products — Active substance flusilazole — Inclusion of flusilazole in Annex I to Directive 91/414/EEC — Actions for annulment — Partial annulment — Non-severability — Inadmissibility — Non-contractual liability — Limiting the inclusion for a period of 18 months and for four crops — Precautionary principle — Principle of proportionality — Right to be heard — Equal treatment — Statement of reasons — Misuse of powers — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T‑392/08 AEPI v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national societies — Concerted practices precluding the possibility of granting multi‑territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑398/08 Stowarzyszenie Autorów ZAiKS v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑410/08 GEMA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑411/08 Artisjus v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑413/08 SOZA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑414/08 Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑415/08 Irish Music Rights Organisation v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑416/08 Eesti Autorite Ühing v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑417/08 Sociedade Portuguesa de Autores v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑418/08 OSA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑419/08 LATGA-A v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑420/08 SAZAS v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑421/08 Performing Right Society v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑422/08 SACEM v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑425/08 Koda v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑428/08 STEF v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑432/08 AKM v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to the public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practice excluding the possibility of granting multi-territorial, multi-repertoire licences — Evidence — Presumption of innocence
Case T‑433/08 SIAE v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑434/08 Tono v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑451/08 Stim v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Article 151(4) EC — Cultural diversity
Case T‑404/11 TCMFG v Council
Common Foreign and Security Policy — Restrictive measures against Iran intended to prevent nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑506/11 Peek & Cloppenburg v OHIM – Peek & Cloppenburg (Peek & Cloppenburg)
Community trade mark — Opposition proceedings — Application for Community word mark Peek & Cloppenburg — Earlier national commercial name Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EC) No 207/2009
Case T‑507/11 Peek & Cloppenburg v OHIM – Peek & Cloppenburg (Peek & Cloppenburg)
Community trade mark — Opposition proceedings — Application for Community word mark Peek & Cloppenburg — Earlier national commercial name Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EC) No 207/2009
Case T‑347/10 Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bottle with an embossed pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of declaration as to the scope of the protection — Article 37(2) of Regulation No 207/2009 — Infringements of the rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T‑51/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
Case T‑52/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
Case T‑53/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
Case T‑454/11 Luna v OHIM – Asteris (Al bustan)
Community trade mark — Invalidity proceedings — Community figurative mark Al bustan — Earlier national figurative mark ALBUSTAN — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009
Case T‑537/11 Hultafors Group v OHIM – Società Italiana Calzature (Snickers)
Community trade mark — Opposition proceedings — Application for Community figurative mark Snickers — Earlier national word mark KICKERS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑109/11 Apollo Tyres v OHIM – Endurance Technologies (ENDURACE)
Community trade mark — Opposition proceedings — Application for the Community word mark ENDURACE — Earlier Community figurative mark ENDURANCE — Relative grounds for refusal — Similarity of the goods and services — Similarity of the signs — Partial refusal of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T‑32/08 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Market analysis in view of developing a new approach for a website — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment — Selection criteria and award criteria — Non-contractual liability
Case T‑80/10 Bell & Ross v OHIM – KIN (Wristwatch case)
Community design — Invalidity proceedings — Registered Community design or model representing a wristwatch case — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Related to a counterclaim for a declaration of invalidity — Community design court — Article 91 of Regulation No 6/2002
Case T‑119/11 Gbagbo v Council
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Alteration of heads of claim — Obligation to state reasons — Manifest error of assessment — Misuse of power — Rights of the defence — Right to property
Case T‑130/11 Gossio v Council
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑284/11 Metropolis Inmobiliarias y Restauraciones v OHIM – MIP Metro (METROINVEST)
Community trade mark — Opposition proceedings — Application for Community word mark METROINVEST — Earlier national figurative mark METRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Principle of non-discrimination — Right to a fair hearing
Case T‑55/12 Chen v OHIM – AM Denmark (Cleaning device)
Community design — Invalidity proceedings — Registered Community design representing a cleaning device — Community three-dimensional mark representing a cleaning device fitted with a spraying device and a sponge — Declaration of invalidity
Case T‑145/12 Bayerische Motoren Werke v OHIM (ECO PRO)
Community trade mark — International registration designating the European Community — Word mark ECO PRO — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑44/13 R AbbVie and AbbVie v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA containing information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Case T‑73/13 R InterMune UK and Others v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA containing information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Case T‑355/12 Marcuccio v Court of Justice
Non-contractual liability — Refusal of the Court registry to accept letters from the applicant to the First Advocate General of the Court — Application to open proceedings to re-examine certain decisions terminating proceedings by the General Court in cases under appeal — Action manifestly devoid of legal foundation — Article 111 of the Rules of Procedure of the General Court
Case T‑640/11 Boehringer Ingelheim International v OHIM (RELY-ABLE)
Community trade mark — International registration designating the European Community — Word mark RELY-ABLE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ground included for sake of completeness
Case T‑61/12 ABC-One v OHIM (SLIM BELLY)
Community trade mark — Application for Community word mark SLIM BELLY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
May 2013
Case T‑579/10 macros consult v OHIM – MIP Metro (makro)
Community trade mark — Invalidity proceedings — Community figurative mark makro — Company name macros consult GmbH — Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for — Non-registered signs protected under German law — Article 5 of the Markengesetz — Article 8(4), Article 53(1)(c) and Article 65 of Regulation (EC) No 207/2009
Language of the case: German
Case T‑249/11 Sanco v OHIM – Marsalman (Representation of a chicken)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing a chicken — Earlier national figurative mark representing a chicken — Relative ground for refusal — Similarity between goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
Case T‑244/12 Unister v OHIM (fluege.de)
Community trade mark — Application for the Community word mark fluege.de — Absolute grounds for refusal — Descriptive character — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009
Language of the case: German
Case T‑198/12 R Germany v Commission
Interim relief — Limit values for antimony, arsenic, barium, lead and mercury in toys — Commission’s refusal to approve in full the national provisions notified by the German authorities and maintaining limit values for those substances — Application for interim measures — Admissibility — Urgency — Prima facie case — Weighing up of the interests
Language of the case: German
Case T‑146/09 Parker ITR and Parker-Hannifin v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Legitimate expectations — Ceiling of 10% — Mitigating circumstances — Cooperation
Language of the case: English
Joined Cases T‑147/09 and T‑148/09 Trelleborg Industrie and Trelleborg v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Legal certainty — Equal treatment — Fines — Gravity and duration of the infringement
Language of the case: English
Case T‑154/09 MRI v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and exchange of commercially sensitive information — Concept of a continuous or repeated infringement — Limitation period — Obligation to state reasons — Equal treatment — Legitimate expectation — Fines — Gravity and duration of the infringement — Mitigating circumstances — Cooperation
Language of the case: Italian
Case T‑278/07 P-DEP Marcuccio v Commission
Procedure — Taxation of costs — Lawyers’ fees — Representation of an institution by a lawyer — Recoverable costs
Language of the case: Italian
Case T‑187/11 Trabelsi and Others v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Article 17(1) of the Charter of Fundamental Rights of the European Union — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Language of the case: French
Case T‑384/10 Spain v Commission
Cohesion Fund — Regulation (EC) No 1164/94 — Projects involving water supply to settlements in the Guadiana basin in the Andévalo area, drainage and water treatment in the Guadalquivir basin and water supply to multi-municipal systems in the provinces of Granada and Malaga — Partial cancellation of financial assistance — Public works contracts and public service contracts — Definition of work — Splitting of contracts — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality
Language of the case: Spanish
Joined Cases T‑454/10 and T‑482/11 Anicav and Others v Commission
Agriculture — Common organisation of the markets — Aid in the fruit and vegetable sector — Actions for annulment — Whether directly concerned — Admissibility — Processed fruit and vegetables — Operational funds and operational programmes — Funding of ‘[non-]genuine processing activities’
Language of the case: English
Case T‑396/11 ultra air v OHIM – Donaldson Filtration Deutschland (ultrafilter international)
Community trade mark — Invalidity proceedings — Community word mark ultrafilter international — Absolute ground for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Abuse of rights
Language of the case: German
Information (on unpublished decisions)
Case T‑288/11 Kieffer Omnitec v Commission
Public service contracts — Procurement procedure — Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg — Rejection of a tenderer’s bid — Equal treatment — Transparency — Proportionality — Manifest error of assessment — Duty to state reasons
Case T‑577/11 Ethniko kai Kapodistriako Panepistimio Athinon v ECDC
Action for annulment — Public service contracts — Tendering procedure — Provision to the ECDC of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens — Rejection of a tenderer’s bid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑165/13 R Talanton v Commission
Interim relief — Arbitration clause — Contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Repayment of sums paid — Application for stay of execution — No urgency
Case T‑273/11 Régie Networks and NRJ Global v Commission
Action for annulment — State aid — State aid scheme implemented by France in favour of radio broadcasting — Decision not to raise objections — Lack of interest in bringing proceedings — Manifest inadmissibility
Cases T‑321/11 and T‑322/11 Morelli v OHIM – Associazone nazionale circolo del popolo della libertà and Brambilla (PARTITO DELLA LIBERTA' and Partito della Libertà)
Community trade mark — Opposition proceedings — Application for a Community word mark PARTITO DELLA LIBERTA’ and the Community figurative mark Partito della Libertà — Name of the earlier national domain name ‘partitodellaliberta.it’ — Article 8(4) of Regulation (EC) No 207/2009 — Failure to demonstrate the use of the earlier domain name ‘partitodellaliberta.it’ in the course of trade
Case T‑393/11 Masottina v OHIM – Bodegas Cooperativas de Alicante (CA' MARINA)
Community trade mark — Opposition proceedings — Application for Community word mark CA’ MARINA — Earlier Community word mark MARINA ALTA — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑19/12 Fabryka Łożysk Tocznych-Kraśnik v OHIM – Impexmetal (IKFŁT KRAŚNIK)
Community trade mark — Opposition proceedings — Application for Community figurative mark IKFŁT KRAŚNIK — Earlier Community figurative mark FŁT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑413/12 Post Invest Europe v Commission
Action for annulment — State aid — Aid granted by the Belgian authorities to De Post-La Poste (now bpost) — Compensation for public service costs — Decision declaring the aid in part incompatible with the internal market and ordering its recovery — Lack of interest in bringing proceedings — Inadmissibility — Offers of further evidence
Case T‑437/10 Gap SA granen & producten v Commission
Non-contractual liability — Import of high-quality durum wheat — Import duties — Regulation (EC) No 919/2009 — Regulation (EC) No 1249/96 — Sufficiently serious breach of a rule of law conferring rights on individuals — Material loss — Causal link
Case T‑508/10 Seba Diş Tįcaret ve Naklįyat v OHIM – von Eicken (ESTABLISHED 1932 SEBA TRADITION)
Community trade mark — Invalidity proceedings — Community figurative mark SEBA TRADITION — Earlier national figurative mark JOHANN WILHELM VON EICKEN TRADITION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑530/10 Reber v OHIM – Klusmeier (Wolfgang Amadeus Mozart PREMIUM)
Community trade mark — Opposition proceedings — Application for Community word mark Wolfgang Amadeus Mozart PREMIUM — Earlier national figurative marks W. Amadeus Mozart — No genuine use of the earlier mark — Article 15(1), first subparagraph and second subparagraph (a), and Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑80/11 Nath Kalsi and Nath Kalsi v OHIM – American Clothing Associates (RIDGE WOOD)
Community trade mark — Opposition proceedings — Application for Community figurative mark RIDGE WOOD — Earlier Community figurative mark River Woods North-Eastern Suppliers — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑356/11 Restoin v OHIM (EQUIPMENT)
Community trade mark — Application for Community word mark EQUIPMENT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑392/11 Iran Transfo v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑559/11 BytyOKD v Commission
Action for annulment — State aid — Sale by the Czech Republic of its minority shareholding in the company OKD as part of a privatisation — Decision finding no State aid — Professional association — No individual concern — Concept of party concerned — Inadmissibility
Case T‑104/12 Verus v OHIM – Performance Industries Manufacturing (VORTEX)
Community trade mark — Opposition procedure — Application for Community word mark VORTEX — Earlier Community word mark VORTEX — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right of priority — Article 29 of Regulation No 207/2009 — Partial surrender — Article 50 of Regulation No 207/2009 — Infringement of the right to be heard — Article 75, second sentence, of Regulation No 207/2009
Case T‑353/12 Aleris v OHIM – Carefusion 303 (ALARIS)
Community trade mark — Revocation proceedings — Community word mark ALARIS — Genuine use of the mark — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009
Case T‑294/11 Greece v Commission
EAGGF — ‘Guarantee section’ — EAGF and EAFRD — Expenditure excluded from financing — Olive oil — Arable crops — Manifest error of assessment — Increase in the correction due to recurrence of the infringement — Effect of the reform of the CAP on the correction — Proportionality — Nature of the expenditure intended for the establishment of the Olive GIS
Case T‑335/11 Bulgaria v Commission
EAGF and EAFRD — Expenditure excluded from financing — Single area payment — ‘Disadvantaged areas’ — Complementary national direct payments — Operation of the geographic information system and of the identification system for agricultural parcels — Article 31 of Regulation (EC) No 1290/2005 — Proportionality — Legal certainty — obligation to state reasons
Case T‑502/11 Sanofi Pasteur MSD v OHIM – Mundipharma (Representation of two crossing sickles)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing two crossing sickles — Earlier national and international figurative marks representing two interlaced ribbons — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑231/12 Rocket Dog Brands v OHIM – Julius-K9 (JULIUS K9)
Community trade mark — Opposition proceedings — Application for Community word mark JULIUS K9 — Earlier Community figurative marks K9 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑405/12 FH v Commission
Action for annulment and damages — Decision of the Commission to withdraw from the applicant the documents giving him access to Commission buildings — Action for annulment — Lack of interest in bringing proceedings — Inadmissibility — Action for damages — Causal link — Harm — Action manifestly unfounded in law
Case T‑178/11 Voss of Norway v OHIM – Nordic Spirit (Cylindrical shape of a bottle)
Community trade mark — Cancellation proceedings — Three-dimensional Community trade mark depicting the cylindrical shape of a bottle — Absolute grounds for refusal
Case T‑188/11 Chiboub v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis
Case T‑200/11 Al Matri v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis
Case T‑280/09 Morte Navarro v Parliament
Petition addressed to the European Parliament — Decision to take no further action on the petition — Action for annulment — Act adversely affecting an official — Admissibility — Obligation to state reasons — Petition not falling within an area of activity of the European Union
Case T‑214/10 Moselland v OHIM – Renta Siete (DIVINUS)
Community trade mark — Opposition proceedings — Application for Community word mark DIVINUS — Earlier national figurative mark MOSELLAND Divinum — Existence, validity and extent of the protection of the earlier right — Proof
Case T‑218/10 DHL International v OHIM – Service Point Solutions (SERVICEPOINT)
Community trade mark — Opposition proceedings — Application for Community figurative mark SERVICEPOINT — Earlier Community marks ServicePoint and earlier national marks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009
Case T‑74/11 Omnis Group v Commission
Competition — Abuse of dominant position — Market for the provision of Enterprise Resource Planning software (ERP) and Enterprise Application Software (EAS) — Decision rejecting a complaint — No European Union interest
Case T‑115/12 Buzil-Werk Wagner v OHIM – Roca Sanitario (Roca)
Community trade mark — Opposition proceedings — Application for Community word mark Roca — Earlier national figurative mark ROCA and earlier international figurative mark Roca — Relative ground for refusal — Similarity of the goods — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑172/12 Brauerei Beck v OHIM – Aldi (Be Light)
Community trade mark — Opposition proceedings — Application for Community figurative mark Be Light — Earlier Community mark BECK’s — Relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
June 2013
Case T‑514/11 i-content v OHIM – Decathlon (BETWIN)
Community trade mark — Opposition proceedings — Application for Community word mark BETWIN — Earlier Community figurative mark b’Twin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑213/12 Elitaliana v Eulex Kosovo and Starlite Aviation Operations
Action for annulment — Public service contracts — Tender procedure — Helicopter support to the Eulex Kosovo Mission — Rejection of a tenderer’s bid — No legal capacity to be a defendant — Inadmissibility
Language of the case: Italian
Case T‑65/11 Recombined Dairy System v Commission
Customs union — Import of lactoglobulin concentrates from New Zealand — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92
Language of the case: Danish
Case T‑68/11 Kastenholz v OHIM – Qwatchme (Watch dials)
Community design — Invalidity proceedings — Community design representing watch dials — Earlier unregistered designs — Ground for invalidity — Novelty — Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 — Individual character — Different overall impression — Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 — Earlier copyright — Article 25(1)(f) of Regulation No 6/2002
Language of the case: German
Case T‑279/11 T & L Sugars and Sidul Açúcares v Commission
Agriculture — Exceptional measures concerning the release of out-of-quota sugar on the Union market and opening a tariff quota — Action for annulment — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility — Action for damages
Language of the case: English
Case T‑267/07 Italy v Commission
EAGGF — Guarantee Section — Clearance of accounts — Expenditure excluded from financing — Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Article 32(5) of Regulation (EC) No 1290/2005 — Obligation to state reasons — Reasonable time
Language of the case: Italian
Case T‑2/11 Portugal v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred in connection with the POSEI measure (financial years 2005, 2006 and 2007)
Language of the case: Portuguese
Case T‑93/11 Stichting Corporate Europe Observatory v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement — Refusal of access — Exception relating to the protection of the public interest in the field of international relations — Documents which have entered the public domain — Non-imposition of a restriction on disclosure of documents
Language of the case: English
Case T‑404/08 Fluorsid and Minmet v Commission
Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Action for annulment — Period allowed for commencing proceedings — Out of time — Inadmissibility — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Definition of the relevant market — Fines — Gravity of the infringement — 2006 Guidelines on fines
Language of the case: Italian
Case T‑406/08 ICF v Commission
Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing and market-sharing — Evidence of the infringement — Rights of the defence — Consistency between the statement of objections and the contested decision — Fines — 2006 Guidelines on fines — Euro-Mediterranean Agreement
Language of the case: French
Case T‑509/09 Portugal v Commission
Fisheries — Financial contribution for the implementation of control and surveillance systems — Decision not to reimburse the expenditure incurred for the acquisition of two ocean patrol vessels — Article 296 EC — Directive 93/36/EEC — Legitimate expectations — Obligation to state reasons
Language of the case: Portuguese
Information (on unpublished decisions)
Joined Cases T‑431/10 and T‑560/10 Nencini v Parliament
Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament — Travel and parliamentary assistance expenses — Recovery of undue payments — Limitation period — Reasonable period — Rights of the defence — Principle of audi alteram partem — Proportionality
Case T‑201/13 R Rubinum v Commission
Interim relief — Authorisation of feed additives — Regulation on the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi — Application for suspension of operation of a measure — Urgency — Weighing up of interests
Case T‑515/11 Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)
Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑580/11 McNeil v OHIM – Alkalon (NICORONO)
Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑668/11 VIP Car Solutions v Parliament
Non-contractual liability — Public service contracts — Community procurement procedure — Transport of Members of the European Parliament in chauffeur-driven cars and minibuses during sessions at Strasbourg — Rejection of the bid of a tenderer — Annulment by the General Court of the rejection decision — Loss allegedly suffered following the decision rejecting the applicant’s bid — Action for damages
Case T‑126/12 Interroll v OHIM (Inspired by efficiency)
Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑411/12 Celtipharm v OHIM – Alliance Healthcare France (PHARMASTREET)
Community trade mark — Opposition proceedings — Application for Community word mark PHARMASTREET — Earlier national word mark PHARMASEE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑405/08 Spar Österreichische Warenhandels v Commission
Competition — Concentrations — Markets for everyday consumer goods — Decision declaring the concentration compatible with the internal market — Commitments — Manifest error of assessment — Right to be heard — Duty to state reasons
Case T‑598/11 MPDV Mikrolab v OHIM (Lean Performance Index)
Community trade mark — Application for Community word mark Lean Performance Index — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Cases T‑128/12 and T‑182/12 HTTS v Council
Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment
Case T‑636/11 Hostel drap v OHIM – Aznar textil (MY drap)
Community trade mark — Opposition proceedings — Application for Community figurative mark MY drap — Earlier Community figurative mark BON DRAP — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑219/11 Otero González v OHIM – Apli-Agipa (AGIPA)
Community trade mark — Opposition proceedings — Application for the Community word mark AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑522/11 Otero González v OHIM – Apli-Agipa (APLI-AGIPA)
Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑338/12 Rocket Dog Brands v OHIM – Julius-K9 (K9 PRODUCTS)
Community trade mark — Invalidity proceedings — Community figurative mark K9 PRODUCTS — Earlier Community figurative mark K9 — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑505/11 Aldi v OHIM – Dialcos (dialdi)
Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑248/11 International Engine Intellectual Property Company v OHIM (PURE POWER)
Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑608/11 Beifa Group v OHIM – Schwan-Stabilo Schwanhäußer (Instruments for writing)
Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trademarks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision
Case T‑89/12 Repsol YPF v OHIM – Ajuntament de Roses (R)
Community trade mark — Opposition proceedings — Application for Community figurative mark R — Earlier national figurative mark R — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑367/12 MOL v OHIM – Banco Bilbao Vizcaya Argentaria (MOL Blue Card)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark MOL Blue Card — Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
July 2013
Case T‑236/12 Airbus v OHIM (NEO)
Community trade mark — Application for the Community word mark NEO — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Examination as to the merits conditional on the admissibility of the action — Articles 59 and 64(1) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76 of Regulation No 207/2009
Language of the case: English
Case T‑301/12 Laboratoires CTRS v Commission
Medicinal products for human use — Application for authorisation to market the medicinal product Orphacol — Commission decision refusing to grant authorisation — Regulation (EC) No 726/2004 — Directive 2001/83/EC — Well-established medicinal use — Exceptional circumstances
Language of the case: English
Case T‑234/11 P-RENV-RX Arango Jaramillo and Others v EIB
Appeal — Civil service — Staff of the EIB — Review of the judgment of the General Court — Action at first instance dismissed as inadmissible — Pensions — Increase in the contribution to the pension scheme — Time-limit for bringing proceedings — Reasonable period
Language of the case: French
Case T‑3/12 Kreyenberg v OHIM – Commission (MEMBER OF €e euro experts)
Community trade mark — Invalidity procedure — Community figurative trade mark MEMBER OF €e euro experts — Absolute ground of refusal — Emblems of the Union and its areas of activity — Euro symbol — Article 7(1)(i) of Regulation (EC) No 207/2009
Language of the case: German
Case T‑469/07 Philips Lighting Poland and Philips Lighting v Council
Dumping — Imports of integrated electronic compact fluorescent lamps (CFL‑i) originating in China, Vietnam, Pakistan and the Philippines — Expiry of anti-dumping measures — Review — Articles 4(1), 5(4) and 9(1) of Regulation (EC) No 384/96 (now Articles 4(1), 5(4), and 9(1) of Regulation (EC) No 1225/2009) — Concept of Community industry — Determination of injury — Duty to state reasons
Language of the case: English
Case T‑358/08 Spain v Commission
Cohesion fund — Regulation (EC) No 1174/94 — Zaragoza waste-water treatment project — Partial withdrawal of financial assistance — Public procurement — Concept of work — Article 14(10) and (13) of Directive 93/38 — Splitting of contracts — Legitimate expectation — Obligation to state reasons — Time limit for adoption of a decision — Fixing financial corrections — Article H, paragraph 2, of Annex II to Regulation No 1164/94 — Proportionality — Limitation period
Language of the case: Spanish
Case T‑321/10 SA.PAR. v OHIM – Salini Costruttori (GRUPPO SALINI)
Community trade mark — Invalidity proceedings — Community word mark GRUPPO SALINI — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: Italian
Information (on unpublished decisions)
Case T‑209/11 MB System v Commission
State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment
Case T‑78/12 GRE v OHIM – Villiger Söhne (LIBERTE brunes)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE brunes — Earlier Community word and figurative marks La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑106/12 Cytochroma Development v OHIM – Teva Pharmaceutical Industries (ALPHAREN)
Community trade mark — Opposition proceedings — Application for the Community word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal — Article 65(6) of Regulation (EC) No 207/2009 — Composition of the Boards of Appeal — Article 1(d) of Regulation (EC) No 216/96
Case T‑205/12 GRE v OHIM – Villiger Söhne (LIBERTE american blend against a blue background)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community figurative mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑206/12 GRE v OHIM – Villiger Söhne (LIBERTE american blend against a red background)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community word mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑243/12 Warsteiner Brauerei Haus Cramer v OHIM – Stuffer (ALOHA 100% NATURAL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark ALOHA 100% NATURAL — Earlier national word mark ALOA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑313/13 R Codacons v Commission
Application for interim measures — Main action clearly inadmissible — No need to adjudicate
Case T‑589/10 Just Music Fernsehbetriebs v OHIM – France Télécom (Jukebox)
Community trade mark — Opposition proceedings — Revocation of the earlier Community mark — No need to adjudicate
Case T‑309/12 R Zweckverband Tierkörperbeseitigung v Commission
Interim measures — Payment of contributions to an association governed by public law — State aid — Obligation to recover — Application to suspend enforcement — Urgency
Case T‑552/11 Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Action for annulment — Contract concerning financial assistance of the European Union for a project in the field of medical collaboration — Debit note — Contractual nature of the dispute — Measure not reviewable — Inadmissibility — Counterclaim for payment
Joined Cases T‑108/07 and T‑354/08 Spira v Commission
Competition — Agreements and abuse of a dominant position — Rough diamond market — ‘Supplier of Choice’ (SOC) system of distribution — Decision rejecting a complaint — No Community interest — Procedural rights of a complainant — Access to documents — Obligations in relation to the investigation of a complaint — Market foreclosure effects — Manifest error of assessment
Case T‑459/07 Hangzhou Duralamp Electronics v Council
Dumping — Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines — Expiry of anti-dumping measures — Review — Like product — Data used to determine the injury — Similar country — Community interest — Article 4(1) and Article 5(4) of Regulation (EC) No 384/96 (now Article 4(1) and Article 5(4) of Regulation (EC) No 1225/2009) — Obligation to state reasons — Rights of the defence
Case T‑142/12 Aventis Pharmaceuticals v OHIM – Fasel (CULTRA)
Community trade mark — Opposition proceedings — Application for Community figurative trade mark CULTRA — Earlier national word marks SCULPTRA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑197/12 Metropolis Inmobiliarias y Restauraciones v OHIM – MIP Metro (METRO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark METRO — Earlier Community figurative mark GRUPOMETROPOLIS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to a fair hearing — Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms — Articles 75 and 76 of Regulation (EC) No 207/2009
Case T‑208/12 Think Schuhwerk v OHIM (Red shoelace end caps)
Community trade mark — Application for a Community trade mark — Red shoelace end caps — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Procedure by default
Case T‑336/13 R Borghezio v Parliament
Interim relief — European Parliament — Measure excluding a Member of Parliament from his political group — Application to suspend enforcement — Manifest inadmissibility of the main action — Inadmissibility of the application — Lack of urgency
September 2013
Cases T‑35/10 and T‑7/11 Bank Melli Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Legitimate expectations — Review of the restrictive measures adopted — Error of assessment — Equal treatment — Legal basis — Essential procedural requirements — Proportionality
Language of the case: English
Case T‑493/10 Persia International Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment
Language of the case: English
Case T‑24/11 Bank Refah Kargaran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Language of the case: French
Joined Cases T‑289/11, T‑290/11 and T‑521/11 Deutsche Bahn and Others v Commission
Competition — Administrative proceedings — Decision ordering an inspection — Powers of inspection of the Commission — Rights of defence — Proportionality — Obligation to state reasons
Language of the case: German
Case T‑434/11 Europäisch-Iranische Handelsbank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality
Language of the case: English
Case T‑465/11 Globula v Commission
Internal market in natural gas — Directive 2003/55/EC — Obligation on natural gas undertakings to organise a system of negotiated third party access to gas storage facilities — Decision of the Czech authorities granting the applicant a temporary exemption for its future underground gas storage facilities in Dambořice — Commission decision ordering the Czech Republic to withdraw the exemption decision — Time at which Directive 2003/55 takes effect
Language of the case: English
Case T‑6/12 Godrej Industries and VVF v Council
Dumping — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Adjustment for currency conversion claimed — Burden of proof — Injury — Definitive anti-dumping duty
Language of the case: English
Case T‑110/12 Iranian Offshore Engineering & Construction v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for amendment of the form of order sought — Admissibility — Obligation to state reasons — Manifest error of assessment
Language of the case: Spanish
Case T‑400/11 Altadis v Commission
Actions for annulment — State aid — Aid scheme allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme to be incompatible with the common market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — No obligation to recover — Inadmissibility
Language of the case: Spanish
Case T‑556/11 European Dynamics Luxembourg and Others v OHIM
Action for annulment and damages — Public service contracts — Objection of inadmissibility — Action for annulment — First and fifth paragraphs of Article 263 TFEU — Article 122 of Regulation (EC) No 207/2009 — Action not premature — Status of defendant — Jurisdiction of the General Court — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Admissibility
Language of the case: English
Case T‑380/08 Netherlands v Commission
Access to documents — Regulation (EC) No 1049/2001 — Request seeking to obtain access to certain confidential passages of the final decision of the Commission relating to a cartel — Refusal of access — Obligation to state reasons — Obligation to carry out a specific, individual examination — Exception concerning the protection of privacy and the integrity of the individual — Exception concerning the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of investigations — Overriding public interest — Sincere cooperation
Language of the case: Dutch
Case T‑566/08 Total Raffinage Marketing v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Market for slack wax — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Proof of the existence of the cartel — Concept of single and continuous infringement — Duration of the infringement — Interruption of the infringement — 2006 Guidelines on the method of setting fines — Equal treatment — Presumption of innocence — Imputability of the unlawful conduct — Liability of a parent company for the infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption in the case of 100% shareholding — Proportionality — Rounding-up method — Unlimited jurisdiction
Language of the case: French
Case T‑320/10 Fürstlich Castell'sches Domänenamt v OHIM – Castel Frères (CASTEL)
Community trade mark — Invalidity proceedings — Community word mark CASTEL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Admissibility — Absolute ground for refusal not put forward before the Board of Appeal — Examination of the facts by OHIM of its own motion — Article 76(1) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑111/11 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Studies received by the Commission concerning the transposition of directives on the environment — Partial refusal of access — Exception relating to protection of the purpose of inspections, investigations and audits — Specific and individual assessment — Compatibility with the Aarhus Convention — Overriding public interest — Consequences of exceeding the period for the adoption of an express decision — Extent of the obligation actively to disseminate environmental information
Language of the case: English
Case T‑383/11 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Restrictions on entry into, or transit through, the territory of the European Union — Rights of defence — Obligation to state reasons — Manifest error of assessment — Fundamental rights
Language of the case: French
Case T‑402/06 Spain v Commission
Cohesion Fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects implemented in Catalonia (Spain) — Partial cancellation of financial assistance — Public works and service contracts — Criteria for award of the contracts — Most economically advantageous tender — Equal treatment — Transparency — Abnormally low tender — Eligibility of expenditure — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality
Language of the case: Spanish
Case T‑435/09 GL2006 Europe v Commission
Arbitration clause — Contracts for financial assistance concluded in the context of the Fifth and Sixth Framework Programmes for Community activities in the field of research and technological development and in the context of the eTEN Programme — Highway, J WeB, Care Paths, Cocoon, Secure-Justice, Qualeg, Lensis, E-Pharm Up, Liric, Grace, Clinic and E2SP projects — Termination of contracts — Reimbursement of amounts paid — Debit notes — Counterclaim — Representation of the applicant
Language of the case: English
Case T‑333/10 ATC and Others v Commission
Non-contractual liability — Animal health — Protective measures in situations of crisis — Protection measures in relation to highly pathogenic avian influenza in certain third countries — Ban on imports of birds caught in the wild — Sufficiently serious breach of rules of law conferring rights on individuals — Manifest and serious disregard of the limits on discretion — Directives 91/496/EC and 92/65/EC — Precautionary principle — Duty of diligence — Proportionality
Language of the case: Dutch
Case T‑376/10 Mamoli Robinetteria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Rights of the defence — 2002 Leniency Notice — Plea of illegality — Concept of agreements, decisions and concerted practices — Calculation of the fine — 2006 Guidelines on the method of setting fines — Gravity — Application of a multiplier to the additional sum
Language of the case: Italian
Case T‑378/10 Masco and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single infringement
Language of the case: English
Case T‑380/10 Wabco Europe and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Distortion of competition — Proof — Calculation of the fine — Cooperation during the administrative procedure — 2002 Leniency Notice — Immunity from fines — Reduction of the fine — Significant added value — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity
Language of the case: English
Case T‑386/10 Dornbracht v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Plea of illegality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality — Principle of non-retroactivity
Language of the case: German
Case T‑396/10 Zucchetti Rubinetteria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Concept of infringement — Single infringement — Relevant market — 2006 Guidelines on the method of setting fines — Gravity — Application of a multiplier
Language of the case: Italian
Case T‑408/10 Roca Sanitario v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Multipliers — Mitigating circumstances — Reduction of the fine — Significant added value
Language of the case: Spanish
Case T‑411/10 Laufen Austria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Multipliers — Mitigating circumstances — Economic crisis — Pressure exerted by wholesalers — 2002 Leniency Notice — Reduction of the fine — Significant added value
Language of the case: Spanish
Case T‑412/10 Roca v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of the unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Mitigating circumstances — Economic crisis — 2002 Leniency Notice — Reduction of the fine — Significant added value
Language of the case: Spanish
Case T‑489/10 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment
Language of the case: English
Case T‑437/11 Golden Balls v OHIM – Intra-Presse (GOLDEN BALLS)
Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009
Language of the case: English
Information (on unpublished decisions)
Case T‑599/10 Eurocool Logistik v OHIM – Lenger (EUROCOOL)
Community trade mark — Opposition proceedings — Application for the Community word mark EUROCOOL — Earlier national figurative mark EUROCOOL LOGISTICS — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to a fair hearing
Joined Cases T‑4/11 and T‑5/11 Export Development Bank of Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment
Case T‑12/11 Iran Insurance v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Legal basis — Infringement of international law — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Equal treatment — Non-discrimination
Case T‑13/11 Post Bank Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Legal basis — Infringement of international law — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Equal treatment — Non-discrimination
Case T‑483/11 Sepro Europe v Commission
Plant-protection products — Active substance flurprimidol — Non-inclusion of flurprimidol in Annex I to Directive 91/414/EEC — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Rights of the defence — Proportionality — Obligation to state reasons
Cases T‑42/12 and T‑181/12 Bateni v Council
Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment
Case T‑57/12 Good Luck Shipping v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑349/12 Leiner v OHIM – Recaro (REVARO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark REVARO — Earlier international word mark RECARO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑429/11 Banco Bilbao Vizcaya Argentaria v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
Case T‑430/11 Telefónica v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
Case T‑489/12 Planet v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
Case T‑540/11 Melkveebedrijf Overenk and Others v Commission
Action for damages — Levy in the milk and milk products sector — Regulation (EC) No 1468/2006 — Manifest inadmissibility
Case T‑142/08 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of administrators and assistants — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑164/08 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of doctors — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑126/09 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of administrators — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑218/09 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of assistants — Language of the tests — Choice of second language from three official languages
Case T‑347/09 Germany v Commission
State aid — Transfer free of charge of certain areas of natural national heritage — Measures for the financial support of large-scale environmental protection projects — Decision declaring aid compatible with the common market — Concept of undertaking — Obligation to state reasons
Case T‑331/11 Besselink v Council
Access to documents — Regulation (EC) No 1049/2001 — Draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Exception relating to the protection of the public interest as regards international relations — Partial access — Obligation to state reasons — Application for measures of organisation of procedure or inquiry — Inadmissible
Case T‑380/11 Palirria Souliotis v Commission
Application for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — Inadmissibility
Case T‑457/11 Valeo Vision v Commission
Application for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Tariff heading — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑492/11 "Rauscher" Consumer Products v OHIM (Representation of a tampon)
Community trade mark — Application for a figurative Community trade mark representing a sanitary tampon — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
Case T‑73/08 Berliner Institut für Vergleichende Sozialforschung v Commission
Financial assistance paid in the context of the Daphne II programme — Determination of the amount of the final grant — Debit note — Measure open to challenge — Obligation to state reasons — Fair trial — Errors of assessment
Case T‑525/08 Poste Italiane v Commission
State aid — Remuneration of funds from postal accounts placed with the Italian Treasury — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of State aid — Advantage
Case T‑536/08 Huvis v Council
Dumping — Imports of polyester staple fibres originating in South Korea — Maintenance of anti-dumping duties following a partial interim review — Action for annulment — Direct and individual concern — Admissibility — Equal treatment and non-discrimination — Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009
Case T‑537/08 Cixi Jiangnan Chemical Fiber and Others v Council
Dumping — Imports of polyester staple fibres originating in China — Maintenance of anti-dumping duties following a partial interim review — Action for annulment — Direct and individual concern — Admissibility — Equal treatment and non-discrimination — Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009)
Case T‑548/08 Total v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Principle of the legality of criminal offences and penalties — Presumption of innocence — Attributability of the unlawful conduct — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption where the parent company holds nearly 100% of the shares
Case T‑551/10 Fri-El Acerra v Commission
State aid — Subsidy for the takeover of a thermoelectric power plant and conversion thereof into a biofuel power plant — Decision declaring the aid incompatible with the internal market — Application ratione temporis of the guidelines on national regional aid — Legitimate expectations — Incentive effect
Case T‑214/11 ClientEarth and PAN Europe v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Names of experts who submitted comments on a guidance document relating to the scientific documents to be included in applications for authorisation to place plant protection products and the active substances contained in those products on the market — Refusal of access — Exception concerning protection of privacy and the integrity of the individual — Protection of personal data — Regulation (EC) No 45/2001 — Obligation to state reasons
Case T‑563/11 Anbouba v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Burden of proof — Manifest error of assessment — Rights of defence — Obligation to state reasons — Procedure by default — Application to intervene — No need to adjudicate
Case T‑592/11 Anbouba v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Presumption of innocence — Burden of proof — Manifest error of assessment — Rights of defence — Obligation to state reasons
Case T‑2/07 Spain v Commission
Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning the clearance of the hydrographical basin of Júcar (Spain) — Partial withdrawal of financial assistance — Public works contracts — Award criteria — Economically most advantageous tender — Equal treatment — Transparency — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality
Case T‑3/07 Spain v Commission
Cohesion fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects under way in the territory of Andalucia (Spain) — Partial withdrawal of financial assistance — Public works and services contracts — Award criteria — Publicity — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality
Case T‑462/07 Galp Energia España and Others v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine
Case T‑482/07 Nynäs Petroleum and Nynas Petróleo v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine
Case T‑495/07 PROAS v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing agreements — Translation of the statement of objections — Calculation of the amount of the fine — Reasonable time — Res judicata
Case T‑496/07 Repsol Lubricantes y Especialidades and Others v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Rights of defence — Imputability of the unlawful conduct — Principle that penalties must be specific to the offender — Calculation of the amount of the fine — Res judicata
Case T‑497/07 CEPSA v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Translation of the statement of objections — Imputability of the unlawful conduct — Reasonable period — Principle of impartiality — Calculation of the amount of the fine — Res judicata
Joined Cases T‑226/09 and T‑230/09 British Telecommunications and BT Pension Scheme Trustees v Commission
State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid
Case T‑338/09 Müller-Boré & Partner v OHIM – Popp and Others (MBP)
Community trade mark — Opposition proceedings — Application for Community word mark MBP — Earlier Community word mark ip_law@mbp. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — National sign used in the course of trade mbp.de — Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation No 207/2009
Case T‑486/09 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development measures — Less favoured areas and agri environment — Flat-rate financial correction — Expenditure incurred by Poland — Control reports — Effectiveness of controls — System of penalties — Obligation to state reasons
Case T‑518/09 Ecoceane v EMSA
Public service contracts — Tendering procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tenderer’s bid — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability
Case T‑79/10 Colt Télécommunications France v Commission
State Aid — Compensation for public service costs in connection with a very high speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties
Case T‑200/10 Avery Dennison v OHIM – Dennison-Hesperia (AVERY DENNISON)
Community trade mark — Opposition proceedings — Application for Community word mark AVERY DENNISON — Earlier national word mark DENNISON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Subject-matter of the dispute before the Board of Appeal
Case T‑250/10 Knut IP Management v OHIM – Zoologischer Garten Berlin (KNUT - DER EISBÄR)
Community trade mark — Opposition proceedings — Application for Community word mark KNUT — DER EISBÄR — Earlier national word mark KNUD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑258/10 Orange v Commission
State Aid — Compensation for public service costs in connection with a very high speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation
Case T‑325/10 Iliad and Others v Commission
State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation
Case T‑364/10 Duravit and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single and continuous infringement — Burden of proof — Fines — Equal treatment — Proportionality — Principle that penalties must have a proper legal basis
Case T‑368/10 Rubinetteria Cisal v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Concept of infringement — 2002 Leniency Notice — Cooperation — 2006 Guidelines on the method of setting fines — Calculation of the fine — Inability to pay
Joined Cases T‑373/10, T‑374/10, T‑382/10 and T‑402/10 Villeroy & Boch Austria and Villeroy & Boch v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single infringement — Attributability of the unlawful conduct — Proof — Fines — 2006 Guidelines on the method of setting fines — Non retroactivity — Reasonable period
Case T‑375/10 Hansa Metallwerke and Others v Commission
Competition — Agreements, decisions and concerted parties — Bathroom fittings and fixtures markets in Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Cooperation during the administration procedure — 2002 Leniency Notice — Reduction of the fine — 2006 Guidelines on the method of setting fines — Non-retroactivity
Joined Cases T‑379/10 and T‑381/10 Keramag Keramische Werke and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Duration of the infringement — Rights of the defence — Access to the file — Attributability of unlawful conduct
Case T‑8/11 Bank Kargoshaei and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Legitimate expectations — Review of the restrictive measures adopted — Error of assessment — Equal treatment — Legal basis — Essential procedural requirements — Proportionality — Right to property
Case T‑97/11 Rovi Pharmaceuticals v OHIM – Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)
Community trade mark — Opposition proceedings — Application for the Community word mark ROVI Pharmaceuticals — Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑343/11 Netherlands v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruits and vegetables — Exclusion of financing of costs of printing on packaging — Non-compliance with criteria for recognising a producers’ organisation — Exclusion of expenses of all members of the producers’ organisation in question — Proportionality
Case T‑448/11 Golden Balls v OHIM – Intra-Presse (GOLDEN BALLS)
Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009
Case T‑569/11 Gitana v OHIM – Rosenruist and Teddy (GITANA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GITANA — Earlier Community figurative mark KiTANA — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Partial refusal of registration
Case T‑284/12 Oro Clean Chemie v OHIM – Merz Pharma (PROSEPT)
Community trade mark — Opposition proceedings — Application for Community word mark PROSEPT — Earlier national word mark Pursept — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rights of defence — Article 75 of Regulation No 207/2009
Case T‑164/10 Pioneer Hi-Bred International v Commission
Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure by the Commission to submit a draft decision to the Council — Action for failure to act
Case T‑397/13 R Tilly-Sabco v Commission
Interim measures — Agriculture — Export refunds — Poultrymeat — Regulation fixing the refunds at zero — Application for stay of execution — Lack of urgency — Weighing up of interests
October 2013
Case T‑545/11 Stichting Greenpeace Nederland and PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the first authorisation of the placing on the market of the active substance ‘glyphosate’ — Partial refusal of access — Risk of an adverse effect on the commercial interests of a natural or legal person — Article 4(5) of Regulation No 1049/2001 — Overriding public interest — Regulation (EC) No 1367/2006 — Article 6(1) of Regulation No 1367/2006 — Directive 91/414/EEC
Language of the case: English
Cases T‑566/11 and T‑567/11 Viejo Valle v OHIM – Établissements Coquet (Cup and saucer with grooves and soup dish with grooves)
Community design — Invalidity proceedings — Registered Community design representing a cup and saucer with grooves and a soup dish with grooves — Ground for invalidity — Unauthorised use of a work protected under the copyright law of a Member State — Article 25(1)(f) of Regulation (EC) No 6/2002
Language of the case: Spanish
Information (on unpublished decisions)
Case T‑554/11 Evropaïki Dynamiki v Commission
Action for annulment — Financing by the European Union of certain projects in Tunisia, in the framework of the EuropeAid programme — Development of an integrated IT system for the Tunisian judiciary — Recovery by the Commission of debts payable to Tunisia by a third party — Debit note — Acts inseparable from the contract — Act not open to challenge — Inadmissibility
Case T‑285/12 Cartoon Network v OHIM – Boomerang TV (BOOMERANG)
Community trade mark — Opposition proceedings — Application for the Community word mark BOOMERANG — Earlier Community figurative mark BoomerangTV — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑259/11 Zinātnes, inovāciju un testēšanas centrs v Commission
Action for annulment — Phare programme — Project concerning the development of a centre for innovation and testing of construction products — Commission decision to undertake recovery of part of the sums paid — Lack of direct concern — Inadmissibility
Case T‑457/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Tendering consortium — Admissibility — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T‑474/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T‑638/11 European Dynamics Belgium and Others v EMA
Public service contracts — Tender procedure of the EMA — Provision of software application support services — Rejection of a tender — Award criteria — Statement of reasons — Observance of the award criteria set out in the tendering specifications — Establishment of subheadings for the award criteria — Access to documents
Case T‑13/12 Andechser Molkerei Scheitz v Commission
Action for annulment and compensation — Public health — List of food additives authorised in foodstuffs — Steviol glycosides — Application inadmissible or manifestly unfounded
Case T‑379/12 Electric Bike World v OHIM – Brunswick (LIFECYCLE)
Community trade mark — Opposition proceedings — Application for Community word mark LIFECYCLE — Earlier national word mark LIFECYCLE — Partial refusal of registration by the Board of Appeal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑148/13 Spain v Commission
Action for annulment — Time-limit for instituting proceedings — Starting point — Publication in the Official Journal — Inadmissibility
Case T‑149/13 Spain v Commission
Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Publication in the Official Journal — Inadmissibility
Case T‑248/10 Italy v Commission and EPSO
Languages — Notice of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1/58 — Article 1d(1), Article 27, first paragraph, and Article 28(f) of the Staff Regulations — Article 1(1)(f) of Annex III to the Staff Regulations — Obligation to state reasons — Principle of non-discrimination
Case T‑432/10 Vivendi v Commission
Competition — Abuse of dominant position — French broadband and telephone subscription market — Decision rejecting a complaint — Lack of Community interest — Significance of the alleged infringement as regards the functioning of the internal market — Probability of establishing the existence of the alleged infringement
Case T‑275/11 TF1 v Commission
State aid — Public service broadcasting — Aid proposed by the French authorities for France Télévisions — Annual budgetary grant — Decision declaring the aid compatible with the internal market — Article 106(2) TFEU — Strict interdependence of a tax and an aid measure
Case T‑282/12 El Corte Inglés v OHIM – Sohawon (fRee YOUR STYLe.)
Community trade mark — Opposition proceedings — Application for Community figurative mark fRee YOUR STYLe. — Earlier Community and national word marks FREE STYLE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑328/12 Mundipharma v OHIM – AFT Pharmaceuticals (Maxigesic)
Community trade mark — Opposition proceedings — Application for Community word mark Maxigesic — Earlier Community word mark OXYGESIC — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑388/12 Singer v OHIM – Cordia Magyarország (CORDIO)
Community trade mark — Opposition proceedings — Application for the Community word mark CORDIO — Earlier Community word mark CORDIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑453/12 Zoo Sport v OHIM – K-2 (ZOOSPORT)
Community trade mark — Opposition proceedings — Application for Community word mark ZOOSPORT — Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑455/12 Zoo Sport v OHIM – K-2 (zoo sport)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZOO Sport — Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑461/13 R Spain v Commission
Application for interim measures — State aid — Decision declaring aid to be incompatible with the internal market and ordering its recovery and the cancellation of any outstanding payments — Application for suspension of operation — Failure to show a prima facie case and urgency
Case T‑462/13 R Comunidad Autónoma del País Vasco and Itelazpi v Commission
Application for interim measures — State aid — Decision declaring aid to be incompatible with the internal market and ordering its recovery and the cancellation of any outstanding payments — Application for suspension of operation — Failure to show urgency
Case T‑367/11 Lyder Enterprises v CPVO – Liner Plants (1993) (SOUTHERN SPLENDOUR)
Plant varieties — Application for a Community plant variety right for the plant variety SOUTHERN SPLENDOUR — Objections — Rejection of the application by the Board of Appeal of the CPVO — Competence of the CPVO — Taking of evidence — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑581/11 Dimian v OHIM – Bayer Design Fritz Bayer (Baby Bambolina)
Community trade mark — Invalidity proceedings — Figurative Community trade mark Baby Bambolina — Earlier unregistered national trade mark Bambolina — Relative ground for refusal — No use in trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Case T‑114/12 Bode Chemie v OHIM – Laros (sterilina)
Community trade mark — Opposition proceedings — Application for Community figurative mark sterilina — Earlier Community word and figurative marks STERILLIUM and BODE Sterillium — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑155/12 Schulze v OHIM – GKL (Klassiklotterie)
Community trade mark — Opposition proceedings — Application for Community word mark Klassiklotterie — Earlier national word mark NKL-Klassiklotterie — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑417/12 SFC Jardibric v OHIM – Aqua Center Europa (AQUA FLOW)
Community trade mark — Invalidity proceedings — Community figurative mark AQUA FLOW — Earlier national figurative mark VAQUA FLOW — Relative ground for refusal — Likelihood of confusion — Declaration of invalidity — Article 8(1)(b) of Regulation (EC) No 207/2009 — No limitation in consequence of acquiescence — Article 54(2) of Regulation No 207/2009
Case T‑451/12 Stromberg Menswear v OHIM – Leketoy Stormberg Inter (STORMBERG)
Community trade mark — Revocation proceedings — Earlier Community word mark STORMBERG — Surrender of the disputed mark by the proprietor — Decision to close the revocation proceedings — Request for restitutio in integrum — Obligation to state reasons — Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑457/12 Stromberg Menswear v OHIM – Leketoy Stormberg Inter (STORMBERG)
Community trade mark — Community word mark STORMBERG — Appeal against the request for conversion of a Community trade mark into national trade mark applications — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law
Case T‑231/10 Merlin and Others v OHIM – Dusyma (Games)
Community design — Invalidity proceedings — Registered Community design representing a game — Earlier design — Grounds for invalidity — Novelty — Individual character — Distinction between goods and design — Articles 3, 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑416/11 Biotronik SE v OHIM – Cardios Sistemas (CARDIO MANAGER)
Community trade mark — Opposition proceedings — Application for Community word mark CARDIO MANAGER — Earlier national word mark CardioMessenger — Relative ground for refusal — No likelihood of confusion — No proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑561/12 Beninca v Commission
Access to documents — Regulation (EC) No 1049/2001 — Document drawn up by the Commission in the context of the merger between Deutsche Börse and NYSE Euronext — Refusal to grant access — Exception relating to protection of the decision-making process
November 2013
Case T‑512/09 Rusal Armenal v Council
Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of Armenia to the WTO — Market economy treatment — Article 2(7) of Regulation (EC) No 384/96 — Whether compatible with the Anti-Dumping Agreement — Article 277 TFEU
Language of the case: English
Case T‑499/10 MOL v Commission
State aid — Agreement between the Hungarian State and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent change in the statutory system of fees — Decision declaring the aid incompatible with the internal market — Selective nature
Language of the case: English
Case T‑456/11 ICdA and Others v Commission
REACH — Transitional measures concerning restrictions on the manufacture, marketing and use of cadmium and its compounds — Annex XVII to Regulation (EC) No 1907/2006 — Restrictions on the use of cadmium pigments in plastic materials — Manifest error of assessment — Risk analysis
Language of the case: English
Case T‑337/12 El Hogar Perfecto del Siglo XXI v OHIM – Wenf International Advisers (Corkscrew)
Community design — Invalidity proceedings — Registered Community design representing a corkscrew — Earlier national design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Spanish
Information (on unpublished decisions)
Case T‑378/12 Capitalizaciones Mercantiles v OHIM – Leineweber (X)
Community trade mark — Opposition proceedings — Application for Community figurative mark X — Earlier Community figurative mark X — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑666/11 Budziewska v OHIM – Puma (Bounding feline)
Community design — Invalidity proceedings — Registered Community design representing a bounding feline — Earlier designs — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑533/12 IBSolution v OHIM – IBS (IBSolution)
Community trade mark — Opposition proceedings — Application for the Community word mark IBSolution — Earlier Community figurative mark IBS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑63/13 Three-N-Products v OHIM – Munindra (AYUR)
Community trade mark — Invalidity proceedings — Community word mark AYUR — Earlier Benelux word marks AYUS — Likelihood of confusion — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009
Case T‑536/10 Kessel v OHIM – Janssen-Cilag (Premeno)
Community trade mark — Invalidity proceedings — Application for Community word mark Premeno — Earlier national word mark Pramino — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Restriction of the goods designated in the trade mark application — Article 43(1) of Regulation No 207/2009
Case T‑545/12 Mory and Others v Commission
Action for annulment — State aid — Traditional and express couriers — Decision not to extend the obligation of repayment to the potential purchasers of the beneficiary in composition with creditors — No legal interest in bringing proceedings — Inadmissibility
Case T‑337/13 R CSF v Commission
Interim measures — Public health, safety, consumers and workers protection in order to address the risks resulting from the use of machinery — Measure taken by the Danish authorities prohibiting a type of multi-purpose earthmoving machinery without an appropriate protective structure — Commission decision declaring the measure to be justified — Application for stay of execution — Lack of urgency
Case T‑570/08 RENV Deutsche Post v Commission
State aid — Postal service — Decision requiring the production of information — Appropriateness of the time-limit — Obligation to state reasons — Relevance of the information requested
Case T‑147/12 Wünsche Handelsgesellschaft International v Commission
Customs union — Imports of preserved mushrooms from China — Decision finding no justification for the remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Detectable error on the part of the customs authorities — Obvious negligence on the part of the importer — Legitimate expectations — Proportionality — Sound administration — Equal treatment
Case T‑245/12 Gamesa Eólica v OHIM – Enercon (Blended shades of green)
Community trade mark — Invalidity proceedings — Absolute ground for refusal — Application for Community trade mark consisting of blended shades of green — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009 — Article 62 of Regulation No 207/2009
Case T‑552/12 North Drilling v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of fact — Temporal adjustment of the effects of an annulment
Case T‑52/13 Efag Trade Mark Company v OHIM (FICKEN)
Community trade mark — Application for Community word mark FICKEN — Absolute ground for refusal — Mark contrary to public order and good morals — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑54/13 Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
Community trade mark — Application for figurative Community trade mark FICKEN LIQUORS — Absolute ground for refusal — Mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑377/10 Preparados Alimenticios v OHIM – Rila Feinkost-Importe (Jambo Afrika)
Community trade mark — Opposition proceedings — Application for the Community word mark Jambo Afrika — Earlier Community figurative marks JUMBO, JUMBO CUBE, JUMBO MARINADE, JUMBO NOKKOS, JUMBO ROF, JUMBO CHORBA MOUTON-MUTTON, JUMBO Aroma All purpose seasoning Condiment — Earlier national figurative marks JUMBO — Non-registered earlier word mark JUMBO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑42/13 1. garantovaná v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Fines — Late-payment interest — Act not amenable to review — Inadmissibility
Case T‑313/11 Heede v OHIM (Matrix-Energetics)
Community trade mark — Application for Community word mark Matrix-Energetics — Absolute grounds for refusal — Descriptive character — Relevant public — Date of the determination of the descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑443/12 Equinix (Germany) v OHIM – Acotel (ancotel.)
Community trade mark — Opposition proceedings — Application for Community figurative mark ancotel. — Earlier Community figurative mark ACOTEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑524/12 Recaro v OHIM – Certino Mode (RECARO)
Community trade mark — Revocation proceedings — Community word mark RECARO — Genuine use of the mark — Article 15(1), second subparagraph, (a) of Regulation (EC) No 207/2009 — Nature of the use of the mark — Admissibility of new evidence — Article 76(2) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑23/12 MAF v EIOPA
Action for annulment — Languages — Publication by the EIOPA of consultative documents on its internet site exclusively in English — Non-actionable measures — Inadmissibility
Case T‑483/13 R Oikonomopoulos v Commission
Interim relief — Investigation conducted by OLAF — Action for damages — Financial and non-material damage allegedly suffered by the applicant — Application for interim measures — Inadmissibility — Lack of urgency
Case T‑374/09 Lorenz Shoe Group v OHIM – Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
Community trade mark — Opposition procedure — Application for Community word mark Ganeder — Earlier community word mark Ganter — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑34/12 Herbacin cosmetic v OHIM – Laboratoire Garnier (HERBA SHINE)
Community trade mark — Opposition procedure — Application for Community word mark HERBA SHINE — Earlier national, Community and international word marks Herbacin — Relative ground for refusal — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Statement of reasons — Article 75 of Regulation No 207/2009
Case T‑410/12 Vitaminaqua v OHIM – Energy Brands (vitaminaqua)
Community trade mark — Opposition proceedings — Application for the Community figurative mark vitaminaqua — Earlier national word marks VITAMINWATER — Earlier Community figurative mark GLACEAU vitamin water — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑424/12 Gaumina v EIGE
Public service contracts — Tender procedure — Provision of services to support the communication activities of the EIGE — Rejection of a tender — Obligation to state reasons
December 2013
Case T‑116/11 EMA v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Dicoems and Cocoon contracts — Non-compliance with the contractual requirements of part of the expenditure declared — Termination of the contracts — Repayment of part of the sums paid — Damages — Counterclaim — Non-contractual liability — Undue enrichment — Action for annulment — Act not amenable to an action — Act forming part of a purely contractual framework from which it is inseparable — Debit note — Inadmissibility
Language of the case: Italian
Case T‑79/12 Cisco Systems and Messagenet v Commission
Competition — Concentrations — European markets for internet communications services — Decision declaring the concentration compatible with the internal market — Manifest errors of assessment — Duty to state reasons
Language of the case: English
Case T‑240/10 Hungary v Commission
Approximation of laws — Deliberate release of GMOs into the environment — Marketing authorisation procedure — Scientific opinions of EFSA — Comitology — Regulatory procedure — Infringement of essential procedural requirements — Finding of the Court of its own motion
Language of the case: Hungarian
Case T‑165/12 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Provision of support services with a view to developing IT infrastructure and eGovernment services in Albania — Rejection of a tender — Transparency — Duty to state reasons
Language of the case: Greek
Information (on unpublished decisions)
Case T‑573/11 JAS v Commission
Customs union — Imports of denim jeans — Fraud — Recovery a posteriori of the import duties — Article 13 of Regulation (EEC) No 1430/79 — Article 239 of the Customs Code — Application for remission of import duties — Particular case — Equity clause — Commission decision
Case T‑159/12 Pri v OHIM – Belgravia Investment Group (PRONOKAL)
Removal from the register — Pleading submitted at the time of discontinuance — Inadmissibility
Case T‑438/10 Forgital Italy v Council
Action for annulment — Common Customs Tariff — Temporary suspension of the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products — Amendment of the description of certain suspensions — Regulatory act comprising implementing measures — Inadmissibility
Case T‑394/10 Grebenshikova v OHIM – Volvo Trademark (SOLVO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark SOLVO — Earlier Community word mark VOLVO — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑4/12 Olive Line International v OHIM – Carapelli Firenze (Maestro de Oliva)
Community trade mark — Opposition procedure — International registration designating the European Community — Figurative mark Maestro de Oliva — Earlier national word mark MAESTRO — Genuine use of the earlier mark — Likelihood of confusion — Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009
Case T‑361/12 Premiere Polish v OHIM – Donau Kanol (ECOFORCE)
Community trade mark — Opposition proceedings — Application for the Community word mark ECOFORCE — Earlier Community figurative mark ECO FORTE — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑428/12 Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
Community trade mark — Application for community word mark VALORES DE FUTURO — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑150/11 Gobierno de Aragón and Others v Council
Action for annulment — State aid — Decision concerning aid to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility
Case T‑176/11 Carbunión v Council
Action for annulment — State aid — Decision on aid intended to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility
Case T‑467/11 Colgate-Palmolive v OHIM – dm-drogerie markt (360º SONIC ENERGY)
Community trade mark — Opposition proceedings — Application for the Community word mark 360° SONIC ENERGY — Earlier international word mark SONIC POWER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑492/12 von Storch and Others v ECB
Action for annulment — Decisions adopted by the ECB — Technical characteristics relating to Eurosystem Outright Monetary Transactions — Measures seeking to maintain the availability of collateral — Temporary measures relating to Eurosystem refinancing operations and eligibility of collateral — Not directly affected — Inadmissibility
Case T‑591/11 Przedsiębiorstwo Handlowe Medox Lepiarz Lepiarz v OHIM – Henkel (SUPER GLUE)
Community trade mark — Opposition proceedings — Application for Community figurative mark SUPER GLUE — Earlier Benelux word mark SUPERGLUE — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑123/12 Smartbook v OHIM (SMARTBOOK)
Community trade mark — Application for Community word mark SMARTBOOK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑487/12 Eckes-Granini Group v OHIM – Panini (PANINI)
Community trade mark — Opposition proceedings — Application for the Community figurative mark PANINI — Earlier national and Community word marks GRANINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑171/08 Berliner Institut für Vergleichende Sozialforschung v Commission
European Refugee Fund — Action to raise awareness and disseminate information concerning refugees who are victims of psychological trauma — ‘Traumatised refugees in the European Union: institutions, protection mechanisms and good practice’ project — Payment of the balance — Duty to state reasons — Principle of sound administration — Error of assessment
Case T‑58/12 Nabipour and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Duty to state reasons — Error of law — Error of assessment — Temporal adjustment of the effects of an annulment
Case T‑117/12 ANKO v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration (2007‑2013) — Contracts concerning the Perform and Oasis projects — Suspension of payments — Irregularities found in audits relating to other projects — Late-payment interest
Case T‑118/12 ANKO v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration (2002-2006) — Contract concerning the Persona project — Suspension of payments — Irregularities found in audits relating to other projects — Late-payment interest
Case T‑156/12 Sweet Tec v OHIM (Shape of an oval)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of an oval — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑399/09 HSE v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Presumption of innocence — Fines — Article 23 of Regulation (EC) No 1/2003 — 2006 guidelines on the method of setting fines — Mitigating circumstances — Infringement committed as a result of negligence — Infringement authorised or encouraged by the public authorities
Case T‑579/13 R Istituto di vigilanza dell'urbe v Commission
Interim measures — Public service contracts — Tendering procedure — Provision of security guard and reception services at the ‘European Union Houses’ in Rome and Milan — Award of the contract to another tenderer — Application for suspension of operation — Disregard of the formal requirements — Inadmissibility
January 2014
Case T‑385/11 BP Products North America v Council
Dumping — Subsidies — Imports of biodiesel originating in the United States — Circumvention — Article 13 of Regulation (EC) No 1225/2009 — Article 23 of Regulation (EC) No 597/2009 — Slightly modified like product — Legal certainty — Misuse of powers — Manifest errors of assessment — Duty to state reasons — Equal treatment — Principle of sound administration
Language of the case: English
Case T‑528/11 Aloe Vera of America v OHIM – Detimos (FOREVER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FOREVER — Earlier national figurative mark 4 EVER — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Language of the case: English
Case T‑309/10 Klein v Commission
Non-contractual liability — Medical devices — Articles 8 and 18 of Directive 93/42/EEC — Inaction by the Commission following notification of a decision to prohibit placing on the market — Sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: German
Case T‑168/13 EPAW v Commission
Action for annulment — Legal person governed by private law — No proof of existence in law — Article 44(5)(a) of the Rules of Procedure of the General Court — Manifest inadmissibility
Language of the case: English
Case T‑528/09 Hubei Xinyegang Steel v Council
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in China — Determination of a threat of injury — Article 3(9) and Article 9(4) of Regulation (EC) No 384/96 (now Article 3(9) and Article 9(4) of Regulation (EC) No 1225/2009)
Language of the case: English
Information (on unpublished decisions)
Case T‑505/13 R Stichting Sona and Nao v Commission
Interim measures — Arrangements for the association of overseas countries and territories — 10th European Development Fund — Implementing rules — Netherlands Antilles — Application for suspension of implementation — Application for interim measures — Whether admissible
Case T‑134/12 Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Action for annulment and damages — Contracts concerning financial assistance from the European Union for research and development projects — Plea of inadmissibility — Failure to reclassify forms of order sought — Inadmissible
Case T‑475/12 LaserSoft Imaging v OHIM (WorkflowPilot)
Community trade mark — Application for Community word mark WorkflowPilot — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) 207/2009
Case T‑279/12 SICOM v Commission
Arbitration clause — Food aid — Supply of colza oil to Guinea — Non-performance of the contract — Limitation period
Case T‑149/12 Investrónica v OHIM – Olympus Imaging (MICRO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MICRO — Earlier national figurative mark micro — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Power to alter decisions
Case T‑304/12 Message Management v OHIM – Absacker (ABSACKER of Germany)
Community trade mark — Opposition proceedings — Application for Community figurative mark ABSACKER of Germany — Earlier national figurative mark ABSACKER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑383/12 Ferienhäuser zum See v OHIM – Sunparks Groep (Sun Park Holidays)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Sun Park Holidays — Earlier Community figurative mark Sunparks Holiday Parks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑433/12 Steiff v OHIM (Fixation d’un bouton au milieu de l’oreille d’une peluche)
Community trade mark — Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
Case T‑434/12 Steiff v OHIM (Fixation par un bouton d’une étiquette au milieu de l'oreille d'une peluche)
Community trade mark — Application for a Community trade mark consisting of a fabric tag with metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
Case T‑538/12 Optilingua v OHIM – Esposito (ALPHATRAD)
Community trade mark — Revocation proceedings — Community figurative mark — Genuine use of the mark — Extent of the use — Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009
Case T‑614/13 R Romonta v Commission
Interim measures — Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Free allocation of greenhouse gas emission allowances from 2013 — Application for recognition of hardship — No urgency
Case T‑596/11 Bricmate v Council
Action for annulment — Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — No individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑113/12 Bial-Portela v OHIM – Probiotical (PROBIAL)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROBIAL — Earlier national, international and Community figurative marks, emblem, business name and logo Bial — Relative grounds for refusal — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009
Case T‑232/12 Wilmar Trading v OHIM – Agroekola (ULTRA CHOCO)
Community trade mark — Opposition proceedings — Application for Community word mark ULTRA CHOCO — Earlier national word mark ultra choco — Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria — Article 60 of Regulation (EC) No 207/2009 — Failure to comply with the obligation to pay appeal fee within the time limit — Decision of the Board of Appeal declaring the appeal deemed not to have been filed
Case T‑468/12 Faktor B. i W. Gęsina v Commission
Action for annulment — Time limit for bringing proceedings — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
Case T‑384/09 SKW Stahl-Metallurgie Holding and SKW Stahl-Metallurgie v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Imputability of the unlawful conduct — Obligation to state reasons — Fines — Equal treatment — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability for payment of the fine — 2006 guidelines on the method of setting fines
Case T‑391/09 Evonik Degussa and AlzChem v Commission
Competition — Cartels — Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Imputability of the unlawful conduct — Fines — Cooperation during the administrative procedure — Aggravating circumstances — Repeated infringement — Mitigating circumstances — Proportionality — Duration of the infringement — Joint and several liability for payment of a fine — 2006 guidelines on the method of setting fines
Case T‑395/09 Gigaset v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Obligation to state reasons — Fines — Duration of the infringement — Equal treatment — Mitigating circumstances — Cooperation during the administrative procedure — Joint and several liability for payment of a fine — 2006 guidelines on the method of setting fines
Case T‑156/10 Confederación de Cooperativas Agrarias de España and CEPES v Commission
Action for annulment — State aid — Spanish legislation laying down measures in favour of agricultural cooperatives following the fuel price increase — Decision declaring the aid incompatible with the internal market — Professional associations — No individual concern — No recovery — No longer any interest in bringing proceedings — Inadmissibility
Case T‑221/12 Sunrider v OHIM – Nannerl (SUN FRESH)
Community trade mark — Opposition proceedings — Application for the Community word mark SUN FRESH — Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH — Relative ground for refusal — Proof of the genuine use of earlier marks — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑513/12 NCL v OHIM (NORWEGIAN GETAWAY)
Community trade mark — Application for the Community word mark NORWEGIAN GETAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑514/12 NCL v OHIM (NORWEGIAN BREAKAWAY)
Community trade mark — Application for the Community word mark NORWEGIAN BREAKAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑551/12 Coppenrath-Verlag v OHIM – Sembella (Rebella)
Community trade mark — Opposition proceedings — Application for Community word mark Rebella — Earlier Community word mark SEMBELLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009
Case T‑68/13 Novartis v OHIM (CARE TO CARE)
Community trade mark — Application for the Community word mark CARE TO CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑216/11 Progust v OHIM – Sopralex & Vosmarques (IMPERIA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark IMPERIA — Earlier Community figurative mark IMPERIAL — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑600/11 Schuhhaus Dielmann v OHIM – Carrera (Carrera panamericana)
Community trade mark — Opposition proceedings — International registration designating the European Community Carrera panamericana — Earlier Community figurative mark CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑158/12 European Dynamics Belgium and Others v EMA
Public service contracts — Community tender procedure — External service provision for software applications — Decision to classify the applicant’s tender in second place for the purposes of a cascading contract — Award criteria — Addition of award criterion not provided for by the contract documents — Assessment of a selection criterion at the award stage — Transparency
Case T‑47/13 Goldsteig Käsereien Bayerwald v OHIM – Vieweg (goldstück)
Community trade mark — Opposition proceedings — Application for Community figurative mark goldstück — Earlier Community word mark GOLDSTEIG — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑495/11 Streng v OHIM – Gismondi (PARAMETRICA)
Community trade mark — Opposition proceedings — Application for Community word mark PARAMETRICA — Earlier national word mark parameta — Relative ground for refusal — Failure to produce evidence in the language of the opposition proceedings — Rule 19(2) and (3) and Rule 98(1) of Regulation (EC) No 2868/95
February 2014
Joined Cases T‑174/12 and T‑80/13 Syrian Lebanese Commercial Bank v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Amendment of the form of order sought — Time-limit — Manifest error of assessment — Obligation to state reasons — Right to effective judicial protection — Rights of the defence
Language of the case: French
Case T‑644/13 R Serco Belgium and Others v Commission
Interim proceedings — Public procurement — Tendering procedure — Rejection of a tender — Application for suspension of operation — Prima facie case
Language of the case: English
Case T‑27/10 AC-Treuhand v Commission
Competition — Agreements, decisions and concerted practices — Markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Consultancy firm not operating on the relevant markets — Fines — Action for annulment — Concept of undertaking — Principle that offences and penalties must be defined by law — Duration of the infringement — Limitation — Duration of the administrative procedure — Reasonable time — Rights of the defence — Late notification of the investigation procedure — Maximum amount of 10% of turnover — Penalising of two infringements in a single decision — Concept of single infringement — Application for variation — Amount of the fines — Duration of the infringements — Duration of the administrative procedure — 2006 Guidelines on the method of setting fines — Value of sales — Symbolic fine — Unlimited jurisdiction
Language of the case: German
Case T‑342/11 CEEES and Asociación de Gestores de Estaciones de Servicio v Commission
Competition — Agreements, decisions and concerted practices — Spanish service stations market — Decision rejecting a complaint — Regulation (EC) No 1/2003 — Failure to fulfil commitments made binding by a Commission decision — Reopening of the procedure — Fines — Periodic penalty payments
Language of the case: Spanish
Case T‑81/12 Beco v Commission
Dumping — Imports of stainless steel fasteners originating in China and Taiwan — Application for a refund of duties collected — Second subparagraph of Article 11(8) of Regulation (EC) No 1225/2009 — Legal certainty
Language of the case: German
Case T‑331/12 Sartorius Weighing Technology and Sartorius Lab Instruments v OHIM (Arc de cercle jaune en bas d’un écran)
Community trade mark — Application for a Community trade mark consisting of a representation of a yellow curve at the bottom edge of an electronic display unit — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Council Regulation (EC) No 2007/2009
Language of the case: German
Case T‑91/11 InnoLux v Commission
Competition — Agreements, decisions and concerted practices — Worldwide market for liquid crystal display (LCD) panels — Agreements and concerted practices concerning prices and production capacity — Territorial jurisdiction — Internal sales — Sales of finished products incorporating cartelised products — Single and continuous infringement — Fines — Rounding method — Unlimited jurisdiction
Language of the case: English
Case T‑128/11 LG Display and LG Display Taiwan v Commission
Competition — Agreements, decisions and concerted practices — Worldwide market for liquid crystal display (LCD) panels — Agreements and concerted practices concerning prices and production capacity — Internal sales — Rights of the defence — Fines — Partial immunity from fines — Single and continuous infringement — Ne bis in idem principle
Language of the case: English
Case T‑256/11 Ezz and Others v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Egypt — Freezing of funds — Legal basis — Obligation to state reasons — Error of fact — Rights of the defence — Right to effective judicial protection — Right to property — Freedom to conduct a business
Language of the case: English
Case T‑509/12 Advance Magazine Publishers v OHIM – Nanso Group (TEEN VOGUE)
Community trade mark — Opposition proceedings — Application for Community word mark TEEN VOGUE — Earlier national word mark VOGUE — Admissibility — Formulation of the form of order sought — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal to register
Language of the case: English
Information (on unpublished decisions)
Cases T‑604/11 and T‑292/12 Mega Brands v OHIM – Diset (MAGNEXT)
Community trade mark — Opposition proceedings — Application for Community figurative mark MAGNEXT and word mark MAGNEXT — Earlier national word mark MAGNET 4 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑127/12 Free v OHIM – Noble Gaming (FREEVOLUTION TM)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FREEVOLUTION TM — Earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX and earlier national word marks FREE and FREE MOBILE — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑339/12 Gandia Blasco v OHIM – Sachi Premium-Outdoor Furniture (Cuboid Armchair)
Community design — Invalidity proceedings — Registered Community design representing a cuboid armchair — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑357/12 Sachi Premium-Outdoor Furniture v OHIM – Gandia Blasco (Armchair)
Community design — Invalidity proceedings — Registered Community design representing an armchair — Earlier design — Ground for invalidity — Lack of individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Joined Cases T‑23/10 and T‑24/10 Arkema France and ECSC v Commission
Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Duration of the infringement — Limitation — Legitimate interest in finding that an infringement was committed — Application for variation — Amount of the fines — Duration of the infringements — Unlimited jurisdiction
Case T‑40/10 Elf Aquitaine v Commission
Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction
Case T‑180/13 Pesquerias Riveirenses and Others v Council
Action for annulment — Fisheries policy — Regulation (EU) No 40/2013 — Amalgamation of the northern and southern components of the stock of blue whiting in the north-east Atlantic in order to establish the TAC — Lack of direct concern — Manifestly inadmissible
Case T‑570/11 Oetker Nahrungsmittel v OHIM (La qualité est la meilleure des recettes)
Community trade mark — Application for Community word mark La qualité est la meilleure des recettes — Mark constituted by an advertising slogan — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑26/13 dm-drogerie markt v OHIM – Semtee (CALDEA)
Community trade mark — Opposition proceedings — Application for the Community word mark CALDEA — Earlier international word mark BALEA — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑380/12 Demon International v OHIM – Big Line (DEMON)
Community trade mark — Invalidity proceedings — Figurative Community trade mark DEMON — Prior international word mark DEMON — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T‑578/13 R Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission
Application for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to the inclusion of an active substance — Rejection of the request for confidential treatment of certain information — Application for suspension of operation of a measure — Admissibility — Urgency — Prima facie case — Weighing up of the interests involved
Case T‑187/13 Jannatian v Council
Action for annulment — Common foreign and security policy — Restrictive measures against Iran — List of persons and entities to which those restrictive measures apply — Period within which an action must be brought — Action brought out of time — Inadmissibility
Case T‑45/14 R HTTS and Bateni v Council
Application for interim measures — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and other economic resources — Application for interim measures — No urgency — Balancing of interests
Case T‑602/11 Pêra-Grave v OHIM – Fundação Eugénio de Almeida (QTA S. JOSÉ DE PERAMANCA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark QTA S. JOSÉ DE PERAMANCA — Earlier national figurative marks VINHO PERA-MANCA TINTO, VINHO PERA-MANCA BRANCO and PÊRA-MANCA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑37/12 Advance Magazine Publishers v OHIM – López Cabré (TEEN VOGUE)
Community trade mark — Opposition proceedings — Application for Community word mark TEEN VOGUE — Earlier national word mark VOGUE — Relative ground for refusal — Likelihood of confusion — Identical nature of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95 — Partial refusal to register
Case T‑225/12 Lidl Stiftung v OHIM – Lídl Music (LIDL express)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL express — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009
Case T‑226/12 Lidl Stiftung v OHIM – Lídl Music (LIDL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009
Case T‑229/12 Advance Magazine Publishers v OHIM – López Cabré (VOGUE)
Community trade mark — Opposition proceedings — Application for Community figurative mark VOGUE — Earlier Community word mark VOGUE — Likelihood of confusion — Identity or similarity of the goods — Identity or similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Vagueness of the trade mark application — Article 26(1)(c) of Regulation No 207/2009 — Rule 2(2) of Regulation (EC) No 2868/95 — Partial refusal to register
Case T‑25/13 Mäurer & Wirtz v OHIM – Sacra (4711 Aqua Mirabilis)
Community trade mark — Opposition proceedings — Application for the Community word mark 4711 Aqua Mirabilis — Earlier Community word mark AQUA ADMIRABILIS — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑520/11 Genebre v OHIM – General Electric (GE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GE — Earlier national word mark GE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
March 2014
Case T‑202/12 Al Assad v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Inclusion of an individual on the lists of targeted persons — Personal connections with members of the regime — Rights of defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy
Language of the case: French
Case T‑296/11 Cementos Portland Valderrivas v Commission
Competition — Administrative procedure — Decision requesting information — Need for the information requested — Reasonable grounds — Review by the Court — Proportionality
Language of the case: Spanish
Case T‑297/11 Buzzi Unicem v Commission
Competition — Administrative procedure — Decision requesting information — Need for the information requested — Principle of sound administration — Obligation to state reasons — Proportionality
Language of the case: Italian
Case T‑306/11 Schwenk Zement v Commission
Competition — Administrative procedure — Decision requesting information — Neeed for the information requested — Obligation to state reasons — Proportionality
Language of the case: German
Case T‑43/13 Donnici v Parliament
Actions for damages — Members of the European Parliament — Verification of powers — Decision of the Parliament declaring the mandate of a Member of the European Parliament invalid — Annulment of the decision of the Parliament by judgment of the Court of Justice — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: Italian
Case T‑306/10 Yusef v Commission
Common foreign and security policy — Restrictive measures against persons and entities associated with Usama bin Laden, the Al Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of a person’s funds and economic resources as a result of his inclusion on a list drawn up by a United Nations body — Sanctions Committee — Subsequent inclusion in Annex I to Regulation No 881/2002 — Commission’s refusal to de-list — Action for failure to act — Fundamental rights — Right to be heard, right to effective judicial review and right to property
Language of the case: English
Cases T‑56/09 and T‑73/09 Saint-Gobain Glass France and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Regulation (EC) No 1/2003 — Plea of illegality — Fines — Retroactive application of the 2006 Guidelines on the method of setting fines — Value of sales — Repeated infringement — Additional amount — Imputability of the unlawful conduct — Upper limit of the fine — Consolidated group turnover
Language of the case: French
Case T‑47/12 Intesa Sanpaolo v OHIM – equinet Bank (EQUITER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark EQUITER — Earlier Community word mark EQUINET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Obligation to state reasons
Language of the case: English
Information (on unpublished decisions)
Case T‑416/12 HP Health Clubs Iberia v OHIM – Shiseido (ZENSATIONS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009
Case T‑71/13 Anapurna v OHIM – Annapurna (ANNAPURNA)
Community trade mark — Revocation proceedings — Community word mark ANNAPURNA — Application for annulment filed by the intervener — Article 134(1) to (3) of the Rules of Procedure of the General Court — Genuine use of the trade mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form of use of the trade mark — Proof of use for the registered goods
Case T‑134/10 FESI v Council
Action for annulment — Dumping — Extension of the definitive anti-dumping duty imposed on imports of certain footwear with uppers of leather originating in Vietnam and China, as extended to imports of certain footwear with uppers of leather coming from Macao — Association representing independent importers — No individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑1/14 R Aluminios Cortizo and Cortizo Cartera v Commission
Application for interim measures — State aid — Aid granted by the Spanish authorities to certain economic interest groupings (EIG) and their investors — Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) — Application for suspension of operation — Failure to comply with the procedural requirements — Inadmissibility
Case T‑518/12 Spirlea and Spirlea v Commission
Action for annulment — Public health — Decision to bring an end to an EU pilot procedure — Closure of the file on a complaint — Failure to bring an action for failure to fulfil obligations — Inadmissibility
Case T‑592/10 El Corte Inglés v OHIM – Technisynthese (BTS)
Community trade mark — Opposition proceedings — Application for the Community word mark BTS — Earlier Community and national figurative marks TBS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑102/11 and T‑369/12 to T‑371/12 American Express Marketing & Development v OHIM (IP ZONE and Others)
Community trade mark — Applications for Community word marks IP ZONE, EUROPE IP ZONE, IP ZONE EUROPE and EUROPEAN IP ZONE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑192/12 PAN Europe v Commission
Action for annulment — Environment — Implementing Regulation (EU) No 1143/2011 approving the active substance prochloraz — Request for internal review — Refusal — Conditions to be satisfied by an organisation in order to be entitled to make a request for internal review — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑315/12 Tubes Radiatori v OHIM – Antrax It (Radiateur)
Community design — Invalidity proceedings — Registered Community design representing a radiator for heating — Earlier design — Ground for invalidity — No individual character — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — No scope for innovation — Obligation to state reasons
Case T‑348/12 Globosat Programadora v OHIM – Sport TV Portugal (SPORT TV INTERNACIONAL)
Community trade mark — Opposition proceedings — Application for Community word mark SPORT TV INTERNACIONAL — Earlier national figurative mark SPORTV — Relative ground for refusal — Proof of use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
Case T‑381/12 Borrajo Canelo and Others v OHIM – Tecnoazúcar (PALMA MULATA)
Community trade mark — Proceedings for revocation — Community word mark PALMA MULATA — Genuine use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctiveness
Case T‑430/12 Heinrich v OHIM – Commission (European Network Rapid Manufacturing)
Community trade mark — Invalidity proceedings — Community figurative mark European Network Rapid Manufacturing — Absolute ground for refusal — Imitation of the emblem of an international intergovernmental organisation — Article 7(1)(h) of Regulation (EC) No 207/2009 — Article 6b of the Paris Convention
Case T‑292/11 Cemex and Others v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
Case T‑293/11 Holcim (Deutschland) and Holcim v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
Case T‑302/11 HeidelbergCement v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
Case T‑305/11 Italmobiliare v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Principle of sound administration — Duty to state reasons — Proportionality
Case T‑131/13 Lardini v OHIM (Affixing of a flower to a collar)
Community trade mark — Application for a Community trade mark consisting in the affixing of a flower to a collar — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑57/13 Club Hotel Loutraki and Others v Commission
Action for annulment — State aid — Operation of video lottery terminals — Grant of an exclusive licence by the Hellenic Republic — Decision finding no State aid — Letter addressed to the complainants — Act not open to challenge — Inadmissibility
Case T‑46/10 Faci v Commission
Competition — Agreements, decisions and concerted practices — European markets in ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Fixing prices, allocating markets and customers and exchanging commercially sensitive information — Proof of one aspect of the infringement — Fines — Equal treatment — Sound administration — Reasonable time — Proportionality
Case T‑181/10 Reagens v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to requests that certain undertakings’ inability to pay be taken into account in cartel proceedings — Refusal of access — Exception relating to the protection of commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to carry out a concrete and individual examination — Partial access
Case T‑11/07 RENV Frucona Košice v Commission
State aid — Spirit and spirit-based beverages — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — No longer any legal interest in bringing proceedings — Decision repealing and replacing the contested decision — No need to adjudicate
Case T‑81/13 FTI Touristik v OHIM (BigXtra)
Community trade mark — Application for Community word mark BigXtra — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑539/11 Deutsche Bank v OHIM (Leistung aus Leidenschaft)
Community trade mark — Application for Community word mark Leistung aus Leidenschaft — Trade mark consisting of an advertising slogan — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Evidence presented for the first time before the General Court
Case T‑291/12 Deutsche Bank v OHIM (Passion to Perform)
Community trade mark — International registration designating the European Union — Word mark Passion to Perform — Trade mark consisting of an advertising slogan — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Joined Cases T‑534/12 and T‑535/12 Still v OHIM (Fleet Data Services and Truck Data Services)
Community Trade Mark — Applications for registration of the Community figurative marks Fleet Data Services and Truck Data Services — Absolute ground for refusal — Descriptiveness — Absence of any distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Right to be heard — Article 75, second sentence, of Regulation No 207/2009
Case T‑321/13 Adorisio and Others v Commission
Action for annulment — State aid — Aid granted to banks during the crisis — Recapitalisation of SNS Reaal and SNS Bank — Decision declaring the aid compatible with the internal market — Expropriation of holders of subordinated bonds — No legal interest in bringing proceedings — No standing to bring proceedings — Manifestly inadmissible
Case T‑603/11 Ecologistas en Acción v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the carrying out of an industrial project on a site protected under Directive 92/43/EEC — Documents originating from a Member State — Opposition by the Member State — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Exception relating to the protection of court proceedings — Environmental information — Regulation (EC) No 1367/2006 — Action manifestly lacking any foundation in law
Case T‑554/12 Oracle America v OHIM – Aava Mobile (AAVA MOBILE)
Community trade mark — Opposition proceedings — Application for the Community word mark AAVA MOBILE — Earlier Community word mark JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation No 207/2009
Case T‑117/10 Italy v Commission
ERDF — Reduction of financial assistance — 2000-2006 regional operational programme for the region of Apulia (Italy) covered by objective No 1 — Serious failings in management or control systems which could lead to systemic irregularities — Partnership principle — Proportionality — Article 39(3)(b) of Regulation (EC) No 1260/1999 — Articles 4, 8, 9 and 10 of Regulation (EC) No 438/2001 — Duty to state reasons — Lack of competence
Case T‑270/13 SACBO v Commission and INEA
Action for annulment — Community financial aid to projects of common interest in the field of trans-European transport and energy networks — No direct concern — Non-actionable measure — Preparatory act — Inadmissibility
April 2014
Case T‑319/11 ABN Amro Group v Commission
State aid — Financial sector — Aid intended to remedy a serious disturbance in the economy of a Member State — Article 107(3)(b) TFEU — Decision declaring the aid compatible with the internal market — Conditions for approval of the aid — Acquisition ban — Whether consistent with the Commission communications concerning aid to the financial sector in the financial crisis — Proportionality — Equal treatment — Principle of sound administration — Obligation to state reasons — Right to property
Language of the case: English
Case T‑623/11 Pico Food v OHIM – Sobieraj (MILANÓWEK CREAM FUDGE)
Community trade mark — Opposition proceedings — Application for the Community trade mark MILANÓWEK CREAM FUDGE — Earlier national figurative marks representing a cow, Original Sahne Muh-Muhs HANDGESCHNITTEN HANDGEWICKELT and SAHNE TOFFEE LUXURY CREAM FUDGE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 76(1) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑637/11 Euris Consult v Parliament
Public service contracts — Tender procedure — Provision of translation services into Maltese — Rules relating to the procedure for the submission of tenders — Rejection of a tenderer’s bid — Failure to comply with the rules on submission designed to ensure the confidentiality of the contents of tenders before opening — Plea of inapplicability — Proportionality — Equal treatment — Rights of the defence — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights of the European Union — Article 98(1) of Regulation (EC, Euratom) No 1605/2002 — Article 143 of Regulation (EC, Euratom) No 2342/2002
Language of the case: English
Case T‑17/12 Hagenmeyer and Hahn v Commission
Consumer protection — Regulation (EC) No 1924/2006 — Food health claims — Refusal to authorise a reduction of disease risk claim — Designation of a risk factor — Lawfulness of the procedure for the authorisation of reduction of disease risk claims — Action for annulment — Interest in bringing proceedings — Direct and individual concern — Admissibility — Proportionality — Obligation to state reasons
Language of the case: German
Information (on unpublished decisions)
Case T‑133/12 Ben Ali v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Right to property — Article 17(1) of the Charter of Fundamental Rights — Temporal adjustment of the effects of annulment — Non-contractual liability — Absence of material harm
Case T‑356/12 Debonair Trading Internacional v OHIM – Ibercosmetica (SÔ :UNIC)
Community trade mark — Opposition proceedings — Application for the Community word mark SÔ :UNIC — Earlier Community and national word marks SO… ?, SO… ? ONE, SO… ? CHIC and non-registered word marks — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Family of marks — Article 8(4) of Regulation No 207/2009 — Rule 15(2)(b)(iii) of Regulation (EC) No 2868/95 — Admissibility of the opposition
Case T‑2/13 CFE-CGC France Télécom-Orange v Commission
Action for annulment — State aid — Decision declaring the aid compatible with the internal market on certain conditions — Trade union — Not individually affected — Inadmissibility
Case T‑7/13 ADEAS v Commission
Action for annulment — State aid — Decision declaring the aid compatible with the internal market on certain conditions — Association — Not individually affected — Inadmissibility
Case T‑568/12 Golam v OHIM – Derby Cycle Werke (FOCUS extreme)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FOCUS extreme — Earlier national word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑144/12 Comsa v OHIM – COMSA (COMSA)
Community trade mark — Opposition proceedings — Application for Community word mark COMSA — Earlier company name Comsa, SA — Relative ground for refusal — Lack of use in the course of trade of a sign of more than mere local significance — Similarity of the services — Article 8(4) of Regulation (EC) No 207/2009
Case T‑150/12 Greece v Commission
State aid — Interest-free loans, accompanied by a State guarantee, granted by the Greek authorities to cereal-collecting agricultural cooperatives — Decision declaring the aid incompatible with the internal market — Obligation to state reasons — Advantage — Aid to remedy a serious disturbance in the economy of a Member State
Case T‑288/12 EI du Pont de Nemours v OHIM – Zueco Ruiz (ZYTeL)
Community trade mark — Opposition proceedings — Application for the figurative mark ZYTeL — Earlier Community word mark and well-known mark within the meaning of Article 6bis of the Paris Convention ZYTEL — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Detriment to the distinctive character or repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑386/12 Elite Licensing v OHIM – Aguas de Mondariz Fuente del Val (elite BY MONDARIZ)
Community trade mark — Opposition proceedings — Application for a Community figurative mark elite BY MONDARIZ — Earlier Community and international figurative marks ELITE — Language of appeal proceedings — Time limits — Admissibility of an appeal to the Board of Appeal — Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T‑488/12 CITEB and Belgo-Metal v Parliament
Public works contracts — Tender procedure — Work for the renovation and extension of the Eastman building in Brussels — Rejection of a tenderer’s bid — Notification of the evaluation committee’s report — Duty to state reasons
Case T‑501/12 Farmaceutisk Laboratorium Ferring v OHIM – Tillotts Pharma (OCTASA)
Community trade mark — Opposition proceedings — Application for Community word mark OCTASA — Earlier national word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑502/12 Ferring v OHIM – Tillotts Pharma (OCTASA)
Community trade mark — Opposition proceedings — Application for Community word mark OCTASA — Earlier national, Benelux and international word marks PENTASA and OCTOSTIM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑249/13 MHCS v OHIM – Ambra (DORATO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark DORATO — Earlier Community and national figurative trade marks representing bottle neck labels — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 50(1) of Regulation (EC) No 2868/95
Case T‑340/09 Evropaïki Dynamiki v Office des publications and Commission
Public service contracts — Call for tenders by the Publications Office — Assistance in the provision of publishing and communication services in connection with the CORDIS website — Rejection of a tenderer’s offers and decision to award the contracts to other tenderers — Classification of the tenderer’s offer — Obligation to state reasons — Article 148(1) and (3) of the Implementing Rules — Manifest error of assessment — Non-contractual liability
Case T‑209/13 Olive Line International v OHIM (OLIVE LINE)
Community trade mark — Application for registration of the Community figurative mark OLIVE LINE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑263/12 Manufacturing Support & Procurement Kala Naft v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Obligation to state reasons — Obligation of individual communication — Rights of the defence — Right to effective judicial protection — Right to property — Proportionality — Competence of the Council — Misuse of powers — Error of law — Definition of support given to nuclear proliferation — Error of assessment — Action manifestly lacking any foundation in law
Case T‑473/11 Longevity Health Products v OHIM – Weleda Trademark (MENOCHRON)
Community trade mark — Opposition procedure — Application for Community word mark MENOCHRON — Earlier Community word mark MENODORON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑647/11 Asos v OHIM – Maier (ASOS)
Community trade mark — Opposition proceedings — Application for Community word mark ASOS — Earlier Community word mark ASSOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑468/08 Tisza Erőmű v Commission
State aid — Aid awarded by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring the State aid incompatible with the common market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Selective nature — State resources — Imputability to the State — Effect on trade between Member States — Rights of the defence — Legal certainty — Legitimate expectations — Equal treatment — Proportionality — Misuse of powers — Article 10 of the Energy Charter Treaty
Case T‑179/09 Dunamenti Erőmű v Commission
State aid — Aid awarded by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring the State aid incompatible with the common market and ordering its recovery — Concept of State aid — Advantage — New aid — Operating aid — Legitimate expectations — Legal certainty
Case T‑170/12 Beyond Retro v OHIM – S&K Garments (BEYOND VINTAGE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark BEYOND VINTAGE — Earlier Community word mark BEYOND RETRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
May 2014
Case T-327/12 Simca Europe v OHIM – PSA Peugeot Citroën (Simca)
Community trade mark — Invalidity proceedings — Community word mark Simca — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T‑406/09 Donau Chemie v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Article 23 of Regulation (EC) No 1/2003 — 2006 Guidelines on the method of setting fines — Mitigating circumstances — Cooperation during the administrative procedure — Obligation to state reasons — Equal treatment — Proportionality — Ability to pay
Language of the case: German
Case T‑198/12 Germany v Commission
Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for nitrosamines, nitrosatable substances, lead, barium, arsenic, antimony and mercury in toys — Commission decision not to approve in full the maintenance of national provisions derogating therefrom — Time-limited approval — Proof of a higher level of protection for human health offered by the national provision
Language of the case: German
Case T‑247/12 Argo Group International Holdings v OHIM – Arisa Assurances (ARIS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ARIS — Earlier Community figurative mark ARISA ASSURANCES S.A. — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Coexistence of earlier marks on the market — Principle of American law known as the ‘Morehouse defense’ — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑145/08 DEP Atlas Transport v OHIM
Procedure — Taxation of costs
Language of the case: German
Case T‑447/11 Catinis v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation concerning the implementation of a project for the modernisation of infrastructure in Syria — Access refused — Exception concerning the protection of the purpose of inspections, investigations and audits
Language of the case: English
Case T‑347/12 P Mocová v Commission
Appeals — Civil service — Members of the temporary staff — Fixed-term contract — Decision not to renew — Rejection of the complaint — Obligation to state reasons — Ground stated in the decision rejecting the complaint
Language of the case: French
Case T‑61/13 Melt Water v OHIM (NUEVA)
Community trade mark — Application for a Community figurative mark NUEVA — Article 60 of Regulation (EC) No 207/2009 — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Ambiguity in a language version — Uniform interpretation — Unforeseeable circumstances or force majeure — Excusable error — Obligations of care and diligence
Language of the case: Lithuanian
Information (on unpublished decisions)
Case T‑419/13 Unión de Almacenistas de Hierros de España v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to two Spanish competition proceedings — Implied refusal of access — Explicit decision adopted after the action was brought — No need to adjudicate
Case T‑103/14 R Frucona Košice v Commission
Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of any urgency — Prima facie case not made out
Case T‑567/13 Sharp v OHIM (BIG PAD)
Community trademark — Application for Community figurative mark BIG PAD — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑575/12 Pyrox v OHIM – Köb Holzheizsysteme (PYROX)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark PYROX — Earlier national word marks PYROT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑38/13 Pedro Group v OHIM – Cortefiel (PEDRO)
Community trade mark — Opposition proceedings — Application for the Community word mark PEDRO — Earlier Community figurative mark Pedro del Hierro — Partial refusal to register — Relative grounds for refusal — Genuine use of the earlier mark — Highly distinctive character of the earlier mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑458/10 to T‑467/10 and T‑471/10 McBride and Others v Commission
Fisheries — Measures to conserve fishery resources — Sectoral restructuring — Requests to increase the Multiannual Guidance Programme objectives to improve safety on board — Ireland’s request concerning various vessels — Decision adopted following the General Court’s annulment of the initial decision concerning the same procedure — New refusal decision — Lack of competence of the Commission
Case T‑30/10 Reagens v Commission
Competition — Agreements, decisions and concerted practices — European market for tin heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Duration of the infringement — Fines — 2006 Guidelines on the method of setting fines — Basic amount — Mitigating circumstances — Ability to pay — Equal treatment — Proportionality — Unlimited jurisdiction — Appropriateness of the amount of the fine
Case T‑160/12 Adler Modemärkte v OHIM – Blufin (MARINE BLEU)
Community trade mark — Opposition proceedings — Application for Community word mark MARINE BLEU — Earlier Community word mark BLUMARINE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑366/12 Katjes Fassin v OHIM (Yoghurt-Gums)
Community trade mark — Application for Community figurative mark Yoghurt-Gums — Absolute grounds for refusal — Distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑519/09 Toshiba v Commission
Competition — Agreements, decisions and concerted practices — Power transformers market — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing agreement — Proof of distancing from the cartel — Restriction of competition — Effect on trade — Barriers to entry — Fines — Basic amount — Reference year — Section 18 of the 2006 Guidelines on the method of setting fines — Use of a notional market share in the EEA market
Case T‑599/11 Eni v OHIM – Emi (IP) (ENI)
Community trade mark — Opposition proceedings — Application for the Community word mark ENI — Earlier Community figurative mark EMI — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration
Case T‑553/12 Bateaux mouches v OHIM (BATEAUX-MOUCHES)
Community trade mark — Application for figurative Community trade mark BATEAUX-MOUCHES — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T‑633/11 Guangdong Kito Ceramics and Others v Council
Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — Non-cooperation — Necessary information — Deadlines — Facts available — Article 18(1) and (3) of Regulation (EC) No 1225/2009
Case T‑95/13 Walcher Meßtechnik v OHIM (HIPERDRIVE)
Community trade mark — Application for Community word mark HIPERDRIVE — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑228/13 NIIT Insurance Technologies v OHIM (EXACT)
Community trade mark — Application for Community word mark EXACT — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Equal treatment — Article 56 TFEU
Case T‑553/11 European Dynamics Luxembourg v ECB
Public service contracts — Tender procedure — Provision of services relating to IT infrastructure and applications for the ECB — Rejection of the application — Action for annulment — Act open to challenge — Admissibility — Criteria for selecting candidates — Compliance of an application with the conditions laid down in the call for applications — Obligation to state reasons — Failure to exercise the power to ask for clarification in relation to an application — Manifest errors of assessment — Misuse of powers — Action for damages
Case T‑141/14 R SolarWorld and Others v Council
Application for interim measures — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive anti-dumping duty — Application for suspension of operation of a measure — No urgency
Case T‑142/14 R SolarWorld and Others v Council
Application for interim measures — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive countervailing duty — Application for suspension of operation of a measure — No urgency
June 2014
Case T‑286/09 Intel v Commission
Competition — Abuse of dominant position — Microprocessors market — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Loyalty rebates — ‘Naked’ restrictions — Classification as abuse — As-efficient-competitor analysis — Commission’s international jurisdiction — Obligation on the Commission to investigate — Limits — Rights of the defence — Principle of sound administration — Overall strategy — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T‑260/11 Spain v Commission
Fisheries — Conservation of fishery resources — Overfishing by Spain of mackerel in zones VIII c, IX and X and in European Union waters of CECAF 34.1.1 allocated for the year 2010 — Deductions from fishing quotas allocated for the years 2011 to 2015 — Rights of defence — Legal certainty — Legitimate expectations — Equal treatment
Language of the case: Spanish
Case T‑372/11 Basic v OHIM – Repsol YPF (basic)
Community trade mark — Opposition proceedings — Application for the Community figurative mark basic — Earlier Community figurative mark BASIC — Relative ground for refusal — Similarity of the services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑541/11 Fundação Calouste Gulbenkian v OHIM – Gulbenkian (GULBENKIAN)
Community trade mark — Opposition proceedings — Application for the Community word mark GULBENKIAN — Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian — Relative grounds for refusal — Evidence of the existence of the earlier rights — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 — Article 90(a) of the Rules of Procedure
Language of the case: English
Information (on unpublished decisions)
Case T‑66/12 Sedghi and Azizi v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal from the list of persons and entities concerned — Action for annulment — Interest in bringing proceedings — Admissibility — Obligation to state reasons — Error of assessment
Case T‑67/12 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Measures against which no action may be brought — Inadmissibility — Rights of the defence
Case T‑68/12 Hemmati v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Prohibition on entry or on transit — Action for annulment — Interest in bringing proceedings — Admissibility — Obligation to state reasons
Case T‑161/12 Free v OHIM – Conradi + Kaiser (FreeLounge)
Community trade mark — Opposition proceedings — Application for Community word mark FreeLounge — Earlier national figurative mark free ‘LA LIBERTÉ N’A PAS DE PRIX’, earlier national word mark ‘FREE’, company name ‘FREE’ and domain name ‘FREE.FR’ — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter
Cases T‑495/12 to T‑497/12 European Drinks v OHIM – Alexandrion Grup Romania (Dracula Bite and DRACULA BITE)
Community trade mark — Opposition proceedings — Application for Community figurative marks Dracula Bite and DRACULA BITE — Earlier national figurative mark Dracula — Absence of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑416/13 Stanleybet Malta and Stanley International Betting v Commission
Action for annulment — Competition — Operation of video lottery terminals — Grant by Greece of an exclusive licence — Decision rejecting a complaint — Act not amenable to review — Inadmissibility
Case T‑427/13 Gruppo Norton v OHIM – Marín Nicolás (Gruppo Norton S.r.l.)
Community trade mark — Opposition Proceedings — Application for Community figurative mark Gruppo Norton S.r.l. — Earlier national figurative mark NORTON HISPAŃO — Rule 49(1) of Commission Regulation (EC) No 2868/95 and Article 60 of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law
Case T‑172/14 R Stahlwerk Bous v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑173/14 R WeserWind v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑174/14 R Dieckerhoff Guss v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑176/14 R Georgsmarienhütte v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑178/14 R Friedrich Wilhelms-Hütte Eisenguss v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure into State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑179/14 R Schmiedewerke Gröditz v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑183/14 R Schmiedag v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑293/12 Syria International Islamic Bank v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Manifest error of assessment — Burden of proof — Claim for damages
Case T‑401/12 Klingel v OHIM – Develey (JUNGBORN)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark JUNGBORN — Earlier national word mark BORN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑486/12 Golam v OHIM – Pentafarma (METABOL)
Community trade mark — Opposition proceedings — Application for the Community word mark METABOL — Earlier national word mark METABOL-MG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑4/13 Communicaid Group v Commission
Public service contracts — Tendering procedure — Provision of language-training services for staff of the institutions, bodies and agencies of the European Union in Brussels — Rejection of tenders submitted by the applicant — Principle of transparency — Non-discrimination — Equal treatment — Article 94 of the Financial Regulation — Selection criteria — Obligation to state reasons — Award criteria — Manifest error of assessment
Case T‑62/13 Golam v OHIM – Glaxo Group (METABIOMAX)
Community trade mark — Opposition proceedings — Application for the Community word mark METABIOMAX — Earlier national word mark BIOMAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑281/13 Golam v OHIM – meta Fackler Arzneimittel (METABIOMAX)
Community trade mark — Opposition proceedings — Application for the Community word mark METABIOMAX — Earlier national word mark metabiarex — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑137/09 RENV Nike International v OHIM
Community trade mark — Opposition proceedings — Application for the Community word mark R 10 — Unregistered earlier national word mark R 10 — Assignment of the national trade mark — Proof of ownership of the earlier trade mark
Case T‑488/11 Sarc v Commission
State aid — Software licence agreement — Decision finding no State aid — Actions for annulment — Competitive position not substantially affected — Inadmissibility — Procedural rights of the interested parties — Admissibility — Failure to initiate formal investigation procedure — No serious difficulties — Advantage
Case T‑348/13 Kadhaf Al Dam v Council and Commission
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Inadmissibility
Case T‑352/12 Grupo Flexi de León v OHIM (FLEXI)
Community trade mark — Application for Community word mark FLEXI — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑85/13 K-Swiss v OHIM – Künzli SwissSchuh (parallel stripes on a shoe)
Community trade mark — Invalidity proceedings — Community figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑305/13 R SACE and Sace BT v Commission
Application for interim measures — State aid — Capital injections in favour of an insurance company by its public holding company — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — Urgency — Weighing up of interests
Case T‑595/10 Zenato and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (RIPASSA)
Community trade mark — Opposition proceedings — Application for Community word mark RIPASSA — Earlier national word mark VINO DI RIPASSO — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T‑382/12 Kampol v OHIM – Colmol (Nobel)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Nobel — Earlier national word mark NOBEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑410/14 R Wilders v Parliament and Others
Interim measures — European Parliament — Act concerning the election of the Members of the European Parliament by direct universal suffrage — Incompatibility of the office of Member of the European Parliament with that of member of a national parliament (ban on holding a dual mandate) — Application for interim measures — Disregard of formal requirements — Manifest inadmissibility of the main action — Inadmissibility
Case T‑1/10 RENV PPG and SNF v ECHA
Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Lack of direct concern — Inadmissibility
Case T‑273/12 Unister v OHIM (Ab in den Urlaub)
Community trade mark — Application for Community word mark Ab in den Urlaub — Mark consisting of an advertising slogan — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Absence of evidence of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T‑330/12 Hut.com v OHIM – Intersport France (THE HUT)
Community trade mark — Opposition proceedings — Application for the Community word mark THE HUT — Earlier national word mark LA HUTTE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑523/12 Rani Refreshments v OHIM – Global-Invest Bartosz Turek (Sani)
Community trade mark — Opposition proceedings — Application for Community figurative mark Sani — Earlier Community figurative marks Hani or llani and RANI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑207/13 1872 Holdings v OHIM – Havana Club International (THE SPIRIT OF CUBA)
Community trade mark — Invalidity proceedings — Community word mark THE SPIRIT OF CUBA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑603/13 Léon Van Parys v Commission
Action for annulment — Customs Union — Request by the Commission for supplementary information from the Belgian authorities — Letter seeking information from the applicant as regards the request — Act not subject to review — Inadmissibility
Case T‑224/12 Accorinti and Others v ECB
Action for annulment — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek Government debt — Eligibility of marketable debt instruments issued or fully guaranteed by Greece for the purposes of Eurosystem monetary policy operations — Sufficient maintenance of the credit quality threshold in order to remain eligible — Collateral enhancement in the form of a buy-back scheme for debt instruments for the benefit of the national central banks — Private creditors — Whether certain legal effects may be attributed to the contested measure — No legal interest in bringing proceedings — Lack of direct concern — Inadmissibility
Case T‑564/10 Quimitécnica.com and de Mello v Commission
Competition — Agreements, decisions and concerted practices — European market in animal feed phosphates — Fines — Payment in instalments — Commission decision requiring a bank guarantee to be set up — Obligation to state reasons — Proportionality
July 2014
Case T‑565/12 National Iranian Tanker Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of an annulment
Language of the case: English
Case T‑202/13 Group'Hygiène v Commission
Action for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Trade association — No direct concern — Inadmissibility
Language of the case: French
Case T‑401/11 P Missir Mamachi di Lusignano v Commission
Appeal — Civil service — Officials — Non-contractual liability — Personal damage suffered by the close relatives of the deceased official — Damage suffered by the official before his death — Respective jurisdiction of the General Court and the Civil Service Tribunal — Rule of correspondence between the request for compensation and the complaint against the decision rejecting that request
Language of the case: Italian
Case T‑376/12 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Dried grapes — Wine — Expenditure incurred by Greece — One-off financial correction — Method of calculation — Nature of the accounts clearance procedure — Connection with expenditure financed by the Union
Language of the case: Greek
Case T‑540/08 Esso and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — 2006 Guidelines on the method of setting fines — Duration of the infringement — Equal treatment — Proportionality — Unlimited jurisdiction
Language of the case: English
Case T‑541/08 Sasol and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Liability of a parent company for the infringements of the competition rules committed by its subsidiaries and by a joint venture owned in part by it — Decisive influence exercised by the parent company — Presumption where the parent company holds 100% of the shares — Succession of undertakings — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Aggravating circumstances — Role of leader — Setting a limit on the fine — Unlimited jurisdiction
Language of the case: English
Case T‑543/08 RWE and RWE Dea v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Liability of a parent company for the infringements of the competition rules committed by its subsidiary and by a joint venture partially owned by it — Decisive influence exercised by the parent company — Presumption where the parent company holds 100% of the shares — Succession of undertakings — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
Case T‑533/10 DTS Distribuidora de Televisión Digital v Commission
State aid — Public service broadcasting — Aid planned by Spain for RTVE — Alteration of the funding scheme — Replacement of advertising revenues by new taxes on television and telecommunications operators — Decision declaring the aid compatible with the internal market — Fiscal measure constituting the method by which the aid measure is financed — Tax necessarily hypothecated to the aid — Direct impact of the revenue from the tax on the amount of the aid — Proportionality
Language of the case: Spanish
Case T‑151/11 Telefónica de España and Telefónica Móviles España v Commission
State aid — Public service broadcasting — Aid planned by Spain for RTVE — Alteration of the funding scheme — Replacement of advertising revenues by new taxes on television and telecommunications operators — Decision declaring the aid compatible with the internal market — Procedural rights — New aid — Alteration of the existing aid scheme — Fiscal measure constituting the method by which the aid measure is financed — Tax necessarily hypothecated to the aid — Direct impact of the revenue from the tax on the amount of the aid — Proportionality — Obligation to state reasons
Language of the case: Spanish
Case T‑59/11 Isotis v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Access-eGOV, EU4ALL, eABILITIES, Emerge, Enable, Ask-It contracts — eTEN programme relating to trans-European telecommunications networks — NavigAbile and Euridice contracts — Competitiveness and innovation framework programme — T-Seniority contract — Payment of the final balance — Counterclaim — Reimbursement of sums advanced — Liquidated damages
Language of the case: Greek
Case T‑572/11 Hassan v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Actions for annulment — Adaptation of claims — Out of time — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Action for damages
Language of the case: French
Case T‑48/12 Euroscript — Polska v Parliament
Public procurement of services — Tender procedure — Services of translation into Polish — Decision altering an earlier decision to classify the applicant in first place on the list of selected tenderers — Award of the main framework contract to another tenderer — Request for re-evaluation of tender — Time-limit — Suspension of tender procedure — Transparency — Equal treatment
Language of the case: French
Case T‑457/09 Westfälisch-Lippischer Sparkassen- und Giroverband v Commission
State aid — Restructuring of WestLB — Aid to remedy a serious disturbance in the economy of a Member State — Article 87(3)(b) EC — Decision declaring the aid compatible with the common market under certain conditions — Action for annulment — Individual concern — Legal interest in bringing proceedings — Admissibility — Collegiality — Obligation to state reasons — Guidelines on State aid for rescuing and restructuring firms in difficulty — Proportionality — Principle of non-discrimination — Article 295 EC — Article 7(4) of Regulation (EC) No 659/1999
Language of the case: German
Information (on unpublished decisions)
Case T‑239/12 Jyoti Ceramic Industries v OHIM – DeguDent (ZIECON)
Community trade mark — Opposition proceedings –Application for Community figurative mark ZIECON — Earlier Community word mark CERCON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Examination of the facts of the court’s own motion — Article 76 of Regulation No 207/2009
Case T‑480/13 You-View.tv v OHIM – YouView TV (YouView+)
Community trade mark — Opposition proceedings — Application for Community word mark YouView+ — Earlier Benelux figurative trade mark You View You-View.tv — Late submission of documents — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 — Concept of a ‘provision to the contrary’ — Rule 20(1) of Regulation (EC) No 2868/95
Case T‑16/11 Netherlands v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure in the context of the European quota system in relation to the production of potato starch — Rights of the defence
Case T‑203/12 Alchaar v Council
Common foreign and security policy — Restrictive measures taken against Syria — Entry of an individual on the lists of persons subject to restrictive measures — Links with the regime — Rights of the defence — Right to a fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy
Joined Cases T‑319/12 and T‑321/12 Spain and Others v Commission
State aid — Cinematography — Aid for the construction and operation of a film studio complex — Decision declaring the aid incompatible with the internal market — Criterion of private market economy investor — State aid for regional purposes — Aid to promote culture — Duty to state reasons
Case T‑155/13 Zanjani v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of annulment
Case T‑157/13 Sorinet Commercial Trust Bankers v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Period allowed for adaptation of forms of order — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of temporal effects of annulment
Case T‑181/13 Sharif University of Technology v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment
Case T‑84/12 Uspaskich v Parliament
Action for annulment and compensation — Privileges and immunities — Member of the European Parliament — Decision to waive immunity — Re-examination — Decision not to defend immunity — Inadmissibility — Manifest inadmissibility
Case T‑1/13 Advance Magazine Publishers v OHIM – Montres Tudor (GLAMOUR)
Community trade mark — Opposition proceedings — Application for the Community word mark GLAMOUR — Earlier international mark TUDOR GLAMOUR — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑345/13 Construcción, Promociones e Instalaciones v OHIM – Copisa Proyectos y Mantenimientos Industriales (CPI COPISA INDUSTRIAL)
Community trade mark — Opposition proceedings — Application for Community figurative mark CPI COPISA INDUSTRIAL — Earlier Spanish figurative mark Cpi construcción promociones e instalaciones, s.a. and earlier trade name Construcción, Promociones e Instalaciones, S.A.-C.P.I. — Relative grounds for refusal — Article 8(1) (b) and (4) of Regulation (EC) No 207/2009 — No evidence of genuine use of the earlier mark — No evidence of use of the earlier trade name in the course of trade
Case T‑223/13 Cofresco Frischhalteprodukte v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑224/13 Melitta France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑231/13 Wepa Lille v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑232/13 SCA Hygiène Products v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑233/13 Paul Hartmann v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑234/13 Lucart France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑235/13 Gopack v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑236/13 CMC France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑237/13 SCA Tissue France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑238/13 Delipapier v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑243/13 ICT v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑244/13 Industrie Cartarie Tronchetti Ibérica v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑493/14 R Mayer v EFSA
Application for interim measures — European Food Safety Authority (EFSA) — Refusal to extend secondment — Application for interim measures — No urgency — Inadmissibility
Case T‑184/12 Moonich Produktkonzepte & Realisierung v OHIM – Thermofilm Australia (HEATSTRIP)
Community trade mark — Opposition proceedings — Application for Community word mark HEATSTRIP — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 — Articles 75 and 76 of Regulation No 207/2009
Joined Cases T‑329/12 and T‑74/13 Al-Tabbaa v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Rights of defence — Right to an effective judicial remedy — Obligation to state reasons — Error of assessment
Case T‑520/12 Pågen Trademark v OHIM (gifflar)
Community trade mark — Application for the Community figurative mark gifflar — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — No distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
Case T‑271/10 H v Council and Others
Application for annulment — Application for damages — Common foreign and security policy — National expert seconded to the EUPM in Bosnia and Herzegovina — Decision to redeploy — Lack of jurisdiction of the General Court — Inadmissibility
Case T‑182/13 Moallem Insurance v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment
Case T‑425/12 Sport Eybl & Sports Experts v OHIM – Elite Licensing (e)
Community trade mark — Opposition proceedings — Application for Community figurative mark e — Earlier Community figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑5/12 BSH v OHIM (Wash & Coffee)
Community trade mark — Application for Community word mark Wash & Coffee — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009
Case T‑204/12 Vila Vita Hotel und Touristik v OHIM – Viavita (VIAVITA)
Community trade mark — Opposition proceedings — Application for Community word mark VIAVITA — Earlier national word mark VILA VITA PARC and figurative mark VILA VITA — No genuine use of earlier marks — Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009
Case T‑404/13 NIIT Insurance Technologies v OHIM (SUBSCRIBE)
Community trade mark — Application for Community word mark SUBSCRIBE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Article 56 TFEU
Case T‑463/07 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Premiums for bovines — Olive oil and fats — Dried fodder — Effectiveness of controls — System for penalties
Case T‑223/11 Siemens v Commission
Arbitration clause — Contract for the loan of fissile material intended for the Joint Research Centre’s Ispra site — Non-performance of the contract — Default interest
Case T‑576/12 Łaszkiewicz v OHIM – Capital Safety Group EMEA (PROTEKT)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROTEKT — Earlier Community word marks PROTECTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009
Case T‑18/13 Łaszkiewicz v OHIM – Cables y Eslingas (PROTEKT)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROTEKT — Earlier Spanish word marks PROTEK — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 73 of Regulation No 207/2009
Case T‑52/12 Greece v Commission
State aid — Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 — Decision declaring aid incompatible with the internal market and ordering its recovery — Concept of State aid — Article 107(3)(b) and (c) TFEU — Guidelines for State aid in the agricultural sector
Case T‑295/12 Germany v Commission
State aid — Animal carcass and slaughter waste disposal services — Maintaining epidemic reserve capacity — Decision declaring aid to be incompatible with the internal market — Advantage — Service of general economic interest — Compensation relating to a public service obligation — Effect on trade between Member States and distortion of competition — Need for aid — Subsidiarity — Duty to state reasons
Case T‑309/12 Zweckverband Tierkörperbeseitigung v Commission
State aid — Animal carcass and slaughter waste disposal services — Maintaining epidemic reserve capacity — Decision declaring aid to be incompatible with the internal market — ‘Undertaking’ — Advantage — Service of general economic interest — Compensation relating to a public service obligation — Effect on trade between Member States and distortion of competition — Existing aid or new aid — Need for aid — Subsidiarity — Legitimate expectations — Legal certainty — Proportionality
Case T‑578/12 National Iranian Oil Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Standing to bring proceedings — Admissibility — Obligation to state reasons — Indication and choice of legal basis — Powers of the Council — Principle of foreseeability of European Union acts — Meaning of providing support to nuclear proliferation — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Proportionality — Right to property
Case T‑36/13 Erreà Sport v OHIM – Facchinelli (ANTONIO BACIONE)
Community trade mark — Opposition proceedings — Application for Community figurative mark ANTONIO BACIONE — Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑66/13 Langguth Erben v OHIM (Shape of an alcoholic beverage bottle)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of an alcoholic beverage bottle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009
Case T‑196/13 Nanu-Nana Joachim Hoepp v OHIM – Stal-Florez Botero (la nana)
Community trade mark — Invalidity proceedings — Application for the Community figurative mark ‘la nana’ — Earlier national word mark NANA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
Case T‑315/13 Kompas MTS v Parliament and Others
Action for damages — Harm allegedly suffered following the transposition into Austrian law of a directive on the manufacture, presentation and sale of tobacco products — Labelling of tobacco products — Restrictions on the import of tobacco products — Action manifestly lacking any basis in law
Case T‑324/13 Endoceutics v OHIM – Merck (FEMIVIA)
Community trade mark — Opposition proceedings — Application for the Community word mark FEMIVIA — Earlier Community word mark FEMIBIO — International registration designating the European Community of the earlier figurative mark femibion — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑189/14 R Deza v ECHA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use a chemical substance — Decision to allow a third party access to the documents — Application for suspension of operation — Urgency — Prima facie case — Weighing up of interests
August 2014
Information (on unpublished decisions)
Case T‑215/14 R Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
Interim proceedings — State aid — Airport infrastructure — Public finance granted by the local authorities to a regional airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of urgency
Case T‑217/14 R Gmina Kosakowo v Commission
Interim proceedings — State aid — Airport infrastructure — Public finance granted by the local authorities to a regional airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of urgency
Case T‑532/14 R Alsharghawi v Council
Interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — List of persons and entities to which those measures apply — Application for suspension of operation — Lack of urgency — Weighing of interests
September 2014
Case T‑112/11 Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Action for annulment — Registration of a protected geographical indication — ‘Edam Holland’ — No legal interest in bringing proceedings — No direct concern — Inadmissibility
Language of the case: German
Case T‑113/11 Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Action for annulment — Registration of a protected geographical indication — ‘Gouda Holland’ — No legal interest in bringing proceedings — No direct concern — Inadmissibility
Language of the case: German
Case T‑583/13 Shire Pharmaceutical Contracts v Commission
Action for annulment — Medicinal products for paediatric use — Regulation (EC) No 1901/2006 — Article 37 — Extension of the duration of the market exclusivity of non-patented orphan medicinal products — Non-actionable measure — Inadmissibility
Language of the case: English
Case T‑471/11 Éditions Odile Jacob v Commission
Competition — Concentrations — Book publishing market — Decision declaring the concentration compatible with the common market subject to sale of assets — Decision approving the purchaser of the assets sold — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Legal interest in bringing proceedings — Breach of Article 266 TFEU — Failure to comply with the commitments imposed by the conditional clearance decision — Distinction between conditions and obligations — Principle of non-retroactivity — Assessment of the prospective purchaser — Purchaser’s independence from the seller — Misuse of powers — Obligation to state reasons
Language of the case: French
Case T‑461/12 Hansestadt Lübeck v Commission
State aid — Airport charges — Lübeck Airport — Decision to initiate the procedure laid down in Article 108(2) TFEU — Article 107(1) TFEU — Manifest error of assessment — Article 10 of Regulation (EC) No 659/1999
Language of the case: German
Case T‑494/12 Biscuits Poult v OHIM – Banketbakkerij Merba (Biscuit)
Community trade mark — Invalidity proceedings — Registered Community design representing a broken biscuit — Ground for invalidity — Lack of individual character — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: French
Case T‑425/11 Greece v Commission
State aid — Greek casinos — System providing for a levy of 80% on admission fees of different amounts — Decision declaring the aid incompatible with the internal market — Concept of State aid — Advantage
Language of the case: Greek
Case T‑443/11 Gold East Paper and Gold Huasheng Paper v Council
Dumping — Imports of coated fine paper originating in China — Status as an undertaking evolving in a market economy — Time-limit for adopting a decision as to that status — Diligent and impartial examination — Rights of the defence — Manifest error of assessment — Principle of sound administration — Burden of proof — Injury — Determination of the profit margin — Definition of the product concerned — Community industry — Causal link
Language of the case: English
Case T‑444/11 Gold East Paper and Gold Huasheng Paper v Council
Subsidies — Imports of coated fine paper originating in China — Methodology — Calculation of the advantage — Manifest error of assessment — Specificity — Depreciation period — Preferential tax treatments — Compensatory measures — Injury — Determination of the profit margin — Definition of the product concerned — Community industry — Causal link
Language of the case: English
Case T‑168/12 Georgias and Others v Council and Commission
Common foreign and security policy — Restrictive measures adopted against certain persons and entities in view of the situation in Zimbabwe — Freezing of funds — Non-contractual liability — Causal link — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Manifest error of assessment — Obligation to state reasons
Language of the case: English
Case T‑317/12 Holcim (Romania) v Commission
Non-contractual liability — Scheme for greenhouse gas emission allowance trading — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving emission allowances allegedly stolen — Sufficiently serious breach of a rule of law conferring rights on individuals — Strict liability
Language of the case: English
Case T‑669/11 Spirlea and Spirlea v Commission
Access to documents — Regulation (EC) No 1049/2001 — Document originating from Germany in the context of an EU Pilot procedure — Article 4, paragraphs 4 and 5 — Article 4, paragraph 2, third indent — Refusal of access — Infringement of essential procedural requirements — Obligation to carry out a specific, individual examination — Partial access — Overriding public interest
Language of the case: German
Case T‑171/12 Peri v OHIM (Shape of a turnbuckle) h a pe o f a t u r n b u c k l e h a pe o f a t u r n b u c k l e)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a turnbuckle — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T‑306/12 Spirlea and Spirlea v Commission
Access to documents — Regulation (EC) No 1049/2001 — Article 4, paragraph 2, third indent — Requests for information sent by the Commission to Germany in the context of an EU Pilot procedure — Refusal of access — Obligation to carry out a specific, individual examination — Overriding public interest — Partial access — Obligation to state reasons
Language of the case: German
Case T‑474/12 Giorgis v OHIM – Comigel (Shape of two packaged goblets)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of two packaged goblets — Absolute ground for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑601/11 Dansk Automat Brancheforening v Commission
Actions for annulment — State aid — Online gaming — Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades — Decision declaring aid compatible with the internal market — Aid to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: Danish
Joined Cases T‑91/12 and T‑280/12 Flying Holding and Others v Commission
Public service contracts — Tender procedure — Provision of non-scheduled passenger transport services by air and chartered air-taxi service — Rejection of application — Article 94(b) of the Financial Regulation — Rights of the defence — Article 134(5) of the detailed rules for the implementation of the Financial Regulation — Actions for annulment — Letter responding to a request made by the applicants — Act not amenable to review — Award decision — Lack of direct concern — Inadmissibility — Non-contractual liability
Language of the case: French
Case T‑445/12 Koscher + Würtz v OHIM – Kirchner & Wilhelm (KW SURGICAL INSTRUMENTS)
Community trade mark — Opposition proceedings — International registration of a trade mark designating the European Community — Figurative mark KW SURGICAL INSTRUMENTS — Earlier national word mark Ka We — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Appeal procedure — Scope of the examination to be carried out by the Board of Appeal — Proof of genuine use of the earlier mark — Application submitted to the Opposition Division — Refusal to register the trade mark applied for without prior examination of the condition of genuine use of the earlier trade mark — Error of law — Power to alter decisions
Language of the case: German
Case T‑614/13 Romonta v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementing measures submitted by Germany — Hardship clause — Freedom to choose an occupation and to conduct a business — Right to property — Proportionality
Language of the case: German
Information (on unpublished decisions)
Case T‑336/13 Borghezio v Parliament
Action for annulment — Declaration of the President of the European Parliament, in plenary session, informing the assembly of the exclusion of an MEP from the political group to which he was attached — Act not amenable to review — Action manifestly inadmissible
Case T‑538/13 Verein Natura Havel and Vierhaus v Commission
Access to documents — Regulation (EC) No 1049/2001 — Letter of formal notice sent in the context of ongoing infringement proceedings concerning the compliance with EU law of German aviation law — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑261/12 Diadikasia Symvouloi Epicheiriseon v Commission
Actions for damages — Public service contract — Tender procedure — Strengthening the institutional capacity of the Commission for protection of competition in Serbia — Rejection of a tender — Action manifestly lacking any foundation in law
Case T‑386/13 Kėdainių rajono Okainių and Others v Council and Commission
Action for annulment — Common Agricultural Policy — Direct support schemes for farmers — Authorisation for granting complementary national direct payments in Lithuania for 2012 — Time limit for bringing an action — Point from which time runs — Inadmissibility — Plea of illegality
Case T‑686/13 Unibail Management v OHIM (Representation of two lines and four stars)
Community trade mark — Application for a Community figurative trade mark representing two lines and four stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons
Case T‑687/13 Unibail Management v OHIM (Representation of two lines and five stars)
Community trade mark — Application for a Community figurative trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons
Case T‑286/14 R Röchling Oertl Kunststofftechnik v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑287/14 R Schaeffler Technologies v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑288/14 R Energiewerke Nord v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑294/14 R Klemme v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑295/14 R Autoneum Germany v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑296/14 R Erbslöh v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑297/14 R Walter Klein v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑298/14 R Erbslöh Aluminium v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑300/14 R Fricopan Back v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑301/14 R Michelin Reifenwerke v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑516/11 MasterCard and Others v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a study of the costs and benefits to merchants of accepting different payment methods — Documents drawn up by a third party — Refusal of access — Exception relating to the protection of the decision-making process — Exception relating to the protection of the commercial interests of a third party
Case T‑218/12 Micrus Endovascular v OHIM – Laboratórios Delta (DELTA)
Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑199/13 DTM Ricambi v OHIM – STAR (STAR)
Community trade mark — Opposition proceedings — Application for Community figurative mark STAR — Earlier international figurative mark STAR LODI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑354/13 Zentralverband des Deutschen Bäckerhandwerks v Commission
Action for annulment — Protected geographical indication ‘Kołocz śląski’ or Kołacz śląski’ — Rejection of the application for annulment of the registration — Act not amenable to review — Inadmissibility
Case T‑650/13 Lomnici v Parliament
Action for annulment — Petition addressed to the European Parliament concerning the new law on Slovak citizenship — Petition declared admissible — Decision to close the procedure — Act not amenable to review — Inadmissibility
Case T‑170/08 Commission v ID FOS Research
Arbitration clause — Contracts for financial assistance concerning projects in the field of industrial and materials technologies — Reimbursement of a part of the sums paid — Default interest
Case T‑450/11 Galileo International Technology v OHIM – ESA and Commission (GALILEO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GALILEO — Earlier Community word marks GALILEO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the goods and services at issue
Case T‑536/12 Aroa Bodegas v OHIM – Bodegas Muga (aroa)
Community trade mark — Opposition procedure — Application for Community figurative mark aroa — Earlier national figurative mark Aro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal to register
Case T‑127/13 El Corte Inglés v OHIM – Baumarkt Praktiker Deutschland (PRO OUTDOOR)
Community trade mark — Opposition proceedings — Application for the Community word mark PRO OUTDOOR — Earlier Community figurative mark OUTDOOR garden barbecue camping — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Subject-matter of the proceedings before the Board of Appeal — Articles 60 and 64(1) of Regulation No 207/2009
Case T‑185/13 Continental Wind Partners v OHIM – Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)
Community trade mark — Opposition proceedings — Application for Community figurative mark CONTINENTAL WIND PARTNERS — Earlier international figurative mark Continental — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration
Case T‑34/11 Canon Europa v Commission
Action for annulment — Customs Union — Common Customs Tariff — Tariff and Statistical Nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those subheadings — Regulatory act entailing implementing measures — Inadmissible
Case T‑35/11 Kyocera Mita Europe v Commission
Actions for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those tariff subheadings — Regulatory act entailing implementing measures — Inadmissibility
Case T‑497/13 Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)
Community trade mark — Application for Community word mark PRECISION SPECTRA — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑354/12 Afepadi and Others v Commission
Action for annulment — Health claims made in the labelling and advertising of foods — Regulation (EU) No 432/2012 — Recitals 11, 14 and 17 — Act not amenable to review — Inadmissibility
Case T‑262/12 Central Bank of Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Lis pendens — Obligation to state reasons — Rights of the defence
Case T‑90/13 Herdade de S. Tiago II v OHIM – Polo/Lauren (V)
Community trade mark — Opposition proceedings — Application for the Community figurative mark V — Earlier Community, national and Benelux figurative marks representing a polo player — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑265/13 Polo/Lauren v OHIM – FreshSide (Representation of a boy on a bicycle holding a mallet)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a boy on a bicycle holding a mallet — Earlier Community and national figurative marks representing a polo player — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑267/13 El Corte Inglés v OHIM – Gaffashion (BAUSS)
Community trade mark — Opposition proceedings — Application for Community word mark BAUSS — Earlier Community figurative mark BASS3TRES — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of confusion
Case T‑103/14 R II Frucona Košice v Commission
Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Lack of any urgency — Prima facie case not made out
Joined Cases T‑196/11 and T‑542/12 Mikhalchanka v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Inclusion and retention of the applicant’s name on the list of persons concerned — Journalist — Action for annulment — Time-limit for instituting proceedings — Partial inadmissibility — Rights of the defence — Obligation to state reasons — Error of assessment
Case T-646/11 Ipatau v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Action for annulment — Time-limit for instituting proceedings — Admissibility — Obligation to state reasons — Rights of the defence — Error of assessment
Case T‑195/12 Nuna International v OHIM – Nanu-Nana Joachim Hoepp (nuna)
Community trade mark — Opposition proceedings — Application for the Community figurative mark nuna — Earlier Community word marks NANA and NANU-NANA — Relative ground for refusal — No likelihood of confusion — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑11/13 Tegometall International v OHIM – Irega (MEGO)
Community trade mark — Invalidity proceedings — Community word mark MEGO — Relative ground for refusal — Earlier opposition proceedings — No application of the principle of res judicata
Case T‑178/13 Jaczewski v Commission
Action for annulment — Agriculture — Interest in bringing proceedings — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T‑341/13 Groupe Léa Nature v OHIM – Debonair Trading Internacional (SO'BiO ētic)
Community trade mark — Opposition proceedings — Application for Community figurative mark SO’BiO ētic — Earlier Community and national word and figurative marks SO…? — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T‑493/12 Sanofi v OHIM – GP Pharm (GEPRAL)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark GEPRAL — Earlier international word mark DELPRAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑348/13 Kadhaf Al Dam v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Obligation to state reasons — Manifest error of assessment — Temporal adjustment of the effects of annulment — Non-contractual liability
Case T‑484/12 Cewe Stiftung v OHIM (SMILECARD)
Community trade mark — Application for Community word mark SMILECARD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑516/12 Ted-Invest v OHIM – Scandia Down (sensi scandia)
Community trade mark — Invalidity proceedings — Community figurative mark sensi scandia — Earlier Community word mark SCANDIA HOME — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T‑605/13 Alma-The Soul of Italian Wine v OHIM – Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
Community trade mark — Opposition proceedings — Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier Community word mark VIÑA SOL — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Duty to state reasons
Case T‑498/11 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Renovation of a website — Rejection of a tenderer’s tender — Award of contract to another tenderer — Action for annulment — Obligation to state reasons — Award criteria — Manifest errors of assessment — Claim for damages
Case T‑615/11 Royal Scandinavian Casino Århus v Commission
Action for annulment — State aid — Online games — Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms — Decision declaring the aid compatible with the internal market — Aid intended to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑490/12 Arnoldo Mondadori Editore v OHIM – Grazia Equity (GRAZIA)
Community trade mark — Opposition proceedings — Application for Community word mark GRAZIA — Earlier national figurative mark GRAZIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of similarity between the goods — Article 8(5) of Regulation No 207/2009 — Reputation — No link between the marks at issue
Case T‑222/13 B&S Europe v Commission
Public service contracts — Call for tenders — Short-term services in the exclusive interest of third countries benefiting from European Union external aid — Rejection of the application — Selection criteria — Contracts divided into tranches — Reference project — Duty to state reasons — Principle of sound administration — Legitimate expectations — Principle of impartiality — Audi alteram partem rule
Case T‑266/13 Brainlab v OHIM (Curve)
Community trade mark — Application for Community word mark Curve — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑629/13 Molda v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to a professional activity and to conduct a business — Right to property — Proportionality
Case T‑630/13 DK Recycling und Roheisen v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to conduct a business — Right to property — Proportionality
Case T‑631/13 Raffinerie Heide v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to conduct a business — Right to property — Proportionality
Case T‑634/13 Arctic Paper Mochenwangen v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules concerning the harmonised allocation of emission allowances free of charge as from 2013 — Decision 2011/278/EU — National implementation measures submitted by Germany — Clause on cases with undue hardship — Freedom to conduct a business — Right to property — Proportionality
Case T‑51/12 Scooters India v OHIM – Brandconcern (LAMBRETTA)
Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Partial revocation — Article 51(2) of Regulation (EC) No 207/2009
Case T‑132/12 Scooters India v OHIM – Brandconcern (LAMBRETTA)
Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T‑410/13 Bitiqi and Others v Commission and Others
Action for annulment — Common Foreign and Security Policy — ‘Rule of law’ mission conducted by the European Union in Kosovo (Eulex Kosovo) — Decisions of the head of the mission not to renew the employment contracts — Manifest lack of jurisdiction
October 2014
Case T‑177/12 Spraylat v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Proportionality
Language of the case: German
Case T‑39/13 Cezar v OHIM – Poli-Eco (Insert)
Community design — Invalidity proceedings — Registered Community design representing an insert — Earlier design — Novelty — Individual character — Visible features of a component part of a complex product — Assessment of the earlier design — Articles 3, 4, 5, 6 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: English
Case T‑534/11 Schenker v Commission
Access to documents — Regulation (EC) No 1049/2001 — Administrative file and final Commission decision concerning a cartel, non-confidential version of that decision — Refusal of access — Obligation to carry out a specific, individual examination — Exception relating to the protection of the commercial interests of a third party — Exception relating to protection of the purpose of investigations — Overriding public interest
Language of the case: German
Case T‑542/11 Alouminion v Commission
State aid — Aluminium — Preferential electricity tariff granted by contract — Decision declaring the aid unlawful and incompatible with the internal market — Termination of the contract — Judicial suspension, as an interim measure, of the effects of termination of the contract — New aid
Language of the case: Greek
Case T‑342/12 Fuchs v OHIM – Les Complices (Star within a circle)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a star within a circle — Earlier Community and national figurative marks representing a star within a circle — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation No 207/2009 — Revocation of the earlier Community mark — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate in part
Language of the case: English
Case T‑68/09 Soliver v Commission
Competition — Agreements, decisions and concerted practices — European market in carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Regulation (EC) No 1/2003 — Single and continuous infringement — Participation in the infringement
Language of the case: Dutch
Case T‑177/10 Alcoa Trasformazioni v Commission
State aid — Electricity — Preferential tariff — Decision declaring aid incompatible with the common market and ordering its recovery — Advantage — Obligation to state reasons — Amount of the aid — New aid
Language of the case: Italian
Joined Cases T‑208/11 and T‑508/11 LTTE v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict — Possibility for an authority of a non-member State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Need for a decision of a competent authority within the meaning of Common Position 2001/931
Language of the case: English
Case T‑291/11 Portovesme v Commission
State aid — Electricity — Preferential tariff — Decision declaring the aid incompatible with the internal market — Concept of State aid — New aid — Equal treatment — Reasonable period
Language of the case: Italian
Case T‑517/12 Alro v Commission
State aid — Electricity — Preferential tariffs — Decision to initiate the procedure under Article 108(2) TFEU — Action for annulment — Act not open to challenge — Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought — Inadmissibility
Language of the case: English
Case T‑327/13 Mallis and Malli v Commission and ECB
Actions for annulment — Programme of stability support for Cyprus — Euro Group statement on the restructuring of the banking sector in Cyprus — Mistaken designation of defendant in the application — Inadmissibility
Language of the case: Greek
Case T‑458/13 Larrañaga Otaño and Larrañaga Otaño v OHIM (GRAPHENE)
Community trade mark — Application for Community word mark GRAPHENE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: Spanish
Case T‑453/11 Szajner v OHIM – Forge de Laguiole (LAGUIOLE)
Community trademark — Invalidity proceedings — Community word mark LAGUIOLE — Earlier French business name Forge de Laguiole — Articles 53(1)(c) and 8(4) of Regulation (EC) No 207/2009
Language of the case: French
Case T‑429/13 Bayer CropScience v Commission
Intervention — Interest in the result of the case — Representative associations whose object is the protection of their members’ interests — Confidentiality
Language of the case: English
Case T‑29/11 Technische Universität Dresden v Commission
Arbitration clause — Programme of Community action in the field of public health — Contract for the funding of a project — Action for annulment — Debit note — Contractual nature of the dispute — Act not amenable to review — Inadmissibility — Reclassification of the action — Eligible costs
Language of the case: German
Information (on unpublished decisions)
Case T‑256/13 Italy v Commission
Social policy — Community action programmes in the field of youth — Partial reimbursement of the funding paid — Ineligibility of certain sums — Exceeding of the upper limit provided for in respect of a category of actions — Implementation by the national agencies of procedures to recover the sums wrongly used from the final beneficiaries
Case T‑263/13 Lausitzer Früchteverarbeitung v OHIM – Rivella International (holzmichel)
Community trade mark — Opposition proceedings — Application for the Community figurative mark holzmichel — Earlier international figurative marks Michel and Michel POWER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑340/07 RENV Evropaïki Dynamiki v Commission
Arbitration clause — Contract relating to Community financial support for a project in the framework of the ‘eContent’ programme — Termination of the contract by the Commission — Reimbursement of eligible costs
Case T‑199/12 Euro-Link Consultants and European Profiles v Commission
Public service contracts — Tender procedure — Crimean tourism diversification and support project — Rejection of the applicants’ tender — Action for annulment — Measure not amenable to review — Confirmatory measure — Partial inadmissibility — Obligation to state reasons — Award criteria — Manifest error of assessment — Misuse of powers — Equal treatment
Case T‑215/12 MPM-Quality and Eutech v OHIM – Elton Hodinářská (MANUFACTURE PRIM 1949)
Community trade mark — Invalidity proceedings — Community figurative mark MANUFACTURE PRIM 1949 — Earlier international and national marks PRIM — Bad faith — Article 165(4) of Regulation (EC) No 207/2009 — Articles 41 and 56 of Regulation No 207/2009 — Article 52(1)(b) of Regulation No 207/2009 — No genuine use of the earlier mark — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑531/12 Tifosi Optics v OHIM – Tom Tailor (T)
Community trade mark — Opposition proceedings — Application for Community figurative mark T — Earlier Community figurative mark T — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑300/12 Lidl Stiftung v OHIM – A Colmeia do Minho (FAIRGLOBE)
Community trade mark — Opposition proceedings — Application for Community figurative mark FAIRGLOBE — Earlier national word marks GLOBO — Relative ground for refusal — No proof of genuine use of the earlier marks — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95
Case T‑77/13 Laboratoires Polive v OHIM – Arbora & Ausonia (DODIE)
Community trade mark — Opposition proceedings — Application for Community word mark DODIE — Earlier national word mark DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter decisions
Cases T‑122/13 and T‑123/13 Laboratoires Polive v OHIM – Arbora & Ausonia (dodie)
Community trade mark — Opposition proceedings — Application for Community figurative mark dodie — Earlier national word marks DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑479/13 Marchiani v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of undue payments
Case T‑515/12 El Corte Inglés v OHIM – English Cut (The English Cut)
Community trade mark — Opposition proceedings — Application for Community word mark The English Cut — Earlier national word and Community figurative marks El Corte Inglés — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Connection between the signs — No similarity between the signs — Article 8(5) of Regulation No 207/2009
Case T‑262/13 Skysoft Computersysteme v OHIM – British Sky Broadcasting Group and Sky IP International (SKYSOFT)
Community trade mark — Opposition proceedings — Application for Community word mark SKYSOFT — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑308/11 Eurallumina v Commission
State aid — Electricity — Preferential rate — Decision declaring the aid incompatible with the internal market — Concept of State aid — New aid
Case T‑297/12 Evropaïki Dynamiki v Commission
Non-contractual liability — Public service contracts — Disclosure by the Commission to third parties of information allegedly harmful to the applicant’s reputation — Non-pecuniary loss — Sufficiently serious infringement of a legal rule conferring rights on individuals
Case T‑444/12 Novartis v OHIM – Tenimenti Angelini (LINEX)
Community trade mark — Opposition proceedings — Application for Community word mark LINEX — Earlier national word mark LINES PERLA — Relative ground for refusal — Likelihood of confusion — Article 76(1), in fine, of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009
Case T‑129/13 Alpiq RomIndustries and Alpiq RomEnergie v Commission
State aid — Electricity — Preferential tariffs — Decision to open the procedure laid down in Article 108(2) TFEU — Action for annulment — Act not subject to appeal — Aid measure implemented in full prior to the date on which the action was brought — Inadmissible
Case T‑297/13 Junited Autoglas Deutschland v OHIM – Belron Hungary (United Autoglas)
Community trade mark — Opposition proceedings — Application for the Community word mark United Autoglas — Earlier national figurative mark AUTOGLASS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑328/13 Tameio Pronoias Prosopikou Trapezis Kyprou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
Case T‑329/13 Chatzithoma and Chatzithoma v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
Case T‑330/13 Chatziioannou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
Case T‑331/13 Nikolaou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
Case T‑332/13 Christodoulou and Stavrinou v Commission and ECB
Action for annulment — Support programme for stability in Cyprus — Statement by the Eurogroup concerning the restructuring of the banking sector in Cyprus — Incorrect designation of the defendant in the application — Inadmissibility
Case T‑340/13 Federación Española de Hostelería v EACEA
Action for annulment — Lifelong learning programme — Contract concerning the ‘Virtual simulator for language training for tourism professionals (e-client)’ — Pre-information letter — Contractual nature of dispute — Act not subject to appeal — No reclassification of contract — Inadmissibility
Case T‑459/13 Larrañaga Otaño and Larrañaga Otaño v OHIM (GRAPHENE)
Community trade mark — Application for Community word mark GRAPHENE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑268/13 Italy v Commission
Failure to comply with a judgment of the Court establishing an infringement — Periodic penalty payment — Judgment quantifying the amount — Recovery obligation — Undertakings subject to insolvency proceedings — Subject of the insolvency proceedings at issue — Due diligence — Burden of proof
Case T‑692/13 SACBO v Commission and INEA
Action for annulment — Trans-European network — Action concerning the realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport (Italy) — Decision declaring certain costs advanced ineligible and demanding repayment of the corresponding amounts — Misidentification of the defendant — Partial inadmissibility
Case T‑695/13 ENAC v Commission and INEA
Action for annulment — Trans-European network — Action concerning the realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport (Italy) — Decision declaring certain costs advanced ineligible and demanding repayment of the corresponding amounts — Misidentification of the defendant — Partial inadmissibility
Case T‑706/14 R Holistic Innovation Institute v REA
Application for interim measures — Projects funded by the European Union in the field of research and technological development — Decision refusing participation in certain projects — Application for suspension of operation — Disregard of formal requirements — Inadmissibility
Case T‑543/12 Grau Ferrer v OHIM – Rubio Ferrer (Bugui va)
Community trade mark — Opposition proceedings — Application for the figurative Community mark Bugui va — Earlier national figurative mark Bugui and earlier Community figurative mark BUGUI — Relative ground for refusal — Rejection of the opposition — Article 76(2) of Regulation (EC) No 207/2009 — Existence of the earlier mark — Evidence presented in support of the opposition before the Board of Appeal not taken into account — Board of Appeal’s discretion — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1), second paragraph, point (a) of Regulation No 207/2009 — Genuine use of the earlier mark — Form differing in elements which do not alter the distinctive character
Case T‑703/14 R Diktyo Amyntikon Viomichanion Net v Commission
Interim proceedings — Grant agreements — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Debit note addressed to a contracting party — Application for suspension of operation of a measure — Case not suitable for the adoption of interim relief
November 2014
Case T‑362/10 Vtesse Networks v Commission
State aid — Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region — Decision declaring the aid compatible with the internal market — Article 107(3)(c) TFEU — Action for annulment — No substantial effect on the competitive position — Locus standi — Procedural rights of the interested parties — Partial inadmissibility — No doubts which justify initiating the formal investigation procedure
Language of the case: English
Case T‑422/11 Computer Resources International (Luxembourg) v Commission
Public service contracts — Tendering procedure — Provision of computer services for software development and maintenance, consultancy and assistance for different types of information technology applications — Rejection of a tenderer’s bid — Abnormally low tender — Article 139(1) of Regulation (EC, Euratom) No 2342/2002 — Obligation to state reasons — Choice of legal basis — Misuse of powers
Language of the case: English
Joined Cases T‑307/12 and T‑408/13 Mayaleh v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Functions of the Governor of the Central Bank of Syria — Actions for annulment — Communication of an act imposing restrictive measures — Time-limit for bringing proceedings — Admissibility — Rights of the defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to private and family life — Application of restrictions on entry to a national of a Member State — Freedom of movement for citizens of the Union
Language of the case: French
Case T‑53/13 Vans v OHIM (Representation of a wavy line)
Community trade mark — Application for the Community figurative mark representing a wavy line — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 76 of Regulation No 207/2009 — Article 75 of Regulation No 207/2009
Language of the case: English
Case T‑219/10 Autogrill España v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery — Concept of State aid — Selective nature — Identification of a category of undertakings favoured by the measure — Absence — Infringement of Article 87(1) EC
Language of the case: Spanish
Case T‑399/11 Banco Santander and Santusa v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery — Concept of State aid — Selective nature — Identification of a category of undertakings favoured by the measure — Absence — Infringement of Article 107(1) TFEU
Language of the case: Spanish
Case T‑228/12 AJ DD v Council
Legal aid — Application lodged before an action for annulment had been brought — Restrictive measures taken in respect of certain officials of Belarus
Language of the case: English
Case T‑289/13 Ledra Advertising v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Language of the case: English
Case T‑20/14 Nguyen v Parliament and Council
Actions for annulment — Reform of the Staff Regulations of Officials of the European Union and the Conditions of Employment of other Servants of the Union — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Lack of individual concern — Non-contractual liability — Causal link — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: French
Case T‑524/11 Volvo Trademark v OHIM – Hebei Aulion Heavy Industries (LOVOL)
Community trade mark — Opposition proceedings — Application for Community figurative mark LOVOL — Earlier Community word and figurative marks and earlier national figurative marks VOLVO — Relative ground for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑481/11 Spain v Commission
Agriculture — Common organisation of the markets — Fruit and vegetables sector — Citrus fruits — Action for annulment — Confirmatory measure — New and substantial facts — Admissibility — Conditions for marketing — Provisions concerning marking — Indications of preserving agents or other chemical substances used in post-harvest processing — Standard recommendations adopted by the United Nations Economic Commission for Europe
Language of the case: Spanish
Case T‑653/11 Jaber v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Legal interest in bringing proceedings — Burden of proof — Adjustment of temporal effects of annulment
Language of the case: French
Joined Cases T‑303/06 RENV and T‑337/06 RENV UniCredit v OHIM
Community trade mark — Opposition proceedings — Applications for Community word marks UNIWEB and UniCredit Wealth Management — Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS — Relative ground for refusal — Likelihood of confusion — Series or family of trade marks — Likelihood of association — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Applications for annulment and alteration brought by the intervener — Article 134(3) of the Rules of Procedure
Language of the case: Italian
Case T‑450/09 Simba Toys v OHIM – Seven Towns (Shape of a cube with surfaces that have a grid structure)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Cube with surfaces having a grid structure — Absolute grounds for refusal — First sentence of Article 76(1) of Regulation (EC) No 207/2009 — No sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) — No sign consisting exclusively of the shape which results from the nature of the goods themselves — Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) — No sign consisting exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) — Distinctive character — Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) — No descriptive character — Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009
Language of the case: English
Case T‑384/11 Safa Nicu Sepahan v Council
Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Error of assessment — Right to effective judicial protection — Claim for damages
Language of the case: English
Case T‑402/13 Orange v Commission
Competition — Administrative procedure — Decision ordering an inspection — Proportionality — Appropriateness — Necessity — Not arbitrary — Statement of reasons
Language of the case: French
Case T‑272/12 Energetický a průmyslový and EP Investment Advisors v Commission
Competition — Administrative procedure — Decision finding a refusal to submit to an inspection and imposing a fine — Article 23(1)(c) of Regulation (EC) No 1/2003 — Presumption of innocence — Rights of the defence — Proportionality — Obligation to state reasons
Language of the case: English
Case T‑240/13 Aldi Einkauf v OHIM – Alifoods (Alifoods)
Community trade mark — Opposition proceedings — Application for Community figurative mark Alifoods — Earlier international and Community word marks ALDI — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95
Language of the case: German
Case T‑517/09 Alstom v Commission
Competition — Agreements, decisions and concerted practices — Market in power transformers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Effect on trade between Member States — Concept of an ‘undertaking’ — Imputability of the infringing conduct — Presumption of a parent company’s actual exercise of a decisive influence on the conduct of its subsidiary — Duty to state reasons
Language of the case: French
Case T‑521/09 Alstom Grid v Commission
Competition — Agreements, decisions and concerted practices — Market in power transformers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market sharing agreement — 2002 Commission Leniency Notice — Immunity from fines — Legitimate expectations — Obligation to state reasons
Language of the case: French
Information (on unpublished decisions)
Case T‑90/14 Secolux v Commission and CdT
Action for annulment and for compensation — Public supply contracts — Tender procedure — Safety Checks — Rejection of a tenderer’s tender — Misidentification of the defendant — Partial manifest inadmissibility
Case T‑632/11 Greece v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Single payment entitlements scheme — Loyal cooperation — Fairness — Proportionality — National reserve — Award criteria — Flat-rate financial correction — Risk for the Fund — Regulation (EC) No 1493/1999 — Wine sector — Distillation schemes and schemes for payments for the use of certain musts — Aid for restructuring and for the conversion of vineyards
Case T‑283/12 FIS'D v Commission
Erasmus Mundus action programme — Framework partnership agreement — Specific grant agreement — EACEA decision to rescind the framework agreement and amend the specific agreement — Administrative appeal before the Commission — Commission decision dismissing the administrative appeal as unfounded — Infringement of the agreements and the administrative and financial manual
Case T‑463/12 Popp and Zech v OHIM – Müller-Boré & Partner (MB)
Community trade mark — Opposition proceedings — Application for the Community word mark MB — Earlier Community figurative mark MB&P — Genuine use of the earlier mark — Article 42(2) and Article 15(1) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑17/13 ANKO v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Contract concerning the Pocemon project — Repayment of the sums advanced — Letter giving notice of the issue of a debit note — Reminder letter — Lack of interest in bringing proceedings — Inadmissibility
Case T‑64/13 ANKO v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Contract concerning the Doc@Hand project — Repayment of the sums advanced — Letter giving notice of the issue of a debit note — Lack of interest in bringing proceedings — Inadmissibility
Case T‑567/12 Kaatsu Japan v OHIM (KAATSU)
Community trade mark — Application for Community word mark KAATSU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75, second sentence, of Regulation No 207/2009
Case T‑506/13 Urb Rulmenti Suceava v OHIM – Adiguzel (URB)
Community trade mark — Invalidity proceedings — Community word mark URB — Earlier national collective word mark URB and earlier national collective figurative mark URB — Absolute ground for refusal — No bad faith on the part of the proprietor of the Community trade mark — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No authorisation by the proprietor of the earlier marks — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 — No breach of Article 72 of Regulation No 207/2009
Case T‑290/13 CMBG v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑291/13 Eleftheriou and Others v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑292/13 Evangelou and Evangelou v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑293/13 Theophilou and Theophilou v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑294/13 Fialtor v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑27/14 Czech Republic v Commission
Action for annulment — Internal market in natural gas — Article 22 of Directive 2003/55 EC — Letter from the Commission requesting a regulatory authority to annul its decision relating to the grant of a derogation — Measure not subject to review — Inadmissibility
Case T‑22/14 Bergallou v Parliament and Council
Action for annulment — Reform of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union — Less favourable scheme for lump sum payment of travel expenses and increase of annual leave by additional days off for travelling time — No individual concern — Non-contractual liability — Causal link — Appeal in part manifestly inadmissible and in part unfounded in law
Case T‑23/14 Bos and Others v Parliament and Council
Action for annulment — Reform of the Staff Regulations of Officials of the European Union and of the Conditions of Employment of Other Servants of the European Union — Substantial reduction in the number of days of annual leave for officials and other servants serving in a non-member country — Lack of individual concern — Manifest inadmissibility
Case T‑525/11 Volvo Trademark v OHIM – Hebei Aulion Heavy Industries (LOVOL)
Community trade mark — Opposition proceedings — Application for Community figurative mark LOVOL — Earlier Community word and figurative marks and earlier national figurative marks VOLVO — Relative ground for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Case T‑504/12 Murnauer Markenvertrieb v OHIM (NOTFALL CREME)
Community trade mark — Application for Community figurative trade mark NOTFALL CREME — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑188/13 Murnauer Markenvertrieb v OHIM – Healing Herbs (NOTFALL)
Community trade mark — Invalidity proceedings — Community word mark NOTFALL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑549/10 Natura Selection v OHIM – Afoi Anezoulaki (natur)
Community trade mark — Opposition proceedings — Application for the Community word mark natur — Earlier application for the figurative mark natura — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑654/11 Kaddour v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Locus standi — Burden of proof — Adjustment of temporal effects of annulment
Case T‑43/12 Hamcho and Hamcho International v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Locus standi — Burden of proof — Adjustment of temporal effects of annulment
Case T‑40/14 Electrabel and Dunamenti Erőmű v Commission
Action for damages — Aid awarded by the Hungarian authorities to certain electricity generators — Decision declaring the aid incompatible with the internal market and ordering its recovery — Limitation period — Inapplicability of Article 102(2) of the Rules of Procedure of the General Court — Concept of continuous damage — Inadmissibility
Case T‑510/12 Conrad Electronic v OHIM – British Sky Broadcasting Group and Sky IP International (EuroSky)
Community trade mark — Opposition proceedings — Application for Community word mark EuroSky — Earlier Community word mark SKY — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑50/13 Think Schuhwerk v OHIM – Müller (VOODOO)
Community trade mark — Invalidity proceedings — Community word mark VOODOO — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c)of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
Case T‑308/13 Repsol v OHIM – Adell Argiles (ELECTROLINERA)
Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑394/13 Photo USA Electronic Graphic v Council
Dumping — Imports of ceramic tableware and kitchenware originating in the People’s Republic of China — Definitive anti-dumping duty — Definition of the product concerned
Case T‑484/13 Lumene v OHIM (THE YOUTH EXPERTS)
Community trade mark — Application for Community word mark THE YOUTH EXPERTS — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Examination as to the merits conditional on the admissibility of the action — First sentence of Article 59 of Regulation No 207/2009
Cases T‑40/12 and T‑183/12 European Dynamics Luxembourg and Evropaïki Dynamiki v Europol
Public service contracts — Tender procedure — Provision of information technology services relating to a document management system and a corporate Intranet portal– Rejection of a tenderer’s bid– Obligation to state reasons — Equal treatment — Transparency — Proportionality — Non-contractual liability
Case T‑223/12 Ntouvas v ECDC
Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service — Refusal of access — Obligation to state reasons — Obligation to undertake a concrete, individual examination — Overriding public interest
Case T‑138/13 Evonik Oil Additives v OHIM – BRB International (VISCOTECH)
Community trade mark — Opposition proceedings — Application for Community word mark VISCOTECH — Earlier national and international word marks VISCOPLEX — Evidence of the territorial extent and validity of an earlier international trade mark — Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑344/13 Out of the blue v OHIM – Dubois and Another (FUNNY BANDS)
Community trade mark — Opposition proceedings — Application for the Community word mark FUNNY BANDS — Earlier national trade name FUNNY BANDS — Earlier national Internet domain name ‘www.funny-bands.com’ — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Use of a sign in the course of trade of more than mere local significance — Article 76(2) of Regulation No 207/2009 — Rejection of the opposition
Case T‑697/13 Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)
Community trade mark — Application for Community word mark MAKING LIFE BETTER AT WORK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly unfounded in law and in part manifestly inadmissible
Joined Cases T‑426/10 and T‑575/10 and Case T‑440/12 Moreda-Riviere Trefilerías v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
Joined Cases T‑427/10 and T‑576/10 and Case T‑439/12 Trefilerías Quijano v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
Joined Cases T‑428/10 and T‑577/10 and Case T‑441/12 Trenzas y Cables de Acero v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
Joined Cases T‑429/10 and T‑578/10 and Case T‑438/12 Global Steel Wire v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
Case T‑512/11 Ryanair v Commission
State aid — Aviation sector — Irish air travel tax — Exemption for transit and transfer passengers — Decision finding no State aid — Failure to open the formal investigation procedure — Serious difficulties — Procedural rights of parties concerned
Case T‑374/12 Brouwerij Van Honsebrouck v OHIM – Beverage Trademark (KASTEEL)
Community trade mark — Opposition procedure — International registration covering the European Community –– Figurative mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T‑375/12 Brouwerij Van Honsebrouck v OHIM – Beverage Trademark (KASTEEL)
Community trade mark — Opposition procedure — International registration covering the European Community –– Word mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T‑394/12 Alfastar Benelux v Council
Public service contracts — Tender procedure — Technical maintenance and help desk and on-site intervention services for the personal computers, printers and peripherals of the General Secretariat of the Council — Rejection of a tenderer’s bid and award of contract to another tenderer — Decision taken following the annulment by the General Court of an earlier decision — Action for damages
Case T‑556/12 Royalton Overseas v OHIM – S.C. Romarose Invest (KAISERHOFF)
Community trade mark — Opposition proceedings — Application for Community figurative mark KAISERHOFF — Earlier national word mark KAISERHOFF — Suspension of the administrative proceedings — Rules 20 and 50 of Regulation (EC) No 2868/95 — ‘Examination of the facts by the Office of its own motion’ — Article 76(1) of Regulation (EC) No 207/2009
Case T‑556/13 Verband der Kölnisch-Wasser Hersteller v OHIM (Original Eau de Cologne)
Community trade mark — Application for the Community collective word mark Original Eau de Cologne — Absolute grounds for refusal — Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009
Case T‑171/14 Léon Van Parys v Commission
Action for annulment — Customs union — Commission letter informing of continued suspension of time-limit for dealing with an application for remission of customs duties — Application for a ruling — Lack of competence of the General Court — No interest in bringing proceedings — Manifest inadmissibility
Case T‑153/11 Zenato Azienda Vitivinicola and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (ZENATO RIPASSA)
Community trade mark — Opposition proceedings — Application for Community word mark ZENATO RIPASSA — Earlier national word mark RIPASSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑154/11 Zenato Azienda Vitivinicola and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Ripassa ZENATO)
Community trade mark — Opposition proceedings — Application for Community figurative mark Ripassa ZENATO — Earlier national word mark RIPASSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑173/11 Hesse and Lutter & Partner v OHIM – Porsche (Carrera)
Community trade mark — Opposition proceedings — Application for Community word mark Carrera — Earlier Community and national word marks CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009 — Partial substitution of a party to the proceedings
Case T‑674/14 R SEA v Commission
Application for interim measures — State aid — Obligation to recover aid granted by the public operator of an airport to a subsidiary management company — Liquidation of the company — Creation of a new management company — Commission decision to initiate a formal State aid investigation procedure in order to assess the existence of any economic continuity between the two companies — Application for suspension of operation of a measure — Manifest inadmissibility of the main application — Inadmissibility — Lack of urgency
Case T‑688/14 R Airport Handling v Commission
Application for interim measures — State aid — Obligation to recover aid granted by the public operator of an airport to a subsidiary company responsible for management services — Subsidiary company put into liquidation — Setting up of a new company responsible for management services — Commission decision to initiate the State aid formal investigation procedure in order to examine whether there is an economic continuity between the two companies — Application for suspension of operation of a measure — Manifest inadmissibility of the main action — Inadmissibility — Lack of urgency
December 2014
Case T-661/11 Italy v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Milk products — Assigned revenue — Key controls — Lateness — Flat-rate financial correction — Legal basis — Article 53 of Regulation (EC) No 1605/2002 — Recurrence
Language of the case: Italian
Case T‑57/11 Castelnou Energía v Commission
State aid — Electricity — Compensation for additional production costs –Public service obligation to produce certain volumes of electricity from indigenous coal — Preferential dispatch mechanism — Decision not to raise objections — Decision declaring the aid compatible with the internal market — Action for annulment — Individual concern — Significant effect on a competitive position — Admissibility — Failure to initiate formal investigation procedure — Serious difficulties — Service of general economic interest — Security of electricity supply — Article 11(4) of Directive 2003/54/EC — Free movement of goods — Protection of the environment — Directive 2003/87/EC
Language of the case: Spanish
Case T‑199/14 R Vanbreda Risk & Benefits v Commission
Application for interim measures — Public service contracts — Tendering procedure — Supply of insurance services for property and persons — Rejection of a tender — Application for suspension of operation — Admissibility — Prima facie case — Urgency — Balancing of interests
Language of the case: French
Cases T‑472/09 and T‑55/10 SP v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Misuse of powers and abuse of procedure — Fines — Ceiling laid down by Article 23(2) of Regulation No 1/2003 — Actions for annulment — Amending decision — Inadmissibility
Language of the case: Italian
Case T‑91/10 Lucchini v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Rights of the defence — Fines — Gravity and duration of the infringement — Mitigating circumstances — Taking account of an annulment judgment in a related case
Language of the case: Italian
Case T‑278/12 Inter-Union Technohandel v OHIM – Gumersport Mediterranea de Distribuciones (PROFLEX)
Community trade mark — Opposition proceedings — Application for the Community figurative mark PROFLEX — Earlier national word mark PROFEX — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Language of the case: English
Case T‑307/13 Capella v OHIM – Oribay Mirror Buttons (ORIBAY)
Community trade mark — Revocation proceedings — Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry — Admissibility of the application for revocation
Language of the case: Spanish
Case T‑90/11 ONP and Others v Commission
Competition — Agreements, decisions and concerted practices — French market for clinical laboratory tests — Decision finding an infringement of Article 101 TFEU — Association of undertakings — Professional association — Subject-matter of the inspection and the investigation — Conditions for the application of Article 101 TFEU — Infringement by object — Minimum price and barriers to the development of groups of laboratories — Single and continuous infringement — Proof — Errors of assessment of fact and errors of law — Point 37 of the 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: French
Case T‑283/08 P-DEP Longinidis v Cedefop
Procedure — Taxation of costs — Lawyers’ fees — Representation of an EU body by a lawyer — Flat rate of remuneration — Agent’s travel and subsistence expenses — Translation costs — Recoverable costs — Applicant’s financial situation
Language of the case: Greek
Case T‑10/09 RENV Formula One Licensing v OHIM
Community trade mark — Opposition proceedings — Application for the Community figurative mark F1-LIVE — Earlier Community figurative mark F1 and national and international word marks F1 Formula 1 — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Language of the case: English
Case T‑251/11 Austria v Commission
State aid — Electricity — Aid for energy-intensive businesses — Austrian Green Electricity Act — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Imputability to the State — Selectivity — General regulation on exemption by category — Misuse of powers — Equal treatment
Language of the case: German
Case T‑235/12 CEDC International v OHIM – Underberg (Shape of a blade of grass in a bottle)
Community trade mark — Opposition proceedings — Application for three-dimensional Community mark — Shape of a blade of grass in a bottle — Earlier national three-dimensional mark — Genuine use of the earlier mark — Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 — Production of evidence for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation No 207/2009 — Obligation to state reasons
Language of the case: German
Case T‑480/12 Coca-Cola v OHIM – Mitico (Master)
Community trade mark — Opposition proceedings — Application for Community figurative mark Master — Earlier Community figurative marks Coca-Cola and earlier national figurative mark C — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Similarity of the signs — Evidence relating to the commercial use of the mark applied for
Language of the case: English
Case T‑102/13 Heli-Flight v EASA
Civil aviation — Application for approval of flight conditions for a Robinson R66 helicopter — Rejection by EASA — Actions for annulment — Scope of review by the Board of Appeal — Scope of review by the General Court — Actions for failure to act — Non-contractual liability
Language of the case: German
Case T‑330/14 P Jelenkowska-Luca v Commission
Appeals — Civil service — Officials — Appeal lodged in a different language to that in which the Civil Service Tribunal judgment under appeal was drafted — Appeal manifestly inadmissible
Language of the case: Polish
Case T‑551/08 H&R ChemPharm v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — 2006 Guidelines on the method of setting fines — Reference period — Calculation of the value of sales — Gravity of the infringement — Concentration occurring during the infringement period — Equal treatment — Proportionality
Language of the case: German
Case T‑558/08 Eni v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — 2006 Guidelines on the method of setting fines — Equal treatment — Aggravating circumstances — Repeated infringement — Obligation to state reasons — Mitigating circumstances — Substantially limited participation — Infringement committed as a result of negligence — Rights of the defence — Unlimited jurisdiction
Language of the case: Italian
Case T‑487/11 Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission
State aid — Financial sector — Bank loan backed by a State guarantee — Aid intended to remedy a serious disturbance in the economy of a Member State — Article 107(3)(b) TFEU — Decision declaring the aid to be incompatible with the internal market — Guidelines on State aid to rescue and restructure distressed undertakings — Compliance with the Commission’s notices concerning aid to the financial sector in the current financial crisis — Legitimate expectations — Obligation to state reasons
Language of the case: Portuguese
Case T‑643/11 Crown Equipment (Suzhou) and Crown Gabelstapler v Council
Dumping — Imports of hand pallet trucks and their essential parts originating in China — Review — Article 11(2) of Regulation (EC) No 1225/2009 — Rights of defence — Error of fact — Manifest error of assessment — Obligation to state reasons
Language of the case: English
Case T‑400/10 Hamas v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Need for a decision of a competent authority for the purpose of Common Position 2001/931 — Obligation to state reasons — Temporal adjustment of the effects of an annulment
Language of the case: French
Case T‑201/11 Si.mobil v Commission
Competition — Abuse of dominant position — Slovenian mobile telephone services market — Decision rejecting a complaint — Case being dealt with by the competition authority of a Member State — No EU interest
Language of the case: English
Information (on unpublished decisions)
Case T‑75/13 Boehringer Ingelheim Pharma v OHIM – Nepentes Pharma (Momarid)
Community trade mark — Opposition proceedings — Application for the Community word mark Momarid — Earlier Community word mark LONARID — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relevant public — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑272/13 Max Mara Fashion Group v OHIM – Mackays Stores (M & Co.)
Community trade mark — Opposition proceedings — Application for Community figurative mark M&Co. — Earlier Community and national figurative marks MAX&Co. — Earlier national word mark MAX&CO. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑165/13 Talanton v Commission
Arbitration clause — Pocemon and Perform contracts concluded as part of the Seventh Framework Programme for research, technological development and demonstration (2007-2013) — Eligible costs — Repayment of sums paid — Audit report — No interest in bringing proceedings — Interest in seeking a declaration — Inadmissibility
Joined Cases T‑494/13 and T‑495/13 Sales & Solutions v OHIM – Inceda (watt and Watt)
Community trade mark — Invalidity proceedings — Community figurative trade mark Watt and Community word mark Watt — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑595/13 BSH v OHIM – LG Electronics (compressor technology)
Community trade mark — Opposition proceedings — Application for Community figurative mark compressor technology — Earlier national word marks KOMPRESSOR — Relative ground for refusal — Partial refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑652/14 R AF Steelcase v OHIM
Interim measures — Public procurement — Supply and installation of furniture — Rejection of a submitted tender — Application for suspension of operation — No prima facie case
Case T‑355/14 R STC v Commission
Interim measures — Public services contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of tender submitted by a tenderer — Application for interim measures — Prima facie case not made out
Cases T‑489/09, T‑490/09 and T‑56/10 Leali and Acciaierie e Ferriere Leali Luigi v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Misuse of powers and abuse of procedure — Fines — Duration of the infringement — Proportionality — Limitation period — Action for annulment — Amending decision — Inadmissibility
Case T‑69/10 IRO v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Investigation of the case — Definition of the market — Infringement of Article 65 CS — Fines — Extenuating circumstances — Proportionality
Case T‑70/10 Feralpi v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Lack of competence — Legal basis — Infringement of the rights of the defence — Principles of sound administration, proportionality and equality of arms — Criteria for attributing liability — Definition of the market — Infringement of Article 65 CS — Fines — Limitation period — Gravity — Duration
Case T‑83/10 Riva Fire v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Competence of the Commission — Legal basis — Consultation of the Advisory Committee on Restrictive Practices and Monopolies — Rights of the defence — Definition of the geographical market — Application of the principle of lex mitior — Infringement of Article 65 CS — Fines — Gravity and duration of the infringement — Extenuating circumstances — Proportionality — Application of the 1996 Leniency Notice
Case T‑85/10 Alfa Acciai v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Misuse of powers — Rights of the defence — Single and continuous infringement — Fines — Fixing of the starting amount — Extenuating circumstances — Duration of the administrative procedure
Case T‑90/10 Ferriere Nord v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Competence of the Commission — Rights of the defence — Finding of an infringement — Fines — Repeated infringements — Extenuating circumstances — Cooperation — Unlimited jurisdiction
Case T‑92/10 Ferriera Valsabbia and Valsabbia Investimenti v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Misuse of powers — Rights of the defence — Single and continuous infringement — Fines — Fixing of the starting amount — Extenuating circumstances — Duration of the administrative procedure
Case T‑438/11 BelTechExport v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard
Case T‑439/11 Sport-pari v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑440/11 BT Telecommunications v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑441/11 Peftiev v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑140/13 Netherlands Maritime Technology Association v Commission
State aid — Spanish scheme of early depreciation of certain assets acquired through financial leasing — Decision finding no State aid — Formal investigation procedure not initiated — Serious difficulties — Circumstances and length of the preliminary examination — Insufficient and incomplete examination
Case T‑176/13 DTL Corporación v OHIM – Vallejo Rosell (Generia)
Community trade mark — Opposition proceedings — Application for Community word mark Generia — Earlier Community figurative mark Generalia generación renovable — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 63(2) and Article 75 of Regulation No 207/2009
Case T‑519/13 Leder & Schuh International v OHIM – Epple (VALDASAAR)
Community trade mark — Opposition proceedings — Application for Community word mark VALDASAAR — Earlier Community word mark Val d’Azur — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑605/11 Novartis v OHIM – Dr Organic (BIOCERT)
Community trade mark — Opposition proceedings — Application for the Community word mark BIOCERT — Earlier national word mark BIOCEF — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑476/12 Saint-Gobain Glass Deutschland v Commission
Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents relating to installations of the applicant situated in Germany and concerned by the scheme for greenhouse gas emission allowance trading — Partial refusal of access — Environmental information — Second sentence of Article 6(1) of Regulation No 1367/2006 — Exception relating to protection of the decision-making process — Documents originating from a Member State — Objection by the Member State — Article 4(3) and (5) of Regulation No 1049/2001
Case T‑12/13 Sherwin-Williams Sweden v OHIM – Akzo Nobel Coatings International (ARTI)
Community trade mark — Opposition proceedings — Application for Community trade mark ARTI — Earlier Benelux word mark ARTITUDE and international registration of the earlier Benelux trade mark ARTITUDE — Refusal to register — Likelihood of confusion — Similarity of the signs — Identical or highly similar goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑189/13 PP Nature-Balance Lizenz v Commission
Medicinal products for human use — Active substance tolperisone — Article 116 of Directive 2001/83/EC — Commission decision ordering the Member States to vary the national marketing authorisations for medicinal products for human use containing the active substance at issue — Burden of proof — Proportionality
Case T‑440/13 "Millano" Krzysztof Kotas v OHIM (Shape of a box of chocolates)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a box of chocolates — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑498/13 Nanu-Nana Joachim Hoepp v OHIM – Vincci Hoteles (NAMMU)
Community trade mark — Invalidity proceedings — Community word mark NAMMU — Relative ground for refusal — Proof of genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 and Rule 22(2) to (4) of Regulation (EC) No 2868/95
Case T‑618/13 Oracle America v OHIM – Aava Mobile (AAVA CORE)
Community trade mark — Opposition proceedings — Application for Community word mark AAVA CORE — Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — No similarity of the signs — Article 8(5) of Regulation No 207/2009
Case T‑712/13 Monster Energy v OHIM (REHABILITATE)
Community trade mark — Application for Community word mark REHABILITATE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑544/08 Hansen & Rosenthal and H&R Wax Company Vertrieb v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Decision finding an infringement of Article 81 EC — Price fixing — Proof of the infringement — 2006 Guidelines for calculating the amount of fines — Rights of the defence — Calculation of the value of sales — Gravity of the infringement — No retroactivity — Equal treatment — Proportionality
Case T‑550/08 Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Coordination and price increases — Price fixing — 2006 Guidelines for calculating the amount of fines — Rights of the defence — Proof of the infringement — Limitation
Case T‑562/08 Repsol Lubricantes y Especialidades and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Decision finding an infringement of Article 81 EC — Price fixing and division of markets — Proof of the existence of the agreement — Duration of the infringement — 2006 Guidelines for calculating the amount of fines — Equal treatment — Presumption of innocence — Whether unlawful conduct attributable — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption in the case of a 100% shareholding
Case T‑269/11 Xeda International v Commission
Plant protection products — Active substance ethoxyquin — Non-inclusion in Annex I to Directive 91/414/EEC — Withdrawal of authorisations for plant protection products containing that substance — Regulation (EC) No 2229/2004 — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Rights of the defence — Proportionality — Legitimate expectations
Case T‑105/13 Ludwig Schokolade v OHIM – Immergut (TrinkFix)
Community trade mark — Opposition proceedings — Application for the Community word mark TrinkFix — Earlier national and Community word marks Drinkfit — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T‑173/13 Selo Medical v OHIM – biosyn Arzneimittel (SELOGYN)
Community trade mark — Opposition proceedings — Application for Community word mark SELOGYN — Earlier national word mark SELESYN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal to register
Case T‑405/13 Comptoir d'Épicure v OHIM – A-Rosa Akademie (da rosa)
Community trade mark — Opposition proceedings — Application for international registration designating the European Community — Figurative mark da rosa — Earlier Community word mark aROSA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
Case T‑591/13 Groupe Canal + and Canal + France v OHIM – Euronews (News+)
Community trade mark — Opposition proceedings — Application for the Community word mark News+ — Earlier national word mark ACTU+ — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑601/13 Wilo v OHIM (Pioneering for You)
Community trade mark — Application for Community word mark Pioneering for You — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑43/14 Heidrick & Struggles International v OHIM (THE LEADERSHIP COMPANY)
Community trade mark — Application for Community word mark THE LEADERSHIP COMPANY — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑532/14 Alsharghawi v Council
Action for annulment — Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Period allowed for commencing proceedings — Starting point — Inadmissibility
Case T‑168/11 AQ v Parliament
Action for compensation — Compensation for damage suffered by the applicant following the decision of the Parliament to take no further action on his petition — Request to initiate an inquiry into alleged irregularities in proceedings before the European Court of Human Rights — Manifest inadmissibility
Case T‑672/14 R August Wolff and Remedia v Commission
Application for interim measures — Marketing authorisation for medicinal products for human use — Application for suspension of operation of a measure — Lack of urgency
Case T‑72/09 Pilkington Group and Others v Commission
Competition — Agreements, decisions and concerted practices — European market in carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Fines — Rights of defence –– Retroactive application of the 2006 Guidelines on the method of setting fines — Value of sales — Passive or minor role — Deterrent effect of the fine — Taking into account fines previously imposed — Ceiling of the fine — Exchange rate for the calculation of the ceiling of the fine
Case T‑344/14 Lidl Stiftung v OHIM (Deluxe)
Community trade mark — Application for figurative Community mark Deluxe — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑407/13 Al Assad v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Inclusion of an individual on the lists of targeted persons — Personal connections with members of the regime — Rights of the defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy — Principle of res judicata — Inadmissibility — Manifest inadmissibility — Action devoid of legal foundation
January 2015
Case T‑127/09 RENV Abdulrahim v Council and Commission
Referral back after setting aside of order — Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person named in a list drawn up by a body of the United Nations — Naming of that person in the list in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Admissibility — Period allowed for commencing proceedings — Exceeded — Excusable error — Fundamental rights — Rights of the defence — Right to effective judicial protection — Right to respect for property — Right to respect for private and family life
Language of the case: English
Case T‑507/13 SolarWorld and Others v Commission
Actions for annulment — Dumping — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from China — Acceptance of an undertaking offered in connection with the anti‑dumping proceeding — Community industry — Absence of direct concern — Inadmissibility
Language of the case: English
Case T‑1/12 France v Commission
State aid — Aid for rescuing and restructuring firms in difficulty — Restructuring aid which the French authorities proposed to grant to SeaFrance SA — Increase in capital and loans granted by the SNCF to SeaFrance — Decision declaring the aid incompatible with the internal market — Concept of State aid — Private investor test — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: French
Case T‑197/13 MEM v OHIM (MONACO)
Community trade mark — International registration designating the European Community — Word mark MONACO — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 151(1) and Article 154(1) of Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) and Article 7(2) of Regulation No 207/2009 — Partial refusal of protection
Language of the case: French
Case T‑355/13 easyJet Airline v Commission
Competition — Abuse of a dominant position — Airport services market — Decision rejecting a complaint — Article 13(2) of Regulation (EC) No 1/2003 — Case dealt with by a competition authority of a Member State — Rejection of the complaint on priority grounds — Decision of the competition authority drawing conclusions, in competition law, from an investigation conducted under national legislation applicable to the sector in question — Obligation to state reasons
Language of the case: English
Case T‑140/12 Teva Pharma and Teva Pharmaceuticals Europe v EMA
Medicinal products for human use — Orphan medicinal products — Application for marketing authorisation for the generic version of the orphan medicinal product imatinib — EMA decision refusing to validate the application for marketing authorisation — Market exclusivity
Language of the case: English
Case T‑488/13 GEA Group v OHIM (engineering for a better world)
Community trade mark — Time-limit for instituting proceedings — Point from which time starts to run — Notification of the decision of the Board of Appeal by fax — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
Language of the case: German
Case T‑341/12 Evonik Degussa v Commission
Competition — Administrative procedure — European market for hydrogen peroxide and perborate — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information supplied to the Commission pursuant to its Leniency Notice — Obligation to state reasons — Confidentiality — Professional secrecy — Legitimate expectations
Language of the case: German
Case T‑345/12 Akzo Nobel and Others v Commission
Competition — Administrative proceedings — European market for hydrogen peroxide and perborate — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Obligation to state reasons — Confidentiality — Professional secrecy — Legitimate expectations
Language of the case: English
Information (on unpublished decisions)
Case T‑36/14 St'art and Others v Commission
Action for annulment — ‘European Creative Industries Alliance’ Programme — ‘C-I Factor’ project aimed at introducing new instruments in order to promote funding for cultural and creative industries — Decision to end the project — Measure forming part of a purely contractual framework from which it is not separable — Inadmissibility
Case T‑93/14 St'art and Others v Commission
Action for annulment — ‘European Creative Industries Alliance’ programme — ‘C-I Factor’ project aimed at establishing new instruments to encourage the funding of the cultural and creative industries — Debit note –Measure which is part of a purely contractual context from which it is inseparable — Inadmissibility
Case T‑479/14 Kendrion v Court of Justice
Actions for damages — Reasonable time — Representation of the Union — Dismissal of objection of inadmissibility
Case T‑185/14 Freitas v Parliament and Council
Action for annulment — Directive 2013/55/EU — Directive 2005/36/EC — Recognition of professional qualifications — Exclusion of notaries appointed by official act of the public authorities from the scope of application of Directive 2005/36 — Lack of individual concern — Inadmissibility
Case T‑58/13 Club Hotel Loutraki and Others v Commission
State aid — Operation of Video Lottery Terminals — Grant by the Hellenic Republic of an exclusive licence — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Procedural rights of the interested parties — Obligation to state reasons — Right to effective judicial protection — Advantage — Joint assessment of the notified measures
Case T‑482/12 Internationaler Hilfsfonds v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Compliance with a judgment of the General Court — Application initiating proceedings — Disregard of formal requirements — Article 44(1)(c) of the Rules of Procedure — Inadmissibility
Case T‑409/14 Marcuccio v Court of Justice
Actions for annulment — Measure not open to challenge — Inadmissibility — Actions for damages — Reasonable time — Representation of the Union — Dismissal of the objection of inadmissibility
Case T‑535/13 Vakoma v OHIM – VACOM (VAKOMA)
Community trade mark — Opposition proceedings — Application for Community figurative mark VAKOMA — Earlier Community word mark VACOM — Application instituting proceedings — Failure to comply with procedural requirements — Manifest inadmissibility
Case T‑579/13 Istituto di vigilanza dell'urbe v Commission
Action for annulment and damages — Public service contracts — Tendering procedure — Provision of security guard and reception services — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑667/11 Veloss International and Attimedia v Parliament
Public service contracts — Supply of Greek translation services for the Parliament — Rejection of a tenderer’s bid — Obligation to state reasons — Non-contractual liability
Case T‑166/12 Bolívar Cerezo v OHIM – Renovalia Energy (RENOVALIA)
Community trade mark — Opposition proceedings — Application for Community word mark RENOVALIA — Earlier national word marks RENOVA ENERGY and RENOVAENERGY — Partial refusal to register — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑195/13 dm-drogerie markt v OHIM – V-Contact Kereskedelmi és Szolgáltató (CAMEA)
Community trade mark — Opposition proceedings — Application for Community word mark CAMEA — Earlier international word mark BALEA — Relative ground for refusal — No likelihood of confusion — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑406/13 Gossio v Council
Common Foreign and Security Policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Misuse of power — Manifest error of assessment — Fundamental Rights
Case T‑69/14 Melt Water v OHIM (MELT WATER Original)
Community trade mark — Application for Community figurative mark MELT WATER Original — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑70/14 Melt Water v OHIM (Forme d'une bouteille cylindrique transparente)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a transparent cylindrical bottle — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑539/12 and T‑150/13 Ziegler and Ziegler Relocation v Commission
Non-contractual liability — Competition — International removal services market in Belgium — Removals of officials and other staff of the EU — Decision finding an infringement of Article 101 TFEU — Cover quotes — Scope of liability of an institution — Principle of res judicata — Due diligence — Causal link
Case T‑109/12 Spain v Commission
Cohesion Fund — Reduction of financial assistance — Time-limit for adopting a decision
Case T‑111/12 Spain v Commission
Cohesion Fund — Reduction of financial assistance — Time-limit for adopting a decision
Case T‑6/13 NICO v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Iran — Freezing of funds — Time-limit in which to bring proceedings — Starting point — Manifest inadmissibility
Case T‑615/13 Aic v OHIM – ACV Manufacturing (Échangeurs de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑616/13 Aic v OHIM – ACV Manufacturing (Inserts d'échangeur de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger insert — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑617/13 Aic v OHIM – ACV Manufacturing (Inserts d'échangeur de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger insert — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑509/11 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Duty to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to privacy — Proportionality
Case T‑46/13 Sabores de Navarra v OHIM – Frutas Solano (KIT, EL SABOR DE NAVARRA)
Community trade mark — Invalidity proceedings — Community word mark KIT, EL SABOR DE NAVARRA — Earlier Community figurative mark Sabores de Navarra La Sabiduría del Sabor — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15 and Article 57(2) of Regulation No 207/2009 — Form differing in elements which alter the distinctive character of the mark
Case T‑587/13 Schwerdt v OHIM – Iberamigo (cat&clean)
Community trade mark — Opposition proceedings — Application for figurative Community mark cat & clean — Prior Spanish word mark CLEAN CAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obstacles to the free movement of goods — Article 34 TFEU — Article 16 of the Charter of Fundamental Rights
Case T‑685/13 Copernicus-Trademarks v OHIM – Blue Coat Systems (BLUECO)
Community trade mark — Opposition proceedings — Application for Community word mark BLUECO — Earlier Community word mark BLUE COAT — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑11/14 Grundig Multimedia v OHIM (Pianissimo)
Community trade mark — Application for Community word mark Pianissimo — Mark consisting of an advertising slogan — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑188/14 Grundig Multimedia v OHIM (GentleCare)
Community trade mark — Application for Community word mark GentleCare — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment
Joined Cases T‑420/11 and T‑56/12 Ocean Capital Administration and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Consequence of an annulment of restrictive measures for the entity owned or controlled by an entity identified as being involved in nuclear proliferation — Temporal effects of an annulment
Case T‑176/12 Bank Tejarat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment
Case T‑193/12 MIP Metro v OHIM – Holsten-Brauerei (H)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark H — Earlier national figurative mark H — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Failure to state reasons — Article 75 of Regulation No 207/2009
Case T‑393/12 Tsujimoto v OHIM – Kenzo (KENZO)
Community trade mark — Opposition proceedings — Application for Community word mark KENZO — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009 — Late submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Case T‑133/13 Pro-Aqua International v OHIM – Rexair (WET DUST CAN'T FLY)
Community trade mark — Invalidity proceedings — Community word mark WET DUST CAN’T FLY — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑172/13 Novomatic v OHIM – Simba Toys (AFRICAN SIMBA)
Community trade mark — Opposition proceedings — Application for Community word mark AFRICAN SIMBA — Earlier national figurative mark Simba — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑322/13 Tsujimoto v OHIM – Kenzo (KENZO)
Community trade mark — Opposition proceedings — Application for Community word mark KENZO — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Late submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Case T‑338/14 UNIC v Commission
Action for annulment — Joint actions to promote sustainable development economically, socially and environmentally in developing countries — Generalised tariff preferences granted to treated and partly treated leather originating from India, Pakistan and Ethiopia — Rejection of the application for a temporary withdrawal of the benefit of generalised preferences — Measure not subject to review — Inadmissibility
Case T‑655/13 Enercon v OHIM (Dégradé de cinq nuances de la couleur verte)
Community trade mark — Application for Community trade mark consisting of a gradient of five shades of the colour green — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Reclassification of the mark applied for — Article 43(2) of Regulation No 207/2009
Case T‑41/14 Argo Development and Manufacturing v OHIM – Clapbanner
Community design — Invalidity proceedings — Registered Community design representing an advertising article — Earlier Community designs — Grounds for invalidity — Novelty — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑123/14 BSH v OHIM – Arçelik (AquaPerfect)
Community trade mark — Opposition proceedings — Application for Community word mark AquaPerfect — Earlier Community word mark waterPerfect — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑609/13 Blackrock v OHIM (SO WHAT DO I DO WITH MY MONEY)
Community trade mark — Application for the Community word mark SO WHAT DO I DO WITH MY MONEY — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑665/13 Zitro IP v OHIM – Gamepoint (SPIN BINGO)
Community trade mark — Application for Community figurative mark SPIN BINGO — Earlier Community word mark ZITRO SPIN BING — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑59/14 Blackrock v OHIM (INVESTING FOR A NEW WORLD)
Community trade mark — Application for the Community word mark INVESTING FOR A NEW WORLD — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑278/13 Now Wireless v OHIM – Starbucks (HK) (now)
Community trade mark — Revocation proceedings — Community figurative mark now — Genuine use of the mark — Article 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009
Case T‑593/13 Siemag Tecberg Group v OHIM (Winder Controls)
Community trade mark — Application for Community word mark Winder Controls — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No ° 207/2009 — Article 135a of the Rules of Procedure of the General Court — Request for a hearing made prematurely in the application
February 2015
Case T‑708/14 Marpefa v OHIM – Sony Computer Entertainment (PSVITA, PLAYSTATION VITA)
Community trade mark — Period within which an action must be brought — Late submission — Manifest inadmissibility
Language of the case: Spanish
Case T‑473/12 Aer Lingus v Commission
State aid — Irish tax on air passengers — Lower rate for destinations no more than 300 km from Dublin — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Selective nature — Identification of the beneficiaries of the aid — Article 14 of Regulation (EC) No 659/1999 — Obligation to state reasons
Language of the case: English
Case T‑204/11 Spain v Commission
Consumer protection — Regulation (EU) No 15/2011 — Lipophilic toxin detection methods in bivalve molluscs — Replacement of the mouse bioassay with a liquid chromatography-mass spectrometry (LC-MS/MS) method — Article 168 TFEU — Proportionality — Legitimate expectations
Language of the case: Spanish
Case T‑505/12 Compagnie des montres Longines, Francillon v OHIM – Cheng (B)
Community trade mark — Opposition proceedings — Application for the Community figurative mark B — Earlier international figurative mark representing two extended wings — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — Article 8(5) of Regulation No 207/2009
Language of the case: English
Case T‑287/13 Husky CZ v OHIM – Husky of Tostock (HUSKY)
Community trade mark — Revocation proceedings — Community word mark HUSKY — Genuine use of the trade mark — Partial revocation — Extension of the time-limit — Rule 71(2) of Regulation (EC) No 2868/95 — Translation into the language of the proceedings
Language of the case: English
Case T‑365/13 Lithuania v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development measures — ‘Natural handicaps’ and agri-environment — Appropriateness of controls — Flat-rate financial corrections — Proportionality
Language of the case: Lithuanian
Case T‑188/12 Breyer v Commission
Access to documents — Regulation (EC) No 1049/2001 — Written submissions lodged by the Republic of Austria in infringement proceedings before the Court of Justice — Refusal to grant access
Language of the case: German
Case T‑826/14 R Spain v Commission
Application for interim measures — State aid — Corporation tax scheme allowing undertakings whose tax domicile is in Spain to amortise the financial goodwill deriving from the acquisition of indirect shareholdings in undertakings whose tax domicile is abroad — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Prima facie case — Lack of any urgency
Language of the case: Spanish
Information (on unpublished decisions)
Case T‑577/14 Gascogne Sack Deutschland and Gascogne v Court of Justice
Actions for damages — Reasonable time — Incorrect designation of the defendant — Representation of the Union — Dismissal of objection of inadmissibility
Case T‑372/12 El Corte Inglés v OHIM – Apro Tech (APRO)
Community trade mark — Opposition proceedings — Application for Community figurative mark APRO — Earlier national figurative mark B-PRO by Boomerang, earlier Community word mark PRO MOUNTAIN and applications for earlier Community figurative and word marks B-PRO by Boomerang and PRO OUTDOOR — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑374/13 KSR v OHIM – Lampenwelt (Moon)
Community trade mark — Proceedings seeking a declaration of invalidity — Community word mark Moon — Absolute ground for invalidity — Descriptive nature — Lack of distinctiveness — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑570/10 RENV Environmental Manufacturing v OHIM
Community trade mark — Opposition proceedings — Application for Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T‑387/12 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Tomato processing sector — Aid to producer organisations — Expenditure incurred by Italy — Article 7(4) of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Flat-rate correction
Case T‑500/12 Ryanair v Commission
State aid — Irish tax on air passengers — Lower rate for destinations no more than 300 km from Dublin — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Selective nature — Identification of the beneficiaries of the aid — Article 14 of Regulation (EC) No 659/1999 — Obligation to state reasons
Case T‑33/13 Türkiye Garanti Bankasi v OHIM – Card & Finance Consulting (bonus & more)
Community trade mark — Opposition proceedings — Application for Community figurative mark bonus & more — Earlier international figurative mark bonus net — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑78/13 Red Bull v OHIM – Sun Mark (BULLDOG)
Community trade mark — Opposition proceedings — Application for Community word mark BULLDOG — Earlier international and national word marks BULL and RED BULL — Relative grounds for refusal — Likelihood of confusion — Identical nature of the goods — Similarity of the signs — Conceptual similarity — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑499/13 nMetric v OHIM (SMARTER SCHEDULING)
Community trade mark — International registration designating the European Community — Word mark SMARTER SCHEDULING — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑368/13 Boehringer Ingelheim International v OHIM – Lehning entreprise (ANGIPAX)
Community trade mark — Opposition proceedings — Application for Community word mark ANGIPAX — Earlier Community word mark ANTISTAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑379/13 Innovation First v OHIM (NANO)
Community trade mark — Application for Community word mark NANO — Right to be heard — Obligation to state reasons — Examination of the facts of the Office’s own motion — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑648/13 IOIP Holdings v OHIM (GLISTEN)
Community trade mark — Application for Community word mark GLISTEN — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑85/14 Infocit v OHIM – DIN (DINKOOL)
Community trade mark — Opposition proceedings — Application for Community word mark DINKOOL — Earlier international figurative mark DIN — Earlier national business identifier DIN — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009
Case T‑395/12 Fetim v OHIM – Solid Floor (Solidfloor The professional's choice)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Solidfloor The professional’s choice — Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑579/11 Akhras v Council
Common foreign and security policy — Freezing of funds — Rights of the defence — Obligation to state reasons — Manifest error of assessment — Right to life — Right to property — Right to respect for private life — Proportionality
Case T‑76/13 Compagnie des montres Longines, Francillon v OHIM – Staccata (QUARTODIMIGLIO QM)
Community trade mark — Opposition proceedings — Application for the Community figurative mark QUARTODIMIGLIO QM — Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — Article 8(5) of Regulation No 207/2009
Case T‑318/13 Vita Phone v OHIM (LIFEDATA)
Community trade mark — Application for Community word mark LIFEDATA — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Lack of specific assessment — Duty to state reasons
Case T‑453/13 Klaes v OHIM – Klaes Kunststoffe (Klaes)
Community trade mark — Opposition proceedings — Application for Community word mark Klaes — Prior Community figurative mark Klaes — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑725/14 Aalberts Industries v Commission and Court of Justice
Actions for damages — Reasonable time — Representation of the Union — Partial inadmissibility
Case T‑505/14 Seven for all mankind v OHIM – Seven (SEVEN FOR ALL MANKIND)
Community trade mark — Opposition proceedings — Application for Community word mark SEVEN FOR ALL MANKIND — Earlier Community and international figurative marks Seven — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T‑257/13 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from the financing — Rural Development — Expenditure effected by Poland — Article 7 of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Effectiveness of checks — Obligation to state reasons — Principle of subsidiarity
Case T‑812/14 R BPC Lux 2 and Others v Commission
Interim measures — State aid — Financial sector — Aid granted in the context of the resolution of a banking insolvency — Decision not to raise objections — Application for suspension of operation of a measure — No urgency
Case T‑257/11 Pangyrus v OHIM – RSVP Design (COLOURBLIND)
Community trade mark — Invalidity proceedings — Community word mark COLOURBLIND — Word sign COLOURBLIND — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — No use in the course of trade of a sign of more than mere local significance — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009
Case T‑652/11 Sabbagh v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Manifest error of assessment — Non-contractual liability
Case T‑135/12 France v Commission
State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage
Case T‑385/12 Orange v Commission
State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage — Selective nature — Adverse effect on competition — Rights of the defence
Case T‑388/13 Costa Crociere v OHIM – Guerlain (SAMSARA)
Community trade mark — Opposition proceedings — Application for the Community word mark SAMSARA — Earlier Community word mark SAMSARA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑713/13 9Flats v OHIM – Tibesoca (9flats.com)
Community trade mark — Opposition proceedings — Application for Community word mark 9flats.com — Earlier national figurative mark 50flats — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑41/12 LS Fashion v OHIM – Gestión de Activos Isorana (L'Wren Scott)
Community trade mark — Opposition proceedings — Application for Community word mark L’Wren Scott — Earlier national word mark LOREN SCOTT — Relative ground for refusal — Genuine use of the mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑377/12 Spa Monopole v OHIM – Olivar Del Desierto (OLEOSPA)
Community trade mark — Opposition proceedings — Application for Community figurative mark OLEOSPA — Earlier Benelux word marks SPA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑227/13 Bayer Intellectual Property v OHIM – Interhygiene (INTERFACE)
Community trade mark — Opposition proceedings — Application for Community word mark INTERFACE — Earlier Community word mark Interfog — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑106/14 Universal Utility International v OHIM (Greenworld)
Community trade mark — Application for Community word mark Greenworld — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
March 2015
Case T‑251/13 Gemeente Nijmegen v Commission
Actions for annulment — State aid — Aid granted by a Netherlands municipality in favour of a professional football club — Decision to open the formal examination procedure provided for in Article 108(2) TFEU — Aid measure completely implemented on the date of the decision — Admissibility — Challengeable act
Language of the case: Dutch
Joined Cases T‑492/13 and T‑493/13 Schmidt Spiele v OHIM (Représentation d’un plateau de jeux de société)
Community trade mark — Applications for figurative Community trade marks representing boards for parlour games — Absolute grounds for refusal — Lack of distinctive character — Regulation (EC) No 207/2009, Article 7(1)(b) and Article 7(3)
Language of the case: German
Case T‑496/11 United Kingdom v ECB
Economic and monetary policy — ECB — Action for annulment — Eurosystem Oversight Policy Framework — Challengeable act — Admissibility — Oversight of payment and securities settlement systems — Application to central counterparty clearing systems of a requirement to be located in a Member State party to the Eurosystem — Competence of the ECB
Language of the case: English
Case T‑673/13 European Coalition to End Animal Experiments v ECHA
Action for annulment — REACH — Application for registration of the chemical substance triphenyl phosphate — Intervener before the Board of Appeal of ECHA — Applicant not affected directly — Concept of regulatory act — Inadmissibility
Language of the case: English
Case T‑89/09 Pollmeier Massivholz v Commission
State aid — State measures concerning the establishment of a sawmill in the Land of Hessen — Action for annulment — Letter sent to the complainants — Act not amenable to review — Inadmissibility — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Calculation of the aid element of State guarantees — Commission Notice on State aid in the form of guarantees — Undertaking in difficulty — Sale of public land — Rights of the defence — Obligation to state reasons
Language of the case: German
Case T‑466/12 RFA International v Commission
Dumping — Imports of ferro-silicon originating in Russia — Refusal of applications for a refund of anti-dumping duties paid — Calculation of the export price — Single economic entity — Calculation of the dumping margin — Application of a methodology different from that used in the original investigation — Change in circumstances — Article 2(9) and Article 11(9) of Regulation (EC) No 1225/2009
Language of the case: English
Case T‑412/13 Chin Haur Indonesia v Council
Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Articles 13 and 18 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment
Language of the case: English
Case T‑383/14 R Europower v Commission
Interim measures — Public works contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of the tender submitted by a tenderer and award of the contract to another tenderer — Application for suspension of operation — Prima facie case — Lack of urgency
Language of the case: Italian
Case T‑538/11 Belgium v Commission
State aid — Public health — Aid granted to finance transmissible spongiform encephalopathies (TSE) screening tests in bovine animals — Decision declaring the aid partly compatible and partly incompatible with the internal market — Action for annulment — Acts adversely affecting the applicant — Admissibility — Concept of advantage — Concept of selectivity
Language of the case: Dutch
Case T‑563/12 Central Bank of Iran v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Error of assessment — Right to property — Right to reputation — Proportionality
Language of the case: English
Case T‑378/13 Apple and Pear Australia and Star Fruits Diffusion v OHIM – Carolus C. (English pink)
Community trade mark — Opposition proceedings — Application for Community word mark English pink — Earlier Community word mark PINK LADY and earlier Community figurative mark Pink Lady — Obligation to state reasons — Duty of diligence — Decisions by a Community trade mark court — No res judicata
Language of the case: French
Information (on unpublished decisions)
Case T‑366/11 RENV Bial-Portela v OHIM
Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑572/12 Nissan Jidosha v OHIM (CVTC)
Community trade mark — Request for renewal of the Community figurative mark CVTC — Partial renewal — Article 47 of Regulation (EC) No 207/2009
Case T‑543/13 Three-N-Products v OHIM – Munindra (PRANAYUR)
Community trade mark — Opposition proceedings — Application for Community word mark PRANAYUR — Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑558/13 FSA v OHIM – Motokit Veículos e Acessórios (FSA K-FORCE)
Community trade mark — Invalidity proceedings — Community word mark FSA K-FORCE — Earlier Community word mark FORCE-X — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑45/13 Rose Vision and Seseña v Commission and Others
Arbitration clause — Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) — Grant agreements relating to the FIRST, FutureNEM and sISI projects — Actions for annulment and compensation — Reclassification of the actions– Admissibility — Suspension of payments — Deadline for providing the audit report — Dissemination of information to third parties
Case T‑233/14 Intesa Sanpaolo v OHIM (NEXTCARD)
Community trade mark — Application for Community word mark NEXTCARD — Partial refusal of registration by the examiner — Obligation to state reasons — Action manifestly lacking any foundation in law
Case T‑513/13 Braun Melsungen v OHIM (SafeSet)
Community trade mark — Application for Community word mark SafeSet — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009
Case T‑257/14 Novomatic v OHIM – Berentzen Mally Marketing plus Services (BLACK JACK TM)
Community trade mark — Opposition Proceedings — Application for Community figurative mark BLACK JACK TM — Earlier Community word and figurative marks BLACK TRACK — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑175/12 Deutsche Börse v Commission
Competition — Concentrations — Financial instruments sector — European derivatives market — Decision declaring the concentration incompatible with the internal market — Assessment of the effects of the transaction on competition — Efficiency gains — Commitments
Case T‑377/13 ultra air v OHIM – Donaldson Filtration Deutschland (ultra.air ultrafilter)
Community trade mark — Invalidity proceedings — Community word mark ultra.air ultrafilter — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Cases T‑249/12 and T‑269/12 Vestel Iberia and Makro autoservicio mayorista v Commission
Action for annulment — Customs union — Post-clearance entry in the accounts and remission of import duties — Colour television receivers originating in Turkey — Application for remission of customs duties submitted by two importers — Commission referring the national authorities to a decision concerning another importer — Article 871(2) and (6) and Article 905(2) and (6) of Regulation (EEC) No 2454/93 — Lack of direct concern — Inadmissibility
Case T-611/11 Spa Monopole v OHIM – South Pacific Management (Manea Spa)
Community trade mark — Opposition proceedings — Application for the Community word mark Manea Spa — Earlier Benelux word and figurative marks SPA and earlier Benelux word mark LES THERMES DE SPA — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑234/14 Mammoet Salvage v Commission
Action for declaration that an institution has failed to act and for damages — Contractual liability — Non-contractual liability — Plea of inadmissibility — Eighth European Development Fund — Works to remove 74 wrecks from the Bay of Nouadhibou — Contract concluded between the applicant and Mauritania and taken up by the Commission for funding by the European Union — Execution of a contract — Report on the end date for payments from the European Union under the contract — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Cases T‑195/11, T‑458/11, T‑448/12 and T‑41/13 Cahier and Others v Council and Commission
Non-contractual liability — Prohibition for producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine obtained from dual-purpose vine varieties produced in excess of the quantity normally produced — Application of that legislation by national authorities
Case T‑30/12 IDT Biologika v Commission
Public supply contracts — Tendering procedure — Supply to Serbia of anti-rabies vaccines — Rejection of a tender — Award of the contract to another tenderer — Selection criteria — Manifest error of assessment
Case T‑250/13 Naazneen Investments v OHIM – Energy Brands (SMART WATER)
Community trade mark — Revocation proceedings — Community word mark SMART WATER — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑384/13 Intermark v OHIM – Coca-Cola (RIENERGY Cola)
Community trade mark — Opposition proceedings — Application for the Community figurative mark RIENERGY Cola — Earlier Community figurative mark Coca-Cola and earlier Community word mark COCA-COLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑413/13 City Cycle Industries v Council
Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Article 13 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment — Equal treatment — Access to the file
Case T‑556/08 Slovenská pošta v Commission
Competition — Abuse of dominant position — Slovak traditional mail and hybrid mail services markets — Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC — Exclusive right to distribute hybrid mail — Principle of sound administration — Obligation to state reasons — Right to be heard — Definition of the market — Extension of a monopoly — Article 86(2) EC — Legal certainty — Legitimate expectations
Case T‑297/09 Evropaïki Dynamiki v EASA
Public service contracts — Tendering procedure — Supply of IT services — Classification of a tenderer in second or third position in the cascade procedure — Obligation to state reasons — Manifest error of assessment — Non-contractual liability
Case T‑456/13 Sea Handling v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Exception relating to the protection of the commercial interests of a third party — Obligation to carry out a concrete and individual examination — Overriding public interest — Partial access
Case T‑314/14 Borde and Carbonium v Commission
Action for annulment — Intra-ACP programme of the Global Climate Change Alliance (GCCA) — Expert service agreements — Framework contract concerning a programme evaluation mission — Request for an expert’s mission to be terminated — Act forming part of a purely contractual context from which it is inseparable — Inadmissibility
Case T‑121/10 Conte and Others v Council
Action for annulment — Fisheries — Conservation of fisheries resources — Introduction of a Community system of control, inspection and enforcement — Concept of regulatory act — Concept of legislative act — Not individually affected — Inadmissibility
Case T‑551/13 Radecki v OHIM – Vamed (AKTIVAMED)
Community trade mark — Opposition proceedings — Application for Community word mark AKTIVAMED — Earlier national figurative mark VAMED — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑581/13 Royal County of Berkshire Polo Club v OHIM – Lifestyle Equities (Royal County of Berkshire POLO CLUB)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Royal County of Berkshire POLO CLUB — Earlier Community figurative trade marks BEVERLY HILLS POLO CLUB — Relative ground for refusal — Likelihood of confusion — Duty to state reasons — Article 75 of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009
Case T‑596/13 Emsibeth v OHIM – Peek & Cloppenburg (Nael)
Community trade mark — Opposition proceedings — Application for Community figurative mark Nael — Earlier Community word mark Mc Neal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑72/14 Bateaux mouches v OHIM (BATEAUX MOUCHES)
Community trade mark — International registration designating the European Community — Word mark BATEAUX MOUCHES — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
April 2015
Case T-576/11 Schenker Customs Agency v Commission
Customs union — Post-clearance recovery of import duties — Imports of glyphosate originating in Taiwan — Application for the remission of import duties made by a customs agent — Article 239 of Regulation (EEC) No 2913/92 — Fairness clause — Existence of a special situation — Declarations of release for free circulation — Incorrect certificates of origin — Concept of obvious negligence — Commission decision finding that the remission of duties was not justified
Language of the case: Dutch
Case T-402/12 Schlyter v Commission
Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exception relating to the protection of the purpose of investigations — Regulation (EC) No 1367/2006 — Article 6(1) — Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC — Refusal of access
Language of the case: English
Case T-359/12 Louis Vuitton Malletier v OHIM – Nanu-Nana (Representation of a brown and beige chequerboard pattern)
Community trade mark — Invalidity proceedings — Community figurative mark representing a brown and beige chequerboard pattern — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Language of the case: English
Case T-320/09 Planet v Commission
Protection of the financial interests of the Union — Early warning system (EWS) enabling identification of the level of risk associated with contractors — OLAF enquiry into the performance of a public contract concerning an institutional modernisation project in Syria — Decisions to activate W1a and W1b warnings — Legal basis — Fundamental rights — Obligation to state reasons
Language of the case: Greek
Case T-190/12 Tomana and Others v Council and Commission
Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Restrictions on entry into and transit through the European Union — Freezing of funds — Legal basis — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Fundamental rights — Proportionality
Language of the case: English
Case T-290/12 Poland v Commission
Agriculture — Common organisation of markets — Processed fruit and vegetables sectors — Aid to producer groups — Limitation on the Union’s financial participation — Legal certainty — Legitimate expectations — Obligation to state reasons — Sincere cooperation
Language of the case: Polish
Case T-43/15 R CRM v Commission
Application for interim measures — Registration of a protected geographical indication — ‘Piadina Romagnola/Piada Romagnola’ — Application for suspension of operation of a measure — No urgency
Language of the case: Italian
Case T-169/12 CHEMK and KF v Council
Dumping — Imports of ferro-silicon originating, inter alia, in Russia — Partial interim review — Calculation of the dumping margin — Change of circumstances — Lasting nature
Language of the case: English
Case T-217/11 Staelen v Ombudsman
Non-contractual liability — Handling by the Ombudsman of a complaint concerning the management of a list of suitable candidates for an open competition — Powers of investigation — Duty to exercise diligence — Loss of opportunity — Non-pecuniary damage
Language of the case: French
Case T-470/11 Total and Elf Aquitaine v Commission
Competition — Methacrylates market — Fines — Joint and several liability of parent companies and their subsidiary for the latter’s unlawful conduct — Immediate payment of the fine in full by the subsidiary — Reduction of the subsidiary’s fine following a judgment of the General court — Letters from the Commission demanding payment by the parent companies of the amount repaid by it to the subsidiary, together with default interest — Actions for annulment — Challengeable act — Admissibility — Default interest
Language of the case: French
Case T-10/13 Bank of Industry and Mine v Council
Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for bringing an action — Admissibility — Plea of illegality — Error of law — Proportionality — Right to property — Powers of the Council — Obligation to state reasons — Rights of the defence — Reconsideration of restrictive measures adopted — Right to effective judicial protection — Error of assessment
Language of the case: French
Case T-593/11 Al-Chihabi v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Obligation to state reasons — Error of assessment — Right to property — Right to respect for private life — Proportionality
Language of the case: English
Case T-135/13 Hitachi Chemical Europe and Others v ECHA
REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality
Language of the case: English
Information (on unpublished decisions)
Case T-527/09 RENV Ayadi v Commission
Referral back after setting aside — Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of the name of that person in the list contained in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of defence — Right to effective judicial protection — Right to respect for property
Case T-823/14 Guja v Poland
Actions for damages — Manifest lack of jurisdiction
Case T-258/13 Matratzen Concord v OHIM – KBT (ARKTIS)
Community trade mark — Revocation proceedings — Community word mark ARKTIS — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Form of use of the mark — Proof of use for the registered goods — Consent of the trade mark owner
Case T-319/14 Drogenhilfe Köln Projekt v OHIM (Rauschbrille)
Community trade mark — Application for Community word mark Rauschbrille — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-360/12 Louis Vuitton Malletier v OHIM – Nanu-Nana (Representation of a grey chequerboard pattern)
Community trade mark — Invalidity proceedings — Community figurative mark representing a grey chequerboard pattern — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Case T-580/13 Real Express v OHIM – MIP Metro (real)
Community trade mark — Opposition proceedings — Application for the Community figurative mark real — Earlier national figurative marks Real and Real mark — Rejection of the opposition — Rule 19(1) of Regulation (EC) No 2868/95 — Rule 20(1) of Regulation No 2868/95
Case T-554/10 Evropaïki Dynamiki v Frontex
Public procurement — Tendering procedures — Information technology services, hardware and software licences — Rejection of a tenderer’s bids — Obligation to state reasons — Selection and award criteria — Manifest error of assessment — Non-contractual liability
Case T-337/14 Rezon v OHIM – mobile.international (mobile.de proMotor)
Community trade mark — Invalidity proceedings — Community word mark mobile.de promoter — Prior national figurative mark mobile — Rejection of the application for a declaration of invalidity — Article 165(4)(b) of Regulation (EC) No 207/2009
Case T-282/13 Iglotex v OHIM – Iglo Foods Group (IGLOTEX)
Community trade mark — Opposition proceedings — Application for Community figurative mark IGLOTEX — Earlier Community word mark IGLO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-383/13 Chatzianagnostou v Council and Others
Action for annulment — Common Foreign and Security Policy — Seconded national expert for the EULEX Kosovo mission — Decisions of a Head of Mission on disciplinary sanctions
Case T-45/15 R Hydrex v Commission
Application for interim measures — Grant agreement relating to a project concerning a financial instrument for the environment — Recovery order — Application to suspend adoption — Disregard of formal requirements — Inadmissibility
Case T-137/13 Saferoad RRS v OHIM (MEGARAIL)
Community trade mark — Application for Community word mark MEGARAIL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-216/14 Volkswagen v OHIM (EXTRA)
Community trade mark — Application for Community word mark EXTRA — Mark comprised of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-284/14 Dyckerhoff Polska v Commission
Action for annulment — Time-limit for bringing an action — Out of time — No force majeure or unforeseeable circumstances — Manifest inadmissibility — Plea of illegality
Joined Cases T-558/12 and T-559/12 Changshu City Standard Parts Factory and Ningbo Jinding Fastener v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Amendment of the regulation imposing a definitive anti-dumping duty — Article 2(10) and (11) of Regulation No 1225/2009 — Calculation of the dumping margin — Adjustments — Obligation to state reasons
Case T-9/13 National Iranian Gas Company v Council
Common Foreign and Security Policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Objection of illegality — Error of law — Proportionality — Right to property — Jurisdiction of the Council — Obligation to state reasons — Rights of the defence — Review of the restrictive measures adopted — Right to effective judicial protection — Error of assessment
Case T-566/13 Hostel Tourist World v OHIM – WRI Nominees (HostelTouristWorld.com)
Community trade mark — Cancellation proceedings — Community figurative mark HostelTouristWorld.com — Earlier international word mark HOSTELWORLD.COM — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-717/13 Chair Entertainment Group v OHIM – Libelle (SHADOW COMPLEX)
Community trade mark — Opposition proceedings — Application for the Community word mark SHADOW COMPLEX — Earlier Community word mark BusinessShadow — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-432/12 VTZ and Others v Council
Dumping — Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine — Definitive anti-dumping duty — Expiry review — Likelihood of recurrence of injury — European Union interest — Manifest error of assessment — Obligation to state reasons
Case T-134/13 Polynt and Sitre v ECHA
REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality
Case T-259/13 France v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development support measures — Areas with natural handicaps — Flat rate financial correction — Expenditure incurred by France — Loading criterion — On-the-spot controls — Procedural safeguards
Joined Cases T-707/13 and T-709/13 Steinbeck v OHIM – Alfred Sternjakob (BE HAPPY)
Community trade mark — Invalidity proceedings — Community word marks BE HAPPY — Absolute ground for refusal — No distinctive character — Article 52(1)(a) and Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-100/14 Tecalan v OHIM – Ensinger (TECALAN)
Community trade mark — Opposition proceedings — Application for Community word mark TECALAN — Earlier Community word mark TECADUR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-46/15 Star Light v Council and Commission
Actions for annulment — Letter from the Commission allegedly informing the applicant of its interpretation of Regulation (EU) No 517/2014 — Measure not open to an action — Actions for damages — Application initiating proceedings — Disregard of formal requirements — Manifest inadmissibility
May 2015
Case T-131/12 Spa Monopole v OHIM – Orly International (SPARITUAL)
Community trade mark — Opposition proceedings — Application for registration of the word mark SPARITUAL — Earlier Benelux figurative and word marks SPA and LES THERMES DE SPA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
Case T-433/13 Petropars Iran and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Plea of illegality — Right to conduct business — Right to property — Protection of public health, security and the environment — Precautionary principle — Proportionality — Rights of defence
Language of the case: English
Case T-599/13 Cosmowell v OHIM – Haw Par (GELENKGOLD)
Community trade mark — Opposition proceedings — Application for Community figurative mark GELENKGOLD — Earlier Community figurative mark representing a tiger — Relative ground for refusal — Likelihood of confusion — Alteration of the distinctive character of the earlier mark — Phonetic similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T-480/11 Technion and Technion Research & Development Foundation v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents taken into consideration in the context of a financial audit on the performance of certain research contracts concluded during the course of the sixth framework programme for research, technological development and demonstration activities — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: French
Case T-562/12 Dalli v Commission
Member of the Commission — OLAF investigation — Alleged oral decision of the President of the Commission to require the resignation of the person concerned — Action for annulment — No actionable measure — Inadmissibility — Action for damages
Language of the case: English
Case T-623/13 Unión de Almacenistas de Hierros de España v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning two national competition proceedings — Documents submitted to the Commission by a national competition authority within the framework of cooperation provided for by EU law — Refusal of access — Exception related to the protection of the purpose of inspections, investigations and audits — Exception related to the protection of the commercial interests of a third party — No obligation on the institution concerned to carry out a specific and individual examination of the content of the documents covered by the application for access when the investigation at issue is definitively closed — No need for a measure of organisation of procedure requesting production of the documents at issue — Failure to take account of the individual situation of the applicant
Language of the case: Spanish
Case T-51/14 Czech Republic v Commission
System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Rejection of the request for registration of the name ‘pomazánkové máslo’ (spreadable butter) as a traditional speciality guaranteed — Relationship with the provisions of Regulation (EC) No 1234/2007 specifying the conditions for the use of the sales description ‘butter’
Language of the case: Czech
Case T-511/09 Niki Luftfahrt v Commission
State aid — Restructuring aid granted by Austria in favour of the Austrian Airlines group — Decision declaring the aid compatible with the common market, subject to certain conditions — Privatisation of the Austrian Airlines group — Determination of the beneficiary of the aid — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: German
Case T-162/10 Niki Luftfahrt v Commission
Competition — Concentrations — Air transport — Decision declaring a concentration to be compatible with the common market — Assessment of the effects of the transaction on competition — Commitments
Language of the case: German
Case T-15/13 Group Nivelles v OHIM – Easy Sanitairy Solutions (Shower drainage channel)
Community design — Invalidity proceedings — Registered design representing a shower drainage channel — Earlier design — Grounds for invalidity — Novelty — Individual character — Visible features of the earlier design — Products at issue — Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Dutch
Case T-456/10 Timab Industries and CFPR v Commission
Competition — Agreements, decisions and concerted practices — European market for animal feed phosphates — Decision finding an infringement of Article 101 TFEU — Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information — Applicant’s withdrawal from the settlement procedure — Fines — Obligation to state reasons — Gravity and duration of the infringement — Cooperation — Failure to apply the likely range of fines indicated during the settlement procedure
Language of the case: French
Joined Cases T-22/13 and T-23/13 Senz Technologies v OHIM – Impliva (Umbrellas)
Community design — Invalidity proceedings — Registered Community design representing umbrellas — Grounds for invalidity — Disclosure of earlier design — American patent as earlier design — Circles specialised in the sector concerned — Informed user — Degree of attention of an informed user — Fashion accessories — Degree of freedom of the designer — Individual character — Different overall impression — Invalidity proceedings
Language of the case: English
Information (on unpublished decisions)
Case T-423/12 Skype v OHIM – Sky and Sky IP International (skype)
Community trade mark — Opposition proceedings — Application for Community figurative mark skype — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-183/13 Skype v OHIM – Sky and Sky IP International (SKYPE)
Community trade mark — Opposition proceedings — Application for Community word mark SKYPE — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-184/13 Skype v OHIM – Sky and Sky IP International (SKYPE)
Community trade mark — Opposition proceedings — Application for Community word mark SKYPE — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-715/13 Lidl Stiftung v OHIM – Horno del Espinar (Castello)
Community trade mark — Opposition proceedings — Application for the figurative Community mark Castello — Earlier national figurative mark ‘Castelló’ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No (EC) 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009
Case T-115/15 R Deza v ECHA
Interim measures — REACH — Entry of the chemical substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list — Application for suspension of operation — No urgency
Case T-202/10 RENV Stichting Woonlinie and Others v Commission
State aid — Social housing — Scheme of aid granted to housing corporations — Existing aid — Decision accepting Member State’s commitments — Action manifestly lacking any foundation in law
Case T-203/10 RENV Stichting Woonpunt and Others v Commission
State aid — Social housing — Scheme of aid granted to housing corporations — Existing aid — Decision accepting Member State’s commitments — Action manifestly lacking any foundation in law
Case T-163/12 Ternavsky v Council
Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Restrictions on entry into and transit through the territory of the European Union — Error of assessment
Case T-363/12 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC natural beauty)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC natural beauty — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
Case T-364/12 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC Kindii)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC Kindii — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
Case T-47/13 DEP Goldsteig Käsereien Bayerwald v OHIM - Vieweg (goldstück)
Procedure — Taxation of costs — Manifest inadmissibility
Case T-363/13 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC intimate)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC intimate — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
Case T-608/13 easyGroup IP Licensing v OHIM – Tui (easyAir-tours)
Community trade mark — Opposition proceedings — Application for the Community figurative mark easyAir-tours — Earlier national figurative mark airtours Ticket Factory — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the signs — No likelihood of confusion — Power to alter decisions — Article 65(3) of Regulation No 207/2009
Case T-102/14 Deutsche Post v OHIM – PostNL Holding (TPG POST)
Community trade mark — Opposition proceedings — Application for Community word mark TPG POST — Earlier national and Community word marks POST and Deutsche Post — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-169/14 Ferring v OHIM – Kora (Koragel)
Community trade mark — Opposition proceedings — Application for Community word mark Koragel — Earlier Community word mark CHORAGON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-559/14 Ackermann Saatzucht and Others v Parliament and Council
Action for annulment — Regulation (EU) No 511/2014 — Compliance measures for users from the Nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization in the Union — Lack of individual concern — Inadmissibility
Case T-560/14 ABZ Aardbeien Uit Zaad Holding and Others v Parliament and Council
Action for annulment — Regulation (EU) No 511/2014 — Measures concerning compliance by users in the Union with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation — Lack of individual concern — Inadmissibility
Case T-397/12 Diputación Foral de Bizkaia v Commission
State aid — Construction — Aid provided by the Spanish authorities to the company Habidite — Agreements concluded with a view to the establishment of a factory manufacturing construction modules and the delivery of modular houses manufactured by that factory –– Decision declaring the aid unlawful –– Decision declaring the aid partly compatible and partly incompatible with the internal market — No prior notification — Rights of the defence — Obligation to give reasons
Case T-607/13 Granette & Starorežná Distilleries v OHIM – Bacardi (42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 %vol.)
Community trade mark — Opposition proceedings — Application for Community figurative mark 42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42% vol — Earlier international figurative mark 42 BELOW — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-71/14 Swatch v OHIM – Panavision Europe (SWATCHBALL)
Community trade mark — Opposition proceedings — Application for Community word mark SWATCHBALL — Community word and figurative marks and international word and figurative marks SWATCH and swatch — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-197/15 R Costa v Parliament
Application for interim measures — Former Member of the European Parliament — Person in receipt of a Members’ retirement pension — Recipient of an allowance as a President of a port authority — Rule against cumulation — Recovery of the pension received — Debit note — Application for a stay of enforcement — Infringement of the formal requirements — Inadmissibility
Case T-310/12 Yuanping Changyuan Chemicals v Council
Dumping — Imports of oxalic acid originating in India and China — Definitive anti-dumping duty — Community industry — Determination of injury — Article 9(4), Article 14(1) and Article 20(1) and (2) of Regulation (EC) No 1225/2009 — Obligation to state reasons — Right to make representations — Article 20(5) of Regulation No 1225/2009
Case T-153/15 R Hamcho and Hamcho International v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Case T-154/15 R Jaber v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Case T-155/15 R Kaddour v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Joined Cases T-331/10 RENV and T-416/10 RENV Yoshida Metal Industry v OHIM - Pi-Design and Others (Representation of a triangular surface with black dots)
Community trade mark — Invalidity proceedings — Community figurative trade marks representing a surface with black dots — Absolute ground for refusal — Sign consisting exclusively of the shape of the goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T-55/13 Formula One Licensing v OHIM – Idea Marketing (F1H2O)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark F1H2O — Community, international, Benelux and national word and figurative marks with the element ‘F1’ — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier trade marks — Article 8(5) of Regulation No 207/2009
Case T-201/13 Rubinum v Commission
Public health — Food safety — Additive for use in animal nutrition — Preparation of Bacillus cereus var. toyoi — Commission decision to suspend the authorisations of that preparation — Risk to health — Error of Law — Precautionary principle
Case T-218/13 Nutrexpa v OHIM – Kraft Foods Italia Intellectual Property (Cuétara Maria ORO)
Community mark — Opposition proceedings — Application for Community figurative mark Cuétara Maria ORO — Earlier Community and national figurative marks ORO — Partial refusal of registration — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-271/13 Nutrexpa v OHIM – Kraft Foods Italia Intellectual Property (Cuétara MARĺA ORO)
Community mark — Opposition proceedings — Application for Community figurative mark Cuétara MARÍA ORO — Earlier Community and national figurative marks ORO — Partial refusal of registration — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-403/13 APRAM v Commission
Action for annulment — Cohesion Fund — Regulation (EU) No 1164/94 — Reduction of financial assistance — Lack of direct concern — Inadmissibility
Case T-56/14 Evyap v EUIPO – Megusta Trading (nuru)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a wiggly line — Earlier national and international word and figurative marks DURU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-145/14 adidas v OHIM – Shoe Branding Europe (Two parallel stripes on a shoe)
Community trade mark — Opposition proceedings — Application for Community position mark consisting of two parallel stripes on a shoe — Community and national figurative marks and earlier international registration representing three parallel stripes applied to shoes and clothing — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-197/14 La Zaragozana v OHIM – Charles Cooper (GREEN'S)
Community trade mark — Opposition proceedings — Application for the Community figurative trade mark GREEN’S — Earlier national word mark AMBAR GREEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-203/14 Mo Industries v OHIM (Splendid)
Community trade mark — Application for Community figurative mark Splendid — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment — Principle of sound administration
Case T-420/14 Wine in Black v OHIM – Quinta do Noval-Vinhos (Wine in Black)
Community trade mark — Opposition proceedings — Application for Community word mark Wine in Black — Earlier Community word mark NOVAL BLACK — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-635/14 Urb Rulmenti Suceava v OHIM – Adiguzel (URB)
Community trade mark — Invalidity proceedings — Figurative Community trade mark URB — Application for the earlier national mark URB, earlier national collective word mark URB, earlier national collective figurative mark URB and earlier international figurative marks URB — Absolute ground for refusal — No bad faith on the part of the proprietor of the Community trade mark — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No authorisation by the proprietor of the earlier marks — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 — No infringement of Articles 22(3) and 72(1) of Regulation No 207/2009
June 2015
Case T-559/13 Giovanni Cosmetics v OHIM – Vasconcelos & Gonçalves (GIOVANNI GALLI)
Community trade mark – Opposition proceedings – Application for Community figurative mark GIOVANNI GALLI – Earlier Community word mark GIOVANNI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Distinctive character of a first name and a surname
Language of the case: English
Case T-376/13 Versorgungswerk der Zahnärztekammer Schleswig-Holstein v ECB
Access to documents — Decision 2004/258/EC — Exchange Agreement of 15 February 2012 between Greece and the ECB and the national central banks in the Eurosystem — Annexes A and B — Partial refusal to grant access — Public interest — Monetary policy of the European Union and of a Member State — Internal finances of the ECB and the national central banks in the Eurosystem — Stability of the financial system in the European Union
Language of the case: German
Case T-514/13 AgriCapital v OHIM – agri.capital (AGRI.CAPITAL)
Community trade mark — Opposition proceedings — Application for Community word mark AGRI.CAPITAL — Earlier Community word marks AgriCapital and AGRICAPITAL — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T-296/12 Health Food Manufacturers' Association and Others v Commission
Consumer protection — Regulation (EU) No 432/2012 — Health claims made on foods — Actions for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Infringement of Articles 13 and 28 of Regulation (EC) No 1924/2006 — Principle of good administration — Non-discrimination — Incorrect assessment criteria — Regulation No 1924/2006 — Plea of illegality — Right to be heard — Legal certainty — Unreasonable transition period — List of claims on hold
Language of the case: English
Case T-334/12 Plantavis and NEM v Commission and EFSA
Consumer protection — Health claims made on foods — Regulation (EU) No 432/2012 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Regulation (EC) No 1924/2006 — Plea of illegality — Register of health claims
Language of the case: German
Case T-259/15 R Close and Cegelec v Parliament
Interim measures — Public works contracts — Tendering procedure — Construction of an energy unit — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Application for suspension of the operation of a measure — Lack of urgency
Language of the case: French
Case T-655/11 FSL and Others v Commission
Competition — Agreements, decisions and concerted practices — European banana market in Italy, Greece and Portugal — Coordination in the fixing of prices — Admissibility of evidence — Rights of defence — Misuse of powers — Evidence of the infringement — Calculation of the fine
Language of the case: English
Case T-660/11 Polytetra v OHIM – EI du Pont de Nemours (POLYTETRAFLON)
Community trade mark — Opposition proceedings — Application for Community word mark POLYTETRAFLON — Earlier Community word mark TEFLON — No genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Final product incorporating a component — Use of the earlier mark in respect of the final products of third parties — Duty to state reasons
Language of the case: English
Case T-358/11 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Public storage of sugar — Increase of costs relating to warehouse rental — Annual inventory of stocks — Physical inspections of storage sites — Legal certainty — Legitimate expectations — Proportionality — Obligation to state reasons — Existence of a risk of financial loss to the funds — Effectiveness
Language of the case: Italian
Case T-88/13 P Z v Court of Justice
Appeal — Civil service — Officials — Impartiality on the part of the Civil Service Tribunal — Application for the recusal of a judge — Reassignment — Interests of the service — Rule that the grade must correspond with the post — Article 7(1) of the Staff Regulations — Disciplinary proceedings — Rights of defence
Language of the case: French
Case T-527/13 Italy v Commission
State aid — Milk levy — Aid granted by Italy to milk producers — Aid scheme linked to the reimbursement of the milk levy — Conditional decision — Failure to comply with a condition which allowed the aid to be considered compatible with the internal market — De minimis aid — Existing aid — New aid — Alteration to existing aid — Procedure for reviewing State aid — Obligation to state reasons — Burden of proof
Language of the case: Italian
Case T-847/14 GHC v Commission
Environment — Protection of the ozone layer — Fluorinated greenhouse gases — Regulation (EU) No 517/2014 — Placing of hydrofluorocarbons on the market — Determination of a reference value — Allocation of quotas — Duty to state reasons — Method of calculation
Language of the case: German
Case T-186/12 Copernicus-Trademarks v OHIM – Maquet (LUCEA LED)
Community trade mark — Opposition proceedings — Application for Community word mark LUCEA LED — Earlier Community word mark LUCEO — Lack of precedence — Claiming of priority — Priority date entered in the register — Priority documents — Examination by OHIM of its own motion — Rights of the defence
Language of the case: English
Case T-305/13 SACE and Sace BT v Commission
State aid — Export-credit insurance — Reinsurance cover provided by a public undertaking to its subsidiary — Capital contributions to cover the subsidiary’s losses — Concept of State aid — Imputability to the State — Private investor test — Obligation to state reasons
Language of the case: Italian
Case T-95/14 Iranian Offshore Engineering & Construction v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Obligation to state reasons — Right to effective judicial protection — Misuse of power — Right to property — Equal treatment
Language of the case: Spanish
Case T-489/13 La Rioja Alta v OHIM – Aldi Einkauf (VIÑA ALBERDI)
Community trade mark — Invalidity proceedings — Community word mark VIÑA ALBERDI — Earlier national figurative mark VILLA ALBERTI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of coexistence of trade marks — Likelihood of confusion
Language of the case: Spanish
Information (on unpublished decisions)
Case T-573/14 Polyelectrolyte Producers Group and SNF v Commission
Actions for annulment — Environment — Criteria for the award of the EU Ecolabel — Converted paper products — Excluded or limited substances and mixtures — Concentration limits for residual monomers — Article 263, fourth paragraph, TFEU — Lack of individual concern — Inadmissibility
Case T-241/15 R Buga v Parliament and Others
Application for interim measures — Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility
Joined Cases T-544/12 and T-546/12 Pensa Pharma v OHIM – Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa)
Community trade mark — Invalidity proceedings — Community word mark PENSA PHARMA and Community figurative mark pensa — Earlier national and Benelux word marks PENTASA — Express consent to the registration of the Community trade mark before submission of the application for a declaration of invalidity — Article 53(3) of Regulation (EC) No 207/2009 — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 and Article 53(1)(a) of Regulation No 207/2009
Case T-448/13 Bora Creations v OHIM – Beauté prestige international (essence)
Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-578/13 Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission
Action for annulment — Plant protection products — Publication of documents relating to the inclusion of an active substance — Refusal of the request for confidential treatment of certain information — Contested act not attributable to the defendant — Inadmissibility
Case T-604/13 Levi Strauss v OHIM – L&O Hunting Group (101)
Community trade mark — Opposition proceedings — Application for Community word mark 101 — Earlier Community word mark 501 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-273/14 Lithomex v OHIM – Glaubrecht Stingel (LITHOFIX)
Community trade mark — Invalidity proceedings — Community word mark LITHOFIX — Earlier national and international word marks LITHOFIN — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Similarity of goods — No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-254/13 Stayer Ibérica v OHIM – Korporaciya "Masternet" (STAYER)
Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009
Case T-140/14 Bora Creations v OHIM (gel nails at home)
Community trade mark — Application for Community word mark gel nails at home — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-222/14 Deluxe Laboratories v OHIM (deluxe)
Community trade mark — Application for figurative Community mark deluxe — Absolute grounds for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Lack of distinctiveness acquired through use — Article 7(3) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-562/14 Yoo Holdings v OHIM – Eckes-Granini Group (YOO)
Community trade mark — Opposition proceedings — Application for Community word mark YOO — Earlier national and international word marks YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-496/13 McCullough v Cedefop
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the award of public contracts and the conclusion of the ensuing contracts — Request seeking the production of documents in the context of criminal proceedings — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the decision-making process
Case T-452/14 Laboratoires CTRS v Commission
Medicinal products for human use — Orphan medicinal products — Marketing authorisation for the medicinal product Cholic Acid FGK (renamed Kolbam) — Therapeutic indications — Market exclusivity — Article 8(1) of Regulation (EC) No 141/2000
Case T-3/11 Portugal v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Deficiencies in the Land Parcel Identification System and the Geographic Information System (LPIS-GIS) in the performance of on-the-spot checks and in calculation of sanctions (financial years 2005 to 2007
Case T-306/13 Silicium España Laboratorios v OHIM – LLR-G5 (LLRG5)
Community trade mark — Invalidity proceedings — Community word mark ‘LLRG5’ — Absolute ground for refusal — Bad faith on the part of the Community trade mark proprietor — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-585/13 H.P. Gauff Ingenieure v OHIM – Gauff (Gauff JBG Ingenieure)
Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff JBG Ingenieure — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Case T-586/13 H.P. Gauff Ingenieure v OHIM – Gauff (Gauff THE ENGINEERS WITH THE BROADER VIEW)
Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff THE ENGINEERS WITH THE BROADER VIEW — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Case T-654/13 Gako Konietzko v OHIM (Shape of a cylindrical container in red and white)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a cylindrical container in red and white — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-229/14 Norma Lebensmittelfilialbetrieb v OHIM – Yorma's (Yorma Eberl)
Community trade mark — Opposition proceedings — Application for Community word mark Yorma Eberl — Earlier Community and national word marks NORMA — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009
Case T-395/14 Best-Lock (Europe) v OHIM – Lego Juris (Shape of a toy figure)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of a toy figure — Absolute grounds for refusal — Sign consisting exclusively of the shape which results from the nature of the goods themselves — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(i) and (ii) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
Case T-396/14 Best-Lock (Europe) v OHIM – Lego Juris (Shape of a toy figure with protrusion)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of a toy figure with protrusion — Absolute grounds for refusal — Sign consisting exclusively of the shape which results from the nature of the goods themselves — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(i) and (ii) of Regulation (EC) No 207/2009
Case T-274/15 R Alcogroup and Alcodis v Commission
Interim measures — Competition — Agreements, decisions and concerted practices — Market in bioethanol and ethanol — Administrative procedure — Order to submit to an inspection — Refusal to suspend the investigation — Application for interim measures — Inadmissibility
Case T-60/14 BMV Mineralöl v OHIM – Delek Europe (GO)
Community trade mark — Opposition proceedings — Application for Community figurative mark GO — Earlier Community figurative mark GO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-690/13 In vivo v Commission
Action for failure to act — Refusal of the European Anti-Fraud Office (OLAF) to open an external investigation — Position defined — Application for directions to be issued — No direct concern — Inadmissibility
Case T-552/14 Wm. Wrigley Jr. v OHIM (Extra)
Community trade mark — Application for Community figurative mark Extra — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-553/14 Wm. Wrigley Jr. v OHIM (Extra)
Community trade mark — Application for Community figurative mark Extra — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-621/14 Infocit v OHIM – DIN (DINKOOL)
Community trade mark — Opposition proceedings — Application for Community word mark DINKOOL — Earlier international figurative mark DIN — Earlier national business identifier DIN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-625/14 Wm. Wrigley Jr. v OHIM (Representation of a sphere)
Community trade mark — Application for Community figurative mark representing a sphere — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-626/14 Wm. Wrigley Jr. v EUIPO (Representation of a blue sphere)
Community trade mark — Application for Community figurative mark representing a blue sphere — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-26/12 PT Musim Mas v Council
Dumping — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Adjustment — Article 2(9) and (10)(i) of Regulation (EC) No 1225/2009 — Functions similar to those of an agent working on a commission basis — Single economic entity — Manifest error of assessment — Principle of sound administration — Equality and non-discrimination
Case T-662/13 dm-drogerie markt v OHIM – Diseños Mireia (M)
Community trade mark — Opposition proceedings — Application for the Community figurative mark M — Earlier Community word mark dm — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-19/13 Frank Bold v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Decision granting the Czech Republic an option for transitional free allocation of quotas for the modernisation of electricity generation — Request for internal review of that decision — No measure of individual scope — Commission decision declaring the request for a review inadmissible — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-618/14 Grupo Bimbo v OHIM (Shape of a Mexican tortilla)
Community trade mark — Application for three-dimensional Community mark — Shape of a Mexican tortilla — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-404/10 RENV Gambling Commission v OHIM - Mediatek Italia and De Gregorio (Representation of a hand)
Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law
Joined Cases T-186/13, T-190/13 and T-193/13 Netherlands and Others v Commission
State aid — Sale of land — Aid granted to Schouten-de Jong Bouwfonds by a public-private partnership set up by the Municipality of Leidschendam-Voorburg — Reduction in the sale price of land and retroactive exemption from payment of the fees payable for its exploitation and quality — Decision declaring the aid incompatible with the common market and ordering its recovery — Concept of aid — Private-investor test — Assessment of all factors relevant to the transaction at issue and its context
July 2015
Joined Cases T-425/04 RENV and T-444/04 RENV France and Orange v Commission
State Aid — Financial measures in favour of France Télécom — Shareholder loan offer — Public declarations by the French State — Decision declaring the aid incompatible with the common market — Absence of extension of the formal investigation procedure — Rights of the defence — Prudent private investor criterion — Normal market conditions — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-214/13 Typke v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to competition EPSO/AD/230-231/12 — Implied refusal to grant access — Refusal to grant access — Request for modification of the form of order sought submitted in the reply — Time-limit — Withdrawal of the implied decision — No need to adjudicate — Concept of a document — Extraction and organisation of information contained in electronic databases
Language of the case: English
Case T-657/13 BH Stores v OHIM – Alex Toys (ALEX)
Community trade mark — Opposition proceedings — Application for Community word mark ALEX — National word and figurative marks ALEX — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the appeal before the Board of Appeal — Obligation to state reasons — Article 75 of Regulation No 207/2009 — No similarity between the goods and services covered by the marks at issue — No likelihood of confusion
Language of the case: English
Case T-677/13 Axa Versicherung v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a proceeding pursuant to the competition rules — Request relating to a set of documents — Refusal to grant access — Request relating to a single document — Table of contents — Obligation to undertake a specific and individual examination — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Claim for damages — Obligation to state reasons
Language of the case: German
Case T-312/14 Federcoopesca and Others v Commission
Action for annulment — Fisheries — Community control system for ensuring compliance with the rules of the common fisheries policy — Commission decision establishing an action plan to overcome shortcomings in the Italian fisheries control system — Act that does not, in itself, alter the applicant’s legal situation — Lack of individual concern — Inadmissibility
Language of the case: Italian
Case T-536/11 European Dynamics Luxembourg and Others v Commission
Public service contracts — Tender procedure — Provision of computing services for the development and maintenance of software, consultancy and assistance for different types of IT applications — Ranking of a tenderer’s bid in the cascade for different lots and ranking of the bids of other tenderers — Obligation to state reasons — Award criterion — Manifest error of assessment — Non-contractual liability
Language of the case: English
Case T-436/12 Deutsche Rockwool Mineralwoll v OHIM – Ceramicas del Foix (Rock & Rock)
Community trade mark — Invalidity proceedings — Community figurative mark Rock & Rock — Earlier national word marks MASTERROCK, FIXROCK, FLEXIROCK, COVERROCK and CEILROCK — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Language of the case: English
Case T-548/12 Deutsche Rockwool Mineralwoll v OHIM – Redrock Construction (REDROCK)
Community trade mark — Invalidity proceedings — Community figurative mark REDROCK — Earlier national word marks ROCK, KEPROCK, FLEXIROCK, FORMROCK, FLOOR-ROCK, TERMAROCK, KLIMAROCK, SPEEDROCK, DUROCK, SPLITROCK, PLANAROCK, TOPROCK, KLEMMROCK, FIXROCK, SONOROCK PLUS, VARIROCK, SONOROCK and MASTERROCK — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Language of the case: Czech
Case T-55/14 Genossenschaftskellerei Rosswag-Mühlhausen v OHIM (Lembergerland)
Community trade mark — Application for Community word mark Lembergerland — Absolute ground for refusal — Trade mark for wine with geographical indications — Article 7(1)(j) of Regulation (EC) No 207/2009
Language of the case: German
Case T-47/10 Akzo Nobel and Others v Commission
Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Duration of the infringements — Limitation period — Duration of the administrative procedure — Reasonable time — Rights of the defence — Attribution of the infringements — Infringements committed by the subsidiaries, by a partnership without legal personality of its own and by a subsidiary — Calculation of the amount of the fines
Language of the case: English
Case T-189/10 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by subsidiaries — Fines — Joint and several liability of the subsidiaries and the parent company — Exceeding the 10% ceiling for one of the subsidiaries — Decision readopted — Reduction of the fine for that subsidiary — Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine — Rights of the defence — Right to be heard — Right of access to the file
Language of the case: German
Cases T-389/10 and T-419/10 SLM and Ori Martin v Commission
Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation — 2006 Guidelines on the method of setting fines — Imputation of liability for the infringement to the parent company — Proportionality — Principle that penalties must be specific to the individual and to the offence — Unlimited jurisdiction
Language of the case: Italian
Case T-391/10 Nedri Spanstaal v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Quota fixing and price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Maximum amount of 10% of turnover — Relevant turnover — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines
Language of the case: Dutch
Case T-393/10 Westfälische Drahtindustrie and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Complex infringement — Single and continuous infringement — Distancing — Gravity of the infringement — Mitigating circumstances — Equal treatment — Principle that penalties must fit the offence — Appraisal of ability to pay — 2002 Commission Notice on cooperation — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
Case T-398/10 Fapricela v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure
Language of the case: Portuguese
Case T-406/10 Emesa-Trefilería and Industrias Galycas v Commission
Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Article 139(a) of the Rules of Procedure of the General Court
Language of the case: English
Cases T-413/10 and T-414/10 Socitrel and Companhia Previdente v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines — Reasonable time
Language of the case: Portuguese
Case T-418/10 voestalpine and voestalpine Wire Rod Austria v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Single, complex and continuous infringement — Agency agreement — Imputability to the principal of the unlawful conduct of the agent — Lack of awareness by the principal of the unlawful conduct of the agent — Participant in a component of the infringement and awareness of the overall plan — 2006 Guidelines on the method of setting fines — Proportionality — Principle that penalties must fit the individual offender — Unlimited jurisdiction
Language of the case: German
Case T-422/10 Trafilerie Meridionali v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proportionality — Principle that the penalty must fit the offence — Unlimited jurisdiction
Language of the case: Italian
Case T-423/10 Redaelli Tecna v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Reasonable time
Language of the case: Italian
Case T-436/10 HIT Groep v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Rules on the imputability of the anticompetitive practices of a subsidiary to its parent company — Presumption of actual exercise of decisive influence — Reasonable time
Language of the case: Dutch
Case T-485/11 Akzo Nobel and Akcros Chemicals v Commission
Competition — Agreements, decisions and concerted practices — European markets for heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by a jointly-held subsidiary — Fines — Joint and several liability of the subsidiary and the parent companies — Ten-year limitation period applicable to one of the parent companies — Decision readopted — Reduction of the amount of the fine imposed on one of the parent companies — Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine — Rights of the defence
Language of the case: English
Case T-462/12 Pilkington Group v Commission
Competition — Administrative procedure — European automotive glass market — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of data allegedly covered by business secrecy — Obligation to state reasons — Confidentiality — Obligation of professional secrecy — Legitimate expectations
Language of the case: English
Case T-465/12 AGC Glass Europe and Others v Commission
Competition — Administrative procedure — European automotive glass market — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information the Commission intends to publish — Obligation to state reasons — Confidentiality — Obligation of professional secrecy — Leniency programme — Legitimate expectations — Equal treatment
Language of the case: English
Case T-115/13 Dennekamp v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Article 8(b) of Regulation (EC) No 45/2001 — Transfer of personal data — Conditions concerning the necessity of having the data transferred and the risk that the data subject’s legitimate interests might be prejudiced
Language of the case: English
Case T-337/13 CSF v Commission
Approximation of laws — Directive 2006/42/EC — Machinery bearing the ‘CE’ marking — Essential safety requirements — Risks to the safety of persons — Safeguard clause — Commission decision declaring a national measure prohibiting the placing on the market to be justified — Conditions governing the implementation of the safeguard clause — Manifest error of assessment — Equal treatment
Language of the case: Italian
Case T-398/13 TVR Automotive v OHIM – TVR Italia (TVR ITALIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark TVR ITALIA — Earlier national and Community word marks TVR — Relative ground for refusal– Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 –Revocation proceedings — Genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1) of Regulation No 207/2009
Language of the case: English
Case T-611/13 Australian Gold v OHIM – Effect Management & Holding (HOT)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Figurative mark HOT — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Second sentence of Article 75 of Regulation No 207/2009 — Cross-claim before the Board of Appeal — Article 8(3) of Regulation (EC) No 216/96 — Cross-claim before the General Court — Article 134(3) of the Rules of Procedure of 2 May 1991
Language of the case: German
Case T-207/15 R National Iranian Tanker Company v Council
Application for interim measures — Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Application for suspension of operation of a measure — Prima facie case — Balancing of interests — No urgency
Language of the case: English
Information (on unpublished decisions)
Case T-516/10 France v Commission
EAGGF — ‘Guidance’ Section — Reduction of financial aid — Community initiative programme Leader+ — Failure to comply with the time-limit for adoption of a decision — Infringement of an essential procedural requirement
Case T-44/11 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Aid for the production of skimmed-milk powder — Irregularities or negligence attributable to administrative authorities or bodies of the Member States — Proportionality — Obligation to state reasons — Principle of ne bis in idem — Reasonable period
Case T-521/13 Alpinestars Research v OHIM – Tung Cho and Wang Yu (A ASTER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark A ASTER — Earlier Community word mark A-STARS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-89/11 Nanu-Nana Joachim Hoepp v OHIM – Vincci Hoteles (NANU)
Community trade mark — Opposition proceedings — Application for Community word mark NANU — Earlier Community word mark NAMMU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-98/13 and T-99/13 CMT v OHIM – Camomilla (Camomilla)
Community trade mark — Invalidity proceedings — Community figurative mark Camomilla — Earlier national figurative mark CAMOMILLA — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — No similarity between the goods — No damage to reputation — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009 — Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-100/13 CMT v OHIM – Camomilla (CAMOMILLA)
Community trade mark — Invalidity proceedings — Community word mark CAMOMILLA — Earlier national figurative mark Camomilla — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — Genuine use of the earlier mark — Additional evidence brought before the Board of Appeal
Case T-436/14 Neka Novin v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Iran — Freezing of funds — Period allowed for commencing proceedings — Publication of a notice in the Official Journal — Article 102(1) of the Rules of Procedure of the General Court of 2 May 1991 — Rejection of the plea of inadmissibility
Case T-617/14 Pro Asyl v EASO
Access to documents — Regulation (EC) No 1049/2001 — Operational Plan for the deployment of an asylum support team in the territory of Bulgaria — Refusal of access — No need to adjudicate — Action for annulment — Electronic document register — Partial manifest inadmissibility
Case T-45/10 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — European market for ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Fines — Attribution of the infringement — Shareholding presumption — Duration and proof of the infringement — Limitation period — Duration of the administrative procedure — Reasonable time — Rights of the defence
Case T-323/12 Knauf Insulation Technology v OHIM – Saint Gobain Cristalería (ECOSE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ECOSE — Earlier national word mark ECOSEC FACHADAS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-324/12 Knauf Insulation Technology v OHIM – Saint Gobain Cristalería (ECOSE TECHNOLOGY)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ECOSE TECHNOLOGY — Earlier national word mark ECOSEC FACHADAS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-24/13 Cactus v OHIM – Del Rio Rodríguez (CACTUS OF PEACE CACTUS DE LA PAZ)
Community trade mark — Opposition proceedings — Application for Community figurative mark CACTUS OF PEACE CACTUS DE LA PAZ — Earlier Community word mark CACTUS and earlier figurative mark Cactus — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Article 76(1) and (2) of Regulation No 207/2009
Case T-215/13 Deutsche Rockwool Mineralwoll v OHIM – Recticel (λ)
Community trade mark — Revocation proceedings — Community figurative mark λ — Genuine use — Use as part of a composite mark — Proof of use — Articles 15 and 51(1) of Regulation (EC) No 207/2009
Case T-314/13 Portugal v Commission
Cohesion Fund — Development of port infrastructures of the Autonomous Region of Madeira (Port of Caniçal) — Reduction of financial assistance — Non-compliance with the time-limit for adopting a decision — Infringement of essential procedural requirements
Case T-333/13 Westermann Lernspielverlag v OHIM – Diset (bambinoLÜK)
Community trade mark — Opposition proceedings — Application for Community figurative mark bambinoLÜK — Earlier Community figurative mark BAMBINO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-561/13 Spain v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development programme for Galicia (2007 2013) — Rural development support measures — Compensation payments for natural handicaps — Expenses incurred by Spain — On-the-spot checks — Obligation to carry out a census of animals — Article 10(2) and (4) and Article 14(2) of Regulation (EC) No 1975/2006 — Article 35(1) of Regulation (EC) No 796/2004 — Default procedure
Case T-352/14 The Smiley Company v OHIM – The Swatch Group Management Services (HAPPY TIME)
Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-631/14 Roland v EUIPO – Louboutin (Nuance of red on the sole of a shoe)
Community trade mark — Opposition proceedings — Application for Community trade mark consisting of a nuance of red on the sole of a shoe — Earlier international figurative mark my SHOES — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-69/15 NK Rosneft and Others v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Lis pendens — Manifest inadmissibility
Case T-565/14 EEB v Commission
Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Poland of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Case T-685/14 EEB v Commission
Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Bulgaria of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Case T-321/15 R GSA and SGI v Parliament
Application for interim measures — Public service contracts — Tender procedure — Fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels — Rejection of the bid made by a tenderer and award of the contract to another tenderer — Application for suspension of operation of a measure — Lack of urgency
Case T-724/14 European Children's Fashion Association and Instituto de Economía Pública v EACEA
Action for annulment — Arbitration clause — Action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the children’s product sector’ project — Pre-information letter — Debit note — Identification of the defendant — Partial inadmissibility
September 2015
Case T-235/15 R Pari Pharma v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
Case T-344/15 R France v Commission
Application for interim measures — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents sent by the authorities to the Commission in accordance with the procedure laid down in Directive 98/34/EC — France’s objection to disclosure of the documents — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Language of the case: French
Case T-676/14 Spain v Commission
Action for annulment — Article 8(3) of Regulation (EU) No 1173/2011 — Effective enforcement of budgetary surveillance in the euro area — Manipulation of statistics — Commission decision to initiate an investigation — Act not amenable to review — Preparatory act — Inadmissibility
Language of the case: Spanish
Case T-503/12 United Kingdom v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls
Language of the case: English
Case T-245/13 United Kingdom v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls — Articles 51, 53, 73 and 73a of Regulation (EC) No 796/2004
Language of the case: English
Case T-564/12 Ministry of Energy of Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Breach of fundamental rights — Proportionality
Language of the case: English
Case T-82/13 Panasonic and MT Picture Display v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Rights of the defence — Proof of participation in the cartel — Single and continuous infringement — 2006 Guidelines on the method of setting fines — Proportionality — Fines — Unlimited jurisdiction
Language of the case: English
Case T-104/13 Toshiba v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Proof of participation in the cartel — Single and continuous infringement — Imputability of the infringement — Joint control — Fines — Unlimited jurisdiction
Language of the case: English
Case T-660/14 SV Capital v EBA
Economic and monetary policy — Application to initiate an investigation for an alleged breach of EU law — Decision of the EBA — Decision of the Board of Appeal of the European Supervisory Authorities — Finding of the Court of its own motion — Lack of competence of the author of the act — Action for annulment — Period allowed for commencing proceedings — Delay — Partly inadmissible
Language of the case: English
Case T-525/13 H&M Hennes & Mauritz v OHIM – Yves Saint Laurent (Handbags)
Community design — Invalidity proceedings — Registered Community design representing handbags — Earlier design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002 — Obligation to state reasons
Language of the case: English
Case T-585/14 Slovenia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Language of the case: Slovene
Case T-346/12 Hungary v Commission
Agriculture — Common organisation of the markets — Fruit and vegetable sector — National financial assistance granted to producer organisations — Commission implementing decision concerning the reimbursement by the European Union of national financial assistance granted by Hungary to its producer organisations — Article 103e of Regulation (EC) No 1234/2007 — Article 97 of Regulation (EC) No 1580/2007
Language of the case: Hungarian
Case T-472/12 Novartis Europharm v Commission
Medicinal products for human use — Marketing authorisation for the generic medicinal product Zoledronic acid Teva Pharma — zoledronic acid — Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid — Directive 2001/83/EC — Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 — Global marketing authorisation — Regulatory data protection period
Language of the case: English
Case T-89/13 Calestep v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Action manifestly lacking any foundation in law
Language of the case: Spanish
Case T-231/14 P EMA v Drakeford
Appeal — Civil service — Temporary staff — Fixed-term contract — Non-renewal decision — Article 8, first paragraph, of the CEOS — Reclassification of a fixed-term contract as a contract of indefinite duration — Unlimited jurisdiction
Language of the case: French
Case T-550/14 Volkswagen v OHIM (COMPETITION)
Community trade mark — Application for Community word mark COMPETITION — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T-421/07 RENV Deutsche Post v Commission
State aid — Postal delivery — Measures taken by the German authorities in favour of Deutsche Post AG — Decision to initiate the procedure laid down in Article 88(2) EC — Interest in bringing proceedings — Re-opening of a closed procedure — Effects of a judgment annulling a measure
Language of the case: German
Case T-1/08 INTP Buczek Automotive v Commission
Procedure — Interpretation of a judgment
Language of the case: Polish
Case T-710/13 Bundesverband Deutsche Tafel v OHIM – Tiertafel Deutschland (Tafel)
Community trade mark — Invalidity proceedings — Community word mark Tafel — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Language of the case: German
Case T-161/13 First Islamic Investment Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality
Language of the case: English
Case T-245/11 ClientEarth and International Chemical Secretariat v ECHA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by ECHA — Documents deriving from a third party — Time-limit for response to an application for access — Refusal of access — Exception relating to protection of the commercial interests of a third party — Exception relating to protection of the decision-making process — Overriding public interest — Environmental information — Emissions into the environment
Language of the case: English
Joined Cases T-261/13 and T-86/14 Netherlands v Commission
HICP — Regulation (EC) No 2494/95 — Harmonised indices of consumer prices at constant tax rates (HICP-CT) — Regulation (EU) No 119/2013 — Owner-occupied housing price indices — Regulation (EU) No 93/2013 — Eurostat — Comitology — Implementing measures — Regulatory procedure with scrutiny
Language of the case: Dutch
Case T-205/14 Schroeder v Council and Commission
Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared by the Court of Justice to be invalid — Loss allegedly suffered by the applicant following the adoption of the regulation — Action for compensation — Exhaustion of domestic remedies — Admissibility — Sufficiently serious infringement of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link
Language of the case: German
Case T-674/11 TV2/Danmark v Commission
State aid — Public-service broadcasting — Decision declaring aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark — Public funding granted to offset the costs involved in the performance of public-service obligations — Concept of aid — Judgment in Altmark
Language of the case: Danish
Case T-125/12 Viasat Broadcasting UK v Commission
State aid — Public-service broadcasting — Decision declaring aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark — Public funding granted to offset the costs involved in the performance of public-service obligations — Compatibility of aid — Judgment in Altmark
Language of the case: English
Cases T-124/13 and T-191/13 Italy and Spain v Commission
Languages — Notices of open competition for the recruitment of administrators and assistants — Choice of second language from three languages — Language of communication with candidates in competitions — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Languages of the case: Italian and Spanish
Case T-268/10 RENV PPG and SNF v ECHA
REACH — Identification of acrylamide as a substance of very high concern — Intermediates — Action for annulment — Whether directly concerned — Admissibility — Proportionality — Equal treatment
Language of the case: English
Case T-360/13 VECCO and Others v Commission
REACH — Inclusion of chromium trioxide in the list of substances subject to authorisation — Uses or categories of uses exempted from the authorisation requirement — Concept of ‘existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance’ — Manifest error of assessment — Proportionality — Rights of the defence — Principle of sound administration
Language of the case: English
Case T-684/13 Copernicus-Trademarks v OHIM – Bolloré (BLUECO)
Community trade mark — Opposition proceedings — Application for the Community word mark BLUECO — Earlier Community word mark BLUECAR — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for variation made by the intervener — Article 65(4) of Regulation No 207/2009
Language of the case: German
Case T-450/12 Anagnostakis v Commission
Law governing the institutions — European citizens’ initiative — Economic and monetary policy — Non-payment of sovereign debt — Establishment of the principle of the ‘state of necessity’ — Refusal of registration — Powers of the Commission — Obligation to state reasons
Language of the case: Greek
Case T-136/14 Tilda Riceland Private v OHIM – Siam Grains (BASmALI)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASmALI — Earlier non-registered trade mark or earlier sign BASMATI — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Language of the case: English
Information (on unpublished decisions)
Case T-441/13 Makhlouf v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Right to property — Right to respect for private life — Proportionality — Force of res judicata — Time-limit for bringing an action — Admissibility — Action manifestly lacking any foundation in law
Case T-368/15 R Alcimos Consulting v ECB
Application for interim measures — Economic and monetary policy — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Application for suspension of operation of a measure — Breach of procedural requirements — Inadmissibility
Case T-225/14 iNET24 Holding v OHIM (IDIRECT24)
Community trade mark — International registration designating the European Community — Word mark IDIRECT24 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-254/14 Warenhandelszentrum v OHIM – Baumarkt Max Bahr (NEW MAX)
Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NEW MAX — Earlier figurative Community trade mark MAX — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-577/12 NIOC and Others v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Standing to bring proceedings — Admissibility — Obligation to state reasons — Indication and choice of legal basis — Competence of the Council — Principle of foreseeability of European Union acts — Meaning of associated entity — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Proportionality — Right to property
Case T-234/12 Amitié v Commission
Arbitration clause — Grant — Financial aid — Suspension of payment — Claim for reimbursement of the declared costs — Damages — Interest on late payment — Debit note — Contractual liability — Counterclaim
Case T-714/13 Gold Crest v OHIM (MIGHTY BRIGHT)
Community trade mark — Application for the Community word mark MIGHTY BRIGHT — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-84/13 Samsung SDI and Others v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Duration of the infringement — Cooperation during the administrative procedure — 2006 Leniency Notice — Reduction of the fine — Calculation of the fine — Taking account of undertakings’ sales according to the place of delivery — Taking account of the average value of sales recorded during the infringement period
Case T-91/13 LG Electronics v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Imputability to a parent company of an infringement committed by a joint venture — Equal treatment — Method of calculating the fine — Taking into account the value of sales of cathode ray tubes through transformed products — Limitation period — Proportionality — Duration of the administrative procedure
Case T-92/13 Philips v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Imputability to a parent company of an infringement committed by a joint venture — Equal treatment — Method of calculating the fine — Taking into account the value of sales of cathode ray tubes through transformed products — Taking into account the average value of sales recorded during the infringement — Taking into account the overall turnover of the group — Proportionality — Duration of the administrative procedure
Case T-168/14 Pérez Gutiérrez v Commission
Non-contractual liability — Public health — Directive 2011/37/EC — Manufacture, presentation and sale of tobacco products — Colour photographs proposed by the Commission as health warnings to appear on tobacco packages — Decision 2003/641/EC — Unauthorised use of the image of a deceased person — Harm suffered personally by the widow of the deceased person
Case T-278/14 Dairek Attoumi v OHIM – Diesel (DIESEL)
Community design — Invalidity proceedings — Registered Community design DIESEL — Earlier international word mark DIESEL — Ground for invalidity — Use of a distinctive sign — Likelihood of confusion — Article 25(1)(e) of Regulation (EC) No 6/2002 — Proof of genuine use — Stay of the administrative proceedings
Case T-530/14 Verein StHD v OHIM (Representation of a black ribbon)
Community trade mark — Application for Community figurative mark representing a black ribbon — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-584/14 Inditex v OHIM – Ansell (ZARA)
Community trade mark — Proceedings for revocation — Community word mark ZARA — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-633/14 Monster Energy v OHIM (Representation of a peace symbol)
Community trade mark — Period for bringing an action — Point from which time starts to run — Notification of the Board of Appeal’s decision by fax machine — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
Case T-666/14 Monster Energy v OHIM (GREEN BEANS)
Community trade mark — Period for bringing an action — Point from which time starts to run — Notification of the Board of Appeal’s decision by fax machine — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
Case T-446/10 Dow AgroSciences and Dintec Agroquímica - Produtos Químicos v Commission
Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Principle of non-discrimination — Proportionality
Case T-346/13 Greece v Commission
EAGGF — ‘Guarantee’ Section — EAGGF and EAFRD — Expenditure excluded from financing — Rural development measures — Agri-environment — Adequate checks — Lump-sum financial corrections
Case T-526/13 H&M Hennes & Mauritz v OHIM – Yves Saint Laurent (Handbags)
Community design — Invalidity proceedings — Registered Community design representing handbags — Earlier design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002 — Obligation to state reasons
Case T-30/14 Laverana v OHIM (BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-77/14 EE v OHIM (Representation of white dots on a grey background)
Community trade mark — Application for a Community figurative mark representing white dots on a grey background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-91/14 and T-92/14 Schniga v CPVO – Brookfield New Zealand and Elaris (Gala Schnitzer)
Plant varieties — Application for a Community plant variety right for the apple variety Gala Schnitzer — Technical examination — Distinctiveness — Test guidelines — Discretion enjoyed by the President of the CPVO
Case T-94/14 EE v OHIM (Representation of white dots on a blue background)
Community trade mark — Application for a Community figurative mark representing white dots on a blue background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-143/14 EE v OHIM (Representation of white dots on a yellow background)
Community trade mark — Application for a Community figurative mark representing white dots on a yellow background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-144/14 EE v OHIM (Representation of white dots on an ivory background)
Community trade mark — Application for a Community figurative mark representing white dots on an ivory background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-321/14 Volkswagen v OHIM (STREET)
Community trade mark — Application for Community word mark STREET — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-453/14 Pannonhalmi Főapátság v Parliament
Action for annulment — Petition addressed to the Parliament concerning ownership of Lónyay castle in Rusovce (Slovak Republic) — Petition declared inadmissible — Obligation to state reasons — Action manifestly lacking any foundation in law
Case T-568/14 Laverana v OHIM (BIO FLUIDE DE PLANTE PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO FLUIDE DE PLANTE PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-569/14 Laverana v OHIM (BIO COMPLEXE DE PLANTES ENRICHI EN PROTÉINES PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO COMPLEXE DE PLANTES ENRICHI EN PROTÉINES PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-570/14 Laverana v OHIM (BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG)
Community trade mark — Application for Community figurative mark BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-571/14 Laverana v OHIM (BIO PROTEINREICHER PFLANZENKOMPLEX AUS EIGENER HERSTELLUNG)
Community trade mark — Application for Community figurative mark BIO PROTEINREICHER PFLANZENKOMPLEX AUS EIGENER HERSTELLUNG — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-572/14 Laverana v OHIM (BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA)
Community trade mark — Application for Community figurative mark BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-608/14 Laverana v OHIM (ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION)
Community trade mark — Application for Community figurative mark ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-609/14 Laverana v OHIM (ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION)
Community trade mark — Application for Community figurative mark ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-610/14 Laverana v OHIM (BIO organic)
Community trade mark — Application for Community figurative mark BIO organic — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-420/13 Brouillard v Court of Justice
Public service contracts — Tender procedure — Conclusion of framework contracts — Translation of legal texts into French — Invitation to submit a tender — Exclusion of a proposed subcontractor — Professional capacity — Full legal education requirement — Recognition of professional qualifications — Proportionality — Transparency
Case T-678/14 Slovakia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-779/14 Slovakia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-784/14 Romania v Commission
Action for annulment — European Union’s own resources — Financial liability of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Amount of default interest — Letter from the Commission — Act not subject to appeal — Inadmissible
Case T-841/14 Spain v Commission
Action for annulment — Own resources of the European Union — Financial liability of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Amount of default interest — Letter from the Commission — Act not subject to appeal — Inadmissible
Case T-483/12 Nestlé Unternehmungen Deutschland v OHIM – Lotte (Representation of a koala bear)
Community trade mark — Opposition proceedings — Application for the Community figurative mark representing koala bears — Earlier national three-dimensional mark KOALA-BÄREN and earlier national figurative mark KOALA — Genuine use of the mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T-67/13 Novartis Europharm v Commission
Medicinal products for human use — Marketing authorisation for the generic medicinal product Zoledronic acid Hospira — zoledronic acid — Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid — Directive 2001/83/EC — Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 — Global marketing authorisation — Regulatory data protection period
Case T-158/13 Iralco v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment
Case T-578/14 VSM Geneesmiddelen v Commission
Action for failure to act and for annulment — Consumer protection — Health claims relating to food — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing proceedings — No interest in bringing proceedings — Non-actionable measure — Inadmissibility
Case T-619/14 Bionorica v Commission
Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility
Case T-620/14 Diapharm v Commission
Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility
Case T-691/13 Ricoh Belgium v Council
Public service and supply contracts — Tender procedure — Black and white multifunction printers and maintenance services — Rejection of the bid made by a tenderer — Obligation to state reasons — Transparency
Case T-323/14 Bankia v OHIM – Banco ActivoBank (Portugal) (Bankia)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Bankia — Earlier national word mark BANKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-5/13 Iran Liquefied Natural Gas v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Locus standi — Interest in bringing proceedings — Admissibility — Error of assessment — Adjustment of the temporal effects of an annulment
Case T-121/13 Oil Pension Fund Investment Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Proportionality — Right to hold property — Adjustment of the temporal effects of an annulment
Joined Cases T-156/13 and T-373/14 Petro Suisse Intertrade v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Infra-State body — Locus standi and interest in bringing proceedings — Admissibility — Right to be heard — Obligation to notify — Obligation to state reasons — Rights of the defence — Manifest error of assessment — Right to property
Case T-387/13 Federación Nacional de Cafeteros de Colombia v OHIM – Hautrive (COLOMBIANO HOUSE)
Community trade mark — Opposition proceedings — Application for Community figurative mark COLOMBIANO HOUSE — Earlier protected geographical indication Café de Colombia — Articles 13 and 14 of Regulation (EC) No 510/2006 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Case T-395/13 Miettinen v Council
Access to documents — Regulation (EC) No 1049/2001 — Opinion of the Council’s legal service concerning proposals for a Directive and a Regulation of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation — Partial refusal of access — Exception relating to protection of legal advice — Exception relating to protection of the decision-making process
Case T-428/13 IOC-UK v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Right to be heard — Obligation to state reasons — Rights of the defence — Manifest error of assessment — Proportionality — Right to property — Equal treatment and non-discrimination
Case T-45/14 HTTS and Bateni v Council
Common foreign and security policy — Restrictive measures adopted against Iran — Freezing of funds — Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to property — Freedom to conduct a business — Right to respect for family life — Proportionality
Case T-359/14 Federación Nacional de Cafeteros de Colombia v OHIM – Accelerate (COLOMBIANO COFFEE HOUSE)
Community trade mark — Invalidity proceedings — Community figurative mark COLOMBIANO COFFEE HOUSE — Earlier protected geographical indication Café de Colombia — Articles 13 and 14 of Regulation (EC) No 510/2006 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Case T-436/15 R Consorzio Vivaisti viticoli pugliesi and Negro v Commission
Interim measures — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa — Application for suspension of operation of a measure — Failure to comply with the procedural requirements — Inadmissibility
Case T-437/15 R Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission
Interim measures — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa — Application for suspension of operation of a measure — Failure to comply with the procedural requirements — Inadmissibility
Case T-60/13 Appelrath-Cüpper v OHIM – Ann Christine Lizenzmanagement (AC)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark AC — Earlier figurative national and international trade marks AC ANN CHRISTINE and earlier figurative Community trade marks AC ANN CHRISTINE OCEAN and AC ANN CHRISTINE INTIMATE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-400/13 L'Oréal v OHIM – Cosmetica Cabinas (AINHOA)
Community trade mark — Invalidity proceedings — Community word mark AINHOA — Earlier Community and international figurative marks NOA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-426/13 L'Oréal v OHIM – Cosmetica Cabinas (AINHOA)
Community trade mark — Revocation proceedings — Community word mark AINHOA — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the mark’s distinctive character
Case T-633/13 Reed Exhibitions v OHIM (INFOSECURITY)
Community trade mark — Application for Community word mark INFOSECURITY — Absolute ground for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-193/14 Cristiano di Thiene v OHIM – Nautica Apparel (AERONAUTICA)
Community trade mark — Opposition proceedings — Application for Community word mark AERONAUTICA — Earlier Community word marks NAUTICA and NAUTICA BLUE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-206/14 Hüpeden v Council and Commission
Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared invalid by the Court of Justice — Loss allegedly suffered by the applicant as a result of the adoption of the regulation — Action for damages — Exhaustion of remedies under domestic law — Admissibility — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link
Case T-588/14 Mechadyne International v OHIM (FlexValve)
Community trade mark — Application for a Community figurative mark FlexValve — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Rights of the defence — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-557/13 Germany v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure in the context of the European quota system in relation to the production of potato starch — Rights of the defence
Case T-195/14 Primagaz v OHIM – Reeh (PRIMA KLIMA)
Community trade mark — Opposition proceedings — Application for Community figurative mark PRIMA KLIMA — Earlier Community figurative mark PRIMAGAZ — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of goods and services — Similarity of the signs — Distinctive character of a laudatory word element — Conceptual comparison — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-211/14 Klement v OHIM – Bullerjan (Form of an oven)
Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51 (1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
Case T-317/14 Klement v OHIM – Bullerjan (Form of an oven)
Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
Case T-382/14 Rintisch v OHIM – Compagnie laitière européenne (PROTICURD)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark PROTICURD — Earlier national word marks PROTI and PROTIPLUS — Earlier national figurative mark Proti Power — Relative ground for refusal — Admissibility — Article 59 of Regulation (EC) No 207/2009 and Article 8(3) of Regulation (EC) No 216/96 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Genuine use of the earlier marks — Article 42(2) of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-641/14 Dellmeier v OHIM – Dell (LEXDELL)
Community trade mark — Opposition proceedings — Application for the Community word mark LEXDELL — Earlier Community figurative mark DELL — Relative grounds for refusal — Detriment to the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
Case T-209/14 Bopp v OHIM (Representation of a green octagonal frame)
Community trade mark — Application for figurative Community mark representing a green octagonal frame — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-366/14 August Storck v OHIM (2good)
Community trade mark — Application for Community word mark 2good — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-591/14 BSH v OHIM (PerfectRoast)
Community mark — Application for Community word mark PerfectRoast — Refusal of registration — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-707/14 Grundig Multimedia v OHIM (DetergentOptimiser)
Community trade mark — Application for the Community word mark DetergentOptimiser — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment
Case T-364/13 Mocek and Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna v OHIM – Lacoste (KAJMAN)
Community trade mark — Opposition proceedings — Application for Community figurative mark KAJMAN — Earlier Community figurative mark representing a crocodile — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Applications for annulment and alteration brought by the intervener — Article 134(3) of the Rules of Procedure of 2 May 1991
Case T-610/13 Ecolab USA v OHIM (GREASECUTTER)
Community trade mark — International registration designating the European Community — Word mark GREASECUTTER — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-720/13 Gat Microencapsulation v OHIM – BASF (KARIS)
Community trade mark — Opposition proceedings — Application for the Community word mark KARIS — Earlier Community marks and earlier international word mark CARYX — Earlier national marks and earlier Benelux word mark AKRIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-369/14 Sequoia Capital Operations v OHIM – Sequoia Capital (SEQUOIA CAPITAL)
Community trade mark — Invalidity proceedings — Community word mark SEQUOIA CAPITAL — Earlier Community word mark SEQUOIA — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T-385/14 Volkswagen v OHIM (ULTIMATE)
Community trade mark — Application for Community word ULTIMATE — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
October 2015
Case T-540/13 Société européenne des chaux et liants v ECHA
Action for annulment — REACH — Imposition of an administrative charge for an error in declaration relating to the size of the undertaking — Rules on languages — Period allowed for commencing proceedings — Inadmissibility
Language of the case: French
Case T-624/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Language of the case: English
Case T-216/12 Technion and Technion Research & Development Foundation v Commission
Financial assistance — Sixth framework programme for research, technological development and demonstration activities — Recovery of sums paid by the Commission in connection with a research contract in line with the conclusions of a financial audit — Set-off of claims — Reclassification in part of the action — Application for a declaration that a contractual claim is non-existent — Arbitration clause — Eligible costs — Unjust enrichment — Obligation to state reasons
Language of the case: French
Case T-250/12 Corporación Empresarial de Materiales de Construcción v Commission
Competition — Agreements, decisions and concerted practices — Sodium chlorate market in the EEA — Amending decision reducing the determined duration of participation in the cartel — Calculation of the amount of the fine — Whether time-barred — Article 25 of Regulation No 1/2003
Language of the case: English
Case T-545/14 GEA Group v OHIM (engineering for a better world)
Community trade mark — Application for Community word mark engineering for a better world — Merely confirmatory decision — Final nature of the decision confirmed — Raised by the General Court of its own motion — Inadmissibility
Language of the case: German
Case T-299/11 European Dynamics Luxembourg and Others v OHIM
Public service contracts — Tendering procedure — Supplies of external service provision for programme and project management and technical consultancy in the field of information technologies — Ranking of a tenderer in the cascade procedure — Award criteria — Equal opportunities — Transparency — Manifest error of assessment — Obligation to state reasons — Non-contractual liability — Loss of an opportunity
Language of the case: English
Case T-79/13 Accorinti and Others v ECB
Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of Greek public debt — Bond buy-back scheme — Bond exchange agreement for the sole benefit of the Eurosystem central banks — Involvement of the private sector — Collective action clauses — Credit enhancement in the form of a purchasing programme designed to support the quality of the bonds as collateral — Private creditors — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment — Liability in respect of a lawful legislative act — Unusual and special damage
Language of the case: Italian
Joined Cases T-292/14 and T-293/14 Cyprus v OHIM (XAΛΛOYMI and HALLOUMI)
Community trade mark — Applications for Community word marks XAΛΛOYMI and HALLOUMI — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Language of the case: English
Case T-358/13 Italy v Commission
EAFRD — Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAFRD — Decision declaring a certain amount to be non-reusable in connection with the Basilicata Region Rural Development Plan — Article 30 of Regulation (EC) No 1290/2005 — Obligation to state reasons
Language of the case: Italian
Case T-547/13 Rosian Express v OHIM (Shape of a games box)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a games box — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009
Language of the case: Romanian
Case T-403/12 Intrasoft International v Commission
Public service contracts — Tendering procedure — Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system — Conflict of interests — Rejection of a tenderer’s bid by the Delegation of the European Union to the Republic of Serbia — Implicit rejection of the complaint against the rejection of the bid
Language of the case: English
Case T-104/14 P Commission v Verile and Gjergji
Appeal — Cross-appeal — Civil service — Officials — Pensions — Transfer of national pension rights — Proposals concerning additional pensionable years — Act not having an adverse effect — Inadmissibility of the action at first instance — Article 11(2) of Annex VIII to the Staff Regulations — Legal certainty — Legitimate expectations — Equal treatment
Language of the case: French
Case T-664/13 Petco Animal Supplies Stores v OHIM – Gutiérrez Ariza (PETCO)
Community trade mark — Opposition proceedings — Application for the Community word mark PETCO — Earlier Community figurative mark PETCO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Plea which does not support the form of order sought — Prohibition on ruling ultra petita — Inadmissibility
Language of the case: English
Case T-552/13 Oil Turbo Compressor v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Time-limit for bringing proceedings — Out of time — Inadmissibility — Claim for damages — Inadmissibility
Language of the case: German
Case T-290/14 Portnov v Council
Common Foreign and Security Policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: French
Case T-721/14 Belgium v Commission
Action for annulment — Online gambling services — Protection of consumers and players and prevention of minors from gambling online — Commission recommendation — Act not open to challenge — Inadmissibility
Language of the case: Dutch
Case T-253/12 Hammar Nordic Plugg v Commission
State aid — Sale and leasing of plots of land and a production site — Decision declaring the aid incompatible with the internal market and ordering recovery thereof — Lack of a tendering procedure — Determination of the market price — Private investor test — Effect on trade between Member States
Language of the case: Swedish
Case T-96/13 Rot Front v OHIM – Rakhat (Маска)
Community trade mark — Opposition proceedings — Application for Community figurative mark Маcка — Unregistered earlier national figurative mark Маcка — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Application by OHIM of national law
Language of the case: English
Case T-126/13 Direct Way and DW Worldwide v Parliament
Public service contracts — Tendering procedure — Transport for Members of the European Parliament — Decision declaring unsuccessful and closing the tendering procedure and initiating a negotiated procedure — Award of the contract to another tenderer — Equal treatment — Substantial change in the original terms of the contract
Language of the case: French
Case T-199/14 Vanbreda Risk & Benefits v Commission
Public contracts for services — Tender procedure — Supply of insurance services for property and persons — Rejection of a tender — Award of the contract to another tenderer — Equal treatment — Sufficiently serious infringement of a rule of law conferring rights on individuals — Non-contractual liability — Loss of an opportunity — Interim judgment
Language of the case: French
Information (on unpublished decisions)
Case T-625/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling collection de lingerie)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling collection de lingerie — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-626/13 The Tea Board v OHIM – Delta Lingerie (DARJEELING collection de lingerie)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling collection de lingerie — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-627/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-38/14 Kafetzakis and Others v Parliament and Others
Application for failure to act and for damages — Restructuring of Greek public debt — Involvement of the private sector — Harm resulting from the reduction of bonds provided as a redundancy payment — Statements of heads of State or governments of the Euro zone and of EU institutions — Statement of the Eurogroup — Causal link with the alleged harm not substantiated — Inadmissibility
Case T-350/14 Arvanitis and Déligéorgi v Parliament and Others
Application for failure to act and for damages — Winding up of Olympiaki Aeroporia (OA) — Harm allegedly suffered by the temporary staff of OA due to the failure of the defendants to ensure the application of EU law upon redundancy — Causal link between the alleged harm and the defendants’ conduct not substantiated — Inadmissibility
Case T-413/14 Grigoriadis and Others v Parliament and Others
Action for failure to act and for damages — Restructuring of the Greek public debt — Involvement of the private sector — Loss consisting in the reduction of sums owed — Statements by the Heads of State or Government of the euro area and the EU institutions — Eurogroup statement — Failure to specify the causal link with the loss pleaded — Inadmissibility
Case T-275/12 FC Dynamo-Minsk v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Action for annulment — Period allowed for modifying the form of order sought — Partial inadmissibility — Entity owned or controlled by a person or entity subject to the restrictive measures — Obligation to state reasons — Error of assessment
Case T-276/12 Chyzh and Others v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Action for annulment — Period allowed for modifying the form of order sought — Partial inadmissibility — Entity owned or controlled by a person or entity subject to the restrictive measures — Obligation to state reasons — Error of assessment
Case T-61/14 Monster Energy v OHIM – Balaguer (icexpresso + energy coffee)
Community trade mark — Opposition proceedings — Application for the figurative Community trade mark icexpresso + energy coffee — Earlier Community word marks X-PRESSO MONSTER, HAMMER M X-PRESSO MONSTER ESPRESSO + ENERGY and MIDNIGHT M X-PRESSO MONSTER ESPRESSO + ENERGY — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-534/13 Panrico v OHIM – HDN Development (Krispy Kreme DOUGHNUTS)
Community trade mark — Invalidity proceedings — Community figurative mark Krispy Kreme DOUGHNUTS — Earlier national and international word and figurative marks DONUT, DOGHNUTS, donuts and donuts cream — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Likelihood of profit derived unduly from the distinctive character or reputation — Risk of detriment — Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009)
Case T-656/13 The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a smiley with heart-shaped eyes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-689/13 Bilbaína de Alquitranes and Others v Commission
Environment and protection of human health — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Regulation (EC) No 1907/2006 and Regulation (EC) No 1272/2008 — Manifest error of assessment — Classification of a substance on the basis of its constituents
Case T-49/14 Zentralverband des Deutschen Bäckerhandwerks v Commission
Protected geographical indication — ‘Kołocz śląskiʼ or ʽKołacz śląski’ — Cancellation proceedings — Legal base — Regulation (EC) No 510/2006 — Regulation (EU) No 1151/2012 — Grounds for cancellation — Fundamental rights
Case T-186/14 Atlantic Multipower Germany v OHIM – Nutrichem Diät + Pharma (NOxtreme)
Community trade mark — Invalidity proceedings — Community word mark NOxtreme — Earlier Community and national figurative marks X-TREME — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation No 207/2009 — Article 15(2) of Regulation No 207/2009
Case T-187/14 Sonova Holding v OHIM (FLEX)
Community trade mark — Community word mark FLEX — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009
Case T-227/14 CBM v OHIM – Aeronautica Militare (Trecolore)
Community trade mark — Opposition proceedings — Application for Community word mark Trecolore — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-228/14 CBM v OHIM – Aeronautica Militare (TRECOLORE)
Community trade mark — Opposition proceedings — Application for Community figurative mark TRECOLORE — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-242/14 The Smiley Company v OHIM (Shape of a face with horns)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face with horns — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-243/14 The Smiley Company v OHIM (Shape of a face)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-244/14 The Smiley Company v OHIM (Shape of a face in the form of a star)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face in the form of a star — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-365/14 CBM v OHIM – Aeronautica Militare (TRECOLORE)
Community trade mark — Opposition proceedings — Application for Community figurative mark TRECOLORE — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-642/14 JP Divver Holding Company v OHIM (EQUIPMENT FOR LIFE)
Community trade mark — International registration designating the European Community — Word mark EQUIPMENT FOR LIFE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-658/14 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Documents exchange with the International Criminal Tribunal for the former-Yugoslavia in the course of legal proceedings — Decision taken following the partial annulment by the Tribunal of the initial decision — Partial refusal of access — Exception relating to the protection of international relations
Cases T-659/13 and T-660/13 Czech Republic v Commission
Transport — Directive 2010/40/EU — Intelligent Transport Systems — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013
Case T-78/14 Benediktinerabtei St. Bonifaz v OHIM – Andechser Molkerei Scheitz (Genuß für Leib & Seele KLOSTER Andechs SEIT 1455)
Community trade mark — Opposition proceedings — Application for Community figurative mark Genuß für Leib & Seele KLOSTER Andechs SEIT 1455 — Earlier Community figurative mark SEIT 1908 ANDECHSER NATUR and earlier national figurative mark ANDECHSER NATUR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-90/14 Secolux v Commission
Public service contracts — Tendering procedure — Safety checks — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Non-contractual liability
Case T-336/14 Société des produits Nestlé v OHIM (NOURISHING PERSONAL HEALTH)
Community trade mark — International registration designating the European Community — Word mark NOURISHING PERSONAL HEALTH — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Obligation on OHIM to examine the facts of its own motion — Article 76(1) of Regulation No 207/2009
Case T-731/14 Agrotikos Synetairismos Profitis Ilias v Council
Action for annulment — Common Foreign and Security Policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Lack of direct concern — Inadmissibility
Case T-642/13 Wolverine International v OHIM – BH Stores (cushe)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Figurative mark cushe — Earlier national word mark SHE and figurative mark she — Relative ground for refusal — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-251/14 Promarc Technics v OHIM – PIS (Part of door)
Community design — Invalidity proceedings — Registered Community design representing part of a door — Earlier international design consisting of an American patent — Ground of invalidity — No individual character — No different overall impression — Evidence that the earlier design was made available to the public — Circles specialised in the sector concerned — Informed user — Degree of freedom of the designer — Article 6, Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-482/15 R Ahrend Furniture v Commission
Interim measures — Public procurement — Call for tenders — Provision of furniture — Rejection of a tenderer’s bid and award of the contract to another tenderer — Application for interim measures — Prima facie case not made out
Case T-309/13 Enosi Mastichoparagogon v OHIM – Gaba International (ELMA)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ELMA — Earlier Community word mark ELMEX — Refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-431/14 Volkswagen v OHIM (CHOICE)
Community trade mark — Application for Community word mark CHOICE — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-470/14 Hewlett Packard Development Company v OHIM (ELITEPAD)
Community trade mark — Application for Community word mark ELITEPAD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-563/14 Hewlett Packard Development Company v OHIM (ELITEDISPLAY)
Community trade mark — Application for Community word mark ELITEDISPLAY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-597/13 Calida v OHIM – Quanzhou Green Garments (dadida)
Community trade mark — International registration designating the European Community — Figurative mark dadida — Earlier Community word mark CALIDA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-636/13 TrekStor v OHIM – MSI Technology (MovieStation)
Community trade mark — Invalidity proceedings — Community word mark MovieStation — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52 of Regulation No 207/2009
Case T-649/13 TrekStor v OHIM (SmartTV Station)
Community trade mark — Application for Community word mark SmartTV Station — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 7(3) of Regulation No 207/2009
Case T-96/14 Vimeo v OHIM – PT Comunicações (VIMEO)
Community trade mark — Opposition proceedings — Application for Community word mark VIMEO — Earlier Community figurative mark meo — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — No coexistence of the marks — Likelihood of confusion
Case T-137/14 I Castellani v OHIM – Chomarat (Representation of a circle)
Community trade mark — Revocation procedure — Figurative mark representing a circle — Genuine use of a mark — Extent of use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape which differs by elements which do not alter the distinctive character of the mark — Rights of the defence — Article 75 of Regulation No 207/2009
Case T-264/14 Hansen v OHIM (WIN365)
Community trade mark — Application for Community word mark WIN365 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-714/14 Bonney v OHIM – Bruno (ATHEIST)
Community trade mark — Opposition proceedings — Application for the Community word mark ATHEIST — Earlier national word mark athé — Relative ground for refusal — Article 8(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-822/14 Geilenkothen Fabrik für Schutzkleidung v OHIM (Cottonfeel)
Community trade mark — Application for Community word mark Cottonfeel — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-134/11 Al-Faqih and Others v Commission
Common foreign and security policy — Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds — Fundamental rights — Right to effective judicial protection
Case T-576/13 Verus v OHIM – Joie International (MIRUS)
Community trade mark — Opposition proceedings — Application for Community word mark MIRUS — Earlier national word mark MIRUS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-736/14 Monster Energy v OHIM – Home Focus (MoMo Monsters)
Community trade mark — Opposition proceedings — Application for the Community word mark MoMo Monsters — Earlier Community word marks MONSTER and MONSTER ENERGY and earlier international figurative mark MONSTER ENERGY — Relative ground for refusal — No similarity between the goods — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-110/13 Lithuania v Commission
Community assistance programme for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe (SAPARD) — Financing by the European Union of certain expenditure incurred by Lithuania — Commission decision requiring Lithuania to reimburse part of the amount paid — Article 9(1) of Regulation (EC) No 1268/1999 — Reference to the principles established by Regulation (EC) No 1258/1999 — Scope of the multiannual financing agreement concerning the SAPARD programme — Sincere cooperation
Case T-517/13 Éditions Quo Vadis v OHIM – Gómez Hernández ("QUO VADIS")
Community trade mark — Opposition proceedings — Application for the Community word mark ‘QUO VADIS’ — Earlier national word mark QUO VADIS — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-21/14 NetMed v OHIM – Sander chemisch-pharmazeutische Fabrik (SANDTER 1953)
Community trade mark — Opposition proceedings — Application for Community word mark SANDTER 1953 — Earlier national word mark Sander — Relative ground for refusal — Partial refusal of registration — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-256/14 Giuntoli v OHIM – Société des produits Nestlé (CREMERIA TOSCANA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CREMERIA TOSCANA — Earlier international figurative mark la Cremeria — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-334/14 Roca Sanitario v OHIM – Villeroy & Boch (Single control handle faucet)
Community design — Invalidity proceedings — Registered Community design representing a single control handle faucet — Earlier Community design — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — No scope for innovation — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
November 2015
Case T-544/13 Dyson v Commission
Directive 2010/30/EU — Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products — Delegated Regulation (EU) No 665/2013 — Competence of the Commission — Equal treatment — Obligation to state reasons
Language of the case: English
Case T-499/12 HSH Investment Holdings Coinvest-C and HSH Investment Holdings FSO v Commission
State aid — Banking sector — Restructuring of HSH Nordbank — Decision declaring the aid compatible with the internal market on certain conditions — Action for annulment — Lack of individual concern — Minority shareholder of the aid beneficiary — Concept of a separate interest — Partial inadmissibility — Capital dilution
Language of the case: German
Joined Cases T-424/14 and T-425/14 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board — Refusal to grant access — Exception relating to the protection of the decision-making process — Duty to state reasons — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: English
Case T-73/12 Einhell Germany and Others v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Language of the case: English
Case T-74/12 Mecafer v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Language of the case: English
Case T-106/13 Synergy Hellas v Commission
Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities — Early termination of contracts — Legitimate expectations — Proportionality — Good faith — Non-contractual liability — Reclassification of the action — Coexisting applications to establish contractual and non-contractual liability — Early warning system (EWS) — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link
Language of the case: Greek
Case T-361/13 Menelaus v OHIM – Garcia Mahiques (VIGOR)
Community trade mark — Invalidity proceedings — Community word mark VIGOR — Earlier Community figurative mark and earlier international figurative mark VIGAR — Admissibility of evidence of use submitted on a CD-ROM — Taking into account of additional evidence which was not submitted within the time-limit set — Genuine use of the earlier marks — Articles 15 and 57(2) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character
Language of the case: English
Case T-508/13 Government of Malaysia v OHIM – Vergamini (HALAL MALAYSIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark HALAL MALAYSIA — Earlier non-registered figurative mark HALAL MALAYSIA — Relative ground for refusal — No rights to the earlier sign acquired pursuant to the law of the Member State before the date of the filing of the Community trade mark application — Article 8(4) of Regulation (EC) No 207/2009 — Use of the earlier mark as a certification mark — Action for passing off — Absence of goodwill
Language of the case: English
Case T-659/14 Instituto dos Vinhos do Douro e do Porto v OHIM – Bruichladdich Distillery (PORT CHARLOTTE)
Community trade mark — Invalidity proceedings — Community word mark PORT CHARLOTTE — Earlier designations of origin ‘porto’ and ‘port’ — Grounds for invalidity — Article 52(1)(a), Article 53(1)(c) and (2)(d) of Regulation (EC) No 207/2009 — Article 7(1)(c) and (g) and (2) of Regulation No 207/2009 — Article 8(4) of Regulation No 207/2009 — Article 118m(2) of Regulation (EC) No 491/2009
Language of the case: English
Case T-640/14 Beul v Parliament and Council
Action for annulment — Functioning of financial markets — Regulation (EU) No 537/2014 — Legislative act — Applicant not individually concerned — Inadmissibility
Language of the case: German
Case T-670/14 Milchindustrie-Verband and Deutscher Raiffeisenverband v Commission
Action for annulment — Guidelines on State aid for environmental protection and energy 2014-2020 — Association — No direct effect on members — Inadmissibility
Language of the case: German
Case T-278/10 RENV riha WeserGold Getränke v OHIM - Lidl Stiftung (WESTERN GOLD)
Community trade mark — Opposition proceedings — Application for Community word mark WESTERN GOLD — Earlier national, Community and international word marks WeserGold, Wesergold and WESERGOLD — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision on the appeal — Article 64(1) of Regulation No 207/2009 — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009
Language of the case: German
Case T-126/14 Netherlands v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Financial correction applied in respect of the non-reporting of interest — Obligation to state reasons — Obligation to account for interest — Article 32(5) of Regulation (EC) No 1290/2005 — Principle of equivalence — Obligation of due care
Language of the case: Dutch
Case T-461/13 Spain v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas in Spain — Decision declaring the aid compatible in part and incompatible in part with the internal market — Concept of an ‘undertaking’ — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — Duty of diligence — Reasonable time — Legal certainty — Equal treatment — Proportionality — Subsidiarity — Right to receive information
Language of the case: Spanish
Case T-462/13 Comunidad Autónoma del País Vasco and Itelazpi v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas in Spain — Decision declaring the aid compatible in part and incompatible in part with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid
Language of the case: Spanish
Information (on unpublished decisions)
Case T-187/15 Compagnia Trasporti Pubblici and Others v Commission
State aid — Undertaking operating a network of bus connections in the Region of Campania — Compensation for the public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato — Commission decision declaring the measure incompatible with the internal market — Action brought by undertakings in a situation analogous to that of the aid recipient
Case T-188/15 Compagnia Trasporti Pubblici and Others v Commission
State aid — Undertaking operating bus route networks in the Campania Region — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato — Commission declaring the measure incompatible with the internal market — Action brought by undertakings in a similar situation to that of the aid beneficiary
Case T-321/15 GSA and SGI v Parliament
Public service contracts — Tendering procedure — Supply of fire security, assistance to persons and external surveillance at the European Parliament’s site — Rejection of a tenderer’s bid — Obligation to produce prior authorisation issued pursuant to national legislation — Proportionality — Equal Treatment — Principle of openness — Freedom to provide services
Case T-550/13 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Reasonable period — Absence of key controls — Extrapolation of the findings of default
Case T-253/13 Orthogen v OHIM – Arthrex (IRAP)
Community trade mark — Invalidity proceedings — Community word mark IRAP — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-255/13 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Flat rate financial corrections — Direct payments — Conditionality — Aid for the processing of citrus fruit — Conditions for accreditation of a paying agency
Case T-449/13 CEDC International v OHIM – Fabryka Wódek Polmos Łańcut (WISENT)
Community trade mark — Invalidity proceedings — Community figurative mark WISENT — Earlier national three-dimensional mark ŹUBRÓWKA — Relative grounds for refusal — Similarity of the marks — Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-450/13 CEDC International v OHIM – Fabryka Wódek Polmos Łańcut (WISENT VODKA)
Community trade mark — Opposition proceedings — Application for Community figurative mark WISENT VODKA — Earlier national three-dimensional mark ŹUBRÓWKA — Relative grounds for refusal — Similarity of the marks — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-544/14 Société des produits Nestlé v OHIM – Terapia (ALETE)
Community trade mark — Opposition proceedings — Application for Community word mark ALETE — Earlier national word mark ALETA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95
Case T-75/12 Nu Air Polska v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Case T-76/12 Nu Air Compressors and Tools v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Case T-606/13 Mustang v OHIM – Dubek (Mustang)
Community trade mark — Opposition proceedings — Application for Community figurative mark Mustang — Earlier national word and figurative marks MUSTANG — No risk of detriment to the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009
Case T-558/14 Research Engineering & Manufacturing v OHIM – Nedschroef Holding (TRILOBULAR)
Community trade mark — Invalidity proceedings — Community word mark TRILOBULAR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-813/14 Liu v OHIM – DSN Marketing (Case for a portable computer)
Community design — Invalidity proceedings — Registered Community design representing a case for a portable computer — Identical earlier designs — Ground for invalidity — Lack of novelty within the meaning of Article 5(1) of Regulation (EC) No 6/2002 — Disclosure of earlier designs prior to the priority date — Article 7(1) and (2) of Regulation No 6/2002
Case T-107/14 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Single payment entitlements scheme — National reserve — Allocation criteria — Risk to the Fund — Conditionality
Case T-526/14 Matratzen Concord v OHIM – Barranco Rodriguez and Barranco Schnitzler (Matratzen Concord)
Community trade mark — Opposition proceedings — Application for registration of the Community word mark Matratzen Concord — Earlier national word marks MATRATZEN — Relative ground of refusal — Proof of use — Likelihood of confusion — Article 8(1)(b) and Article 42(2) of Regulation (EC) No 207/2009
Case T-539/14 North Drilling v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Temporal adjustment of the effects of an annulment
Case T-202/15 Zitro IP v OHIM (WORLD OF BINGO)
Community trade mark — Application for the Community figurative mark WORLD OF BINGO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-203/15 Zitro IP v OHIM (WORLD OF BINGO)
Community trade mark — Application for the Community word mark WORLD OF BINGO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-694/14 EREF v Commission
Action for annulment — Guidelines on State aid for environmental protection and energy 2014-2020 — Association — Members not directly concerned — Inadmissibility
Case T-766/14 Actega Terra v OHIM – Heidelberger Druckmaschinen (FoodSafe)
Community trade mark — Invalidity proceedings — Community word mark FoodSafe — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-118/15 Slovenia v Commission
Action for annulment — EAGGF — Guarantee Section — EAGF and EAFRD — Time-limit for bringing an action — Starting point — Out of time — Inadmissibility
Case T-163/15 Delta Group agroalimentare v Commission
Action for annulment — Italian market in poultrymeat — Exceptional support measures to resolve specific problems concerning the poultrymeat sector in Italy — Export refunds for poultrymeat destined for certain African countries — Rejection of the applicant’s request for exceptional measures — Act not open to challenge — Inadmissibility
Case T-190/15 Intervog v OHIM (meet me)
Community trade mark — Application for Community figurative mark meet me — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-223/14 Ewald Dörken v OHIM – Schürmann (VENT ROLL)
Community trade mark — Invalidity proceedings — Community word mark VENT ROLL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-248/14 Masafi v OHIM – Hd1 (JUICE masafi)
Community trade mark — Opposition proceedings — Application for Community figurative mark JUICE masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-249/14 Masafi v OHIM – Hd1 (masafi)
Community trade mark — Opposition proceedings — Application for Community figurative mark masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-320/14 Sephora v OHIM – Mayfield Trading (Representation of two undulating vertical lines)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing two undulating vertical lines — National and international figurative marks representing an undulating vertical line — Absolute ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-520/14 bd breyton-design v OHIM (RACE GTP)
Community trade mark — Application for Community word mark RACE GTP — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-629/14 Jaguar Land Rover v OHIM (Shape of a car)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a car — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-763/14 Soprema v OHIM – Sopro Bauchemie (SOPRAPUR)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark SOPRAPUR — Prior Community word mark Sopro — Relative ground for refusal — Similarity of the goods and the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-159/13 and T-372/14 HK Intertrade v Council
Common foreign and security policy — Restrictive measures against Iran with a view to preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Admissibility — Right to be heard — Obligation to notify — Obligation to state reasons — Rights of defence — Manifest error of assessment
Case T-425/13 Giant (China) v Council
Dumping — Imports of bicycles originating in China — Interim review — Article 9(5) and Article 18 of Regulation (EC) No 1225/2009 — Individual treatment — Non-cooperation — Necessary information — Facts available — Related companies — Circumvention
Joined Cases T-463/13 and T-464/13 Comunidad Autónoma de Galicia and Retegal v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Concept of undertaking — Economic activity — Advantage — Service of general economic interest — Selective nature — Article 107(3)(c) TFEU — Obligation to state reasons
Case T-465/13 Comunidad Autónoma de Cataluña and CTTI v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid
Case T-487/13 Navarra de Servicios y Tecnologías v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — State resources — Economic activity — Advantage — Effect on trade between Member States and distortion of competition — Service of general economic interest — Article 107(3)(c) TFEU — Misuse of power
Case T-541/13 Abertis Telecom and Retevisión I v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid — Obligation to state reasons
Case T-50/14 Demp v OHIM (TURBO DRILL)
Community trade mark — Application for Community word mark TURBO DRILL — Ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-181/14 Nürburgring v OHIM – Biedermann (Nordschleife)
Community trade mark — Opposition proceedings — Application for Community word mark Nordschleife — Earlier Community word mark Management by Nordschleife — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-262/14 Bionecs v OHIM – Fidia farmaceutici (BIONECS)
Community trade mark — Opposition proceedings — Application for Community word mark BIONECS — Earlier international word mark BIONECT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-371/14 NICO v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T-390/14 Établissement Amra v OHIM (KJ KANGOO JUMPS XR)
Community trade mark — Application for Community trade mark KJ Kangoo Jumps XR — Absolute ground for refusal — Devoid of any distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-404/14 Junited Autoglas Deutschland v OHIM – United Vehicles (UNITED VEHICLEs)
Community trade mark — Opposition proceedings — Application for Community word mark UNITED VEHICLEs — Earlier Community word mark Junited — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-561/14 One of Us and Others v Parliament and Others
Law governing the institutions — European Citizens’ Initiative — Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 — Period allowed for commencing proceedings — Partial inadmissibility
Case T-636/14 Italy v Commission
Language regime — Vacancy notice for a post of director of the Translation Centre for the Bodies of the European Union — Language requirements in the module for the online submission of applications — Alleged divergence with the vacancy notice published in the Official Journal — Action manifestly lacking any foundation in law
Case T-809/14 Italy v Commission
Action for annulment — Language regime — Vacancy notice for the post of Director of the Translation Centre for bodies of the European Union — Linguistic requirements in the on-line presentation module for candidates — Alleged discrepancy with the vacancy notice published in the Official Journal — Letter sent by the Commission following the closure of the application procedure — Inadmissible
Case T-718/14 Hong Kong Group v OHIM – WE Brand (W E)
Community trade mark — Opposition proceedings — Application for a Community figurative mark W E — Earlier Community word mark WE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-845/14 August Brötje v OHIM (HydroComfort)
Community trade mark — Application for the Community word mark HydroComfort — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
December 2015
Case T-343/13 CN v Parliament
Non-contractual liability — Petition addressed to the Parliament — Dissemination of certain personal data on the Parliament’s website — Absence of a sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: Italian
Case T-233/11 Greece and Ellinikos Chrysos v Commission
State aid — Mining sector — Aid granted by the Greek authorities to the mining company Ellinikos Chrysos — Contract for the transfer of a mining operation at a price below the real market value and exemption from taxes on that transaction — Decision declaring the aid measures unlawful and ordering recovery of the aid — Concept of advantage — Private investor test
Language of the case: Greek
Case T-512/12 Front Polisario v Council
External relations — Agreement in the form of an Exchange of Letters between the European Union and Morocco — Reciprocal liberalisation of agricultural products, processed agricultural products, fish and fishery products — Application of the agreement to Western Sahara — Polisario Front — Action for annulment — Capacity to bring legal proceedings — Direct and individual concern — Admissibility — Conformity with international law — Obligation to state reasons — Rights of defence
Language of the case: French
Case T-124/14 Finland v Commission
EAFRD — Expenditure excluded from the financing — Rural development — One-off financial correction — Eligibility of expenditure incurred for the purchase of second-hand machinery and equipment — Derogation for micro, small and medium-sized enterprises — Article 55(1) of Regulation (EC) No 1974/2006
Language of the case: Finnish
Case T-83/14 LTJ Diffusion v OHIM – Arthur et Aston (ARTHUR & ASTON)
Community trade mark — Opposition proceedings — Application for the word mark ARTHUR & ASTON — Earlier national figurative mark Arthur — No genuine use of the mark — Article 15(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which alter the distinctive character of the mark
Language of the case: French
Case T-522/15 R CCPL and Others v Commission
Application for interim measures — Competition — Cartels — Retail food packaging — Decision imposing fines — Bank guarantee — Application for suspension of operation — Prima facie case — Urgency — Balance of interests
Language of the case: Italian
Case T-67/11 Martinair Holland v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Language of the case: English
Case T-241/13 Greece v Commission
EAGGF — Guarantee Section — EAGGF and EAFRD — Expenditure excluded from financing — Beef and veal — Sheepmeat and goatmeat — Tobacco — Article 69 of Regulation (EC) No 1782/2003 — Article 31(2) of Regulation (EC) No 1290/2005 — Article 23(1) of Regulation (EC) No 796/2004
Language of the case: Greek
Case T-138/14 Chart v EEAS
Non-contractual liability — Local agent employed by the European Union delegation in Egypt — Termination of contract — Failure of the delegation to provide to the Egyptian social security institution the termination of service certificate in respect of the agent and subsequently to remedy the irregularity in her situation in that regard — Limitation period — Continuous damage — Partial inadmissibility — Principle of sound administration — Reasonable time — Article 41 of the Charter of Fundamental Rights — Sufficiently serious breach of a legal rule conferring rights on individuals — Certain loss — Causal link
Language of the case: French
Case T-486/11 Orange Polska v Commission
Competition — Abuse of dominant position — Polish telecommunications market — Decision establishing an infringement of Article 102 TFEU — Conditions imposed by the incumbent operator for allowing paid access for new operators to the network and to wholesale broadband access services — Legitimate interest in finding that an infringement was committed — Fines — Obligation to state reasons — Gravity of the infringement — Mitigating circumstances — Proportionality — Unlimited jurisdiction — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T-242/12 SNCF v Commission
State aid — Aid measures implemented by France in favour of Sernam SCS — Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam — Decision declaring the aid measures incompatible with the internal market — Misuse of aid — Recovery — Economic continuity — Private investor criterion
Language of the case: French
Cases T-515/13 and T-719/13 Spain and Others v Commission
State aid — Shipbuilding — Tax provisions applicable to certain agreements put in place for the financing and acquisition of vessels — Decision declaring the aid incompatible in part with the internal market and ordering its partial recovery — Actions for annulment — Individual concern — Admissibility — Advantage — Selectivity — Effect on trade between Member States — Adverse effect on competition — Obligation to state reasons
Language of the case: Spanish
Information (on unpublished decisions)
Case T-814/14 Banco Espírito Santo v Commission
Action for annulment — State aid — Aid to the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA — Creation of a bridge bank — Decision not to raise objections — Commitments made by the Portuguese authorities — Monitoring of compliance with their commitments by a trustee — Payment of the trustee by the bad bank — Application for partial annulment — Inadmissible
Case T-414/13 Tsujimoto v OHIM – Kenzo (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-522/13 Tsujimoto v OHIM – Kenzo (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Belated submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 — Partial refusal of registration
Case T-528/13 Kenzo v OHIM – Tsujimoto (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Partial rejection of the opposition
Case T-553/13 European Dynamics Luxembourg and Evropaïki Dynamiki v Joint undertaking Fusion for Energy
Public service contracts — Tendering procedure — Supply of IT services, consulting, software development, Internet and support — Rejection of the tender of one tenderer and award of the contracts to other tenderers — Non-contractual liability
Case T-528/14 Information Resources v OHIM (Growth Delivered)
Community trade mark — Application for Community word mark Growth Delivered — Mark consisting of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-529/14 adp Gauselmann v OHIM (Multi Win)
Community trade mark — Application for Community word mark Multi Win — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-367/13 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural Development — Expenditure incurred by Poland — Article 33b of Regulation (EC) No 1257/1999 — Article 7 of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Mixed financial correction — Obligation to state reasons
Case T-105/14 TrekStor v OHIM – Scanlab (iDrive)
Community trade mark — Opposition proceedings — Application for Community word mark iDrive — Prior German word mark IDRIVE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-327/14 Compagnie des fromages & Richesmonts v OHIM – Grupo Lactalis Iberia (Representation of a red and white Vichy motif)
Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-628/14 Hewlett Packard Development Company v OHIM (FORTIFY)
Community trade mark — Application for Community word mark FORTIFY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-647/14 Infusion Brands v OHIM (DUALSAW)
Community trade mark — Application for the Community figurative mark DUALSAW — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-648/14 Infusion Brands v OHIM (DUALTOOLS)
Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-695/14 Omega International v OHIM (Representation of a white circle and a white rectangle inside a black rectangle)
Community trade mark — Application for a Community figurative mark representing a white circle and a white rectangle inside a black rectangle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-273/13 Sarafraz v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal basis — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property
Case T-274/13 Emadi v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal basis — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property
Case T-3/15 K-Swiss v OHIM (Representation of parallel stripes on a shoe)
Community trade mark — International registration designating the European Community — Figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-671/15 R E-Control v ACER
Application for interim measures — Opinion on the compliance of national regulatory authorities’ decisions approving the methods of cross-border electricity transmission capacity — Application for suspension of operation of a measure — Infringement of procedural requirements — Inadmissibility
Case T-584/15 R POA v Commission
Application for interim measures — Publication of an application for registration of a protected designation of origin — ‘Halloumi’ or ‘Hellim’ — Application for suspension of operation of a measure — No urgency
Case T-525/14 Compagnie générale des établissements Michelin v OHIM – Continental Reifen Deutschland (XKING)
Community trade mark — Opposition proceedings — Application for Community figurative mark XKING — Earlier national figurative mark X — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-583/14 Giand v OHIM – Flamagas (FLAMINAIRE)
Community mark — Opposition proceedings — Application for Community word mark FLAMINAIRE — Earlier national and international word marks FLAMINAIRE — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Ne bis in idem
Case T-673/14 Italy v Commission
Action for annulment — State aid — Transport — Establishment of Airport Handling SpA — Decision to open the formal examination procedure provided for in Article 108(2) TFEU — Measure not open to challenge — Aid measures completely implemented by the date on which the action was brought — Inadmissibility
Case T-354/14 Comercializadora Eloro v OHIM – Zumex Group (zumex)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZUMEX — Earlier national figurative mark JUMEX — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-563/13 Belgium v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by Belgium — Fruit and vegetables — Obligation to state reasons — Conditions for recognition of a producer organisation — Outsourcing of core activities by a producer organisation — Amount to be excluded — Proportionality
Case T-615/14 Fútbol Club Barcelona v OHIM (Representation of the outline of a crest)
Community trade mark — Application for a figurative Community trade mark representing the outline of a crest — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T-690/14 Sony Computer Entertainment Europe v OHIM – Marpefa (Vieta)
Community trade mark — Revocation proceedings — Community figurative mark Vieta — Genuine use of the mark — Nature of use — Article 15(1) and Article 51(2) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character of the mark — Proof of use for the registered goods
Case T-474/15 R GGP Italy v Commission
Interim measures — Directive 2006/42/EC — Protection of the health and safety of consumers and workers against risks arising from the use of machinery — Measure taken by the Latvian authorities prohibiting a type of lawnmower — Commission Decision declaring the measure justified — Application to suspend operation — Lack of urgency
Case T-751/14 Hikari Miso v OHIM – Nishimoto Trading (Hikari)
Community trade mark — Opposition proceedings — Application for Community word mark Hikari — Earlier national word mark HIKARI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-63/15 Shoe Branding Europe v OHIM (Parallel stripes on the long sleeves of a shirt)
Community trade mark — Application for a Community trade mark consisting of two parallel stripes on the long sleeves of a shirt — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-64/15 Shoe Branding Europe v OHIM (Parallel stripes on pants)
Community trade mark — Application for a Community trade mark consisting of two parallel stripes on pants — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-9/11 Air Canada v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-28/11 Koninklijke Luchtvaart Maatschappij v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-36/11 Japan Airlines v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-38/11 Cathay Pacific Airways v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-39/11 Cargolux Airlines v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-40/11 Latam Airlines Group and Lan Cargo v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-43/11 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-46/11 Deutsche Lufthansa and Others v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-48/11 British Airways v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-56/11 SAS Cargo Group and Others v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-62/11 Air France-KLM v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-63/11 Air France v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-108/13 VTZ and Others v Council
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in Russia — Definitive anti-dumping duty — Product concerned
Joined Cases T-381/13 and T-382/13 Perfetti Van Melle v OHIM (DAISY and MARGARITAS)
Community trade mark — Application for Community word marks DAISY and MARGARITAS — Absolute grounds for refusal — Partial refusal to register — No distinctive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-491/13 Perfetti Van Melle Benelux v OHIM – Intercontinental Great Brands (TRIDENT PURE)
Community trade mark — Opposition proceedings — Application for Community word mark TRIDENT PURE — Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-356/14 CareAbout v OHIM – Florido Rodríguez (Kerashot)
Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal
Case T-521/14 Sweden v Commission
Regulation (EU) No 528/2012 — Biocidal products — Action for failure to act — Specification of the scientific criteria for the determination of endocrine-disrupting properties — Failure by the Commission to adopt delegated acts — Duty to act
Case T-128/15 Rotkäppchen-Mumm Sektkellereien v OHIM – Ruiz Moncayo (RED RIDING HOOD)
Community trade mark — Opposition proceedings — Application for the Community word mark RED RIDING HOOD — Earlier national and international word marks ROTKÄPPCHEN — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-275/13 Italy v Commission
Languages — Notice of open competition for the recruitment of administrators — Choice of second language from three languages — Language of communication with the candidates to the competition — Regulation No 1 — Article 1d(1), Article 27, first paragraph, and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-295/13 Italy v Commission
Languages — Corrigendum to the notice of open competition for the recruitment of administrators — New competition procedures — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-510/13 Italy v Commission
Languages — Notice of open competition for the recruitment of translators — Choice of second language from three languages — Language of communication with the candidates to the competition — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-624/14 Bice International v OHIM – Bice (bice)
Community trade mark — Invalidity proceedings — Community word mark bice — Earlier national figurative mark 1926 BiCE RISTORANTE — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
Case T-79/15 Olympus Medical Systems v OHIM (3D)
Community trade mark — Application for the Community figurative mark 3D — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-543/15 R Lysoform Dr. Hans Rosemann and Others v ECHA
Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency
Case T-669/15 R Lysoform Dr. Hans Rosemann and Others v ECHA
Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency
Case T-850/14 CompuGroup Medical v OHIM – Schatteiner (SAM)
Action for annulment — Community trade mark — Time-limit for bringing an action — Notification of the decision of the Board of Appeal to the electronic account at OHIM of the applicant’s representative — Out of time — No force majeure or unforeseeable circumstances — Manifest inadmissibility
January 2016
Case T-397/13 Tilly-Sabco v Commission
Agriculture — Export refund — Poultrymeat — Implementing Regulation fixing the refund at EUR 0 — Action for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Article 3(3) of Regulation (EU) No 182/2011 — Obligation to state reasons — Article 164(3) of Regulation (EC) No 1234/2007 — Legitimate expectations
Language of the case: French
Case T-549/13 France v Commission
Agriculture — Export refund — Poultrymeat — Fixing of the refund at EUR 0 — Obligation to state reasons — Possibility for the Commission to confine itself to a standard statement of reasons — Commission’s usual practice in fixing refunds — Article 164(3) of Regulation (EC) No 1234/2007 — Non-exhaustive nature of the prescribed criteria
Language of the case: French
Case T-404/12 Toshiba v Commission
Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Rights of the defence — Obligation to state reasons — Equal treatment — Starting amount — Extent of contribution to the infringement
Language of the case: English
Case T-409/12 Mitsubishi Electric v Commission
Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Obligation to state reasons — Principle of sound administration — Rights of the defence — Equal treatment — Proportionality — Erroneous application — Starting amount — Extent of contribution to the infringement — Deterrence multiplier
Language of the case: English
Case T-570/13 Agriconsulting Europe v Commission
Public service contracts — Tendering procedure — Operational technical assistance to set up and manage a network facility for the implementation of the European Innovation Partnership ‘Agricultural Productivity and Sustainability’ — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Abnormally low tender — Non-contractual liability
Language of the case: Italian
Case T-331/14 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: German
Case T-335/14 Davó Lledó v OHIM – Administradora y Franquicias América and Inversiones Ged (DoggiS)
Community trade mark — Invalidity proceedings — Community figurative mark DoggiS — Earlier national figurative marks DoggiS — Earlier national word marks DOGGIS and DOGGIBOX — Earlier national figurative marks representing a character in the shape of a hot dog — Additional evidence adduced for the first time before the Board of Appeal — Article 76 of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009 — Evidence adduced for the first time before the General Court
Language of the case: Spanish
Case T-341/14 Klyuyev v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: English
Case T-667/14 Slovenia v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Verification of small parcels — Lack of evidence of serious and reasonable doubt — Extrapolation of on-site inspection results
Language of the case: Slovene
Information (on unpublished decisions)
Case T-434/13 Doux v Commission
Agriculture — Export refund — Poultry meat — Implementing Regulation fixing the refund at EUR 0 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Article 3(3) of Regulation (EU) No 182/2011 — Obligation to state reasons — Article 164(3) of Regulation (EC) No 1234/2007 — Legitimate expectations
Case T-535/14 The Cookware Company v OHIM – Fissler (VITA+VERDE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark VITA+VERDE — Earlier word mark VITAVIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-663/14 International Gaming Projects v OHIM (BIG BINGO)
Community trade mark — Application for Community figurative mark BIG BINGO — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-318/15 Zitro IP v OHIM (TRIPLE BONUS)
Community trade mark — Application for Community figurative mark TRIPLE BONUS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and (2) of Regulation (EC) No 207/2009
Case T-746/15 R Biofa v Commission
Interim measures — Plant protection product — Approval of the basic substance sodium hydrogen carbonate — Application for suspension of operation — Lack of urgency
Case T-443/13 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to respect for private life — Proportionality
Case T-62/14 BR IP Holder v OHIM – Greyleg Investments (HOKEY POKEY)
Community trade mark — Opposition proceedings — Application for Community word mark HOKEY POKEY — Unregistered earlier national word mark — Proof of use — Right to prohibit use of the mark sought — Article 8(4) of Regulation (EC) No 207/2009 — Right of a Member State — Obligation to state reasons — Raised by the Court of its own motion
Case T-802/14 Laboratorios Ern v OHIM – michelle menard (Lenah.C)
Community trade mark — Opposition proceedings — Application for Community word mark Lenah.C — Earlier national word mark LEMA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-846/14 Spokey v OHIM – Leder Jaeger (SPOKeY)
Community trade mark — Invalidity proceedings — Community figurative mark SPOKeY — Earlier Community word mark SPOOKY — Partial declaration of invalidity — Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Examination of evidence — Article 76(1) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-75/15 Rod Leichtmetallräder v OHIM – Rodi TR (ROD)
Community trade mark — Invalidity proceedings — Community figurative mark ROD — Earlier national figurative marks RODI –– Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Earlier opposition proceedings — Rule 39(3) of Regulation (EC) No 2868/95
Case T-120/15 Proforec v Commission
Action for annulment — Registration of a protected geographical indication — Focaccia di Recco col formaggio — No legal interest in bringing proceedings — Inadmissibility
Case T-202/14 LR Health & Beauty Systems v OHIM – Robert McBride (LR nova pure.)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LR nova pure. — Earlier international word mark NOVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-277/15 Permapore v OHIM – José Joaquim Oliveira II - Jardins & Afins (Terraway)
Community trade mark — Opposition proceedings — Application for Community figurative mark Terraway — Earlier national and international word marks TERRAWAY — Partial rejection of the opposition — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring the appeal deemed not to have been filed — Action manifestly lacking any basis in law
Case T-427/12 Austria v Commission
State Aid — Banking sector — Aid implemented by Germany and Austria for the benefit of Bayerische Landesbank in the course of its restructuring — Decision declaring the aid compatible with the internal market, provided that certain conditions met — Repeal of the initial decision drawn up in a language other than that of the Member State — Action for annulment — Challengeable act — Admissibility — Definition of State aid — Advantage — Rights of defence — Obligation to state reasons
Case T-507/12 Slovenia v Commission
State aid — Manufacture of leisure equipment — Restructuring aid — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Obligation to state reasons — Whether imputable to the State — Private investor test
Case T-537/12 Zafeiropoulos v Cedefop
Public service contracts — Tendering procedure — Provision of medical services for the benefit of Cedefop staff — Rejection of the bid of one tenderer and award of the contract to another tenderer — Refusal to allow access to certain documents concerning other tenderers who participated in the tendering procedure — Obligation to state reasons — Protection of commercial interests and reputation — Personal data protection — Protection of the decision-making process — Non-contractual liability
Case T-640/13 Sto v OHIM – Fixit Trockenmörtel Holding (CRETEO)
Community trade mark — Opposition proceedings — Application for Community word mark CRETEO — Earlier national word marks StoCretec and STOCRETE — Relative ground for refusal — Distinctive character acquired through use — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-674/13 Gugler France v OHIM – Gugler (GUGLER)
Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion
Case T-194/14 Bristol Global v OHIM – Bridgestone (AEROSTONE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AEROSTONE — Earlier Community word marks STONE and BRIDGESTONE — Earlier non-registered national figurative mark BRIDGESTONE — Relative ground for refusal — Partial refusal of registration
Case T-332/14 Azarov v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-434/14 Arbuzov v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-486/14 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-687/14 Novomatic v OHIM – Simba Toys (African SIMBA)
Community trade mark — Opposition proceedings — Application for Community figurative mark African SIMBA — Prior national figurative mark Simba — Duty to state reasons — Article 75 of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-781/14 TVR Automotive v OHIM – Cardoni (TVR ENGINEERING)
Community trade mark — Opposition proceedings — Application for the Community figurative mark TVR ENGINEERING — Earlier Community figurative mark TVR — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
February 2016
Case T-141/14 SolarWorld and Others v Council
Actions for annulment — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duties — Exemption of imports covered by an accepted undertaking — Non-severability — Inadmissibility
Language of the case: English
Case T-171/13 Benelli Q. J. v OHIM – Demharter (MOTOBI B PESARO)
Community trade mark — Revocation proceedings — Community figurative mark MOTOBI B PESARO — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Evidence submitted against the application for revocation after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rule 50(1), third subparagraph, of Regulation (EC) No 2868/95
Language of the case: English
Case T-287/11 Heitkamp BauHolding v Commission
State aid — German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) — Decision declaring the aid incompatible with the internal market — Action for annulment — Individual concern — Admissibility — Concept of State aid — Selectivity — Nature and general scheme of the tax system
Language of the case: German
Case T-620/11 GFKL Financial Services v Commission
State aid — German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) — Decision declaring the aid incompatible with the internal market — Action for annulment — Individual concern — Admissibility — Concept of State aid — Selectivity — Nature and general scheme of the tax system — State resources — Obligation to state reasons — Legitimate expectations
Language of the case: German
Case T-676/13 Italian International Film v EACEA
Support programme for the European audiovisual sector (MEDIA 2007) — Measures of support for the transnational distribution of European films — Call for proposals in connection with the ‘selective’ scheme 2013 — EACEA act informing the applicant of the rejection of its application for the film ‘Only God Forgives’ — EACEA act confirming the rejection but stating new reasons — Powers — Distribution of tasks between the Commission and the EACEA — Circumscribed powers — Actions for annulment — Challengeable act — Admissibility — Obligation to state reasons — Permanent Guidelines 2012-2013 — Material or physical distribution agreement — Not communicated in advance to the EACEA — Application not eligible
Language of the case: Italian
Case T-247/14 Meica v OHIM – Salumificio Fratelli Beretta (STICK MiniMINI Beretta)
Community trade mark — Opposition proceedings — Application for the Community figurative mark STICK MiniMINI Beretta — Earlier Community word mark MINI WINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(3) of Regulation (EC) No 216/96
Language of the case: English
Case T-135/14 Kicktipp v OHIM – Italiana Calzature (kicktipp)
Community trade mark — Opposition proceedings — Application for Community word mark kicktipp — Earlier national word mark KICKERS — Rule 19 of Regulation (EC) No 2868/95 — Rule 98(1) of Regulation No 2868/95 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T-376/15 AJ KJ and KK v EASME
Legal aid — Application submitted before an action was brought — Action to be brought by a natural person — Manifest inadmissibility — Action to be brought by a legal person — Aid granted
Language of the case: French
Case T-164/14 Calberson GE v Commission
Arbitration clause — Programme to supply agricultural products to Russia — Supply of beef — Non-performance of the contract by the intervention agency — Applicable law — Limitation — Late release of certain supply securities — Partial payment of a transport invoice — Underpayment in foreign currency of certain invoices — Default interest
Language of the case: French
Case T-411/14 Coca-Cola v OHIM (Shape of a contour bottle)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a contour bottle without fluting — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Language of the case: English
Joined Cases T-546/13, T-108/14 and T-109/14 Šumelj and Others v Commission
Non-contractual liability — Accession of Croatia to the European Union — Repeal before accession of national legislation providing for the creation of the profession of public bailiff — Harm sustained by the persons previously appointed as public bailiffs — Failure by Commission to adopt measures ensuring compliance with the accession commitments — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 36 of the Act of Accession
Language of the case: Croatian
Case T-265/12 Schenker v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on duty of loyalty and prohibition on double representation — Fiduciary duties — Whether trade between Member States affected — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Settlement — 2006 Guidelines on the method of setting fines
Language of the case: English
Information (on unpublished decisions)
Case T-142/14 SolarWorld and Others v Council
Actions for annulment — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duties — Exemption of imports covered by an accepted undertaking — Non-severability — Inadmissibility
Case T-169/13 Benelli Q. J. v OHIM – Demharter (MOTO B)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MOTO B — Earlier non-registered national figurative marks MOTOBI — Relative ground for refusal — Evidence that the earlier non-registered marks are well known — Article 8(2)(c) of Regulation (EC) No 207/2009 — Article 6bis of the Paris Convention — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph, of Regulation No 2868/95 — First sentence of Article 75 of Regulation No 207/2009 — Obligation to state reasons
Case T-170/13 Benelli Q. J. v OHIM – Demharter (MOTOBI)
Community trade mark — Revocation proceedings — Community word mark MOTOBI — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-683/13 Brammer v OHIM – Office Ernest T. Freylinger (EUROMARKER)
Community trade mark — Opposition proceedings — Application for the Community word mark EUROMARKER — Earlier Community word mark EURIMARK — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-485/14 Bon Net v OHIM – Aldi (Bon Appétit!)
Community trade mark — Opposition proceedings — Application for Community figurative mark Bon Appétit! — Prior national figurative marks Бон Аnemú and Bon Apetí — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-541/14 Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM – Vicente Gandía Pla (ILLIRIA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark ILLIRIA — Earlier Community word mark CASTILLO DE LIRIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-562/13 Isotis v Commission
Arbitration clause — Competitiveness and Innovation Framework Programme — REACH112 contract — Reimbursement of sums advanced — Eligible costs
Case T-686/14 Italy v Commission
EAGGF — Guarantee Section — EAGGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Tomato processing sector — Aid to producer organisations — Expenditure incurred by Italy — Proportionality — Res judicata
Case T-722/14 PRIMA v Commission
Public service contracts — Tendering procedure — Support for the European Commission representative in Bulgaria in the context of the organization of public events — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Award criteria — Obligation to state reasons — Concept of relative advantages of the successful tender — Transparency
Case T-842/14 Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming)
Community trade mark — Application for Community word mark Slim legs by airpressure bodyforming — Refusal of registration by the examiner — Absolute grounds for refusal — Descriptive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-279/13 Ezz and Others v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Measures taken against persons responsible for misappropriation of State funds and against associated persons and entities — Freezing of funds — Inclusion of the applicants on the list of persons targeted — Legal basis — Failure to fulfil the criteria for listing — Error of law — Error of fact — Right to property — Damage to reputation — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Amendment of the claims and pleas in law — Lis pendens — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-82/15 InAccess Networks Integrated Systems v Commission
Seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) — Grant agreement for the ATRACO project — Debit notes and decisions contained in letters — No need to adjudicate in part — Contractual nature of the dispute — Partial inadmissibility
Case T-296/15 Industrias Químicas del Vallés v Commission
Action for annulment — Plant protection products — Implementing Regulation (EU) 2015/408 — Establishing a list of candidates for substitution — Inclusion of metalaxyl on that list — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Joined Cases T-711/13 and T-716/13 Harrys Pubar and Harry's New York Bar v OHIM – Harry's New York Bar and Harrys Pubar (HARRY'S BAR)
Community trade mark — Opposition proceedings — Application for the Community word mark HARRY’S BAR — Earlier national figurative mark PUB CASINO Harrys RESTAURANG — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-84/14 and T-97/14 Harrys Pubar and Harry's New York Bar v OHIM – Harry's New York Bar and Harrys Pubar (HARRY'S NEW YORK BAR)
Community trade mark — Opposition proceedings — Application for the Community word mark HARRY’S NEW YORK BAR — Earlier national figurative mark PUB CASINO Harrys RESTAURANG — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-328/14 Jannatian v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Admission restriction — Action for annulment — No need to adjudicate — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals — Non-material damage
Case T-364/14 Penny-Markt v OHIM – Boquoi Handels (B!O)
Community trade mark — Invalidity proceedings — Community figurative mark B!O — Earlier Community word mark bo — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-53/14 Ludwig-Bölkow-Systemtechnik v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities — Reimbursement of a portion of the amounts paid and flat-rate compensation — No need to adjudicate in part — Costs eligible for EU funding — Penalty clause — Manifestly excessive character
Case T-30/15 Infinite Cycle Works v OHIM – Chance Good Ent. (INFINITY)
Community trade mark — Opposition proceedings — Application for the Community word mark INFINITY — Earlier Community word mark INFINI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-761/14 Consolidated Artists v OHIM – Body Cosmetics International (MANGO)
Community trade mark — Invalidity proceedings — Community figurative mark MANGO — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009
Joined Cases T-279/15 to T-282/15 Pirelli Tyre v OHIM (Tyre treads and Others)
Community design — Community design representing tyre treads and pneumatic tyres for vehicle wheels — Failure to apply for renewal of the design and cancellation of the design upon expiry of the registration — Application for restitutio in integrum and application for renewal of the design
Case T-816/14 Tayto Group v OHIM – MIP Metro (REAL HAND COOKED)
Community trade mark — Opposition proceedings — Application for Community figurative mark REAL HAND COOKED — Earlier national figurative mark real QUALITY — Relative ground for refusal — Likelihood of confusion — Misuse of power — Article 8(1)(b) of Regulation (EC) No 207/2009 — Articles 64, 75, 76 and 83 of Regulation No 207/2009
Case T-402/14 FCC Aqualia v OHIM – Sociedad General de Aguas de Barcelona (AQUALOGY)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AQUALOGY — Earlier Community word mark AQUALIA and earlier national figurative mark aqualia — Relative grounds for refusal — Article 8(1)(b) and Article 8(5) of Regulation No 207/2009
Joined Cases T-589/14 and T-772/14 Musso v Parliament
Emoluments of Members of the Parliament — Old-age pension — Obligation for French Members to claim their pension rights from national schemes — Rule against overlapping — Implementing measures for the Statute for Members — Decision adopted at the conclusion of the complaints procedure — Debit note — Decision to suspend payment of the pension — Adversarial principle — Reasonable period — Obligation to state reasons
Case T-692/14 Puma v OHIM – Sinda Poland (Representation of an animal)
Community trade mark — Opposition proceedings — Application for figurative mark representing an animal — Earlier international figurative marks representing a puma — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-210/14 Mederer v OHIM – Cadbury Netherlands International Holdings (Gummi Bear-Rings)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark Gummi Bear-Rings — Earlier national figurative mark GUMMY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-507/14 Vidmar and Others v Commission
Non-contractual liability — Accession of Croatia to the European Union — Repeal before accession of national legislation establishing the profession of bailiff — Loss suffered by persons formerly appointed as bailiffs — Failure by the Commission to adopt measures to ensure fulfilment of accession commitments — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 36 of the Act of Accession
Case T-543/14 provima Warenhandels v OHIM – Renfro (HOT SOX)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Word mark HOT SOX — Absolute grounds for refusal — Lack of distinctive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-251/12 EGL and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Definition of the market — Effect on trade between Member States — Cooperation — Partial immunity from a fine
Case T-254/12 Kühne + Nagel International and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Surcharges and charging mechanisms affecting the final prices — Whether trade between Member States affected — Errors of assessment — Duration of the infringement — Amount of the fine — Point 13 of the 2006 Guidelines on the method of setting fines — Value of sales — Mitigating circumstances — Proportionality — Rights of the defence
Case T-264/12 UTi Worldwide and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Surcharges and tariff mechanisms having an impact on the final price of services — Errors of assessment — Proof — Whether trade between Member States affected — Appreciable effect on competition — Amount of the fine — Gravity of the infringement — Proportionality — Joint and several liability — Unlimited jurisdiction
Case T-267/12 Deutsche Bahn and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on the duty of loyalty and prohibition on double representation — Fiduciary duties — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Partial immunity from a fine — Unlimited jurisdiction — Settlement — 2006 Guidelines on the method of setting fines
Case T-270/12 Panalpina World Transport (Holding) and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Fines — Proportionality — Gravity of the infringement — Equal treatment — Obligation to state reasons — Settlement — 2006 Guidelines on the method of setting fines
Case T-725/15 R Chemtura Netherlands v EFSA
Application for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to the inclusion of an active substance — Rejection of the request for confidential treatment of certain information — Application for interim measures — Lack of urgency
Case T-732/15 R ICA Laboratories and Others v Commission
Application for interim measures — Environment — Consumer protection — Regulation fixing maximum residue levels for guazatine — Application for suspension of operation of a measure — No urgency
March 2016
Case T-79/14 Secop v Commission
State aid — Rescuing firms in difficulty — Aid in the form of a State guarantee — Decision declaring the aid compatible with the internal market — Failure to initiate the formal investigation procedure — Serious difficulties — Procedural rights of the interested parties
Language of the case: German
Case T-15/14 Simet v Commission
State aid — Retroactive public service compensation granted by the Italian authorities — Inter-regional bus transport services provided between 1987 and 2003 — Decision declaring the aid incompatible with the internal market — Maintenance of a public service obligation — Grant of compensation — Regulation (EEC) No 1191/69
Language of the case: Italian
Case T-438/15 Port autonome du Centre et de l'Ouest and Others v Commission
State aid — Corporation tax — Aid in favour of Belgian ports granted by Belgium — Commission letter informing the Member State of its preliminary assessment of that aid as being incompatible with the internal market and of the likely adoption of appropriate measures — Measure not open to challenge — Inadmissibility
Language of the case: French
Case T-840/14 International Gaming Projects v OHIM – Sky (Sky BONUS)
Community trade mark — Opposition proceedings — Application for a Community figurative mark Sky BONUS — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility
Language of the case: English
Case T-103/14 Frucona Košice v Commission
State aid — Excise duties — Partial remission of a tax debt in the context of an arrangement — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Rights of the defence — Procedural rights of the interested parties — Private creditor test — Burden of proof
Language of the case: English
Case T-561/14 One of Us and Others v Commission
Intervention — Interest in the result of the case — Representative association the purpose of which is to defend the interests of its members — Publication on the internet of the application to intervene — Abuse of procedure
Language of the case: English
Case T-586/14 Xinyi PV Products (Anhui) Holdings v Commission
Dumping — Imports of solar glass originating in the People’s Republic of China — Definitive anti-dumping duty — Market Economy Treatment (MET) — Article 2(7)(b) and (c), third indent, of Regulation (EC) No 1225/2009 — Significant distortion arising from the former planned economy system — Tax advantages
Language of the case: English
Case T-100/15 Dextro Energy v Commission
Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Refusal to authorise certain claims in spite of EFSA’s positive opinion — Proportionality — Equal treatment — Obligation to state reasons
Language of the case: German
Case T-817/14 Zoofachhandel Züpke and Others v Commission
Non-contractual liability — Health policy — Combating avian influenza — Prohibition of the importation of captured wild birds into the European Union — Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139/2013 — Sufficiently serious breach of rules of law conferring rights on individuals — Manifest and serious disregard for the limits of discretion — Proportionality — Duty of care — Articles 15 to 17 of the Charter of Fundamental Rights
Language of the case: German
Case T-501/13 Karl-May-Verlag v OHIM – Constantin Film Produktion (WINNETOU)
Community trade mark — Invalidity proceedings — Community word mark WINNETOU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009 — Principles of autonomy and independence of the Community trade mark — Obligation to state reasons
Language of the case: German
Information (on unpublished decisions)
Case T-40/09 Advance Magazine Publishers v OHIM – Selecciones Americanas (VOGUE CAFÉ)
Community trade mark — Opposition proceedings — Community word mark VOGUE CAFÉ — Earlier national figurative marks Vogue and VOGUE studio and application for the Community figurative mark VOGUE — Genuine use of earlier marks — Article 42(2) of Regulation (EC) No 207/2009
Case T-538/14 Peri v OHIM (Multiprop)
Community trade mark — Application for Community word mark Multiprop — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons
Case T-557/14 BrandGroup v OHIM – Brauerei S. Riegele, Inh. Riegele (SPEZOOMIX)
Community trade mark — Opposition proceedings — Application for Community word mark SPEZOOMIX — Earlier Community word mark Spezi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-61/15 1&1 Internet v OHIM – Unoe Bank (1e1)
Community trade mark — Opposition proceedings — Application for the Community word mark 1e1 — Earlier national word mark UNO E and earlier figurative mark unoe — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-675/14 Spain v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Flat rate financial corrections — Specific financial corrections — Extension of the financial correction to a period after the communication provided for in Article 11(1) of Regulation (EC) No 885/2006
Case T-778/14 Ugly v OHIM – Group Lottuss (COYOTE UGLY)
Community trade mark — Opposition proceedings — Application for the Community word mark COYOTE UGLY — Relative grounds for refusal — Revocation of the earlier Community word mark — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 — No non-registered mark — Article 8(4) of Regulation No 207/2009 — No well-known mark within the meaning of Article 6bis of the Paris Convention — Article 8(2)(c) of Regulation No 207/2009
Case T-53/15 credentis v OHIM – Aldi Karlslunde (Curodont)
Community trade mark — Opposition proceedings — Application for Community word mark Curodont — Earlier national word mark Eurodont — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-160/15 LG Developpement v OHIM – Bayerische Motoren Werke (MINICARGO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MINICARGO — Earlier Community word mark MINI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-94/15 Binca Seafoods v Commission
Action for annulment — Implementing Regulation (EU) No 1358/2014 — No extension of the transitory measure concerning aquaculture animals laid down in Article 95(11) of Regulation (EC) No 889/2008 — Lack of locus standi — Inadmissibility
Case T-436/15 Consorzio Vivaisti viticoli pugliesi and Negro Daniele v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Request to modify the form of order sought — Inadmissibility
Case T-437/15 Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-439/15 Amrita and Others v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-645/13 Nezi v OHIM – Etam (E)
Community trade mark — Opposition proceedings — Application for Community figurative mark E — Earlier Community figurative mark E — Relative grounds for refusal — Likelihood of confusion — Reputation — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-575/14 Larymnis Larko v Commission
Action for annulment — State aid — Privatisation — Support measures for a debtor of the applicant — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Inadmissibility
Case T-576/14 Larymnis Larko v Commission
Action for annulment — State aid — Privatisation — Support measures for a debtor of the applicant — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Inadmissibility
Case T-201/14 The Body Shop International v OHIM – Spa Monopole (SPA WISDOM)
Community trade mark — Opposition proceedings — Application for the Community word mark SPA WISDOM — Earlier Benelux word mark SPA — Relative grounds for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Case T-45/15 Hydrex v Commission
Grant agreement relating to a project concerning a financial instrument for the environment — Recovery order — Enforceable decision within the meaning of Article 299 TFEU — Obligation to state reasons — Errors of assessment — Force majeure
Case T-90/15 Schoeller Corporation v OHIM – Sqope (SCOPE)
Community trade mark — Invalidity proceedings — Community word mark SCOPE — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-363/15 Työhönvalmennus Valma v OHIM (Shape of a play box containing wooden blocks)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of game chest containing wooden blocks — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T-78/15 Mudhook Marketing v OHIM (IPVanish)
Community trade mark — Application for Community word mark IPVanish — Absolute ground for refusal — No distinctive character Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-785/14 El Corte Inglés v OHIM – STD Tekstil (MOTORTOWN)
Community trade mark — Opposition proceedings — Application for Community figurative mark MOTORTOWN — Earlier international figurative mark M MOTOR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-33/15 Grupo Bimbo v OHIM (BIMBO)
Community trade mark — Application for Community word mark BIMBO — Absolute grounds for refusal — Absence of distinctive character — Descriptive character — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009
Case T-87/16 R Eurofast v Commission
Application for interim measures — Subsidies — Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) — Letters requesting reimbursement of part of the subsidies granted — Debit note — Set-off — Application for suspension of operation of a measure — No urgency
April 2016
Case T-20/15 Henkell & Co. Sektkellerei v EUIPO – Ciacci Piccolomini d'Aragona di Bianchini (PICCOLOMINI)
EU trade mark — Opposition proceedings — Application for the EU word mark PICCOLOMINI — Earlier EU word mark PICCOLO — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Language of the case: English
Case T-44/14 Costantini and Others v Commission
Law governing the institutions — European citizens’ initiative — Social policy — Service of general economic interest — Article 352 TFEU — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) of Regulation (EU) No 211/2011 — Principle of sound administration — Obligation to state reasons
Language of the case: English
Case T-819/14 Mezhdunaroden tsentar za izsledvane na maltsinstvata i kulturnite vzaimodeystvia v Commission
Action for annulment — Contract concerning Union financial assistance in favour of a project seeking to improve the effectiveness of laws combating discrimination (GendeRace project) — Debit note — Measure not open to challenge — Measure which is part of a purely contractual context from which it is inseparable — Inadmissibility
Language of the case: Bulgarian
Case T-77/15 Tronios Group International v EUIPO – Sky (SkyTec)
EU trade mark — Invalidity proceedings — EU word mark SkyTec — Earlier national word mark SKY — Relative ground for refusal — Limitation in consequence of acquiescence — Article 54(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Language of the case: Dutch
Joined Cases T-50/06 RENV II and T-69/06 RENV II Ireland and Aughinish Alumina v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Existing or new aid — Article 1(b)(i), (iii) and (iv) of Regulation (EC) No 659/1999 — Legal certainty — Legitimate expectations — Reasonable time — Principle of sound administration — Misuse of powers — Obligation to state reasons — Concept of State aid — Advantage — Effect on trade between Member States — Distortion of competition
Language of the case: English
Case T-56/06 RENV II France v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Legitimate expectations — Legal certainty — Reasonable time
Language of the case: French
Case T-60/06 RENV II Italy v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Selective nature of the measure — Aid which may be considered compatible with the common market — Community guidelines on State aid for environmental protection — Guidelines on national regional aid 1998 — Legitimate expectations — Legal certainty — Principle lex specialis derogat legi generali — Principles of presumption of legality and of the effet utile of acts of the institutions — Principle of sound administration — Obligation to state reasons
Language of the case: Italian
Case T-221/08 Strack v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation file — Action for annulment — Implied and express refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the decision-making process — Duty to state reasons — Non-contractual liability
Language of the case: German
Case T-556/11 European Dynamics Luxembourg and Others v EUIPO
Public service contracts — Tendering procedure — Software development and maintenance services — Rejection of a tenderer’s bid — Classification of a tenderer in the cascade procedure — Grounds for exclusion — Conflict of interest — Equal treatment — Duty of diligence — Award criteria — Manifest error of assessment — Duty to state reasons — Non-contractual liability — Loss of opportunity
Language of the case: English
Case T-463/14 Österreichische Post v Commission
Directive 2004/17/EC — Procurement procedures in the water, energy, transport and postal services sectors — Implementing decision exempting certain services in the postal sector in Austria from the application of Directive 2004/17 — Article 30 of Directive 2004/17 — Duty to state reasons — Manifest error of assessment
Language of the case: German
Case T-52/15 Sharif University of Technology v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Support for the Government of Iran — Research and technical development in military or military-related fields — Rights of the defence — Right to effective judicial protection — Error of law and error of assessment — Right to property — Proportionality — Misuse of powers — Claim for damages
Language of the case: English
Information (on unpublished decisions)
Case T-10/16 R GABO:mi v Commission
Application for interim measures — Grants — Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting the repayment of part of the grants awarded — Debit note — Application for suspension of operation — Admissibility — Lack of urgency
Case T-613/14 Industrias Tomás Morcillo v EUIPO – Aucar Trailer (Polycart A Whole Cart Full of Benefits)
EU trade mark — Opposition proceedings — Application for European Union figurative mark Polycart A Whole Cart Full of Benefits — Earlier European Union figurative mark POLICAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-644/14 R ADR Center v Commission
Application for interim measures — Arbitration clause — Agreements concluded for the purpose of carrying out projects subsidised by the European Union within the framework of the ‘Civil Justice’ programme — Enforceable decision of the Commission to recover the sums paid — Application for suspension of operation of a measure — Lack of urgency
Case T-364/15 R ADR Center v Commission
Application for interim measures — Arbitration clause — Agreements concluded for the purpose of carrying out projects subsidised by the European Union within the framework of the ‘Civil Justice’ programme — Enforceable decision of the Commission to recover the sums paid — Application for suspension of operation of a measure — Lack of urgency
Case T-638/14 Frinsa del Noroeste v EUIPO – Frisa Frigorífico Rio Doce (FRISA)
EU trade mark — Opposition procedure — Application for the European Union figurative mark FRISA — Earlier European Union figurative mark Frinsa — Relative ground for refusal — Genuine use of the earlier trademark — Submission of new facts and evidence in support of an appeal brought before the General Court — Power to alter decisions — Article 42(2) and (3), Article 65 and final part of Article 76(1) of Regulation (EC) No 207/2009 — Rule 22, paragraphs 2 to 4, of Regulation (EC) No 2868/95
Case T-8/15 Auyantepui Corp. v EUIPO – Magda Rose (Mr Jones)
EU trade mark — Opposition proceedings — Application for European Union figurative mark Mr Jones — Earlier international figurative mark Jones — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-361/15 Choice v EUIPO (Choice chocolate & ice cream)
EU trade mark — Application for the European Union figurative mark Choice chocolate & ice cream — Absolute ground for refusal — Descriptive Character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-81/15 Facchinello v EUIPO – Olimpia Splendid (Synthesis)
EU trade mark — Revocation proceedings — EU figurative mark Synthesis — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Evidence presented for the first time before the General Court
Case T-41/16 R Cyprus Turkish Chamber of Industry and Others v Commission
Application for interim measures — Procedure for registration of a protected designation of origin — ‘Halloumi’ or ‘Hellim’ — Rejection of opposition — Application for suspension of operation of a measure — No urgency
Case T-200/14 Ben Ali v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures — Obligation to state reasons — Right to property — Proportionality — Error of fact — Rights of the defence — Right to effective judicial protection — Misuse of powers — Right to life — Right to a family life — Non-contractual liability
Case T-295/15 Zhang v EUIPO – K & L Ruppert Stiftung (Anna Smith)
EU trade mark — Opposition proceedings — Application for the EU word mark Anna Smith — Earlier EU word mark SMITH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-198/14 100 % Capri Italia v EUIPO – IN.PRO.DI (100 % Capri)
EU trade mark — Opposition proceedings — Application for EU figurative mark 100% Capri — Earlier EU figurative mark CAPRI — Relative ground for refusal — Distinctive character — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-326/14 Novomatic v EUIPO – Granini France (HOT JOKER)
EU trade mark — Opposition proceedings — Application for the EU figurative mark HOT JOKER — Earlier national figurative mark Joker — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T-261/15 Spirig Pharma v EUIPO (Daylong)
EU trade mark — Application for EU figurative trade mark Daylong — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-550/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
Case T-551/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
Case T-556/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
Case T-326/15 Dima v EUIPO (Shape of a box consisting of two open cubes)
EU trade mark — Application for a three-dimensional EU trade mark — Form of a box consisting of two open cubes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-383/15 Dima v EUIPO (Shape of an open cuboid box)
EU trade mark — Application for a three-dimensional EU trade mark — Form of an open cubic box — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-539/13 Inclusion Alliance for Europe v Commission
Action for annulment — Seventh framework programme for research and technological development including demonstration activities (2007-2013) — MARE, Senior and ECRN projects — Recovery of a share of the financial contribution paid — Enforcement decision — Nature of the pleas relied on — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-140/16 R Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
Case T-238/14 EGBA and RGA v Commission
Action for annulment — State aid — Gambling and betting — Aid envisaged by France for horse-racing companies — Parafiscal levy collected on online horse-race betting — Decision declaring the aid to be compatible with the internal market — Association — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T-21/15 Franmax v EUIPO – Ehrmann (Dino)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Dino — Earlier EU figurative trade mark representing a dinosaur — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-316/13 Pappalardo and Others v Commission
Non-contractual liability — Fisheries — Conservation of fisheries resources — Reconstitution of stocks of bluefin tuna — Emergency measures prohibiting fishing by purse seiners — Sufficiently serious infringement of a rule of law conferring rights on individuals
Case T-154/14 ANKO v Commission
Arbitration clause — Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Perform and Oasis projects — Eligible costs — Reimbursement of sums paid — Counter-claim — Default interest
Case T-155/14 ANKO v Commission
Arbitration clause — Subsidy contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Persona and Terregov projects — Eligible costs — Reimbursement of sums paid — Counter-claim — Default interest
Case T-89/15 Niagara Bottling v EUIPO (NIAGARA)
EU trade mark — International registration designating the European Union — Word mark NIAGARA — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-310/15 European Union Copper Task Force v Commission
Action for annulment — Plant-protection products — Implementing Regulation (EU) 2015/408 — Establishment of a list of candidates for substitution — Inclusion of copper compounds on that list — Lack of individual concern — Regulatory measure comprising implementing measures — Inadmissible
Case T-267/14 Zehnder Group International v EUIPO – Stiebel Eltron (comfotherm)
EU trade mark — Invalidity proceedings — EU word mark comfotherm — Earlier national word mark KOMFOTHERM — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the goods — Relevant public — Interdependence of factors
Case T-777/14 Fon Wireless v EUIPO – Henniger (Neofon)
EU trade mark — Opposition proceedings — Application for EU word mark Neofon — Earlier national word mark FON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-803/14 Gervais Danone v EUIPO – Mahou (B'lue)
EU trade mark — Opposition proceedings — Application for the EU figurative mark B’lue — Earlier EU word mark BLU DE SAN MIGUEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-54/15 Jääkiekon SM-liiga v EUIPO (Liiga)
EU trade mark — Application for EU figurative mark Liiga — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009
Case T-144/15 L'Oréal v EUIPO – Theralab (VICHY LABORATOIRES V IDÉALIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark VICHY LABORATOIRES V IDÉALIA — Earlier EU word mark IDEALINA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
May 2016
Case T-529/13 Izsák and Dabis v Commission
Law governing the institutions — European citizens’ initiative — Cohesion policy — National minority regions — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
Language of the case: Hungarian
Case T-693/13 Mikhalchanka v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on entry into, or transit through, the territory of the European Union — Retention of the applicant’s name on the list of persons concerned — Journalist — Rights of defence — Obligation to state reasons — Error of assessment
Language of the case: French
Case T-47/15 Germany v Commission
State aid — Renewable energy — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources
Language of the case: German
Case T-384/14 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Cattle and sheep sectors — Flat-rate financial correction — One-off correction — Articles 48 and 69 of Regulation (EC) No 1782/2003 — Special entitlements — Obligation to state reasons
Language of the case: Italian
Case T-468/14 Holistic Innovation Institute v Commission
Financial support — Research — Seventh Framework Programme for Research and Technical Development (2007-2013) — eDIGIREGION project — Commission decision refusing participation of an undertaking — Action for annulment — Time limit for bringing an action — Point from which time starts to run — Inadmissibility — Non-contractual liability — Non-material damage — Sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: Spanish
Case T-32/15 GRE v EUIPO (Mark1)
EU trade mark — Application for EU figurative mark Mark1 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Joined Cases T-423/13 and T-64/14 Good Luck Shipping v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with the aim of preventing nuclear proliferation in Iran — Freezing of funds — Error of law — Legal basis — Error of assessment — No evidence
Language of the case: English
Case T-126/15 El Corte Inglés v EUIPO – Grup Supeco Maxor (Supeco)
EU trade mark — Opposition proceedings — Application for EU figurative mark Supeco — Earlier EU figurative mark SUPER COR — Relative ground for refusal — Likelihood of confusion — Extent of the examination carried out by the Board of Appeal — Goods and services on which the opposition is based — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 15(2)(f) of Regulation (EC) No 2868/95 — Communication No 2/12
Language of the case: French
Case T-226/14 Commission v McCarron Poultry
Arbitration clause — Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002) — Contract relating to ‘Energy, environment and sustainable development’ — Termination of the contract — Reimbursement of part of the amount advanced — Default interest — Procedure by default
Language of the case: English
Joined Cases T-479/11 and T-157/12 France and IFP Énergies nouvelles v Commission
State aid — Oil exploration — Implied and unlimited State guarantee conferred on the Institut français du pétrole (IFP) by the grant of the status of publicly-owned industrial and commercial establishment (EPIC) — Advantage — Presumption of an advantage
Language of the case: French
Case T-110/15 International Management Group v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation — Access refused — Exception concerning the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Category of documents
Language of the case: English
Information (on unpublished decisions)
Case T-63/14 Iran Insurance v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality
Case T-68/14 Post Bank Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality
Case T-454/15 Laboratorios Ern v EUIPO – Werner (Dynamic Life)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dynamic Life — Earlier national word mark DYNAMIN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-503/15 Aranynektár v EUIPO – Naturval Apícola (Natür-bal)
EU trade mark — Opposition proceedings — Application for EU word mark Natür-bal — Earlier EU word mark NATURVAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-193/15 Bodegas Williams & Humbert v EUIPO – Central Hisumer (BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN)
EU trade mark — Opposition proceedings — Application for EU figurative mark BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN — Earlier EU word mark THE BOTANICALS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-806/14 August Storck v EUIPO (Representation of white and blue square-shaped packaging)
EU trade mark — International registration designating the European Union — Figurative mark representing white and blue square-shaped packaging — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-324/15 Volkswagen v EUIPO – Andrã (BAG PAX)
EU trade mark — Revocation proceedings — EU word mark BAG PAX — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Joined Cases T-322/14 and T-325/14 mobile.international v EUIPO – Rezon (mobile.de)
EU trade mark — Invalidity proceedings — EU word and figurative trade marks mobile.de — Earlier national figurative mark mobile — Genuine use of the earlier mark — Article 15(1), Article 57(2) and Article 76(2) of Regulation (EC) No 207/2009 — Rule 40(6) of Regulation (EC) No 2868/95
Case T-590/14 Zuffa v EUIPO (ULTIMATE FIGHTING CHAMPIONSHIP)
EU trade mark — Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Distinctive character acquired through use — Obligation to state reasons — Relevant public — Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009
Case T-643/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONIC)
EU trade mark — Opposition proceedings — Application for the EU word mark ABTRONIC — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-669/14 Trioplast Industrier v Commission
Competition — Agreements, decisions and concerted practices — Market in industrial plastic bags — Action for annulment — Challengeable act — Admissibility — Action for damages — Default interest — Concept of a debt which is certain, of a fixed amount and due — Proportionality — Legal certainty — Principle that penalties must be specific to the individual and to the offence — Lack of legal basis — Article 266 TFEU — Causal link
Case T-693/14 Hamr - Sport v Commission
State aid — Sports facilities provided by non-profit organisations — Operating or investment subsidies seeking to enable the construction, operation, maintenance, reconstruction or development of sports facilities which are non-profit — Decision declaring the aid to be compatible with the internal market — Article 107(3)(c) TFEU — Action for annulment — Individual concern — Concept of interested party — Admissibility — No effect on trading conditions to an extent contrary to the common interest — No doubts which justify initiating the formal investigation procedure
Case T-749/14 Chung-Yuan Chang v EUIPO – BSH Hausgeräte (AROMA)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark AROMA — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-750/14 Ivo-Kermartin v EUIPO – Ergo Versicherungsgruppe (ELGO)
EU trade mark — Opposition proceedings — Application for EU word mark ELGO — Earlier EU word and figurative marks ERGO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Successive restrictions on the application for registration — Article 43(1) of Regulation No 207/2009 — Second sentence of Article 75 of Regulation No 207/2009 — Right to be heard — Rule 69 of Regulation (EC) No 2868/95
Case T-775/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONIC)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ABTRONIC — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-776/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONICX2)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ABTRONICX2 — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-844/14 GRE v EUIPO (Mark1)
EU trade mark — Application for EU figurative mark Mark1 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-298/15 Atlas v EUIPO (EFEKT PERLENIA)
EU trade mark — Application for the EU figurative mark EFEKT PERLENIA — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-62/15 Market Watch v EUIPO – El Corte Inglés (MITOCHRON)
EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier EU figurative mark mito — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-312/15 Market Watch v EUIPO – Glaxo Group (MITOCHRON)
EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier national word mark MIVACRON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-601/15 CEVA v Commission
Arbitration clause — Technological research and development project in the area entitled ‘Algae grown from sustainable aquaculture as raw material for biodegradable bioplastics’ — SEABIOPLAS contract — Demand for payment of the financial contribution due — Offsetting — Period allowed for commencing proceedings — Delay — No interest in bringing proceedings — Inadmissibility
Case T-754/14 R Efler and Others v Commission
Interim measures — Law governing the institutions — European citizens’ initiative — Refusal of registration — Application for interim measures — Inadmissibility
Case T-235/15 R Pari Pharma v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Order granting suspension of operation of the decision to grant a third party access to the documents — Application for cancellation — No change in circumstances — Article 159 of the Rules of Procedure of the General Court
Case T-753/14 Ice Mountain Ibiza v EUIPO – Etyam (ocean beach club ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean beach club ibiza — Earlier national figurative and word marks ocean drive Ibiza-hotel and OCEAN THE GROUP — Annulment of the earlier mark on which the contested decision was based — No need to adjudicate
Case T-805/14 Stagecoach Group v EUIPO (MEGABUS.COM)
European Union trade mark — Application for a European Union word mark MEGABUS.COM — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Action manifestly inadmissible and manifestly lacking any foundation in law
Case T-5/15 Ice Mountain Ibiza v EUIPO – Marbella Atlantic Ocean Club (ocean beach club ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean beach club ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
Case T-6/15 Ice Mountain Ibiza v EUIPO – Marbella Atlantic Ocean Club (ocean ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
Cases T-422/15 and T-423/15 U-R LAB v EUIPO (THE DINING EXPERIENCE)
European Union trade mark — Application for European Union figurative and word marks THE DINING EXPERIENCE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-581/15 Syndial v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure against Italy — Possible non-compliance with Directives 2011/92/EU and 1999/13/EC — Reclamation of a former industrial site (Cengio-Saliceto) — Refusal of access — Action manifestly lacking any foundation in law
Case T-99/15 Sfera Joven v EUIPO – Las banderas del Mediterráneo (NOOSFERA)
EU trade mark — Opposition proceedings — EU word mark NOOSFERA — Earlier national word and figurative marks SFERA, Sfera colours and sfera CENTROS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-254/15 Aldi Einkauf v EUIPO – Dyado Liben (Casale Fresco)
EU trade mark — Opposition proceedings — Application for EU word mark Casale Fresco — Earlier EU word mark FREZCO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-331/15 Bimbo v EUIPO (THE SNACK COMPANY)
European Union trade mark — Application for European Union figurative mark THE SNACK COMPANY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Articles 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-454/14 Warimex v EUIPO (STONE)
EU trade mark — Application for EU figurative mark STONE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-301/15 Jochen Schweizer v EUIPO (Du bist, was du erlebst.)
EU trade mark — Application for EU word mark Du bist, was du erlebst. — Absolute ground for refusal — Mark consisting of an advertising slogan — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
June 2016
Case T-662/14 Hungary v Commission
Common agricultural policy — Direct payments — Additional criteria for ecological focus areas with short rotation coppice — Article 45(8) of the Delegated Regulation (EU) No 639/2014 — Article 46(9)(a) of Regulation (EU) No 1307/2013 — Misuse of power — Legal certainty — Non-discrimination — Legitimate expectations — Right to property — Obligation to state reasons
Language of the case: Hungarian
Cases T-426/10 to T-429/10 and T-438/12 to T-441/12 Moreda-Riviere Trefilerías and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Economic unit — Direct participation in the infringement — Secondary liability of parent companies — Succession of undertakings — Complex infringement – Single and continuous infringement — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity and principle that penalties must be lawful — Mitigating circumstances — Ability to pay — Rights of the defence — Obligation to state reasons — Request for reconsideration — No change in the factual circumstances — Letter of rejection — Inadmissibility
Language of the case: Spanish
Case T-160/13 Bank Mellat v Council
Common foreign and security policy — Restrictive measures against Iran — Restrictions on transfers of funds involving Iranian financial institutions — Jurisdiction of the General Court — Action for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Interest in bringing proceedings — Admissibility — Proportionality — Obligation to state reasons — Legal safeguards as referred to in Article 215(3) TFEU — Legal certainty — Non-arbitrariness — Breach of fundamental rights
Language of the case: English
Case T-723/14 HX v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Modification of the form of order sought — Error of assessment
Language of the case: Bulgarian
Case T-583/15 Monster Energy v EUIPO (Representation of a peace symbol)
EU trade mark — Application for an EU figurative mark representing a peace symbol — Application for restitutio in integrum — Non-compliance with the time limit for bringing an action before the General Court
Language of the case: English
Case T-276/13 Growth Energy and Renewable Fuels Association v Council
Dumping — Imports of bioethanol originating in the United States — Definitive anti-dumping duty — Action for annulment — Association — Members not directly concerned — Inadmissibility — Countrywide anti-dumping duty — Individual treatment — Sampling — Rights of the defence — Non-discrimination — Duty of diligence
Language of the case: English
Case T-122/14 Italy v Commission
Failure to comply with a judgment of the Court of Justice finding that a Member State has failed to fulfil its obligations — Periodic penalty payment — Judgment quantifying the amount of the periodic penalty payment — Method of calculating the interest applicable to the recovery of unlawful aid — Compound interest
Language of the case: Italian
Case T-381/14 Pshonka v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
Case T-494/14 Klymenko v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
Case T-118/13 Whirlpool Europe v Commission
Actions for annulment — State aid — Household appliances — Restructuring aid — Decision declaring the aid compatible with the internal market, subject to compliance with certain conditions — Decision taken following the annulment by the Court of the earlier decision concerning the same procedure — Lack of individual concern — No substantial effect on the competitive position — Inadmissibility
Language of the case: English
Case T-43/16 1&1 Telecom v Commission
Action for annulment — Signature of the application initiating proceedings — Articles 76 and 77 of the Rules of Procedure — Rejection of the plea of inadmissibility
Language of the case: English
Case T-590/15 Onix Asigurări v EIOPA
Action for failure to act, for annulment and for damages — Application for an investigation to be initiated into alleged infringement of EU law — Decision of the chairman of EIOPA not to initiate an investigation — Decision of the Board of Appeal to dismiss the complaint as inadmissible — Time-limits for bringing proceedings — Act not open to challenge — Infringement of essential procedural requirements — Action in part manifestly inadmissible and in part manifestly lacking any legal basis
Language of the case: Romanian
Case T-810/14 Portugal v Commission
Failure to comply with a judgment of the Court of Justice finding that a State has failed to fulfil its obligations — Penalty payment — Decision quantifying the penalty payment — Repeal of national legislation incompatible with EU law — Date on which the infringement was brought to an end — Annulment of an earlier decision quantifying a penalty payment imposed in compliance with the same judgment of the Court of Justice — Res judicata — Action manifestly lacking any foundation in law
Language of the case: Portuguese
Case T-208/13 Portugal Telecom v Commission
Competition — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo — Legal safeguard ‘to the extent permitted by law’ — Obligation to state reasons — Infringement by subject-matter — Ancillary restriction — Potential competition — Infringement by effects — Calculation of the amount of the fine — Request for examination of witnesses
Language of the case: Portuguese
Case T-216/13 Telefónica v Commission
Competition — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo — Legal safeguard ‘to the extent permitted by law’ — Infringement by subject-matter — Ancillary restriction — Autonomy of the applicant’s conduct — Potential competition — Infringement by effects — Calculation of the amount of the fine — Request for examination of witnesses
Language of the case: Spanish
Case T-567/14 Group v EUIPO – Iliev (GROUP Company TOURISM & TRAVEL)
EU trade mark — Opposition proceedings — Application for European Union figurative mark GROUP Company TOURISM & TRAVEL — Earlier, non-registered national figurative marks GROUP Company TOURISM & TRAVEL — Relative ground for refusal — Application of national law — Article 8(4) of Regulation (EC) No 207/2009 — Evidence establishing the content of the national right — Rule 19(2)(d) of Regulation (EC) No 2868/95 — Failure to take account of evidence adduced before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Language of the case: Bulgarian
Case T-424/13 Jinan Meide Casting v Council
Dumping — Importations of threaded tube or pipe cast fittings, of malleable cast iron originating in China — Definitive anti-dumping duty — Confidential treatment of the normal value calculations — Information provided in good time — Time limit for adopting a decision on market economy treatment — Rights of the defence — Equal treatment — Principle of non-retroactivity — Article 2(7) to (11), Article 3(1) to (3), Article 6(7), Article 19(1) and (5), and Article 20(2) and (4), of Regulation (EC) No 1225/2009
Language of the case: English
Information (on unpublished decisions)
Case T-292/12 RENV Mega Brands v EUIPO - Diset (MAGNEXT)
European Union trade mark — Opposition proceedings — Application for European Union word mark MAGNEXT — Earlier national word mark MAGNET 4 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-34/15 Wolf Oil v EUIPO – SCT Lubricants (CHEMPIOIL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Examination of the facts of the Office’s own motion — Obligation to state reasons — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009
Case T-240/15 Grupo Bimbo v EUIPO (Shape of a bar with four circles)
European Union trade mark — Application for three-dimensional European Union trade mark — Shape of a bar with four circles — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75 of Regulation No 207/2009 — Obligation to state reasons
Joined Cases T-510/14 and T-536/14 Staywell Hospitality Group v EUIPO – Sheraton International IP (PARK REGIS) and Sheraton International IP v EUIPO – Staywell Hospitality Group (PARK REGIS)
European Union trade mark — Opposition proceedings — Application for European Union figurative mark PARK REGIS — Earlier European Union figurative mark ST. REGIS — Partial refusal to register — Article 64(1) of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-654/14 Revolution v EUIPO (REVOLUTION)
EU trade mark — Application for EU word mark REVOLUTION — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-220/15 Beele Engineering v EUIPO (WE CARE)
EU trade mark — Application for the EU figurative mark WE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-222/15 Beele Engineering v EUIPO (WE CARE)
EU trade mark — Application for the EU figurative mark WE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-178/15 Kohrener Landmolkerei and DHG v Commission
System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Letter from the Commission informing the competent national authorities of their late lodging of their opposition measure — Action manifestly lacking any foundation in law
Case T-585/15 Monster Energy v EUIPO (GREEN BEANS)
EU trade mark — Application for the EU word mark GREEN BEANS — Application for restitutio in integrum — Non-compliance with the time limit for bringing an action before the General Court
Case T-162/13 Magic Mountain Kletterhallen and Others v Commission
State aid — Aid for the construction and operation of climbing centres of Deutscher Alpenverein eV — Decision declaring the aid compatible with the internal market — Aid scheme — More detailed economic analysis — Market failure — Legitimate objective in the public interest — Article 108(2) and (3) TFEU — Serious difficulties
Case T-277/13 Marquis Energy v Council
Dumping — Imports of bioethanol originating in the United States — Definitive anti-dumping duty — Action for annulment — Direct concern — Admissibility — Countrywide anti-dumping duty — Individual treatment — Sampling
Case T-825/14 IREPA v Commission and Court of Auditors
Action for annulment — Fishing — Italian National Fisheries Data Collection Programme for the period 2009-2010 — Recovery of a part of the advances paid to the applicant — Court of Auditors’ preliminary report — Measure not open to challenge — Preparatory measure — Pre-information letters — Debit note — Fourth paragraph of Article 263 TFEU — Lack of direct concern — Inadmissibility
Case T-380/14 Pshonka v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Case T-732/15 RII ICA Laboratories and Others v Commission
Application for interim measures — Environment — Consumer protection — Regulation fixing maximum residue levels for guazatine — Application for suspension of operation of a measure — New application — No new facts — No urgency
Case T-789/14 Staatliche Porzellan-Manufaktur Meissen v EUIPO – Meissen Keramik (MEISSEN)
EU trade mark — Opposition proceedings — Application for EU figurative mark MEISSEN — Earlier EU and national word and figurative marks MEISSEN, MEISSENER PORZELLAN, HAUS MEISSEN, Meissen and Meissener Porzellan — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character and reputation of the earlier marks — Article 8(5) of Regulation No 207/2009 — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1) of Regulation No 207/2009
Case T-385/15 Loops v EUIPO (Shape of a toothbrush)
EU trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a toothbrush — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-595/15 Europäischer Tier- und Naturschutz and Giesen v Commission
Action for annulment — Alleged refusal to submit a legislative proposal for the establishment of a European law association — Act not amenable to review — Manifest inadmissibility
Case T-614/14 Fútbol Club Barcelona v EUIPO – Kule (KULE)
European Union trade mark — Opposition proceedings — Application for European Union word mark KULE — Earlier national word marks and well-known mark CULE — Relative grounds for refusal — No genuine use of the earlier trade marks — Article 42(2) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T-629/15 Hako v EUIPO (SCRUBMASTER)
EU trade mark — Application for EU word mark SCRUBMASTER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-652/14 AF Steelcase v EUIPO
Public service contracts — Tender procedure — Supply and installation of furniture and accessories at EUIPO’s head offices — Rejection of a tenderer’s tender — Action for annulment — Award decision — No direct concern — Inadmissibility — Obligation to state reasons — Principle of sound administration — Proportionality — System for excluding tenders — Non-contractual liability — Material damage — Non-material damage
Case T-656/14 Peri v EUIPO (Shape of a formwork coupler)
EU trade mark — Application for three-dimensional EU trade mark — Shape of a formwork coupler — Absolute ground for refusal — Sign consisting exclusively of the shape of the product required to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T-134/15 salesforce.com v EUIPO (SOCIAL.COM)
European Union trade mark — Application for European Union word mark SOCIAL.COM — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Joined Cases T-727/14 and T-728/14 Universal Protein Supplements v EUIPO – H Young Holdings (animal)
EU trade mark — Invalidity proceedings — EU figurative marks animal — Unregistered earlier national word mark ANIMAL — Relative ground for refusal — Application of national law by EUIPO — Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 — Particulars of the right on which the application for a declaration of invalidity is based — Rule 37(b)(ii) of Regulation (EC) No 2868/95
Case T-491/07 RENV CB v Commission
Competition — Decision by an association of undertakings — Market for the issue of payment cards in France — Decision finding an infringement of Article 81 EC — Pricing measures applicable to ‘new entrants’ — Membership fee, mechanism for ‘regulating the acquiring function’, and ‘dormant member “wake-up” mechanism’ — Relevant market — Restriction of competition by effect — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty
Case T-516/13 CW v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds –Inclusion of the applicant’s name on the basis of new grounds following the annulment of the previous measures freezing funds — Right to property — Proportionality — Factual error — Misuse of powers — Non-contractual liability — Causal link
Case T-545/13 Al Matri v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of public funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Inadequate factual basis — Error of fact — Error of law — Right to property — Freedom to conduct a business — Proportionality — Rights of defence — Right to effective judicial protection — Obligation to state reasons
Case T-224/14 CW v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Extension — Right to property — Proportionality — Error of fact — Misuse of powers — Non-contractual liability
July 2016
Case T-518/13 Future Enterprises v EUIPO – McDonald's International Property (MACCOFFEE)
European Union trade mark — Invalidity proceedings — European Union word mark MACCOFFEE — Earlier European Union word mark McDONALD’S — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark — Declaration of invalidity
Language of the case: English
Case T-26/15 P Commission v Hristov
Appeal — Civil service — Appointment — Procedure for selection and appointment of the executive director of a regulatory agency — EMA — Pre-selection by a pre-selection panel — Appointment by the EMA’s Management Board — Composition of the pre-selection panel — Combination of functions as a member of the pre-selection panel and as a member of the EMA’s Management Board — Impartiality
Language of the case: Bulgarian
Case T-82/14 Copernicus-Trademarks v EUIPO – Maquet (LUCEO)
European Union trade mark — Proceedings for a declaration of invalidity — European Union word mark LUCEO — Absolute ground for refusal — Bad faith during the filing of the application for registration — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
Case T-347/14 Yanukovych v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Modification of the form of order sought — Death of the applicant — Inadmissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
Case T-146/09 RENV Parker Hannifin Manufacturing and Parker-Hannifin v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Price-fixing agreements, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Principle of economic continuity — Principle of personal liability — Fines — Aggravating circumstances — Role of leader — Ceiling of 10% — Unlimited jurisdiction
Language of the case: English
Case T-143/12 Germany v Commission
State aid — Postal services — Funding of additional salary and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by remuneration for price-regulated services — Decision declaring the aid incompatible with the internal market — Concept of advantage — ‘Combus’ judgment — Proof of the existence of an economic and selective advantage — None
Language of the case: German
Case T-661/14 Latvia v Commission
EAGGF, EAGF and EAFRD — Expenditure excluded from financing –– Flat rate financial correction — Cross compliance — Minimum requirements for good agricultural and environmental conditions — Standards — Article 5(1) of and Annex IV to Regulation (EC) No 1782/2003 — Article 6(1) of and Annex III to Regulation (EC) No 73/2009
Language of the case: Latvian
Case T-742/14 Alpha Calcit v EUIPO – Materis Paints Italia (CALCILITE)
EU trade mark — Invalidity proceedings — EU figurative mark CALCILITE — Earlier EU word mark Calcilit — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Relevant public — Public common to the goods in question
Language of the case: English
Case T-131/16 R Belgium v Commission
Application for interim measures — State aid — Tax scheme exempting excess profits of a number of multinational companies — Exemption granted on the basis of tax rulings — Decision declaring scheme to be aid incompatible with the internal market and ordering recovery of the aid — Application for suspension of operation of a measure — No urgency
Language of the case: English
Case T-483/13 Oikonomopoulos v Commission
Non-contractual liability — Damage caused by the Commission in the context of an OLAF investigation and by OLAF — Actions for damages — Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities — Admissibility — Misuse of powers — Processing of personal data — Rights of the defence
Language of the case: English
Case T-11/15 Internet Consulting v EUIPO – Provincia Autonoma di Bolzano-Alto Adige (SUEDTIROL)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark SUEDTIROL — Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009 — Absolute ground for refusal — Geographical indication of origin — Descriptive character
Language of the case: German
Case T-66/14 Bredenkamp and Others v Council and Commission
Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Freezing of funds — Non-contractual liability
Language of the case: English
Case T-790/14 Hassan v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Restriction of admission — Annulment or earlier acts by a judgment of the General Court — New acts including the applicant’s name on the lists — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Non-contractual liability
Language of the case: French
Information (on unpublished decisions)
Case T-349/13 Orange Business Belgium v Commission
Public service contracts — Tender procedure — Provision of ‘Trans-European Services for Telematics between Administrations — new generation (TESTA-ng)’ — Rejection of a tenderer’s bid — Award of the contract — Transparency — Equal treatment — Non-discrimination — Obligation to state reasons
Case T-167/15 Bundesverband Souvenir - Geschenke - Ehrenpreise v EUIPO – Freistaat Bayern (NEUSCHWANSTEIN)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark NEUSCHWANSTEIN — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — No distinctive character — Distinctive character — Article 52(1)(b) of Regulation No 207/2009 — No bad faith
Case T-96/15 Mozzetti v EUIPO – di Lelio (Alfredo alla Scrofa)
EU trade mark — Proceedings for a declaration of invalidity — Figurative EU trade mark Alfredo alla Scrofa — Earlier national word mark L’ORIGINALE ALFREDO — Request for proof of genuine use — Article 57(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009
Case T-97/15 Mozzetti v EUIPO – di Lelio (ALFREDO'S GALLERY alla Scrofa Roma)
EU trade mark — Proceedings for a declaration of invalidity — Figurative EU trade mark ALFREDO’S GALLERY alla Scrofa Roma — Earlier national word mark L’ORIGINALE ALFREDO — Request for proof of genuine use — Article 57(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009
Case T-431/15 Fruit of the Loom v EUIPO – Takko (FRUIT)
EU trade mark — Revocation proceedings — EU word mark FRUIT — Genuine use of a mark — Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 — External use of the mark
Case T-326/13 Commission v Thales développement et coopération
Arbitration clause — Fourth and fifth framework programme for research, technological development and demonstration activities — Contracts concerning projects on the design and development of direct methanol fuel cells — Nullity of contracts on grounds of fraud — Repayment of financial contributions from the European Union — Regulation (EU, Euratom) No 2988/95 — Limitation period — Application of French and Belgian law — Rights of defence — Interest
Case T-99/14 Alesa v Commission
Public services contracts — Tendering procedure — Supply of technical assistance to the Chinese authorities for the purposes of the project ‘Sustainable urbanisation project — Link between the eco-cities of Europe and China (EC-LINK)’ — Negotiated procedure — Article 266(1) of Delegated Regulation (EU) No 1268/2012 — Transparency — Equal treatment — Non-contractual liability
Case T-345/15 Modas Cristal v EUIPO – Zorlu Tekstil Ürünleri Pazarlama (KRISTAL)
EU trade mark — Opposition proceedings — Application for EU figurative mark KRISTAL — Earlier national word and figurative marks MODAS CRISTAL and home CRISTAL — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-368/15 Alcimos Consulting v ECB
Action for annulment — Action for compensation — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Ceiling — Lack of direct concern — Inadmissibility — Infringement of procedural requirements
Case T-371/15 Preferisco Foods v EUIPO – Piccardo & Savore' (PREFERISCO)
EU trade mark — Opposition proceedings — Application for EU figurative mark PREFERISCO — Earlier EU word mark I PREFERITI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-420/15 Thun 1794 v EUIPO – Adekor (Decorative graphical symbols)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing decorative graphical symbols — Earlier design — Ground for invalidity — Disclosure of earlier design — Lack of novelty — Articles 5, 7 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-429/15 Monster Energy v EUIPO – Mad Catz Interactive (MAD CATZ)
EU trade mark — Opposition proceedings — Application for EU figurative mark MAD CATZ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-491/15 Volkswagen v EUIPO (ConnectedWork)
European Union trade mark — Application for European Union word mark ConnectedWork — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-567/15 Monster Energy v EUIPO – Mad Catz Interactive (Representation of a black square with four white lines)
EU trade mark — Opposition proceedings — Application for EU figurative mark representing a black square with four white lines — Earlier EU figurative mark representing three claws positioned vertically — Relative ground for refusal — No likelihood of confusion
Case T-266/14 Argus Security Projects v Commission
Public service contracts — Supply of security services as part of the European Union Integrated Border Management Assistance Mission in Libya — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Obligation to state reasons
Case T-770/14 Italy v Commission
ERDF — Regulation (EC) No 1083/2006 — Italy-Malta Cross-border Cooperation Programme 2007-2013 — Failure to comply with deadlines — Automatic decommitment — Proportionality — Principle of cooperation — Principle of partnership — Force majeure — Obligation to state reasons — Action manifestly lacking any foundation in law
Case T-745/14 TeamBank v EUIPO – Easy Asset Management (e@sy Credit)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark e@sy Credit — Earlier national figurative mark EasyCredit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-308/15 Reisenthel v EUIPO (keep it easy)
EU trade mark — Application for word mark keep it easy — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-718/15 R PTC Therapeutics International v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Case T-729/15 R MSD Animal Health Innovation and Intervet international v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Case T-251/16 R Director-General of OLAF v Commission
Interim measures — Law governing the institutions — Decision to waive the immunity from legal proceedings of the Director-General of OLAF — Measure liable to call into question the independence of the Director-General — Application for suspension of operation — Lack of urgency
Case T-804/14 Ogrodnik v EUIPO – Aviário Tropical (Tropical)
EU trade mark — Invalidity proceedings — EU figurative mark Tropical — Earlier national word mark TROPICAL — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Extent of the applicant’s rights under national law — Coexistence of the marks — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-832/14 Nutria v Commission
Non-contractual liability — Refusal to extend the deadline for the withdrawal of skimmed milk powder in the context of the programme for the distribution of food aid to the most deprived persons in the European Union for the year 2010 — Sufficiently serious breach of a rule of law conferring rights on individuals
September 2016
Case T-472/13 Lundbeck v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and generic undertakings — Article 101(1) and (3) TFEU — Errors of law and of assessment — Obligation to state reasons — Rights of defence — Legal certainty — Fines
Language of the case: English
Case T-54/14 Goldfish and Others v Commission
Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price-fixing and allocation of sales volumes — Admissibility of evidence — Use of secret recordings of telephone conversations as evidence — Assessment of ability to pay — Unlimited jurisdiction
Language of the case: Dutch
Case T-159/15 Puma v EUIPO – Gemma Group (Representation of a bounding feline)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a bounding feline — Earlier international figurative marks representing a bounding feline — Relative ground for refusal — Sound administration — Proof of the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
Case T-146/15 hyphen v EUIPO – Skylotec (Representation of a polygon)
EU trade mark — Revocation proceedings — EU figurative trade mark representing a polygon — Genuine use of the trade mark — Article 15(1), second paragraph (a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape differing by elements not altering the distinctive character
Language of the case: German
Case T-384/15 EDF Luminus v Parliament
Arbitration clause — Electricity supply contract CNT (2009) N° 137 — Payment by the Parliament of the regional contribution made by the applicant to the Brussels-Capital Region and calculated on the basis of the power made available to the Parliament — No contractual obligation — No obligation under national law
Language of the case: French
Case T-408/15 Globo Comunicação e Participações v EUIPO (Sound mark)
EU trade mark — Application for a sound mark — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: French
Case T-584/15 POA v Commission
Action for annulment — Application for registration of a protected designation of origin (‘Halloumi’ or ‘Hellim’) — Decision to publish in the Official Journal, C series, an application for registration of a protected designation of origin pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 — Preparatory measure — Measure not open to challenge — Inadmissibility
Language of the case: English
Case T-219/13 Ferracci v Commission
State aid — Municipal real estate tax — Exemption granted to non-commercial entities carrying on specific activities — Codified law on income tax — Exemption from the single municipal tax — Decision in part finding no State aid and in part declaring the aid incompatible with the internal market — Action for annulment — Regulatory act not entailing implementing measures — Whether of direct concern — Admissibility — Absolute impossibility of recovering the aid — Article 14(1) of Regulation (EC) No 659/1999 — Obligation to state reasons
Language of the case: Italian
Case T-392/13 La Ferla v Commission and ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Request for information — Power of ECHA — Proportionality
Language of the case: Italian
Case T-620/13 Marchi Industriale v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Determination of the size of the undertaking — Power of the ECHA — Obligation to state reasons
Language of the case: Italian
Case T-675/13 K Chimica v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Determination of an enterprise’s size — Power of the ECHA
Language of the case: Italian
Case T-76/14 Morningstar v Commission
Competition — Abuse of a dominant position — Worldwide market for consolidated real-time datafeeds — Decision making the commitments offered by the dominant undertaking binding — Article 9 of Regulation (EC) No 1/2003
Language of the case: English
Case T-111/14 Unitec Bio v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Language of the case: English
Case T-120/14 PT Ciliandra Perkasa v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Language of the case: English
Case T-339/14 Kurchenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — Applicant not represented by a lawyer — Applicant having ceased to reply to the Court’s requests — No need to adjudicate
Language of the case: English
Case T-340/14 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Failure to comply with the listing criteria — Manifest error of assessment — Right to property — Right to reputation)
Language of the case: English
Case T-346/14 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Misuse of powers — Failure to comply with the listing criteria — Manifest error of assessment — Right to property
Language of the case: English
Case T-348/14 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Obligation to state reasons — Legal basis — Rights of the defence — Right to effective judicial protection — Misuse of power — Failure to comply with the listing criteria — Manifest error of assessment — Right to property
Language of the case: English
Cases T-353/14 and T-17/15 Italy v Commission
Rules on languages — Notices of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Language of the case: Italian
Case T-386/14 Fih Holding and Fih Erhvervsbank v Commission
State aid — Banking sector — Aid granted to Danish bank FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the Danish Financial Stability Company — State aid for banks during the crisis — Decision declaring the aid compatible with the internal market — Definition of aid — Private investor test — Private creditor test — Calculation of the amount of the aid — Obligation to state reasons
Language of the case: English
Case T-456/14 TAO-AFI and SFIE-PE v Parliament and Council
Remunerations and pensions of officials and other servants of the European Union — Annual adjustment — Regulations (EU) Nos 422/2014 and 423/2014 — Irregularities during the procedure for the adoption of the acts — Failure to consult trade unions
Language of the case: French
Case T-587/14 Crosfield Italia v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small-and medium-sized undertakings — Error in declaration relating to the size of the undertaking — Recommendation 2003/361/EC — Decision imposing an administrative charge — Obligation to state reasons
Language of the case: Italian
Case T-710/14 Herbert Smith Freehills v Council
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest
Language of the case: English
Case T-796/14 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings and legal advice — Exception relating to the protection of the decision-making process — Overriding public interest
Language of the case: English
Case T-667/15 Bagni Delfino di Paperini Stefano & C. v Commission
Action for annulment — Communication from a member of the Commission in answer to a parliamentary question — Act not open to review — Manifest inadmissibility
Language of the case: Italian
Case T-363/14 Secolux v Commission
Access to documents — Regulation (EC) No 1049/2001– Documents relating to a call for tenders for a public services contract — Refusal of access — Exception relating to the privacy and integrity of the individual — Exception relating to the protection of commercial interests — Exception relating to the protection of the decision-making process — Partial access — Overriding public interest — Obligation to state reasons
Language of the case: French
Case T-512/15 Sun Cali v EUIPO – Abercrombie & Fitch Europe (SUN CALI)
EU trade mark — Invalidity proceedings — EU figurative mark SUN CALI — Earlier national figurative mark CaLi co — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Representation before the Board of Appeal — Real and effective industrial or commercial establishment in the European Union — Legal persons with economic connections — Article 92(3) of Regulation No 207/2009
Language of the case: English
Case T-437/14 United Kingdom v Commission
EAGGF, Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Integrated administration and control system — Reductions and exclusions where the rules on cross-compliance are not observed — Flat-rate financial correction imposed by the Commission in accordance with internal guidelines — Burden of proof — Interpretation of Annex II to Regulation (EC) No 73/2009
Language of the case: English
Case T-476/15 European Food v EUIPO – Société des produits Nestlé (FITNESS)
EU trade mark — Invalidity proceedings — EU word mark FITNESS — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c), Article 52(1)(a) and Article 76 of Regulation (EC) No 207/2009 — Rule 37(b)(iv) and Rule 50(1) of Regulation (EC) No 2868/95 — Production of evidence for the first time before the Board of Appeal
Language of the case: English
Case T-600/15 PAN Europe and Others v Commission
Actions for annulment — Plant-protection products — Active substance sulfoxaflor — Inclusion in the Annex to Implementing Regulation (EU) No 540/2011 — Lack of direct concern — Inadmissibility
Language of the case: English
Case T-70/15 Trajektna luka Split v Commission
Competition — Abuse of dominant position — Decision finding an infringement of Article 102 TFEU — Setting of fees by the Split Port Authority for port services in respect of domestic traffic at maximum levels — Rejection of a complaint — Case being dealt with by a competition authority of a Member State — No EU interest
Language of the case: English
Information (on unpublished decisions)
Case T-204/14 Victor International v EUIPO – Ovejero Jiménez and Becerra Guibert (VICTOR)
EU Trade Mark — Opposition proceedings — Application for the EU word mark VICTOR — Earlier national figurative mark victoria — Relative ground for refusal — Genuine use of the earlier mark — Nature of use — Form differing in elements which do not alter the distinctive character — Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-4/15 Beiersdorf v EUIPO (Q10)
EU trade mark — Application for EU figurative mark Q10 — Refusal to register a disclaimer as to the scope of the protection — Article 37(2) of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009
Case T-460/13 Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition by subject-matter — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — 2006 Guidelines on the method of setting fines — Duration of the Commission’s investigation
Case T-467/13 Arrow Group and Arrow Generics v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — Duration of the Commission’s investigation — Rights of the defence — Single and continuous infringement
Case T-469/13 Generics (UK) v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Rights of defence — Fines
Case T-470/13 Merck v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Imputability of infringements — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Legal certainty — Reasonable time — Fines
Case T-471/13 Xellia Pharmaceuticals and Alpharma v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Duration of the Commission’s investigation — Rights of the defence — Fines — Legal certainty — Principle that penalties must have a proper legal basis
Case T-360/15 Dr Vita v EUIPO (69)
EU trade mark — Application for EU figurative mark 69 — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-709/14 Tri-Ocean Trading v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-719/14 Tri Ocean Energy v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-830/14 Farahat v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-557/15 P De Esteban Alonso v Commission
Appeal — Civil service — Article 24 of the Staff Regulations — Request for assistance — Criminal proceedings before a national court — Decision of the institution to become a civil party — Action at first instance dismissed as manifestly unfounded — Procedural irregularities — Conditions for the application of Article 24 of the Staff Regulations
Case T-695/13 ENAC v INEA
Financial aid — Projects of common interest in the field of trans-European transport and energy networks — Realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport — Determination of the final amount of the financial aid — Ineligible costs — Error of law — Obligation to state reasons
Case T-152/15 P Commission v Kakol
Appeal — Civil service — Officials — Open competition — Non-admission of a candidate — Non-recognition of a diploma — Admission to a previous competition — Conditions of similar competitions — Obligation to state reasons
Case T-390/15 Perfetti Van Melle Benelux v EUIPO – PepsiCo (3D)
EU trade mark — Opposition proceedings — Application for EU figurative mark 3D — Earlier EU word and figurative marks 3D’S and 3D’s — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No (EC) No 207/2009
Case T-410/15 P Pohjanmäki v Council
Appeal — Civil service — Officials — Promotion — 2013 promotion year — Respective roles of the Appointing Authority and the Joint Consultative Committee — Absence of staff reports — Failure on the part of the members of the JCC to consult the staff reports — Compatibility of the functions of the rapporteur in the JCC with those of the former rapporteur — Equal treatment — Obligation to state reasons
Case T-544/15 Terna v Commission
Action for annulment — Union list of projects of common interest — EU financial aid in two projects in the area of trans-European energy networks — Reduction of the financial aid initially granted following an audit — Preparatory measure — Measure not open to challenge — Inadmissibility
Case T-563/15 Paglieri Sell System v EUIPO (APOTEKE)
European Union trade mark — Application for figurative mark APOTEKE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-761/15 Sogepa v Commission
Action for annulment — State aid — Crystal-ware — Aid in the form of a loan — Decision declaring the aid incompatible with the internal market — Obligation to recover the aid granted to an insolvent undertaking — Disregard of formal requirements — Inadmissibility
Case T-57/15 Trajektna luka Split v Commission
State aid — Port services — Alleged aid to the public ferry operator of Jadrolinija — Setting of fees by the Croatian authorities for port services in the Port of Split in respect of domestic traffic at an allegedly lower level than that of the fees applied in other Croatian ports and those applied for international traffic — Private operator holding an allegedly exclusive concession for the operation of the passenger terminal at the Port of Split — Decision finding no State aid — Definition of aid — State resources
Case T-207/15 National Iranian Tanker Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality
Case T-479/15 Lotte v EUIPO – Kuchenmeister (KOALA LAND)
EU trade mark — Opposition proceedings — Application for EU word mark KOALA LAND — Prior national word mark KOALA — Rejection in part of the application for registration — Likelihood of confusion — Genuine use — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation No 207/2009
Case T-220/13 Scuola Elementare Maria Montessori v Commission
State aid — Municipal real estate tax — Exemption granted to non-commercial entities carrying out specific activities — Consolidated text on income tax — Exemption from one-off municipal tax — Decision partly finding the absence of State aid and party declaring the aid incompatible with the common market — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Absolute impossibility of recovery — Article 14(1) of Regulation (EC) No 659/1999 — Obligation to state reasons
Case T-17/14 U4U and Others v Parliament and Council
Special and exceptional provisions applicable to officials serving in a third country — Career of officials with the grade of administrator — Amendment of the Staff Regulations of Officials of the European Union — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for adopting the measures — Failure to consult the Staff Regulations Committee and the trade unions
Case T-80/14 PT Musim Mas v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive collection of provisional anti-dumping duties — Definitive anti-dumping duties — Rights of the defence — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Cases T-112/14 to T-116/14 and T-119/14 Molinos Río de la Plata and Others v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Trade association — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Case T-117/14 Cargill v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Case T-118/14 LDC Argentina v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Case T-121/14 PT Pelita Agung Agrindustri v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Case T-139/14 PT Wilmar Bioenergi Indonesia and PT Wilmar Nabati Indonesia v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duties — Article 2(3) and (5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Case T-481/14 European Dynamics Luxembourg and Evropaïki Dynamiki v EIT
Public service contracts — Tender procedure — Supply of services for the development of a knowledge and information management platform — Software development services and maintenance of availability and efficiency of computer services — Refusal to rank the applicants in first place — Selection criteria — Award criteria — Obligation to state reasons — Manifest errors of assessment — Access to documents — Non-contractual liability
Case T-698/14 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Public procurement procedure — External service provision for development, studies and support for information systems (ESP DESIS III) — Ranking of a tenderer in the cascade procedure — Obligation to state reasons — Abnormally low bids — Principle of free competition — Non-contractual liability
Case T-755/14 Herbert Smith Freehills v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest
Case T-800/14 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest
Case T-18/15 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest
Case T-91/15 AEDEC v Commission
Technological research and development — ‘Horizon 2020’ framework programme for research and innovation — Calls for proposals in respect of work programmes 2014-2015 — Commission decision declaring the proposal submitted by the applicant ineligible — Obligation to state reasons — Rights of the defence — Proportionality — Openness — Manifest error of assessment
Case T-358/15 Arrom Conseil v EUIPO – Puig France (Roméo has a Gun by Romano Ricci)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T-359/15 Arrom Conseil v EUIPO – Nina Ricci (Roméo has a Gun by Romano Ricci)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T-453/15 Trinity Haircare v EUIPO – Advance Magazine Publishers (VOGUE)
EU trade mark — Invalidity proceedings — EU figurative trade mark VOGUE — Absolute ground for refusal — No descriptive character — Distinctiveness — Article 52(1)(a), read in conjunction with Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
Case T-633/15 JT International v EUIPO – Habanos (PUSH)
EU trade mark — Opposition proceedings — Application for the EU word mark PUSH — Earlier Benelux and national word and figurative marks PUNCH — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-51/15 PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents relating to endocrine-disrupting chemicals — Partial refusal of access — Exception relating to the decision-making process — Article 4(3) of Regulation No 1049/2001
Case T-485/15 Alsharghawi v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence –Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure
Case T-565/15 Excalibur City v EUIPO – Ferrero (MERLIN'S KINDERWELT)
EU trade mark — Opposition proceedings — Application for the EU word mark MERLIN’S KINDERWELT — Earlier national word mark KINDER — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-566/15 Excalibur City v EUIPO – Ferrero (MERLIN'S KINDERWELT)
EU trade mark — Opposition proceedings — Application for registration of an EU figurative mark MERLIN’S KINDERWELT — Earlier national word mark KINDER — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-435/14 Tose'e Ta'avon Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Conferral of an implementing power on the Council — Criterion directed at the entities providing support to the Iranian Government — Error of law — Error of fact — Obligation to state reasons — Proportionality — Fundamental rights
Case T-632/14 Intercon v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Commission decision to require repayment of the sums paid to the applicant — Contractual nature of the dispute — Article 44(1)(c) and Article 44(5a) of the Rules of Procedure of the General Court of 2 May 1991 — Admissibility — Scope of the audit — Documents and observations made after expiry of the prescribed periods
Case T-206/15 Intercon v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement relating to the project ‘Virtual Pathological Heart of the Virtual Physiological Human’ — Commission decision to require repayment of a part of the sums paid — Inadmissibility — Article 44(1)(c) of the Rules of Procedure of the General Court of 2 May 1991 — Documents and observations made after expiry of the prescribed periods
Case T-228/15 Grupo de originación y análisis v EUIPO – Bankinter (BK PARTNERS)
EU trade mark — Opposition proceedings — Application for EU figurative mark BK PARTNERS — Earlier national word and figurative mark bk. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-237/15 Łabowicz v EUIPO – Pure Fishing (NANO)
EU trade mark — Invalidity proceedings — EU figurative mark NANO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Case T-684/15 P Weissenfels v Parliament
Appeal — Civil service — Officials — Non-contractual liability — Impartiality on the part of the Civil Service Tribunal — Personal data
Case T-750/15 Mitteldeutsche Braunkohlengesellschaft and Others v Commission
Actions for annulment — State aid — Renewable energy — Aid granted by certain provisions of the amended German Law concerning renewable energy sources (EEG 2014) — Aid supporting electricity from renewable sources and reduced EEG surcharge for energy-intensive users — Decision declaring the aid compatible with the internal market — Action for annulment — No interest in bringing proceedings — Inadmissibility
Case T-382/15 Greenpeace Energy and Others v Commission
Action for annulment — State aid — Nuclear energy — Aid in support of Hinkley Point C nuclear power station — Contract for difference, agreement of the Secretary of State and credit guarantee — Decision declaring the aid to be compatible with the internal market — No significant effect on a competitive position — No individual concern — Inadmissibility
Case T-449/15 Satkirit Holdings v EUIPO – Advanced Mailing Solutions (luvo)
EU trade mark — Opposition proceedings — Application for the EU word mark luvo — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-450/15 Satkirit Holdings v EUIPO – Advanced Mailing Solutions (luvoworld)
EU trade mark — Opposition proceedings — Application for the EU word mark luvoworld — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-309/10 RENV Klein v Commission
Non-contractual liability — Directive 93/42/EEC — Harmonised system for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices — Article 8 — Notification of a decision prohibiting placing on the market — No position adopted by the Commission — Article 18 — Wrongful CE marking — Harm — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link
Joined Cases T-129/15 and T-130/15 Intesa Sanpaolo v EUIPO (WAVE 2 PAY and WAVE TO PAY)
EU trade mark — Application for EU word marks WAVE 2 PAY and WAVE TO PAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-362/15 Lacamanda Group v EUIPO – Woolley (HENLEY)
EU trade mark — Invalidity proceedings — EU word mark HENLEY — Earlier United Kingdom and EU word marks HENLEYS — Article 8(5) of Regulation (EC) No 207/2009 — Taking unfair advantage of the distinctive character or the repute of the earlier mark
Case T-400/15 Pinto Eliseu Baptista Lopes Canhoto v EUIPO – University College London (CITRUS SATURDAY)
EU trade mark — Opposition proceedings — Application for EU word mark CITRUS SATURDAY — Earlier national word mark CITRUS — Late submission of documents — Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 — Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95
Case T-539/15 LLR-G5 v EUIPO – Glycan Finance (SILICIUM ORGANIQUE G5 LLR-G5)
EU trade mark — Opposition proceedings — Application for figurative EU trade mark SILICIUM ORGANIQUE G5 LLR-G5 — Earlier international word marks Silicium Organique G5- Glycan 5-Si-Glycan-5-Si-G5 and Silicium Organique G5 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-574/15 Kozmetika Afrodita v EUIPO – Núñez Martín and Machado Montesinos (KOZMeTIKA AFRODITA)
EU trade mark — Opposition proceedings — Application for EU figurative mark KOZMeTIKA AFRODITA — Earlier national word mark EXOTIC AFRODITA MYSTIC MUSK OIL and earlier national figurative mark AFRODITA MYSTIC MUSK OIL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-575/15 Kozmetika Afrodita v EUIPO – Núñez Martín and Machado Montesinos (AFRODITA COSMETICS)
EU trade mark — Opposition proceedings — Application for EU figurative mark AFRODITA COSMETICS — Earlier national word mark EXOTIC AFRODITA MYSTIC MUSK OIL and earlier national figurative mark AFRODITA MYSTIC MUSK OIL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-593/15 The Art Company B & S v EUIPO – G-Star Raw (THE ART OF RAW)
EU trade mark — Opposition proceedings — Application for EU word mark THE ART OF RAW — Earlier national and EU figurative marks art and earlier EU figurative mark The Art Company — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-335/15 Universal Protein Supplements v EUIPO (Representation of a body-builder)
EU trade mark — Application for registration of an EU figurative mark representing a body-builder — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-337/15 Bach Flower Remedies v EUIPO – Durapharma (RESCUE)
EU trade mark — Invalidity proceedings — EU word mark RESCUE — Absolute ground for refusal — Descriptive character — No distinctive character acquired through use — Article 7(1)(c) and (3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009
Case T-355/15 Alpex Pharma v EUIPO – Astex Pharmaceuticals (ASTEX)
EU trade mark — Opposition proceedings — Application for EU word mark ASTEX — Earlier EU word mark ALPEX — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T-430/15 Flowil International Lighting v EUIPO – Lorimod Prod Com (Silvania Food)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Silvania Food — Earlier EU word marks SYLVANIA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
October 2016
Case T-456/15 Foodcare v EUIPO – Michalczewski (T.G.R. ENERGY DRINK)
EU trade mark — Invalidity proceedings — EU word mark T.G.R. ENERGY DRINK — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
Case T-418/14 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Amendment of pleadings — Admissibility — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Adjustment of the effects in time of an annulment
Language of the case: English
Case T-56/15 Raimund Schmitt Verpachtungsgesellschaft v EUIPO (Brauwelt)
EU trade mark — Application for European Union word mark BRAUWELT — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: German
Case T-153/15 Hamcho and Hamcho International v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Annulment of previous acts by judgment of the General Court — New acts including the applicants’ names in the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Language of the case: French
Case T-787/14 P ECB v Cerafogli
Appeal — Civil service — ECB Staff — Access to documents — Documents relating to the dispute between the parties in the proceedings — Partial refusal of access — Rule of correspondence between the application and the complaint — Plea of illegality
Language of the case: English
Information (on unpublished decisions)
Case T-549/14 Lidl Stiftung v EUIPO – Horno del Espinar (Castello)
EU trade mark — Opposition proceedings — Application for the EU word mark Castello — Earlier national and EU figurative marks Castelló — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-724/14 European Children's Fashion Association and Instituto de Economía Pública v EACEA
Arbitration clause — Grant agreement concluded under the action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project — Action for annulment — Act not subject to appeal — Act forming part of a purely contractual agreement from which it is indissociable — Inadmissibility — Ineligible expenditure — Reimbursement of the sums paid — Audit report
Case T-370/15 P CJ v ECDC
Case T‑370/15 PAppeal — Civil service — Member of the contract staff — Fixed-term contract — Termination — Breakdown in the relationship of trust — Right to be heard
Case T-395/15 P ECDC v CJ
Case T‑395/15 PAppeal — Civil service — Member of the contract staff — Fixed-term contract — Termination — Breakdown in the relationship of trust — Right to be heard
Case T-167/14 Søndagsavisen v Commission
State Aid — Aid scheme to support production and innovation aid for written media — Decision not to raise objections — Decision declaring the aid scheme compatible with the internal market — Procedural rights of the interested parties — No serious difficulties — Obligation to state reasons
Case T-350/15 Perry Ellis International Group v EUIPO – CG (p)
EU trade mark — Opposition proceedings — Application for EU figurative mark likely to be perceived as the letter ‘p’ — Earlier EU and national figurative marks P PROTECTIVE and P — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-461/15 Guccio Gucci v EUIPO – Guess? IP Holder (Representation of four interlocking Gs)
EU trade mark — Invalidity proceedings — EU figurative mark representing four interlocking Gs — Earlier EU, national and international figurative marks G — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-564/15 Spliethoff's Bevrachtingskantoor v Commission
Actions for annulment — Financial assistance in the field of Connecting Europe Facility — Act not open to challenge — Preparatory act — Inadmissibility
Case T-753/15 Guccio Gucci v EUIPO – Guess? IP Holder (Representation of four interlocking Gs)
EU trade mark — Opposition proceedings — International registration designating the European Union — Application for an EU figurative mark representing four interlocking Gs — Earlier EU and international figurative marks G — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-543/15 Lysoform Dr. Hans Rosemann and Others v ECHA
Actions for annulment — Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 — No direct concern — Inadmissibility
Case T-669/15 Lysoform Dr. Hans Rosemann and Others v ECHA
Actions for annulment — Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 — No direct concern — Inadmissibility
Case T-671/15 E-Control v ACER
Action for annulment — Energy — Regulation (EC) No 713/2009 — Regulation (EC) No 714/2009 — Opinion of ACER — National regulatory authorities’ decisions approving the methods of allocation of cross-border electricity transmission capacity — Central-East Europe region — Compatibility — Act not open to challenge — Inadmissibility
Case T-41/16 Cyprus Turkish Chamber of Industry and Others v Commission
Actions for annulment — Application for registration of a protected designation of origin ‘Halloumi’ or ‘Hellim’ — Commission letters concerning the applicants’ involvement in the opposition proceedings relating to the registration procedure — Measure not open to challenge — Inadmissibility
Case T-620/15 Orthema Service v EUIPO (Gehen wie auf Wolken)
EU trade mark — Application for EU word mark Gehen wie auf Wolken — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-351/13 Crown Equipment (Suzhou) and Crown Gabelstapler v Council
Dumping — Importation of hand pallet trucks and their essential parts originating in China — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Determination of normal value — Article 2(7)(a) of Regulation (EC) No 1225/2009 — ‘Lesser duty’ rule — Article 9(4) of Regulation No 1225/2009 — Obligation to state reasons
Case T-367/14 August Storck v EUIPO – Chiquita Brands (Fruitfuls)
EU trade mark — Revocation proceedings — EU word mark Fruitfuls — Genuine use — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009
Case T-824/14 Eveready Battery Company v EUIPO – Hussain (POWER EDGE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark POWER EDGE — Earlier EU word mark EDGE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and 42(2) of Regulation No 207/2009
Case T-776/15 Meissen Keramik v EUIPO (MEISSEN KERAMIK)
EU trade mark — Application for EU figurative mark MEISSEN KERAMIK — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-109/16 Laboratoire de la mer v EUIPO – Boehringer Ingelheim Pharma (RESPIMER)
EU trade mark — Opposition proceedings — Application for EU word mark RESPIMER — Earlier EU word mark RESPIMAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-672/14 August Wolff and Remedia v Commission
Medicinal products for human use — Article 31 of Directive 2001/83/EC — Article 116 of Directive 2001/83 — Active substance estradiol — Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products with 0.01% estradiol by weight for topical use — Burden of proof — Proportionality — Equal treatment
Case T-14/15 Lufthansa AirPlus Servicekarten v EUIPO – Mareea Comtur (airpass.ro)
EU trade mark — Opposition proceedings — Application for EU figurative mark airpass.ro — Earlier EU word mark AirPlus International — Opposition dismissed — Rule 21 of Regulation (EC) No 2865/95 — No need to adjudicate — Article 81(4) of Regulation (EC) No 207/2009
Case T-141/15 Czech Republic v Commission
EAGF and EAFRD — Expenditure excluded from financing — Protection of vineyards — Expenditure incurred by the Czech Republic — Legal certainty — Legitimate expectations
Case T-407/15 Monster Energy v EUIPO – Hot-Can Intellectual Property (HotoGo self-heating can technology)
EU trade mark — Opposition proceedings — Application for an EU figurative mark HotoGo self-heating can technology — Earlier EU figurative marks representing claws — Relative grounds for refusal — No similarity of the signs — No likelihood of confusion — No connection between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-693/15 Clover Canyon v EUIPO – Kaipa Sportswear (CLOVER CANYON)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T-140/16 Le Pen v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-154/15 Jaber v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Annulment of prior measures by a judgment of the General Court — New measures including the applicant's name on the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Case T-155/15 Kaddour v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Annulment of prior measures by a judgment of the General Court — New measures including the applicant’s name on the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Case T-611/15 Edeka-Handelsgesellschaft Hessenring v Commission
Action for annulment and for failure to act — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for applying Article 101 TFEU and Article 53 of the EEA Agreement — Refusal to grant access — New request — Application for annulment — No confirmatory act — Admissibility — Claim for failure to act — Inadmissibility
Case T-515/12 RENV El Corte Inglés v EUIPO - English Cut (The English Cut)
EU trade mark — Opposition proceedings — Application for EU word mark The English Cut — Earlier EU figurative and national word marks El Corte Inglés — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation
Case T-309/15 P CW v Parliament
Appeal — Civil service — Officials — Psychological harassment — Duty of the administration to provide assistance — Article 24 of the Staff Regulations — Request for assistance — Provisional distancing measures — Duty to have regard for the welfare of staff — Responsibility — Claim for damages — Decision rejecting the administrative complaint — Distortion of the evidence — Error of law
Case T-493/15 P Commission v CX
Appeal — Civil Service — Officials — Disciplinary procedure — Disciplinary sanction — Removal from post — Right to be heard — Article 22 of Annex IX to the Staff Regulations — Errors of law — Distortion of the evidence — Incomplete examination of the facts and evidence
Case T-625/15 Spa Monopole v EUIPO – YTL Hotels & Properties (SPA VILLAGE)
European Union trade mark — Opposition proceedings — Application for the European Union word mark SPA VILLAGE — Earlier Benelux word mark SPA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-29/16 Caffè Nero Group v EUIPO (CAFFÈ NERO)
EU trade mark — Application for the EU word mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009
Case T-37/16 Caffè Nero Group v EUIPO (CAFFÈ NERO)
EU trade mark — Application for the EU figurative mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009
Case T-116/16 Port autonome du Centre et de l'Ouest and Others v Commission
Action for annulment — State aid — Corporate tax — Aid in favour of Belgian ports granted by Belgium — Commission letter proposing the adoption of appropriate measures — Measure not open to challenge — Inadmissibility
Case T-123/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN-čerpací stanice)
EU trade mark — Opposition proceedings — Application for the EU word mark UNICORN-čerpací stanice — Earlier national word and figurative marks UNICORN — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-124/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-125/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-201/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Invalidity proceedings — EU word mark UNICORN — Earlier national word and figurative marks UNICORN — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Reputation
Case T-7/16 La tarte tropézienne v EUIPO (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)
European Union trade mark — International registration designating the European Union — Figurative mark LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
November 2016
Case T-579/14 Birkenstock Sales v EUIPO (Representation of a pattern of wavy, crisscrossing lines)
EU trade mark — International registration designating the European Union — Figurative mark representing a pattern of wavy, crisscrossing lines — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Surface pattern — Application of a pattern on the packaging of a product
Language of the case: German
Case T-602/15 Jenkinson v Council and Others
Arbitration clause — Staff of EU international missions — Consecutive fixed-term contracts — Compensation claim — Manifest lack of jurisdiction — Manifest inadmissibility
Language of the case: French
Case T-746/15 Biofa v Commission
Action for annulment — Plant protection products — Implementing Regulation (EU) 2015/2069 — Approval of the basic substance sodium hydrogen carbonate — Lack of direct concern — Inadmissibility
Language of the case: German
Case T-720/14 Rotenberg v Council
Common foreign and security policy — Restrictive measures having regard to actions compromising or threatening Ukraine — Freezing of funds — Restrictions on admission to territory of the Member States — Natural person actively supporting of implementing actions compromising of threatening Ukraine — Physical person benefiting from the Russian decision-makers responsible for the annexation of Crimea — Rights of defence — Obligation to state reasons — Manifest errors of assessment — Right to property — Freedom to conduct a business — Right to respect for private life — Proportionality
Language of the case: English
Information (on unpublished decisions)
Joined Cases T-268/15 and T-272/15 Apcoa Parking Holdings v EUIPO (PARKWAY)
European Union trade mark — Applications for European Union figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-579/15 For Tune v EUIPO – Gastwerk Hotel Hamburg (fortune)
EU trade mark — Opposition proceedings — Application for the EU figurative mark fortune — Earlier German word mark FORTUNE-HOTELS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-184/15 Trivisio Prototyping v Commission
Funding — Sixth framework programme for research, technological development and demonstration activities — Contracts concerning the projects ULTRA, CINeSPACE and IMPROVE — Partial reclassification of the action — Enforceable decision — Article 299 TFEU — Arbitration clause — Eligible costs — Recovery of sums paid
Case T-290/15 Smarter Travel Media v EUIPO (SMARTER TRAVEL)
EU trade mark — Application for the figurative EU trade mark SMARTER TRAVEL — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment
Case T-716/15 Gallardo Blanco v EUIPO – Expasa Agricultura y Ganadería (Representation of a branding iron (shape of an H-shaped horse bit))
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of the representation of a branding iron (shape of an H-shaped horse bit) — Earlier EU and Spanish figurative marks — Relative grounds for refusal — Genuine use of the earlier marks — Article 42(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-67/15 Polo Club v EUIPO – Lifestyle Equities (POLO CLUB SAINT-TROPEZ HARAS DE GASSIN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark POLO CLUB SAINT-TROPEZ HARAS DE GASSIN — Earlier EU figurative marks BEVERLY HILLS POLO CLUB — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Production of additional evidence — Discretion conferred by Article 76(2) of Regulation No 207/2009 — Remittal of the case in part to the Opposition Division — Article 64(1) and (2) of Regulation No 207/2009
Case T-281/16 R Solelec and Others v Parliament
Interim measures — Public works contracts — Tendering procedure — Electrical work (high-voltage current) as part of the project for the extension and refurbishment of the Parliament’s Konrad Adenauer building in Luxembourg — Rejection of the bid submitted by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation of a measure — Lack of urgency
Case T-315/15 Vince v EUIPO (ELECTRIC HIGHWAY)
EU trade mark — Application for the EU word mark ELECTRIC HIGHWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-157/16 P Fedtke v EESC
Appeal — Civil Service — Officials — Purely confirmatory act — New substantive facts — Burden of proof
Joined Cases T-694/13 and T-2/15 Ipatau v Council
Common Foreign and Security Policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through European Union territory — Retention of the applicant’s name on the list of persons concerned — Rights of the defence — Obligation to state reasons — Error of assessment — Proportionality
Case T-328/15 P Alsteens v Commission
Appeal — Civil Service — Temporary staff — Renewal of contract — Restriction of the duration of the contract renewal — Rights of the defence
Case T-250/15 Speciality Drinks v EUIPO – William Grant (CLAN)
EU trade mark — Opposition proceedings — Application for EU word mark CLAN — Earlier EU word mark CLAN MACGREGOR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the goods covered by the signs at issue — Relevant public — Interdependence of the criteria — Power to alter — Article 65(3) of Regulation No 207/2009
Case T-349/15 CG v EUIPO – Perry Ellis International Group (P PRO PLAYER)
EU trade mark — Opposition proceedings — Application for EU figurative mark P PRO PLAYER — Earlier EU and national figurative marks P and P PROTECTIVE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-578/15 Azur Space Solar Power v EUIPO (Represention of white lines and bricks on a black background)
EU trade mark — International registration designating the European Union — Figurative mark representing white lines and bricks on a black background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-614/15 Azur Space Solar Power v EUIPO (Represention of black lines and bricks)
EU trade mark — International registration designating the European Union — Figurative mark representing black lines and bricks — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-769/15 SeNaPro v EUIPO – Paltentaler Splitt & Marmorwerke (Dolokorn)
EU trade mark — Opposition proceedings — Application for EU word mark Dolokorn — Earlier EU word mark DOLOPUR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-598/15 Stichting Accolade v Commission
State aid — Sale of land at prices allegedly below market price — Complaint made by a third party to the Commission — Decision declaring that the contested measure does not constitute aid — Procedure governing the preliminary examination stage under Article 108(2) TFEU and under Article 10(1), Article 13(1) and Article 4(2) of Regulation (EC) No 659/1999 concerning allegedly unlawful individual aid — Action for annulment brought by a third party — Admissibility — Locus standi — Action designed to safeguard procedural rights — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility
Case T-128/16 SureID v EUIPO (SUREID)
EU trade mark — Application for the EU word mark SUREID — Absolute ground for refusal — Lack of descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Descriptive character — Action manifestly lacking any foundation in law
Case T-225/16 Matratzen Concord v EUIPO (Ganz schön ausgeschlafen)
EU trade mark — Application for EU word mark Ganz schön ausgeschlafen — Mark consisting of an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
Case T-279/11 T & L Sugars and Sidul Açúcares v Commission
Non-contractual liability — Agriculture — Sugar — Exceptional measures — Availability of supply on the EU market — 2010/11 marketing year — Rule of law intended to confer rights on individuals — Sufficiently serious infringement — Regulation (EC) No 1234/2007 — Principle of non-discrimination — Proportionality — Legitimate expectations — Duty of diligence and the principle of sound administration
Case T-103/12 T & L Sugars and Sidul Açúcares v Commission
Non-contractual liability — Agriculture — Sugar — Exceptional measures — Availability of supply on the EU market — 2011/12 marketing year — Rule of law intended to confer rights on individuals — Sufficiently serious infringement — Regulation (EC) No 1234/2007 — Principle of non-discrimination — Proportionality — Legal certainty — Legitimate expectations — Duty of diligence and the principle of sound administration
Case T-270/15 ANKO v REA
Arbitration clause — Subsidy agreement entered into in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ESS project — Conformity with the contractual provisions of the suspension of payments to the applicant and of the conditions for lifting that suspension of payments — Default interest
Case T-545/15 Pi-Design v EUIPO – Société des produits Nestlé (PRESSO)
EU trade mark — Opposition proceedings — International registration — Application for territorial extension of the protection — Word mark PRESSO — Earlier national word mark PRESSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-617/15 Chic Investments v EUIPO (eSMOKING WORLD)
EU trade mark — Application for EU figurative mark eSMOKING WORLD — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-65/14 Bank Refah Kargaran v Council
Common Foreign and Security Policy — Restrictive measures against Iran — Freezing of funds — Further listing of the applicant after annulment of the initial listing by the General Court — Error in law — Error in fact — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality
Case T-89/14 Export Development Bank of Iran v Council
Common Foreign and Security Policy — Restrictive measures against Iran — Freezing of funds — Further listing of the applicant after annulment of the initial listing by the General Court — Error in law — Error in fact — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality — Equal treatment
Case T-217/15 Fiesta Hotels & Resorts v EUIPO – Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA)
EU trade mark — Invalidity proceedings — EU figurative mark PALLADIUM PALACE IBIZA RESORT & SPA — Earlier national trade name GRAND HOTEL PALLADIUM — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Case T-458/15 Automobile Club di Brescia v EUIPO – Rebel Media (e-miglia)
EU trade mark — Opposition proceedings — Application for EU figurative mark e-miglia — Earlier EU word marks MILLE MIGLIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-2/16 K&K Group v EUIPO – Pret a Manger (Europe) (Pret A Diner)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pret A Diner — Earlier EU figurative mark PRET A MANGER — Earlier national word mark PRET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctiveness or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
December 2016
Case T-248/13 Al-Ghabra v Commission
Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of the funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of that person’s name on the list in Annex I to Regulation No 881/2002 — Action for annulment — Reasonable time — Obligation to verify and justify the merits of the grounds relied on — Judicial review
Language of the case: English
Case T-713/14 IPSO v ECB
ECB — Staff of the ECB — Temporary agency staff — Limit on the maximum length of service of the same agency worker — Action for annulment — Challengeable act — Direct and individual effect — Interest in bringing proceedings — Period allowed for commencing proceedings — Admissibility — Failure to inform and consult the applicant trade union — Non-contractual liability
Language of the case: French
Case T-95/15 Printeos and Others v Commission
Competition — Agreements, decisions and concerted practices — European stock/catalogue and special printed envelopes market — Decision establishing an infringement of Article 101 TFEU — Coordination of sales prices and allocation of customers — Settlement procedure — Fines — Basic amount — Exceptional adjustment — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons — Equal treatment
Language of the case: Spanish
Case T-24/16 Sovena Portugal - Consumer Goods v EUIPO – Mueloliva (FONTOLIVA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark FONTOLIVA — Earlier national word mark FUENOLIVA — Relative ground for refusal — Validity of the registration of the earlier mark — Submission of new facts and evidence before the General Court — Genuine use of the earlier mark — Power to alter — Article 8(1)(b), Article 42(2) and (3) and Articles 65 and 76 of Regulation (EC) No 207/2009
Language of the case: English
Case T-169/08 RENV DEI v Commission
Competition — Abuse of dominant position — Greek markets for the supply of lignite and of wholesale electricity — Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC — Granting or maintaining in favour of a public undertaking of rights to exploit public deposits of lignite — Definition of the relevant markets — Existence of inequality of opportunity — Obligation to state reasons — Legitimate expectations — Misuse of powers — Proportionality
Language of the case: Greek
Case T-466/14 Spain v Commission
Customs union — Importation of tuna products from El Salvador — Post-clearance recovery of import duties — Application for non-recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Right to sound administration under Article 872a of Regulation (EEC) No 2454/93 — Error of the competent authorities not reasonably capable of being detected
Language of the case: Spanish
Case T-548/14 Spain v Commission
Customs union — Imports of tuna products originating in Ecuador — Post-clearance recovery of import duties — Request for waiver of recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Notice to importers published in the Official Journal — Good faith — Application for the remission of import duties — Article 239 of Regulation (EEC) No 2913/92
Language of the case: Spanish
Case T-529/15 Intesa Sanpaolo v EUIPO (START UP INITIATIVE)
EU trade mark — Application for EU figurative mark START UP INITIATIVE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: Italian
Information (on unpublished decisions)
Case T-532/15 P Z v Court of Justice of the European Union
Appeal — Civil service — Officials — Staff report — Impartiality of the Civil Service Tribunal — Application for recusal of the members of the formation of the Tribunal which delivered judgment — Rights of defence — Right to effective judicial protection
Case T-561/15 Universidad Internacional de la Rioja v EUIPO – Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR)
EU trade mark — Opposition proceedings — Application for EU figurative mark UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR — Earlier EU word mark UNIRIOJA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-775/15 EK/servicegroup v EUIPO (FERLI)
EU trade mark — Application for the EU word mark FERLI — Requirement of clarity — Article 28 of Regulation (EC) No 207/2009 — Rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T-635/15 Tuum v EUIPO – Thun (TUUM)
EU trade mark — Application for EU figurative mark TUUM — Earlier national figurative mark THUN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-703/15 Groupe Go Sport v EUIPO – Design Go (GO SPORT)
EU trade mark — Opposition proceedings — Application for an EU word mark GO SPORT — Earlier national word marks GO — Partial refusal of registration by the Opposition Division — Late filing of the statement of grounds of appeal — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 — Rule 49(1) of Regulation (EC) No 2868/95
Case T-735/15 The Art Company B & S v EUIPO – Manifatture Daddato and Laurora (SHOP ART)
EU trade mark — Opposition proceedings — Application for an EU figurative mark SHOP ART — Earlier EU figurative mark art — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-764/14 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Call for tender procedure — Technical assistance, development and implementation of a computerised system for the ASEAN customs transit system (ACTS) — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Selection criteria — Award criteria — Obligation to state reasons — Manifest error of assessment — Equal treatment — Openness
Case T-548/15 Guiral Broto v EUIPO – Gastro & Soul (Café del Sol)
EU trade mark — Opposition proceedings — Application for the EU word mark Café del Sol — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence
Case T-549/15 Guiral Broto v EUIPO – Gastro & Soul (CAFE DEL SOL)
EU trade mark — Opposition proceedings — Application for the EU figurative mark CAFE DEL SOL — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence
Case T-744/15 Puro Italian Style v EUIPO (smartline)
EU trade mark — Application for EU figurative mark smartline — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-58/16 Apax Partners v EUIPO – Apax Partners Midmarket (APAX)
EU trade mark — Opposition proceedings — Application for the EU word mark APAX — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-366/15 P Todorova Androva v Council
Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts
Case T-397/15 PAL-Bullermann v EUIPO – Symaga (PAL)
EU trade mark — Revocation proceedings — EU figurative mark PAL — Partial revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing from the registered mark — Rule 22(3) and (4) of Regulation (EC) No 2868/95
Case T-745/15 Scorpio Poland v EUIPO – Eckes-Granini Group (YO!)
European Union trade mark — Opposition proceedings — Application for EU figurative mark YO! — Prior national work mark YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-154/16 Grid applications v EUIPO (APlan)
European Union trade mark — Application for EU word mark APlan — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-199/04 RENV Gul Ahmed Textile Mills v Council
Dumping — Imports of cotton-type bed linen originating in Pakistan — Interest in bringing proceedings — Initiation of the investigation — Constructed normal value — Manifest error of assessment — Rights of the defence — Obligation to state reasons — Right to be heard at a hearing — Comparison between the normal value and the export price — Drawback of import duties — Adjustment — Injury — Causal link — WTO law
Case T-421/09 RENV DEI v Commission
Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC — Article 86(3) EC — Obligation to state reasons — Proportionality — Freedom of contract
Case T-112/13 Mondelez UK Holdings & Services v EUIPO – Société des produits Nestlé (Shape of a chocolate bar)
EU trade mark — Invalidity proceedings — Three-dimensional mark — Shape of a chocolate bar — Absolute ground for refusal — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Case T-177/13 TestBioTech and Others v Commission
Environment — Genetically modified products — Genetically modified soybean MON 87701 x MON 89788 — Request for internal review of the decision on marketing authorisation dismissed as unfounded — Obligation to state reasons — Manifest error of assessment
Case T-758/14 Infineon Technologies v Commission
Competition — Agreements, decisions and concerted practices — Smart card chips — Decision finding an infringement of Article 101 TFEU — Exchanges of commercially sensitive information — Rights of defence — Infringement by object — Proof — Limitation period — Single and continuous infringement — 2006 Guidelines on the method of setting fines — Value of sales
Case T-762/14 Philips and Philips France v Commission
Competition — Agreements, decisions and concerted practices — Smart card chips — Decision finding an infringement of Article 101 TFEU — Exchange of commercially sensitive information — Infringement by object — Single and continuous infringement — Principle of sound administration — Duty of care — Proof — 2006 Leniency Notice — Settlement Notice — Limitation period — 2006 Guidelines on the method of setting fines — Value of sales
Case T-808/14 Spain v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha — Decision declaring the aid incompatible with the internal market — Concept of ‘undertaking’ — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — Duty of diligence — Reasonable period — Legal certainty — Equal treatment — Proportionality — Subsidiarity — Right to information
Joined Cases T-37/15 and T-38/15 Abertis Telecom Terrestre and Telecom Castilla-La Mancha v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha — Decision declaring the aid incompatible with the internal market — Concept of an undertaking — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — New aid
Case T-212/15 Aldi v EUIPO – Miquel Alimentació Grup (Gourmet)
EU trade mark — Opposition proceedings — Application for EU figurative mark Gourmet — Earlier national word and figurative marks GOURMET and Gourmet — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-227/15 Redpur v EUIPO – Redwell Manufaktur (Redpur)
EU trade mark — Opposition proceedings — Application for EU word mark Redpur — Earlier EU figurative mark redwell INFRAROT HEIZUNGEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-330/15 Keil v EUIPO – NaturaFit Diätetische Lebensmittelproduktion (BasenCitrate)
EU trade mark — Invalidity proceedings — EU word mark BasenCitrate — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-391/15 Aldi v EUIPO – Cantina Tollo (ALDIANO)
EU trade mark — Opposition proceedings — Application for EU word mark ALDIANO — Earlier EU word mark ALDI — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95
Joined Cases T-678/15 and T-679/15 Novartis v EUIPO (Representation of a grey curve and represention of a green curve)
EU trade mark — Applications for EU figurative trade marks representing a grey curve and representing a green curve — Absolute ground for refusal — Distinctive character — Simplicity of the sign — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-826/16 R Casasnovas Bernad v Commission
Application for interim measures — Civil service — Contract staff — Termination of a contract of indefinite duration — Application for suspension of operation — No urgency
January 2017
Case T-577/14 Gascogne Sack Deutschland and Gascogne v European Union
Non-contractual liability — Precision of the application — Limitation of actions — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Material damage — Losses incurred — Interest on the amount of the outstanding fine — Bank guarantee charges — Loss of opportunity — Non-material damage — Causal link
Language of the case: French
Case T-242/15 ACDA and Others v Commission
Action for annulment — State aid — Extension of concession contracts — Motorway investment plan in France — Decision not to raise any objections — Association — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: French
Case T-88/09 DEP Idromacchine and Others v Commission
Procedure — Taxation of costs
Language of the case: Italian
Case T-189/14 Deza v ECHA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use di-(2-ethylhexyl)phthalate (DEHP) — Decision to disclose certain information considered confidential by the applicant — Exception relating to the protection of commercial interests — Concept of private life — Right to property — Obligation to state reasons
Language of the case: Czech
Case T-512/09 RENV Rusal Armenal v Council
Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China — Definitive antidumping duty — Market Economy Treatment — Article 2(7)(b) and (c) second indent of Regulation (EC) No 384/96 — Cumulative assessment of imports subject to antidumping investigations — Article 3(4)(a) and (b) of Regulation No 384/96 — Undertaking offer — Article 8(3) of Regulation No 384/96
Language of the case: English
Case T-181/14 DEP Nürburgring v EUIPO - Biedermann (Nordschleife)
Procedure — Taxation of costs
Language of the case: German
Case T-474/15 GGP Italy 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 lawn mower — Requirements concerning protective devices — Successive versions of a harmonised standard — Legal certainty — Commission Decision declaring the measure justified — Error of law
Language of the case: Italian
Information (on unpublished decisions)
Case T-699/14 Topps Europe v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Grant of licences in respect of intellectual-property rights for football-related collectibles — Decision rejecting a complaint — Access to the file — Article 8(1) of Regulation (EC) No 773/2004 — Manifest error of assessment — Relevant market — Exclusive licence — Single branding — Excessive prices
Case T-95/16 Aydin v EUIPO – Kaporal Groupe (ROYAL & CAPORAL)
EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Subsidiary action — Subject-matter of the action — No interest in bringing proceedings — Inadmissibility
Case T-225/15 QuaMa Quality Management v EUIPO – Microchip Technology (medialbo)
EU trade mark — Opposition proceedings — Application for EU trade mark medialbo — Earlier EU word mark MediaLB — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 41(1) of Regulation No 207/2009 — Registration of the transfer of the mark — Article 17(7) of Regulation No 207/2009
Case T-419/15 Cofely Solelec and Others v Parliament
Public works contracts — Procurement procedure — Extension and renovation of the Konrad Adenauer building in Luxembourg — Annulment of the procurement procedure — Obligation to state reasons — Market value — Manifest error of assessment
Case T-719/15 P LP v Europol
Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff
Case T-54/16 Netguru v EUIPO (NETGURU)
EU trade mark — Application for EU word mark NETGURU — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights — Article 75 of Regulation No 207/2009 — Article 76(2) of Regulation No 207/2009
Case T-92/11 RENV Andersen v Commission
State aid — Rail transport — Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) — Public service contracts for the supply of rail passenger transport services between Copenhagen and Ystad — Decision declaring the aid compatible with the internal market subject to certain conditions — Temporal application of rules of substantive law — Service of general economic interest — Manifest error of assessment
Case T-64/16 Wieromiejczyk v EUIPO (Tasty Puff)
EU trade mark — Application for EU figurative trade mark Tasty Puff — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-399/15 Morgan & Morgan v EUIPO – Grupo Morgan & Morgan (Morgan & Morgan)
EU trade mark — Opposition proceedings — Application for EU figurative mark Morgan & Morgan — Earlier EU figurative mark MMG TRUST MIEMBRO DEL GRUPO MORGAN & MORGAN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-701/15 Stock Polska v EUIPO – Lass & Steffen (LUBELSKA)
EU trade mark — Opposition proceedings — Application for EU figurative mark LUBELSKA — Earlier national word mark Lubeca — Relative ground for refusal — Likelihood of confusion — Level of attention of the public — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-232/16 P Commission v Frieberger and Vallin
Appeal — Civil service — Officials — Pensions — Reform of the Staff Regulations — Raising of the retirement age — Decision refusing to recalculate the bonus relating to pension rights — Principle of ne ultra petita — Error in law — Obligation to state reasons
Case T-727/15 Justice & Environment v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure opened by the Commission against the Czech Republic — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest — Aarhus Convention — European Convention for the Protection of Human Rights and Fundamental Freedom
Case T-258/08 Rath v EUIPO – Portela & Ca. (Diacor)
EU trade mark — Opposition proceedings — Application for the EU word mark Diacor — Earlier national figurative mark Diacol PORTUGAL — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Evidence in a language other than the language of the proceedings — Rule 22(4) of Regulation (EC) No 2868/95 (now Rule 22(6) of Regulation No 2868/95, as amended) — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)
Case T-251/14 DEP Natorski and Pokrywa v EUIPO - PIS Opakowania (Part of a door)
Procedure — Taxation of costs — Manifest inadmissibility
Case T-749/15 Nausicaa Anadyomène and Banque d'escompte v ECB
Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek public debt — Programme for purchasing securities — Securities exchange agreement for the sole benefit of central banks in the Eurosystem — Private sector involvement — Collective action clauses — Credit enhancement in the form of a buyback programme intended to support the quality of the securities as collateral — Private creditors — Commercial banks — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment
Case T-96/16 Solenis Technologies v EUIPO (STRONG BONDS. TRUSTED SOLUTIONS.)
EU trade mark — Application for the EU word mark STRONG BONDS. TRUSTED SOLUTIONS. — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-768/14 ANKO v Commission
Arbitration clause — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Pocemon project — Eligible costs — Counterclaim — Repayment of amounts paid — Default interest
Case T-771/14 ANKO v Commission
Arbitration clause — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) –Doc@Hand project — Eligible costs — Counterclaim — Repayment of amounts paid — Default interest
Case T-255/15 Almaz-Antey Air and Space Defence v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine — Freezing of funds — Legal person supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Fundamental rights — Manifest error of assessment
Case T-325/15 Sun System Kereskedelmi és Szolgáltató v EUIPO – Hollandimpex Kereskedelmi és Szolgáltató (Choco Love)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Choco Love — Earlier EU and national word and figurative marks CHOCOLATE, CSOKICSŐ and Chocolate Brown — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-187/16 Anton Riemerschmid Weinbrennerei und Likörfabrik v EUIPO – Viña y Bodega Botalcura (LITU)
EU trade mark — Opposition proceedings — Application for EU word mark LITU — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-217/16 Internacional de Productos Metálicos v Commission
Action for annulment — Dumping — Imports of certain iron or steel fasteners originating in the People’s Republic of China or consigned from Malaysia — Regulation repealing definitive anti-dumping duties — Act not of individual concern — Regulatory act entailing implementing measures — Manifest inadmissibility
Case T-700/14 TV1 v Commission
Public service contracts — Tendering procedure — Supply of integrated audiovisual production, dissemination and archiving services — Rejection of the tender of one tenderer — Contract awarded to another tenderer — Offer abnormally low — Obligation to request further clarification — Obligation to state reasons — Transparency — Equal treatment and non-discrimination — Manifest error of assessment
Case T-703/14 Diktyo Amyntikon Viomichanion Net v Commission
Arbitration clause — ‘Firerob’ contract concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Request for reimbursement of the amounts paid to the applicant — Delegation of power — Admissibility — Abuse of contractual rights — Legitimate expectations — Proportionality
Case T-88/16 Opko Ireland Global Holdings v EUIPO – Teva Pharmaceutical Industries (ALPHAREN)
EU trade mark — Opposition proceedings — Application for EU word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Consideration of new evidence by the Board of Appeal following a judgment annulling a decision — Article 76(2) of Regulation No 207/2009
Case T-119/16 Topera v EUIPO (RHYTHMVIEW)
EU trade mark — Application for the European Union word mark RHYTHMVIEW — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-353/16 European Social Enterprise Law Association v EUIPO (EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION)
EU trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility
Case T-130/16 Coesia v EUIPO (Depiction of a circular shape formed by two oblique, symmetrical red lines)
EU trade mark — Application for registration of an EU figurative mark representing two red oblique curves — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to assess the distinctiveness of a mark by reference to the perception which the relevant public has of it
February 2017
Case T-479/14 Kendrion v European Union
Non-contractual liability — Precision of the application — Admissibility — Article 47 of the Charter of Fundamental Rights — Reasonable time for adjudication — Material damage — Interest on the amount of the outstanding fine — Bank guarantee charges — Non-material damage — Causal link
Language of the case: Dutch
Case T-725/14 Aalberts Industries v European Union
Non-contractual liability — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Circumstances of the case — Importance of the case — Complexity of the dispute — Conduct of the parties and supervening procedural matters — No period of unjustified inactivity
Language of the case: Dutch
Case T-510/15 Mengozzi v EUIPO – Consorzio per la tutela dell'olio extravergine di oliva toscano (TOSCORO)
EU trade mark — Invalidity proceedings — EU word mark TOSCORO — Earlier protected geographical indication ‘Toscano’ — Absolute ground for refusal — Article 142 of Regulation (EC) No 40/94 — Articles 13 and 14 of Regulation (EEC) No 2081/92 — Declaration of partial invalidity
Language of the case: English
Case T-646/13 Minority SafePack – one million signatures for diversity in Europe v Commission
Law governing the institutions — European citizens’ initiative — Protection of national and linguistic minorities and strengthening of cultural and linguistic diversity in the European Union — Refusal of registration — Commission manifestly lacking legislative powers — Obligation to state reasons — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
Language of the case: German
Case T-16/16 Mast-Jägermeister v EUIPO (Beakers)
Community design — Application for Community designs representing beakers — ‘Representation suitable for reproduction’ — Lack of precision of the representation with regard to the scope of the protection sought — Refusal to remedy the deficiencies — Refusal to attribute a date of filing — Articles 36 and 46 of Regulation (EC) No 6/2002 — Articles 4(1)(e) and 10(1) and (2) of Regulation (EC) No 2245/2002
Language of the case: German
Case T-333/14 Helbrecht v EUIPO – Lenci Calzature (SportEyes)
EU trade mark — Opposition proceedings — Cancellation of the earlier figurative mark serving as a basis for the contested decision — No need to adjudicate
Language of the case: English
Joined Cases T-828/14 and T-829/14 Antrax It v EUIPO – Vasco Group (Thermosiphons for radiators for heating)
Community design — Invalidity proceedings — Registered Community designs representing thermosiphons for radiators — Earlier designs — Plea of unlawfulness — Article 1(d) of Regulation (EC) No 216/96 — Article 41(1) of the Charter of Fundamental Rights — Principle of impartiality — Composition of the Board of Appeal — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Saturation of the state of the art — Date of assessment
Language of the case: Italian
Case T-145/15 Romania v Commission
EAGGF and EAFRD — Area-related measures — Expenditure excluded from financing — Flat-rate financial corrections — Article 52 of Regulation (EU) No 1306/2013 — Obligation to state reasons — Proportionality
Language of the case: Romanian
Joined Cases T-14/14 and T-87/14 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Legal basis — Misuse of powers — Rights of the defence — Legitimate expectations — Legal certainty — Ne bis in idem — Res judicata — Proportionality — Manifest error of assessment — Fundamental rights
Language of the case: English
Case T-493/14 Mayer v EFSA
Seconded national expert — EFSA rules on SNEs — Decision not to extend the secondment — Access to documents — Regulation (EC) No 1049/2001 — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Protection of personal data — Regulation (EC) No 45/2001 — Applications for a declaration and seeking the issue of directions — Written pleadings supplementing the originating application — Amendments to the heads of claim — Admissibility
Language of the case: German
Case T-726/14 Novar v EUIPO
Non-contractual liability — Proof of the existence, validity and scope of protection of the earlier mark — International registration designating the European Union — Decision rejecting the opposition in the absence of proof of the earlier right — Rule 19(2)(a) of Regulation (EC) No 2868/95 — Revision of the decision — Article 62(2) of Regulation (EC) No 207/2009 — Damage consisting in the lawyers’ fees — Causal link
Language of the case: German
Case T-40/15 ASPLA and Armando Álvarez v European Union
Non-contractual liability — Precision of the application — Limitation of actions — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Material damage — Interest on the amount of the outstanding fine — Bank guarantee charges — Causal link
Language of the case: Spanish
Case T-192/16 NF v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
Case T-193/16 NG v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
Case T-257/16 NM v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
Information (on unpublished decisions)
Case T-19/15 Gómez Echevarría v EUIPO – M and M Direct (wax by Yuli's)
EU trade mark — Invalidity proceedings –EU figurative mark wax by Yuli’s — Earlier EU word mark MADWAX and earlier national figurative mark wax — Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Extent of the examination carried out by the Board of Appeal — Article 64(1) of Regulation No 207/2009 — Rights of the defence — Article 41(2)(a) of the Charter of Fundamental Rights — Abuse of rights — Costs of representation before EUIPO — Article 85(1) of Regulation No 207/2009
Case T-29/15 International Management Group v Commission
Development cooperation — Annual Action Programme in favour of Myanmar/Burma to be financed from the general budget of the European Union — Budget implementing decision — Modification — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Principle of sound financial management — Principle of sound administration — Transparency — Remedy — Legitimate expectations
Case T-74/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Services for development, study and support for information systems (ESP DESIS III) — Requests for supply of services issued as part of the same lot — Mechanism for reopening to competition — Rejection of the tenderers’ tenders — Award criteria — Obligation to state reasons — Abnormally low offer — Claim for compensation
Case T-381/15 IMG v Commission
Protection of the European Union’s financial interests — Strengthened audit and monitoring measures and verification warning in the early warning system (EWS) — Decision suspending the possibility for the applicant to conclude contracts for indirect management with the Commission having regard to doubts regarding its status as an international organisation — Action for annulment — Act not open to challenge — No interest in bringing proceedings — Partial inadmissibility — Rights of the defence — Obligation to state reasons — Manifest error of assessment — Proportionality — Legal certainty — Legitimate expectations — Application for damages
Case T-686/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — Lack of genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-687/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-689/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-690/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-691/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-509/15 Kessel medintim v EUIPO – Janssen-Cilag (Premeno)
EU trade mark — Opposition proceedings — Application for the EU word mark Premeno — Earlier national word mark Pramino — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision — Right to be heard — Article 75 of Regulation No 207/2009
Case T-645/16 R Vorarlberger Landes- und Hypothekenbank v SRB
Interim measures — Single Resolution Board — Single Resolution Fund — Ex-ante contributions — Application for stay of execution — No urgency
Case T-137/16 Uniwersytet Wrocławski v Commission and REA
Actions for annulment — Arbitration clause — Seventh Framework Programme for Research and Technological Development (2007-2013) — Decision of the REA — Identification of the defendant — Partial inadmissibility
Case T-593/16 Stips v Commission
Action for damages — Civil service — Temporary staff — No request within the meaning of Article 90(1) of the Staff Regulations — Manifest inadmissibility
Case T-271/15 P LD v EUIPO
Appeal — Civil service — Officials — Appraisal report — 2011/2012 appraisal period — Distortion of facts — Error of law — Breach of fiduciary duty — Legitimate expectations
Case T-696/15 Bodegas Vega Sicilia v EUIPO (TEMPOS VEGA SICILIA)
EU trade mark — Application for the EU word mark TEMPOS VEGA SICILIA — Absolute ground for refusal — Trade mark for wine with geographical indications — Article 7(1)(j) of Regulation (EC) No 207/2009
Case T-82/16 International Gaming Projects v EUIPO – adp Gauselmann (TRIPLE EVOLUTION)
EU trade mark — Opposition proceedings — Application for the figurative EU trade mark TRIPLE EVOLUTION — Earlier EU word mark Evolution — Relative ground of refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-106/16 zero v EUIPO – Hemming (ZIRO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark ZIRO — Earlier EU figurative mark zero — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-142/16 Dröge and Others v Commission
Action for annulment — Declaration of intent and two Commission decisions on the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership between the European Union and the United States (TTIP) — Right of access of staff of members of national parliaments to certain confidential documents relating to the TTIP negotiations — Measures against which no action may be brought — Inadmissibility
Case T-153/16 Acerga v Council
Action for annulment — Fisheries — Conservation of fisheries resources — Fishing opportunities for certain fish stocks and groups of fish stocks in Union waters and, for Union fishing vessels, in certain non-Union waters — Association — No individual concern — Act entailing implementing measures — Inadmissibility
Case T-598/16 Pipiliagkas v Commission
Action for annulment — Civil service — Officials — Assignment — Transfer in the interest of the service — Reassignment of the applicant — Implementation of a judgment — Pre-litigation procedure — Measure not open to challenge — Inadmissibility
Case T-688/15 P Schönberger v Court of Auditors
Appeal — Civil service — Officials — Promotion — 2011 promotion procedure — Decision not to promote the applicant to grade AD 13 — Rejection of the action at first instance, after its referral back by the General Court, as in part manifestly inadmissible and in part manifestly unfounded — Prospect of promotion
Case T-15/16 Pandalis v EUIPO – LR Health & Beauty Systems (Cystus)
EU trade mark — Revocation proceedings — EU word mark Cystus — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 — No genuine use of the mark
Case T-270/16 P Kerstens v Commission
Appeal — Civil Service — Officials — Dismissal of the action at first instance — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Disciplinary proceedings — Enquiry in the form of an examination of the facts — Disciplinary penalty of a reprimand — Procedural irregularity — Consequences of the irregularity
Case T-568/15 Morgese and Others v EUIPO – All Star (2 STAR)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 2 STAR — Earlier EU figurative mark ONE STAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-30/16 M. I. Industries v EUIPO – Natural Instinct (Natural Instinct Dog and Cat food as nature intended)
EU trade mark — Opposition proceedings — Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended — Earlier EU word marks INSTINCT and NATURE’S VARIETY — Genuine use of the earlier mark — Nature of the use — Article 42(2) of Regulation No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95
Case T-191/14 Lubrizol France v Council
Common Customs Tariff — Regulation concerning the suspension of autonomous duties on certain agricultural and industrial products — Objection to existing suspensions — Equivalence of products — Procedure for handling objections
Case T-706/14 Holistic Innovation Institute v REA
Research and technological development — Projects funded by the European Union in the field of research — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ZONeSEC and Inachus projects — Decision refusing participation of the applicant — Action for annulment and liability
Case T-783/14 SolarWorld v Commission
Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Approval of a downward adjustment of the minimum import price pursuant to an undertaking accepted in connection with anti-dumping and anti-subsidy proceedings — Union industry — Article 8(1) of Regulation (EC) No 1225/2009
Case T-71/15 Jaguar Land Rover v EUIPO – Nissan Jidosha (Land Glider)
EU trade mark — Opposition proceedings — Application for EU word mark Land Glider — Earlier EU and national word and figurative marks LAND ROVER — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-98/15 Tubes Radiatori v EUIPO – Antrax It (Heating radiators)
Community design — Invalidity proceedings — Registered Community design representing a radiator — Earlier design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Right to be heard — Invitation to lodge evidence and observations following an annulment judgment of the General Court — Saturation of the state of the art
Case T-513/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Map)
EU trade mark — Application for the EU word mark Limbic® Map — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-516/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Types)
EU trade mark — Application for the EU word mark Limbic® Types — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-517/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Sales)
EU trade mark — Application for the EU word mark Limbic® Sales — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-603/15 Frank v Commission
Action for annulment — Horizon 2020 Framework Programme for Research and Innovation — Calls for proposals and related activities under the ERC Work Programme 2015 — Decision of the ERCEA declaring the proposal submitted by the applicant ineligible — Implied decision of the Commission rejecting the administrative appeal relating to the decision of the ERCEA — Incorrect designation of the defendant — Inadmissibility
Case T-18/16 DMC v EUIPO – Etike' International (De Giusti ORGOGLIO)
EU trade mark — Opposition proceedings — Application for EU figurative mark De Giusti ORGOGLIO — Earlier EU word mark ORGOGLIO — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-140/16 RII Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid by way of reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — Fresh application — New facts — No urgency
Case T-594/16 Walton v Commission
Action for annulment — Civil service — Temporary agents — Severance grant — Revision of the calculation — Res judicata — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T-624/16 R Gollnisch v Parliament
Interim measures — Member of the European Parliament — Recovery, by way of compensation, of allowances paid as reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
Case T-626/16 R Troszczynski v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid in the context of the reimbursement of parliamentary assistance expenses — Application for suspension of operation — Lack of urgency
Case T-351/14 Construlink v EUIPO – Wit-Software (GATEWIT)
EU trade mark — Opposition proceedings — Application for EU word mark GATEWIT — Earlier EU figurative mark wit software — Earlier national business name Wit-Software, Consultoria e Software para a Internet Móvel, SA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and (4) of Regulation (EC) No 207/2009
Case T-811/14 Unilever v EUIPO – Technopharma (Fair & Lovely)
EU trade mark — Opposition proceedings — Application for EU figurative mark Fair & Lovely — Earlier national and Benelux word marks FAIR & LOVELY — Decision on the appeal — Article 64(1) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Legitimate expectations — Misuse of powers — Manifest errors of assessment
Case T-369/15 Hernández Zamora v EUIPO – Rosen Tantau (Paloma)
EU trade mark — Opposition proceedings — Application for the EU word mark Paloma — Earlier EU figurative mark Paloma — Relative ground for refusal — Likelihood of confusion — Article 8(1) of Regulation (EC) No 207/2009
Case T-441/15 European Dynamics Luxembourg and Others v EMA
Arbitration clause — Multiple framework contract involving the ‘cascade’ system EMA/2012/10/ICT — External service provision for software applications — Request to provide services addressed to the applicants — Rejection of the candidates proposed by the applicants — Proportionality — Reclassification in part of the action — Non-contractual liability
Case T-596/15 Batmore Capital v EUIPO – Univers Poche (POCKETBOOK)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative trade mark POCKETBOOK — Earlier national figurative marks POCKET — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-688/16 R Janssen-Cases v Commission
Interim proceedings — Civil service — Vacancy notice — Commission’s ombudsman — Application for a stay in execution — No urgency
Case T-157/14 JingAo Solar and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link
Joined Cases T-158/14, T-161/14 and T-163/14 JingAo Solar and Others v Council
Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Scope of the investigation — Sampling — Definition of the product concerned
Case T-160/14 Yingli Energy (China) and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link — Rights of the defence — Calculation of the injury margin
Case T-162/14 Canadian Solar Emea and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link
Case T-766/15 Labeyrie v EUIPO – Delpeyrat (Representation of a sowing of golden fish on a blue background)
EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of golden fish on a blue background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character
Case T-767/15 Labeyrie v EUIPO – Delpeyrat (Representation of a sowing of light coloured fish on a dark background)
EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of light coloured fish on a dark background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character
March 2017
Case T-454/13 SNCM v Commission
State aid — Maritime cabotage — Aid awarded by France to Société nationale martime Corse Méditerranée (SNCM) and Compagnie méridionale de navigation — Service of general economic interest — Compensation for an additional service, on top of the basic service, covering peak periods during the tourist season — Decision declaring aid incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment — Determination of the amount of aid
Language of the case: French
Case T-194/13 United Parcel Service v Commission
Competition — Mergers — Regulation (EC) No 139/2004 — International express small package delivery services in the EEA — Acquisition of TNT Express by UPS — Decision declaring the merger incompatible with the internal market — Likely effects on prices — Econometric analysis — Rights of defence
Language of the case: English
Case T-336/15 Windrush Aka v EUIPO – Dammers (The Specials)
EU trade mark — Revocation proceedings — EU word mark The Specials — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Consent of the proprietor of the trade mark — Article 15(2) of Regulation No 207/2009
Language of the case: English
Case T-117/15 Estonia v Commission
Actions for annulment — Agriculture — Common organisation of the markets — Measures to be adopted in consequence of the accession of new Member States — Amounts to be charged for quantities of surplus sugar not eliminated — Request for modification of a final decision of the Commission — Refusal of the request — Act not open to challenge — Confirmatory measure — No new substantive particulars — Inadmissibility
Language of the case: Estonian
Case T-210/15 Deutsche Telekom v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for the application of the competition rules — Refusal to grant access — Duty to state reasons — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Consultation with third parties — Transparency — No response to a confirmatory request with the time limits
Language of the case: German
Case T-112/15 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Area-related aid scheme — Concept of permanent pasture — Obligation to state reasons — Proportionality — Flat-rate financial correction — Deduction of earlier correction
Language of the case: Greek
Information (on unpublished decisions)
Case T-366/13 France v Commission
State aid — Maritime cabotage — Aid implemented by France in favour of the Société nationale maritime Corse Méditerranée (SNCM) and the Compagnie méridionale de navigation — Service of general economic interest — Compensation for a service additional to the basic service intended to cover peak periods during the tourist season — Decision declaring aid incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment
Case T-208/15 Universiteit Antwerpen v REA
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Marie Curie actions — Early-stage researchers — Call for proposals FP7-People-ITN-2008 — Grant agreements — Eligible costs — Recovery of sums paid — Concept of hosting researchers — Proportionality
Case T-278/15 P EEAS v KL
Appeal — Civil service — Officials — Promotion — 2013 promotion procedure — Non-inclusion in the list of promoted officials — No error of law
Case T-472/15 P EEAS v Gross
Appeal — Civil service — Officials — Promotion — 2013 promotion exercise — Non-inclusion on the list of promoted officials — No error of law
Case T-698/15 P Silvan v Commission
Appeal — Civil service — Officials — 2013 promotion exercise — Decision not to promote the appellant — Comparison of the merits — Taking into account of staff reports — No error of law
Case T-76/16 Ikos v EUIPO (AEGYPTISCHE ERDE)
European Union trade mark — Application for EU word mark AEGYPTISCHE ERDE — Absolute ground for refusal — Descriptive character — Rejection of the application — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-730/15 P DI v EASO
Appeal — Civil service — EASO staff — Member of the contract staff — Fixed-term contract — Probationary period — Dismissal decision — Action for annulment and for damages — Dismissal of the action as manifestly inadmissible at first instance — Rule that the application and the complaint correspond — Article 91(2) of the Staff Regulations
Case T-556/16 GX v Commission
Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD/248/13 — Decision not to include the applicant on the reserve list — Action manifestly lacking any foundation in law
Case T-140/16 Le Pen v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Procedure — Recoverable costs — Partial manifest inadmissibility
Case T-436/14 Neka Novin v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Maintenance of the applicant’s name on the list of persons concerned — Error of law — Manifest error of assessment — Proportionality
Case T-622/14 Lauritzen Holding v EUIPO – DK Company (IWEAR)
European Union trade mark — Opposition proceedings — Application for European Union word mark IWEAR — Earlier European Union word mark INWEAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-295/16 SymbioPharm v EMA
Action for annulment — Medicinal products for human use — Commencement of the procedure for referral to the EMA — Articles 31 to 34 of Directive 2001/83/EC — Medicinal product Symbioflor 2 and medicinal products with similar designations — Act not open to challenge — Preparatory act — Inadmissibility
Case T-504/15 Rafhaelo Gutti v EUIPO – Transformados del Sur (CAMISERIA LA ESPAÑOLA)
EU trade mark — Opposition proceedings — Application for EU figurative mark CAMISERIA LA ESPAÑOLA — Earlier national figurative mark representing two crossed flags — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-23/16 Biernacka-Hoba v EUIPO – Formata Bogusław Hoba (Formata)
EU trade mark — Invalidity proceedings — EU figurative mark Formata — Absolute ground for invalidity — Absence of bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for invalidity — Likelihood of confusion — Article 53(1)(a) and Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-22/16 Comprojecto-Projectos e Construções and Others v ECB
Action for failure to act, for annulment and for damages — Economic and monetary policy — Supervision of credit institutions — Prevention of the use of the financial system for the purposes of money laundering — Corrective measures — No invitation to act — Lack of precision in the application — Act not open to challenge — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-104/16 Puma v EUIPO (FOREVER FASTER)
EU trade mark — International registration designating the European Union — Word mark FOREVER FASTER — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Principle of sound administration
Case T-308/16 Marsh v EUIPO (ClaimsExcellence)
EU trade mark — Application for the EU word mark ClaimsExcellence — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-400/16 Maximum Play v EUIPO (MAXPLAY)
EU trade mark — Application for the EU word mark MAXPLAY — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-625/16 R Przedsiębiorstwo Energetyki Cieplnej v ECHA
Interim measures — European Chemicals Agency — REACH — Fee payable for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Decision imposing an administrative charge and an additional fee — Application for suspension of operation of a measure — No urgency
Case T-855/16 R Fertisac v ECHA
Interim proceedings — REACH — Fee due for registration of a substance — Reduction granted to micro, small and medium-sized undertakings — Decision imposing an administrative charge and a supplementary fee — Application for suspension of operation — No urgency
Case T-741/14 Hersill v EUIPO – KCI Licensing (VACUP)
EU trade mark — Opposition proceedings — Application for the EU word mark VACUP — Earlier EU word marks MINIVAC and V.A.C. — No genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T-132/15 IR v EUIPO – Pirelli Tyre (popchrono)
EU trade mark — Revocation proceedings — EU word mark popchrono — Absence of genuine use of a trade mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-276/15 Edison v EUIPO – Eolus Vind (e)
EU trade mark — Opposition proceedings — Application for an EU figurative mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-346/15 Bank Tejarat v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Re-listing of the applicant — Obligation to state reasons — Manifest error of assessment — Res judicata — Misuse of powers — Fundamental rights
Case T-21/16 Karl Conzelmann v EUIPO (LIKE IT)
EU trade mark — Application for registration of the word mark LIKE IT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-174/16 Wessel-Werk v EUIPO – Wolf PVG (Suction nozzles for vacuum cleaners)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing a suction nozzle for a vacuum cleaner — Earlier Community design — Ground for invalidity — Individual character — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-175/16 Wessel-Werk v EUIPO – Wolf PVG (Suction nozzles for vacuum cleaners)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing a suction nozzle for a vacuum cleaner — Earlier Community design — Ground for invalidity — Individual character — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-48/17 R ADDE v Parliament
Interim measures — Financing of a political party — Institutional law — Bank guarantee — Lack of urgency
Case T-455/16 P Fernández González v Commission
Appeal — Civil service — Temporary staff — Recruitment — Employment of temporary staff in permanent posts — Plea of illegality — Error of law
Case T-473/15 Capella v EUIPO – Abus (APUS)
EU trade mark — Opposition proceedings — Application for the EU word mark APUS — Earlier national word mark ABUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Successive restrictions of the trade mark application before the Board of Appeal — Article 43(1) of Regulation No 207/2009 — Competence of the Board of Appeal — Article 64(1) of Regulation No 207/2009 — Right to be heard — Article 75, second sentence, of Regulation No 207/2009 — Rule 13(3) of Regulation (EC) No 2868/95
Case T-495/15 Sociedad agraria de transformación n° 9982 Montecitrus v EUIPO – Spanish Oranges (MOUNTAIN CITRUS SPAIN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark MOUNTAIN CITRUS SPAIN — Earlier EU figurative mark monteCitrus — Relative ground for refusal — No likelihood of confusion — Identity of the goods — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-199/16 Kohrener Landmolkerei and DHG v Commission
Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law
Case T-231/15 Haswani v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Modification of the application — Obligation to state reasons –Rights of the defence — Error of assessment — Proportionality — Non-contractual liability
Case T-425/16 Hoffmann v EUIPO (Genius)
European Union trade mark — Application for EU word mark Genius — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-430/16 Intercontinental Exchange Holdings v EUIPO (BRENT INDEX)
EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-239/15 Cryo-Save v EUIPO – MedSkin Solutions Dr. Suwelack (Cryo-Save)
EU trade mark — Revocation proceedings — EU word mark Cryo-Save — Article 51(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the mark — Burden of proof — Declaration of revocation
Case T-216/16 Vignerons de la Méditerranée v EUIPO – Bodegas Grupo Yllera (LE VAL FRANCE)
EU trade mark — Opposition proceedings — Application for EU figurative mark LE VAL FRANCE — Earlier EU word mark VIÑA DEL VAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-624/16 Gollnisch v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-626/16 Troszczynski v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-20/17 R Hungary v Commission
Application for interim measures — State aid — Hungarian tax on advertisement turnover — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
Case T-139/17 R Kibelisa v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-140/17 R Kampete v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-141/17 R Amisi Kumba v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-142/17 R Kaimbi v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-143/17 R Ilunga Luyoyo v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-144/17 R Numbi v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-145/17 R Kanyama v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-167/17 R RV v Commission
Interim measures — Civil Service — Placed on leave and automatically retired — Application for a stay of execution — Not urgent
Case T-681/14 El-Qaddafi v Council
Common foreign and security policy — Restrictive measures taken against Libya — Freezing of funds — Restrictions on the entry into and transit through the territory of the European Union — Retention of the applicant’s name — Rights of the defence — Obligation to state reasons
Case T-538/15 Regent University v EUIPO – Regent's College (REGENT UNIVERSITY)
EU trade mark — Invalidity proceedings — EU word mark REGENT UNIVERSITY — Earlier national figurative mark REGENT’S COLLEGE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-733/15 Portugal v Commission
Failure to comply with a judgment of the Court of Justice finding that a State has failed to fulfil its obligations — Penalty payment — Decision quantifying the penalty payment — Repeal of the contested national measure — Date on which the infringement was brought to an end
Case T-387/15 J & Joy v EUIPO – Joy-Sportswear (J AND JOY)
EU trade mark — Opposition proceedings — EU word mark J AND JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-388/15 J & Joy v EUIPO – Joy-Sportswear (JN-JOY)
EU trade mark — Opposition proceedings — EU word mark JN-JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-389/15 J & Joy v EUIPO – Joy-Sportswear (J&JOY)
EU trade mark — Opposition proceedings — EU figurative mark J&JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-501/15 Netherlands v Commission
EAGF and EAFRD — Expenditure excluded from financing — Integrated administration and control system — Reductions and exclusions where rules on cross-compliance not observed — Minor non-compliance — Article 24(2) of Regulation (EC) No 73/2009 — Article 71(3) of Regulation (EC) No 1122/2009 — Burden of proof — Interpretation of Annex II to Regulation (EC) No 73/2009
Case T-638/15 Alcohol Countermeasure Systems (International) v EUIPO – Lion Laboratories (ALCOLOCK)
EU trade mark — Invalidity proceedings — EU word mark ALCOLOCK — United Kingdom word mark ALCOLOCK — Relative ground for refusal — Article 8(1)(a) and (b) and Article 53(1)(a) and (b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark
Case T-209/16 Apax Partners UK v EUIPO – Apax Partners Midmarket (APAX PARTNERS)
EU trade mark — Invalidity proceedings — Application for the EU word mark APAX PARTNERS — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
April 2017
Case T-28/16 Germany v Commission
EAGF and EAFRD — Expenditure excluded from financing — Rural development — Land consolidation and village renewal — Criteria used for selection of operations — Principle of sincere cooperation — Subsidiarity — Legitimate expectations — Proportionality — Obligation to state reasons
Language of the case: German
Case T-422/13 CPME and Others v Council
Dumping — Imports of certain polyethylene terephthalate (PET) originating in India, Taiwan and Thailand — Expiry review — Commission proposal to renew measures — Council decision to terminate the review without imposing measures — Action for annulment — Article 11(2) of Regulation (EC) No 1225/2009 — Likelihood of recurrence of material injury — Article 21(1) of Regulation No 1225/2009 — Interest of the European Union — Manifest errors of assessment — Obligation to state reasons — Action for damages
Language of the case: English
Case T-344/15 France v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents sent under the procedure laid down in Directive 98/34/EC — Documents originating from a Member State — Access granted — Exception for the protection of court proceedings — Exception for the protection of the purpose of inspections, investigations or audits — Prior agreement of the Member State
Language of the case: French
Case T-219/14 Regione autonoma della Sardegna v Commission
State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Liquidation of the recipient undertaking — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment
Language of the case: Italian
Case T-220/14 Saremar v Commission
State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Bankruptcy of the applicant — Capacity to be a party to legal proceedings — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of the defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment
Language of the case: Italian
Case T-39/16 Nanu-Nana Joachim Hoepp v EUIPO – Fink (NANA FINK)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark NANA FINK — Earlier EU word mark NANA — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action
Language of the case: German
Case T-570/16 HF v Parliament
Civil service — Contract staff for auxiliary tasks — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Four-month time-limit for reply under the Staff Regulations — Decision of the administration to open an administrative inquiry — Administration not adopting a position as to the existence of the alleged psychological harassment within the time-limit for reply under the Staff Regulations — Concept of implied decision refusing the request for assistance — Non-existent act — Inadmissibility
Language of the case: French
Case T-584/16 HF v Parliament
Civil service — Contract staff for auxiliary tasks — Article 3b of the CEOS — Successive contracts of employment as a member of the contract staff — Fixed-term contracts — Decision not to renew — Misuse of powers — Request for assistance — Right to be heard — Non-contractual liability
Language of the case: French
Case T-569/16 OU v Commission
Civil service — Contract staff — Disciplinary proceedings — Suspension — Sums withheld from remuneration — Reprimand — Repayment — Article 24(4) of Annex IX to the Staff Regulations
Language of the case: French
Case T-264/15 Gameart v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for failure to fulfil obligations — Documents drawn up by a Member State — Request for access to documents made to the Member State — Request forwarded to the Commission — Refusal of access — Competence of the Commission — Document originating from an institution — Article 5 of Regulation (EC) No 1049/2001
Language of the case: Polish
Case T-580/16 Azoulay and Others v Parliament
Civil service — Officials — Members of the temporary staff — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations — Legitimate expectations — Equal treatment — Principle of sound administration
Language of the case: French
Information (on unpublished decisions)
Case T-215/16 Cop v EUIPO – Conexa (AMPHIBIAN)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark AMPHIBIAN — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-361/14 HB and Others v Commission
Law governing the institutions — European citizens’ initiative — Protection of stray animals — Psychological effects on adults and children — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
Case T-367/15 Renfe-Operadora v EUIPO (AVE)
EU trade mark — Invalidity proceedings — EU figurative mark AVE — Partial invalidity — Appeal brought before the Board of Appeal in a language other than the language of the proceedings — Inadmissibility of the appeal before the Board of Appeal — Application for restitutio in integrum — Duty of due care
Case T-621/15 Tractel Greifzug v EUIPO – Shenxi Machinery (Shape of a motorised rope winch)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a motor-driven rope winch — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T-291/16 Anta (China) v EUIPO (Representation of two lines forming an acute angle)
EU trade mark — Application for an EU figurative mark representing two lines forming an acute angle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-35/15 Alkarim for Trade and Industry v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Manifest error of assessment
Case T-594/15 Metabolic Balance Holding v EUIPO (Metabolic Balance)
EU trade mark — Application for the EU figurative mark Metabolic Balance — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-49/16 Azanta v EUIPO – Novartis (NIMORAL)
EU trade mark — Opposition proceedings — Application for the EU word mark NIMORAL — Earlier EU word mark NEORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-101/16 Klausner Holz Niedersachsen v Commission
Action for failure to act — State aid — Supply of timber — Preliminary examination of an alleged State aid granted by the German authorities in the form of contracts for the supply of timber — Commission’s failure to adopt a position within a reasonable period of time — Manifest inadmissibility
Case T-178/16 Policolor v EUIPO – CWS-Lackfabrik Conrad W. Schmidt (Policolor)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Policolor — Earlier EU figurative mark ProfiColor — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-219/16 Aldi v EUIPO (ViSAGE)
EU trade mark — Application for the EU figurative mark ViSAGE — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-238/16 Clean Sky 2 Joint Undertaking v Scouring Environment
Arbitration clause — Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Non-performance of the contract — Repayment of the sums advanced — Default interest — Procedure by default
Case T-348/16 Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Seventh Framework Programme for Research and Technological Development — Minatran contract — Eligible costs — Procedure by default
Case T-86/17 R Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid as reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
Case T-123/17 R Exaa Abwicklungsstelle für Energieprodukte v ACER
Application for interim measures — Energy — Decision of ACER rejecting an application for leave to intervene in Case A-001-2017 (consolidated) — Application for suspension of operation of a measure — No urgency
Case T-158/17 R Post Telecom v EIB
Interim measures — Public service contracts — Tendering procedure — Provision of communication services via a metropolitan area network for the buildings and offices of the European Investment Bank Group in Luxembourg — Rejection of a tenderer’s bid and award of the contract to another tenderer — Application for suspension of operation — No urgency
Case T-618/16 Dreimane v Commission
Action for annulment and compensation — Civil service — Officials — Pensions — Transfer of national pension rights — Calculation of years of pensionable service — Article 90(2) of the Staff Regulations — Time-limit — Inadmissibility
Case T-375/15 Germanwings v Commission
State aid — Aid for an airline using Zweibrücken airport — Benefit — Whether imputable to the State — Obligation to state reasons — Legitimate expectations — Access to documents — Documents relating to a procedure for reviewing State aid — Refusal to grant access to the documents requested — Exception relating to the protection of the purpose of inspections, investigations and audits
Case T-622/15 Deere v EUIPO (EXHAUST-GARD)
EU trade mark — Application for the EU word mark EXHAUST-GARD — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Rights of the defence — Article 75 of Regulation (EC) No 207/2009
Case T-721/15 BASF v EUIPO – Evonik Industries (DINCH)
EU trade mark — Invalidity proceedings — EU word mark DINCH — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-446/16 P CC v Parliament
Appeal — Civil service — Recruitment — Notice of competition — Open competition — Errors in the management of the list of successful candidates — Non-contractual liability — Offers of further evidence — Material harm — Equal treatment — Distortion of the facts — Loss of an opportunity
Case T-588/16 HN v Commission
Civil Service — Officials — Regulation (EU, Euratom) No 1023/2013 — Reform of the Staff Regulations — New career rules and rules for promotion to grades AD 13 and AD 14 — Officials of grade AD 12 — Exercise of particular responsibilities — Article 30(3) of Annex XIII to the Staff Regulations — Promotion year 2014 — Request to be categorised in the type of post ‘Adviser or equivalent’ — Lack of response from the Appointing Authority — Promotion year 2015 — Fresh request to be categorised in the type of post ‘Adviser or equivalent’ or ‘Head of unit or equivalent’ — Rejected by the Appointing Authority — Confirmatory nature of the refusal of categorisation in the type of post ‘Adviser or equivalent’ — Requirements related to the pre-litigation procedure — Inadmissibility
May 2017
Case T-512/14 Green Source Poland v Commission
Action for annulment — ERDF — Article 41(3) of Regulation (EC) No 1083/2006 — Refusal to grant a financial contribution to a major project — Undertaking responsible for project implementation — No direct concern — Inadmissibility
Language of the case: English
Case T-754/14 Efler and Others v Commission
Law governing the institutions — European citizens’ initiative — Transatlantic Trade and Investment Partnership — Comprehensive Economic and Trade Agreement — Manifest lack of powers of the Commission — Proposal for a legal act for the purpose of implementing the Treaties — Article 11(4) TEU — Article 2(1) and Article 4(2)(b) of Regulation (EU) No 211/2011 — Equal treatment
Language of the case: German
Case T-115/15 Deza v ECHA
Reach — Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Supplement to the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) on that list — Articles 57 and 59 of Regulation No 1907/2006
Language of the case: Czech
Case T-122/15 Landeskreditbank Baden-Württemberg v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 6(4) of Regulation (EU) No 1024/2013 — Article 70(1) of Regulation (EU) No 468/2014 — Single supervisory mechanism — Competences of the ECB — Decentralised exercise by the national authorities — Assessment of the size of a credit institution — Need for direct supervision by the ECB
Language of the case: German
Case T-480/15 Agria Polska and Others v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Distribution of plant protection products market — Decision to reject a complaint — Alleged anticompetitive behaviour of producers and distributors — Concerted or coordinated action of lodging complaints, by producers and distributors, before administrative and criminal authorities — Reporting alleged infringements of the applicable rules by parallel importers — Administrative inspections subsequently carried out by the administrative authorities — Imposition of administrative and criminal penalties by national authorities on parallel importers — Assimilation of complaints by producers and distributors to vexatious actions or abuses of administrative procedures — Lack of European Union interest — Right to effective judicial protection
Language of the case: Polish
Case T-107/16 Airhole Facemasks v EUIPO – sindustrysurf (AIR HOLE FACE MASKS YOU IDIOT)
EU trade mark — Invalidity proceedings — EU figurative mark AIR HOLE FACE MASKS YOU IDIOT — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — Power to alter decision
Language of the case: English
Case T-637/15 Alma-The Soul of Italian Wine v EUIPO – Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier EU word mark VIÑA SOL — Relative ground for refusal — Detriment to distinctive character — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
Information (on unpublished decisions)
Case T-531/14 Sotiropoulou and Others v Council
Non-contractual liability — Economic and monetary policy — Decisions addressed to a Member State with a view to remedying an excessive deficit situation — Reduction in and withdrawal of pension rights in Greece — Sufficiently serious infringement of a rule of law conferring rights on individuals
Case T-681/15 Environmental Manufacturing v EUIPO – Société Elmar Wolf (Representation of the head of a wolf)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a wolf’s head — Earlier international figurative mark Outils WOLF — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-36/16 Enercon v EUIPO – Gamesa Eólica (Blended shades of green)
EU trade mark — Invalidity proceedings — EU trade mark consisting of blended shades of green — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-55/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2009 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-59/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2012 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-60/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2011 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-70/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Psychological harassment — Non-contractual liability — Errors of law — Appeal manifestly unfounded
Case T-71/16 P De Nicola v EIB
Appeal — Civil service — EIB staff — Reports procedure — Career development report — 2007 appraisal procedure — Errors of law — Appeal manifestly unfounded
Case T-73/16 P De Nicola v EIB
Appeal — Civil service — EIB staff — Psychological harassment — Non-contractual liability — Errors of law — Appeal manifestly unfounded
Case T-75/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2010 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-200/16 Gfi PSF v Commission
Public service contracts — Public procurement procedure — Development, maintenance, evolution and assistance services for websites — Rejection of a tenderer’s bid — Bid received already open — Article 111(4)(b) of the Financial Regulation
Case T-744/14 Meta Group v Commission
Arbitration clause — Grant agreements concluded within the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Grant agreements concluded under the Competitiveness and Innovation Framework Programme (2007-2013) — Recovery of sums paid — Balance of the total amount of the financial contribution granted to the applicant — Eligible costs — Contractual liability
Case T-403/15 JYSK v Commission
Action for annulment — ERDF — Article 41(3) of Regulation (EC) No 1083/2006 — Refusal to grant a financial contribution to a major project — Undertaking responsible for project implementation — No direct concern — Inadmissibility
Joined Cases T-425/15, T-426/15 and T-428/15 Schräder v CPVO – Hansson (SEIMORA and SUMOST-02)
Plant variety rights — Application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for Community protection of plant variety rights for the variety SUMOST 02 — Composition of the Board of Appeal of CPVO — Principle of impartiality
Case T-25/16 Haw Par v EUIPO – Cosmowell (GELENKGOLD)
EU trade mark — Opposition proceedings — Application for EU figurative mark GELENKGOLD — Earlier EU figurative mark representing a tiger — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Force of res judicata — Enhanced distinctive character of the earlier mark acquired through use — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Series of marks
Case T-97/16 Kasztantowicz v EUIPO – Gbb Group (GEOTEK)
EU trade mark — Revocation proceedings — EU word mark GEOTEK — Article 51(1)(a) of Regulation (EC) No 207/2009 — Rule 40(5) of Regulation (EC) No 2868/95 — Evidence of genuine use of the mark — Delay — Rule 61(2) and (3) and Rule 65(1) of Regulation No 2868/95 — Notification by fax of the time limit given to the proprietor — Absence of circumstances capable of challenging the transmission report submitted by EUIPO — Article 78 of Regulation (EC) No 207/2009 — Rule 57 of Regulation No 2868/95 — Request for examination of witnesses — Discretion of EUIPO
Case T-341/16 De Masi v Commission
Action for annulment — Access to documents — Request for access on the basis of the inter-institutional cooperation by virtue of Article 230 TFEU — Documents concerning the work of the ‘Code of conduct (Business Taxation)’ group instituted by the Council — Act not open to challenge — Inadmissibility
Case T-132/16 PayPal v EUIPO – Hub Culture (VENMO)
EU trade mark — Invalidity proceedings — EU word mark VENMO — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-224/16 Messe Friedrichshafen v EUIPO – El Corte Inglés (Out Door)
EU trade mark — Opposition proceedings — EU figurative mark Out Door — Earlier EU word mark OUTDOOR PRO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76 of Regulation No 207/2009
Case T-262/16 Globo Media v EUIPO – Globo Comunicação e Participações (GLOBO MEDIA)
EU trade mark — Opposition proceedings — Application for EU word mark GLOBO MEDIA — Earlier national figurative mark TV GLOBO PORTUGAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-680/15 Les Éclaires v EUIPO – L'éclaireur International (L'ECLAIREUR)
EU trade mark — Revocation proceedings — EU word mark L’ECLAIREUR — Genuine use of the mark — Article 15(1), Article 51(1)(a) and Article 76(1) of Regulation (EC) No 207/2009 — Rule 22(6) of Regulation (EC) No 2868/95 — Alleged divergence from Part C, Section 6, of the EUIPO Guidelines for examination
Case T-207/16 R Aristoteleio Panepistimio Thessalonikis v Commission
Interim measures — Public contracts — Disclaimer notice — Screening opinion — Application for a stay of execution — Lack of urgency
Case T-303/15 Barqawi v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Manifest error of assessment
Case T-304/15 Abdulkarim v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Manifest error of assessment
Case T-376/15 KK v EASME
Horizon 2020 — the Framework Programme for Research and Innovation — Call for proposals in respect of the 2014-2015 work programme — Programme to support innovation within SMEs — EASME decision declaring a proposal ineligible — ‘Single submission’ rule — Evaluation review procedure — E-portal for filing proposals temporarily inaccessible — Error of assessment — Infringement of the procedural rules — Non-contractual liability
Case T-372/16 Bammer v EUIPO – mydays (Männerspielplatz)
EU trade mark — Invalidity proceedings — EU word mark MÄNNERSPIELPLATZ — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009
Joined Cases T-15/15 and T-197/15 Costa v Parliament
Rules governing emoluments of Members of the Parliament — Old-age pension — Suspension — Recovery — Rule against overlapping — Rules on payment of expenses and allowances to Members of the European Parliament — Reference to national legislation — Article 12(2a)(v) of the Regulation on life-annuities of Members of the Italian Chamber of Deputies — Allowance received for exercising the function of President of an Italian Port Authority — Legitimate expectations
Case T-223/15 Morton's of Chicago v EUIPO – Mortons the Restaurant (MORTON'S)
EU trade mark — Invalidity proceedings — EU figurative mark MORTON’S — Earlier non-registered national trade marks MORTON’S, MORTONS, MORTON’S CLUB, MORTONS CLUB, MORTON’S THE RESTAURANT, MORTONS RESTAURANT and M MORTON’S — Relative ground for refusal — Declaration of invalidity — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Case T-285/16 Dominator International v EUIPO (DREAMLINE)
EU trade mark — International registration designating the European Union — Word mark DREAMLINE — Absolute grounds for refusal — Not distinctive — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law — Article 126 of the Rules of Procedure
Case T-85/15 AW v EUIPO – Pharma Mar (YLOELIS)
EU trade mark — Opposition proceedings — Application for EU word mark YLOELIS — Earlier EU word mark YONDELIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-159/16 Metronia v EUIPO – Zitro IP (TRIPLE O NADA)
EU trade mark — Opposition proceedings — Application for EU figurative mark TRIPLE O NADA — Earlier EU figurative mark TRIPLE BINGO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-218/16 Mühlbauer Technology v EUIPO (Magicrown)
EU trade mark — Application for EU word mark Magicrown — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-472/16 Marsh v EUIPO (LegalPro)
EU trade mark — Application for the EU word mark LegalPro — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-742/16 RENV CW v Parliament
Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Obligation to provide assistance — Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace — Article 24 of the Staff Regulations — Request for assistance — Rejection — Decision rejecting the complaint — Independent content — Premature nature of the complaint — None — Role and powers of the Advisory Committee on Harassment and its Prevention in the Workplace — Option for an official to approach the Committee — Non-contractual liability
Case T-164/16 Piper Verlag v EUIPO (THE TRAVEL EPISODES)
EU trade mark — Application for figurative EU trade mark THE TRAVEL EPISODES — Absolute ground for refusal — Application for alteration — Act not amenable to adoption by the Board of Appeal — Disregard of the procedural requirements — Inadmissibility
Case T-355/16 adp Gauselmann v EUIPO (MULTI FRUITS)
EU trade mark — Application for EU word mark MULTI FRUITS — Absolute grounds for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-481/16 RENV Cuallado Martorell v Commission
Civil service — Recruitment — Open competition — Non-admission to the oral tests — Assessment of the written test — Decision not to include the applicant’s name on the reserve list — Possibility for a selection board to entrust the marking of the written tests to one of its members — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-519/16 Piessevaux v Council
Civil service — Officials — Pensions — Transfer of pension rights to the European Union pension scheme — Proposal concerning the crediting of additional pensionable years — Article 11(2) of Annex VIII to the Staff Regulations — New general implementing provisions — Equal treatment — Acquired rights — Legitimate expectations
Case T-583/16 PG v Frontex
Civil service — Temporary staff — Non-renewal of a fixed-term contract — Renewal procedure — Article 266 TFEU — Duty of care — Non-contractual liability
Case T-163/16 Reisswolf v EUIPO (secret.service.)
EU trade mark — Application for EU word mark secret.service. — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Examination of the facts by EUIPO of its own motion — Article 76 of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-166/16 Panzeri v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case T-375/16 Sabre GLBL v EUIPO (INSTASITE)
EU trade mark — Application for the EU word mark INSTASITE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-410/16 Makhlouf v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to protection of reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality
Case T-877/16 Verschuur v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Document concerning the administrative procedure relating to State aid SA.38374 (2014/C ex 2014/NN) granted by the Netherlands to Starbucks — Refusal to grant access — Action manifestly lacking any foundation in law
Case T-170/17 R RW v Commission
Interim measures — Civil Service — Officials — Requirement to take leave and compulsory retirement — Retirement age — Article 42c of the Staff Regulations — Application for a stay of execution — Fumus boni juris — Urgency — Balance of interests
Case T-690/16 R Enrico Colombo and Corinti Giacomo v Commission
Interim measures — Public procurement — Application for interim measures — No urgency
Case T-17/16 MS v Commission
Action for damages — Decision of the Commission to put an end to a ‘letter of agreement and membership of Team Europe’ — Contractual liability — No arbitration clause — Manifest inadmissibility
June 2017
Case T-442/12 Changmao Biochemical Engineering v Council
Dumping — Imports of tartaric acid originating in China — Modification of the definitive anti-dumping duty — Partial interim review — Market economy treatment — Costs of major inputs substantially reflecting market values — Change in circumstances — Obligation to state reasons — Period for adopting a decision on market economy treatment — Rights of the defence — Article 20(2) of Regulation (EC) No 1225/2009
Language of the case: English
Case T-673/15 Guardian Europe v European Union
Non-contractual liability — Representation of the European Union — Barring of actions — Nullification of the legal effects of a decision which has become final — Precision of the application — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Equal treatment — Material damage — Losses sustained — Loss of profit — Non-material damage — Causal link
Language of the case: English
Case T-726/15 Blaž Jamnik and Blaž v Parliament
Public service contracts — Property market — Tender procedure — Negotiated procedure without publication of a contract notice — Premises for the European Union House in Ljubljana — Rejection of the tender after prospecting the local market — Award of the contract to another tenderer — Failure to examine the documents annexed to the tender — Error of law — Manifest error of assessment
Language of the case: Slovene
Case T-9/15 Ball Beverage Packaging Europe v EUIPO – Crown Hellas Can (Cans)
Community design — Invalidity proceedings — Registered Community design representing three cans — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Group of articles constituting a single unit — Scope of the description of the registered Community design — Obligation to state reasons — Replacement of a party to the proceedings
Language of the case: German
Case T-262/15 Kiselev v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening Ukraine — Freezing of funds — Restrictions on entry into the territories of the Member States — Natural person actively supporting or implementing actions undermining or threatening Ukraine — Obligation to state reasons — Manifest error of assessment — Freedom of expression — Proportionality — Rights of defence
Language of the case: English
Case T-20/16 M/S. Indeutsch International v EUIPO – Crafts Americana Group (Representation of chevrons between two parallel lines)
EU trade mark — Invalidity proceedings — EU figurative mark representing chevrons between two parallel lines — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Examination of the mark as registered
Language of the case: English
Case T-235/16 GP Joule PV v EUIPO – Green Power Technologies (GPTech)
EU trade mark — Opposition proceedings — Application for the EU figurative trade mark GPTech — Earlier EU word marks GP JOULE — Failure to produce before the Opposition Division proof of entitlement to file a notice of opposition — Proof first produced before the Board of Appeal — Failure to take into account — Discretion of the Board of Appeal — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation (EC) No 207/2009 — Rules 17(4), 19(2), 20(1) and 50(1) of Regulation (EC) No 2868/95
Language of the case: English
Case T-289/16 Inox Mare v Commission
Action for annulment — Regulation (EU, Euratom) No 883/2013 — External investigation conducted by OLAF — Report and recommendations — Measures not amenable to challenge — Inadmissibility
Language of the case: Italian
Case T-236/16 Biogena Naturprodukte v EUIPO (ZUM wohl)
EU trade mark — Application for EU figurative mark ZUM wohl — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Reference to statement submitted to the Board of Appeal reproduced in the application — Evidence annexed to the request for a hearing
Language of the case: German
Case T-151/16 NC v Commission
Grants — OLAF investigation — Finding of irregularities — Commission decision imposing an administrative penalty — Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of 18 months — Registration in the Early Detection and Exclusion System database — Temporal application of various versions of the Financial Regulation — Essential procedural requirements — Retroactive application of the more lenient law
Language of the case: English
Case T-233/16 P Ruiz Molina v EUIPO
Appeal — Civil service — Members of the temporary staff — Contract for a fixed period with a termination clause ending the contract in the event of the temporary staff member’s name not being included on the reserve list of the next open competition — Termination of the contract pursuant to the termination clause — Reclassification of a contract for a fixed period as a contract for an indefinite period — Res judicata — Clause 5(1) of the ETUC-UNICE-CEEP framework agreement on fixed-term work — Obligation to state reasons
Language of the case: French
Case T-343/14 Cipriani v EUIPO – Hotel Cipriani (CIPRIANI)
EU trade mark — Invalidity proceedings — EU word mark CIPRIANI — Absence of bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — No breach of the right to a name of a well-known person — Article 53(2)(a) of Regulation No 207/2009
Language of the case: English
Information (on unpublished decisions)
Case T-647/16 Camerin v Parliament
Civil service — Officials — Secondment in the interests of the service — Retirement age — Request for an extension of the secondment — Rejection of the request — Measure not open to challenge — Preparatory act — Inadmissibility
Case T-11/16 De Masi v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No confirmatory decision — Request for access on the basis of interinstitutional cooperation under Article 230 TFEU — Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council — Act not amenable to review — Manifest inadmissibility
Case T-258/16 Mediterranean Premium Spirits v EUIPO – G-Star Raw (GINRAW)
EU trade mark — Opposition proceedings — Application for the EU word mark GINRAW — Earlier EU word marks RAW — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court — Obligation to state reasons
Case T-341/13 RENV Groupe Léa Nature v EUIPO – Debonair Trading Internacional (SO'BiO ētic)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SO’BiO ētic — Earlier EU and national word marks SO… ? — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Detriment to reputation — Article 8(5) of Regulation No 207/2009
Case T-6/16 AWG v EUIPO – Takko (Southern Territory 23°48'25"S)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark Southern Territory 23°48’25’’S — Earlier EU word mark SOUTHERN — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-141/16 Commission v IEM
Arbitration clause — Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) — Termination of the contract — Reimbursement of sums advanced — Default interest — Default procedure
Case T-294/16 Kaane American International Tobacco v EUIPO – Global Tobacco (GOLD MOUNT)
EU trade mark — Revocation proceedings — EU figurative mark GOLD MOUNT — No genuine use of the trade mark — No proper reasons for non-use — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-326/16 Bundesverband Deutsche Tafel v EUIPO – Tiertafel Deutschland (Tafel)
EU trade mark — Invalidity proceedings — EU word mark Tafel — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Absolute ground for refusal — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 — Descriptive character — Article 65(6) of Regulation No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision
Case T-137/16 Uniwersytet Wrocławski v REA
Action for annulment — Application initiating proceedings — Formal requirements — Party not represented by a lawyer — Manifest inadmissibility
Case T-95/16 Aydin v EUIPO – Kaporal Groupe (ROYAL & CAPORAL)
EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-659/16 LG Electronics v EUIPO (Second Display)
EU trade mark — Application for the EU word mark Second Display — Absolute grounds for refusal — Descriptiveness — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-457/15 Fakro v EUIPO – Saint Gobain Cristalería (climaVera)
EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-302/16 Bay v Parliament
Law governing the Institutions — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance — Article 166 of the Rules of Procedure of the Parliament — Right of access to the file — Error of fact
Case T-541/15 Industrie Aeronautiche Reggiane v EUIPO – Audi (NSU)
EU trade mark — Opposition proceedings — Application for EU word mark NSU — Prior national word mark NSU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T-632/15 Tillotts Pharma v EUIPO – Ferring (OCTASA)
EU trade mark — Opposition proceedings — Application for EU word mark OCTASA — Prior German and Benelux word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-699/15 City Train v EUIPO (CityTrain)
EU trade mark — Application for EU figurative mark CityTrain — Procedural time limit — Unforeseeable circumstances — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009
Case T-286/16 Kneidinger v EUIPO – Topseat International (Toilet lid)
Community design — Invalidity proceedings — Registered Community design representing a toilet lid— Earlier Community design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002
Case T-347/16 Inox Mare v Commission
Action for annulment — Customs Union — Commission decision finding repayment of import duties not justified in a particular case — Action brought by a separate operator — No direct concern — Inadmissibility
Case T-856/16 Rare Hospitality International v EUIPO (LONGHORN STEAKHOUSE)
EU trade mark — Application for EU word mark LONGHORN STEAKHOUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment and the principle of sound administration
Case T-582/16 Vankerckhoven-Kahmann v Commission
Civil service — Officials — Career reconstruction — Refusal to promote — Inter-institutional transfer — Classification in grade — Request within the meaning of Article 90(1) of the Staff Regulations — Reasonable period — Inadmissibility
Case T-152/16 Megasol Energie v Commission
Action for annulment — Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) consigned from Malaysia and Taiwan — Extension to those imports of the definitive anti-dumping duty and definitive countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — No interest in bringing proceedings — Inadmissibility
Case T-179/16 L'Oréal v EUIPO – Guinot (MASTER SMOKY)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SMOKY — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
Case T-180/16 L'Oréal v EUIPO – Guinot (MASTER SHAPE)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SHAPE — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
Case T-181/16 L'Oréal v EUIPO – Guinot (MASTER PRECISE)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
Case T-182/16 L'Oréal v EUIPO – Guinot (MASTER DUO)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DUO — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
Case T-183/16 L'Oréal v EUIPO – Guinot (MASTER DRAMA)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DRAMA — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
Case T-26/17 R Jalkh v Parliament
Interim measures — Law governing the institutions — Member of the European Parliament — Privileges and immunities — Waiver of the parliamentary immunity of a Member of the European Parliament — Application for suspension of operation of a measure — No urgency
Case T-27/17 R Jalkh v Parliament
Interim measures — Institutional law — Member of the European Parliament — Privileges and immunities — Waiver of the parliamentary immunity of a Member of the European Parliament — Application for suspension of operation — No urgency
Case T-13/15 Deutsche Post v EUIPO – Media Logistik (PostModern)
EU trade mark — Opposition proceedings — Application for EU word mark PostModern — Earlier national word mark POST and earlier EU word mark Deutsche Post — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court
Case T-580/15 Flamagas v EUIPO – MatMind (CLIPPER)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a lighter with a lateral fin, featuring the word element CLIPPER — Shape necessary to obtain a technical result — No distinctive character — Article 7(1)(b) and (e)(ii) of Regulation (EC) No 207/2009 — No description of the mark in the application for registration
Case T-89/16 P Clarke and Others v EUIPO
Appeal — Civil service — Temporary staff — Fixed-term contract with a termination clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next open competition — Implementation of the termination clause — Reclassification of a fixed-term contract as a contract of indefinite duration — Duty of care — Legitimate expectation
Case T-327/16 Aldi Einkauf v EUIPO – Fratelli Polli (ANTICO CASALE)
EU trade mark — Invalidity proceedings — EU word mark ANTICO CASALE — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Article 7(1)(b), (c) and (g) and Article 52(1)(a) of Regulation No 207/2009
Case T-685/16 Jiménez Gasalla v EUIPO (B2B SOLUTIONS)
EU trade mark — Application for EU word mark B2B SOLUTIONS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009
Case T-287/15 Tayto Group v EUIPO – MIP Metro (real)
EU trade mark — Revocation proceedings — EU figurative mark real — Genuine use — Form differing in elements which do not alter the distinctive character — Point (a) of the second subparagraph of Article 15(1) of Regulation (EC) No 207/2009 — Use of the mark by a third party — Article 15(2) of Regulation No 207/2009 — Proof of genuine use — Article 15(1) and Article 51(1)(a) of Regulation No 207/2009 — Obligation to state reasons
Case T-333/15 Josel v EUIPO – Nationale-Nederlanden Nederland (NN)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark NN — Earlier national word mark NN — Relative ground for refusal — No genuine use of the earlier mark — Articles 15(1)(a) and 42(2) of Regulation (EC) No 207/2009 — Form differing by elements altering the distinctive character
Case T-470/16 X-cen-tek v EUIPO (Represention of a triangle)
EU trade mark — Application for an EU figurative mark representing a triangle –Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-479/16 Colgate-Palmolive v EUIPO (AROMASENSATIONS)
EU trade mark — Application for EU figurative mark AROMASENSATIONS — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-27/16 United Kingdom v Commission
EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Error of law — Article 3(1) and (3) of Regulation (EC) No 1433/2003 — Article 52(1) and (2) of Regulation (EC) No 1580/2007 — Principle of legality — Legal certainty — Equal treatment — Principle of non-discrimination — Obligation to state reasons
Case T-63/16 E-Control v ACER
Energy — Conditions for access to the network for cross-border exchanges in electricity — National regulatory authorities’ decisions approving the methods of allocation of cross-border transmission capacity — Compatibility with Regulation (EC) No 714/2009 — Opinion of ACER — Definition of a decision open to appeal before ACER — Article 19 of Regulation (EC) No 713/2009 — Decision of the Board of Appeal of ACER dismissing the appeal as inadmissible — Error of law — Failure to state reasons
Joined Cases T-427/16 to T-429/16 Martín Osete v EUIPO – Rey (AN IDEAL WIFE and Others)
EU trade mark — Revocation proceedings — EU word marks AN IDEAL WIFE, AN IDEAL LOVER and AN IDEAL HUSBAND — No genuine use of the marks — Article 51(1)(a) of Regulation (EC) No 207/2009 — No proper reason for non-use
Case T-448/16 Mr. Kebab v EUIPO – Mister Kebap (Mr. KEBAB)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Mr. KEBAB — Earlier Spanish figurative mark MISTER KEBAP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
July 2017
Case T-117/17 R Proximus v Council
Interim measures — Public procurement — Negotiated procedure — Application for interim measures — No urgency
Language of the case: English
Case T-234/15 Systema Teknolotzis v Commission
Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreements for the PlayMancer, Mobiserv and PowerUp projects — Article 299 TFEU — Enforceable decision — Actions for annulment — Challengeable act — Admissibility — Proportionality — Duty of diligence — Obligation to state reasons
Language of the case: Greek
Case T-392/15 European Dynamics Luxembourg and Others v European Union Agency for Railways
Public service contracts — Tendering procedure — External Service Provision for development, studies and support for information systems for the European Union Agency for Railways — Ranking of a tenderer’s bid — Rejection of the tenderer’s bid — Duty to state reasons — Abnormally low tender
Language of the case: Greek
Case T-215/15 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintaining the applicant’s name on the list – Obligation to state reasons — Rights of defence — Right to property — Right to pursue an economic activity — Proportionality — Misuse of powers — Principle of good administration — Manifest error of assessment
Language of the case: German
Case T-527/14 Rosenich v EUIPO
Internal market — Decision of EUIPO rejecting a request for inclusion on the list of professional representatives — Condition relating to the existence of a place of business within the European Union — Article 93(2)(b) of Regulation (EC) No 207/2009 — Freedom to provide services — Article 36 of the EEA Agreement — Consistent interpretation
Language of the case: German
Case T-348/16 OP-R Aristoteleio Panepistimio Thessalonikis v ERCEA
Application for interim measures — Arbitration clause — Judgment by default — Application for a stay of execution of the judgment — Lack of jurisdiction
Language of the case: Greek
Case T-389/16 AIA v EUIPO – Casa Montorsi (MONTORSI F. & F.)
EU trade mark — Invalidity proceedings — European Union word mark MONTORSI F. & F. — Earlier national word mark Casa Montorsi — Relative ground for invalidity — Likelihood of confusion — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 — Agreement on coexistence of the marks — Scope — Article 53(3) of Regulation No 207/2009
Language of the case: Italian
Case T-45/16 Alfonso Egüed v EUIPO – Jackson Family Farms (BYRON)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BYRON — Earlier non-registered trade mark BYRON — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Rules governing common-law actions for passing-off — Goodwill — Proof of the acquisition and continued existence of the earlier right
Language of the case: English
Case T-57/16 Chanel v EUIPO – Jing Zhou and Golden Rose 999 (Ornament)
Community design — Invalidity proceedings — Registered Community design representing ornamentation — Earlier design — Ground for invalidity — No individual character — Product at issue — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Spanish
Case T-347/14 INTP Yanukovych v Council
Procedure — Interpretation of an order
Language of the case: English
Case T-752/14 Combaro v Commission
Customs union — Association Agreement between the European Community and the Republic of Latvia — Article 239 of Regulation (EEC) No 2913/92 — Reimbursement and remission of import duties — Imports of linen fabrics from Latvia — Fairness clause — Special situation — Deception or obvious negligence — Commission decision finding that the remission of import duties is not justified
Language of the case: German
Case T-644/14 ADR Center v Commission
Financial aid — General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 — Specific Programme ‘Civil Justice’ — Action for annulment — Enforceable decision — Article 299 TFEU — Powers of the author of the act — Principle of sound administration — Application for an order directing the Commission to pay the balance due under the grant agreements — Partial reclassification of the action — Arbitration clause — Jurisdiction of the General Court — Eligible costs
Language of the case: English
Case T-619/15 Badica and Kardiam v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities in view of the situation in the Central African Republic — Freezing of funds — Initial listing decision — List of persons and entities to which the freezing of funds and economic resources applies — Inclusion of the applicants’ names — Implementation of a UN resolution — Obligation to state reasons — Rights of defence — Presumption of innocence — Manifest error of assessment
Language of the case: French
Case T-849/16 R PGNiG Supply & Trading v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation — Commission decision amending the exemption from the EU requirements — Application for a stay of execution of a measure — Lack of any urgency
Language of the case: Polish
Case T-883/16 R Poland v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL gas pipeline from EU operating requirements — Commission decision amending the exemption from EU requirements — Application for stay of execution — No urgency
Language of the case: Polish
Case T-130/17 R Polskie Górnictwo Naftowe i Gazownictwo v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation — Commission decision amending the exemption from the EU requirements — Application for a stay of execution of a measure — Lack of any urgency
Language of the case: Polish
Information (on unpublished decisions)
Case T-666/16 P De Nicola v EIB
Appeal — EIB staff — Appraisal — Career development report — 2013 staff report — Application for annulment of the decision of the Appeals Committee and of the decision not to promote the applicant — Psychological harassment — Claim for damages
Case T-669/16 P De Nicola v EIB
Appeal — EIB staff — Sickness insurance — Refusal to reimburse medical expenses — Laser therapy — Action for annulment and damages
Case T-81/16 Pirelli Tyre v EUIPO (A pair of curved strips positioned on the side of a tyre)
EU trade mark — Application for an EU trade mark consisting of a pair of curved strips on the side of a tyre — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76 of Regulation No 207/2009
Case T-90/16 Murphy v EUIPO – Nike Innovate (Electronic wristband)
Community design — Invalidity proceedings — Registered Community design representing an electronic wristband — Prior Community design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002
Case T-118/17 R IDDE v Parliament
Interim proceedings — Institutional law — European Parliament — Decision awarding a grant to a political foundation — Suspension of prefinancing — Obligation to provide a bank guarantee — Application for interim measures — No urgency
Case T-3/16 Allstate Insurance v EUIPO (DRIVEWISE)
EU trade mark — Application for registration of the EU word mark DRIVEWISE — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) and 7(2) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009
Case T-306/16 Gamet v EUIPO – "Metal-Bud II" Robert Gubała (Door handle)
Community design — Invalidity proceedings — Registered Community design representing a door handle — Earlier design — Ground for invalidity — No individual character — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Evidence submitted in support of the opposition after the expiry of the prescribed period — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 63 of Regulation No 6/2002
Case T-74/14 France v Commission
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Re-opening of the formal investigation procedure — Obligation to state reasons
Case T-1/15 SNCM v Commission
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Social policy of the Member States — Re-opening of the formal investigation procedure — Obligation to state reasons — Equal treatment — Article 41 of the Charter of Fundamental Rights
Case T-506/16 Bodson and Others v EIB
Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the system of remuneration and salary progression — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB
Case T-508/16 Bodson and Others v EIB
Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the bonus scheme — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB — Equal treatment
Case T-221/15 Arbuzov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Principle of sound administration — Rights of defence — Duty to state reasons — Manifest error of assessment — Right to property
Case T-359/16 Axel Springer v EUIPO – Stiftung Warentest (TestBild)
EU trade mark — Opposition proceedings — Application for an EU word mark TestBild — Earlier national figurative marks test — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Inherent distinctive character — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-67/14 Viraj Profiles v Council
Dumping — Imports of certain stainless steel wires originating in India — Determination of the cost of production — Selling, General and Administrative costs — Obligation to state reasons — Injury — Causal link — Complaint — Opening of the investigation — Manifest error of assessment
Case T-623/15 Lidl Stiftung v EUIPO (JEDE FLASCHE ZÄHLT!)
EU trade mark — Application for EU figurative mark JEDE FLASCHE ZÄHLT! — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-406/16 Dogg Label v EUIPO – Chemoul (JAPRAG)
EU trade mark — Invalidity proceedings — EU word mark JAPRAG — Earlier national figurative mark JAPAN-RAG — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-157/15 Estonia v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Estonia — Cross compliance — Obligation to state reasons — Proportionality — Principle of sound administration — Legal certainty
Case T-634/15 Frinsa del Noroeste v EUIPO – Frigoríficos Unidos (Frinsa LA CONSERVERA)
EU trade mark — Opposition proceedings — Application for EU figurative mark Frinsa LA CONSERVERA — Earlier EU figurative mark FRIUSA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-371/17 R Qualcomm and Qualcomm Europe v Commission
Interim proceedings — Competition — Antitrust — Regulation (EC) No 1/2003 — Article 18(3) — Decision requesting information — Application for interim measures — No urgency
Case T-767/14 Boomkwekerij van Rijn-de Bruyn v CPVO – Artevos and Dachverband Kulturpflanzen- und Nutztiervielfalt (Oksana)
New varieties of plants — Community plant variety rights — Application for a Community plant variety right for the pear variety Oksana — Objections — Rejection of the application by the Board of Appeal of the CPVO — Article 10 of Regulation (EC) No 2100/94 — Novelty of the candidate variety — Lack of evidence
Case T-65/15 Talanton v Commission
Arbitration clause — Pocemon contract — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Recovery of sums paid — Abuse of contractual rights — Principle of good faith — Legitimate expectations — Burden of proof — Counterclaim
Case T-519/15 myToys.de v EUIPO – Laboratorios Indas (myBaby)
EU trade mark — Opposition proceedings — Application for EU figurative mark myBaby — Earlier EU word, and EU figurative and national word marks MAYBABY, May BaBy and MAY BABY — Ancillary appeal — Article 8(3) of Regulation (EC) No 216/96 — Merely confirmatory decision — Inadmissibility
Case T-150/16 Ecolab USA v EUIPO (ECOLAB)
EU trade mark — International registration designating the European Union — Word mark ECOLAB — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-189/16 Migros-Genossenschafts-Bund v EUIPO – Luigi Lavazza (CReMESPRESSO)
EU trade mark — Invalidity proceedings — EU figurative mark CReMESPRESSO — Earlier international word mark CREMESSO — Allusive element — Interdependence of criteria — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-348/16 OP Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Application to have a judgment set aside — Stay of execution of a judgment by default — Interlocutory judgment
Case T-607/16 OZ v EIB
Civil service — EIB staff — Sexual harassment — Investigation procedure — Investigation Panel’s report — Decision of the President of the EIB not to act on the complaint — No unlawful conduct by the EIB — Liability
Case T-650/16 LG Electronics v EUIPO (QD)
EU trade mark — Application for the EU word mark QD — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-125/17 R BASF Grenzach v ECHA
Interim measures — REACH — Substance triclosan — Evaluation procedure — Decision of the Board of Appeal of the ECHA — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency
Case T-55/15 Certified Angus Beef v EUIPO – Certified Australian Angus Beef (CERTIFIED AUSTRALIAN ANGUS BEEF)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CERTIFIED AUSTRALIAN ANGUS BEEF — Earlier well-known figurative and word marks SINCE 1978 CERTIFIED ANGUS BEEF BRAND and CERTIFIED ANGUS BEEF BRAND — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-194/16 Klassisk investment v EUIPO (CLASSIC FINE FOODS)
EU trade mark — International registration designating the European Union — Figurative mark CLASSIC FINE FOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-214/16 Sata v EUIPO (4600)
EU trade mark — Sign composed exclusively of numerals — Application for an EU word mark 4600 — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-223/16 Massive Bionics v EUIPO – Apple (DriCloud)
EU trade mark — Opposition proceedings — Application for the EU figurative mark DriCloud — Earlier international word marks ICLOUD — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Submission of evidence out of time — Article 76(2) of Regulation No 207/2009
Case T-758/15 EDF Toruń v ECHA
REACH — Fee for registration of a substance — Reduction granted to SMEs — Error in the declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Legitimate expectations — Proportionality — Calculation criteria of the amount of the administrative charge
Case T-110/16 Savant Systems v EUIPO – Savant Group (SAVANT)
EU trade mark — Revocation proceedings — EU word mark SAVANT — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-243/16 Freddo v EUIPO – Freddo Freddo (Freggo)
EU trade mark — Opposition proceedings — Application for registration of the figurative EU trade mark ‘freggo’ — Earlier EU figurative trade mark ‘TENTAZIONE FREDDO FREDDO’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-695/16 P Commission v RN
Appeal — Civil Service — Officials — Surviving spouse — Pensions — Survivor’s pension — Article 20 of Annex VIII to the Staff Regulations — Conditions for eligibility — Error of law
Case T-812/14 BPC Lux 2 and Others v Commission
Action for annulment — State aid — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo — Creation and capitalisation of a Bridge Bank — Decision declaring the aid compatible with the internal market — No interest in bringing proceedings — Inadmissibility
Case T-742/15 P DD v FRA
Appeal — Civil service — Members of the temporary staff — Contract of indefinite duration — Disciplinary penalty — Reprimand — Termination of contract — Right to be heard — Non-material harm
Case T-423/16 De Masi v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council — Response to initial requests after an equitable arrangement — No confirmatory decision — Inadmissibility
Case T-432/16 Lackmann Fleisch- und Feinkostfabrik v EUIPO (медведь)
EU trade mark — Application for EU figurative mark медведь — Absolute ground for refusal — No distinctive character — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-464/16 P HI v Commission
Appeal — Civil service – — Project funded by the European Union — Conflict of interest — Disciplinary action — Downgrading — Dismissal of the action at first instance — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-510/16 Dessi v EIB
Civil Service — EIB staff — Appraisal — Promotion — Appraisal and promotion year 2012 — Decision of the Appeal Committee — Scope of review — Staff representatives — Discrimination
Case T-699/16 P Parliament v Meyrl
Appeal — Civil Service — Members of the temporary staff — Contested decision annulled at first instance — Dismissal — Right to be heard — Principle of sound administration — Duty of care — Manifest error of assessment — Abuse of power
Case T-716/16 Pfizer and Pfizer santé familiale v Commission
Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those tariff subheadings — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-143/15 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Decoupled direct aid in the claim years 2008 and 2009 — Failings in the control system — Assessment of control samples — Burden of proof — Aid for rural development in the Autonomous Community of Castilla y León in the claim years 2009 and 2010 — On-the-spot checks — Key controls — Proportionality
Case T-521/15 Diesel v EUIPO – Sprinter megacentros del deporte (Representation of a curved and angled line)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a curved and angled line — Earlier EU figurative mark representing a capital letter ‘D’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-612/15 Basic Net v EUIPO (Representation of three vertical stripes)
European Union trade mark — Application for an EU figurative mark representing three vertical stripes — Absolute ground for refusal — Not distinctive — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T-148/16 P Barnett and Mogensen v Commission
Appeal — Cross-appeal — Civil Service — Officials — Pensions — Adaptation of weightings — Interim update — Adversely affecting act — Admissibility of the cross-appeal — Article 65(4) of the Staff Regulations — Update for 2014 — Sensitivity threshold concerning progression of the cost of living
Case T-287/16 Belgium v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Belgium — Export refunds — No recovery resulting from negligence attributable to a body of a Member State — Non-exhaustion of all possible remedies — Proportionality
Case T-309/16 Cafés Pont v EUIPO – Giordano Vini (Art's Cafè)
EU trade mark — Revocation proceedings — EU figurative trade mark Art’s Cafè — Genuine use of the mark — Article 15(1) and Article 51(1) of Regulation (EC) No 207/2009
Case T-395/16 Windfinder R&L v EUIPO (Windfinder)
European Union trade mark — Application for the EU word mark Windfinder — Absolute grounds for refusal — No distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009– Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for — Power to alter decisions
Case T-780/16 Mediaexpert v EUIPO – Mediaexpert (mediaexpert)
EU trade mark — Invalidity proceedings — EU figurative mark mediaexpert — Earlier national word mark mediaexpert — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence of the existence, validity and scope of protection of the earlier mark — Registration certificate for the earlier mark — Translation — Rules 37 to 39 and Rule 98(1) of Regulation (EC) No 2868/95 — Legitimate expectations
Case T-244/17 R António Conde & Companhia v Commission
Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest
Case T-131/17 R Argus Security Projects v EEAS
Interim measures — EEAS — Recovery by offsetting — Application for interim measures — Financial loss — Duty of care — No urgency
August 2017
Information (on unpublished decisions)
Case T-47/16 R Sigma Orionis v REA
Application for interim measures — Arbitration clause — Horizon 2020 Framework Program for Research and Innovation — Decision to suspend payments and terminate grant contracts following a financial audit — Amounts allegedly due by the REA in the context of the implementation of the grant contracts — Claim for damages — Application for suspension of operation of a measure — Lack of urgency — Balancing of interests
Case T-48/16 R Sigma Orionis v Commission
Application for interim measures — Arbitration clause — Seventh Framework Programme of the European Community (2007-2013) and Horizon 2020 Framework Program for Research and Innovation — Decision to suspend payments and terminate grant contracts following a financial audit — Amounts allegedly due by the Commission in the context of the implementation of the grant contracts — Claim for damages — Application for suspension of operation of a measure — Lack of urgency — Balancing of interests
Case T-653/16 R Malta v Commission
Interim measures — Access to documents — Regulation (EC) No 1049/2001 — Common fisheries policy — Regulation (EC) No 1224/2009 — Documents exchanged by Malta and the Commission — Access granted to Greenpeace — Application for suspension of operation — Prima facie case — Balancing of interests
Case T-451/17 R Verband der Deutschen Biokraftstoffindustrie v Commission
Application for interim measures — Calculation of greenhouse gas emissions — Biodiesel — European Commission Communication BK/abd/ener.c.1(2017)2122195 — Application for suspension of operation of a measure — No urgency
September 2017
Case T-374/15 VM v EUIPO – DAT Vermögensmanagement (Vermögensmanufaktur)
EU trade mark — Invalidity proceedings — EU word mark Vermögensmanufaktur — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Language of the case: German
Case T-671/14 Bayerische Motoren Werke v Commission
State aid — Regional investment aid — Aid granted by Germany to BMW for a large investment project in Leipzig concerning the production of two models of electric cars (i3 and i8) — Decision declaring the aid partly compatible and partly incompatible with the internal market — Article 107(3)(c) TFEU — Article 108(2) and (3) TFEU — Incentive effect of the aid — Whether the aid is necessary
Language of the case: German
Case T-119/10 Netherlands v Commission
Actions for annulment — ERDF — Reduction of financial assistance — Programme Interreg II/C ‘Rhine-Meuse flood protection’ — Non-compliance with the period prescribed for the adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Language of the case: Dutch
Joined Cases T-504/16 and T-505/16 Bodson and Others v EIB
Civil service — EIB staff — Remuneration — Annual adjustment of the scale of basic salaries — Calculation method — Economic and financial crisis
Language of the case: French
Case T-734/15 P Commission v FE
Appeal — Civil service — Officials — Open competition — Inclusion on reserve list — Decision of the appointing authority not to recruit a successful candidate — Respective competences of the selection board and the appointing authority — Conditions of admission to the competition — Minimum duration of professional experience — Rules for calculation — Loss of a chance of recruitment — Claim for damages
Language of the case: French
Case T-585/16 Skareby v EEAS
Civil service — Officials — Freedom of expression — Duty of loyalty — Serious prejudice to the legitimate interests of the Union — Refusal of permission to publish an article — Request that the text be amended — Article 17a of the Staff Regulations — Subject matter of the action — Decision rejecting the administrative complaint
Language of the case: English
Case T-350/13 Jordi Nogues v EUIPO – Grupo Osborne (BADTORO)
EU trade mark — Opposition proceedings — Application for EU figurative mark BADTORO — Earlier EU word and national figurative marks TORO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
Case T-386/15 Jordi Nogues v EUIPO – Grupo Osborne (BADTORO)
EU trade mark — Opposition proceedings — Application for EU figurative mark BADTORO — Earlier EU figurative and word marks TORO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95
Language of the case: Spanish
Case T-609/15 Repsol YPF v EUIPO – Basic (BASIC)
EU trade mark — Invalidity proceedings — EU figurative mark BASIC — Earlier national trade names basic and basic AG — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Language of the case: English
Information (on unpublished decisions)
Case T-451/15 AlzChem v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Overriding public interest
Case T-572/15 Aldi v EUIPO – Rouard (GOURMET)
EU trade mark — Opposition proceedings — Application for EU figurative mark GOURMET — Prior EU figurative mark ORIGINE GOURMET — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2968/95
Case T-578/16 Gillet v Commission
Civil service — Contract staff — Former employed worker under Belgian law — Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 — Recalculation of the amount of the allowance by the administration in the context of an update of management procedures — Act adversely affecting an official or other member of staff — Act which is merely confirmatory — Obligation to state reasons — Recovery of sums overpaid
Case T-411/10 RENV Laufen Austria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision establishing an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Fines — Fine imposed jointly and severally on a parent company and its subsidiary — Ceiling of 10% of turnover — Calculation of the ceiling on the basis solely of the turnover of the subsidiary for the period of the infringement prior to its acquisition by the parent company
Case T-678/16 P Siragusa v Council
Appeal — Civil Service — Officials — Leaving the service — Request to retire — Amendment of the Staff Regulations after that request had been made — Withdrawal of an earlier decision — Legal classification of the contested decision
Case T-97/09 Germany v Commission
Actions for annulment — FEDER — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-21/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Case T-104/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — RESIDER II programme — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-109/10 Luxembourg v Commission
Actions for annulment — FEDER –Reduction in financial aid — Programme Interreg II / ‘Rhine/Meuse Flooding’ — Non-compliance with time-limit for adopting a decision — Infringement of essential procedural requirements — Action clearly well-founded
Case T-114/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — Programme Interreg II/C programme ‘Rhine-Meuse flood’ — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-116/10 Germany v Commission
Action for annulment — ERDF — Reduction of financial assistance — North Rhine-Westphalia Programme — Failure to comply with the time-limit for adopting a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-393/15 Università del Salento v Commission
Arbitration clause — General Programme ‘Fundamental Rights and Justice’ — Specific programme ‘Criminal Justice’ — Recovery of sums paid by the Commission under a grant agreement — Set-off of amounts owed — Partial reclassification of the action — Application for a declaration of no contractual claim
Case T-751/15 Contact Software v Commission
Competition — Abuse of a dominant position — Markets for computer-aided design software and for interface information about that software — Decision to reject a complaint — Relevant market –Manifest error of assessment — No EU interest
Case T-103/16 Aldi Einkauf v EUIPO – Weetabix (Alpenschmaus)
EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-276/16 Viridis Pharmaceutical v EUIPO – Hecht-Pharma (Boswelan)
EU trade mark — Revocation proceedings — EU word mark Boswelan — Declaration of revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 — Absence of genuine use of a trade mark — No proper reasons for non-use
Case T-305/16 Lidl Stiftung v EUIPO – Primark Holdings (LOVE TO LOUNGE)
EU trade mark — Invalidity proceedings — EU word mark LOVE TO LOUNGE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Examination of the facts by EUIPO of its own motion — Article 76 of Regulation No 207/2009
Case T-421/16 sheepworld v EUIPO (Beste Oma)
EU trade mark — Application for EU word mark Beste Oma — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-422/16 sheepworld v EUIPO (Beste Mama)
EU trade mark — Application for EU word mark Beste Mama — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-449/16 sheepworld v EUIPO (Bester Opa)
EU trade mark — Application for EU word mark Bester Opa — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-450/16 sheepworld v EUIPO (Beste Freunde)
EU trade mark — Application for EU word mark Beste Freunde — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-451/16 sheepworld v EUIPO (Bester Papa)
EU trade mark — Application for EU word mark Bester Papa — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-452/16 sheepworld v EUIPO (Beste Freundin)
EU trade mark — Application for EU word mark Beste Freundin — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Cases T-107/15 and T-347/15 Uganda Commercial Impex v Council
Common foreign and security policy — Restrictive measures taken against the Democratic Republic of the Congo — Freezing of funds — List of the persons, entities and bodies acting in breach of the embargo with regard to the Democratic Republic of the Congo — Maintenance of the applicant’s name on the list
Case T-86/16 Codorníu v EUIPO – Bodegas Altun (ANA DE ALTUN)
EU trade mark — Opposition proceedings — Application for EU figurative mark ANA DE ALTUN — Earlier national figurative mark ANNA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-327/15 Greece v Commission
EAGGF — Guidance Section — Reduction of financial assistance — Operational programme — Legal basis — Transitional provisions — Application of financial corrections after the programming period concerned — Infringement of essential procedural requirements — Failure to comply with the time-limit for adopting a decision — Rights of the defence — Right to be heard — Legal certainty — Legitimate expectations — Ne bis in idem — Proportionality
Case T-768/15 RP Technik v EUIPO – Tecnomarmi (RP ROYAL PALLADIUM)
EU trade mark — Opposition proceedings — EU figurative mark RP ROYAL PALLADIUM — Earlier EU word mark RP — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-315/16 Tamasu Butterfly Europa v EUIPO – adp Gauselmann (Butterfly)
EU trade mark — Opposition proceedings — Application for EU word mark Butterfly — Earlier EU word mark and national trade name Butterfly — Relative grounds for refusal — Article 8(1)(b) and (4) and (5) of Regulation (EC) No 207/2009
Case T-244/17 RII António Conde & Companhia v Commission
Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest
Case T-402/16 Berliner Stadtwerke v EUIPO (berlinGas)
EU trade mark — Application for EU word mark berlinGas — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
Case T-719/16 Berliner Stadtwerke v EUIPO (berlinWärme)
EU trade mark — Application for EU word mark berlinWärme — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
Case T-214/15 Novartis v EUIPO – Meda (Zymara)
EU trade mark — Opposition proceedings — Application for the EU word mark Zymara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T-238/15 Novartis v EUIPO – Meda (Zimara)
EU trade mark — Opposition proceedings — Application for the EU word mark Zimara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009 — Obligation to decide on the entirety of the appeal — First sentence of Article 64(1) of Regulation No 207/2009
Case T-87/16 Eurofast v Commission
Financial assistance — Seventh Framework Programme for research, technological development and demonstration activities — ASSET Convention — Decision to recover by offsetting certain sums paid following a financial audit — Action for annulment — Legitimate expectations — Arbitration clause — Deadline for providing the audit report — Adversarial principle — Eligibility of costs — Contractual liability
Case T-261/16 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1290/2005 — Direct support scheme for farmers — Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 — Milk quota system — Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 — Replacement of on-the-spot checks of agricultural holdings by administrative checks
Case T-620/16 The Logistical Approach v EUIPO – Idea Groupe (Idealogistic)
European trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic — Earlier national word mark idéa logistique — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) Regulation (EC) No 207/2009 — Examination of the facts of EUIPO’s own motion — Article 76(1) of Regulation No 207/2009
Case T-789/16 InvoiceAuction B2B v EUIPO (INVOICE AUCTION)
EU trade mark — Application for the figurative EU trade mark INVOICE AUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-586/15 Nara Tekstil Sanayi Ve Ticaret v EUIPO – NBC Fourth Realty (NaraMaxx)
EU trade mark — Opposition proceedings — Application for the EU figurative mark NaraMaxx — Earlier national word mark MAXX — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-682/15 P Wanègue v Comittee of the Regions
Appeal — Civil service — Officials — Working conditions — Overtime — Chauffeur in grade AST 6 — Withdrawal of entitlement to the fixed allowance for overtime — Equality of arms — Obligation to state reasons — Errors in law — Distortion of the facts
Case T-454/16 Arrigoni v EUIPO – Arrigoni Battista (Arrigoni Valtaleggio)
European Union trade mark — Proceedings for a declaration of invalidity — International registration designating the European Union — Figurative mark Arrigoni Valtaleggio — Earlier national figurative mark ARRIGONI - Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
Case T-501/16 RENV D'Agostino v Commission
Civil Service — Contractual staff — Article 3a of the CEOS — Contract not renewed — Articles 12a and 24 of the Staff Regulations — Duty of care — Interest of the service
Case T-564/10 RENV Quimitécnica.com and de Mello v Commission
Competition — Agreements, decisions and concerted practices — European market for animal feed phosphates — Fine imposed jointly and severally following a settlement procedure — Payment in instalments — Decision requiring the provision of a bank guarantee from a bank with a long-term ‘AA’ credit rating — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Proportionality
Case T-83/16 Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO – ING-DIBa (WIDIBA)
EU trade mark — Opposition proceedings — Application for EU word mark WIDIBA — Earlier national word mark DiBa — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Request for restitutio in integrum — Duty of care
Case T-84/16 Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO – ING-DIBa (widiba)
EU trade mark — Opposition proceedings — Application for EU figurative mark widiba — Earlier national word mark DiBa — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Request for restitutio in integrum — Duty of care
Case T-297/16 P Gyarmathy v EMCDDA
Appeal — Civil service — Temporary staff — EMCDDA staff — Decision not to renew a contract of employment — Termination of the contract — Psychological harassment — Request for assistance — Administrative inquiry — Impartiality of the inquiry
Case T-562/16 Hanschmann v Europol
Civil Service — Europol — Non-renewal of a contract — Refusal to award a contract for an indefinite period — Compensation — Annulment by the Civil Service Tribunal — Enforcement of the judgments in Cases F‑27/09 and F‑104/12
Case T-563/16 Knöll v Europol
Civil Service — Europol — Non-renewal of a contract — Refusal to award a contract for an indefinite period — Compensation — Annulment by the Civil Service Tribunal — Enforcement of the judgments in Cases F‑27/09 and F‑104/12
Case T-717/16 Waldhausen v EUIPO (Representation of the silhouette of a horse’s head)
EU trade mark — Application for EU figurative mark representing the silhouette of a horse’s head — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-755/16 La Rocca v EUIPO (Take your time Pay After)
European Union trade mark — Application for figurative EU trade mark Take your time Pay After — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009
Case T-443/17 R António Conde & Companhia v Commission
Application for interim measures — Fishing vessels — Regional fisheries management organisation for the North-East Atlantic — Application for interim measures — No urgency
Case T-579/17 R Wall Street Systems UK v ECB
Application for interim measures — Public service contracts — Tendering procedure — Provision of a treasury management system — Rejection of one tenderer’s bid and award of the contract to another tenderer — Application for suspension of operation of a measure — No urgency
Case T-765/15 BelTechExport v Council
Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Suspension of measures — Obligation to state reasons — Rights of defence — Right to be heard — Error of assessment
Case T-366/16 Gaki v Europol
Action for annulment and damages — Failure to comply with procedural requirements — Applications seeking an injunction — Manifest inadmissibility — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
Case T-737/14 R Vnesheconombank v Council
Application for interim measures — Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Application for the suspension of operation of measures — No urgency
Case T-138/15 Aanbestedingskalender and Others v Commission
State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest
Case T-206/16 Bodegas Verdúguez v EUIPO (TRES TOROS 3)
EU trade mark — Application for EU word mark TRES TOROS 3 — Absolute ground for refusal — Trade mark for wine containing a geographical indication — Article 7(1)(j) of Regulation (EC) No 207/2009
Case T-207/16 Aristoteleio Panepistimio Thessalonikis v Commission
Action for annulment — Measures never having been adopted — Request for a declaration that there is no need to adjudicate — Request that the application be interpreted as referring to a measure other than the contested measures — Dismissal — Manifest inadmissibility
Joined Cases T-495/16 RENV I and T-495/16 RENV II Hristov v Commission and EMA
Civil Service — Appointment — Position of executive director of a regulatory agency — EMA — Selection and appointment procedure — Composition of the pre-selection panel — Impartiality — Assessment criteria — Appointment of another candidate — Res judicata
Case T-779/16 Rühland v EUIPO – 8 seasons design (Lamp in the form of a star)
Community design — Invalidity proceedings — Registered Community design representing a lamp in the form of a star — Earlier Community design — Ground of invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-211/17 R Amplexor Luxembourg v Commission
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
October 2017
Case T-175/15 Mabrouk v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Continued listing of the applicant’s name — Inadequate factual basis — Manifest error of assessment — Error of law — Right to property — Principle of good administration — Obligation to adjudicate within a reasonable time — Presumption of innocence — Request for modification — Confirmatory measure — Inadmissibility
Language of the case: English
Case T-435/15 Kolachi Raj Industrial v Commission
Dumping — Import of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Implementing Regulation (EU) 2015/776 — Article 13(2)(a) and (b) of Regulation (EC) No 1225/2009 — Assembly operations — Provenance and origin of bicycle parts — Certificates of origin — Insufficient evidentiary value — Manufacturing costs of bicycle parts
Language of the case: English
Case T-170/16 Guardian Glass España, Central Vidriera v Commission
Actions for annulment — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility
Language of the case: Spanish
Case T-316/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-554S)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑554S — Earlier non-registered national word mark SDC‑554S — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001)
Language of the case: English
Case T-712/14 CEAHR v Commission
Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Selective repair system — Refusal of Swiss watch manufacturers to supply spare parts to independent watch repairers — Primary market and aftermarket — Elimination of all effective competition — Decision rejecting a complaint
Language of the case: English
Case T-26/16 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Irregularities in the determination of amounts owed — Delays in the procedure for recovery of amounts owed — Failure to offset between funds — Determination of the amount of interest — Proportionality — Flat-rate financial correction — Articles 31 to 33 of Regulation (EC) No 1290/2005 — Individual situations
Language of the case: Greek
Case T-704/14 Marine Harvest v Commission
Competition — Concentrations — Decision imposing a fine for putting into effect a concentration prior to its notification and authorisation — Article 4(1), Article 7(1) and (2) and Article 14 of Regulation (EC) No 139/2004 — Negligence — Principle ne bis in idem — Gravity of the infringement — Amount of the fine
Language of the case: English
Case T-601/16 Paraskevaidis v Cedefop
Civil Service — Officials — Cedefop — Promotion — 2015 Promotion exercise — Decision not to promote the applicant to Grade AD 12 — Articles 44 and 45 of the Staff Regulations — Comparison of the merits — Duty to state reasons — Implied rejection of the complaint — Liability
Language of the case: French
Case T-844/16 Alpirsbacher Klosterbräu Glauner v EUIPO (Klosterstoff)
EU trade mark — Application for EU word mark Klosterstoff — Absolute grounds for refusal — Descriptive character — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001) — Previous EUIPO practice
Language of the case: German
Information (on unpublished decisions)
Case T-695/15 BMB v EUIPO – Ferrero (Container for sweets)
Community design — Invalidity proceedings — Registered Community design representing a container for sweets — Earlier international three-dimensional mark — Shape of a standard container which can be filled with sweets — Likelihood of confusion — Application of national law — Article 25(1)(e) of Regulation (EC) No 6/2002 — Article 62 and Article 63(1) of Regulation No 6/2002
Case T-453/16 Ellinikos Syndesmos Epicheiriseon gia ti Diacheirisi ton Diethnon Protypon GS1 v EUIPO – 520 Barcode Hellas (520Barcode Hellas)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 520Barcode Hellas — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Identification of the nature of the sign cited in opposition — Other earlier sign 520 — Identification of the goods and services on which the opposition is based
Case T-656/16 PM v ECHA
REACH — Fee due for the registration of a substance — Reduction granted to SMEs — Determination of the size of the undertaking — ECHA’s verification of the undertaking’s declaration — Request for evidence demonstrating the status of a SME — Decision imposing an administrative charge
Case T-411/15 Gappol Marzena Porczyńska v EUIPO – Gap (ITM) (GAPPoL)
EU trade mark — Opposition proceedings — Application for the EU figurative mark GAPPOL — Earlier EU word mark GAP — Cross-appeal — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation — Article 8(5) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-126/16 1. FC Köln v EUIPO (SPÜRBAR ANDERS.)
EU trade mark — Application for the EU word mark SPÜRBAR ANDERS. — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)
Case T-143/16 Intesa Sanpaolo v EUIPO – Intesia Group Holding (INTESA)
EU trade mark — Revocation proceedings — EU word mark INTESA — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 — No genuine use of the trade mark
Case T-149/15 Ben Ali v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Action for annulment — Admissibility — Legal basis — Reinclusion of the applicant’s name on the basis of new grounds — Obligation to state reasons – Factual basis – Right to property – Proportionality
Case T-336/16 Versace 19.69 Abbigliamento Sportivo v EUIPO – Gianni Versace (VERSACE 19.69 ABBIGLIAMENTO SPORTIVO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark VERSACE 19.69 ABBIGLIAMENTO SPORTIVO — Earlier EU word mark VERSACE — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-337/16 Versace 19.69 Abbigliamento Sportivo v EUIPO – Gianni Versace (VERSACCINO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark VERSACCINO — Earlier EU word mark VERSACE — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-36/17 Forest Pharma v EUIPO – Ipsen Pharma (COLINEB)
EU trade mark — Opposition proceedings — Application for EU word mark COLINEB — Earlier national figurative mark Colina — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Article 76(1) of Regulation No 207/2009
Case T-139/16 SDSR v EUIPO – Berghaus (BERG OUTDOOR)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark BERG OUTDOOR — Earlier EU word marks BERGHAUS — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-176/16 Kofola ČeskoSlovensko v EUIPO – Mionetto (UGO)
EU trade mark — Opposition proceedings — Application for EU figurative mark UGO — Earlier EU figurative mark il UGO ! — Partial surrender of the earlier mark — 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)
Case T-184/16 NRJ Group v EUIPO – Sky International (SKY ENERGY)
EU trade mark — Opposition proceedings — Application for the EU word mark SKY ENERGY — Earlier EU word mark NRJ — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-386/16 Falegnameria Universo dei F.lli Priarollo v EUIPO – Zanini Porte (silente PORTE & PORTE)
EU trade mark — Revocation proceedings — EU figurative mark silente PORTE & PORTE — Genuine use — Place of use — Nature of use — Use by third parties — Declaration of revocation — Right of defence — Articles 75 and 76 of Regulation (EC) No 207/2009 — Article 51(1)(a) of Regulation No 207/2009
Case T-878/16 Karelia v EUIPO (KARELIA)
EU trade mark — Application for the EU word mark ‘KARELIA’ — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-211/14 RENV Klement v EUIPO (Form of an oven)
European Union trade mark — Revocation proceedings — Three-dimensional EU trade mark — Form of an oven — Genuine use of a mark — Point (a) of the second subparagraph of Article 15(1), and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
Case T-233/15 Cofra v EUIPO – Armand Thiery (1841)
EU trade mark — Invalidity proceedings — EU word mark 1841 — Earlier national word mark AD-1841-TY — Relative ground for refusal — Genuine use of the earlier mark — Taking into account of additional evidence — Articles 57(2) and 76(2) of Regulation (EC) No 207/2009 (now Articles 64(2) and 95(2) of Regulation (EU) 2017/1001) — Rule 40(6) of Regulation (EC) No 2868/95 (now Article 19(2) of Delegated Regulation (EU) 2017/1430) — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-281/16 Solelec and Others v Parliament
Public works contracts — Tendering procedure — Electrical work (high-voltage current) as part of the project for the extension and refurbishment of the Parliament’s Konrad Adenauer building in Luxembourg — Rejection of the tender submitted by a tenderer and decision to award the contract to another tenderer — Manifest error of assessment — Selection criteria — Technical and professional capacity — Award criteria — Abnormally low tender — Market value
Case T-382/16 Asna v EUIPO – Wings Software (ASNA WINGS)
EU trade mark — Opposition proceedings — Application for the EU word mark ASNA WINGS — Earlier Benelux word mark WINGS — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-841/16 Alex v Commission
Action for annulment — State aid — Financing of an urban development project — Complaint — Preliminary examination procedure — Decision of the Commission finding no State aid — Action challenging the merits of the Commission’s decision — No individual concern — Inadmissibility
Case T-670/15 Osho Lotus Commune v EUIPO – Osho International Foundation (OSHO)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark OSHO — Absolute ground for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — No adverse effect on public policy — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)
Case T-317/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-888TII RU)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑888TII RU — Earlier non-registered national word mark SDC‑888TII RU — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001)
Case T-318/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-444S)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑444S — Earlier non-registered national word mark SDC‑444S — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001)
Case T-434/16 Sensi Vigne & Vini v EUIPO – El Grifo (CONTADO DEL GRIFO)
EU trade mark — Opposition proceedings — Application for EU figurative mark CONTADO DEL GRIFO — Earlier EU figurative mark EL GRIFO — 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)
Case T-572/16 Brouillard v Commission
Civil service — Recruitment — Competition notice — Open Competition EPSO/AD/306/15 — French-language lawyer-linguists at the Court of Justice of the European Union — Online application — Pre-selection based on qualifications — Qualifications required — Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution — ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism — Issued following ‘accreditation of skills gained through experience’ — Non-admission to the tests in a competition — Action for annulment — Content of the application — Inadmissibility — Professional competence — Full legal education requirement — Recognition of qualifications
Case T-773/16 Salehi v Commission
Action for failure to act — Regulation (EC) No 539/2001 — Failure by the Commission to adopt implementing acts temporarily suspending the exemption from visa requirements for certain categories of third country nationals — Position of the Commission — Manifestly inadmissible
Case T-704/16 Murka v EUIPO (SCATTER SLOTS)
EU trade mark — Application for the EU word mark SCATTER SLOTS — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001)
Case T-746/16 Andreassons Åkeri and Others v Commission
Action for annulment — Social security — Commission decision to close an EU Pilot procedure — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — Lack of direct concern — Manifest inadmissibility — Application seeking the issue of an injunction — Manifest lack of jurisdiction
Case T-7/15 Leopard v EUIPO – Smart Market (LEOPARD true racing)
EU trade mark — Opposition proceedings — Application for figurative EU trade mark LEOPARD true racing — Prior figurative EU trade mark leopard CASA Y JARDIN — 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)
Case T-502/15 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Flat-rate financial corrections — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Obligation to state reasons — Burden of proof — Proportionality — Rights of defence
Case T-736/15 Aldi v EUIPO – Sky (SKYLITe)
EU trade mark – Opposition proceedings – Application for EU figurative mark skylite – Earlier EU word mark SKY – Proof of use of the earlier mark – Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 – Rule 22(2) of Regulation (EC) No 2868/95 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
Case T-649/16 Bernaldo de Quirós v Commission
Civil service — Officials — Assignment — Transfer from a head of unit post to an advisor post — Interests of the service — Misuse of powers — Right to be heard and duty of care — Principle of equivalence of posts
Case T-683/16 Kuka Systems v EUIPO (MATRIX BODY SHOP)
EU trade mark — Application for EU word mark MATRIX BODY SHOP — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-686/16 P Possanzini v Frontex
Appeal — Civil service — Temporary staff — 2009 appraisal procedure — Powers of the countersigning officer — Amendment of the reporting officer’s primary assessment by the countersigning officer — Preliminary consultation meeting between the countersigning officer and the reporting officer — Infringement of essential procedural requirements — Examination of the Court’s own motion
Case T-705/16 P WQ v Parliament
Appeal — Civil service — Officials — Certification procedure — 2014 — Not included in the list of officials selected to participate in the training programme — Equal treatment — Article 165 TFEU — Plea of illegality
Case T-87/17 Kuka Systems v EUIPO (Matrix light)
EU trade mark — Application for EU word mark Matrix light — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-404/16 Galletas Gullón v EUIPO – O2 Holdings (Shape of a packet of biscuits)
EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character
Case T-418/16 Galletas Gullón v EUIPO – O2 Holdings (Shape of a packet of biscuits)
EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character
Case T-441/16 Tetra Pharm (1997) v EUIPO – Sebapharma (SeboCalm)
EU trade mark — Opposition proceedings — Application for the EU word mark SeboCalm — Earlier EU word mark — 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)
Case T-810/16 Barmenia Krankenversicherung v EUIPO (Mediline)
EU trade mark — Application for registration of the EU word mark Mediline — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 7(2) of Regulation No 207/2009 (now Article 7(2) of Regulation 2017/1001)
Case T-833/16 Karp v Parliament
Action for annulment and for damages — Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Act not open to challenge — Preparatory act — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility
Case T-202/16 Keturi kambariai v EUIPO – Coffee In (coffee inn)
EU trade mark — Opposition proceedings — Application for EU figurative mark coffee inn — Earlier national figurative mark coffee in — 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) — Genuine use of the earlier mark — Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-551/16 Lucaccioni v Commission
Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm
Case T-394/15 KPN v Commission
Competition — Concentrations — Netherlands market for television services and telecommunications services — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Duty to state reasons — Relevant market — Vertical effects — Judicial review
Case T-562/15 Federcaccia Toscana and Others v Commission
Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period for hunting in Tuscany
Case T-570/15 Federcaccia della Regione Liguria and Others v Commission
Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period of hunting in Liguria
Case T-685/15 Sulayr Global Service v EUIPO – Sulayr Calidad (sulayr GLOBAL SERVICE)
EU trade mark — Opposition proceedings — Application for EU figurative mark sulayr GLOBAL SERVICE — Earlier national word mark SULAYR — Relative ground for refusal — No similarity of the services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-330/16 Hello Media Group v EUIPO – Hola (#hello digitalmente diferentes)
EU trade mark — Opposition proceedings — Application for EU figurative mark #hello digitalmente diferentes — Earlier EU word and figurative marks HELLO! — 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) — Replacement of a party to the proceedings
Case T-331/16 Hello Media Group v EUIPO – Hola (#hello media group)
EU trade mark — Opposition proceedings — Application for EU figurative mark #hello media group — Earlier EU figurative and word marks HELLO! — 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)
Case T-431/16 VIMC v Commission
Competition — Abuse of dominant position — Private healthcare market — Article 13(1) of Regulation (EC) No 1/2003 — Decision rejecting a complaint — Handing of the case by a Member State’s competition authority
Case T-670/16 Digital Rights Ireland v Commission
Action for annulment — Area of freedom, justice and security — Protection of natural persons with regard to the processing of personal data — Transfer of personal data to the United States — Not-for-profit company incorporated under Irish law — No protection of personal data for legal persons — Controller — Action in the name of members and supporters — Action in the public interest — Inadmissible
Case T-706/16 P HB v Commission
Appeal – Civil service – Officials – Promotion – 2014 promotion exercise – Comparative consideration of the merits – Discrimination based on sex – Error in law
Case T-857/16 Erdinger Weißbräu Werner Brombach v EUIPO (Shape of a large glass)
European Union trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a large glass — Absolute ground for refusal — Lack of distinctive nature — Article 7(1)(b) of Regulation (EC) No 2017/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
November 2017
Case T-180/15 Icap and Others v Commission
Competition — Agreements, decisions and concerted practices — Yen interest rate derivatives sector — Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates — Restriction of competition by object — Participation of a broker in the infringements — ‘Hybrid’ settlement procedure — Principle of the presumption of innocence — Principle of sound administration — Fines — Basic amount — Exceptional adjustment — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
Language of the case: English
Case T-586/16 Vincenti v EUIPO
Civil service — Officials — Promotion — 2015 promotion exercise — Lack of staff reports as a result of sick leave — General provisions for implementing Article 45 of the Staff Regulations
Language of the case: English
Case T-75/14 USFSPEI v Parliament and Council
Action for annulment — Time limit for bringing proceedings — Inadmissibility — Non-contractual liability — Reform of the Staff Regulations and of the CEOS — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for the adoption of acts — Failure to consult the Staff Regulations Committee and the trade unions — Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: French
Case T-263/15 Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of the interested parties — Infringement of essential procedural requirements
Language of the case: Polish
Case T-452/15 Petrov and Others v Parliament
Member of the European Parliament — Refusal of access to the buildings of the Parliament — Third-country national — Article 21 of the Charter of Fundamental Rights — Discrimination on grounds of ethnic origin — Discrimination on grounds of nationality — Admissibility of a plea — Discrimination on grounds of political opinions — Equal treatment — Misuse of powers
Language of the case: German
Case T-618/15 Voigt v Parliament
Member of the European Parliament — Refusal to make Parliament premises available — Third-country nationals — Refusal of access to Parliament buildings — Article 21 of the Charter of Fundamental Rights — Discrimination on grounds of ethnic origin — Discrimination on grounds of nationality — Admissibility of a plea — Discrimination on grounds of political opinions
Language of the case: German
Case T-702/15 BikeWorld v Commission
Action for annulment — Representation by a lawyer who is not a third party — Inadmissibility
Language of the case: German
Case T-140/15 Aurora v CPVO – SESVanderhave (M 02205)
Plant varieties — Nullity proceedings — Sugar beet variety M 02205 — Article 20(1)(a) of Regulation (EC) No 2100/94 — Article 7 of Regulation No 2100/94 — Distinctness of the candidate variety — Technical examination — Procedure before the Board of Appeal — Obligation to analyse carefully and impartially all the elements relevant to the present case — Power to alter
Language of the case: English
Joined Cases T-101/15 and T-102/15 Red Bull v EUIPO – Optimum Mark (Combination of the colours blue and silver)
EU trade mark — Invalidity proceedings — EU trade mark consisting of a combination of the colours blue and silver — Absolute ground for refusal — Graphic representation that is sufficiently clear and precise — Need for a systematic arrangement associating the colours in a predetermined and uniform way — Legitimate expectations — Article 4 and Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation (EU) 2017/1001)
Language of the case: English
Information (on unpublished decisions)
Case T-627/15 Frame v EUIPO – Bianca-Moden (BIANCALUNA)
EU trade mark — Opposition proceedings — Application for the EU word mark BIANCALUNA — Earlier national figurative mark bianca — Procedural economy — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-628/15 Frame v EUIPO – Bianca-Moden (BiancalunA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BiancalunA — Rejection — Earlier national figurative mark bianca — Relative ground for refusal — No likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-144/16 Mundipharma v EUIPO – Multipharma (MULTIPHARMA)
European Union trade mark — Opposition proceedings — Application for EU word mark MULTIPHARMA — Prior EU word mark MUNDIPHARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC No 207/2009
Case T-245/15 Klymenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality
Case T-246/15 Ivanyushchenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Manifest error of assessment
Case T-42/16 De Nicola v Council and Court of Justice of the European Union
Non-contractual liability — Civil service — EIB staff — Guidelines concerning laser treatment — Article 47 of the Charter of Fundamental Rights — Reasonable time — Failure to comply with the rules governing the right to a fair hearing — Material damage — Non-material damage — Claims made by the applicant in the context of a case pending before the Civil Service Tribunal — Partial referral of the case to the General Court
Case T-99/16 De Nicola v Court of Justice of the European Union
Non-contractual liability — Civil service — EIB staff — Psychological harassment — Failure to comply with the rules governing the right to a fair hearing — Article 47 of the Charter of Fundamental Rights — Reasonable time — Claims for compensation made in the context of an action pending before the Civil Service Tribunal — Partial referral of the case to the General Court
Case T-271/16 Pempe v EUIPO – Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS — Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Admissibility of the request for proof of the earlier marks’ genuine use — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-754/16 Oakley v EUIPO – Xuebo Ye (Representation of a split ellipse)
European Union trade mark — Opposition proceedings — Application for registration of an EU figurative mark representing a silhouette in the shape of a discontinuous ellipse — Prior EU figurative mark representing an ellipse — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)
Case T-776/16 Isocell v EUIPO – iCell (iCell.)
EU trade mark — Opposition proceedings — Application for EU figurative mark iCell. — Earlier EU word mark Isocell, earlier international word mark Isocell and earlier international and national word marks ISOCELL — 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)
Case T-777/16 Isocell v EUIPO – iCell (iCell. Insulation Technology Made in Sweden)
EU trade mark — Opposition proceedings — Application for EU figurative mark iCell. Insulation Technology Made in Sweden — Earlier EU word mark Isocell, earlier international word mark Isocell and earlier international and national word marks ISOCELL — 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)
Case T-80/17 Steiniger v EUIPO – ista Deutschland (IST)
European Union trade mark — Opposition proceedings — Application for EU figurative mark IST — Prior EU figurative mark ISTA — Relative ground for refusal — Relevant public — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-668/15 Jema Energy v Joint undertaking Fusion for Energy
Public supply contracts — Call for tenders — Supply of the Acceleration Grid Power Supply Conversion System — Rejection of a submitted tender — Transparency — Legal certainty — Equal treatment — Proportionality
Case T-391/17 R Romania v Commission
Application for interim measures — Institutional law — European citizens’ initiative — Protection of national and linguistic minorities and enhancement of cultural and linguistic diversity in the Union — Principle of conferral — Application for suspension of operation of a measure — No urgency
Case T-831/14 Alfamicro v Commission
Arbitration clause — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit report — Eligible costs — Reimbursement of amounts paid — Proportionality — Legitimate expectations — Legal certainty — Principle of good administration — Obligation to state reasons — Amendment of the form of order sought in the course of the proceedings — Set-off of claims — Counterclaim — Default interest
Case T-129/16 Claranet Europe v EUIPO – Claro (claranet)
EU trade mark — Opposition proceedings — Application for the EU figurative mark claranet — Earlier Benelux word mark CLARO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-667/16 P De Meyer and Others v Commission
Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellants’ names — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge
Case T-668/16 P HL v Commission
Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellant’s name — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge
Case T-784/16 Pilla v Commission and EACEA
Action for annulment and damages — Provisional measures — Application for legal aid submitted after an action had been brought — Creative Europe Programme (2014-2020) — Call for proposals on support for a preparatory action — Decision rejecting candidature due to failure to respect an eligibility criterion — Grants available only to legal persons — Disregard of the formal requirements — Acts not attributable to EACEA — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-229/15 European Dynamics Luxembourg and Others v EBA
Public service contracts — Tendering procedure — Provision of interim staff for IT services — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment
Case T-419/16 Carrera Brands v EUIPO – Autec (Carrera)
EU trade mark — Revocation proceedings — EU word mark Carrera — Article 56(1)(a) of Regulation (EC) No 207/2009 (now Article 63(1)(a) of Regulation (EU) 2017/1001) — Admissibility of the application for revocation — Non-challenge agreement — Decisions of the national courts — Abuse of rights — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1)(a) of Delegated Regulation (EU) 2017/1430) — Application for suspension of the proceedings before EUIPO
Case T-456/16 Galletas Gullón v EUIPO – Hug (GULLON DARVIDA)
EU trade mark — Opposition proceedings — Application for the EU word mark GULLON DARVIDA — Earlier international and national word marks DAR VIDA — Documents produced for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) — Rule 50(1) of Regulation No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
Case T-458/16 Acquafarm v Commission
Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations
Case T-722/16 Mapei v EUIPO – Steenfabrieken Vandersanden (zerø)
EU trademark — Opposition proceedings — Application for the EU figurative mark zerø — Earlier EU word mark ZERO — 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)
Case T-723/16 Mapei v EUIPO – Steenfabrieken Vandersanden (RE-CONzerø)
EU trade mark — Opposition proceedings — Application for EU figurative mark RE-CONzerø — Earlier EU word mark ZERO — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-767/16 Nanogate v EUIPO (metals)
European Union trade mark — Application for EU figurative mark metals — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-555/16 Teeäär v ECB
Civil service — ECB Staff — Career transition Support — Lack of competence of the author of an act adversely affecting a party — Rules of sound administration in the management of staff — Material and non-material damage
Case T-684/16 Ciarko spółka z ograniczoną odpowiedzialnością v EUIPO – Maan (Cooker hood)
Community design — Invalidity proceedings — Registered Community design representing a cooker hood — Earlier Community design — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-802/16 Endoceutics v EUIPO – Merck (FEMIBION)
EU trade mark — Revocation proceedings — EU word mark FEMIBION — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use of the mark — Classification of the goods in respect of which genuine use has been shown
Case T-403/16 Stada Arzneimittel v EUIPO – Urgo recherche innovation et développement (Immunostad)
EU trade mark — Invalidity proceedings — Application for the EU word mark Immunostad — Earlier national word mark ImmunoStim — Relative ground for refusal — Similarity of the trade marks — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)( a) of Regulation (EU) 2017/1001) — Non-negligible part of the relevant public — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-465/16 Cotécnica v EUIPO – Visán Industrias Zootécnicas (cotecnica OPTIMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark cotecnica OPTIMA — Earlier EU figurative mark visán Optima PREMIUM PETFOOD — 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)
Case T-558/16 von Blumenthal and Others v EIB
Civil Service — Staff of the EIB — Reform of the system of remuneration and salary progression — Plea of illegality — Equal treatment — Liability
Case T-652/16 P HD v Parliament
Appeal — Officials — Remuneration — Family allowances — Education allowance — Prohibition of overlapping allowances of the same type — Claim for recovery of undue payments — Protection of personal data — Obligation to state reasons
Case T-771/16 Toontrack Music v EUIPO (EZMIX)
European Union trade mark — Application for EU word mark EZMIX — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment and principle of sound administration
Case T-617/16 PF v Commission
Civil service — Officials — Promotion — 2015 promotion exercise — Articles 43 and 45(1) of the Staff Regulations — Duty to provide a statement of reasons — Consideration of comparative merits — Use of languages in the context of the duties performed by administrators assigned to linguistic duties and by administrators assigned to non-linguistic duties — Legitimate absences — Manifest error of assessment
Case T-423/17 R Nexans France and Nexans v Commission
Interim relief — Competition — Power cables — Rejection of the request for confidential treatment of certain information contained in a decision establishing an infringement of Article 101 TFEU — Application for interim measures — Lack of urgency
Case T-902/16 HeidelbergCement v Commission
Actions for annulment — Competition — Concentrations — Grey cement market in Croatia — Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not amenable to review — Preparatory act — Inadmissibility
Case T-907/16 Schwenk Zement v Commission
Action for annulment — Competition — Mergers — Market for grey cement in Croatia — Decision to initiate the detailed examination phase in accordance with Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not open to challenge — Preparatory act — Inadmissibility
Case T-31/16 adp Gauselmann v EUIPO (Juwel)
European Union trade mark — Application for EU word mark Juwel — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-239/16 Polskie Zdroje v EUIPO (perlage)
European Union trade mark — Application for EU word mark perlage — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired by use — Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001
Case T-254/16 Steel Invest & Finance (Luxembourg) v Commission
State aid — Iron and steel industry — Aid granted by Belgium in favour of several undertakings in the iron and steel industry — Decision declaring the aid incompatible with the internal market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Private investor test
Case T-909/16 Laboratorios Ern v EUIPO – Sharma (NRIM Life Sciences)
EU trade mark — Opposition proceedings — Application for EU word mark NRIM Life Sciences — Earlier national word mark RYM — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/2001)
Case T-252/15 R Ferrovial and Others v Commission
Application for interim measures — Aid scheme provided for under Spanish tax legislation — Corporate tax provision which enables Spanish undertakings to write off the goodwill resulting from the acquisition of a shareholding in foreign undertakings — New administrative interpretation — Inclusion in the register of direct acquisitions of shareholdings in foreign companies — Application for a stay of execution — No urgency
Case T-633/16 Bilde v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums wrongfully paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
Case T-634/16 Montel v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums wrongfully paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
Case T-475/16 FTI Touristik v EUIPO – Prantner and Giersch (Fl)
European Union trade mark — Opposition proceedings — Application for EU figurative mark FI - Prior EU figurative mark fly.de — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-687/16 Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO – Nadal Esteban (STYLO & KOTON)
EU trade mark — Invalidity proceedings — EU figurative mark STYLO & KOTON — Absolute ground for refusal — Article 52(1)(b) of (EC) Regulation No 207/2009 (now Article 59(1)(b) of (EU) Regulation 2017/1001) — No bad faith
Case T-798/16 Hanso Holding v EUIPO (REAL)
EU trade mark — Application for the EU figurative mark REAL — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 [now Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001]
Case T-895/16 Toontrack Music v EUIPO (SUPERIOR DRUMMER)
European Union trade mark — Application for EU word mark SUPERIOR DRUMMER — Absolute ground for refusal — Descriptive — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-50/17 Mackevision Medien Design v EUIPO (TO CREATE REALITY)
EU trade mark — Application for EU word mark TO CREATE REALITY — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001]
December 2017
Case T-728/16 Tuerck v Commission
Civil service — Officials — Pensions — Transfer of national pension rights — Capital appreciation between the date of the application for a transfer and the actual date of the transfer
Language of the case: French
Case T-120/16 Tulliallan Burlington v EUIPO – Burlington Fashion (Burlington)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Burlington — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Language of the case: English
Case T-401/11 P RENV-RX Missir Mamachi di Lusignano and Others v Commission
Appeal — Civil service — Officials — Murder of an official and his wife — Rule of correspondence between the request for compensation, the complaint and the action for damages — Duty to ensure the safety of EU staff — Causal link — Material damage — Liability in solidum — Extent to which benefits provided for by the Staff Regulations must be taken into account — Non-material damage — Liability of an institution for non-material damage suffered by a deceased official — Liability of an institution for non-material damage suffered by the heirs and successors of the deceased official
Language of the case: Italian
Case T-61/16 Coca-Cola v EUIPO – Mitico (Master)
EU trade mark — Opposition proceedings — Application for EU figurative mark Master — Earlier European Union figurative marks Coca-Cola and earlier national figurative mark C — Relative ground for refusal — Unfair advantage taken of the reputation of earlier marks — Evidence relating to the commercial use, outside the European Union, of a sign comprising the mark applied for — Logical inferences — Decision taken following the annulment by the General Court of an earlier decision — Article 8(5) and Article 65(6) of Regulation (EC) No 207/2009 (now Article 8(5) and Article 72(6) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-249/15 JT v EUIPO – Carrasco Pirard and Others (QUILAPAYÚN)
EU trade mark — Opposition proceedings — Application for EU figurative mark QUILAPAYÚN — Relative ground for refusal — Well-known mark — Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001) — Proprietor of the mark
Language of the case: Spanish
Case T-125/16 Léon Van Parys v Commission
Customs union — Imports of bananas from Equador — Post-clearance recovery of import duties — Application for the remission of import duties — Decision adopted following the annulment by the General Court of an earlier decision — Reasonable time
Language of the case: Dutch
Case T-692/15 HTTS v Council
Common foreign and security policy — Restrictive measures taken against Iran with a view to preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Non-contractual liability — Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
Case T-712/15 Crédit mutuel Arkéa v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(3) of Regulation (EU) No 1024/2013 — Prudential supervision on a consolidated basis — Supervised group — Institutions permanently affiliated to a central body — Article 2(21)(c) of Regulation (EU) No 468/2014 — Article 10 of Regulation (EU) No 575/2013 — Capital requirements — Article 16(1)(c) and (2)(a) of Regulation No 1024/2013
Language of the case: French
Case T-52/16 Crédit mutuel Arkéa v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(3) of Regulation (EU) No 1024/2013 — Prudential supervision on a consolidated basis — Supervised group — Institutions permanently affiliated to a central body — Article 2(21)(c) of Regulation (EU) No 468/2014 — Article 10 of Regulation (EU) No 575/2013 — Capital requirements — Article 16(1)(c) and (2)(a) of Regulation No 1024/2013
Language of the case: French
Case T-482/16 RENV Arango Jaramillo and Others v EIB
Civil service — EIB staff — Period allowed for commencing proceedings — Reasonable time — Pensions — 2008 reform — Contractual nature of the employment relationship — Proportionality — Obligation to state reasons — Legal certainty — Liability — Non-material harm
Language of the case: French
Case T-136/15 Evropaïki Dynamiki v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Requests for quotation concerning all the lots covered by a call for tenders — Refusal to grant access — Absence of specific, individual examination of the documents requested — Exception relating to the protection of public security — Exception relating to the protection of commercial interests — Exception relating to the protection of privacy — Exception relating to the protection of the decision-making process — General presumption — Unreasonable workload
Language of the case: English
Case T-304/16 bet365 Group v EUIPO – Hansen (BET365)
EU trade mark — Invalidity proceedings — EU word mark BET 365 — Absolute ground for refusal — Distinctive character acquired through use — Proof — Use of the mark for a number of purposes — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-575/16 Martinez De Prins and Others v EEAS
Civil service — Officials — Staff members — Remuneration — Staff of the EEAS serving in a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Ghana from 25% to 20% — Plea of illegality
Language of the case: French
Case T-609/16 PB v Commission
Civil service — Officials — Recruitment — Competition notice EPSO/AD/309/15 (AD 11) — Doctors for the Luxembourg site — Refusal of admission to the assessment centre tests — Limitation of the choice of second language to a restricted number of official languages of the European Union — Plea of unlawfulness — Manifest error of assessment — Liability — Non-material damage
Language of the case: French
Case T-849/16 PGNiG Supply & Trading v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation — Lack of direct concern — Inadmissibility
Language of the case: Polish
Case T-21/17 RL v Court of Justice of the European Union
Civil service — Officials — Promotion — 2015 promotion exercise — Decision not to promote the applicant to grade AD 10 as of 1 July 2015 — Interinstitutional transfer — Pro rata temporis system — Consideration of comparative merits — Article 45 of the Staff Regulations — Liability
Language of the case: French
Information (on unpublished decisions)
Case T-212/16 El Corte Inglés v EUIPO – Elho Business & Sport (FRee STyLe)
EU trade mark — Invalidity proceedings — EU figurative mark FRee STyLe — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Equal treatment
Case T-213/16 El Corte Inglés v EUIPO – Elho Business & Sport (FREE STYLE)
EU trade mark — Invalidity proceedings — EU word mark FREE STYLE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Equal treatment
Case T-250/16 P Spadafora v Commission
Appeal — Civil Service — Officials — Dismissal of the action at first instance as manifestly inadmissible and manifestly unfounded — Application to have that order set aside — Post of Head of the Legal Advice Unit of OLAF — Selection procedure — Pre-selection panel — Not included in the restricted list of proposed candidates for a final interview with the Appointing Authority — Impartiality — Claim for compensation — Loss of chance — Whether the state of the proceedings permits final judgment to be given
Case T-893/16 Xiaomi v EUIPO – Apple (MI PAD)
EU trade mark — Opposition proceedings — Application for EU word mark MI PAD — Earlier EU word mark IPAD — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services
Case T-121/16 Tulliallan Burlington v EUIPO – Burlington Fashion (BURLINGTON THE ORIGINAL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark BURLINGTON THE ORIGINAL — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-122/16 Tulliallan Burlington v EUIPO – Burlington Fashion (Burlington)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Burlington — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-123/16 Tulliallan Burlington v EUIPO – Burlington Fashion (BURLINGTON)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark BURLINGTON — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-332/16 Colgate-Palmolive v EUIPO (360°)
EU trade mark — Application for the EU word mark 360° — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
Case T-333/16 Colgate-Palmolive v EUIPO (360°)
EU trade mark — Application for the EU figurative mark 360° — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
Case T-559/16 Durazzo v EEAS
Civil service — Officials — Promotion — 2014 promotion exercise — Acts not adversely affecting an official — Manifest inadmissibility — Decision not to promote the applicant — Article 43 and Article 45(1) of the Staff Regulations — Consideration of comparative merits — Taking into account staff reports for the purpose of promotion — Purely literal assessments — No method enabling staff reports to be compared for the purpose of promotion — Manifestly well-founded action
Case T-622/16 sheepworld v EUIPO (Alles wird gut)
EU trade mark — Application for the EU word mark Alles wird gut — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-853/16 Techniplan v Commission
Action for failure to act — Defined position of the Commission — Action for damages — Failure to comply with procedural requirements — Application for an injunction — Manifest inadmissibility — Manifest lack of jurisdiction
Case T-381/17 Acsen v Parliament and Council
Action for annulment — Directive 2011/35/EU — Merger of public limited liability companies — Nullity of the merger– No distinction between absolute nullity and relative nullity of the merger — Time-limit for bringing an action — Delay — Manifest inadmissibility
Case T-771/15 Hochmann Marketing v EUIPO – BitTorrent (bittorrent)
EU trade mark — Revocation proceedings — EU word mark bittorrent — Article 76(1) and (2) of Regulation (EC) No 207/2009 (now Article 95(1) and (2) of Regulation (EU) 2017/1001) — No account taken of evidence submitted before the Cancellation Division — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001
Case T-35/16 Sony Computer Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark — Revocation proceedings — EU word mark Vita — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Use in connection with the goods in question — Obligation to state reasons
Case T-815/16 For Tune v EUIPO – Simplicity trade (opus AETERNATUM)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark opus AETERNATUM — Earlier EU word mark OPUS — 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)
Case T-314/15 Greece v Commission
State aid — Aid in favour of an undertaking which has concluded a concession to operate container terminals in the Port of Piraeus — Decision declaring the aid to be incompatible with the internal market — Right of defence — Duty to give reasons — Concept of State aid — Aid to facilitate the development of certain economic activities or of certain economic areas — Incentive effect of the aid — Necessity of the aid — Determination of the amount of aid
Case T-497/15 Oltis Group v Commission
Research and development — Framework Programme for Research and Innovation 2014-2020 (Horizon 2020) — Stimulation and coordination of EU research and innovation investments in the rail sector — Establishment of the Shift2Rail Joint Undertaking — Associate membership of the Shift2Rail Joint Undertaking — Call for expressions of interest — Rejection of candidature — Obligation to state reasons — Manifest error of assessment — Misuse of powers
Case T-114/16 Delfin Wellness v EUIPO – Laher (Infrared cabins and saunas)
Community design — Invalidity proceedings — Registered community designs representing infrared and sauna cabins — Earlier designs — Ground for invalidity — Lack of novelty — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Disclosure of the earlier designs before the date of priority — Article 7(1) and (2) of Regulation No 6/2002 — Right to be heard — Article 64(1) of Regulation No 6/2002
Case T-592/16 HQ v CPVO
Civil Service — Members of the temporary staff — Fixed-term contract — Decision not to renew — Manifest error of assessment — Duty of care — Principle of sound administration — Right to be heard — Psychological harassment — Misuse of powers — Liability
Case T-602/16 CJ v ECDC
Civil service — Members of the contract staff — Career evaluation report — Assessment exercise 2012 — Drawing up — Application for annulment of the decision closing appraisal report
Case T-692/16 CJ v ECDC
Civil service — Members of the contract staff — Fixed-term contract — Article 47(b) of the CEOS — Annulment of early termination decision — Article 266 TFEU — Compliance with a judgment of the Civil Service Tribunal — Adoption of new early termination decision — Retroactive effect
Case T-700/16 Laboratorios Ern v EUIPO – Ascendo Medienagentur (SLIMDYNAMICS)
EU trade mark — Opposition proceedings — Application for EU figurative mark SLIMDYNAMICS — Earlier national word mark DYNAMIN — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-703/16 RENV CJ v ECDC
Civil service — Members of the contract staff — Fixed-term contract — Early termination — Article 47(b)(ii) of the CEOS — Terms of notice — Liability — Non-material damage
Case T-4/17 Coedo Suárez v Council
Civil service — Civil servants — Automatic retirement — Application for recognition of the occupational origin of the invalidity — Classification of the claim — Reasonable period — Irregularity of the prior administrative procedure — Inadmissibility — Liability
Case T-460/14 AETMD v Council
Dumping — Prepared or preserved sweetcorn in kernels originating in Thailand — Partial interim review — Amendment of the definitive anti-dumping duty — Association representing EU producers — Infringement of procedural rights — Rights of the defence
Case T-164/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Parliament
Public service contracts — Public procurement procedure — External provision of information technology services to the Parliament and other institutions and bodies of the EU — Ranking of a tenderer in the cascade procedure — Award criteria — Obligation to state reasons — Non-contractual liability
Case T-505/15 Hungary v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulations (EC) Nos 1782/2003, 1290/2005, 73/2009 and 1122/2009 — Expenditure incurred by Hungary — Conditionality — Control of Statutory Management Requirements — Control of good agricultural and environmental conditions — Lump-sum and specific corrections — Risk for the Funds
Case T-280/16 GeoClimaDesign v EUIPO – GEO (GEO)
EU trade mark — Invalidity proceedings — EU word mark GEO — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001)
Case T-577/16 Campo and Others v EEAS
Civil Service — Officials — Agents — Remuneration — EEAS staff posted to a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Montenegro from 15% to 10% — Plea of illegality
Case T-611/16 Trautmann v EEAS
Civil service — Officials — Remuneration — Family allowances — Education allowance — Article 15 of Annex X to the Staff Regulations — Conditions for grant — Article 3(1) of Annex VII to the Staff Regulations — Regular full-time attendance at an educational establishment which charges fees — Article 85 of the Staff Regulations — Recovery of sums overpaid — Obligation to state reasons — Right to be heard
Case T-792/16 N & C Franchise v EUIPO – Eschenbach Optik (OJO sunglasses)
EU trade mark — Opposition proceedings — Application for EU figurative mark OJO sunglasses — Earlier international word mark oio — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-828/16 Consejo Regulador "Torta del Casar" v EUIPO – Consejo Regulador "Queso de La Serena" (QUESO Y TORTA DE LA SERENA)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark QUESO Y TORTA DE LA SERENA — Protection of the designation of origin ‘Torta del Casar’ — Relative ground for refusal — Article 2(2), Article 3(1) and Article 13(1) of Regulation (EC) No 510/2006 — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001)
Case T-912/16 RRTec v EUIPO – Mobotec (RROFA)
European Union trade mark — Opposition proceedings — Application for EU figurative mark RROFA — Prior EU word mark ROFA — 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)
Case T-246/17 Lackmann Fleisch- und Feinkostfabrik v EUIPO (Национальный Продукт)
EU trade mark — Application for EU figurative mark Национальный Продукт — Disregard of the procedural requirements — Article 177(1)(d) and (e) of the Rules of Procedure — Manifest inadmissibility
Case T-475/17 Rogesa v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents concerning an installation producing a mixture of pellets and sintered ore — Implied refusal of access — Express decision adopted before the action was brought — Application for an order that there is no need to adjudicate — Interest in bringing proceedings — Manifest inadmissibility
January 2018
Case T-747/15 EDF v Commission
State aid — Aid granted by the French authorities to EDF — Reclassification, as a capital contribution, of accounting provisions created free of tax for the renewal of the high-voltage transmission network — Decision declaring the aid to be incompatible with the internal market — Authority of res judicata — Private investor test
Language of the case: French
Case T-273/16 Sun Media v EUIPO – Meta4 Spain (METAPORN)
EU trade mark — Opposition proceedings — Application for the EU word mark METAPORN — Earlier EU and national word marks META4 and figurative marks meta4 — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the services — Meaning of complementary services — Similarity of the signs — Likelihood of confusion
Language of the case: English
Case T-68/16 Deichmann v EUIPO – Munich (Representation of a cross on the side of a sports shoe)
EU trade mark — Revocation proceedings — Figurative mark representing a cross on the side of a sports shoe — Position mark — Genuine use of the mark — Articles 15(1) and 51(1)(a) of Regulation (EC) No 207/2009 (now Articles 18(1) and 58(1)(a) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-76/15 Kenup Foundation and Others v EIT
Research and technological development — EIT — Horizon 2020 framework programme for research and innovation — Call for proposals for the designation of a Knowledge and Innovation Community — Rejection of the applicants’ tender — Regulation (EC) No 294/2008 — Regulation (EU) No 1290/2013 — Unlawful delegation of powers
Language of the case: English
Case T-639/16 P FV v Council
Appeal — Civil service — Officials — Appraisal — Career evaluation report — Appraisal year 2013 — Dismissal of the action at first instance — Composition of the Chamber which delivered the judgment at first instance — Procedure for the appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge
Language of the case: French
Case T-818/14 BSCA v Commission
State aid — Aid granted by Belgium in favour of BSCA — Decision declaring the aid in part compatible and in part incompatible with the internal market — Legally binding act — Limitation period — Economic nature of the ILS — Proportion of economic use of the installations — Incorrect numerical data — Request for adjustment — Determination of the present values — Obligation to state reasons — Distortions of competition — Legitimate expectations
Language of the case: French
Case T-561/16 Galocha v Joint undertaking Fusion for Energy
Civil service — Contract staff — Selection procedure for the Fusion for Energy Joint Undertaking — Reserve lists — Irregularity of the selection procedure — Subsequent measures relating to third parties — Interest of third parties — Interests of the service
Language of the case: Spanish
Information (on unpublished decisions)
Case T-204/16 Sun Media v EUIPO – Meta4 Spain (METABOX)
EU trade mark — Opposition proceedings — Application for EU word mark METABOX — Earlier EU and national word marks META4 and earlier EU and national figurative marks meta4 — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs — Likelihood of confusion
Case T-398/16 Starbucks v EUIPO – Nersesyan (COFFEE ROCKS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark COFFEE ROCKS — Earlier EU figurative marks STARBUCKS COFFEE — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-630/16 Dehtochema Bitumat v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Recommendation 2003/361/EC — Notion of linked undertaking — Submission of a ‘Declaration of Wrong Enterprise Size’ — 50% reduction of the amount of the applicable administrative charge — Authority of the ECHA — Cessation of production of the substance
Case T-231/17 SE v Council
Civil service — Officials — Remuneration — Family allowances — Article 2(2), third sentence, of Annex VII to the Staff Regulations — Concept of ‘dependent child’ — Concept of ‘child whom the official has a responsibility to maintain under a judicial decision based on Member States’ legislation on the protection of minors’ — Refusal to grant dependent child status to the granddaughter of the official
Case T-804/16 LG Electronics v EUIPO (Dual Edge)
European Union trade mark — Application for EU word mark Dual Edge — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU 2017/1001)
Case T-178/17 W&O medical esthetics v EUIPO – Fidia farmaceutici (HYALSTYLE)
EU trade mark — Invalidity proceedings — EU word mark HYALSTYLE — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Request for the hearing of witnesses — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-784/17 R Strabag Belgium v Parliament
Application for interim relief — Public works contracts — Application for interim measures — Standstill period — Abnormally low bid — Prima facie case — Urgency — Weighing of the competing interests
Case T-759/16 Campailla v Court of Justice of the European Union
Action for damages — Law governing the institutions — Liability of the European Union — Decisions delivered by the General Court and by the Court of Justice — Action dismissed by the General Court as inadmissible — Appeal dismissed as inadmissible on the ground of lack of representation — Action manifestly inadmissible
Case T-845/16 QG v Commission
Action for annulment — State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate applied in connection with corporate tax — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Manifest inadmissibility
Case T-846/16 QF v Commission
Action for annulment — State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate applied in connection with corporate tax — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Manifest inadmissibility
Case T-869/16 Wenger v EUIPO – Swissgear (SWISSGEAR)
EU trade mark — Invalidity proceedings — EU word mark SWISSGEAR — Absolute grounds for refusal — No distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) and Article 76 of Regulation No 207/2009 (now Article 59(1)(a) and Article 95 of Regulation 2017/1001
Case T-250/17 avanti v EUIPO (avanti)
EU trade mark — Application for the EU figurative mark avanti — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-812/17 R Seco Belgium and Vinçotte v Parliament
Interim measures — Public procurement — Application for suspension of operation of a measure — Withdrawal of the contested act — No need to adjudicate in part — Application for an injunction — No urgency
Case T-69/17 Constantin Film Produktion v EUIPO (Fack Ju Göhte)
EU trade mark — Application for the EU word mark Fack Ju Göhte — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001
Case T-91/16 Italy v Commission
ESF — Operational programme for objective No 1 for the Region of Sicily — Reduction of the financial assistance initially granted — Calculation by extrapolation — Proportionality — Article 39(2) and (3) of Regulation (EC) No 1260/1999 — Obligation to state reasons
Case T-367/16 Brunner v EUIPO – CBM (H HOLY HAFERL HAFERL SHOE COUTURE)
European Union trade mark — Opposition proceedings — Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE — Earlier EU trade mark HOLY — 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)
Case T-765/16 Grupo Ganaderos de Fuerteventura v EUIPO (EL TOFIO El sabor de CANARIAS)
EU trade mark — Application for the EU figurative mark EL TOFIO El sabor de CANARIAS — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-866/16 SilverTours v EUIPO (billiger-mietwagen.de)
EU trade mark — Application for the EU word mark billiger-mietwagen.de — Absolute ground for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-172/16 Centro Clinico e Diagnostico G. B. Morgagni v Commission
State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations
Case T-113/16 Arctic Cat v EUIPO – Slazengers (Representation of a member of the cat family jumping to the right)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a member of the cat family jumping to the right — Earlier EU figurative mark representing a member of the cat family jumping to the left — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-625/16 Przedsiębiorstwo Energetyki Cieplnej v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Error in the declaration relating to the size of the undertaking — Decision imposing an administrative charge — Cessation of production of the substance — Criteria for calculation of the administrative charge — Recommendation 2003/361/EC — Legal certainty — Legitimate expectations — Proportionality — Equal treatment
Case T-808/16 Jean Patou Worldwide v EUIPO – Emboga (HISPANITAS JOY IS A CHOICE)
EU trade mark — Opposition proceedings — Application for EU figurative mark HISPANITAS JOY IS A CHOICE — Earlier EU word mark JOY — Genuine use of the earlier mark — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-196/15 P Gyarmathy v FRA
Appeal — Civil service — Members of the temporary staff — Recruitment — Notice of vacancy — Rejection of an application — Selection procedure — Distortion of the clear sense of the evidence — Duty to provide reasons — Rule of correspondence between the application and the complaint — Impartiality of the Civil Service Tribunal
Case T-44/16 Novartis v EUIPO – SK Chemicals (Representation of a transdermal patch)
EU trade mark — Invalidity proceedings — Figurative EU trade mark representing a transdermal patch — Absolute ground for refusal — Sign consisting exclusively of the shape of the product necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
Case T-35/17 Weber-Stephen Products v EUIPO (iGrill)
EU trade mark — International registration designating the European Union — Word mark iGrill — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
February 2018
Case T-423/14 Larko v Commission
State aid — Aid implemented by Greece — Decision declaring the aid incompatible with the internal market — Concept of State aid — Advantage — Private investor test — Amount of aid to be recovered — Commission Notice on State aid in the form of guarantees
Language of the case: Greek
Case T-518/15 France v Commission
EAGF and EAFRD — Expenditure excluded from financing — Metropolitan France’s rural development programme — Rural development support measures — Areas with natural handicaps — Flat-rate financial correction — Expenditure incurred by France — On-the-spot checks — Stocking criterion — Counting of animals — Increase in the flat-rate correction due to the recurrence of the failure to fulfil obligations — Procedural safeguards
Language of the case: French
Case T-105/16 Philip Morris Brands v EUIPO – Explosal (Superior Quality Cigarettes FILTER CIGARETTES Raquel)
EU trade mark — Invalidity proceedings — EU figurative mark Superior Quality Cigarettes FILTER CIGARETTES Raquel — Earlier international figurative mark Marlboro — Relative ground for refusal — Reputation — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 50(1) of Regulation (EC) No 2868/95
Language of the case: English
Case T-265/17 ExpressVPN v EUIPO (EXPRESSVPN)
EU trade mark — International registration designating the European Union — Figurative mark EXPRESSVPN — Absolute ground for refusal — Application for alteration — Single head of claim — Inadmissibility
Language of the case: English
Case T-235/15 Pari Pharma v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Vantobra — Decision to grant a third party access to the documents — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
Case T-611/15 Edeka-Handelsgesellschaft Hessenring v Commission
Access to documents — Regulation (EC) No 1049/2001 — Table of contents of the Commission file relating to a proceeding under Article 101 TFEU — Refusal to grant access — Obligation to state reasons — Obligation to provide information on legal remedies — Exception relating to the protection of the purpose of investigations — General presumption of confidentiality
Language of the case: German
Case T-718/15 PTC Therapeutics International v EMA
Access to documents — Regulation (EC) No 1049/2001 — Document held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Translarna — Decision to grant a third party access to the document — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
Case T-729/15 MSD Animal Health Innovation and Intervet international v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted in the context of the application for marketing authorisation for the veterinary medicinal product Bravecto — Decision to grant a third party access to the documents — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
Case T-208/16 Ranocchia v ERCEA
Research and technological development — Calls for proposals and related activities under the ERC Work Programme 2015 — Framework Programme for Research and Innovation (2014-2020) — Horizon 2020 — Decision of the ERCEA declaring ineligible the proposal submitted by the applicant — Project concerning the identification of mathematical algorithms facilitating the reading and analysis of certain ancient manuscripts — Misuse of powers — Error of fact — Error of law — Manifest error of assessment
Language of the case: Italian
Case T-851/16 Access Info Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — EU-Turkey statements of 8 and 18 March 2016 — Implementation by the European Union or by the Member States of the measures concerned — Documents drawn up or received by the legal service of an institution — Legal advice — Analyses of the legality of the measures provided for in connection with the implementation of the EU-Turkey statement of 8 March 2016 — Refusal to grant access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in respect of international relations — Second indent of Article 4(2) of Regulation No 1049/2001 — Exception relating to the protection of court proceedings — Exception relating to the protection of legal advice
Language of the case: English
Case T-852/16 Access Info Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — EU-Turkey statements of 8 and 18 March 2016 — Implementation by the European Union or by the Member States of the measures concerned — Documents drawn up or received by the legal service of an institution — Legal advice — Analyses of the legality of the measures provided for in connection with the implementation of the EU-Turkey statement of 18 March 2016 — Refusal to grant access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in respect of international relations — Second indent of Article 4(2) of Regulation No 1049/2001 — Exception relating to the protection of court proceedings — Exception relating to the protection of legal advice
Language of the case: English
Case T-450/09 DEP Simba Toys v EUIPO
EU trade mark — Procedure — Taxation of costs — Lack of jurisdiction of the General Court — Referral of the action to the Court of Justice
Language of the case: English
Case T-879/16 Sony Interactive Entertainment Europe v EUIPO – Marpefa (Vieta)
EU trade mark — Revocation proceedings — EU figurative mark Vieta — Genuine use of the trade mark — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata
Language of the case: English
Case T-731/15 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Factual basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality
Language of the case: English
Case T-727/16 Repower v EUIPO – repowermap.org (REPOWER)
EU trade mark — Decision of a Board of Appeal revoking an earlier decision — Article 80 of Regulation (EC) No 207/2009 (now Article 103 of Regulation (EU) 2017/1001) — General principle of law permitting the withdrawal of an unlawful administrative act
Language of the case: French
Case T-445/16 Schniga v CPVO (Gala Schnico)
Plant variety rights — Application for Community plant variety rights for the plant variety Gala Schnico — Technical examination — Obligation to state reasons — First sentence of Article 75 of Regulation (EC) No 2100/94 — Uniformity — Article 8 of Regulation No 2100/94 — Complementary examination — Article 57(3) of Regulation No 2100/94 — Equal treatment — Examination of the facts by the CPVO of its own motion — Article 76 of Regulation No 2100/94
Language of the case: German
Case T-166/15 Gramberg v EUIPO – Mahdavi Sabet (Case for a mobile phone)
Community design — Invalidity proceedings — Registered Community design representing a case for a mobile telephone — Disclosure of the design — Article 7(1) of Regulation (EC) No 6/2002 — Evidence submitted for the first time before the General Court
Language of the case: German
Case T-307/16 CEE Bankwatch Network v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision on granting a Euratom loan in support of the Ukraine safety upgrade program of nuclear power units — Partial refusal of access — Exception concerning the protection of the public interest in the field of international relations — Exception concerning the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Application to documents relating to decisions taken under the EAEC Treaty
Language of the case: English
Case T-292/15 Vakakis kai Synergates v Commission
Non-contractual liability — Public supply contracts — Tender procedure — Admissibility — Misuse of procedure — Conflict of interests — Duty of diligence — Loss of opportunity
Language of the case: English
Information (on unpublished decisions)
Case T-412/14 Larko v Commission
Action for annulment — State aid — Sale of certain assets operated by an undertaking or belonging to that undertaking in the context of a privatisation programme — No economic continuity — Action by the beneficiary of the aid — No interest in bringing proceedings — Inadmissibility
Case T-477/15 European Dynamics Luxembourg and Others v ECHA
Public supply contracts — Tender procedure — Provisions of information technology (IT) services for the applications of the ECHA — Rejection of an offer by a tenderer — Award criteria — Obligation to state reasons — Manifest errors of assessment — Non-contractual liability
Case T-506/15 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — Flat-rate financial corrections — Area-related aid scheme — Concept of permanent pasture — Conditions for imposing a flat-rate correction of 25% — Communication under Article 11(1) of Regulation (EC) No 885/2006 — Article 31(2) of Regulation (EC) No 1122/2009 — Cross-compliance — Monitoring of statutory management requirements — Monitoring of good agricultural and environmental conditions — Duty to state reasons — Deduction of a correction annulled by a judgment of the General Court
Case T-457/16 Aldi Einkauf v EUIPO – Schwamm & Cie. (Le Coq de France)
European Union trade mark — Opposition proceedings — Application for the European Union word mark Le Coq de France — Earlier national figurative mark le coq — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EC) 2017/1001)
Case T-919/16 Collins v Parliament
Privileges and immunities — Member of the European Parliament — Decision not to defend the privileges and immunities — Action manifestly inadmissible — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
Case T-102/17 Cantina e oleificio sociale di San Marzano v EUIPO – Miguel Torres (SANTORO)
EU trade mark — Opposition proceedings — EU figurative mark SANTORO — Earlier EU word mark SANGRE DE TORO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-216/15 Dôvera zdravotná poistʼovňa v Commission
State aid — Health insurance bodies — Capital increase, debt repayment, subsidies and Risk Equalisation Scheme — Decision finding no State aid — Concept of State aid — Concept of undertaking and economic activity — Principle of solidarity — State supervision — Activity that is economic in nature — Competition on quality — Presence of operators seeking to make a profit — Pursuit, use and distribution of profits — Error of law — Error of assessment
Case T-436/16 AEIM and Kazenas v Commission
Action for damages — Limitation — No proof of loss — Action manifestly bound to fail
Case T-775/16 Kondyterska korporatsiia "Roshen" v EUIPO – Krasnyiy oktyabr (Representation of a crayfish)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a crayfish — Earlier international registration of the figurative mark РАКОВЫЕ ШЕЙКИ — 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)
Case T-793/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (Display box for cornets)
Community design — Invalidity proceedings — Registered Community design representing a display box for cornets — Earlier international registration designating Bulgaria — Ground for invalidity — Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002 — Duty of diligence — Article 63(1) of Regulation No 6/2002
Case T-794/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (Packaging for ice-cream cornets)
Community design — Invalidity proceedings — Registered Community design representing an ice cream cornet — Earlier international registration designating Bulgaria — Ground for invalidity — Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002 — Duty of diligence — Article 63(1) of Regulation No 6/2002
Case T-795/16 Krasnyiy oktyabr v EUIPO – Kondyterska korporatsiia "Roshen" (CRABS)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CRABS — Earlier international registration of the figurative mark РАКОВЫЕ ШЕЙКИ — 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)
Case T-74/16 POA v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an application for the registration of a name under Regulation (EU) No 1151/2012 — Documents originating from the Commission — Documents originating from a Member State — Article 4(5) of Regulation No 1049/2001 — Refusal to grant access — Obligation to state reasons — Exception relating to the protection of the decision-making process — Exception relating to the protection of court proceedings — Extent of review by the institution and the EU Courts of the Member State’s grounds for objection
Case T-118/17 Institute for Direct Democracy in Europe v Parliament
Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation for the financial year 2017 and providing for pre-financing at a rate of 33% of the maximum grant amount and the obligation to provide a pre-financing bank guarantee — Action for annulment — Challengeable act — Admissibility — Obligation of impartiality — Rights of the defence — Financial regulation — Rules of application of the Financial Regulation — Regulation (EC) No 2004/2003 — Proportionality
Case T-711/14 Arcofin and Others v Commission
Action for annulment — State aid — Aid implemented by Belgium in favour of the ARCO Group financial cooperatives — Guarantee scheme protecting the shares of natural persons who are individual members of those cooperatives — Decision declaring the aid incompatible with the internal market — Selective advantage — Measure liable to distort or threaten to distort competition and to affect trade between Member States — Measure intended to remedy a serious disturbance in the economy of a Member State — Legitimate expectations — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-260/15 R Iberdrola v Commission
Application for interim measures — State aid — Aid scheme provided for under Spanish tax legislation — Application for suspension of operation of a measure — No urgency
Case T-118/16 Deutsche Post v EUIPO – bpost (BEPOST)
EU trade mark — Opposition proceedings — Application for EU word mark BEPOST — Earlier EU figurative mark ePost and earlier national word mark POST — Non-registered mark or sign used in the course of trade POST — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No detriment to reputation and no dilution — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Evidence presented for the first time before the General Court
Case T-45/17 Kwang Yang Motor v EUIPO – Schmidt (CK1)
EU trade mark — Opposition proceedings — Application for EU word mark CK1 — Earlier EU figurative mark CK — 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)
Case T-179/17 Laboratoire Nuxe v EUIPO – Camille and Tariot (NYouX)
EU trade mark — Opposition proceedings — Application for EU figurative mark NYouX — Earlier national word mark NUXE — Obligation to state reasons — First sentence of Article 75 of Regulation (EC) No 207/2009 (now first sentence of Article 94(1) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-210/17 International Gaming Projects v EUIPO – Zitro IP (TRIPLE TURBO)
EU trade mark — Opposition proceedings — Application for EU figurative mark TRIPLE TURBO — Earlier EU figurative mark TURBO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-222/16 Hansen Medical v EUIPO – Covidien (MAGELLAN)
EU trade mark — Revocation proceedings — EU word mark MAGELLAN — Genuine use — Burden of proof — Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) — Procedural irregularity committed by the Cancellation Division — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Oral proceedings — Article 77 of Regulation No 207/2009 (now Article 96 of Regulation 2017/1001)
Case T-338/16 P Zink v Commission
Appeal — Civil service — Officials — Remuneration — Expatriation allowance — No payment of the allowance for a number of years following an administrative error — Article 90(1) of the Staff Regulations — Reasonable period of time
Case T-263/17 SD v EIGE
Civil service — Members of the temporary staff — Fixed-term contracts — Decision not to renew — Request for renewal having the same purpose as a complaint within the meaning of Article 90(2) of the Staff Regulations — Inadmissibility
Case T-764/16 Paulini v ECB
Civil service — ECB staff — Remuneration — Annual salary and bonus review — Lawfulness of the guidelines — Calculation method — Taking into account of sickness leave — Taking into account of activities of a staff representative — Principle of non-discrimination
Case T-843/16 dm-drogerie markt v EUIPO – Digital Print Group O. Schimek (Foto Paradies)
EU trade mark — Invalidity proceedings — EU word mark Foto Paradies — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
March 2018
Case T-402/15 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 41(1) of Regulation (EC) No 1083/2006 — Evaluation of the contribution of a major project to the achievement of the objectives of the operational programme — Article 41(2) of Regulation (EC) No 1083/2006 — Time limit exceeded
Language of the case: Polish
Case T-629/16 Shoe Branding Europe v EUIPO – adidas (Position of two parallel stripes on a shoe)
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of two parallel stripes on a shoe — Earlier EU figurative mark representing three parallel stripes on a shoe — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-855/16 Fertisac v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Verification by the ECHA of the declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Exceeding of financial ceilings — Concept of ‘linked enterprise’
Language of the case: Spanish
Case T-824/16 Kiosked v EUIPO – VRT (K)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark K — Earlier Benelux figurative mark K — 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)
Language of the case: English
Joined Cases T-533/15 and T-264/16 Kim and Others v Council and Commission
Common foreign and security policy — Restrictive measures against North Korea with the aim of preventing nuclear proliferation — List of persons and entities to which the freezing of funds and economic resources applies — Inclusion of the applicants’ names — Proof that inclusion on the list is well founded — Obligation to state reasons
Language of the case: English
Case T-33/16 TestBioTech v Commission
Environment — Genetically modified products — Regulation (EC) No 1367/2006 — Regulation (EC) No 1829/2003 — Genetically modified soybeans MON 87769, MON 87705 and 305423 — Rejection of an application for internal review of market authorisation decisions — Concept of ‘environmental law’ — Article 10 of Regulation No 1367/2006
Language of the case: English
Case T-108/16 Naviera Armas v Commission
State aid — Conditions of use of the Puerto Las Nieves port infrastructure by a shipping company — Exclusive use of infrastructures financed by public funds, without a concession contract — Partial exoneration of payment of port dues — Complaint lodged by a competitor — Decision finding no State aid at the end of the preliminary investigation procedure — Serious difficulties in the examination of the measures concerned — Developments in the situation during the administrative procedure — Concept of advantage granted by means of State resources — Errors of assessment of the facts and errors of law — Decision of a national court suspending the effects of a tendering procedure — Requirement of diligent and impartial examination of the complaint
Language of the case: Spanish
Case T-211/16 Caviro Distillerie and Others v Commission
Dumping — Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co., Ltd — Implementing Decision (EU) 2016/176 — Non-imposition of a definitive anti-dumping duty — Article 3(2), (3) and (5) and Article 17(1) and (2) of Regulation (EC) No 1225/2009 — Sampling — No material injury — Manifest error of assessment — Determination of injury — Profitability of the Union industry
Language of the case: English
Case T-1/17 La Mafia Franchises v EUIPO – Italy (La Mafia SE SIENTA A LA MESA)
EU trade mark — Invalidity proceedings — EU figurative mark La Mafia SE SIENTA A LA MESA — Absolute ground for refusal — Whether contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-540/15 De Capitani v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues
Language of the case: English
Case T-581/16 Popotas v European Ombudsman
Civil service — Officials — Call for expression of interest — Secretary-General in the European Ombudsman’s Office — Opinion of the Advisory Committee — Failure to take that opinion into consideration — Breach of the selection procedure — Manifest errors of assessment — Equal treatment — Principle of good administration — Liability
Language of the case: Greek
Information (on unpublished decisions)
Case T-316/15 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 40(g) of Regulation (EC) No 1083/2006 — Justification for the public contribution — Article 41(2) of Regulation No 1083/2006 — Time-limit not respected
Case T-85/16 Shoe Branding Europe v EUIPO – adidas (Position of two parallel stripes on a shoe)
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of two parallel stripes on a shoe — Earlier EU figurative mark representing three parallel stripes on a shoe — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-438/16 Altunis v EUIPO – Hotel Cipriani (CIPRIANI)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CIPRIANI — Earlier EU word mark HOTEL CIPRIANI — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-124/17 Estamede v ECB
Non-contractual liability — Economic and Monetary Policy — ECB — Restructuring of Greek Government debt — Involvement of a Greek public law body managing a pension fund for engineers and contractors carrying out public works — Absence of interest or assignment of the right to compensation — Disregard of the procedural requirements — Manifest inadmissibility
Case T-140/16 Le Pen v Parliament
Rules governing the payment of expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Authority of the Secretary-General — Burden of proof — Obligation to state reasons — Misuse of powers — Error of fact — Equal treatment
Case T-624/16 Gollnisch v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
Case T-6/17 Equivalenza Manufactory v EUIPO – ITM Entreprises (BLACK LABEL BY EQUIVALENZA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA — Earlier international figurative mark LABELL — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b), of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-230/17 Rstudio v EUIPO – Embarcadero Technologies (RSTUDIO)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark RSTUDIO — Earlier EU word mark ER/STUDIO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001
Cases T-45/13 RENV and T-587/15 Rose Vision v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement concerning the FIRST, FutureNEM, sISI, 4NEM and SFERA projects — Deadline for providing the final financial audit report — Financial audits finding anomalies in the implementation of the projects — Suspension of payments — Confidentiality of financial audits — Eligibility of the costs declared — Non-contractual liability — Repayment of the sums advanced — Harm caused by listing in the early warning system
Case T-665/16 Cinkciarz.pl v EUIPO (€$)
EU trade mark — Application for EU figurative mark €$ — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 65 of Regulation No 207/2009 (now Article 72 of Regulation 2017/1001)
Case T-159/17 Claro Sol Cleaning v EUIPO – Solemo (Claro Sol Facility Services desde 1972)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Claro Sol Facility Services desde 1972 — Earlier national figurative mark SOL — 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)
Case T-462/16 Portugal v Commission
FEAGA — Expenditure excluded from financing — Area-related aid — Expenditure incurred by Portugal — Legitimate Expectations — Article 41(3) of Regulation (EC) No 73/2009 — Article 31(2) of Regulation (EC) No 1290/2005 — Proportionality
Case T-103/17 Recordati Orphan Drugs v EUIPO – Laboratorios Normon (NORMOSANG)
EU trade mark — Opposition proceedings — Application for EU word mark NORMOSANG — Earlier national word mark NORMON — 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) — Rule 19(2)(a)(ii) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430)
Case T-196/17 Naftogaz of Ukraine v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission Decision on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation — Lack of direct concern — Inadmissibility
Case T-542/11 RENV Alouminion tis Ellados v Commission
State aid — Electricity — Decision declaring the aid unlawful and incompatible with the internal market and ordering its recovery — Preferential electricity tariff granted by a contract entered into with the incumbent supplier — Termination of the contract by the incumbent supplier — Judicial suspension, by way of interim measures, of the effects of termination of the contract — Annulment of the Commission’s decision by the General Court — Judgment of the General Court set aside by the Court of Justice — Referral of the case back to the General Court — Scope of the action after being referred back — Classification of the order granting interim measures as constituting new aid — Competence of the Commission — Effective judicial protection — Classification of the preferential tariff as State aid — Advantage — Legitimate expectations — Rights of defence of the recipient — Obligation to recover — Obligation to state reasons
Case T-346/17 Hotelbeds Spain v EUIPO – Guidigo Europe (Guidego what to do next)
EU trade mark — Opposition proceedings — Application for EU figurative mark Guidego what to do next — Earlier EU word mark GUIDIGO — 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)
Case T-424/16 Gifi Diffusion v EUIPO – Crocs (Footwear)
Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Grounds for invalidity — Duty to state reasons — Article 62 of Regulation (EC) No 6/2002 — Ground raised by the Board of Appeal of its own motion — Powers of the Board of Appeal — Article 63(1) of Regulation No 6/2002
Case T-651/16 Crocs v EUIPO – Gifi Diffusion (Footwear)
Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Ground for invalidity — Lack of novelty — Disclosure prior to the priority date — Examination of the facts of the Office’s own motion — Additional evidence adduced before the Board of Appeal — Articles 5, 7 and Article 63(2) of Regulation (EC) No 6/2002
Case T-507/15 Poland v Commission
EAGF — Expenditure excluded from financing — Regulation (EC) No 2200/96, Directive 2002/55/EC, Regulations (EC) No 1432/2003, (EC) No 1433/2003, (EC) No 1290/2005, (EC) No 885/2006, (EC) No 1182/2007, (EC) No 1234/2007, (EC) No 1580/2007 and (EU) No 1306/2013 — Expenditure effected by Poland — Risk to EAGF — On-the-spot checks — Recognition criteria of a producer organisation — Discrepancies between language versions — Financial correction
Case T-130/17 Polskie Górnictwo Naftowe i Gazownictwo v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation — Lack of direct concern — Inadmissibility
Case T-151/17 Marriott Worldwide v EUIPO – Graf (Representation of a winged bull)
EU trade mark — Invalidity proceedings — EU figurative mark representing a winged bull — Earlier EU and national figurative marks representing a griffin — Relative ground for refusal — Similarity of the signs — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) — Earlier copyright protected by national law — Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001) — Examination of the facts of the Office’s own motion — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001)
Case T-205/17 SSP Europe v EUIPO (SECURE DATA SPACE)
EU trade mark — Application for EU figurative mark SECURE DATA SPACE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-279/17 Hermann Bock v EUIPO (Push and Ready)
EU trade mark — Application for EU figurative mark Push and Ready — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-390/16 Grupo Osborne v EUIPO – Ostermann (DONTORO dog friendship)
EU trade mark — Opposition proceedings — Application for EU figurative mark DONTORO dog friendship — Relative ground for refusal — Likelihood of confusion — Complementarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-442/16 Šroubárna Ždánice v Council
Application for repayment of anti-dumping duties — Imports of certain iron or steel fasteners originating in China or consigned from Malaysia — Regulation (EC) No 91/2009 and Implementing Regulation (EU) No 723/2011 — Jurisdiction of the national court — Lack of jurisdiction of the General Court
Case T-734/16 Argyraki v Commission
Civil service — Officials — Pensions — Calculation of years — Taking into account periods of service completed as a member of the auxiliary staff — Conditions — Legal basis
Case T-134/17 R Hércules Club de Fútbol v Commission
Interim proceedings — Access to documents — Documents relating to the administrative procedure prior to the adoption of a Commission decision on State aid implemented by Spain in favour of three professional football clubs — Rights of the defence — Refusal of access — Application for provisional measures — Lack of urgency
Case T-272/17 Webgarden v EUIPO (Dating Bracelet)
EU trade mark — Application for EU figurative mark Dating Bracelet — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Previous EUIPO practice — Equal treatment — Legal certainty
Case T-361/17 Eco-Bat Technologies and Others v Commission
Action for annulment — Agreements, decisions and concerted practices — Market for car battery recycling — Decision correcting a decision finding an infringement of Article 101 TFEU and imposing fines — Period within which an action must be brought — Point from which time starts to run — Delay — Inadmissibility
Case T-574/17 UD v Commission
Civil Service — Recipient of a survivor’s pension — Social security — Rejection of a request for prior authorisation with a view to obtaining reimbursement of certain medical expenses — New request — Purely confirmatory document — Time limit for bringing an action — Inadmissibility
Case T-80/16 Shire Pharmaceuticals Ireland v EMA
Medicinal products for human use — Validation of an application for designation as an orphan medicinal product — Significant benefit — EMA decision refusing to validate an application for designation as an orphan medicinal product — Article 3(1)(b) and Article 5(1), (2) and (4) of Regulation (EC) No 141/2000
Case T-242/16 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Applicant’s name maintained on the list — Obligation to state reasons — Objection of illegality — Proportionality — Legal basis — Manifest error of assessment
Case T-579/16 HJ v EMA
Civil service — Temporary staff– Refusal to renew a fixed-term contract — First paragraph of Article 8 of the CEOS — Reclassification of a fixed-term contract as an indefinite contract — Manifest error of assessment — Duty to have regard for the welfare of staff — Duty to state reasons — Right to be heard — Appraisal report — Duty to state reasons — Manifest error of assessment
Case T-732/16 R Valencia Club de Fútbol v Commission
Interim proceedings — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for a stay of proceedings — Lack of urgency
Case T-766/16 R Hércules Club de Fútbol v Commission
Interim proceedings — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for a stay of proceedings — Lack of urgency
Case T-806/16 Agricola J.M. v EUIPO – Miguel Torres (CLOS DE LA TORRE)
EU trade mark — Opposition proceedings — Application for EU word mark CLOS DE LA TORRE — Earlier national word mark TORRES — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) –– Likelihood of confusion
Case T-60/17 Safe Skies v EUIPO – Travel Sentry (TSA LOCK)
EU trade mark — Invalidity proceedings — EU word mark TSA LOCK — Absolute grounds for refusal — Distinctive character — Lack of distinctive character — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)
Case T-235/17 Dometic Sweden v EUIPO (MOBILE LIVING MADE EASY)
EU trade mark — Application for the EU word mark MOBILE LIVING MADE EASY — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
April 2018
Case T-271/10 RENV H v Council
Common foreign and security policy — National staff member seconded to EUPM in Bosnia and Herzegovina — Redeployment decision — Power of the Head of the EUPM to decide on the redeployment of a seconded national staff member — Duty to state reasons — Misuse of powers — Manifest error of assessment — Psychological harassment
Language of the case: English
Case T-763/16 PY v EUCAP Sahel Niger
Arbitration clause — Staff of EU international missions — Disputes concerning employment contracts — Internal investigation procedures — Protection of victims in cases where a claim of harassment has been made — Contractual liability
Language of the case: French
Case T-119/17 Alba Aguilera and Others v EEAS
Civil service — Officials — Members of the temporary staff — Members of the contract staff — Remuneration — EEAS staff posted to a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Ethiopia from 30% to 25% — Failure to adopt general implementing provisions giving effect to Article 10 of Annex X to the Staff Regulations — Liability — Non-material damage
Language of the case: French
Case T-462/15 Asia Leader International (Cambodia) v Commission
Dumping — Imports of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EU) 2015/776 — Circumvention — Transhipment — Article 13(1) and (2) and Article 18(3) of Regulation (EC) No 1225/2009 (now Article 13(1) and (2) and Article 18(3) of Regulation (EU) 2016/1036)
Language of the case: English
Case T-561/14 One of Us and Others v Commission
Institutional law — European Citizens’ Initiative — Research policy — Public health — Development cooperation — EU financing of activities involving the destruction of human embryos — Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 — Actions for annulment — Capacity to bring legal proceedings — Challengeable act — Partial inadmissibility — Judicial review — Obligation to state reasons — Manifest error of assessment
Language of the case: English
Joined Cases T-133/16 to T-136/16 Caisse régionale de crédit agricole mutuel Alpes Provence and Others v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(e) and (3) of Regulation (EU) No 1024/2013 — Person effectively directing the business of a credit institution — Article 13(1) of Directive 2013/36/EU and the second paragraph of Article L. 511-13 of the French monetary and financial code — Prohibition on combining the role of chairman of the management body of a credit institution in its supervisory function with the role of chief executive officer of the same establishment — Article 88(1)(e) of Directive 2013/36 and Article L. 511-58 of the French monetary and financial code
Language of the case: French
Joined Cases T-554/15 and T-555/15 Hungary v Commission
State aid — Aid granted under the Hungarian Law No XCIV of 2014 on the health contribution of tobacco companies — Aid resulting from a 2014 amendment to the Hungarian Food Chain Act 2008 and the official control thereof — Taxes with progressive annual turnover rates — Decision to open the procedure provided for in Article 108(2) TFEU — Simultaneous adoption of a suspension injunction — Action for annulment — Severable nature of the suspension order — Interest in bringing proceedings — Admissibility — Obligation to state reasons — Proportionality — Equal treatment — Rights of the defence — Principle of loyal cooperation — Article 11(1) of Regulation (EC) No 659/1999
Language of the case: Hungarian
Information (on unpublished decisions)
Case T-274/15 Alcogroup and Alcodis v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Markets in bioethanol and ethanol — Administrative procedure — Decision ordering an inspection — Commission’s powers of investigation — Professional privilege protecting communications between lawyers and their clients — Documents exchanged following a previous inspection — Commission’s refusal to suspend the infringement proceedings at issue — Measure not open to challenge — Inadmissibility
Case T-813/16 ABES v Commission
Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility
Case T-386/17 Lackmann Fleisch- und Feinkostfabrik v EUIPO (Лидер)
EU trade mark — Application for EU figurative mark Лидер — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Cases T-339/15 to T-343/15 Polski Koncern Naftowy Orlen v EUIPO (Shape of a service station)
European Union trade mark — Application for EU three-dimensional marks — Shape of a petrol station — Absolute ground for refusal — Distinctiveness — Article 65(4) of Regulation (EC) No 207/2009 (now Article 72(4) of Regulation (EU) 2017/1001) — Acts having fully upheld the applicant’s claims — Binding nature of the grounds of an order for reference — Admissibility — Obligation to state reasons
Case T-648/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (BOBO cornet)
European Union trade mark — Opposition proceedings — Application for EU figurative mark BOBO cornet — Prior EU figurative mark OZMO cornet — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-364/17 Bielawski v EUIPO (HOUSE OF CARS)
EU trade mark — Application for EU word mark HOUSE OF CARS — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Legitimate expectations — Legal certainty
Case T-666/17 NeoCell v EUIPO (BIOACTIVE NEOCELL COLLAGEN)
EU trade mark — Legal person governed by private law — No evidence of legal existence — Article 177(4) of the Rules of Procedure — Manifest inadmissibility
Case T-298/17 Iordăchescu v Parliament and Others
Action for annulment — Directive 2014/40/EU — Approximation of laws — Manufacture, presentation and sale of tobacco products and related products — Period allowed for commencing proceedings — Delay — Claim for damages — Application initiating proceedings — Disregard of the procedural requirements — Inadmissibility — Lack of jurisdiction
Case T-354/15 Allergopharma v Commission
Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility
Case T-25/17 Rintisch v EUIPO – Compagnie laitière européenne (PROTICURD)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark PROTICURD — Earlier national word marks PROTI and PROTIPLUS — Earlier national figurative mark Proti Power — Relative ground for refusal — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 (now Article 94 of Regulation (EU) 2017/1001) — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Goods not similar — No likelihood of confusion
Case T-439/16 holyGhost v EUIPO – CBM (holyGhost)
EU trade mark — Opposition proceedings — Application for EU word mark holyGhost — Earlier EU word mark HOLY — 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)
Case T-15/17 Mitrakos v EUIPO – Belasco Baquedano (YAMAS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark YAMAS — Earlier EU word mark LLAMA — 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)
Case T-43/15 CRM v Commission
Protected geographical indication — Piadina Romagnola or Piada Romagnola — Registration procedure — Allocation of powers as between the Commission and the national authorities — Link between the product’s reputation and its geographical origin — Article 5(2)(b) of Regulation (EC) No 1151/2012 — Scope of the Commission’s check of the application for registration — Article 7(1)(f)(ii), Article 8(1)(c)(ii) and Article 50(1) of Regulation No 1151/2012 — Effects on the procedure before the Commission of annulment of the specification by a national court — Obligation of the Commission to conduct inquiries — Principle of good administration — Effective judicial protection
Case T-675/15 Shanxi Taigang Stainless Steel v Commission
Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(7)(a) of Regulation (EC) No 1225/2009 (now Article 2(7)(a) of Regulation (EU) 2016/1036) — Normal value — Selection of the appropriate third country — Adjustments — Article 2(10)(k) of Regulation No 1225/2009 (now Article 2(10)(k) of Regulation 2016/1036) — Calculation of the dumping margin — Adjustments — Article 3(2), (6) and (7) of Regulation No 1225/2009 (now Article 3(2), (6) and (7) of Regulation 2016/1036) — Injury — Causal link
Case T-468/16 Verein Deutsche Sprache v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Partial refusal of access — Declaration by the Commission that the documents do not exist — Presumption of lawfulness — Error of law — Obligation to state reasons
Case T-747/16 Vincenti v EUIPO
Civil service – Officials – Social security – Opinion of the Invalidity Committee – Discretion of appointing authority – Articles 53 et 78 of the Statute – Error of assessment – Obligation to state reasons
Case T-916/16 Winkler v Commission
Civil service — Officials — Transfer of national pension rights — Proposal concerning additional pensionable years — Measure not open to challenge — Act not having an adverse effect — Manifest inadmissibility
Case T-354/17 Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE)
EU trade mark — Application for EU word mark ONCOTYPE DX GENOMIC PROSTATE SCORE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment
Case T-831/16 Kabushiki Kaisha Zoom v EUIPO – Leedsworld (ZOOM)
EU trade mark — Opposition proceedings — Application for EU word mark ZOOM — Earlier EU figurative and word marks ZOOM — Relative ground for refusal — Likelihood of confusion — Similarity of goods — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-183/17 Menta y Limón Decoración v EUIPO – Ayuntamiento de Santa Cruz de La Palma (Representation of a man in regional costume)
EU trade mark — Invalidity proceedings — EU figurative mark representing a man in regional costume — Earlier national industrial designs — Relative ground for refusal — Article 53(2)(d) of Regulation (EC) No 207/2009 (now Article 60(2)(d) of Regulation (EU) 2017/1001) — Use of the EU trade mark prohibited under national law — Application of national law by EUIPO
Case T-207/17 Senetic v EUIPO – HP Hewlett Packard Group (hp)
EU trade mark — Invalidity proceedings — EU figurative mark hp — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(1)(a) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-208/17 Senetic v EUIPO – HP Hewlett Packard Group (HP)
EU trade mark — Invalidity proceedings — EU word mark HP — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(1)(a) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-221/17 Mémora Servicios Funerarios v EUIPO – Chatenoud (MEMORAME)
EU trade mark — Opposition proceedings — Application for EU word mark MEMORAME — Earlier EU figurative mark mémora and earlier national word marks MÉMORA — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-297/17 VSM v EUIPO (WE KNOW ABRASIVES)
European Union trade mark — Application for EU word mark WE KNOW ABRASIVES — Mark consisting of an advertising slogan — Competence of the Board of Appeal in appeals limited to part of the services covered by the application for registration — Article 64(1) of Regulation (EC) No 207/2009 (now Article 71(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-248/16 Walfood v EUIPO – Romanov Holding (CHATKA)
EU trade mark — Invalidity proceedings –– EU figurative mark CHATKA — Earlier international figurative mark CHATKA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009 (now Article 64(2) and (3) of Regulation 2017/1001)
Case T-312/16 Walfood v EUIPO – Romanov Holding (CHATKA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHATKA — Earlier international figurative mark CHATKA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-426/16 Perfumes y Aromas Artesanales v EUIPO – Aromas Selective (Aa AROMAS artesanales)
EU trade mark — Opposition proceedings — Application for EU figurative mark Aa AROMAS artesanales — Earlier EU figurative mark Aromas PERFUMARIA Beleza em todos os sentidos — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the services — Similarity of the signs — Relevant public — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-756/16 Euro Castor Green v EUIPO – Netlon France (Concealed trellis)
Community design — Invalidity proceedings — Registered Community design representing a trellis — Earlier Community design — Ground for invalidity — Disclosure of earlier design — Lack of novelty — No individual character — Articles 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-213/17 Romantik Hotels & Restaurants v EUIPO – Hotel Preidlhof (ROMANTIK)
EU trade mark — Invalidity proceedings — EU word mark ROMANTIK — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (3) of Regulation (EU) 2017/1001)
Case T-554/14 Messi Cuccittini v EUIPO – J-M.-E.V. e hijos (MESSI)
EU trade mark — Opposition proceedings — Application for EU figurative mark MESSI - Earlier EU word marks MASSI - 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) 2017/1011)
Case T-251/15 Espírito Santo Financial (Portugal) v ECB
Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Implied refusal to grant access — Express refusal to grant access — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to opinions intended for internal use — Obligation to state reasons
Case T-752/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Support and consulting services for technical informatics staff IV (STIS IV) — Rejection of the tender of a tenderer — Obligation to state reasons — Abnormally low tender — Award criteria — Manifest errors of assessment — Non-contractual liability
Case T-190/16 Azarov v Council
Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Rights of the defence — Principle of good administration — Misuse of power — Right to property — Freedom to conduct a business — Manifest error of assessment
Case T-288/16 Convivo v EUIPO – Porcesadora Nacional de Alimentos (M'Cooky)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark M’Cooky — Earlier national figurative mark MR.COOK — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
Case T-220/17 Pfalzmarkt für Obst und Gemüse v EUIPO (100% Pfalz)
European Union trade mark — Application for EU figurative mark 100% Pfalz — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
May 2018
Case T-431/12 Distillerie Bonollo and Others v Council
Dumping — Imports of tartaric acid originating in China — Modification of the definitive anti-dumping duty — Partial interim review — Action for annulment — Direct and individual concern — Admissibility — Determination of the normal value — Constructed normal value — Change in methodology — Individual treatment — Article 2(7)(a) and Article 11(9) of Regulation (EC) No 1225/2009 (now Article 2(7)(a) and Article 11(9) of Regulation (EU) 2016/1036) — Temporal adjustment of effects of annulment
Language of the case: English
Case T-48/16 Sigma Orionis v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) and ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments and termination of grant contracts following a financial audit — Action seeking to obtain payment of the amounts owed by the Commission in the context of the implementation of the grant contracts — Non-contractual liability
Language of the case: French
Case T-653/16 Malta v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the Commission — Documents originating from a Member State — Documents exchanged pursuant to the control system for ensuring compliance with the rules of the common fisheries policy — Article 113 of Regulation (EC) No 1224/2009 — Public access following a request made by a non-governmental organisation — Action for annulment — Admissibility — Obligation to state reasons — Sincere cooperation — Choice of legal basis
Language of the case: English
Joined Cases T-193/17 to T-195/17 CeramTec v EUIPO – C5 Medical Werks (Shape of a part of a prosthetic hip and Others)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001)
Language of the case: English
Case T-283/15 Esso Raffinage v ECHA
REACH — Dossier evaluation — Compliance check of registrations — Check of information submitted and follow-up to dossier evaluation — Statement of non-compliance — Jurisdiction of the General Court — Actions for annulment — Challengeable act — Direct and individual concern — Admissibility — Legal basis — Articles 41, 42 and 126 of Regulation (EC) No 1907/2006
Language of the case: English
Case T-712/16 Deutsche Lufthansa v Commission
Competition –– Concentrations — Air transport market — Decision declaring a concentration compatible with the internal market subject to certain commitments — Request for a waiver of part of the obligations forming the subject matter of the commitments — Proportionality –– Legitimate expectations –– Principle of good administration –– Misuse of powers
Language of the case: English
Cases T-429/13 and T-451/13 Bayer CropScience and Others v Commission
Plant protection products — Active substances clothianidin, thiamethoxam and imidacloprid — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Prohibition of the use and sale of seeds treated with plant protection products containing the active substances in question — Article 49(2) of Regulation No 1107/2009 — Precautionary principle — Proportionality — Right to be heard — Non-contractual liability
Language of the case: English
Case T-584/13 BASF Agro and Others v Commission
Plant protection products — Active substance fipronil — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Prohibition of the use and sale of seeds treated with plant protection products containing the active substance in question — Article 49(2) of Regulation No 1107/2009 — Precautionary principle — Impact assessment
Language of the case: English
Case T-701/16 P Commission v AV
Appeal — Civil service — Temporary staff — Recruitment — Medical examination — Incomplete declarations at the medical examination — Retroactive application of medical cover deferment — Not eligible for the invalidity allowance — Enforcement of a judgment of the Civil Service Tribunal setting aside the initial decision
Language of the case: French
Case T-760/16 Basil v EUIPO – Artex (Baskets adapted for cycles)
Language of the case: German
Case T-419/17 Mendes v EUIPO – Actial Farmaceutica (VSL#3)
EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001)
Language of the case: Italian
Case T-577/15 Uribe-Etxebarría Jiménez v EUIPO – Núcleo de comunicaciones y control (SHERPA)
EU trade mark — Cancellation proceedings — EU word mark SHERPA — Earlier national word mark SHERPA — Declaration of partial invalidity — Subject matter of the proceedings before the Board of Appeal — Genuine use of the trade mark — Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(2)(a) of Regulation 2017/1001) — Relative ground for refusal — Likelihood of confusion — Article 8(1)(a) and (b) of Regulation No 207/2009 (now Article 8(1)(a) and (b) of Regulation 2017/1001)
Language of the case: Spanish
Case T-664/16 PJ v EUIPO – Erdmann & Rossi (Erdmann & Rossi)
EU trade mark — Representation by a lawyer who is not an independent third party with regard to the applicant — Replacement of a party to the proceedings — Transfer of the rights of the EU trade mark applicant — Representation by a lawyer who is not an independent third party with regard to the applicant for replacement — Inadmissibility
Language of the case: German
Case T-461/16 Kaddour v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Misuse of powers — Principle of sound administration — Principle of the force of res judicata — Infringement of Article 266 TFEU — Manifest error of assessment — Fundamental rights — Proportionality — Principle of non-discrimination
Language of the case: English
Case T-770/16 Korwin-Mikke v Parliament
Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Conduct adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law
Language of the case: French
Case T-352/17 Korwin-Mikke v Parliament
Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Statement adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law
Language of the case: French
Information (on unpublished decisions)
Case T-428/17 Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer)
EU trade mark — Application for EU figurative mark ALPINEWELTEN Die Bergführer — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-47/16 Sigma Orionis v REA
Arbitration clause — ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments under a grant agreement following a financial audit — Action seeking to obtain payment of the amounts owed by the REA in the context of the implementation of a grant agreement
Case T-168/16 Grizzly Tools 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 pressure washer — Commission decision declaring the measure justified — Obligation to state reasons — Equal treatment
Case T-574/16 HK v Commission
Civil service — Officials — Pensions — Pension for surviving spouse — Conditions for granting — Condition in respect of duration of marriage — Non-marital partnership — First paragraph of Article 17 of Annex VIII to the Staff Regulations
Case T-662/16 Gall Pharma v EUIPO – Pfizer (Styriagra)
EU trade mark — Opposition proceedings — Application for EU word mark Styriagra — Earlier EU word mark VIAGRA — Taking unfair advantage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-2/17 J-M.-E.V. e hijos v EUIPO – Masi (MASSI)
EU trade mark — Invalidity proceedings — Application for registration of the EU word mark MASSI — Earlier national word mark MASI — Article 56(3) of Regulation (EC) No 207/2009 (now Article 63(3) of Regulation (EU) 2017/1001) — Res judicata — Article 53(1)(a) and Article 8(2)(c) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(2)(c) of Regulation 2017/1001) — Well-known mark within the meaning of Article 6bis of the Paris Convention
Case T-200/17 SB v EUIPO
Civil service — Temporary staff — Fixed-term contract — Decision not to renew — Plea of illegality — Duty to state reasons — Duty to have regard for the welfare of staff — Discrimination on grounds of age
Case T-234/17 Siberian Vodka v EUIPO – Schwarze und Schlichte (DIAMOND ICE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DIAMOND ICE — Earlier EU word mark DIAMOND CUT — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-429/17 Laboratoires Majorelle v EUIPO – Jardin Majorelle (LABORATOIRES MAJORELLE)
EU trade mark — Opposition proceedings — Application for EU word mark LABORATOIRES MAJORELLE — Earlier EU word mark MAJORELLE — 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) — Earlier trade marks — Division of the trade mark application — Article 44(6) of Regulation No 207/2009 (now Article 50(6) of Regulation 2017/1001)
Case T-463/17 Raise Conseil v EUIPO – Raizers (RAISE)
European Union trade mark — Invalidity proceedings — EU word mark RAISE — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1) and (2) of Regulation No 207/2009 (now Article 59(1) and(2) of Regulation 2017/1001)
Case T-203/18 R VQ v ECB
Application for interim measures — Economic and monetary policy — Prudential supervision of credit institutions — Tasks conferred on the ECB by Regulation (EU) No 1024/2013 — Powers of the ECB — Specific supervision powers — Administrative penalties — Publication — Application for suspension of operation — No urgency
Case T-241/16 El Corte Inglés v EUIPO – WE Brand (EW)
EU trade mark — Opposition proceedings — Application for the EU figurative mark EW — Earlier EU word mark WE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-34/17 Skyleader v EUIPO – Sky International (SKYLEADER)
EU trade mark — Revocation proceedings — EU figurative mark SKYLEADER — Failure to take into account evidence adduced before the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) No 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001] — Rule 40(5) of Regulation (EC) No 2868/95 (now Article 19(1) of Delegated Regulation (EU 2017/1430)
Case T-187/17 Bernard Krone Holding v EUIPO (Mega Liner)
EU trade mark — Application for EU word mark Mega Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-188/17 Bernard Krone Holding v EUIPO (Coil Liner)
EU trade mark — Application for EU word mark Coil Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-197/17 Abel and Others v Commission
Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person –Harm not capable of being compensated — Application for an injunction
Case T-230/18 R Czarnecki v Parliament
Interim measures — Law governing the institutions — Vice-President of the European Parliament — Decision of the Parliament to end a Vice-President’s term of office — Application for interim measures — Injunction — Inadmissibility
Case T-721/16 Luxottica Group v EUIPO – Chen (BeyBeni)
European Union trade mark — Opposition proceedings — Application for the EU figurative mark BeyBeni — Earlier national figurative mark Ray-Ban — Relative ground for refusal — Detriment to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-675/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU word mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94, first sentence, of Regulation 2017/1001)
Case T-676/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-860/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-901/16 R Elche Club de Fútbol v Commission
Application for interim measures — State aid — Aid granted by Spain to certain professional football clubs — Public guarantee provided by a public entity — Decision declaring the aid incompatible with the internal market — Application for suspension of operation of a measure — Prima facie case — Urgency — Balancing of interests
Case T-470/17 Sensotek v EUIPO – Senso Tecnologie (senso tek)
EU trade mark — Opposition proceedings — Application for EU figurative mark senso tek — Earlier EU figurative mark SENSOTEC — 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) — Action manifestly lacking any foundation in law
Case T-726/17 Commune de Fessenheim and Others v Commission
Action for annulment — Access to documents — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Implied refusal of access — Time limit for commencing proceedings — Delay — Inadmissibility
Case T-626/16 Troszczynski v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
Case T-818/16 Netflix International and Netflix v Commission
Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring aid compatible with the internal market — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T-23/17 Barnett v EESC
Civil service — Officials — Retirement pension — Early retirement without reduction of pension rights — Facility formerly provided for in Article 9(2) of Annex VIII to the Staff Regulations — Interests of the service — Compliance with an annulling judgment delivered by the Civil Service Tribunal — Liability
Case T-206/17 Argus Security Projects v Commission and EUBAM Libya
Action for annulment — Public service contracts — Competitive negotiated procedure — Supply of security services as part of the European Union Integrated Border Management Assistance Mission in Libya — Rejection of one tenderer’s bid and award of the contract to another tenderer — Circumstances subsequent to the award of the tender — Substantial change in the original terms of the contract — Action manifestly lacking any foundation in law
Case T-387/17 Triggerball v EUIPO (Shape of a ball-like object with edges)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a ball-like object with edges — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-393/10 INTP Westfälische Drahtindustrie and Others v Commission
Proceedings — Interpretation of a judgment — Rectification — Failure to adjudicate
Case T-205/16 Lithuania v Commission
Cohesion Fund — Expenditure excluded from financing — Technical support for Cohesion Fund management in Lithuania — VAT — Article 11(1) and (3) of Regulation (EC) No 16/2003 — Reduction of financial assistance
Case T-566/16 Josefsson v Parliament
Civil service — Members of the temporary staff — Contract for an indefinite period — Dismissal — Article 47(c)(i) of the CEOS — Manifest error of assessment — Right to be heard — Principle of sound administration — Duty to have regard for the welfare of staff
Case T-555/17 TW and Others v CRU
Action for annulment — Representation by a lawyer who is not a third party — Manifest inadmissibility in part
Case T-228/18 R Transtec v Commission
Interim measures — Public procurement — Framework contract for the provision of services to third countries benefiting from external aid — Application for interim measures — No urgency
Case T-67/17 Italytrade v EUIPO – Tpresso (tèespresso)
EU trade mark — Opposition proceedings — Application for the EU word mark tèespresso — Earlier international figurative mark TPresso and earlier international word mark TPRESSO — 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)
Case T-68/17 Italytrade v EUIPO – Tpresso (teaespresso)
EU trade mark — Opposition proceedings — Application for the EU word mark teaespresso — Earlier international figurative mark TPresso and earlier international word mark TPRESSO — 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)
Case T-426/17 Item Industrietechnik v EUIPO (EFUSE)
EU trade mark — Application for EU figurative mark EFUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-427/17 Item Industrietechnik v EUIPO (EFUSE)
EU trade mark — Application for EU word mark EFUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-801/16 RENV Fedtke v EESC
Civil service — Officials — Retirement — Retirement age — Request to extend the period of employment — First and second paragraphs of Article 52 of the Staff Regulations — Interest of the service — Purely confirmatory measure — New and substantial facts — Admissibility
Case T-299/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (1000)
EU trade mark — Invalidity proceedings — EU word mark 1000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-300/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (3000)
EU trade mark — Invalidity proceedings — EU word mark 3000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-301/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (2000)
EU trade mark — Invalidity proceedings — EU word mark 2000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-302/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (6000)
EU trade mark — Invalidity proceedings — EU word mark 6000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-303/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (4000)
EU trade mark — Invalidity proceedings — EU word mark 4000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-304/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (5000)
EU trade mark — Invalidity proceedings — EU word mark 5000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-98/17 RT v Parliament
Civil service — Officials — Sick leave — Article 59(1) of the Staff Regulations — Internal rules on medical examinations in connection with absence from work on medical grounds and periodic medical examinations of persons claiming the invalidity allowance — Medical certificate — No doctor’s stamp or signature — Long-distance medical consultation via the internet — Refusal to accept
Case T-160/16 Groningen Seaports and Others v Commission
State aid — Corporate tax exemption granted by the Netherlands to six Dutch public seaports — Decision declaring the aid scheme incompatible with the internal market — Obligation to state reasons — Equal treatment
Case T-340/16 Flatworld Solutions v EUIPO – Outsource Professional Services (Outsource 2 India)
EU trade mark — Invalidity proceedings — European Union figurative mark Outsource 2 India — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009) (now Article 59(1)(b) of Regulation (EU) 2017/1001
Case T-163/17 Consorzio di garanzia dell'olio extra vergine di oliva di qualità v Commission
Non-contractual liability — Simultaneous promotion campaigns in third countries for olive oil, one financed by the EAGF and intended to promote olive oil of European origin, and the other financed by the ERDF and intended to promote olive oil of Spanish origin — Lack of coordination between the Commission’s staff responsible for managing the two programmes — Material harm — Market loss and loss of revenue — Non-material damage — Damage to commercial reputation
Case T-314/17 Nosio v EUIPO (MEZZA)
EU trade mark — Application for EU word mark MEZZA — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Restriction of goods — Article 43(1) of Regulation No 207/2009 (now Article 49(1) of Regulation 2017/1001) — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
June 2018
Case T-258/17 Arbuzov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Manifest error of assessment
Language of the case: Czech
Case T-72/17 Schmid v EUIPO – Landeskammer für Land- und Forstwirtschaft in Steiermark (Steirisches Kürbiskernöl)
European Union trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark Steirisches Kürbiskernöl — Protected geographical indication — Article 15, Article 51(1)(a) and Article 55(1) of Regulation (EC) No 207/2009 (now Article 18, Article 58(1)(a) and Article 62(1) of Regulation (EU) 2017/1001) — Genuine use of the mark — Use as a trade mark
Language of the case: German
Joined Cases T-568/16 and T-599/16 Spagnolli v Commission
Civil service — Officials — Death of a spouse who was an official — Persons entitled under the deceased official — Survivor’s pension — Orphan’s pension — Change of post of the official, surviving spouse — Adaptation of salary — Method of calculation of survivor’s and orphan’s pensions — Article 81a of the Staff Regulations — Notice of modification of pension entitlements — An act affecting a person adversely within the meaning of Article 91 of the Staff Regulations — Article 85 of the Staff Regulations — Recovery of undue payments — Conditions — Claim for compensation for material and non-material damage
Language of the case: Italian
Case T-325/16 České dráhy v Commission
Competition — Administrative procedure — Decision ordering an inspection — Proportionality — Non-arbitrariness — Obligation to state reasons — Reasonable grounds — Legal certainty — Legitimate expectations — Right to respect for private life — Rights of the defence
Language of the case: Czech
Case T-476/17 R Arysta LifeScience Netherlands v Commission
Application for interim measures — Plant protection products — Active substance diflubenzuron — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
Case T-719/17 R FMC v Commission
Application for interim measures — Plant protection products — Implementing Regulation (EU) 2017/1496 — Non-renewal of approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
Case T-218/17 HF v Parliament
Civil service — Contract staff — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee on Harassment and its Prevention at the Workplace — Decision rejecting the request for assistance — Right to be heard — Audi alteram partem rule — Refusal to communicate the opinion of the Advisory Committee and the records of witness hearings — Length of the administrative procedure — Reasonable time
Language of the case: French
Information (on unpublished decisions)
Case T-900/16 Casual Dreams v EUIPO – López Fernández (Dayaday)
European Union trade mark — Opposition proceedings — Application for EU figurative mark Dayaday — Earlier national figurative marks DAYADAY and dayaday — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Reputation — Advantage unfairly taken of the distinctive character or the repute of the earlier trade mark
Case T-111/16 Prada v EUIPO – The Rich Prada International (THE RICH PRADA)
EU trade mark — Opposition proceedings — Application for EU word mark THE RICH PRADA — Earlier national and international word and figurative marks PRADA — Relative grounds for refusal — Article 8(5) of Regulation(EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Taking unfair advantage of the distinctive character or repute of the earlier mark — Detriment to the distinctive character or repute — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
Case T-210/16 Lukash v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Failure to fulfil criteria for listing — Error of fact — Error of assessment — Rights of the defence — Right to an effective remedy — Right to property
Case T-803/16 Glaxo Group v EUIPO – Celon Pharma (SALMEX)
EU trade mark — Invalidity proceedings — EU figurative mark SALMEX — Earlier three-dimensional national mark — Competence of the Board of Appeal to examine of its own motion whether the earlier mark had been put to genuine use — Article 64(1) and Article 76(1) of Regulation (EC) No 207/2009 (now Article 71(1) and Article 95(1) of Regulation (EU) 2017/1001)
Case T-264/17 Uponor Innovation v EUIPO – Swep International (SMATRIX)
EU trade mark — Opposition proceedings — Application for the EU word mark SMATRIX — Prior EU figurative mark AsyMatrix — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Extent of the examination to be carried out by the Board of Appeal — Failure to assess an item of evidence produced before the Opposition Division
Case T-597/16 OW v EASA
Civil service — Members of the temporary staff — Assignment in the interest of the service — Transfer to a new post — Manifest error of assessment — Obligation to state reasons — Right to a fair hearing — Misuse of powers
Case T-807/16 MIP Metro v EUIPO – AFNOR (N & NF TRADING)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark N & NF TRADING — Earlier EU figurative mark NF ENVIRONNEMENT — Relative ground for refusal — Likelihood of confusion — Lack of enhanced distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-882/16 Sipral World v EUIPO – La Dolfina (DOLFINA)
EU trade mark — Revocation proceedings — EU word mark DOLFINA — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-369/17 Winkler v Commission
Civil service — Officials — Transfer of national pension rights — Decision establishing the number of pensionable years of service — Reasonable period — Right to be heard — Legal certainty — Equal treatment — Legitimate expectations — Liability — Material damage
Case T-590/16 Spychalski v Commission
Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD 177/10-ECO2013 — Assessment of the main language — Decision not to include the applicant’s name on the reserve list — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
Case T-456/17 Lupu v EUIPO – Dzhihangir (Djili soy original DS)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Djili soy original DS — Earlier national word mark DJILI — Relative ground for refusal — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-136/17 Cotécnica v EUIPO – Mignini & Petrini (cotecnica MAXIMA)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark cotecnica MAXIMA — Earlier national figurative mark MAXIM Alimento Superpremium — 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)
Case T-375/17 Fenyves v EUIPO (Blue)
EU trade mark — Application for the EU figurative mark Blue — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(c) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (2) of Regulation (EU) 2017/1001) — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-165/17 Emcur v EUIPO – Emcure Pharmaceuticals (EMCURE)
EU trade mark — Opposition proceedings — Application for EU word mark EMCURE — Earlier EU and national word marks EMCUR — Relative ground for refusal — Similarity of the goods and services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-294/17 Lion's Head Global Partners v EUIPO – Lion Capital (Lion's Head)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Lion’s Head — Earlier EU word mark LION CAPITAL — 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)
Case T-310/17 Lion's Head Global Partners v EUIPO – Lion Capital (LION'S HEAD global partners)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark LION’S HEAD global partners — Earlier EU word mark LION CAPITAL — 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)
Case T-553/17 Cambra Abaurrea v SRB
Economic and monetary policy — Adoption of a resolution scheme in respect of Banco Popular Español — Action for annulment — Partial inadmissibility — Author of the contested measure
Case T-362/16 Tillotts Pharma v EUIPO – Ferring (XENASA)
EU trade mark — Opposition proceedings — Application for EU word mark XENASA — Earlier EU word mark PENTASA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-408/16 HX v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Principle of ne bis in idem — Rights of the defence — Right to a fair trial — Obligation to state reasons — Right to an effective remedy — Manifest error of assessment — Right to property — Proportionality — Right to a normal life — Damage to reputation
Case T-859/16 Damm v EUIPO – Schlossbrauerei Au, Willibald Beck Freiherr von Peccoz (EISKELLER)
EU trade mark — Opposition proceedings — Application for EU figurative mark EISKELLER — Earlier national word marks KELER and KELER 18 — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-86/17 Le Pen v Parliament
Rules governing the payment of expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Rights of the defence — Burden of proof — Obligation to state reasons — Equal treatment — Misuse of powers — Independence of the Members — Error of fact — Proportionality
Case T-89/17 Erwin Müller v EUIPO – Novus Tablet Technology Finland (NOVUS)
EU trade mark — Opposition proceedings — Application for EU word mark NOVUS — Earlier EU word and figurative marks NOVUS and novus — Relative ground for refusal — Similarity of the goods — Article 8(1)(a) and (b) of Regulation No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) — Evidence presented for the first time before the General Court
Case T-413/17 Karl Storz v EUIPO (3D)
EU trade mark — International registration designating the European Union — Figurative mark 3D — Absolute grounds for refusal — Descriptive character — Absence of any distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75(1) of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-104/15 KV v Commission
Grant agreements concluded in the context of the Lifelong Learning Programme (2007-2013) — ‘Green Business is Smart Business’ and ‘LadybizIT: Woman entrepreneurship on the verge of ICT’ projects — Ineligible costs — Action for annulment — Lack of competence of the Commission
Cases T-306/15 and T-484/15 KV v EACEA
Arbitration clause — Grant agreements concluded in the context of the Lifelong Learning Programme (2007-2013) — NEST and ‘This is IT’ projects — Ineligible costs — Reclassification of the action
Case T-621/16 České dráhy v Commission
Case T-621/16 České dráhy v Commission
Competition — Administrative procedure — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Proportionality — Obligation to state reasons — Right to respect for private life — Rights of defence’
Case T-156/17 L v Parliament
Civil Service — Accredited Parliamentary assistant — Termination of contract — Litispendence — Inadmissibility
Case T-587/17 Unigroup v EUIPO – Pronova Laboratories (nailicin)
EU trade mark — Opposition proceedings — Application for EU word mark nailicin — Earlier Benelux word mark NAILCLIN — Relative ground for refusal — Copy of the certificate of registration of the earlier mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2017/1430) — Taking into account of a document submitted in conjunction with the notice of opposition — Rule 19(4) Regulation No 2868/95 (now Article 7(5) of Delegated Regulation 2017/1430) — Action manifestly lacking any foundation in law
Case T-657/17 Anabi Blanga v EUIPO – Polo/Lauren (HPC POLO)
EU trade mark — Opposition proceedings — Application for registration of the EU word mark HPC POLO — Earlier EU word mark POLO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-227/16 Haverkamp IP v EUIPO – Sissel (Foot mat)
Community design — Invalidity proceedings — International registration designating the European Union — Registered Community design representing a foot mat — Earlier design — Grounds for invalidity — No individual character — Informed user — Degree of freedom of the designer — Proof of saturation of the state of the art — No different overall impression — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002- Article 63(1) of Regulation No 6/2002
Case T-228/16 Haverkamp IP v EUIPO – Sissel (Pebble beach surface pattern)
Community design — Invalidity proceedings — International registration designating the European Union — Registered Community design representing a pebble beach surface pattern — Earlier design — Grounds for invalidity — Lack of novelty — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-259/13 RENV France v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development support measures — Areas with natural handicaps — Flat rate financial correction — Expenditure incurred by France — Loading criterion — On-the-spot controls
Case T-537/15 Deutsche Post v EUIPO – Verbis Alfa and EasyPack (InPost)
EU trade mark — Opposition proceedings — Application for EU figurative mark InPost — Earlier EU figurative marks INFOPOST and ePOST and earlier national word mark POST — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No detriment to reputation and no dilution — Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 8(1)(b) and (5) of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-619/16 Sicignano v EUIPO – IN.PRO.DI (GiCapri "a giacchett'e capri")
EU trade mark — Opposition proceedings — Application for EU figurative mark GiCapri ‘a giacchett’e capri’ — Earlier EU figurative mark CAPRI — 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)
Case T-739/16 Akant Monika i Zbigniew Harasym v EUIPO – Hunter Douglas Holding (COSIMO)
EU trade mark — Opposition proceedings — Application for EU word mark COSIMO — Earlier EU word mark COSIFLOR — 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) — Proof of genuine use of the earlier mark — Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-71/17 France.com v EUIPO – France (FRANCE.com)
EU trade mark — Opposition proceedings — Application for the EU figurative mark FRANCE.com — Earlier international figurative mark France — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-78/17 Jumbo Africa v EUIPO – ProSiebenSat.1 Licensing (JUMBO)
EU trade mark — Invalidity proceedings — EU word mark JUMBO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001)
Case T-556/17 Staropilsen v EUIPO – Pivovary Staropramen (STAROPILSEN; STAROPLZEN)
EU trade mark — Invalidity proceedings — EU word mark STAROPILSEN; STAROPLZEN — Earlier EU and national word marks STAROPRAMEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-757/17 Kerstens v Commission
Civil service — Officials — Disciplinary proceedings — Enforcement of a judgment delivered by the General Court on appeal — Withdrawal of the decision imposing a reprimand — Reopening of the disciplinary proceedings which led to the cancelled sanction — Claim for annulment — Act not adversely affecting an official — Claim for damages — Failure to follow the pre-litigation procedure — Manifest inadmissibility
Case T-784/17 RII Strabag Belgium v Parliament
Application for interim measures — Public works contracts — Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels — Application for variation — Article 159 of the Rules of Procedure — Inadmissibility
Case T-299/18 R Strabag Belgium v Parliament
Application for interim measures — Public works contracts — Application for suspension of operation of a measure — Waiting period — Abnormally low tender — Prima facie case — No urgency
Case T-362/17 NCL v EUIPO (FEEL FREE)
EU trade mark — Application for EU word mark FEEL FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and 7(2) of Regulation (EU) 2017/1001)
Case T-147/15 Czech Republic v Commission
Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Application to be exempted from making available own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-478/15 Romania v Commission
Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-211/17 Amplexor Luxembourg v Commission
Public service contracts — Tendering procedure — Ranking of a tenderer in the cascade procedure — Processing of opinions with a view to their publication in the Supplement to the Official Journal of the European Union — Equal treatment of tenderers — Neutralisation of the advantage of the incumbent contractor — Misuse of powers
Case T-452/17 TL v EDPS
Actions for annulment — Protection of personal data — Public nature of the case-law of the General Court — Request for anonymisation and removal from the Internet of a judgment of the General Court — Act not open to challenge — Confirmatory act — No new and substantial facts — Manifest inadmissibility
Case T-691/17 hoechstmass Balzer v EUIPO (Shape of a tape measure case)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a tape measure case — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
July 2018
Case T-616/15 Transtec v Commission
EDF — ACP countries — The Cotonou Agreement — Support programme for cultural initiatives in Portuguese-speaking African countries — Sums paid by the Commission to the body entrusted with the financial implementation of the programme in Guinea-Bissau — Recovery following a financial audit — Offsetting of debts — Proportionality — Unjust enrichment — Non-contractual liability
Language of the case: French
Case T-88/17 Spain v Commission
EAFRD — Last execution year of 2007-2013 programming period — Clearance of accounts of Member States’ paying agencies — Decision declaring a certain amount non-reusable in the rural development programme of the Autonomous Community of Extremadura — Calculation method — Article 69(5b) of Regulation (EC) No 1698/2005 — Legitimate expectations
Language of the case: Spanish
Case T-783/17 R GE Healthcare v Commission
Application for interim measures — Medicinal products for human use — Directive 2001/83/EC — Suspension of the marketing authorisation for contrast agents containing gadolinium for human use — Application for suspension of operation of a measure — Lack of urgency
Language of the case: English
Case T-419/14 The Goldman Sachs Group v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Imputability of the infringement — Presumption — Error of assessment — Presumption of innocence — Legal certainty — Principle of personal responsibility — Unlimited jurisdiction
Language of the case: English
Case T-441/14 Brugg Kabel and Kabelwerke Brugg v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Language of the case: German
Case T-449/14 Nexans France and Nexans v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Illegal nature of the inspection decision — Reasonable time — Principle of sound administration — Principle of personal responsibility — Joint and several liability for payment of the fine — Sufficient proof of the infringement — Duration of the infringement — Fines — Proportionality — Equal treatment — Unlimited jurisdiction
Language of the case: English
Case T-475/14 Prysmian and Prysmian Cavi e Sistemi v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Illegal nature of the inspection decision — Reasonable time — Principle of sound administration — Principle of personal responsibility — Joint and several liability for payment of the fine — Sufficient proof of the infringement — Duration of the infringement — Fines — Proportionality — Equal treatment — Unlimited jurisdiction
Language of the case: English
Case T-356/15 Austria v Commission
State aid — Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station — Contract for Difference, Secretary of State Agreement and Credit Guarantee — Decision declaring the aid compatible with the internal market — Article 107(3)(c) TFEU — Public interest objective — Promotion of nuclear energy — Need for State intervention — Guarantee Notice — Determination of the aid element — Proportionality — Investment aid — Operating aid — Right to submit observations — Public procurement procedure — Obligation to state reasons
Language of the case: German
Case T-680/13 K. Chrysostomides & Co. and Others v Council and Others
Non-contractual liability — Economic and monetary policy — Stability support programme for Cyprus — Decision of the Governing Council of the ECB relating to emergency liquidity assistance following a request from the Central Bank of Cyprus — Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus — Decision 2013/236/EU — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism — Jurisdiction of the General Court — Admissibility — Formal requirements — Exhaustion of national rights of action — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Right to property — Legitimate expectations — Equal treatment
Language of the case: English
Case T-733/16 Banque postale v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-745/16 BPCE v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-751/16 Confédération nationale du Crédit mutuel v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-757/16 Société générale v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-758/16 Crédit agricole v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-768/16 BNP Paribas v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
Case T-825/16 Cyprus v EUIPO – Papouis Dairies (Pallas Halloumi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Pallas Halloumi — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-273/17 Quadri di Cardano v Commission
Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — 10‑year reference period — Nationality of the State of employment — Residence in the State of employment — Duties in an international organisation — Temporary employment contract
Language of the case: French
Case T-275/17 Curto v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Error of assessment — Scope of the duty to provide assistance — Duration of the administrative procedure — Reasonable period — Refusal to disclose reports drawn up by the Advisory Committee
Language of the case: English
Case T-377/17 SQ v EIB
Civil Service — EIB staff — Complaint of psychological harassment — Administrative enquiry — Concept of ‘psychological harassment’ — Requirement that the conduct complained of must be repetitive in order to constitute ‘psychological harassment’ — Refusal to initiate disciplinary proceedings against the person responsible for that conduct — Duty of confidentiality in relation to an ongoing administrative enquiry and, subsequently, to the decision terminating the procedure finding that there had been psychological harassment
Language of the case: French
Information (on unpublished decisions)
Case T-577/17 thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission
Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility
Joined Cases T-379/10 RENV and T-381/10 RENV Keramag Keramische Werke and Others v Commission
Competition — Agreements, decisions and concerted practices — French bathroom fittings and fixtures market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Participation of certain entities in a cartel — Reassessment of the evidence
Cases T-402/17 and T-403/17 Vienna International Hotelmanagement v EUIPO (Vienna House and VIENNA HOUSE)
EU trade mark — Applications for EU word mark Vienna House and figurative mark VIENNA HOUSE — Absolute ground for refusal — Descriptive character — Not distinctive — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1(b) and (c) of Regulation 2017/1001)
Case T-222/14 RENV Deluxe Entertainment Services Group v EUIPO (deluxe)
EU trade mark — Application for EU figurative mark deluxe — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-401/18 R SFIE-PE v Parliament
Interim measures — Law governing the institutions — Strike action by interpreters — Measures for the requisition of interpreters adopted by the European Parliament — Application for suspension of operation — Application for interim measures — Partial inadmissibility — Weighing up of interests
Case T-402/18 R Aquino and Others v Parliament
Interim measures — Law governing the institutions — Interpreters’ strike action — Measures of requisition of interpreters adopted by the European Parliament — Application for suspension of operation of a measure — Application for interim measures — Inadmissible in part — Balance of interests
Case T-104/18 R Fundación Tecnalia Research & Innovation v REA
Application for interim measures — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency
Case T-244/18 R Synergy Hellas v Commission
Application for interim measures — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency
Case T-643/13 Rogesa v Commission
Access to documents — Regulation (EC) No 1049/2001 — Scheme for greenhouse gas emission allowance trading — Request for access to information relating to the determination of the most efficient 10% of steel industry installations — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment — Observance of time-limits
Case T-185/15 Buonotourist v Commission
State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty
Case T-186/15 CSTP Azienda della Mobilità v Commission
State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty
Case T-240/16 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Legal basis — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Right to property — Right to reputation — Plea of illegality
Case T-644/16 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access — Exception concerning the protection of the public interest as regards international relations — Exception concerning the protection of legal advice — Exception concerning the protection of the decision-making process — Overriding public interest
Case T-707/16 Enoitalia v EUIPO – La Rural Viñedos y Bodegas (ANTONIO RUBINI)
EU trade mark — Invalidity proceedings — EU word mark ANTONIO RUBINI — Earlier EU figurative mark RUTINI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-13/17 Europa Terra Nostra v Parliament
Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation — Pre-financing amount fixed at 33% of the maximum amount of the grant awarded — Obligation to provide a pre-financing bank guarantee — Financial Regulation — Rules for the application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Misuse of powers
Case T-16/17 APF v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Abuse of power
Case T-54/17 CLF v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment
Case T-57/17 Pegasus v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political foundation — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment
Case T-694/17 Link Entertainment v EUIPO – García-Sanjuan Machado (SAVORY DELICIOUS ARTISTS & EVENTS)
EU trade mark — Invalidity proceedings — EU figurative mark SAVORY DELICIOUS ARTISTS & EVENTS — Earlier EU word mark AVORY — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the services — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009 (now Articles 8(1)(b) and 60(1)(a) of Regulation (EU) 2017/1001)
Case T-422/14 Viscas v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-438/14 Silec Cable and General Cable v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Concept of an undertaking — Economic succession — Single and continuous infringement — Evidence of the infringement — Public distancing — Duration of participation — Equal treatment — Gravity of the infringement — Unlimited jurisdiction
Case T-439/14 LS Cable & System v Commission
Competition — Agreement, decisions and concerted practices — European market for power cables — Single and continuous infringement — Sufficient proof — Contributing to the single objective of the infringement — Knowledge of key elements of the infringement — Calculation of the fine — Basic amount — Paragraph 18 of the Guidelines — Gravity of the infringement — Proportionality — Mitigating circumstances — Unlimited jurisdiction
Case T-444/14 Furukawa Electric v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-445/14 ABB v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Evidence of the infringement — Products concerned — Public distancing — Duration of participation — Equal treatment
Case T-446/14 Taihan Electric Wire v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Insurmountable barriers to entry — Inapplicability of Article 101 — Duration of involvement — Equal treatment — Calculation of the fine — Value of sales — Gravity of the infringement — Mitigating circumstances — Unlimited jurisdiction
Case T-447/14 NKT Verwaltungs and NKT v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Evidence of the infringement — Duration of Involvement — Public Distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-448/14 Hitachi Metals v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-450/14 Sumitomo Electric Industries and J-Power Systems v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-451/14 Fujikura v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-455/14 Pirelli & C. v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Imputability of the infringement — Presumption — Obligation to state reasons — Fundamental rights — Proportionality — Equal treatment — Beneficium ordinis seu excussionis — Unlimited jurisdiction
Case T-608/16 PA v Parliament
Civil service — Officials — Staff report — 2014 appraisal period — Promotion — 2015 appraisal period — Obligation to state reasons — Misuse of power — Article 41(1) of the Charter of Fundamental Rights
Case T-774/16 Consejo Regulador del Cava v EUIPO – Cave de Tain L'Hermitage, union des propriétaires (CAVE DE TAIN)
EU trade mark — Invalidity proceedings — Figurative EU trade mark CAVE DE TAIN — Earlier designation of origin ‘CAVA’ — Concept of ‘evocation’ of a protected designation of origin — Article 103(2)(b) of Regulation (EU) No 1308/2013
Case T-904/16 Labiri v EESC and Comittee of the Regions
Civil service — Officials — Psychological harassment — Amicable settlement — Implementation of the agreement — [confidential] — Misuse of powers — Action manifestly lacking any foundation in law
Case T-9/17 RI v Council
Civil service — Officials — Invalidity pension — Fifth paragraph of Article 78 of the Staff Regulations — Refusal to recognise the invalidity as arising from an occupational disease — Incorrect view of the concept of occupational disease — Obligation to state reasons
Case T-41/17 Lotte v EUIPO – Nestlé Unternehmungen Deutschland (Representation of a koala)
EU trade mark — Opposition proceedings — Application for EU figurative mark representing koalas — Earlier national three-dimensional mark KOALA-BÄREN Schöller lustige Gebäckfiguren — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Proof of genuine use of the earlier mark — Power to alter decisions
Case T-256/17 Labiri v EESC
Civil service — Officials — Psychological harassment — Amicable settlement — Performance of the agreement — Error in law — Error in assessment — Misuse of powers — Action manifestly lacking any foundation in law
Case T-392/17 TE v Commission
Action for annulment — Opening of an external investigation by OLAF — Measure not open to challenge — Inadmissibility
Case T-224/18 R PV v Commission
Interim measures — Civil Service — Psychological harassment — Decisions taken by the Commission following dismissal — Disciplinary proceedings — Reassignment — Setting the salary at ‘zero’ — Application for interim measures — Manifest inadmissibility of the main action — Partial inadmissibility — No prima facie case — No urgency
Case T-250/18 R RATP v Commission
Application for interim measures — Access to documents — Application for suspension of operation of a measure — No urgency
Case T-58/14 Stührk Delikatessen Import v Commission
Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price fixing and the exchange of commercially sensitive information — Single and continuous infringement — Fines — Principle that offences and penalties must be defined by law — 2006 guidelines on the setting of fines — Mitigating factors — Substantially limited involvement — Cooperation during the administrative procedure — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Paragraph 37 of the 2006 guidelines on the setting of fines — Equal treatment — Obligation to state reasons
Case T-786/14 Bourdouvali and Others v Council and Others
Non-contractual liability — Economic and monetary policy — Stability support programme for Cyprus — Decision of the Governing Council of the ECB relating to emergency liquidity assistance following a request from the Central Bank of Cyprus — Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus — Decision 2013/236/EU — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism — Jurisdiction of the General Court — Admissibility — Formal requirements — Exhaustion of national rights of action — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Right to property — Legitimate expectations — Equal treatment
Case T-606/16 Pereira v Commission
Civil service — Officials — Non-promotion — 2015 promotion procedure — Decision not to promote the applicant to grade AST 7 — Obligation to state reasons — Comparative merits — Seniority in the grade — Accumulated merits — Manifest errors of assessment
Case T-612/16 PS v EIB
Civil service — EIB staff — Social security — Accident at work — Total and permanent invalidity — Occupational origin of the disease — System for the insurance of accidents at work and occupational diseases — Contributions to the pension scheme — Duty to have regard for the welfare of staff — Liability — Non-material harm
Case T-847/16 Cyprus v EUIPO – POA (COWBOYS HALLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark COWBOYS HALLOUMI — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-797/17 Star Television Productions v EUIPO – Marc Dorcel (STAR)
EU trade mark — Revocation proceedings — EU figurative mark STAR — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-180/14 Front Polisario v Council
Actions for annulment — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for by the agreement — Act concluding the agreement — Applicability of the agreement and protocol to the territory of Western Sahara and the waters adjacent thereto — Lack of locus standi — Inadmissibility
Case T-646/16 P Simpson v Council
Appeal — Civil service — Officials — Upgrade — Classification in grade — Decision not to award the applicant grade AD 9 after he had passed a grade AD 9 open competition — Dismissal of the action at first instance after referral back by the General Court — Composition of the panel of judges which adopted the order at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the right to a judge assigned by law
Case T-693/16 P HG v Commission
Appeal — Civil service — Officials — Posting to a third country — Lodging provided by the administration — Disciplinary penalty — Dismissal of the action at first instance — Composition of the panel of judges which delivered the judgment at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge
Case T-417/18 R CdT v EUIPO
Interim measures — Law governing the institutions — Translation services required for the functioning of EUIPO — Use of external contractors — Application for interim measures — No urgency
Case T-101/17 Apple Distribution International v Commission
Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring the aid compatible with the internal market — No individual concern — Inadmissibility
August 2018
Information (on unpublished decisions)
Case T-251/18 R IFSUA v Council
Interim measures — Fishing opportunities for certain fish stocks — Measures on European seabass fisheries — Ban on catches in recreational fisheries — Application for suspension of operation of a measure — No urgency
Cases T-337/18 R and T-347/18 R Laboratoire Pareva and Biotech3D v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — Prima facie case — Weighing up of competing interests
Case T-475/18 R Boyer v Wallis-et-Futuna
Interim measures — Public contracts — Application for interim measures — Inadmissibility
September 2018
Case T-671/16 Villeneuve v Commission
Civil Service — Recruitment — Open competition — Competition notice EPSO/AD/303/15 (AD 7) — Verification by EPSO of the conditions for admission to the competition — Professional experience of a period shorter than the minimum period required — Nature of the check of the eligibility condition relating to professional experience — Obligation to state reasons — Manifest error of assessment by the selection board of the competition — Equal treatment
Language of the case: French
Case T-654/16 Foshan Lihua Ceramic v Commission
Dumping — Imports of ceramic tiles originating in China — Article 11(3) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(3) and (5) and Article 17 of Regulation (EU) 2016/1036) — Rejection of a request for a partial interim review, limited to dumping aspects, of the definitive anti-dumping duty established by Implementing Regulation (EU) No 917/2011 — Lasting change in circumstances — Sampling — Individual examination — No cooperation in the investigation that led to the adoption of the definitive measures
Language of the case: English
Case T-55/17 Healy v Commission
Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to length of service within the Commission — Non-admission to the assessment tests in a competition
Language of the case: French
Case T-73/17 RS v Commission
Civil service — Temporary agents — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to the requirement of 12 months’ continuous employment before the expiry of the deadline for submitting an application — Leave on personal grounds — Non-admission to the tests in a competition
Language of the case: French
Case T-79/17 Schoonjans v Commission
Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to the function group to which the candidate belongs on the closing date for online applications — Non-admission to the assessment tests in a competition
Language of the case: French
Case T-732/14 Sberbank of Russia v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity
Language of the case: English
Cases T-735/14 and T-799/14 Gazprom Neft v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained on the list of entities to which the restrictive measures apply — Obligation to state reasons — Legal basis — Partnership and Cooperation Agreement between the European Union and Russia — Right to property — Right to carry on an economic activity — Proportionality
Language of the case: English
Case T-798/14 DenizBank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Inclusion of the name of the entity owning the applicant in the list of entities to which the restrictive measures apply — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — EU-Turkey Association Agreement — Fundamental rights — Proportionality
Language of the case: English
Case T-702/16 P Barroso Truta and Others v Court of Justice of the European Union
Appeal — Civil service — Members of the contract staff — Pensions — Transfer to the European Union pension scheme of pension rights acquired previously under national schemes — Damage resulting from the allegedly insufficient information provided to the appellants by the AECE when communicating the proposals concerning additional pensionable years relating to them — Dismissal of the action for damages at first instance — Fourth paragraph of Article 77 of the Staff Regulations — Material damage
Language of the case: French
Case T-68/15 HH Ferries and Others v Commission
State aid — Aid in favour of the Øresund road-rail fixed link — Public financing granted by the Swedish State and the Danish State to the Fixed Link infrastructure project across the Øresund — State guarantees — Tax aid — Decision not to raise any objection — Decision that there was no State aid — Action for annulment — Challengeable act — Admissibility — Failure to initiate the formal investigation procedure — Serious difficulties — Concept of ‘aid scheme’ — Aid to promote the execution of an important project of common European interest — Assessment of the aid element in a guarantee — Whether the aid contained in a guarantee is limited — Proportionality — Legitimate expectations
Language of the case: English
Case T-242/17 SC v Eulex Kosovo
Action for annulment and for damages — Arbitration clause — Common foreign and security policy — EU international mission staff — Consecutive fixed-term employment contracts — Internal competition — Impartiality of the selection board — Non-renewal of a fixed term contract — Partial reclassification of the action — Contractual liability — Non-contractual liability — Material and non-material harm — Action in part manifestly inadmissible and in part manifestly unfounded in law
Language of the case: English
Case T-266/17 Kwizda Holding v EUIPO – Dermapharm (UROAKUT)
EU trade mark — Opposition proceedings — Application for EU word mark UROAKUT — Earlier national and international figurative marks UroCys — Relative grounds for refusal — No likelihood of confusion — Power to alter decisions — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: German
Cases T-639/15 to T-666/15 and T-94/16 Psara and Others v Parliament
Access to documents — Regulation (EC) No 1049/2001 — European Parliament — Expenditure by Members of the Parliament of their allowances — Refusal to grant access — Non-existent documents — Personal data — Regulation (EC) No 45/2001 — Need to transfer the data — Specific and individual examination — Partial access — Excessive administrative burden — Obligation to state reasons
Language of the case: English
Case T-260/16 Sweden v Commission
EAGF and EAFRD — Expenditure excluded from financing — Decoupled direct aid — On-the-spot checks — Remote sensing — Evaluation of the risk factors — Corrective measures to be taken by the Member State concerned — Assessment of the financial damage — Proportionality
Language of the case: Swedish
Case T-238/17 Gugler v EUIPO – Gugler France (GUGLER)
EU trade mark — Invalidity proceedings — EU figurative mark GUGLER — Earlier national company name Gugler France — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Likelihood of confusion
Language of the case: English
Case T-574/14 EAEPC v Commission
Competition — Agreements, decisions and concerted practices — Parallel trade in medicines — Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States — Request for re-examination of a complaint following judgments of the Court of Justice and the General Court — Article 266 TFEU — Rejection of a complaint — No Union interest — Cessation of the anti-competitive practice — Absence of persisting anti-competitive effects — Case being dealt with by a competition authority of a Member State — Obligations in relation to the investigation of a complaint — Article 105 TFEU — Article 7 of Regulation (EC) No 1/2003 — Procedural rights of a complainant — Obligation to state reasons
Language of the case: English
Case T-62/16 Puma v EUIPO – Doosan Machine Tools (PUMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark PUMA — Earlier international figurative trade marks PUMA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-682/16 France v Commission
EAGF — Area-linked aid — Procedure for the suspension of monthly payments to a Member State — Article 41(2)(b) of Regulation (EU) No 1306/2013 — Key components of the national control system — Deficiencies found — Action plan including clear progress indicators established in consultation with the Commission — Proportionality
Language of the case: French
Case T-288/15 Ezz and Others v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Admissibility — Objectives — Criteria for inclusion of persons targeted — Renewal of designation of the applicants on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to fair trial — Presumption of innocence — Right to good administration — Error of law — Manifest error of assessment — Right to property — Rights of the defence — Right to effective judicial protection
Language of the case: English
Case T-12/17 Mellifera v Commission
Consumer protection — Implementing Regulation (EU) 2016/1056 — Implementing Regulation extending the approval period of the active substance ‘glyphosate’ — Regulation (EC) No 1367/2006 — Request for internal review — Article 2(1)(g) and Article 10(1) of Regulation No 1367/2006 — Measure of individual scope — Aarhus Convention
Language of the case: German
Information (on unpublished decisions)
Case T-14/16 Apimab Laboratoires and Others v Commission
Consumer protection — Setting of maximum levels for polycyclic aromatic hydrocarbons in food supplements — Regulation (EEC) No 315/93 — Risk analysis — Regulation (EC) No 178/2002 — Manifest error of assessment — Proportionality — Principle of non-discrimination
Case T-715/17 Hermann Biederlack v EUIPO (Feeling home)
European Union trade mark — Application for EU word mark Feeling home — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any basis in law
Case T-504/18 R XG v Commission
Interim measures — Refusal to grant access to the Commission’s premises — Application for interim measures — No interest in obtaining the interim measures sought
Case T-613/16 PH v Commission
Civil Service — Recruitment — Open competition — Notice of competition EPSO/AST-SC/03/15 — Decision to exclude the candidate from the competition — Family connection to a member of the selection board — Equal treatment
Case T-788/16 De Geoffroy and Others v Parliament
Civil service — Officials — Leave — Adoption of the Parliament’s new Guidelines on leave management — Individual decisions taken under the new guidelines in the interpretation services — Obligation to state reasons — Manifest error of assessment — Interests of the service — Plea of illegality
Case T-905/16 Chefaro Ireland v EUIPO – Laboratoires M&L (NUIT PRECIEUSE)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark NUIT PRECIEUSE — Earlier national word mark EAU PRECIEUSE — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-112/17 Pelikan v EUIPO – NBA Properties (NEW ORLEANS PELICANS)
EU trade mark — Opposition proceedings — Application for EU figurative mark NEW ORLEANS PELICANS — Earlier EU word marks and earlier national figurative mark Pelikan — Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001
Case T-257/17 RE v Commission
Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility
Case T-584/17 Primart v EUIPO – Bolton Cile España (PRIMART Marek Łukasiewicz)
EU trade mark — Opposition proceedings — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national work marks PRIMA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-715/14 Rosneft and Others v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Obligation to state reasons — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Partnership and Cooperation Agreement between the European Union and Russia — Right to property — Equal treatment — Proportionality — Misuse of powers — Legal certainty
Case T-734/14 VTB Bank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity
Case T-737/14 Vnesheconombank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included in the list of entities to which the restrictive measures apply — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection — Misuse of powers — Right to property — Freedom to conduct a business — Equal treatment
Case T-739/14 PSC Prominvestbank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Inclusion of the name of the entity owning the applicant in the list of entities to which the restrictive measures apply — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection — Misuse of powers — Right to property — Freedom to conduct a business — Equal treatment
Case T-515/15 Almaz-Antey Air and Space Defence v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Retention of the applicant’s name on the list of entities to which the restrictive measures apply — Proportionality — Error of assessment — Obligation to state reasons — Fundamental rights
Case T-627/16 Czech Republic v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by the Czech Republic — Decoupled direct aid — Remote-sensing checks — Wine-growing sector — Cross-compliance — Reoccurrence of non-compliance
Case T-94/17 ACTC v EUIPO – Taiga (tigha)
EU trade mark — Opposition proceedings — Application for the EU word mark tigha — Earlier EU word mark TAIGA — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Proof of genuine use of the earlier mark
Case T-104/17 Apple v EUIPO – Apo International (apo)
EU trade mark — Opposition proceedings — Application for EU figurative mark apo — Earlier EU figurative mark representing an apple and earlier EU word marks APPLE — Relative grounds for refusal — Similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)
Case T-184/17 Leifheit v EUIPO (Representation of four green squares on weighing scales)
EU trade mark — Application for EU trade mark consisting of four green squares on a scale — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-418/17 Eduard Meier v EUIPO – Calzaturificio Elisabet (Safari Club)
EU trade mark — Opposition proceedings — Application for the EU word mark Safari Club — Earlier national figurative mark WS Walk Safari — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Joined Cases T-495/17 and T-496/17 Gratis iҫ ve Dis Ticaret v EUIPO (gratis)
EU trade mark — Applications for EU figurative marks gratis — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-819/17 WH v EUIPO
Civil service — Officials –– 2016 appraisal –– Deletion of certain comments from the appraisal report — Inadmissibility
Case T-93/17 Duferco Long Products v Commission
State aid — Steel sector — Aid granted by Belgium in favour of a number of undertakings in the steel sector — Decision declaring the aid incompatible with the internal market and ordering its recovery — Duty to state reasons — Notion of State aid — Advantage — Private investor test
Case T-664/17 eSlovensko v Commission
Action for annulment — Subsidies — Finding of irregularities — Commission decision imposing an administrative penalty — Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union for a period of two years — Registration in the early detection and exclusion system database — Challenge — Article 76(d) of the Rules of Procedure — Disregard of the procedural requirements — Inadmissibility
Case T-604/16 HD v Parliament
Civil service — Officials — Remuneration — Family allowances — Household allowance — Education allowance — Dependent child allowance — Conditions for granting — Deduction of an allowance of like nature received from another source — Recovery of undue payments — Decisions to end entitlement to certain allowances — Error of law — Manifest error of assessment
Case T-623/16 Volkswagen v EUIPO – Paalupaikka (MAIN AUTO WHEELS)
EU trade mark — Opposition proceedings — Application for EU figurative mark MAIN AUTO WHEELS — Earlier EU figurative marks VW — Absolute ground for refusal — No similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 (now first sentence of Article 94(1) of Regulation 2017/1001)
Case T-39/17 Chambre de commerce et d'industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to preliminary investigations concerning schemes for State aid in the ports sector of all the Member States — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Regulation (EC) No 45/2001 — Concept of privacy — Exception concerning the protection of the purpose of inspections, investigations and audits — Application of a general presumption — Overriding public interest
Case T-61/17 Selimovic v Parliament
Law governing the institutions — European Parliament — Psychological harassment — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of a reprimand — Article 166 of the Rules of Procedure of the Parliament — Right to good administration — Right of access to the file — Obligation to state reasons — Legal certainty — Misuse of power — Non-contractual liability
Case T-652/17 Eddy's Snack Company v EUIPO – Chocoladefabriken Lindt & Sprüngli (Eddy's Snackcompany)
EU trade mark — Opposition proceedings — Application for EU word mark Eddy’s Snackcompany — Earlier national word mark TEDDY — Relative ground for refusal — Principle of ne ultra petita — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation (EU) No 2017/1001) — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-123/17 Exaa Abwicklungsstelle für Energieprodukte v ACER
Energy — Decision of the Board of Appeal of ACER — Rejection of the application to intervene — Direct and existing interest at the end of the procedure — Obligation to state reasons — Right to be heard
Case T-146/17 Mondi v ACER
Energy — Decision of the Board of Appeal of ACER — Rejection of the application to intervene — Direct and existing interest at the end of the procedure — Right to be heard
Case T-192/17 RZ v EESC and Comittee of the Regions
Civil service — Officials — [confidential] 1 Confidential information redacted. — Action for annulment and damages — No act adversely affecting an official
Case T-488/17 Ghost - Corporate Management v EUIPO (Dry Zone)
EU trade mark — Application for the EU word mark Dry Zone — Period for bringing an action — Lateness — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — No force majeure or unforeseeable circumstances — Obligations of care and diligence — Legitimate expectations
Case T-668/17 Maico Holding v EUIPO – Eico (Eico)
EU trade mark — Opposition proceedings — Application for EU word mark Eico — Earlier EU word mark MAICO — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-815/17 Správa železniční dopravní cesty v Commission and INEA
Action for annulment — Financial assistance — Project of common interest in the field of trans-European transport and energy networks — Preliminary planning services for the new Dresden-Prague high-speed rail line — Decision on eligible costs — Incorrect identification of the defendant — Not directly affected — Inadmissibility
Case T-618/17 Activa Minoristas del Popular v ECB and SRB
Action for annulment — Economic and monetary policy — Adoption of a resolution scheme in respect of Banco Popular Español — Action for annulment — Association set up after the adoption of the contested measure — Lack of direct concern — Manifestly inadmissible
Case T-775/17 Estampaciones Rubí v Commission
Action for annulment and for failure to act — State aid — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility
Case T-10/16 GABO:mi v Commission
Arbitration clause — Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting reimbursement of part of the grants awarded — Debit note — Setting off of claims — Amendment of application — Admissibility — Eligibility of expenses — Funds held in trust — Duty to record costs in contractor’s accounts — Compliance with accounting rules in the State in which the contractor is established — Legal certainty — Legitimate expectations — Good governance — Transparency — Right to be heard — Proportionality
Case T-33/17 Amicus Therapeutics UK and Amicus Therapeutics v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted as part of the request for authorisation to place the medicinal product Galafold on the market — Decision to grant a third party access to a document — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Case T-180/17 EM Research Organization v EUIPO – Christoph Fischer and Others (EM)
EU trade mark — Invalidity proceedings — EU word mark ‘EM’ — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Evidence produced for the first time before the General Court
Case T-182/17 Novartis v EUIPO – Chiesi Farmaceutici (AKANTO)
EU trade mark — Opposition proceedings — Application for EU word mark AKANTO — Earlier EU word mark KANTOS — 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)
Case T-233/17 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Direct payments — POSEI programme — Exceeding of ceilings — Payment delays — First subparagraph of Article 11(1) of Regulation No 885/2006 — Double financial correction — Rights of the defence — Proportionality
Case T-328/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark BBQLOUMI — Prior EU collective word mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-384/17 Cyprus v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark BBQLOUMI — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-435/17 Grendene v EUIPO – Hipanema (HIPANEMA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark HIPANEMA — Earlier figurative EU and national trade marks Ipanema and iPANEMA — Relative ground for refusal — No similarity between the goods — Aesthetically complementary nature — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-457/17 Medisana v EUIPO (happy life)
EU trade mark — Application for the EU word mark happy life — No distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001)
Case T-463/16 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Area-related aids — Reductions and exclusions for failure to comply with the rules on cross compliance — Regulation (EC) No 73/2009 — Regulation (EC) No 1122/2009 — Regulation (EC) No 885/2006 — Proportionality
Case T-589/16 HS v EIB
Civil service — EIB staff — Transfer of pension rights — Amount transferred — Non-contractual liability — Pre-litigation procedure — Conciliation procedure before the EIB — Reasonable period — Manifest inadmissibility
Case T-70/17 TenneT Holding v EUIPO – Ngrid Intellectual Property (NorthSeaGrid)
EU trade mark — Opposition proceedings — Application for EU figurative mark NorthSeaGrid — Earlier EU word and figurative marks nationalgrid — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-116/17 Spiegel-Verlag Rudolf Augstein and Sauga v ECB
Access to documents — Decision 2004/258/EC — Documents concerning the public debt and the budget deficit of an EU Member State — Refusal of access — Exceptions relating to the economic policy of the European Union and of a Member State
Case T-219/17 M J Quinlan & Associates v EUIPO – Intersnack Group (Shape of a kangaroo)
EU trade mark — Revocation proceedings — Three-dimensional trade mark in the shape of a kangaroo — Declaration of revocation — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use — Nature of use
Case T-448/17 Sevenfriday v EUIPO – Seven (SEVENFRIDAY)
EU trade mark — Opposition proceedings — Application for EU word mark SEVENFRIDAY — Earlier EU word mark SEVEN — 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)
Case T-449/17 Sevenfriday v EUIPO – Seven (SEVENFRIDAY)
EU trade mark — Opposition proceedings — Application for EU word mark SEVENFRIDAY — Earlier EU word mark SEVEN — International registration designating the European Union — Earlier figurative mark 7SEVEN — 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)
Case T-472/17 Wilhelm Sihn jr. v EUIPO – in-edit (Camele'on)
EU trade mark — Opposition proceedings — Application for EU figurative mark Camele’on — Earlier international and national word marks CHAMELEON — Relative ground for refusal — No similarity — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-595/17 Demp v EUIPO (Combination of the colours yellow and grey)
EU trade mark — Application for an EU trade mark consisting of a combination of the colours yellow and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-712/17 Ntolas v EUIPO – General Nutrition Investment (GN Laboratories)
EU trade mark — Opposition proceedings — Application for EU word mark GN Laboratories — Earlier EU word mark GNC — 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)
Case T-825/17 Carbon System Verwaltungs v EUIPO (LIGHTBOUNCE)
EU trade mark — Application for the EU word mark LIGHTBOUNCE — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-708/17 OPS Újpest v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Period allowed for commencing proceedings — Delay — Inadmissibility
Case T-709/17 M-Sansz v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Concept of ‘party concerned’ — No individual concern — Inadmissibility
Case T-710/17 Lux-Rehab Non-Profit v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Concept of ‘party concerned’ — No individual concern — Inadmissibility
Case T-713/17 Motex v Commission
Action for annulment — State Aid — Aid implemented by Hungary in favour of undertakings which have employed persons with disabilities — Preliminary review procedure — Decisions allegedly taken by the Commission declaring the aid to be compatible with the internal market — Concept of party concerned — Lack of individual concern — Inadmissibility
October 2018
Case T-128/14 Daimler v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the procedure initiated pursuant to Article 29 of Directive 2007/46/EC allowing a Member State to refuse to register vehicles that present a serious risk to road safety or seriously harm the environment or public health — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Aarhus Convention — Refusal to grant access to the file — Article 41 of the Charter of Fundamental Rights
Language of the case: German
Case T-17/17 Constantinescu v Parliament
Civil service — Officials — Education — Admission to childcare facilities — Decision to enrol a child in childcare facilities other than those where he was previously enrolled — Mistaken designation of the defendant in the application — Inadmissibility — Liability
Language of the case: French
Case T-150/17 Asolo v EUIPO – Red Bull (FLÜGEL)
European Union trade mark — Invalidity proceedings — European Union word mark FLÜGEL — Earlier national word marks …VERLEIHT FLÜGEL and RED BULL VERLEIHT FLÜÜÜGEL — Relative grounds for refusal — Extinction of rights due to acquiescence — Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) — Absence of likelihood of confusion — Absence of similarity between the goods — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 8(1) of Regulation No 207/2009 (now Article 8(1) of Regulation 2017/1001)
Language of the case: English
Case T-43/16 1&1 Telecom v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Acts against which no action may be brought — Inadmissibility
Language of the case: English
Case T-621/17 R Taminco v EFSA
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Publication of the conclusion of the examination carried out by EFSA on the review of the approval of the active substance thiram — Claim for confidential treatment of certain sections — Refusal to grant confidentiality — Application for interim measures — Lack of urgency
Language of the case: English
Case T-7/17 John Mills v EUIPO – Jerome Alexander Consulting (MINERAL MAGIC)
EU trade mark — Opposition proceedings — Application for EU word mark MINERAL MAGIC — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 (now Article 8(3) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-364/16 ArcelorMittal Tubular Products Ostrava and Others v Commission
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in China — Modification of the TARIC additional code for a company — Action for annulment — Challengeable act — Whether directly concerned — Individual concern — Admissibility — Effect of a judgment annulling a decision — Rule of equivalence of form
Language of the case: English
Case T-387/16 Terna v Commission
Financial aid — Projects of common interest in the field of trans-European energy networks — Determination of the final amount of the financial aid — Audit report identifying irregularities — Ineligible costs — Obligation to state reasons — Legitimate expectations — Proportionality
Language of the case: Italian
Case T-640/16 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — Heat stabilisers — Decision establishing an infringement of Article 81 EC — Decision amending the initial decision — Action for annulment — Interest in bringing proceedings — Admissibility — Fines — 10% ceiling — Group of companies — Equal treatment
Language of the case: English
Case T-567/16 McCoy v Comittee of the Regions
Civil service — Officials — Social security — Occupational disease — Occupational origin of the disease — Fifth paragraph of Article 78 of the Staff Regulations — Invalidity Committee — Obligation to state reasons — Manifest error of assessment — Liability — Non-material damage
Language of the case: French
Case T-435/12 Bacardi v EUIPO – Palírna U zeleného stromu (42 BELOW)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 42 BELOW — Non-registered earlier national figurative mark VODKA 42 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Use in the course of trade — Application of national law by EUIPO
Language of the case: English
Case T-447/16 Pirelli Tyre v EUIPO – Yokohama Rubber (Representation of an L-shaped groove)
EU trade mark — Invalidity proceedings — EU figurative mark representing an L-shaped groove — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 40/94 — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) — Regulation (EU) 2015/2424 — Application of the law ratione temporis — Shape of the goods — Nature of the sign — Account taken of material relevant to identifying the essential characteristics of the sign — General interest underlying Article 7(1)(e)(ii) of Regulation No 40/94
Language of the case: English
Case T-29/17 RQ v Commission
Civil service — Officials — Director-General of OLAF — Decision waiving the applicant’s immunity from legal proceedings — Lis pendens — Act adversely affecting a person — Obligation to state reasons — Duty of assistance and duty to have regard to the welfare of officials — Legitimate expectations — Rights of the defence
Language of the case: French
Case T-286/15 KF v SatCen
Actions for annulment and for compensation — SatCen staff — Members of the contract staff — Jurisdiction of the EU judicature — Common foreign and security policy — Article 24 TEU — Articles 263, 268, 270 and 275 TFEU — Article 47 of the Charter of Fundamental Rights — Equal treatment — Decisions 2014/401/CFSP and 2009/747/CFSP — SatCen’s Appeals Board — Plea of illegality — Request for assistance — Manner in which the administrative investigation was carried out — Suspension — Disciplinary proceedings — Removal — Principle of sound administration — Requirement of impartiality — Right to be heard — Access to the file — Non-contractual liability — Premature claim for damages — Non-material damage
Language of the case: English
Case T-334/16 P FN and Others v CEPOL
Appeal — Civil service — Temporary staff — Transfer of CEPOL’s seat in Bramshill (United Kingdom) to Budapest (Hungary) — Reassignment of staff — Act not open to challenge — Inadmissibility of the action before the Civil Service Tribunal
Language of the case: English
Case T-729/16 PO and Others v EEAS
Civil service – EEAS – Remuneration – Officials posted to the Beijing delegation – Family allowances – Education allowance for 2015/2016 – Second sentence of Article 15 of Annex X to the Staff Regulations – Exceedance of the statutory ceiling for third countries – Decision to cap the reimbursement of education costs in exceptional circumstances – General Implementing Provisions
Language of the case: French
Case T-122/17 Devin v EUIPO – Haskovo (DEVIN)
EU trade mark — Cancellation proceeding — European Union word mark DEVIN — Absolute ground for refusal — Descriptive character — Geographical name — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: English
Information (on unpublished decisions)
Case T-186/17 Unipreus v EUIPO – Wallapop (wallapop)
EU trade mark — Opposition proceedings — Application for EU figurative mark wallapop — Prior national figurative mark wala w — 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) — Similarity of the services
Case T-313/17 Wajos v EUIPO (Form of a container)
EU trade mark — Application for a three-dimensional trade mark — Form of a container — Absolute ground for refusal — Distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-33/18 Pracsis and Conceptexpo Project v Commission and EACEA
Action for annulment and for damages — Public service contracts — Administrative appeal before the Commission — Purely confirmatory act — Deadline for bringing an appeal — Act not open to challenge — Inadmissibility
Case T-272/16 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Hellenic Republic — Flat-rate financial corrections — Specific financial corrections — Area-related aid scheme — Concept of permanent pasture — Conditions for imposing a flat-rate correction of 25% — Flat-rate correction of 10% — Flat-rate correction of 5% — Article 31(4) of Regulation (EC) No 1290/2005 — Key controls — Ancillary controls — Multiannual measures — Long-term projects
Case T-328/16 Paice v EUIPO – Blackmore (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — No likelihood of misrepresentation
Case T-344/16 Blackmore v EUIPO – Paice (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — No likelihood of misrepresentation — Article 177(1)(d) of the Rules of Procedure of the General Court — Inadmissibility
Case T-345/16 Blackmore v EUIPO – Paice (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — Goodwill — Breach of formal requirements — Article 177(1)(d) of the Rules of Procedure of the General Court — Inadmissibility
Case T-546/16 Tataram v Commission
Civil service — Officials — Adjustment of remuneration — Regulation (EU) No 423/2014 — Salary slip — Time-limit for bringing an action — Out of time — Inadmissibility
Case T-615/16 PD v EIB
Civil service — Personnel of the EIB — Psychological harassment — Total and permanent disability — Application for recognition of the occupational origin of a disease — Action brought before the closure of the procedure for recognition of the occupational origin of a disease — Inadmissibility
Case T-914/16 Proof IT v EIGE
Public service contracts — Tender procedure — Request for services that were split into two lots — Management consultancy services — Maintenance and updating of statistical tools and resources — Rejection of the tender submitted by a tenderer — Award criteria — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-506/17 Makhlouf v Council
Action for annulment — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-736/17 Lincoln Global v EUIPO (FLEXCUT)
EU trade mark — Application for EU word mark FLEXCUT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-820/17 Frinsa del Noroeste v EUIPO – Alimentos Friorizados (Alfrisa)
EU trade mark — Opposition proceedings — Application for EU figurative mark Alfrisa — Earlier EU figurative mark Frinsa F — 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)
Case T-884/16 Multiconnect v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Measures against which no action may be brought — Inadmissibility
Case T-885/16 Mass Response Service v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Acts against which no action may be brought — Inadmissibility
Case T-632/17 Erdősi Galcsikné v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 — Refusal of access — Article 4(2) third indent of Regulation No 1049/2001 — Exception relating to protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
Case T-633/17 Sárossy v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the procedure EU Pilot No 8572/16 CHAP(2015) 00353 — Refusal to grant access — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
Case T-634/17 Pint v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 — Refusal of access — Article 4(2) third indent of Regulation No 1049/2001 — Exception relating to protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
Case T-697/17 De Longhi Benelux v EUIPO (COOKING CHEF GOURMET)
EU trade mark — Application for the EU word mark COOKING CHEF GOURMET — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001)
Case T-93/16 Rheinmetall Waffe Munition v EUIPO (VANGUARD)
EU trade mark — International registration designating the European Union — Word mark VANGUARD — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) No 2017/1001)
Case T-24/17 LA Superquimica v EUIPO – D-Tack (D-TACK)
EU trade mark — Opposition proceedings — Application for EU word mark D-TACK — Earlier national word mark TACK — Proof of genuine use of the earlier mark — Use under a different form — Opposition dismissed — Point (a) of the second subparagraph of Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 (now point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) — Rule 20(1) of Regulation (EC) No 2868/1995 (now Article 8(1) and (7) of Delegated Regulation (EU) 2018/625)
Case T-374/17 Cuervo y Sobrinos 1882 v EUIPO – A. Salgado Nespereira (Cuervo y Sobrinos LA HABANA 1882)
EU trade mark — Invalidity proceedings — EU figurative mark Cuervo y Sobrinos LA HABANA 1882 — Earlier national word marks CUERVO Y SOBRINO — Relative ground for refusal — Similarity of the goods — Similarity of the signs — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-561/17 L-Shop-Team v EUIPO (bags2GO)
EU trade mark — Application for the EU figurative mark bags2GO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) No 2017/1001)
Case T-120/17 M&T Emporia Ilektrikon-Ilektronikon Eidon v EUIPO (fluo.)
EU trade mark — Application for EU figurative mark fluo. — Partial rejection of the application for registration — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-79/16 Vereniging Gelijkberechtiging Grondbezitters and Others v Commission
State aid — Aid scheme relating to the subsidised acquisition or free granting of nature land — Decision declaring the aid compatible with the internal market at the end of the preliminary examination stage — No formal investigation procedure — Locus standi — Notion of interested party — Admissibility — Infringement of procedural rights — Serious difficulties — Substantial effect on the competitive position of the competing undertakings
Case T-164/17 Apple and Pear Australia and Star Fruits Diffusion v EUIPO – Pink Lady America (WILD PINK)
EU trade mark — Opposition proceedings — Application for EU word mark WILD PINK — Earlier EU and national word marks PINK LADY — Earlier EU figurative marks Pink Lady — 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) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-444/17 CompuGroup Medical v EUIPO – Medion (life coins)
EU trade mark — Opposition proceedings — Application for EU word mark life coins — Earlier EU word mark LIFE — 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)
Case T-605/16 OY v Commission
Civil service — Members of the contract staff — Article 3b of the CEOS — Recruitment — Classification in grade — Account taken of professional experience — General Implementing Provisions for Article 79(2) of the CEOS
Case T-10/17 Proof IT v EIGE
Public service contracts — Tender procedure — Request for services that were split into two lots — Website services — Rejection of the tender submitted by a tenderer — Award criteria — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-171/17 M & K v EUIPO – Genfoot (KIMIKA)
EU trade mark — Opposition proceedings — Application for EU word mark KIMIKA — Earlier EU word mark KAMIK — Relative grounds 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) — Genuine use — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-548/17 VF International v EUIPO – Virmani (ANOKHI)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark ANOKHI — Earlier EU figurative mark kipling — Earlier EU figurative mark representing the silhouette of a monkey — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 EU) — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-581/17 Asics v EUIPO – Van Lieshout Textielagenturen (Representation of four crossed lines)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark representing four crossed lines — Obligation to state reasons — Article 75 and Article 76(1) of Regulation No 207/2009 (now Article 94 and Article 95(1) of Regulation 2017/1001) — No similarity between the signs — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-644/17 DNV GL v EUIPO (Sustainablel)
European Union trade mark — Application for European Union word mark Sustainablel — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/2001)
Case T-8/17 Golden Balls v EUIPO – Les Éditions P. Amaury (GOLDEN BALLS)
EU trade mark — Opposition proceedings — Application for EU word mark GOLDEN BALLS — Earlier EU word mark BALLON D’OR — Relative ground for refusal — Unfair advantage taken of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-26/17 Jalkh v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Connection with the duties of a Member of the European Parliament — Equal treatment — Legal certainty — Legitimate expectations — Procedure for waiving immunity — Rights of defence — Misuse of powers — Non-contractual liability
Case T-27/17 Jalkh v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Legal certainty — Legitimate expectation — Procedure for waiving immunity — Rights of the defence — Abuse of power — Non-contractual liability
Case T-788/17 Szabados v EUIPO – Sociedad Española de Neumología y Cirugía Torácica (Separ) (MicroSepar)
EU trade mark — Opposition proceedings — Application for EU word mark MicroSepar — Earlier EU figurative mark SeparSolidaria — 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)
Case T-822/17 Weber-Stephen Products v EUIPO (iGrill)
EU trade mark — Application for the EU word mark iGrill — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-109/17 FCA US v EUIPO – Busbridge (VIPER)
EU trade mark — Invalidity proceedings — EU word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark — Goods for which the earlier mark has been used — Extent of use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001)
Case T-367/17 Linak v EUIPO – ChangZhou Kaidi Electrical (Electrically operated lifting column)
Community design — Invalidity proceedings — Registered Community design representing an electrically operated lifting column — Earlier Community design — Ground for invalidity — No individual character — Informed user — No different overall impression — Article 6 of Regulation (EC) No 6/2002
Case T-368/17 Linak v EUIPO – ChangZhou Kaidi Electrical (Electrically operated lifting column)
Community design — Invalidity proceedings — Registered Community design representing an electrically operated lifting column — Earlier Community design — Ground for invalidity — No individual character — Informed user — No different overall impression — Article 6 of Regulation (EC) No 6/2002
Case T-533/17 Next design+produktion v EUIPO – Nanu-Nana Joachim Hoepp (nuuna)
European Union trade mark — Opposition proceedings — Application for EU figurative mark — Earlier EU word marks NANU and NANU-NANA — Relative ground for refusal — Assessment of the likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 [now Article 8(1)(b) of Regulation (EU) 2017/1001] — Complementarity of the goods — Principles of autonomy and independence of the EU trade mark — Principles of compliance with the law and sound administration — Legal certainty
Case T-672/17 Mamas and Papas v EUIPO – Wall-Budden (Cot bumper)
Community design — Invalidity proceedings — Registered Community design representing a cot bumper — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Principle of functional continuity — Insufficient evidence to establish disclosure
Case T-299/15 Nova v Commission
Case T-477/16 Epsilon International v Commission
Arbitration clause — Contracts concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Interest in bringing proceedings — Eligible costs — Suspension of payment — Application for annulment — Decision to register the applicant in the central database of the Early Detection and Exclusion System (EDES) — Act not open to challenge — Inadmissibility
Case T-63/17 Grupo Orenes v EUIPO – Akamon Entertainment Millenium (Bingo VIVA ! Slots)
European Union trade mark — Opposition proceedings — Application for European Union figurative mark Bingo VIVA ! Slots — Earlier European Union figurative mark vive bingo — 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) — Subject matter of the dispute
Case T-162/17 RENV Fernández González v Commission
Case T-261/17 Bayer v EUIPO – Uni-Pharma (SALOSPIR)
EU trade mark — Opposition proceedings — Application for EU figurative mark SALOSPIR — Earlier EU figurative marks representing coloured stripes and earlier national marks Aspirin — Relative grounds for refusal — Similarity of the signs –– Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Reputation –– Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Use of a sign of more than mere local significance in the course of trade — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001)
Case T-400/17 Deza v Commission
Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property
Case T-129/17 RENV DI v EASO
Civil service — EASO staff — Members of the contract staff — Fixed-term contract — Probationary period — Decision to dismiss at the end of the probationary period — Rule of correspondence between the application and the complaint — Liability
Case T-359/17 Aldo Supermarkets v EUIPO – Aldi Einkauf (ALDI)
EU trade mark — Opposition procedure — Application for EU word mark ALDI — Earlier national figurative mark ALDO — Relative ground for refusal — Conditions governing admissibility of the opposition — Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) — Conditions governing representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Lack of proof of genuine use of earlier mark — Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001
Case T-337/18 RII Laboratoire Pareva v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — New application — No new facts — Inadmissibility
Case T-347/18 RII Laboratoire Pareva and Biotech3D v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — New application — No new facts — Inadmissibility
Case T-419/18 R Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Application for interim measures — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of certain information in a decision finding an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case
Case T-420/18 R JPMorgan Chase and Others v Commission
Application for interim measures — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of a decision establishing an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case
Case T-590/18 R Antonakopoulos v Parliament
Application for interim measures — Civil service — Officials — Suspension of an official from duties without withholding remuneration — Application for suspension of operation of a measure — Damage to reputation — No urgency
Case T-591/18 R ZD v Parliament
Application for interim measures — Civil service — Officials — Suspension of an official from duties without withholding remuneration — Application for suspension of operation of a measure — Damage to reputation — No urgency
Case T-603/18 R ZE v Parliament
Interim measures — Civil service — Officials — Suspension of an official without the withholding of remuneration — Application for interim measures — Damage to reputation — No urgency
November 2018
Case T-717/17 Chioreanu v ERCEA
Action for annulment — ERCEA — ‘Horizon 2020 Framework Programme for Research and Innovation’ — Decision rejecting the request for review of evaluation of the research proposal — Administrative appeal before the Commission — Dismissal of the administrative appeal — Incorrect designation of the defendant — Application for an order — Manifest inadmissibility
Language of the case: Romanian
Case T-544/13 RENV Dyson v Commission
Directive 2010/30/EU — Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products — Commission delegated regulation supplementing the directive — Energy labelling of vacuum cleaners — Essential element of an enabling act
Language of the case: English
Case T-718/16 Mad Dogg Athletics v EUIPO – Aerospinning Master Franchising (SPINNING)
EU trade mark — Revocation proceedings — EU word mark SPINNING — Partial revocation — Article 51(1)(b) of Regulation (EC) No 207/2009 (now Article 58(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-827/16 QB v ECB
Civil Service — Staff of the ECB — Appraisal — [2015] performance appraisal report — Opportunity to be accompanied by a trade union representative at the appraisal interview — Breach of the rules of objectivity and impartiality on the part of the appraiser — Remuneration — Decision not to award a salary increase — Admissibility of evidence — Email exchanged between a member of staff and her coach via an office email system — Liability
Language of the case: French
Case T-454/17 "Pro NGO!" v Commission
Public procurement — Tender procedure — Investigation by private auditor — OLAF investigation — Finding of irregularities — Decision of the Commission imposing an administrative sanction on the applicant — Exclusion from procurement and grant award procedures covered by the general EU budget for a six-month period — Inclusion on the early detection and exclusion system database — New plea — Rights of the defence
Language of the case: German
Joined Cases T-202/10 RENV II and T-203/10 RENV II Stichting Woonlinie and Others v Commission
State aid – Social housing – Aid scheme for social housing corporations – Existing aid – Commitments of the Member State – Decision declaring the aid compatible with the internal market – Article 17 of Regulation (EC) No 659/1999 – Service of general economic interest – Article 106(2) TFEU – Definition of public-service mission
Language of the case: Dutch
Case T-207/10 Deutsche Telekom v Commission
State aid — Tax scheme allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its partial recovery — Provision enabling the scheme to continue to apply in part — Application for a declaration that there is no need to adjudicate — Continuing interest in bringing proceedings — Legitimate expectations — Precise assurances given by the Commission — Legitimacy of the expectation — Temporal scope of the legitimate expectation
Language of the case: German
Case T-219/10 RENV World Duty Free Group v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Language of the case: Spanish
Case T-399/11 RENV Banco Santander and Santusa v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Language of the case: Spanish
Case T-316/14 PKK v Council
Common foreign and security policy — Restrictive measures imposed on the PKK with a view to combating terrorism — Freezing of funds — Powers of the Council — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Judicial review — Obligation to state reasons — Plea of illegality
Language of the case: English
Case T-487/14 CHEMK and KF v Commission
Dumping — Imports of ferro-silicon originating in Russia — Definitive anti-dumping duty — Expiry review — Determination of the export price — Single economic entity — Reflection of the anti-dumping duty in resale prices in the European Union — Application of a methodology different from that used in an earlier investigation — Continuation or recurrence of dumping and injury — Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EU) 2016/1036)
Language of the case: English
Case T-793/14 Tempus Energy and Tempus Energy Technology v Commission
State aid — United Kingdom capacity market — Aid scheme — Article 108(2) and (3) TFEU — Concept of doubts within the meaning of Article 4(3) or (4) of Regulation (EC) No 659/1999 — Guidelines on State aid for environmental protection and energy 2014-2020 — Decision not to raise any objections — No initiation of the formal investigation procedure — Procedural rights of interested parties
Language of the case: English
Case T-494/17 Iccrea Banca v Commission and SRB
Action for annulment and damages — Economic and monetary union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Incorrect identification of the defendant — Period for bringing an action — Out of time — Hypothetical acts — Application for damages — Close connection with the application for annulment — Plea of illegality — Manifest inadmissibility
Language of the case: Italian
Case T-545/11 RENV Stichting Greenpeace Nederland and PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the first authorisation of the placing on the market of the active substance ‘glyphosate’ — Partial refusal of access — Exception relating to the protection of the commercial interests of a third party — Article 4(5) of Regulation No 1049/2001 — Overriding public interest — Regulation (EC) No 1367/2006 — Article 6(1) of Regulation No 1367/2006 — Directive 91/414/EEC
Language of the case: English
Case T-587/16 HM v Commission
Civil service – Officials – Recruitment – Competition notice EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time – Division of competences between EPSO and the competition selection board
Language of the case: German
Case T-82/17 PepsiCo v EUIPO – Intersnack Group (Exxtra Deep)
EU trade mark — Invalidity proceedings — EU word mark Exxtra Deep — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-603/16 Brahma v Court of Justice of the European Union
Civil service — Probationers — Probationary period — Extension of the probationary period — Dismissal after the end of the probationary period — Article 34 of the Staff Regulations — Misuse of powers — Obligation to state reasons — Article 25(2) of the Staff Regulations — Right to be heard — Article 90(2) of the Staff Regulations — Responsibility — Formal requirements — Rule of correspondence between complaint and action — Admissibility — Material harm — Non-material damage — Causal link
Language of the case: French
Case T-688/16 Janssen-Cases v Commission
Civil service — Officials — Recruitment — Vacancy notice — Commission’s mediator — Competent Appointing Authority — Delegation of powers — Procedure — Consultation of the Staff Committee — Responsibility
Language of the case: French
Case T-31/17 Portugal v Commission
EAGF — Expenditure excluded from financing — Specific measures for the outermost regions — Article 12(c) of Regulation (EC) No 247/2006 — Technical assistance — Checks — Procedural safeguards — Legitimate expectations
Language of the case: Portuguese
Case T-458/17 Shindler and Others v Council
Action for annulment — Institutional law — Withdrawal of the United Kingdom from the EU — Agreement setting out the arrangements for withdrawal — Article 50 TEU — Council Decision authorising the opening of negotiations with the United Kingdom with a view to conclusion of that agreement — UK citizens residing in another EU Member State — Preparatory act — Act not open to challenge — Lack of direct concern — Inadmissibility
Language of the case: French
Joined Cases T-314/16 and T-435/16 VG v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents and information concerning a Commission decision to put an end to a ‘letter of agreement and membership of Team Europe’ — Refusal of access — Exception relating to the protection of privacy and to the protection of individuals — Protection of personal data — Regulation (EC) No 45/2001 — Refusal to transfer data — Articles 7, 47 and 48 of the Charter of Fundamental Rights — Non-contractual liability
Language of the case: French
Case T-829/16 Mouvement pour une Europe des nations et des libertés v Parliament
Institutional law — European Parliament — Decision declaring certain expenditure by a political party ineligible for a grant in respect of financial year 2015 — Right to good administration — Legal certainty — Regulation (EC) No 2004/2003 — Prohibition on indirect funding of a national political party
Language of the case: French
Case T-315/17 Hebberecht v EEAS
Civil service — Officials — EEAS — Posting — Position of Head of Delegation of the European Union to Ethiopia — Decision refusing to extend the posting — Interests of the service — Obligation to state reasons — Equal treatment
Language of the case: French
Information (on unpublished decisions)
Case T-560/17 Fortischem v Parliament and Council
Action for annulment — Environment — Regulation (EU) 2017/852 — Protection of human health and the environment — Prohibition on chlor-alkali production using mercury as an electrode — Article 263, fourth paragraph, TFEU — Act not of individual concern — Inadmissibility
Case T-34/16 Lithuania v Commission
EAGF — Expenditure excluded from financing — Specific support for the bovine and ovine meat sectors — On-site inspections — Physical verification of the animals — Quality of the inspections — Inspection report — Flat-rate correction — Obligation to state reasons — Proportionality — One-off correction
Case T-724/16 P Cocchi and Falcione v Commission
Appeal — Civil service — Transfer of national pension rights — Article 24 of the Staff Regulations — Duty of the European Union to provide assistance — Loss of interest of the applicants in bringing proceedings during the course of the proceedings — No need to adjudicate at first instance — Causation
Case T-874/16 RA v Court of Auditors
Civil service — Officials — Promotion — 2016 promotion exercise — Decision not to promote the applicant to grade AD 11 — No staff report — Comparison of merits
Case T-550/17 Troszczynski v Parliament
Law governing the institutions — Member of the European Parliament — Privileges and immunities — Decision to lift parliamentary immunity — Activity unconnected to the functions of a Member — Procedure for lifting immunity — Non-contractual liability — Damage — Causal link
Case T-758/17 Perfect Bar v EUIPO (PERFECT BAR)
EU trade mark — Application for EU word mark PERFECT BAR — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-759/17 Perfect Bar v EUIPO (PERFECT Bar)
EU trade mark — Application for EU word mark PERFECT BAR — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-658/17 Stichting Against Child Trafficking v Commission
Action for annulment and for failure to act — Legal person informing OLAF of potentially reprehensible conduct — OLAF’s decision not to open an investigation — Measure not open to challenge — Inadmissibility — Costs — Equity — Article 135(1) of the Rules of Procedure
Case T-44/17 Camomilla v EUIPO – CMT (CAMOMILLA)
EU trade mark — Invalidity proceedings — EU word mark CAMOMILLA — Earlier national figurative mark CAMOMILLA — Rejection in part of the application for a declaration of invalidity — Relative ground for refusal — Likelihood of confusion — Genuine use of the earlier trade mark — Evidence — Counterclaim — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Article 57(2) and (3) of Regulation No 207/2009 (now Article 64(2) and (3) of Regulation 2017/1001)
Case T-241/17 Poland v Commission
EAGF and EAFRD — Expenditure excluded from financing — Implementing Regulation (EU) No 585/2011 — Temporary exceptional support measures for the fruit and vegetable sector following a deadly enterohaemorrhagic Escherichia coli (E. coli) outbreak — Non-harvesting operations — Extent of the compensation in favour of producers who performed such operations — Expenditure incurred by Poland — Obligation to state reasons
Case T-830/17 Szentes v Commission
Civil service — Officials — Recruitment — Competition notice — Open competition — Admission conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Request for review — Plea of illegality — Obligation to state reasons — Distortion of information in the application form — Manifest error of assessment — Breach of the notice of competition
Case T-486/17 Foodterapia v EUIPO – Sperlari (DIETOX)
EU trade mark — Opposition proceedings — Application for EU figurative mark DIETOX — Earlier EU figurative mark Dietor — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-711/17 Spinoit v Commission and Others
Action for annulment and damages — Measure adopted by the Head of Section of the Delegation of the European Union to Algeria in the context of a public service contract — Decision requesting the replacement of the applicant as an expert — Termination of the agreement between the contracting company and the applicant further to that decision — No capacity as a defendant — Act not open to challenge — No sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Action manifestly inadmissible in part and manifestly lacking any foundation in law in part
Case T-793/17 Bruel v Commission and Others
Action for annulment and damages — Measure adopted by the Head of Section of the EU Delegation to Algeria in the context of a public procurement procedure for the provision of services — Decision requesting the replacement of the applicant as an expert — Termination of the agreement between the successful tendering company and the applicant following that decision — No capacity as defendant — Act not open to challenge — No sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-227/10 Banco Santander v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Case T-239/11 Sigma Alimentos Exterior v Commission
State aid — Corporate income tax provisions allowing companies domiciled in Spain to amortise the goodwill resulting from acquisitions of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Differential treatment — Justification of differential treatment
Case T-405/11 Axa Mediterranean v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Case T-406/11 Prosegur Compañía de Seguridad v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Case T-113/15 RFA International v Commission
Dumping — Imports of ferro-silicon originating in Russia — Rejection of applications for a refund of anti-dumping duties paid — Determination of the normal value and the export price — Single economic entity — Reflection of the anti-dumping duty in resale prices in the European Union — Application of a methodology different from that used in an earlier investigation — Article 2(9) and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9) and Article 11(9) and (10) of Regulation (EU) 2016/1036) — Article 18.3.1 of the WTO anti-dumping agreement
Case T-216/17 Mabrouk v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Maintenance of the applicant’s name on the list — Insufficient factual basis — Manifest error of assessment — Error of law — Principle of good administration — Reasonable time
Case T-546/17 Haufe-Lexware v EUIPO – Le Shi Holdings (Beijing) (Leshare)
EU trade mark — Opposition proceedings — Application for the EU word mark Leshare — Earlier international word mark LEXWARE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs
Case T-809/17 Intercontact Budapest v CdT
Action for annulment — Public service contracts — Tendering procedure — Ranking of a tenderer in the cascade procedure — Period allowed for commencing proceedings — Delay — Inadmissible
Case T-831/17 DRH Licensing & Managing v EUIPO – Merck (Flexagil)
EU trade mark — Revocation proceedings — EU figurative mark Flexagil — Genuine use of the mark — Article 18(1), second subparagraph,(a) and Article 58(1)(a) of Regulation (EU) 2017/1001 — Form differing in elements which do not alter the distinctive character
Case T-140/18 LMP Lichttechnik v EUIPO (LITECRAFT)
EU trade mark — Application for EU word mark LITECRAFT — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-552/16 OT v Commission
Civil service — Members of the temporary staff — Candidature submitted for the post of Director of the EMCDDA — Rejection of the candidature — Opinion of the CCA — Non-challengeable act — Manifest inadmissibility
Case T-576/16 OT v Commission
Civil service — Members of the temporary staff — Candidature submitted for the post of Director of the EMCDDA — Rejection of the candidature — Lis pendens — Rejection of a request for assistance — No interest in bringing proceedings — Action in part manifestly inadmissible and in part manifestly unfounded
Case T-661/16 Credito Fondiario v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Plea of illegality — Manifest inadmissibility
Case T-14/17 Landesbank Baden-Württemberg v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility
Case T-42/17 VR-Bank Rhein-Sieg v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility
Case T-854/16 Barata v Parliament
Civil service — Officials — Promotion — 2015 promotion procedure — Certification procedure — Exclusion from the definitive list of officials authorised to follow the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence
Case T-790/17 St. Andrews Links v EUIPO (ST ANDREWS)
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-791/17 St. Andrews Links v EUIPO (ST ANDREWS)
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-36/18 Asahi Intecc v EUIPO – Celesio (Celeson)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Celeson — Earlier international word mark CELESIO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-339/17 Shenzhen Jiayz Photo Industrial v EUIPO – Seven (SEVENOAK)
EU trade mark — Opposition proceedings — Application for EU figurative mark SEVENOAK — Earlier international figurative mark 7seven — 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)
Case T-460/17 Bopp v EUIPO (Representation of an equilateral octagon)
EU trade mark — Application for an EU figurative mark representing a blue octagonal frame — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 94 of Regulation (EU) 2017/1001)
Case T-82/18 Husky CZ v EUIPO – Husky of Tostock (HUSKY)
EU trade mark — Application for EU figurative mark HUSKY — Earlier EU word and figurative marks HUSKY — Relative ground for refusal — Action manifestly lacking any foundation in law
Case T-508/15 Lithuania v Commission
EAGGF, EAGF and EAFRD — Expenditure excluded from financing — Expenditure by Lithuania — Aid for early retirement — Article 11(1) of Regulation (EC) No 1257/1999 — Article 23 of Regulation (EC) No 1698/2005 — Concept of carrying out a commercial farming activity — Connection with the concept of semi-subsistence farming
Cases T-274/16 and T-275/16 Saleh Thabet and Others v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Renewal of the applicants’ designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection
Case T-296/17 Buck-Chemie v EUIPO – Henkel (Cleansing block for toilets)
Community design — Invalidity proceedings — Registered Community design representing a cleansing block for toilets — Ground for invalidity — Individual character — Article 25 of Regulation (EC) No 6/2002
Case T-355/17 Daico International v EUIPO – American Franchise Marketing (RoB)
EU trade mark — Cancellation proceedings — Figurative mark RoB — Declaration of invalidity — Article 60(1) of Regulation (EC) No 207/2009 (now Article 68(1) of Regulation (EU) 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Rule 49(3) of Regulation (EC) No 2868/95 (now Article 23(3) of Regulation (EU) 2018/625) — Rule 62(3) of Regulation No 2868/95 (now Article 58(3) of Regulation 2018/625) — Action manifestly lacking any foundation in law
Case T-356/17 Daico International v EUIPO – American Franchise Marketing (RoB)
EU trade mark — Cancellation proceedings — Word mark RoB — Declaration of invalidity — Article 75 of Regulation (EC) No 207/2009 (now Article 94 of Regulation (EU) 2017/1001) — Rule 62(3) of Regulation (EC) No 2868/95 (now Article 58(3) of Regulation (EU) 2018/625) — Action manifestly lacking any foundation in law
Case T-424/17 Fruit of the Loom v EUIPO – Takko (FRUIT)
EU trade mark — Revocation proceedings — EU word mark FRUIT — Genuine use of the mark — Article 15(1)(a) of Regulation (EC) No 207/2009 (now Article 18(1)(a) of Regulation (EU) 2017/1001) — Res judicata — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001)
Case T-724/17 The Vianel Group v EUIPO – Viania Dessous (VIANEL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark VIANEL — Earlier EU word mark VIANIA — 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)
Case T-826/17 TeamBank v EUIPO – Fio Systems (FYYO)
EU trade mark — Opposition proceedings — Application for EU word mark FYYO — Earlier EU word mark FIO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-9/18 Addiko Bank v EUIPO (STRAIGHTFORWARD BANKING)
EU trade mark — Application for the EU work mark STRAIGHTFORWARD BANKING — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-59/18 Endoceutics v EUIPO – Merck (FEMIVIA)
EU trade mark — Opposition proceedings — Application for EU word mark FEMIVIA — Earlier EU word mark FEMIBION INTIMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-78/18 AB Mauri Italy v EUIPO – Lesaffre (FERMIN)
EU trade mark — Opposition proceedings — Application for registration of the EU word mark FERMIN — Earlier international and Benelux word marks FERMIPAN — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001
Case T-416/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (fino Cyprus Halloumi Cheese)
EU trade mark — Opposition proceedings — Application for EU figurative mark fino Cyprus Halloumi Cheese — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-417/17 Cyprus v EUIPO – Papouis Dairies (fino Cyprus Halloumi Cheese)
EU trade mark — Opposition proceedings — Application for EU figurative mark fino Cyprus Halloumi Cheese — Earlier United Kingdom certification word mark HALLOUMI — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs
Case T-702/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (Papouis Hallouimi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-703/17 Cyprus v EUIPO – Papouis Dairies (Papouis Halloumi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier United Kingdom certification word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-733/17 R GMPO v Commission
Interim relief — Medicinal products for human use — Active substance trientine tetrahydrochloride — Commission decision not to classify the medicinal product Cuprior-trientine as an orphan medicinal product — Regulation (EC) No 141/2000 — Application for suspension of operation of a measure — Lack of urgency
Case T-756/17 CMS Hasche Sigle v EUIPO (WORLD LAW GROUP)
EU trade mark — Application for EU word mark WORLD LAW GROUP — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-824/17 H2O Plus v EUIPO (H 2 O+)
EU trade mark — International registration designating the European Union — Figurative mark H 2 O+ — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-161/17 Le Pen v Parliament
Case T-305/18 R Klyuyev v Council
Application for interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — Application for suspension of operation of a measure — Prima facie case — No urgency
Case T-671/18 R ZU v Commission
Application for interim measures — Civil service — Application for suspension of operation — No urgency
Case T-459/16 Spain v Commission
Case T-720/16 ARFEA v Commission
Case T-811/16 Di Bernardo v Commission
Civil service — Officials — Recruitment — Competition notice — Open competition — Non-inclusion on the reserve list — Obligation to state reasons — Professional experience — Liability
Case T-214/17 Out of the blue v EUIPO – Dubois and MFunds USA (FUNNY BANDS)
EU trade mark — Invalidity proceedings — EU word mark FUNNY BANDS — Absolute grounds for refusal — Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
Case T-372/17 Louis Vuitton Malletier v EUIPO – Bee-Fee Group (LV POWER ENERGY DRINK)
EU trade mark — Invalidity proceedings — EU figurative mark LV POWER ENERGY DRINK — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark
Case T-373/17 Louis Vuitton Malletier v EUIPO – Fulia Trading (LV BET ZAKŁADY BUKMACHERSKIE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark LV BET ZAKŁADY BUKMACHERSKIE — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark
Case T-493/17 WL v ERCEA
Case T-651/17 Sata v EUIPO – Zhejiang Auarita Pneumatic Tools (Paint spray gun)
Community design — Invalidity proceedings — Registered Community design representing a paint spray gun — Earlier Community designs — Ground for invalidity — Informed user — Designer’s degree of freedom — Individual character — Saturation of the state of the art — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Expediency of oral proceedings — Article 64(1) of Regulation No 6/2002 — Duty to state reasons — Article 62 of Regulation No 6/2002
Case T-681/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (Khadi)
EU trade mark — Invalidity proceedings — EU word mark ‘Khadi’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — Mark containing badges, emblems or escutcheons — Article 7(1)(i) of Regulation No 207/2009 (now Article 7(1)(i) of Regulation 2017/1001) — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-682/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (khadí Naturprodukte aus Indíen)
EU trade mark — Invalidity proceedings — EU figurative mark ‘khadí Naturprodukte aus Indíen’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-683/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (Khadi Ayurveda)
EU trade mark — Invalidity proceedings — EU word mark ‘Khadi Ayurveda’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-763/17 Septona v EUIPO – Intersnack Group (welly)
EU trade mark — Opposition proceedings — Application for EU figurative mark welly — Earlier EU figurative marks Kelly’s and Kelly’s www.kellys.eu CHIPS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-275/18 Front Polisario v Council
Action for annulment — Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part — Act concluding the agreement — Lack of applicability of the agreement to the territory of Western Sahara — Lack of standing to bring proceedings — Inadmissibility
December 2018
Case T-518/16 Carreras Sequeros and Others v Commission
Civil service — Officials and members of the contractual staff — Reform of the Staff Regulations of 1 January 2014 — Article 6 of Annex X to the Staff Regulations — New provisions relating to annual leave applicable to officials posted in a third country — Objection of illegality — Purpose of annual leave
Language of the case: French
Case T-848/16 Deichmann v EUIPO – Vans (V)
EU trade mark — Opposition proceedings — Application for EU figurative mark V — Earlier international figurative marks V — Proof of the existence, validity and scope of the protection of an earlier trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625)
Language of the case: German
Case T-22/17 Portugal v Commission
EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Article 31(4)(c) of Regulation (EC) No 1290/2005 — Absence of evidence of serious and reasonable doubt — Key controls — Ancillary controls
Language of the case: Portuguese
Case T-665/17 China Construction Bank v EUIPO – Groupement des cartes bancaires (CCB)
EU trade mark — Opposition proceedings — Application for EU figurative mark CCB — Earlier EU figurative mark CB — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Reputation and enhanced distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Second sentence of Article 75 and Article 76(1) of Regulation No 207/2009 (now second sentence of Article 94(1) and Article 95(1) of Regulation 2017/1001)
Language of the case: English
Case T-664/14 Belgium v Commission
State aid – Aid implemented by Belgium in favour of the ARCO Group financial cooperatives – Guarantee scheme protecting the shares of individual members of those cooperatives – Decision declaring the aid incompatible with the internal market and prohibiting the payment of the amounts guaranteed to the members – Subject matter of the dispute – Recovery – Proportionality
Language of the case: French
Case T-280/17 GE.CO.P. v Commission
Public procurement — Financial Regulation — Exclusion from procurement and grant award procedures covered by the general EU budget for a two-year period — Article 108 of the Financial Regulation — Rights of the defence — Proof of receipt of a notification
Language of the case: Italian
Case T-440/17 Arca Capital Bohemia v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of commercial interests of third parties — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: English
Case T-677/14 Biogaran v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Agreements intended to delay, or even prevent, entry into the market of generic versions of perindopril — Participation of a subsidiary in the infringement committed by its parent company — Imputation of the infringement — Joint and several liability — Ceiling for the fine
Language of the case: French
Case T-691/14 Servier and Others v Commission
Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Right to an effective remedy — Brevity of the period of time for lodging applications in the light of the length of the contested decision — Patent dispute settlement agreements — Licensing agreements — Technology acquisition agreements — Exclusive purchasing agreement — Potential competition — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law — Classification as separate infringements or as a single infringement — Definition of the relevant market at the level of the compound of the medicinal product concerned — Fines — Imposition of cumulative fines under Articles 101 and 102 TFEU — Principle that offences and penalties must have a proper legal basis — Value of sales — Method of calculation in the event of cumulative infringements on the same markets
Language of the case: French
Case T-683/15 Freistaat Bayern v Commission
Language of the case: German
Case T-873/16 Groupe Canal + v Commission
Competition — Agreements, decisions and concerted practices — Television distribution — Decision making commitments binding — Territorial exclusivity — Preliminary evaluation — Effect on the contractual rights of third parties — Proportionality
Language of the case: French
Case T-253/17 Der Grüne Punkt v EUIPO – Halston Properties (Representation of a circle with two arrows)
Language of the case: German
Case T-283/17 SH v Commission
Civil service — Officials — Remuneration — Family allowances — Third subparagraph of Article 2(2) of Annex VII to the Staff Regulations — Concept of ‘dependent child’ — Judgment awarding guardianship based on the legislation of a third country on the protection of minors — Refusal to confer the status of dependent child on children in guardianship — Equal treatment — Right to education — Best interests of the child
Language of the case: French
Case T-565/17 CheapFlights International v EUIPO – Momondo Group (Cheapflights)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cheapflights — Referral of the trade mark application to the examiner for examination of the absolute grounds for refusal — Challenge by the proprietor of the earlier mark — Grounds of the contested decision containing an assessment of the validity of the earlier mark — Challenge by the proprietor of the earlier mark — Partial inadmissibility — Incidental submissions made on the basis of Article 8(3) of Regulation (EC) No 216/96 — Withdrawal of the appeal before the Board of Appeal — No need to adjudicate in part
Language of the case: English
Case T-167/13 Comune di Milano v Commission
State aid — Groundhandling services — Capital injections provided by SEA in favour of Sea Handling — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of aid — Whether imputable to the State — Private investor test — Audi alteram partem rule — Rights of the defence — Right to sound administration — Legitimate expectations
Language of the case: Italian
Case T-827/14 Deutsche Telekom v Commission
Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of the defence — Imputation to the parent company of the infringement committed by its subsidiary — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise — Burden of proof — Calculation of the amount of the fine — 2006 Guidelines on the method of setting fines — Separate fine imposed only on the parent company in respect of repeated infringement and application of a multiplier for deterrence
Language of the case: German
Case T-851/14 Slovak Telekom v Commission
Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation of an infringement committed by a subsidiary to its parent company — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the fine — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T-165/15 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Chamber of Commerce and Industry of Pau-Béarn and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: English
Case T-284/15 AlzChem v Commission
State aid — Chemical industry — Decision to continue the operation of an undertaking during insolvency proceedings — Decision finding no State aid — Action for annulment — Individual concern — Admissibility — Concept of State aid — Advantage — Private creditor test — Whether attributable to the State — Duty to state reasons
Language of the case: English
Case T-558/15 Iran Insurance v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Material damage — Non-material damage
Language of the case: English
Case T-559/15 Post Bank Iran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Non-material damage
Language of the case: English
Case T-591/15 Transavia Airlines v Commission
State aid — Airport services and marketing agreement — Agreement concluded between the Chamber of Commerce and Industry of Pau-Béarn and Transavia — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Whether imputable to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: Dutch
Case T-53/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: English
Case T-165/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights of the European Union — Access to the file — Right to be heard
Language of the case: English
Joined Cases T-339/16, T-352/16 and T-391/16 Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission
Environment — Regulation (EU) 2016/646 — Pollutant emissions from light passenger and commercial vehicles (Euro 6) — Setting of the not-to-exceed (NTE) values for emissions of oxides of nitrogen during the real driving emission (RDE) tests — Action for annulment — Powers of a municipal authority in the field of environmental protection to limit the circulation of certain vehicles — Direct concern — Admissibility — Lack of competence on the part of the Commission — Compliance with higher-ranking legal rules — Temporal adjustment of the effects of an annulment — Non-contractual liability — Compensation for the alleged harm to image and reputation
Language of the case: French
Case T-672/16 C=Holdings v EUIPO – Trademarkers (C=commodore)
EU trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark C=commodore — Application for invalidation of the effects of the international registration — Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) — No genuine use concerning certain goods and services covered by the international registration — Presence of proper reasons for non-use
Language of the case: English
Case T-830/16 Monolith Frost v EUIPO – Dovgan (PLOMBIR)
EU trade mark — Invalidity proceedings — EU word mark PLOMBIR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Examination of the facts — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Evidence submitted for the first time before the General Court
Language of the case: German
Case T-274/17 Monster Energy v EUIPO – Bösel (MONSTER DIP)
EU trade mark — Opposition proceedings — Application for EU figurative mark MONSTER DIP — Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No likelihood of misleading association — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No likelihood of dilution of the reputation of the earlier mark — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Language of the case: English
Case T-83/18 CH v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Audi alteram partem rule — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court
Language of the case: French
Case T-102/18 Knauf v EUIPO (upgrade your personality)
EU trade mark — Application for EU word mark upgrade your personality — Absolute ground for refusal — Lack of distinctive character — Advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
Case T-400/10 RENV Hamas v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to effective judicial protection — Rights of defence — Right to property
Language of the case: French
Case T-725/15 Arysta LifeScience Netherlands v EFSA
Plant protection products — Procedure for reviewing the approval of the active substance diflubenzuron — Article 21 of Regulation (EC) No 1107/2009 — Conclusion of the EFSA review — Partial publication of that conclusion — Article 63 of Regulation No 1107/2009 — Request for confidential treatment of certain sections — Protection of commercial interests — Refusal to grant confidential treatment — Interest in bringing proceedings
Language of the case: English
Case T-298/16 East West Consulting v Commission
Non-contractual liability — Pre-Accession Assistance Instrument — Non-member State — National public procurement — Decentralised management — Decision 2008/969/EC, Euratom — Early warning system (EWS) — Activation of an EWS warning — Protection of the financial interests of the Union — Commission’s refusal of ex ante approval — Failure to award the procurement– Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of the defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the procurement — Loss of opportunity to obtain other procurements
Language of the case: French
Case T-525/16 GQ and Others v Commission
Civil Service – Officials – Reform of the Staff Regulations – Regulation (EU, Euratom) No 1023/2013 – Types of posts – Transitional rules for classification in a type of post – Article 31 of Annex XIII to the Staff Regulations – Assistant in transition – Promotion under Article 45 of the Staff Regulations allowed only within the career stream corresponding to the type of post occupied – Access to the type of post ‘senior assistant’ (AST 10) only in accordance with the procedure laid down in Article 4 and Article 29(1) of the Staff Regulations – Equal treatment – Loss of eligibility for promotion to grade AST 10 – Legitimate expectations
Language of the case: French
Case T-526/16 FZ and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (UE, Euratom) no 1023/2013 — Types of posts — Transitional rules for classification in a type of post — Article 30 of Annex XIII to the Staff Regulations — Administrator in transition (AD 13) — Administrator (AD 12) — Promotion under Article 45 of the Staff Regulations allowed only within the career stream corresponding to the type of post occupied — Access to the type of post ‘head of unit or equivalent’ or ‘adviser or equivalent’ only in accordance with the procedure laid down in Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to a higher grade — Legitimate expectations
Language of the case: French
Case T-750/16 FV v Council
Civil service — Officials — Article 42c of the Staff Regulations — Leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Liability
Language of the case: French
Case T-128/17 Torné v Commission
Civil service — Officials — 2014 reform of the Staff Regulations — Leave on personal grounds — Conflicting engagement as a temporary staff member — Transitional measures relating to certain methods for calculating pension rights — Request for an advance decision — Acts adversely affecting an official — Purpose of transitional measures — Scope ratione personae — Entry into service
Language of the case: French
Information (on unpublished decisions)
Case T-811/17 Classic Media v EUIPO – Pirelli Tyre (CLASSIC DRIVER)
EU Trade Mark — Opposition Proceedings — International registration designating the European Union — Word mark CLASSIC DRIVER — Earlier EU word mark DRIVER — 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) — Action manifestly lacking any foundation in law
Case T-517/16 Janoha and Others v Commission
Civil service — Members of the contract staff — Reform of the Staff Regulations of 1 January 2014 — Article 6 of Annex X to the Staff Regulations — New provisions relating to the days of leave granted applicable to officials posted in a third country — Objection of illegality — Second paragraph of Article 10 of the Staff Regulations — Articles 7 and 33 of the Charter of Fundamental Rights — Equal treatment — Acquired rights — Legitimate expectations — Legal certainty — Misuse of powers
Case T-560/16 Schneider v EUIPO
Civil service — Members of the temporary staff — Internal reorganisation of EUIPO’s services — Redeployment — Legal basis — Article 7 of the Staff Regulations — Interests of the service — Significant change in tasks — Equivalence of posts — Covert penalty — Misuse of powers — Right to be heard — Obligation to state reasons
Case T-329/16 Bristol-Myers Squibb Pharma v Commission and EMA
Medicinal products for human use — Orphan medicinal products — Decision withdrawing the designation of Elotuzumab as an orphan medicinal product — Decision that the designation criteria were no longer met — Marketing authorisation for the medicinal product for human use Empliciti (Elotuzumab) — Article 5(12)(b) of Regulation (EC) No 141/2000 — Article 5(8) of Regulation No 141/2000 — Obligation to state reasons
Case T-875/16 Falcon Technologies International v Commission
Access to documents — Regulation (EC) No 1049/2001 — Assessment report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Refusal of partial access
Case T-152/17 Sumner v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against Ireland — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest
Case T-312/17 Campbell v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Overriding public interest
Case T-531/15 Coveris Rigid France v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Principle of personal liability — No economic continuity — Equal treatment
Case T-638/16 Deichmann v EUIPO – Vans (Representation of lines on a shoe)
Case T-817/16 Vans v EUIPO – Deichmann (V)
EU trade mark — Opposition proceedings — Application for EU figurative mark V — Earlier international figurative mark V — Evidence of the existence, validity and scope of protection of an earlier trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-459/17 Fifth Avenue Entertainment v EUIPO – Commodore Entertainment (THE COMMODORES)
EU trade mark — Opposition proceedings — Application for EU word mark ‘THE COMMODORES’ — Unregistered earlier sign ‘Commodores’ — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Relative ground for refusal — Reference to the national law governing the earlier mark — Action for passing off
Case T-115/18 Tomasz KawałkoTrofeum v EUIPO – Ferrero (KINDERPRAMS)
EU trade mark — Opposition proceedings — Application for EU word mark KINDERPRAMS — Earlier national figurative marks Kinder — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-378/17 La Zaragozana v EUIPO – Heineken Italia (CERVISIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark CERVISIA — Earlier national word mark CERVISIA AMBAR — Relative ground for refusal — Similarity of the signs –Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-471/17 Edison v EUIPO (EDISON)
EU trade mark — EU figurative mark EDISON — Partial surrender — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001)) — Interpretation of the terms comprising the headings to the classes of the Nice Classification and the goods on the alphabetic list to it
Case T-552/15 Bank Refah Kargaran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures taken against Iran — Compensation of the harm allegedly suffered by the applicant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of funds and economic resources — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-698/18 R Oleari v Agenzia delle Entrate - Direzione Provinciale di Cremona
Interim relief — Manifest lack of jurisdiction — Inadmissibility
Case T-698/18 R Oleari v Agenzia delle Entrate - Direzione Provinciale di Cremona
Interim relief — Manifest lack of jurisdiction — Inadmissibility
Case T-834/16 QC v European Council
Case T-100/17 BTB Holding Investments and Duferco Participations Holding v Commission
State aid — Steel industry — Aid granted by Belgium in favour of a number of undertakings in the iron and steel industry — Decision declaring that aid incompatible with the internal market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Private investor test
Case T-441/17 Arca Capital Bohemia v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Partial refusal to grant access — Exception relating to the protection of commercial interests of third parties — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Obligation to carry out a specific and individual examination — Overriding public interest
Case T-5/18 Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY)
Case T-6/18 Hamburg Beer Company v EUIPO (Hamburg Beer Company)
Case T-498/14 Deutsche Umwelthilfe v Commission
Access to documents — Documents relating to correspondence between the European Commission and car manufacturers concerning refrigerant R1234yf used in motor vehicles — Documents not included — New plea put forward in the course of the proceedings — Inadmissibility — Measure of inquiry ordering the production of the contested documents in accordance with Article 104 of the Rules of Procedure — Derogation to the principle of adversarial proceedings — Regulation (EC) No 1049/2001 — Exception relating to the protection of commercial interests — Public interest in disclosure — Balance — Regulation (EC) No 1367/2006 — Article 6(1) — Overriding public interest justifying disclosure of the environmental information or relating to emissions into the environment — General proposition — Partial refusal to grant access — No need to adjudicate
Case T-679/14 Teva UK and Others v Commission
Competition — Agreements, decisions and concerted practices — Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Patent dispute settlement and exclusive purchasing agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines
Case T-680/14 Lupin v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Technology acquisition agreement — Restriction of competition by object — Balance between competition law and patent law — Fines
Case T-682/14 Mylan Laboratories and Mylan v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Imputation of the unlawful conduct — Fines
Case T-684/14 Krka v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Licensing agreement — Technology acquisition agreement — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law
Case T-701/14 Niche Generics v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines — 10% cap — Imputation of the unlawful conduct
Case T-705/14 Unichem Laboratories v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Commission’s territorial jurisdiction — Imputation of the unlawful conduct — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines
Joined Cases T-722/15 to T-724/15 Interessengemeinschaft privater Milchverarbeiter Bayerns and Others v Commission
State aid — Aid for the Bavarian dairy sector — Financing of milk quality tests — Decision declaring the aid to be incompatible with the internal market — Right to participate in the administrative procedure — Article 108(2) TFEU — Article 6(1) of Regulation (EC) No 659/1999
Case T-409/16 Makhlouf v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to reputation — Right to property — Presumption of innocence — Restriction on entry into and transit through the territory of the European Union — Proportionality
Case T-411/16 Syriatel Mobile Telecom v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality
Case T-416/16 Othman v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality
Case T-614/16 Colin v Commission
Civil service — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Diploma — Professional experience
Case T-358/17 Mubarak v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Maintenance of the applicant’s designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection
Case T-609/17 France v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by France — Export refunds on poultry meat — Flat-rate financial correction — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Sound, fair and marketable quality — Checks — Proportionality
Case T-743/17 Bischoff v EUIPO – Miroglio Fashion (CARACTÈRE)
EU trade mark — Invalidity proceedings — EU word mark CARACTÈRE — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-821/17 Vitromed v EUIPO – Vitromed Healthcare (VITROMED Germany)
Case T-111/15 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Case T-630/15 Scandlines Danmark and Scandlines Deutschland v Commission
State aid — Public financing of the Fehmarn Belt fixed link project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest
Case T-631/15 Stena Line Scandinavia v Commission
State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest
Case T-77/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity
Case T-290/16 Fruits de Ponent v Commission
Non-contractual liability — Agriculture — Peach and nectarine markets — Disruption during the 2014 season — Russian embargo — Temporary exceptional support measures for producers — Delegated Regulations (EU) Nos 913/2014 and 923/2014 — Rules of law intended to confer rights upon individuals — Duty of diligence and the principle of sound administration — Sufficiently serious breach — Causal link
Case T-530/16 Schubert and Others v Commission
Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other members of staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of remuneration and pensions for 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on dialogue between management and workers
Joined Cases T-543/16 and T-544/16 Carpenito and Others v Council
Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of salaries and pensions for the years 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue
Case T-591/16 Wahlström v Frontex
Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure
Case T-632/16 Haeberlen v ENISA
Civil service — Remuneration — Annual adjustment of remunerations and pensions of officials and other agents — Regulations (EU) Nos 422/2014 and 423/2014 — Adjustments of salaries and pensions for 2011 and 2012 — Obligation to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue
Cases T-641/16 RENV and T-137/17 Kakol v Commission
Staff case — Officials — Recruitment — Notice of competition — Open competition — Non-admission of a candidate to take part in the tests of the assessment centre — Non-recognition of qualifications or diplomas — Admission to a previous competition — Conditions for similar competitions — Concordance rule between the request and the complaint — Res judicata — Non-compliance with the prior administrative procedure — Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations — Competence of the authority which adopted the measure — Claim for damages
Case T-689/16 Pipiliagkas v Commission
Civil service — Officials — Assignment — Decision with retroactive effect — Article 22a of the Staff Regulations — Authority lacking competence — Liability — Compensation in respect of material and non-material harm
Case T-743/16 RENV CX v Commission
Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link
Case T-890/16 Scandlines Danmark and Scandlines Deutschland v Commission
Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-link — Individual aid — Act not open to challenge — Purely confirmatory measure — Preparatory act — Inadmissibility
Case T-891/16 Scandlines Danmark and Scandlines Deutschland v Commission
Action for failure to act — State aid — Public financing of the Fehmarn Belt fixed road-rail link — Individual aid — Adoption of a position by the Commission — Inadmissibility
Case T-247/17 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and of economic resources — Maintenance of the applicant’s name on the list — Right to property — Right to pursue an economic activity — Manifest error of assessment
Case T-447/17 Bowles v ECB
Civil Service — ECB Staff — Appointment decision concerning the post of Adviser to the President and Coordinator of the Counsel to the Executive Board — No act adversely affecting the applicant — No interest in bringing proceedings — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-537/17 De Loecker v EEAS
Civil service — EEAS — Temporary agents — Psychological harassment — Request for assistance — Rejection of the request — Right to be heard — Liability
Case T-706/17 UP v Commission
Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability
Case T-739/17 Euracoal and Others v Commission
Case T-30/18 Yado v EUIPO – Dvectis CZ (seat cushion)
Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax
Case T-70/18 Sonova Holding v EUIPO (HEAR THE WORLD)
Case T-76/18 CN v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with complaints between Accredited Parliamentary Assistants and Members of the European Parliament concerning harassment and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court
Case T-94/18 Multifit v EUIPO (fit+fun)
EU trade mark — Application for EU word mark fit+fun — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-98/18 Multifit v EUIPO (MULTIFIT)
EU trade mark — Application for EU word mark MULTIFIT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-539/16 GM and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional measures relating to classification in the types of posts — Article 31 of Annex XIII to the Staff Regulations — Assistants in transition — Promotion pursuant to Article 45 of the Staff Regulations authorised only within the career streams corresponding to the type of post held — Exclusion of AST 9 officials from the promotion procedure — No act having an adverse effect — Confirmatory measure — Lis pendens — Manifest inadmissibility — Article 129 of the Rules of Procedure — Objection of inadmissibility — Article 130 of the Rules of Procedure
Case T-540/16 FZ and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annex XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Concept of an act adversely affecting an official — Confirmatory act — Lis pendens — Compliance with the requirements of the pre-litigation procedure — Inadmissibility
Case T-46/17 TDH Group v EUIPO — Comercial de Servicios Agrigan (Pet Cuisine)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pet Cuisine — Earlier EU figurative mark The Pet CUISINE alimento para mascotas felices Genial — 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)
Case T-464/17 TP v Commission
Civil service — Officials — Remuneration — Deduction from salary — Maintenance awarded by a national court in the context of divorce proceedings — Sincere cooperation with the national courts — Circumscribed powers — Article 24 of the Staff Regulations — European Code of Good Administrative Behaviour — Rule of correspondence — Act adversely affecting a person — Application for damages — Compliance with the pre-litigation procedure
Case T-572/17 UC v Parliament
Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage
Case T-761/17 UR v Commission
Civil service — Open competition — Notice of competition EPSO/AD/322/16 for the recruitment of administrators in the field of audit (AD 5/AD 7) — Eligibility condition — Required qualification — Non-inclusion on the reserve list — Obligation to state reasons — Manifest error of assessment — Article 27, first paragraph, of the Staff Regulations
Case T-801/17 Dermatest v EUIPO (ORIGINAL excellent dermatest 3-star-guarantee.de)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 3-star-guarantee.de — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-802/17 Dermatest v EUIPO (ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-803/17 Dermatest v EUIPO (ORIGINAL excellent dermatest)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-7/18 Inforsacom Logicalis v EUIPO (Business and technology working as one)
EU trade mark — Application for EU word mark Business and technology working as one — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
January 2019
Case T-160/17 RY v Commission
Language of the case: French
Case T-574/18 R Agrochem-Maks v Commission
Application for interim measures — Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
Case T-290/17 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Plea of illegality — Principle of proportionality — Legal basis — Manifest error of assessment — Principle ne bis in idem
Language of the case: English
Information (on unpublished decisions)
Case T-832/17 achtung ! v EUIPO (achtung !)
EU trade mark — International registration designating the European Union — Figurative mark achtung! — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-881/16 HJ v EMA
Civil service — Temporary agents — Partial inadmissibility — Application for an injunction — Access of officials to their personal file — Articles 26 and 26a of the Staff Regulations — Access to documents — Regulation (EC) No 1049/2001 — Personal file made accessible to all members of staff of the EMA — Protection of natural persons with regard to the processing of personal data by EU institutions and bodies — Liability — Non-material harm
Case T-111/17 Computer Market v EUIPO (COMPUTER MARKET)
EU trade mark — Application for the EU figurative mark COMPUTER MARKET — Absolute ground for refusal — Late filing of the notice of appeal — Inadmissibility of the appeal before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — Rule 49(1) of Regulation (EC) No 2868/95 (now Article 23(1)(b) of Delegated Regulation (EU) 2018/625)
Case T-412/16 Bena Properties v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
Case T-413/16 Cham v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality
Case T-477/17 Haswani v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Obligation to state reasons — Proportionality — Error of assessment
Case T-489/17 Windspiel Manufaktur v EUIPO (Representation of a bottle stopper)
EU trade mark — Application for an EU trade mark representing a bottle closure — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-160/18 Theodorakidi v EUIPO – Benopoulou (THYREOS VASSILIKI)
EU trade mark — Invalidity proceedings — EU figurative mark THYREOS VASSILIKI — Declaration of invalidity — Right to the name Vassiliki in Greece — Relative ground for invalidity regarding the infringement of the right to a name — Article 60(2)(a) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-331/18 Szécsi and Somossy v Commission
Action for damages — Law governing the institutions — Failure by the Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with Article 13 of Directive 2005/29/EC and the relevant national transposition measure — Inadmissibility
Case T-348/16 OP Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities — Minatran project — Eligible costs — Compensation — Judgment by default — Application to set aside judgment
Case T-117/17 Proximus v Council
Public service contracts — Negotiated procedure — Most economically advantageous tender — Rejection of the tender submitted by a tenderer — Discretion of a contracting authority — Lawfulness of the evaluation method — Principle of sound financial management
Case T-576/17 Mas Que Vinos Global v EUIPO – JESA (EL SEÑORITO)
European Union trade mark — Opposition proceedings — Application for EU word mark EL SEÑORITO — Earlier national word mark SEÑORITA — 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)
Case T-671/17 Turbo-K International v EUIPO – Turbo-K (TURBO-K)
EU trade mark — Opposition proceedings — Application for EU work mark TURBO-K — Earlier non-registered marks TURBO-K — Relative ground for refusal — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Goodwill
Case T-40/18 Ecolab USA v EUIPO (SOLIDPOWER)
EU trade mark — International registration designating the European Union — Word mark SOLIDPOWER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-91/18 Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD)
EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-368/18 ETI Gıda Sanayi ve Ticaret v EUIPO – Grupo Bimbo (ETI Bumbo)
European Union trade mark — Opposition proceedings — Application for EU word mark ETI Bumbo — Earlier EU figurative mark BIMBO — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the signs — Distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-687/18 R Pilatus Bank v ECB
Application for interim measures — Economic and monetary policy — Prudential supervision of credit institutions — Application for suspension of operation — No urgency
Case T-166/17 EKETA v Commission
Arbitration clause — Sensation contract concluded within the context of the sixth framework programme — Eligible costs — Debit note issued by the defendant for the recovery of sums advanced — Reliability of the time records — Conflict of interests
Case T-198/17 EKETA v Commission
Arbitration clause — Actibio contract concluded within the context of the seventh framework programme — Eligible costs — Debit note issued by the defendant for the recovery of sums advanced — Reliability of the time records — Conflict of interests
Case T-304/18 MLPS v Commission
Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility
Case T-436/18 Prigent v Commission
Action for annulment — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — No direct concern — Inadmissibility
Case T-785/17 Ilhan v EUIPO – Time Gate (SPORTSWEAR COMPANY BIG SAM)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark BIG SAM SPORTSWEAR COMPANY — Earlier word mark SAM — Relative ground for refusal — Extinction of rights due to acquiescence — Evidence presented for the first time before the General Court — Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-800/17 Brown Street Holdings v EUIPO – Enesan (FIGHT LIFE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark FIGHT LIFE — Earlier EU word mark FIGHT FOR LIFE — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-181/18 Multifit v EUIPO (TAKE CARE)
EU trade mark — Application for the EU figurative mark TAKE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-624/16 TO L'Huillier v Gollnisch and Parliament
Third-party proceedings — Rejection of the third-party applicant’s application to intervene — Inadmissibility
Case T-336/17 The GB Foods v EUIPO – Yatecomeré (YATEKOMO)
EU trade mark — Invalidity proceedings — EU word mark YATEKOMO — National figurative mark yatecomeré — Admissibility of new information seeking to substantiate the accuracy of a well-known fact — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-336/17 The GB Foods v EUIPO – Yatecomeré (YATEKOMO)
EU trade mark — Invalidity proceedings — EU word mark YATEKOMO — National figurative mark yatecomeré — Admissibility of new information seeking to substantiate the accuracy of a well-known fact — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-149/16 Spliethoff's Bevrachtingskantoor v Commission
Action for annulment — Financial assistance in the field of Connecting Europe Facility — Transport sector for the period 2014-2020 — Lis pendens — Inadmissibility
Case T-79/18 Bekat v EUIPO – Borbet (ARBET)
EU trade mark — Opposition proceedings — Application for figurative EU mark ARBET — Prior national word mark BORBET — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-256/18 Arezzo Indústria e Comércio v EUIPO (SCHUTZ)
EU trade mark — Application for EU word mark SCHUTZ — Absolute grounds for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-215/17 Pear Technologies v EUIPO – Apple (PEAR)
EU trade mark — Opposition proceedings — Application for the EU figurative trade mark PEAR — Earlier EU figurative trade mark depicting an apple — Relative ground for refusal — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-559/17 Abdulkarim v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Temporal adjustment of the effects of annulment
Case T-604/17 Thun v EUIPO (Poisson)
Community design — Registered Community design — Failure to apply for renewal — Removal of the design from the register on expiry of registration — Application for restitutio in integrum — Cumulative conditions — Duty of due care — Delegation of power — Loss of a right
Case T-667/17 Alkarim for Trade and Industry v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Temporal adjustment of the effects of an annulment
Case T-97/18 DeepMind Technologies v EUIPO (STREAMS)
EU trade mark — Application for EU word mark STREAMS — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 — Previous EUIPO practice
Case T-427/18 Geske v EUIPO (SATISFYERMEN)
EU trade mark — Application for the EU figurative mark SATISFYERMEN — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Duty to state reasons — First sentence of Article 94 of Regulation (EU) 2017/1001
February 2019
Case T-177/16 Mema v CPVO (Braeburn 78 (11078))
Plant varieties — Application for a Community plant variety right for the plant variety Braeburn 78 (11078) — Designation of another examination office — Scope of the examination to be carried out by the Board of Appeal — Obligation to state reasons
Language of the case: German
Case T-11/17 RK v Council
Civil service — Officials — Article 42c of the Staff Regulations — Placing official on leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Right to be heard — Duty to have regard for the welfare of officials — Responsibility
Language of the case: French
Case T-287/17 Swemac Innovation v EUIPO – SWEMAC Medical Appliances (SWEMAC)
EU trade mark — Invalidity proceedings — EU word mark SWEMAC — Earlier national company name or trade name SWEMAC Medical Appliances AB — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 60(1)(c) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 54(2) of Regulation No 207/2009 (now Article 61(2) of Regulation 2017/1001) — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Evidence presented for the first time before the General Court
Language of the case: English
Case T-201/17 Printeos v Commission
Non-contractual liability — Competition — Agreements, decisions and concerted practices — Decision finding an infringement of Article 101 TFEU — Fines — Judgment partially annulling the decision — Reimbursement of the principal amount of the fine — Default interest — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Damage — Article 266 TFEU — Second sentence of Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012
Language of the case: Spanish
Cases T-131/16 and T-263/16 Belgium and Magnetrol International v Commission
State aid — Aid scheme implemented by Belgium — Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted — Tax ruling — Excess profit exemption — Fiscal autonomy of the Member States — Concept of an aid scheme — Further implementing measures
Language of the case: English
Case T-903/16 RE v Commission
Personal data — Protection of natural persons with respect to the processing of their data — Right of access to those data — Regulation (EC) No 45/2001 — Refusal to grant access — Actions for annulment — Email referring to an earlier partial refusal of access without carrying out a re-examination — Concept of a challengeable act within the meaning of Article 263 TFEU — Concept of a purely confirmatory act — Applicability to access to personal data — Substantial new facts — Interest in bringing proceedings — Admissibility — Obligation to state reasons
Language of the case: English
Case T-123/18 Bayer Intellectual Property v EUIPO (Representation of a heart)
EU trade mark — Application for an EU figurative mark representing a heart — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
Case T-125/18 Associazione GranoSalus v Commission
Actions for annulment — Plant-protection products — Substance active ‘glyphosate’ — Renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: Italian
Case T-865/16 Fútbol Club Barcelona v Commission
State aid — Aid granted by the Spanish authorities in favour of certain professional football clubs — Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity — Decision declaring the aid incompatible with the internal market — Freedom of establishment — Advantage
Language of the case: Spanish
Information (on unpublished decisions)
Case T-88/18 Gruppo Armonie v EUIPO (ARMONIE)
EU trade mark — Application for EU figurative mark ARMONIE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-675/18 R Trifolio-M and Others v EFSA
Application for interim measures — Plant protection products — Procedure for reviewing the approval of the active substance azadirachtin — Rejection of the request for confidential treatment — No prima facie case
Case T-461/17 TN v ENISA
Civil service — Members of the temporary staff — Recruitment — Notice of vacancy — Head of Unit post — Inclusion on the reserve list — Acceptance of the offer of employment — Withdrawal of the offer of employment — Conditions of employment — Character references — Article 12 of the CEOS — Manifest error of assessment — Processing of personal data — Right to be heard — Liability
Case T-580/17 Karp v Parliament
Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility — Autonomy of remedies — Non-renewal of a contract as a member of the auxiliary contract staff covering maternity leave — Obligation to state reasons — Successive fixed-term contracts — Abuse of rights — Right to be heard — Liability
Case T-332/18 Marry Me Group v EUIPO (MARRY ME)
EU trade mark — Application for EU word mark MARRY ME — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-333/18 Marry Me Group v EUIPO (marry me)
EU trade mark — Application for EU figurative mark marry me — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-487/16 Arango Jaramillo and Others v EIB
Civil service — EIB staff — Pensions — 2008 Reform — Increase in the rate of contributions — Subsequent pay slips — No act adversely affecting an official — Inadmissibility
Case T-549/17 Duym v Council
Civil service — Officials — Appointment to a post of head of unit — Vacancy notice — Rejection of an application — Appointment of another candidate — Obligation to state reasons — Principle of sound administration — Interests of the service — Manifest error of assessment — Principle of non-discrimination
Case T-656/17 Sumol + Compal Marcas v EUIPO – Jacob (Dr. Jacob's essentials)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dr. Jacob’s essentials — Earlier international word mark COMPAL ESSENCIAL — Earlier national and international figurative marks FRUTA essencial and Compal FRUTA essencial — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-766/17 Eglo Leuchten v EUIPO – Di-Ka (Light)
Community design — Invalidity proceedings — Registered Community design representing lighting apparatus — Ground for invalidity — Prior design — Individual character — Informed user — Degree of freedom of the designer — Article 6 of Regulation (EC) No 6/2002
Case T-767/17 Eglo Leuchten v EUIPO – Briloner Leuchten (Light)
Community design — Invalidity proceedings — Registered Community design representing lighting apparatus — Ground for invalidity — Prior design — Individual character — Informed user — Degree of freedom of the designer — Article 6 of Regulation (EC) No 6/2002
Case T-789/17 TecAlliance v EUIPO – Siemens (TecDocPower)
EU trade mark — Opposition proceedings — Application for the EU word mark TecDocPower — Earlier EU word and figurative marks TECDOC and TecDoc — Relative ground for refusal — Similarity of goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of earlier marks — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-647/17 Serendipity and Morgese v EUIPO – CKL Holdings (CHIARA FERRAGNI)
EU trade mark — Opposition proceedings — Application for EU figurative mark CHIARA FERRAGNI — Earlier Benelux word mark Chiara — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-817/17 Schokker v EASA
Civil service — Contract staff — AESA — Recruitment — Selection procedure — Inclusion of the applicant on the reserve list — Withdrawal of the offer of employment made to the applicant — Liability — No unlawful conduct by the EASA — Action manifestly lacking any foundation in law
Case T-376/18 Front Polisario v Council
Action for annulment — International agreements — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Decision authorising the opening of negotiations between the European Union and Morocco for the purpose of amending the partnership agreement — Lack of direct concern — Inadmissibility
Case T-292/15 Vakakis kai Synergates v Commission
Non-contractual liability — Public supply contracts — Tender procedure — Conflict of interests — Duty of diligence — Loss of opportunity — Compensation
Case T-134/17 Hércules Club de Fútbol v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal of access — Lis alibi pendens — Exception relating to protection of the purpose of inspections, investigations and audits — Exception relating to protection of the commercial interests of a third party — Obligation to conduct a specific and individual examination — Overriding public interest
Case T-453/17 TV v Council
Civil service — Probationary officials — Probationary period — Probationary report — Opinion of the Joint Reports Committee — Dismissal at the end of the probationary period — Work not adequate — Article 34 of the Staff Regulations — Manifest error of assessment — Obligation to state reasons
Case T-231/18 Et Djili Soy Dzhihangir Ibryam v EUIPO – Lupu (Djili)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Djili — Earlier national word mark GILLY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-823/17 Etnia Dreams v EUIPO – Poisson (Etnik)
EU trade mark — Opposition proceedings — Application for EU word mark Etnik — Earlier EU trade mark — Relative ground for refusal — Failure to identify the earlier trade mark in the notice of opposition — Principle of sound administration — Right to an effective remedy — Equality of arms — Principle of good faith — Legitimate expectations
Case T-278/18 Nemius Group v EUIPO (DENTALDISK)
EU trade mark — Application for EU word mark DENTALDISK — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-429/18 R BRF and SHB Comercio e Industria de Alimentos v Commission
Application for interim measures — Public health — Implementing Regulation (EU) 2018/700 — Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil — No urgency — Weighing-up of competing interests
Case T-91/17 L v Parliament
Civil service — Accredited parliamentary assistants — Sick leave — Sick leave spent elsewhere than at the place of employment — Unauthorised absence — Article 60 of the Staff Regulations — Duty of care — Principle of good administration
Case T-366/17 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 41(1) of Regulation (EC) No 1083/2006 — Assessment of whether a major project is consistent with the priorities of the operational programme — Article 41(2) of Regulation (EC) No 1083/2006 — Time limit exceeded
Case T-768/17 Comprojecto-Projectos e Construções and Gomes de Azevedo v ECB
Action for failure to act, for annulment and for damages — Economic and monetary policy — Supervision of credit institutions — Unlawful acts allegedly committed by certain Portuguese credit institutions — Implied rejection of the request to take action made to the ECB — Manifest inadmissibility in part — Manifest lack of jurisdiction in part — Action in part manifestly unfounded in law
Case T-796/17 Mouldpro v EUIPO – Wenz Kunststoff (MOULDPRO)
EU trade mark — Invalidity proceedings — EU word mark MOULDPRO — Absolute ground for invalidity — Bad faith — Article 59(1)(b) of Regulation (EU) 2017/1001 — Relative grounds for invalidity — Article 60(1)(b) and Article 8(3) of Regulation 2017/1001 — Article 60(1)(c) and Article 8(4) of Regulation 2017/1001
Case T-34/18 Giove Gas v EUIPO – Primagaz (KALON AL CENTRO DELLA FAMIGLIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark KALON AL CENTRO DELLA FAMIGLIA — Earlier EU word mark CALOON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-63/18 Torro Entertainment v EUIPO – Grupo Osborne (TORRO Grande MEAT IN STYLE)
EU trade mark — Opposition proceedings — Application for EU figurative mark TORRO Grande MEAT IN STYLE — Earlier EU word marks TORO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — First sentence of Article 94(1) of Regulation 2017/1001 — Duty of care — Article 95(1) of Regulation 2017/1001
Case T-162/18 Beko v EUIPO – Acer (ALTUS)
EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625)
Case T-224/18 RII PV v Commission
Interim measures — Civil Service — Disciplinary proceedings — Setting the salary at ‘zero’ — Change of circumstances — Inadmissibility — No new facts
Case T-258/18 Brunke v Commission
Action for failure to act — Deadline for bringing an action — Starting point — No invitation to act — Second invitation to act — Manifest inadmissibility — Application of a declaratory nature — Application for interim measures — Manifest lack of jurisdiction
Case T-524/16 R Aresu v Commission
Interim measures — Civil Service — Officials — Reform of the Staff Regulations of 1 January 2014 — Reduced number of days of annual leave — Replacement of travelling time by home leave — Application for interim measures — No urgency
Case T-679/16 Athletic Club v Commission
State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate on the income of the clubs authorised to operate as non-profit organisations — Decision declaring that the aid is incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Infra-State measure — Selective nature — Distortion of competition — Effect on trade between Member States — Alteration to existing aid — Duty to state reasons
Case T-870/16 Miserini Johansson v EIB
Civil service — Staff of the EIB — Prolonged or repeated absence on account of a non-occupational accident or disease — Remuneration reduced after 12 months of absence — Article 33 of the EIB Staff Regulations — Procedure for recognition of the occupational origin of the disease
Case T-107/18 Aytekin v EUIPO – Dienne Salotti (Dienne)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dienne — Earlier EU figurative mark ENNE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-401/18 SFIE-PE v Parliament
Action for annulment — Institutional law — Interpreters’ strike — Measures requisitioning interpreters adopted by the European Parliament — Measure not open to challenge — No individual concern — Inadmissibility
Case T-581/18 Kayibanda and Sors v Commission
Action for annulment — Alleged discrimination between European officials and other national residents as regards the method of calculating the net remuneration determining the rate of certain social benefits — Coordination of social security systems — Decision to take no further action on a complaint — Failure to initiate infringement proceedings — Inadmissibility
Case T-69/16 Ateknea Solutions Catalonia v Commission
Arbitration clause — Contracts concluded within the sixth framework programme for Research and Technological Development (2002-2006) — Reimbursement of costs incurred by the applicant plus default interest — Eligible costs — Contractual liability
Case T-414/16 Drex Technologies v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
Case T-415/16 Almashreq Investment Fund v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
Case T-440/16 Souruh v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
Case T-178/18 Région de Bruxelles-Capitale v Commission
Action for annulment — Plant-protection products — Active substance glyphosate — Renewal of inclusion in the Annex to Implementing Regulation (EU) No 540/2011 — Lack of direct concern — Inadmissibility
Case T-216/18 Pozza v Parliament
Civil service — Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Place where main occupation is carried on — Inter-institutional transfer — Decision no longer to grant expatriation allowance — Competence — Legitimate expectations
Case T-375/18 Gollnisch v Parliament
Action for annulment and for damages — Institutional law — European Parliament — Work of a delegation outside the European Union — Decision of the President of the Delegation for Relations with Japan — List of the persons authorised to participate in an interparliamentary meeting in Japan which did not include the name of the applicant — Period within which an action must be brought — Late submission — Measure not open to challenge — Disregard of formal requirements — Inadmissibility
Case T-459/18 Lotte v EUIPO – Générale Biscuit-Glico France (PEPERO original)
EU trade mark — Invalidity proceedings — EU figurative mark PEPERO original — Earlier national three-dimensional trade mark — Shape of an oblong biscuit partially covered with chocolate — Declaration of invalidity — Article 8(5) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Earlier mark consisting of the shape of the product — Use as a trade mark — No alteration of the distinctive character
March 2019
Case T-289/15 Hamas v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to property
Language of the case: French
Case T-716/14 Tweedale v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to toxicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment
Language of the case: English
Case T-837/16 Sweden v Commission
REACH — Commission Decision authorising the use of lead sulfochromate yellow and of lead chromate molybdate sulfate red — Article 60(4) and (5) of Regulation (EC) No 1907/2006 — Examination of the lack of availability of alternatives — Error of law
Language of the case: Swedish
Case T-59/17 L v Parliament
Civil service — Accredited parliamentary assistant — Termination of the contract — Breakdown in the relationship of trust — Outside activity — Manifest error of assessment — Claim for damages
Language of the case: English
Case T-135/15 Italy v Commission
EAGF – Expenditure excluded from financing – Expenditure incurred by Italy – Temporary scheme for the restructuring of the sugar industry – Regulation (EC) No 320/2006 – Regulation (EC) No 968/2006 – Regulation (EC) No 1290/2005 – Time limit of 24 months – Concept of ‘multiannual measure’ – Conditions for granting restructuring aid – Concept of ‘production facility’ – Classification of silos – Concept of ‘full dismantling’ – Annex 2 to Document VI/5330/97 – Problems in interpreting EU legislation – Sincere cooperation – Legitimate expectations – Ne bis in idem – Slaughter premiums – Information provision and promotion measures for agricultural products – Late payments – Evidence of the existence of exceptional management conditions – Equal treatment – Mistranslation in one of the language versions of an EU regulation – Whether the Member State is answerable for the financial correction
Language of the case: Italian
Case T-139/15 Hungary v Commission
EAGGF – Guarantee Section – EAGF – Sugar – Temporary scheme for the restructuring of the sugar industry in the European Community – Regulation (EC) No 320/2006 – Regulation (EC) No 968/2006 – Expenditure excluded from financing – Expenditure incurred by Hungary – Conditions for granting aid for full dismantling and aid for partial dismantling – Concept of ‘production facilities’ – Assessment of the use of silos on the date of submission of the application for aid – Concept of ‘full dismantling’ – Annex 2 to Document VI/5330/97 – Problems in interpreting EU legislation – Sincere cooperation
Language of the case: Hungarian
Case T-798/17 De Masi and Varoufakis v ECB
Access to documents – Decision 2004/258/EC — Document entitled ‘Responses to questions concerning the interpretation of Article 14.4 of the Protocol on the Statute of the ESCB and of the ECB’ – Refusal to grant access – Exception relating to the protection of legal advice – Exception relating to the protection of documents for internal use – Overriding public interest
Language of the case: German
Case T-410/18 Silgan Closures and Silgan Holdings v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Market in metal packaging — Decision to open an investigation — Act not open to challenge — Inadmissibility
Language of the case: German
Joined Cases T-98/16, T-196/16 and T-198/16 Italy and Others v Commission
Language of the case: Italian
Joined Cases T-282/16 and T-283/16 Inpost Paczkomaty and Inpost v Commission
Language of the case: Polish
Case T-310/16 Foshan Lihua Ceramic v Commission
Dumping — Imports of ceramic tiles originating in China — Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) — Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 — Sampling — Individual examination — Confidentiality
Language of the case: English
Case T-766/16 Hércules Club de Fútbol v Commission
Language of the case: Spanish
Case T-433/16 Pometon v Commission
Competition – Agreements and concerted practices – European steel abrasives market – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Chronologically staggered ‘hybrid’ procedure – Presumption of innocence – Principle of impartiality – Charter of Fundamental Rights – Evidence of the infringement – Single and continuous infringement – Restriction of competition by object – Duration of the infringement – Fine – Exceptional adaptation of the basic amount – Obligation to state reasons – Proportionality – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
Cases T-251/17 and T-252/17 Robert Bosch v EUIPO (Simply. Connected.)
EU trade mark — Applications for the EU figurative marks Simply.Connected. — Absolute ground for refusal — No distinctive character — Scope of the examination to be carried out by the Board of Appeal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Article 64 of Regulation No 207/2009 (now Article 71 of Regulation 2017/1001)
Language of the case: German
Information (on unpublished decisions)
Case T-169/17 Pethke v EUIPO
Civil Service — Officials — Assignment — Reassignment of a Head of Service to a post of principal administrator — Article 7(1) of the Staff Regulations — Interests of the service — Equivalence of posts — Discrimination on grounds of sex — Proportionality –Action for damages — Inadmissibility — Failure to comply with the pre-litigation procedure
Case T-439/17 Yellow Window v EIGE
Public service contracts — Tender procedure — Provision of a service for the implementation of a study on female genital mutilation — Rejection of a tenderer’s bid — Obligation to state reasons — Coherence between comments and the numerical score — Non-contractual liability
Case T-450/17 Eurosupport - Fineurop support v EIGE
Public service contracts — Tender procedure — Provision of a service for the implementation of a study on female genital mutilation — Rejection of a tenderer’s bid — Obligation to state reasons — Coherence between comments and the numerical score — Non-contractual liability
Case T-263/18 Meblo Trade v EUIPO – Meblo Int (MEBLO)
EU trade mark — Revocation proceedings — European Union figurative trade mark MEBLO — Genuine use of the trade mark — Article 58(1)(a) of Regulation (EU) 2017/1001 — Proof of genuine use
Case T-321/18 Serenity Pharmaceuticals v EUIPO – Gebro Holding (NOCUVANT)
EU trade mark — Opposition proceedings — Application for EU word mark NOCUVANT — Earlier word marks NOCUTIL — Proof of genuine use — Article 47(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation 2017/1001
Case T-329/17 Hautala and Others v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to carcinogenicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment
Case T-106/18 Laverana v EUIPO – Agroecopark (VERA GREEN)
EU trade mark — Opposition proceedings — Application for EU word mark VERA GREEN — Earlier EU word mark LAVERA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-156/18 Legutko and Poręba v Parliament
Action for failure to act — Institutional law — Rules of Procedure of the Parliament — Article 130 — Annex II — Question for written answer — Request that the question be forwarded to the Council — Notification of the decision finding the question inadmissible — Invitation to act — Position of the Parliament — Application for an injunction — Inadmissible
Case T-326/18 Herrero Torres v EUIPO – DZ Licores (CARAJILLO LICOR 43 CUARENTA Y TRES)
EU trade mark — Opposition proceedings — Application for EU figurative mark CARAJILLO LICOR 43 CUARENTA Y TRES — Earlier national figurative mark Carajillo — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
Case T-156/15 France v Commission
EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by France — Area-related aid scheme — Procedural safeguards — Regulation (EC) No 885/2006 — Concept of ‘permanent pasture’ — Regulation (EC) No 1120/2009 — National control system based on a definition of forage areas which is not consistent with EU law — Exclusion of all the expenditure — Proportionality — Metropolitan France’s rural development programme — Rural development support measures — Areas with natural handicaps — Regulation (EC) No 1975/2006 — Regulation (EU) No 65/2011 — Flat-rate financial correction — On-the-spot checks — Loading criterion — Counting of animals — Temporary scheme for the restructuring of the sugar industry — Regulation (EC) No 320/2006 — Regulation (EC) No 968/2006 — Conditions for the grant of restructuring aid — Concept of ‘production facilities’ — Assessment of the use of silos on the date of submission of the aid application — Concept of ‘full dismantling’ — Proportionality — Equal treatment — Annex 2 to document VI/5330/97
Case T-220/16 Perry Ellis International Group v EUIPO (PRO PLAYER)
EU trade mark — Application for EU word mark PRO PLAYER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-799/16 Xiaomi v EUIPO – Dudingen Develops (MI)
EU trade mark — Opposition proceedings — Application for EU figurative mark MI — Earlier EU figurative mark MI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-446/17 TK v Parliament
Civil service — Temporary agents — Change in the activities assigned — Concept of concern — Invitation to an interview — Concept of proceedings — Allegation of psychological harassment — Request for assistance — Liability — Non-material damage
Case T-26/18 France v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by France — One-off and flat-rate financial corrections — Area-related aid scheme — Land Parcel Identification System — Determination of eligible areas — Maintenance of agricultural land in good agricultural and environmental condition — Landscape features — Grazable heathland — National monitoring system based on a non-compliant definition of eligible areas — Proportionality — Obligation to state reasons — Conformity Clearance — Most likely error — Error of law
Case T-463/18 Novartis v EUIPO (SMARTSURFACE)
EU trade mark — Application for EU word mark SMARTSURFACE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-730/16 Espírito Santo Financial Group v ECB
Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to documents intended for internal use — Obligation to state reasons
Case T-297/18 Wirecard Technologies v EUIPO – Striatum Ventures (supr)
EU trade mark — Invalidity proceedings — EU word mark supr — Earlier Benelux word mark Zupr — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-239/18 SKS Import Export v Commission
Action for annulment — Free movement of capital — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (AML/CTF) — Directive (EU) 2015/849 — Delegated Regulation (EU) 2018/212 — Inclusion of Tunisia on the list of high-risk third countries — Inadmissibility
Case T-133/18 IQ Group Holdings v EUIPO – Krinner Innovation (Lumiqs)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Lumiqs — Earlier EU word and figurative marks Lumix — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-766/16 R-RENV Hércules Club de Fútbol v Commission
Application for interim measures — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for suspension of operation — Satisfaction accorded to the main action — Proceedings which have become devoid of purpose — No need to adjudicate
Case T-138/17 Prim v EUIPO – Primed Halberstadt Medizintechnik (PRIMED)
EU trade mark — Invalidity proceedings — EU word mark PRIMED — Earlier national figurative marks PRIM S.A., PRiM, S.A. SUMINISTROS MEDICOS and GRUPO PRiM — Genuine use of the earlier marks — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001) — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) — Submission of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Classification as new or additional evidence — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001)
Case T-237/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Criterion for the recognition of a producer organisation — Article 11 of Regulation (EC) No 2200/96 — Financial correction
Case T-760/17 Meesenburg Großhandel v EUIPO (Triotherm+)
EU trade mark — Application for EU word mark Triotherm+ — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Right to be heard
Case T-762/17 Grammer v EUIPO (Representation of a shape)
EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-777/17 Pan v EUIPO – Entertainment One UK (TOBBIA)
EU trade mark — Invalidity proceedings — EU figurative mark TOBBIA — Earlier EU figurative mark Peppa Pig — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-186/18 Abaco Energy and Others v Commission
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by recipients — No interest in bringing proceedings — Inadmissibility
Case T-190/18 Solwindet las Lomas v Commission
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by a recipient — No interest in bringing proceedings — Inadmissibility
Case T-480/17 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — One-off and flat-rate financial corrections — Cross compliance — Monitoring of statutory management requirements — Risk analysis — Assessment of the financial loss — Obligation to state reasons — Proportionality
Case T-582/17 Boshab and Others v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo — List of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transit — Inclusion of the names of the applicants on the list — Rights of the defence — Right to be heard — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection
Case T-725/17 Clestra Hauserman v Parliament
Public works contracts — Tendering procedure — Works relating to the ‘Removable partitioning — doors’ of the project to extend and modernise the Parliament’s Konrad Adenauer Building in Luxembourg — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Obligation to state reasons — Abnormally low tender — Manifest error of assessment — Non-contractual liability
Case T-787/17 Parfümerie Akzente v EUIPO (GlamHair)
EU trade mark — Application for EU word mark GlamHair — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-105/18 Deray v EUIPO – Charles Claire (LILI LA TIGRESSE)
EU trade mark — Opposition proceedings — Application for EU word mark LILI LA TIGRESSE — Earlier EU word mark TIGRESS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-265/18 Biernacka-Hoba v EUIPO – Formata Bogusław Hoba (Formata)
EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001)
Case T-562/17 dm-drogerie markt v EUIPO – Albea Services (ALBÉA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALBÉA — Earlier international registration designating the European Union — Word mark Balea — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-829/17 Coesia v EUIPO (Representation of a circular shape consisting of two oblique red lines)
EU trade mark — Application for an EU figurative mark representing two oblique red curves — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-259/18 Zakłady Chemiczne 'Siarkopol' Tarnobrzeg v EUIPO – EuroChem Agro (Unifoska)
EU trade mark — Opposition proceedings — Application for the EU word mark Unifoska — Earlier EU word mark NITROFOSKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-276/18 Julius-K9 v EUIPO – El Corte Inglés (K9 UNIT)
EU trade mark — Opposition proceedings — Application for EU figurative mark K9 UNIT — Earlier EU figurative mark unit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-631/18 Herholz v EUIPO (#)
EU trade mark — Application for the EU word mark # — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Application for variation — Manifest inadmissibility
Case T-611/17 All Star v EUIPO – Carrefour Hypermarchés (Shape of a shoe sole)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well-known facts — Obligation to state reasons — Rights of the defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
April 2019
Case T-492/17 Fleig v EEAS
Civil Service – Contract staff – Contract of indefinite duration – Article 47(c)(i) of the CEOS – Termination with notice – Grounds for termination – Breakdown in the relationship of trust – Interests of the service – Manifest error of assessment – Duty to have regard to the welfare of staff – Principle of sound administration – Articles 30 and 41 of the Charter of Fundamental Rights – Procedural issue – Publication on the internet of documents included in the file relating to the proceedings before the General Court – Article 17 of the Staff Regulations
Language of the case: German
Cases T-910/16 and T-911/16 Hesse and Wedl & Hofmann v EUIPO – (TESTA ROSSA)
EU trade mark — Revocation proceedings — EU figurative mark TESTA ROSSA — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of use — Outward use of the contested mark — Equal treatment
Language of the case: German
Case T-5/17 Sharif v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Damage to reputation
Language of the case: English
Case T-108/17 ClientEarth v Commission
REACH — Regulation (EC) No 1907/2006 — Bis(2-ethylhexyl) phthalate (DEHP) — Request for internal review of a decision on marketing authorisation rejected as unfounded — Error of law — Manifest error of assessment — Article 10 of Regulation (EC) No 1367/2006
Language of the case: English
Case T-61/18 Rodriguez Prieto v Commission
Civil service — Officials — ‘Eurostat’ case — National criminal proceedings — No need to adjudicate — Request for assistance — Whistle-blower — Presumption of innocence — Action for damages and annulment
Language of the case: French
Case T-481/18 Electroquimica Onubense v ECHA
REACH — Representation by a lawyer who is not a third party — Manifest inadmissibility
Language of the case: Spanish
Case T-182/15 Sopra Steria Group v Parliament
Public service contracts — Tendering procedure — Supply of IT services to the Parliament and other EU institutions and bodies — Exclusion from tendering procedures — Potential conflict of interests — Failure to provide information required by the contracting authority — Article 107(1)(b) of the Financial Regulation — Transparency — Proportionality — Equal treatment — Article 102(1) of the Financial Regulation
Language of the case: English
Case T-388/11 Deutsche Post v Commission
State aid – Postal services – Financing of the additional labour and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by the remuneration for price-regulated services – Decision to extend the formal investigation procedure – Decision establishing the existence of new aid on conclusion of the preliminary investigation stage – Action for annulment – Act open to challenge – Interest in bringing proceedings – Admissibility – Consequences of annulment of the final decision – Obligation to state reasons
Language of the case: German
Case T-300/16 Jindal Saw and Jindal Saw Italia v Commission
Subsidies — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/387 — Imposition of a definitive countervailing duty — Indian scheme establishing an export tax on iron ore and a dual railway freight charge placing the transport of iron ore for export at a disadvantage — Article 3(1)(a)(iv) of Regulation (EC) No 597/2009 (replaced by Regulation (EU) 2016/1037) — Financial contribution — Provision of goods — Action consisting of ‘entrusting’ a private body to carry out a function constituting a financial contribution — Article 4(2)(a) of Regulation No 597/2009 — Specificity of a subsidy — Article 6(d) of Regulation No 597/2009 — Calculation of benefit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the subsidy investigation — Rights of the defence
Language of the case: English
Case T-301/16 Jindal Saw and Jindal Saw Italia v Commission
Dumping — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/388 — Regulation (EC) No 1255/2009 (replaced by Regulation (EU) 2016/1036) — Dumping margin — Determination of the export price — Association between an exporter and an importer — Reliable export price — Construction of the export price — Reasonable margin for selling, general and administrative costs — Reasonable margin for profit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the anti-dumping investigation — Rights of the defence
Language of the case: English
Case T-643/16 Gamaa Islamya Égypte v Council
Language of the case: French
Case T-492/15 Deutsche Lufthansa v Commission
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport and airlines using that airport — Decision regarding the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport — Lack of individual concern — Lack of direct concern — Inadmissibility
Language of the case: German
Case T-737/17 Wattiau v Parliament
Civil service — Social security — JSIS — Reimbursement of medical expenses — Agreement concluded, in particular, between the European Union, Luxembourg and the Entente des hôpitaux luxembourgeois on the scales of fees for hospital care received by JSIS members — Plea of illegality — Principle of non-discrimination on grounds of nationality — First paragraph of Article 18 TFEU — Articles 20 and 21 of the Charter of Fundamental Rights — Article 39 of the Joint Rules on sickness insurance for officials
Language of the case: French
Case T-747/17 UPF v Commission
Language of the case: French
Case T-530/18 Romania v Commission
Actions for annulment — EAGF and EAFRD — Commission Implementing Decision — Notification to the addressee — Publication of the decision in the Official Journal of the European Union — Period within which proceedings must be commenced — Point from which time starts to run — Out of time — Inadmissibility
Language of the case: Romanian
Information (on unpublished decisions)
Case T-79/19 R Lantmännen and Lantmännen Agroetanol v Commission
Application for interim measures — Competition — Settlement procedure — Access to documents — No urgency
Case T-468/18 NSC Holding v EUIPO – Ibercondor (CONDOR SERVICE, NSC)
EU trade mark — Opposition proceedings — Application for EU figurative mark CONDOR SERVICE, NSC — Earlier EU word mark IBERCONDOR — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-555/18 Medrobotics v EUIPO (See More. Reach More. Treat More.)
EU trade mark — Application for the EU word mark See More. Reach More. Treat More. — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-779/17 United Wineries v EUIPO – Compañía de Vinos Miguel Martín (VIÑA ALARDE)
EU trade mark — Opposition proceedings — Application for EU word mark VIÑA ALARDE — Earlier national word mark ‘ALARDE’ — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-804/17 Stada Arzneimittel v EUIPO (Representation of two facing arches)
EU trade mark — Application for an EU figurative mark representing two facing arches — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-373/18 ABB v EUIPO (FLEXLOADER)
EU trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods covered by the mark applied for
Case T-259/15 Close and Cegelec v Parliament
Public works contracts — Tender procedure — Construction of an energy unit — Extension and refurbishment of the Konrad Adenauer building in Luxembourg — Rejection of tender submitted by a tenderer — Award of the contract to another tenderer — Selection criteria — Financial and economic capacity — Technical and professional capacity — Obligation to state reasons — Manifest error of assessment
Case T-319/17 Aldridge and Others v Commission
Civil service — Temporary staff — OLAF — Contract for an indefinite period — Decision of the Director of OLAF establishing a one-off reclassification to the next higher grade — Request for an annual reclassification procedure to be launched — Measure of a general nature — Time-limit for bringing an action — Point from which time stars to run — Publication on the intranet — Inadmissibility
Case T-371/17 Qualcomm and Qualcomm Europe v Commission
Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — Necessity of the information requested — Proportionality — Burden of proof — Privilege against self-incrimination — Principle of good administration
Case T-371/17 Qualcomm and Qualcomm Europe v Commission
Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — Necessity of the information requested — Proportionality — Burden of proof — Privilege against self-incrimination — Principle of good administration
Case T-277/18 Zitro IP v EUIPO (PICK & WIN MULTISLOT)
EU trade mark — Application for EU figurative mark PICK & WIN MULTISLOT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-51/17 Poland v Commission
EAGF and EAFRD — Expenditure excluded from EU financing — Fruit and vegetable sector — Aid to producer groups — Expenditure effected by Poland — Weaknesses in key controls — Checks on recognition plans and on recognition criteria — Checks on applications for aid — Economic consistency — Reasonableness of expenditure — Systemic weakness — Risk to EAGF — Flat rate corrections of 25%
Case T-229/17 Germany v Commission
Approximation of laws — Regulation (EU) No 305/2011 — Regulation (EU) No 1025/2012 — Construction products — Harmonised standards EN 14342:2013 and EN 14904:2006 — Obligation to state reasons
Case T-303/18 RENV AV v Commission
Civil service — Temporary agents — Engagement — Article 13 of the CEOS — Pre-engagement medical examination — Incomplete declarations at the medical examination — Failure of the person concerned to declare an illness — Subsequent discovery by the AECE — Retroactive application of medical cover deferment for five years — Referral to the Invalidity Committee — Reasonable time limit — Responsibility — Non-material injury
Case T-223/17 Adapta Color v EUIPO – Coatings Foreign IP (ADAPTA POWDER COATINGS)
EU trade mark — Invalidity proceedings — EU figurative mark ADAPTA POWDER COATINGS — Declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-224/17 Adapta Color v EUIPO – Coatings Foreign IP (Bio proof ADAPTA)
EU trade mark — Invalidity proceedings — EU figurative mark Bio proof ADAPTA — Declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-225/17 Adapta Color v EUIPO – Coatings Foreign IP (Bio proof ADAPTA)
EU trade mark — Invalidity proceedings — EU figurative mark Bio proof ADAPTA — Declaration of partial invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-226/17 Adapta Color v EUIPO – Coatings Foreign IP (Rustproof System ADAPTA)
EU trade mark — Invalidity proceedings — EU word mark Rustproof system ADAPTA — Partial declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-655/17 Inditex v EUIPO – Ansell (ZARA TANZANIA ADVENTURES)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ZARA TANZANIA ADVENTURES — Earlier EU word marks ZARA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Detriment to the distinctive character or the repute of the earlier trade marks
Case T-765/17 Kiku v CPVO – Sächsisches Landesamt für Umwelt, Landwirtschaft und Geologie (Pinova)
Plant varieties — Nullity proceedings — Apple variety Pinova — Rejection of the application for a declaration of nullity — New variety — Article 10 of Regulation (EC) No 2100/94 — Burden of proof — Article 76 of Regulation No 2100/94 — Examination of the facts by the CPVO of its own motion
Case T-323/18 Fomanu v EUIPO – Fujifilm Imaging Germany (Representation of a butterfly)
EU trade mark — Revocation proceedings — EU figurative mark representing a butterfly — Genuine use of the mark — Partial revocation — Article 18(1) of Regulation (EU) 2017/1001 — Article 58(1)(a) and (2) of Regulation 2017/1001
Case T-403/18 Pharmadom v EUIPO – Objectif Pharma (WS wellpharma shop)
EU trade mark — Opposition proceedings — Application for EU figurative mark WS wellpharma shop — Earlier national word mark WELL AND WELL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-477/18 Užstato sistemos administratorius v EUIPO – DPG Deutsche Pfandsystem (Representation of a bottle and an arrow)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a bottle and an arrow — Earlier EU figurative mark representing a can, a bottle and an arrow — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Cases T-516/16 and T-536/16 Alvarez y Bejarano and Others v Commission
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time
Cases T-523/16 and T-542/16 Ardalic and Others v Council
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time
Case T-754/17 Chambre de commerce et d'industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission
State aid — General corporate tax exemption scheme implemented by France in favour of its ports — Decision declaring the aid scheme incompatible with the internal market — Existing aid — Concept of economic activity — Services of general interest — Principle of sound administration — Duty to state reasons — Error of assessment
Case T-136/18 Kuota International v EUIPO – Sintema Sport (K)
EU trade mark — Invalidity proceedings — EU figurative mark K — Absolute ground for invalidity — Bad faith — Article 59(1)(b) of Regulation (EU) 2017/1001
Case T-214/18 Briois v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Principle of sound administration — Rights of the defence — Non-contractual liability
Case T-558/18 Lupu v EUIPO – Et Djili Soy Dzhihangir Ibryam (Djili DS)
EU trade mark — Opposition proceedings — Application for EU figurative mark Djili DS — Earlier national word mark DJILI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(a) and (b) of Regulation (EU) 2017/1001
May 2019
Case T-281/18 ABLV Bank v ECB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Regulation (EU) No 806/2014 — Preparatory measures — Acts not open to judicial review — Inadmissibility
Language of the case: English
Case T-239/17 Germany v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Germany – Flat-rate financial correction applied due to insufficient frequency of key controls – Obligation to calculate interest and record it in the accounts annually – Articles 31 and 32 of Regulation (EC) No 1290/2005 – Article 6(h) of Regulation (EC) No 885/2006 – Obligation to state reasons – Proportionality
Language of the case: German
Case T-423/18 Fissler v EUIPO (vita)
EU trade mark — Application for the EU word mark vita — Absolute grounds for refusal — No distinctive character — Descriptiveness — Concept of characteristic — Name of a colour — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Language of the case: German
Case T-629/18 mobile.de v EUIPO (Representation of a car in a speech bubble)
Language of the case: German
Case T-749/16 Stemcor London and Samac Steel Supplies v Commission
Dumping — Imports of certain cold-rolled flat steel products originating in China and Russia — Definitive anti-dumping duty — Registration of imports — Retroactive application of the definitive anti-dumping duty — Implementing Regulation (EU) 2016/1329 — Importer’s awareness of the dumping and injury — Further substantial rise in imports likely to seriously undermine the remedial effect of the definitive anti-dumping duty — Article 10(4)(c) and (d) of Regulation (EU) 2016/1036
Language of the case: English
Case T-170/17 RW v Commission
Language of the case: French
Case T-751/17 Commune de Fessenheim and Others v Commission
Access to documents — Regulation (EC) No 1049/2001 — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Overriding public interest
Language of the case: French
Case T-422/18 RATP v Commission
Language of the case: French
Case T-262/17 Metrans v Commission and INEA
Action for annulment — Commission decision granting financing for the ‘Multimodal Container Terminal Paskov, Phase III’ and ‘Intermodal Terminal Mělník, Phases 2 and 3’ transport project proposals under the Connecting Europe Facility (CEF) — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: English
Joined Cases T-836/16 and T-624/17 Poland v Commission
State aid — Polish tax on the retail sector — Progressive tax levied on turnover — Decision to initiate the formal investigation procedure — Final decision classifying the measure as State aid incompatible with the internal market — Notion of State aid — Condition relating to selectivity
Language of the case: Polish
Case T-733/17 GMPO v Commission
Medicinal products for human use – Article 3(1)(b) of Regulation (EC) No 141/2000 – Definition of ‘significant benefit’ – Availability of orphan medicinal products – Article 5(12)(b) of Regulation No 141/2000 – Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products – Error of assessment – Error of law – Legitimate expectations
Language of the case: English
Case T-228/18 Transtec v Commission
Language of the case: French
Case T-604/15 Ertico - ITS Europe v Commission
Seventh Framework Programme for research, technological development and demonstration activities — Recommendation 2003/361/EC — Decision of the Commission’s Validation Panel on qualification as a micro, small and medium-sized business — Request for review under sections 1.2.6 and 1.2.7 of the Annex to Decision 2012/838/EU, Euratom — No administrative appeal within the meaning of Article 22 of Regulation (EC) No 58/2003 — Rights of the defence — Principle of sound administration — Legal certainty — Legitimate expectations — Res judicata — Criteria for the definition of micro, small and medium-sized businesses in EU policies — Concept of an ‘enterprise’ — Concept of an ‘economic activity’ — Criterion of independence — Obligation to state reasons
Language of the case: English
Case T-161/16 Puma v EUIPO – CMS (CMS Italy)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding to the left — Relative grounds for refusal — Reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Evidence of reputation — Previous decisions of EUIPO recognising the reputation of the earlier marks — Taking account of those decisions — Obligation to state reasons — Principle of sound administration
Language of the case: English
Case T-791/16 Real Madrid Club de Fútbol v Commission
State aid — Aid granted by the Spanish authorities to a professional football club — Settlement aimed at compensating for a failure to carry out a land transfer initially agreed between a city council and a football club — Football club overcompensated — Decision declaring the aid incompatible with the internal market — Advantage
Language of the case: Spanish
Case T-107/17 Steinhoff and Others v ECB
Language of the case: German
Case T-222/17 Recylex and Others v Commission
Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Coordination of purchase prices — Fines — Point 26 of the 2006 Leniency Notice — Point 37 of the Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: English
Case T-370/17 KPN v Commission
Competition — Concentrations — Netherlands market for television services and telecommunications services — Full-function joint venture — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Relevant market — Vertical effects — Manifest error of assessment — Duty to state reasons
Language of the case: English
Joined Cases T-3/18 and T-4/18 Holzer y Cia v EUIPO – Annco (ANN TAYLOR and AT ANN TAYLOR)
EU trade mark — Invalidity proceedings — EU word and figurative marks ANN TAYLOR and AT ANN TAYLOR — Absolute ground for invalidity — Article 59(1)(b) of Regulation (EU) 2017/1001 — Bad faith
Language of the case: English
Case T-630/18 AJ OP v Commission
Legal aid — Application made before an action has been brought — Financial situation — Insufficient information and supporting documents — Dismissal of application
Language of the case: German
Information (on unpublished decisions)
Case T-748/16 QH v Parliament
Civil service — Members of the temporary staff — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Decision rejecting the request for assistance — Principles of objectivity and impartiality — Right to good administration — Right to be heard
Case T-145/19 R Jap Energeticas y Medioambienbales v Commission
Application for interim measures — Environment — Financial Instrument for the Environment (LIFE) — Project LIFE 11 ENV/ES/000593-H2AL RECYCLING — Recovery of sums paid — Application for suspension of operation of a measure — No urgency
Case T-135/17 Scor v Commission
Case T-271/18 Mauritsch v INEA
Civil service — Contract staff — Fixed-term contract — Initial rejection by the applicant of the offer of extension of contract — Resignation — Refusal of entitlement to unemployment benefits — Liability
Case T-283/18 Bernis and Others v ECB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Regulation (EU) No 806/2014 — Preparatory measures — Acts not open to judicial review — Inadmissibility
Case T-49/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Financial corrections — Meaning of ‘producer’ — Investments made outside the premises of a producer organisation — Checks carried out before the approval of an operational programme — Check carried out in the authorisation of expenditure — Single financial correction — Flat-rate financial correction — Proportionality — Duty to state reasons
Cases T-152/18 to T-155/18 Sona Nutrition v EUIPO – Solgar Holdings (SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA)
EU trade mark — Opposition proceedings — Applications for EU figurative marks SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA — Earlier national word mark MULTIPLUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-407/18 WP v EUIPO
Civil service — Temporary staff — Fixed-term contracts — Decision not to renew — Manifest error of assessment — Duty to have regard for the welfare of staff — Equal treatment — Rule of correspondence between the application and the complaint
Case T-434/15 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-553/15 Export Development Bank of Iran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Compensation for the damage allegedly sustained by the applicant following the inclusion and maintenance of the applicant’s name on the list of persons and entities subject to the freezing of funds and economic resources at issue — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-571/16 PT v EIB
Civil service — Members of staff of the EIB — Reports procedure — Career evaluation report — 2014 appraisal exercise — Pre-litigation procedure — Admissibility — Right to be heard — Principle of the presumption of innocence — Liability — Non-material damage
Case T-690/16 Enrico Colombo and Corinti Giacomo v Commission
Public works contracts — Tendering procedure — JRC in Ispra — Works for the construction and maintenance of water pipes and district heating/cooling substations — Rejection of a tenderer’s bid — Action for annulment — Action for damages — Obligation to state reasons
Case T-37/18 Stirlinx Arkadiusz Kamusiński v EUIPO – Heinrich Bauer Verlag (Brave Paper)
EU trade mark — Opposition proceedings — Application for EU word mark Brave Paper — Earlier national word mark BRAVO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Conceptual similarity
Case T-55/18 Team Beverage v EUIPO (LIEBLINGSWEIN)
EU trade mark — Application for the EU figurative mark LIEBLINGSWEIN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-56/18 Team Beverage v EUIPO (WEIN FÜR PROFIS)
EU trade mark — Application for the EU figurative mark WEIN FÜR PROFIS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-57/18 Team Beverage v EUIPO (WEIN FÜR PROFIS)
EU trade mark — Application for the EU figurative mark WEIN FÜR PROFIS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-99/18 Stamatopoulos v ENISA
Civil service — Members of the temporary staff — Recruitment — Vacancy notice — Appointment to a post of head of unit — Rejection of application — Duty to state reasons — Manifest error of assessment — Equal treatment — Transparency — Liability
Case T-185/18 Lucchini v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Partial annulment of the Commission decision — Rejection of a request for reimbursement of a fine paid pursuant to a decision annulled in part — Rejection of a request to be allowed to participate in the administrative procedure that was reopened following the partial annulment of the decision — Rights of the defence — Non-existent act — Non-contractual liability — Limitation
Case T-269/18 Inditex v EUIPO – Ffauf Italia (ZARA)
EU trade mark — Opposition proceedings — Application for EU word mark ZARA — Earlier national word and figurative marks LE DELIZIE ZARA and ZARA — Proof of genuine use of the earlier marks — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Article 18(1) of Regulation 2017/1001 — Obligation to state reasons
Case T-324/18 VI.TO. v EUIPO – Bottega (Shape of a golden bottle)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a golden bottle — Absolute grounds for refusal — Article 7 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 7 (1)(b) of Regulation (EU) 2017/1001) — Distinctive character — Article 7 (1)(e)(i) to (iii) of Regulation No 2 07/2009 (now Article 7 (1)(e)(i) to (iii) of Regulation 2017/1001)
Case T-325/18 VI.TO. v EUIPO – Bottega (Shape of a pink bottle)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a pink bottle — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Distinctive character — Article 7(1)(e)(i) to (iii) of Regulation No 207/2009 (now Article 7(1)(e)(i) to (iii) of Regulation 2017/1001)
Case T-330/18 Carvalho and Others v Parliament and Council
Action for annulment and damages — Environment — Greenhouse gas emissions — 2030 climate and energy package — Directive (EU) 2018/410 — Regulation (EU) 2018/842 — Regulation (EU) 2018/841 — Lack of individual concern — Inadmissibility
Case T-358/18 J. García Carrión v EUIPO – Codorníu (JAUME CODORNÍU)
EU trade mark — Opposition proceedings — Application for EU word mark JAUME CODORNÍU — Earlier Spanish and EU word marks JAUME SERRA — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 8(5) of Regulation 2017/1001 — Distinctive character of a first name and a surname
Case T-469/18 Battelle Memorial Institute v EUIPO (HEATCOAT)
EU trade mark — Application for the EU word mark HEATCOAT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Equal treatment — Principle of sound administration
Case T-473/18 Getsmarter Online v EUIPO (getsmarter)
EU trade mark — Application for EU figurative mark getsmarter — Mark consisting of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Action manifestly lacking any foundation in law
Case T-734/18 R Sumitomo Chemical and Tenka Best v Commission
Interim measures — Biocidal products — Active substance empenthrin — Non-approval — Application for suspension of operation of a measure — No urgency
Case T-254/19 R AlpaSuri v Commission
Interlocutory proceedings — Import of alpacas — Application for interim measures — No urgency
Case T-517/18 Zott v EUIPO – TSC Food Products (Rectangular ready-to-eat cake)
Community design — Invalidity proceedings — Community design representing a ready-to-eat rectangular cake — Earlier Community designs — Ground for invalidity — No individual character — No different overall impression — Designer’s degree of freedom — Informed user — Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Action manifestly lacking any foundation in law
Case T-728/17 Marinvest and Porting v Commission
State aid — Pleasure port infrastructure — Concession for the management of a port and the provision of infrastructures and services without economic consideration — Decision finding that there is no State aid — Effect on trade between Member States
Case T-795/17 Moreira v EUIPO – Da Silva Santos Júnior (NEYMAR)
EU trade mark — Invalidity proceedings — EU word mark NEYMAR — Declaration of invalidity — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-12/18 Zweirad-Center Stadler v EUIPO – Triumph Designs (Triumph)
EU trade mark — Opposition proceedings — Application for the EU word mark Triumph — Earlier EU word mark TRIUMPH — Partial rejection of the application for registration — Relative ground for refusal — Likelihood of confusion — Identical signs — Enhanced distinctiveness of the earlier mark acquired through use — Similarity between products — Article 8(1)(b) of Regulation (EU) 2017/1001
Cases T-89/18 and T-90/18 Guiral Broto v EUIPO – Gastro & Soul (Café del Sol and CAFE DEL SOL)
EU trade mark — Opposition proceedings — Applications for the EU word and figurative marks Café del Sol and CAFE DEL SOL — Earlier national figurative mark Café del Sol — Proof of the existence, validity and scope of protection of the earlier mark — Translation — Rights of the defence — Article 95(2) of Regulation 2017/1001
Case T-465/18 Eurolamp v EUIPO (EUROLAMP pioneers in new technology)
EU trade mark — Application for EU word mark EUROLAMP pioneers in new technology — Absolute ground for refusal — No distinctive character — Mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-466/18 Eurolamp v EUIPO (EUROLAMP pioneers in new technology)
EU trade mark — Application for EU figurative mark EUROLAMP pioneers in new technology — Absolute ground for refusal — No distinctive character — Mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-602/18 Ayuntamiento de Enguera v Commission
Action for annulment — Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) — Reduction of the amount of the grant — Reclassification of the action — Refusal of the applicant — Inadmissibility
Case T-37/17 Bank Tejarat v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-813/17 Nerantzaki v Commission
Civil service — Officials — Recruitment — Notice of competition — Open competition EPSO/AD/331/16 — Conditions for admission — Decision of the selection board not to admit the applicant to the next stage of the competition — Error of law
Case T-354/18 KID-Systeme v EUIPO – Sky (SKYFi)
EU trade mark — Opposition proceedings — Application for EU word mark SKYFi — Earlier national and EU word marks SKY — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Identity of goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Misuse of powers — Right to a fair trial — Article 47 of the Charter of Fundamental Rights — Oral proceedings before the Board of Appeal — Article 96 of Regulation 2017/1001
Case T-396/18 ITSA v Commission
Action for annulment — Approximation of laws — Manufacture, presentation and sale of tobacco products and related product — Establishment and operation of a traceability system for tobacco products — Delegated Regulation and implementing acts — Lack of direct concern — Inadmissibility
Case T-764/15 Deutsche Lufthansa v Commission
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility
Case T-104/18 Fundación Tecnalia Research & Innovation v REA
Arbitration clause — Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Development of a system to monitor process and quality in the sector of industrial food production — Food-Watch Project — Overlap of the project with another project funded under the same programme — Information requirements on beneficiaries — Decision to demand repayment of the financial contribution paid under the grant agreement
Case T-197/16 Andrea Incontri v EUIPO – Higicol (ANDREA INCONTRI)
EU trade mark — Opposition proceedings — Application for EU word mark ANDREA INCONTRI — Earlier EU word mark ANDREIA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Distinctive character of a first name and a surname — Power to alter decisions
Case T-631/16 Remag Metallhandel and Jaschinsky v Commission
Non-contractual liability — Anti-dumping — OLAF’s insistence that Member States recover anti-dumping duties relating to any importation of silicon metal originating in Taiwan without proof that that silicon metal originated in China — Regulation (EC) No 398/2004 and Implementing Regulation (EU) No 467/2010 — Causal link
Case T-837/17 Negru v EUIPO – Sky (SkyPrivate)
EU trade mark — Opposition proceedings — Application for EU figurative mark SkyPrivate — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-837/17 Negru v EUIPO – Sky (SkyPrivate)
EU trade mark — Opposition proceedings — Application for EU figurative mark SkyPrivate — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-312/18 Dentsply De Trey v EUIPO – IDS (AQUAPRINT)
EU trade mark — Opposition proceedings — Application for EU word mark AQUAPRINT — Earlier national word marks AQUACEM and national unregistered marks AQUACEM and AQUASIL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation 2017/1001 — Action for passing off — No misrepresentation
Case T-364/18 Arçelik v EUIPO (MicroGarden)
EU trade mark — Application for EU word mark MicroGarden — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-439/18 Sintokogio v EUIPO (ProAssist)
EU trade mark — International registration designating the European Union — Word mark ProAssist — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Article 94 of Regulation 2017/1001 — Equal treatment
Case T-609/18 Fujifilm Recording Media v EUIPO – iTernity (d:ternity)
EU trade mark — Invalidity proceedings — Application for EU word mark d:ternity — Earlier word mark iTernity — Withdrawal of the application for a declaration of invalidity before the action was brought — Invalidation of the contested decision — No interest in bringing proceedings — Action in part inadmissible and in part manifestly lacking any foundation in law
June 2019
Case T-192/18 Rietze v EUIPO – Volkswagen (VW Caddy vehicule)
Language of the case: German
Case T-209/18 Porsche v EUIPO – Autec (Motor vehicules)
Language of the case: German
Case T-478/16 Frank v Commission
Language of the case: German
Case T-138/18 De Esteban Alonso v Commission
Civil service — Former officials — Investigation by OLAF — ‘Eurostat’ case — Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings — Failure to inform in advance the officials potentially concerned — Damage allegedly sustained as a result of the conduct of OLAF and the Commission in the course of the proceedings — Non-material, physical and material harm — Causal link
Language of the case: French
Case T-167/17 RV v Commission
Language of the case: French
Case T-74/18 Visi/one v EUIPO – EasyFix (Display holder for vehicles)
Community design – Invalidity proceedings – Registered Community design representing a display holder for vehicles – Earlier design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – Lack of individual character – Informed user – Degree of freedom of the designer – Lack of different overall impression – Article 6 and Article 25(1)(b) of Regulation No 6/2002
Language of the case: German
Cases T-624/15, T-694/15 and T-704/15 European Food and Others v Commission
State aid — Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) — Payment of compensation granted to certain economic operators — Decision declaring the aid incompatible with the internal market and ordering its recovery — Competence of the Commission
Language of the case: English
Case T-353/15 NeXovation v Commission
State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Diligent and impartial examination — Obligation to state reasons
Language of the case: English
Case T-373/15 Ja zum Nürburgring v Commission
State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Association — Status of negotiator — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights of interested parties — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Obligation to state reasons — Principle of sound administration
Language of the case: German
Case T-307/17 adidas v EUIPO – Shoe Branding Europe (Representation of three parallel stripes)
EU trade mark — Invalidity proceedings — EU figurative mark representing three parallel stripes — Absolute grounds for invalidity — No distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) — Form of use unable to be taken into account — Form that differs from the form under which the mark has been registered by significant variations — Inversion of the colour scheme
Language of the case: English
Joined Cases T-117/18 to T-121/18 Agencja Wydawnicza Technopol v EUIPO (200 PANORAMICZNYCH and Others)
Language of the case: Polish
Case T-20/17 Hungary v Commission
State aid — Hungarian tax on the turnover from the broadcasting or publication of advertisements — Progressivity of tax rates — Deduction from the basis of assessment of the tax of 50% of the losses carried forward for companies not generating a profit in 2013 — Decision characterising the measures as aid incompatible with the internal market and ordering its recovery — Concept of State aid — Condition relating to selectivity
Language of the case: Hungarian
Case T-268/18 Luciano Sandrone v EUIPO – J. García Carrión (Luciano Sandrone)
EU trade mark — Opposition proceedings — Application for EU word mark Luciano Sandrone — Earlier EU word mark DON LUCIANO — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001 — Application for an EU word mark consisting of a first name and of a surname — Earlier mark consisting of an honorific title and a first name — Neutrality of the conceptual comparison — No likelihood of confusion
Language of the case: English
Information (on unpublished decisions)
Case T-433/15 Bank Saderat v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-616/17 RENV Siragusa v Council
Civil service — Officials — Leaving the service — Request to retire — Amendment of the Staff Regulations after that request had been made — Withdrawal of an earlier decision — Liability
Case T-229/18 Biolatte v EUIPO (Biolatte)
EU trade mark — Application for EU word mark Biolatte — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-272/18 EBM Technologies v EUIPO (MobiPACS)
EU trade mark — Application for EU word mark MobiPACS — Absolute ground for refusal — Slogan — Level of attention of the relevant public — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-273/18 Bernaldo de Quirós v Commission
Civil service — Officials — Disciplinary measures — Disciplinary procedure — Acts contrary to the dignity of the civil service — Administrative investigation — Mandate given to IDOC — Principle of impartiality — Principle of good administration — Rights of the defence — Disciplinary procedure — Principle of equality of arms — Disciplinary penalty of a reprimand — Proportionality — Non-material damage
Case T-399/17 Dalli v Commission
Non-contractual liability — Investigation by OLAF — Sufficiently serious breach of a rule of law conferring rights on individuals — Non-material damage — Causal link
Case T-539/17 EIB v Syria
Arbitration clause — Al Thawra Loan Agreement No 16405 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-540/17 EIB v Syria
Arbitration clause — Electricity Distribution Project Loan Agreement No 20948 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-541/17 EIB v Syria
Arbitration clause — Electricity Transmission Project Loan Agreement No 20868 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-542/17 EIB v Syria
Arbitration clause — Port of Tartous Loan Agreement No 22057 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-543/17 EIB v Syria
Arbitration clause — Syrian Healthcare Loan Agreement No 21595 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-588/17 EIB v Syria
Arbitration clause — Euphrates Drainage and Irrigation Loan Agreement No 80211 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-589/17 EIB v Syria
Arbitration clause — Aleppo-Tall Kojak Road Project Loan Agreement No 60136 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-590/17 EIB v Syria
Arbitration clause — Water Supply Sweida Region Loan Agreement No 80212 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-591/17 EIB v Syria
Arbitration clause — Water Supply Deir Ez Zor Region Loan Agreement No 80310 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-614/17 Bonnafous v EACEA
Civil service — Contract staff — Dismissal at the end of the probationary period — Normal probationary conditions — Psychological harassment — Principle of sound administration — Duty of care — Rights of the defence — Right to be heard — Manifest error of assessment — Misuse of powers — Liability
Case T-43/18 Rietze v EUIPO – Volkswagen (VW Bus T 5 vehicule)
Community designs — Invalidity proceedings — Registered community design representing the VW Bus T 5 vehicle — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-191/18 Rietze v EUIPO – Volkswagen (VW Caddy Maxi vehicule)
Community design — Invalidity proceedings — Registered Community design representing the motor vehicle VW Caddy Maxi — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design
Case T-210/18 Porsche v EUIPO – Autec (Cars)
Community design — Invalidity proceedings — Registered Community design representing a car — Earlier Community design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-220/18 Torrefazione Caffè Michele Battista v EUIPO – Battista Nino Caffè (Battistino)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark Battistino — Earlier EU word mark BATTISTA — Declaration of partial invalidity — Proof of genuine use of the earlier trade mark — Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001)
Case T-221/18 Torrefazione Caffè Michele Battista v EUIPO – Battista Nino Caffè (BATTISTINO)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark BATTISTINO — Earlier EU word mark BATTISTA — Declaration of invalidity — Proof of genuine use of the earlier trade mark — Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001)
Case T-230/18 Czarnecki v Parliament
Law governing the institutions — Member of the European Parliament — Statements made against another Member of Parliament — Early termination of the term of office and duties of the Vice-President of the Parliament — Rights of the defence — Misuse of powers — Equal treatment
Case T-449/18 Ortlieb Sportartikel v EUIPO (Representation of an octagonal polygon)
EU trade mark — Application for EU figurative mark representing an octagon — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-719/18 Telemark plus v EUIPO (Telemarkfest)
EU trade mark — Application for EU word mark Telemarkfest — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-171/19 Hebberecht v EEAS
Civil service — Officials — Disciplinary proceedings — Suspension — Amounts withheld from remuneration — Failure to comply with the procedural requirements — Manifest inadmissibility
Case T-462/17 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
Case T-538/18 Dickmanns v EUIPO
Civil service — Temporary staff — Fixed-term contract with a termination clause — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of a competition — Purely confirmatory measure — Period within which an action must be brought — Inadmissibility
Case T-583/17 EOS Deutscher Inkasso-Dienst v EUIPO – IOS Finance EFC (IOS FINANCE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark IOS FINANCE — Earlier national figurative mark EOS — 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)
Case T-291/18 Biedermann Technologies v EUIPO (Compliant Constructs)
EU trade mark — Application for EU word mark Compliant Constructs — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-346/18 Advance Magazine Publishers v EUIPO – Enovation Brands (VOGUE)
EU trade mark — Opposition proceedings — Application for EU word mark VOGUE — Earlier EU word mark VOGA — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Rule 50(1) of Regulation No 2868/95
Case T-702/18 Durand and Others v Parliament
Actions for failure to act and for annulment — Agricultural policy — Regulation (EC) No 1/2005 — Animal welfare — Request by Members of the European Parliament to set up an inquiry committee — Defined position of the Parliament — Act not open to challenge — Informative act — Inadmissibility
Case T-248/17 RENV CC v Parliament
Liability — Civil service — Recruitment — Open Competition EUR/A/151/98 — Errors committed by the European Parliament in the management of the reserve list — Material loss
Case T-75/18 MPM-Quality v EUIPO – Elton Hodinářská (MANUFACTURE PRIM 1949)
EU trade mark — Revocation proceedings — EU figurative mark MANUFACTURE PRIM 1949 — Genuine use of the mark — Obligation to state reasons
Case T-244/18 Synergy Hellas v Commission
Research and technological development — Financial regulation — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — J-Web grant agreement — Enforceable decision ordering recovery — Proportionality — Obligation to state reasons
Case T-299/18 Strabag Belgium v Parliament
Public works contracts — Tendering procedure — General contractor works in the European Parliament buildings in Brussels — Rejection of the bid of one tenderer and award of the contract to other tenderers — Abnormally low tender — Action for annulment — Measure not open to challenge — Inadmissibility — Obligation to state reasons — Manifest error of assessment
Case T-357/18 Luz Saúde v EUIPO – Clínica La Luz (HOSPITAL DA LUZ)
EU trade mark — Opposition proceedings — Application for registration of EU figurative mark HOSPITAL DA LUZ — Earlier national figurative mark clínica LALUZ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-366/18 Pet King Brands v EUIPO – Virbac (SUIMOX)
EU trade mark — Opposition proceedings — Application for EU word mark SUIMOX — Earlier EU word mark ZYMOX — Obligation to state reasons — Notification of a decision of the Board of Appeal — Good faith and diligence on the part of the addressee — Article 94(1) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
Case T-392/18 Innocenti v EUIPO – Gemelli (Innocenti)
EU trade mark — Opposition proceedings — Application for EU work mark Innocenti — Earlier national figurative mark i INNOCENTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-398/18 Pielczyk v EUIPO – Thalgo TCH (DERMÆPIL SUGAR EPIL SYSTEM)
EU trade mark — Invalidity proceedings — EU figurative mark DERMÆPIL sugar epil system — Earlier national figurative mark dermépil — Relative ground for refusal — Genuine use of the mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64 (2) and (3) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) read in conjunction with Article 8(1)(b) of that regulation (now Article 8(1)(b) of Regulation 2017/1001) — Comparison of the goods
Case T-652/18 Porus v EUIPO (oral Dialysis)
EU trade mark — Application for the EU word mark oral Dialysis — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and (2) of Regulation (EU) 2017/1001
Case T-317/18 Fugro v Commission
Action for annulment — Galileo satellite navigation programme — Technical and operational specifications — Lack of individual concern — Manifest inadmissibility
Case T-593/18 BS v Parliament
Case T-828/17 Quadri di Cardano v Commission
Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Recovery of overpayment — Article 85, first paragraph of the Staff Regulations — Patent payment irregularity
Case T-569/18 W. Kordes' Söhne Rosenschulen v EUIPO (Kordes' Rose Monique)
EU trade mark — Application for EU word mark Kordes’ Rose Monique — Absolute ground for refusal — Mark consisting of a plant variety denomination — Essential elements — Article 7(1)(m) of Regulation (EC) No 207/2009 (now Article 7(1)(m) of Regulation (EU) 2017/1001)
Case T-179/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SMOKY — Earlier national figurative mark MASTERS COLORS PARIS — 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)
Case T-180/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SHAPE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001)
Case T-181/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001)
Case T-182/16 RENV L'Oréal v EUIPO - Guinot (MASTER DUO)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DUO — Earlier national figurative mark MASTERS COLORS PARIS — 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)
Case T-183/16 RENV L'Oréal v EUIPO – Guinot (MASTER DRAMA)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DRAMA — Earlier national figurative mark MASTERS COLORS PARIS — 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)
Case T-28/18 Marriott Worldwide v EUIPO – AC Milan (AC MILAN)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark AC MILAN — Earlier EU word marks AC and AC HOTELS BY MARRIOTT and earlier EU figurative mark AC HOTELS MARRIOTT — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Lack of enhanced distinctiveness of the mark AC — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-213/18 Brita v EUIPO (Shape of a faucet)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a faucet — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-479/18 Multifit v EUIPO (Premiere)
EU trade mark — Application for EU word mark Premiere — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
Case T-578/17 a&o hostel and hotel Berlin v Commission
State aid — Operating aid — Youth hostel in Berlin — Rent-free use of a publicly owned property — Decision declaring the potential aid compatible with the internal market — Article 107(3)(c) TFEU — Serious difficulties
Case T-389/18 Nonnemacher v EUIPO – Ingram (WKU)
EU trade mark — Invalidity proceedings — EU word mark WKU — Earlier EU word marks WKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — No limitation in consequence of acquiescence — Article 61(1) of Regulation 2017/1001
Case T-390/18 Nonnemacher v EUIPO – Ingram (WKU WORLD KICKBOXING AND KARATE UNION)
EU trade mark — Invalidity proceedings — EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION — Earlier EU word marks WKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — No limitation in consequence of acquiescence — Article 61(1) of Regulation 2017/1001
Case T-466/16 NRW. Bank v SRB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the ex ante contribution for 2016 — Time limit for bringing an action — Delay — Article 76 of the Rules of procedure of the General Court — Inadmissibility
Case T-474/17 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Late payments — Overshooting of ceilings — Article 11 of Regulation (EC) No 885/2006 — Double financial correction — Proportionality — Payment deadlines
Case T-617/17 Vialto Consulting v Commission
Case T-651/18 Balani Balani and Balani Shivdasani v EUIPO – Play Hawkers (HAWKERS)
EU trade mark — Opposition proceedings — Application for EU figurative mark HAWKERS — Earlier EU figurative mark HAWKERS — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001
Case T-135/18 Szegedi v Parliament
Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the European Parliament — Travel expenses — Parliamentary assistance expenses — Recovery of sums unduly paid — Rights of defence — Disclosure of evidence — Obligation to state reasons — Error of fact — Proportionality
Case T-334/18 Bodegas Altún v EUIPO – Codorníu (ANA DE ALTUN)
EU trade mark — Opposition proceedings — Application for EU figurative mark ANA DE ALTUN — Earlier national figurative mark ANNA — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EU) 2017/1001
Case T-385/18 Aldi v EUIPO – Crone (CRONE)
EU trade mark — Opposition proceedings — Application for EU figurative mark CRONE — Earlier EU figurative marks crane and earlier word mark CRANE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-741/16 Changmao Biochemical Engineering v Commission
Dumping — Imports of aspartame originating in China — Refusal to grant market economy treatment — Imposition of a definitive anti-dumping duty — Article 2(7)(b) and (c), second indent, of Regulation (EU) 2016/1036 — Article 2(7)(a) of Regulation 2016/1036 — Article 2(10) of Regulation 2016/1036 — Article 3(2) and (6) of Regulation 2016/1036 — Article 6(7) of Regulation 2016/1036 — Non-conformity of accounting documents — Non-compliance with international accounting standards — Recourse to EU industry data — Request for adjustment — Burden of proof — Right to a fair hearing — Principle of sound administration — Legitimate expectations
Case T-64/18 Alfamicro v Commission
Competitiveness and Innovation Framework Programme — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Enforcement decision — Recovery of a debt arising out of a grant agreement — Article 299 TFEU — Regulation (EU, Euratom) no 966/2012 — Article 135 of Regulation No 966/2012 — Extrapolation of the audit findings — Obligation to state reasons
Case T-340/18 Gibson Brands v EUIPO – Wilfer (Shape of a guitar body)
EU trade mark — Invalidity proceedings — EU three-dimensional mark — Shape of a guitar body — Absolute ground for refusal — Distinctive character — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001)
Case T-377/18 Intercept Pharma and Intercept Pharmaceuticals v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by EMA containing information submitted by the applicants in the context of the marketing authorisation for the medicinal product Ocaliva — Decision to grant a third party access to a document — Exception relating to the protection of court proceedings
July 2019
Case T-405/15 Fulmen v Council
Language of the case: French
Case T-406/15 Mahmoudian v Council
Language of the case: French
Case T-573/16 PT v EIB
Civil service – Staff of the EIB – Organisation of departments – Dispensation from service – Access to email and IT connections – Pre-litigation procedure – Admissibility – Legal certainty – Right to be heard – Presumption of innocence – Final report of OLAF – Obligation to state reasons – Liability – Material harm – Non-material harm
Language of the case: Swedish
Case T-660/18 VodafoneZiggo Group v Commission
Action for annulment — Electronic communications — Article 7 of Directive 2002/21/EC — Wholesale provision of fixed access — Joint significant market power — Specific regulatory obligations imposed on operators — Draft measure made accessible by the national regulatory authority — Comments of the Commission — Second phase of the procedure not opened — Act not open to challenge — Article 130 of the Rules of Procedure — Inadmissibility
Language of the case: English
Case T-244/16 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: English
Case T-894/16 Air France v Commission
Action for annulment — State aid — Measures implemented by France in favour of Marseille Provence Airport and airlines using the airport — Decision declaring the aid compatible with the internal market — Investment subsidies — Differentiation between airport charges applicable to national and international flights — Reduced airport charges to encourage flights from the new Marseille Provence terminal 2 — Lack of individual concern — No substantial effect on the competitive position — Inadmissibility
Language of the case: French
Case T-274/18 Klymenko v Council
Language of the case: French
Case T-762/15 Sony and Sony Electronics v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Infringement by object — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T-772/15 Quanta Storage v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T-1/16 Hitachi-LG Data Storage and Hitachi-LG Data Storage Korea v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Unlimited jurisdiction — Infringement of the principle of good administration — Obligation to state reasons — Point 37 of the 2006 Guidelines on the method of setting fines — Particular circumstances — Error of law
Language of the case: English
Case T-8/16 Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Breach of essential procedural requirements and of the rights of the defence — Jurisdiction of the Commission — Geographic scope of the infringement — Single and continuous infringement — Principle of good administration — 2006 Guidelines on the method of setting fines
Language of the case: English
Case T-289/17 Keolis CIF and Others v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
Case T-291/17 Transdev and Others v Commission
State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Concepts of ‘existing aid’ and ‘new aid’ — Article 107 TFEU — Article 108 TFEU — Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 — Limitation period — Article 17 of Regulation 2015/1589 — Obligation to state reasons
Language of the case: French
Case T-292/17 Région Île-de-France v Commission
State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Advantage — Selective nature — Article 107(1) TFEU — Obligation to state reasons — Concepts of ‘existing aid’ and ‘new aid’ — Article 108 TFEU — Article 1(b)(i) and (v) of Regulation (EU) 2015/1589
Language of the case: French
Case T-309/17 Optile v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
Case T-330/17 Ceobus and Others v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
Case T-738/17 STIF-IDF v Commission
Language of the case: French
Information (on unpublished decisions)
Case T-388/19 R Puigdemont i Casamajó and Comín i Oliveres v Parliament
Application for interim measures — European Parliament — Verification of the credentials — No prima facie case
Case T-602/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure made by Spain — Key checks — Criteria for recognition of producers’ bodies — Approval of operational programmes — Transfer of investments within the same operation programme — Legitimate expectations
Case T-598/17 Italy v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure made by Italy — Delays and negligence attributable to bodies of the Member State — Burden placed on the Member State of the financial consequences of the lack of recovery — Financial corrections — Articles 31 and 32 of Regulation (EC) No 1290/2005 — Article 12 of Delegated Regulation (EU) No 907/2014 — Reasonable time
Case T-662/18 romwell v EUIPO (twistpac)
EU trade mark — Application for EU word mark twistpac — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Duty of care — Article 95(1) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
Case T-53/18 Germany v Commission
Approximation of laws — Regulation (EU) No 305/2011 — Regulation (EU) No 1025/2012 — Construction products — Harmonised standards EN 13341:2005 + A1:2011 and EN 12285-2:2005 — Obligation to state reasons
Case T-158/18 Scaloni and Figini v Commission
Action for damages — Resolution of credit institutions and investment firms — Directive 2014/59/EU and Regulation (EU) No 806/2014 — State Aid — Disregard of the procedural requirements — Article 76(d) of the Rules of Procedure — Manifest inadmissibility
Case T-253/18 VY v Commission
Case T-397/18 Hugo's Hotel v EUIPO – H'ugo's (HUGO’S BURGER Bar)
EU trade mark — Opposition proceedings — Application for EU figurative mark HUGO’S BURGER Bar — Earlier EU word mark H’ugo’s — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-482/18 XF v Commission
Civil service — Officials — Remuneration — Installation allowance — Temporary change of place of employment — Change of residence
Case T-687/18 Pilatus Bank v ECB
Action for annulment — Economic and monetary policy — Prudential supervision of credit institutions — Suspension measures taken by the national supervisory authority — Appointment of a contact person — Limited communication with the ECB — Procedural defects — Intermediary or preparatory measures — Rights of defence — Inadmissibility
Case T-522/15 CCPL and Others v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of unlawful conduct — 2006 Guidelines on the method of setting fines — Value of sales — Ceiling of the fine — Proportionality — Equal treatment — Ability to pay
Case T-523/15 Italmobiliare and Others v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of the unlawful conduct — Conditions for the granting of immunity — 2006 Guidelines on the method of setting fines — Sales value — Ceiling for the fine — Length of the administrative procedure — Reasonable period of time — Ability to pay
Case T-530/15 Huhtamäki and Huhtamaki Flexible Packaging Germany v Commission
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of involvement in the cartel — Single and continuous infringement — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment
Case T-582/15 Silver Plastics and Johannes Reifenhäuser v Commission
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Evidence of involvement in a cartel — Single and continuous infringement — Principle of equality of arms — ‘Right to confront’ — 2006 Leniency Notice — Significant added value — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment — Upper limit of the fine
Case T-245/16 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-805/16 IPPT PAN v Commission and REA
Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities — Decision to recover by offsetting claims of the European Union arising from the performance of a contract — Effective judicial protection — Right to refer to the Ombudsman — Financial regulation — Debts which are certain — Legitimate expectations — Principle of non-discrimination — Principle of sound administration — Misuse of powers — Contractual liability — Audit report — Eligible costs
Case T-838/16 BP v FRA
Non-contractual liability — Access to documents — Partial refusal of access — Sufficiently serious breach of a rule of law conferring rights on individuals — Regulations (EC) No 1049/2001 and No 45/2001 — Protection of personal data — Non-material damage — Material damage — Causal link
Case T-888/16 BP v FRA
Civil service — Members of the contract staff — FRA — Fixed-term contract — Decision not to renew — New decision adopted following an annulment by the General Court — Rights of the defence — Principle of sound administration — Obligation to state reasons — Liability
Case T-185/17 PlasticsEurope v ECHA
REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction — Articles 57 and 59 of Regulation No 1907/2006
Case T-95/18 Gollnisch v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Complaint — Action for annulment — Admissibility — Rights of the defence — Obligation to state reasons — Error of fact
Case T-284/18 Arbuzov v Council
Case T-285/18 Pshonka v Council
Case T-289/18 Pshonka v Council
Case T-305/18 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-349/18 Hauzenberger v EUIPO (TurboPerformance)
EU trade mark — Application for EU figurative mark TurboPerformance — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-601/18 Wewi Mobile v EUIPO (Fi Network)
EU trade mark — Application for EU word mark Fi Network — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-674/18 Vattenfall Europe Nuclear Energy v Commission
Case T-94/15 RENV Binca Seafoods v Commission
Case T-763/15 Sony Optiarc and Sony Optiarc America v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Infringement by object — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Case T-276/17 Ogrodnik v EUIPO – Aviário Tropical (Tropical)
EU trade mark — Invalidity proceedings — EU figurative mark Tropical — Earlier national word mark TROPICAL — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Similarity of the goods — Likelihood of confusion — Coexistence of the marks
Case T-331/17 Steifer v EESC
Civil service — Officials — Pensions — Pension entitlement acquired before entry into service of the EU — Transfer to the EU scheme — Grant of additional seniority — Reimbursement of the amount of pension entitlement not taken into account in the scheme for the calculation of annuities of pension of the EU — No new and substantial facts — No excusable error — Liability — Inadmissibility
Case T-698/17 MAN Truck & Bus v EUIPO – Halla Holdings (MANDO)
EU trade mark — Opposition proceedings — Application for EU word mark MANDO — Earlier international and national figurative marks MAN — Earlier national word mark Man — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-772/17 Café del Mar and Others v EUIPO – Guiral Broto (Café del Mar)
EU trade mark — Invalidity proceedings — EU figurative mark Café del Mar — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-773/17 Café del Mar and Others v EUIPO – Guiral Broto (Café del Mar)
EU trade mark — Invalidity proceedings — EU figurative mark Café del Mar — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-774/17 Café del Mar and Others v EUIPO – Guiral Broto (C del M)
EU trade mark — Invalidity proceedings — EU figurative mark C del M — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-792/17 MAN Truck & Bus v EUIPO – Halla Holdings (MANDO)
EU trade mark — Opposition proceedings — Application for EU figurative mark MANDO — Earlier international and national figurative marks MAN — Earlier national word mark Man — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-54/18 Fashion Energy v EUIPO – Retail Royalty (1st AMERICAN)
EU trade mark — Opposition proceedings — Application for EU figurative mark 1st AMERICAN — Earlier EU figurative mark representing an eagle — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Audi alteram partem rule — Article 95(1) of Regulation 2017/1001 — Cross-claim
Case T-113/18 Miles-Bramwell Executive Services v EUIPO (FREE)
EU trade mark — Application for EU word mark FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-114/18 Miles-Bramwell Executive Services v EUIPO (FREE)
EU trade mark — Application for EU word mark FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-264/18 Gruppo Armonie v EUIPO (mo.da)
Case T-412/18 mobile.de v EUIPO – Droujestvo S Ogranichena Otgovornost 'Rezon' (mobile.ro)
EU trade mark — Invalidity proceedings — EU figurative mark mobile.ro — Earlier national figurative mark mobile — Genuine use of the earlier mark — Article 18 of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
Case T-467/18 Audimas v EUIPO – Audi (AUDIMAS)
Case T-280/19 R Highgate Capital Management v Commission
Action for annulment — State aid — Complaint — Act not open to challenge — Inadmissibility
Case T-355/19 R CE v Committee of the Regions
Case T-176/19 R 3V Sigma v ECHA
Application for interim measures — REACH — UVASORB HEB — Evaluation procedure — Decision of the Board of Appeal of ECHA — Application for interim measures — No urgency
Case T-367/19 R Camerin v Commission
August 2019
Information (on unpublished decisions)
Case T-472/19 R BASF v Commission
Interim measures — Medicinal product — Marketing authorisation — Omega-3 acid ethyl esters — No urgency
September 2019
Case T-308/18 Hamas v Council
Language of the case: French
Case T-883/16 Poland v Commission
Internal market in natural gas — Directive 2009/73/EC — Commission Decision approving the variation of the conditions for the exemption from EU requirements of the rules governing the operation of the OPAL pipeline in regard to third party access and tariff regulation — Article 36(1) of Directive 2009/73 — Principle of energy solidarity
Language of the case: Polish
Case T-741/17 Trasys International and Axianseu - Digital Solutions v EASA
Language of the case: French
Case T-762/18 R Athanasiadou and Soulantikas v Commission
Interim measures — Financial provisions (budget, financial framework, own resources, combating fraud) — Enforcement — Application for suspension — Admissibility — No urgency
Language of the case: Greek
Case T-545/18 YL v Commission
Language of the case: French
Case T-748/18 Glimarpol v EUIPO – Metar (Pneumatic power tools)
Community design — Registered Community design representing pneumatic power tools — Invalidity proceedings –– Intervention by the other party to the proceedings before the Board of Appeal — Expiry of the time limit within which to intervene under Article 173 of the Rules of Procedure of the General Court — Refusal to grant leave to intervene under that provision — Application, in the alternative, for leave to intervene under Article 143 of the Rules of Procedure made within the time limit — Whether permissible
Language of the case: English
Case T-228/17 Zhejiang Jndia Pipeline Industry v Commission
Dumping — Imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in China and Taiwan — Imposition of definitive anti-dumping duties — Normal value — Adjustments — Manifest error of assessment — Obligation to state reasons
Language of the case: English
Case T-476/17 Arysta LifeScience Netherlands v Commission
Plant protection products — Active substance diflubenzuron — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Rights of the defence — Ultra vires — Manifest error of assessment — Procedure for renewal of approval — Article 14 of Regulation No 1107/2009 — Imposition, in the context of the review procedure, of additional restrictions limiting the use of the active substance at issue without waiting for the outcome of the renewal procedure — Proportionality
Language of the case: English
Case T-783/17 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
Language of the case: English
Case T-125/17 BASF Grenzach v ECHA
REACH — Evaluation of substances — Triclosan — ECHA decision requesting further information — Article 51(6) of Regulation (EC) No 1907/2006 — Action brought before the Board of Appeal — Task of the Board of Appeal — Adversarial nature of the procedure — Scope of the review — Intensity of the review — Powers of the Board of Appeal — Article 93(3) of Regulation No 1907/2006 — First sentence of Article 47(1) of Regulation No 1907/2006 — Relevant information — Proportionality — Article 25 of Regulation No 1907/2006 — Annex XIII to Regulation No 1907/2006 — Data obtained under relevant circumstances — Persistence — Neurotoxicity — Reproductive toxicity — Article 12(1) of Regulation (EC) No 771/2008 — Delay in the submission of a scientific opinion
Language of the case: English
Case T-433/17 Dehousse v Court of Justice of the European Union
Language of the case: French
Case T-610/17 ICL-IP Terneuzen and ICL Europe Coöperatief v Commission
REACH — Substances subject to authorisation — Inclusion of 1-bromoproprane (nPB) in Annex XIV to Regulation No 1907/2006 — Volumes — Registration dossier — Data — Substance grouping — Principle of sound administration — Right to conduct business and pursue a trade freely — Obligation to state reasons — Legitimate expectations — Proportionality — Equal treatment
Language of the case: English
Case T-636/17 PlasticsEurope v ECHA
REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 — Supplement to the entry relating to the substance bisphenol A on that list — Articles 57 and 59 of Regulation No 1907/2006 — Manifest error of assessment — Legal certainty — Legitimate expectations — Proportionality
Language of the case: English
Case T-650/17 Jinan Meide Casting v Commission
Dumping — Implementing Regulation (EU) 2017/1146 — Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China, manufactured by Jinan Meide Castings Co., Ltd — Definitive anti-dumping duty — Resumption of the procedure following the partial annulment of Implementing Regulation (EU) No 430/2013 — Article 2(7)(a), (10) and (11) of Regulation (EC) No 1225/2009 (now Article 2(7)(a), (10) and (11) of Regulation (EU) 2016/1036) — Normal value — Fair comparison — Non-matching product types — Article 3(1) to (3) and Article 9(4) and (5) of Regulation No 1225/2009 (now Article 3(1) to (3) and Article 9(4) and (5) of Regulation 2016/1036) — Determination of injury
Language of the case: English
Case T-696/17 Havenbedrijf Antwerpen and Maatschappij van de Brugse Zeehaven v Commission
Language of the case: Dutch
Case T-755/17 Germany v ECHA
REACH — Evaluation of substances — Benpat — Persistence — ECHA decision requesting further information — Article 51(6) of Regulation (EC) No 1907/2006 — Action brought before the Board of Appeal — Task of the Board of Appeal — Adversarial procedure — Nature of review — Intensity of review — Powers of the Board of Appeal — Article 93(3) of Regulation No 1907/2006 — Conferral of powers on EU agencies — Principle of conferral — Principle of subsidiarity — Proportionality — Obligation to state reasons
Language of the case: German
Case T-47/18 UZ v Parliament
Language of the case: French
Case T-65/18 Venezuela v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Action brought by a third State — Lack of direct concern — Inadmissibility
Language of the case: English
Case T-716/18 The Logistical Approach v EUIPO – Idea Groupe (Idealogistic Compass Greatest care in getting it there)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic Compass Greatest care in getting it there — Earlier international figurative mark IDÉA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: French
Case T-586/14 RENV Xinyi PV Products (Anhui) Holdings v Commission
Dumping — Imports of solar glass originating in China — Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) — Market economy treatment — Concept of ‘significant distortion in the production costs and financial situation of firms’ — Tax incentives — Manifest error of assessment
Language of the case: English
Case T-121/15 Fortischem v Commission
State aid — Chemical industry — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Recovery — Economic continuity — Principle of sound administration — Obligation to state reasons
Language of the case: English
Case T-755/15 Luxembourg and Fiat Chrysler Finance Europe v Commission
State aid — Aid granted by Luxembourg — Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Advantage — Arm’s length principle — Selectivity — Presumption — Restriction of competition — Recovery
Language of the case: French
Case T-760/15 and T-636/16 Netherlands and Others v Commission
State aid — Aid implemented by the Netherlands — Decision declaring the aid to be incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Transfer pricing — Calculation of the tax base — Arm’s length principle — Advantage — Reference system — Fiscal and procedural autonomy of the Member States
Language of the case: Dutch and English
Case T-105/17 HSBC Holdings and Others v Commission
Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the Euribor interbank reference rates — Exchange of confidential information — Restriction of competition by object — Single and continuous infringement — Fines — Basic amount — Value of sales — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
Language of the case: English
Case T-391/17 Romania v Commission
Language of the case: Romanian
Case T-466/17 Printeos and Others v Commission
Language of the case: Spanish
Case T-491/17 Opere Pie d'Onigo v Commission
Language of the case: Italian
Case T-13/18 Crédit Mutuel Arkéa v EUIPO – Confédération nationale du Crédit mutuel (Crédit Mutuel)
EU trade mark – Invalidity proceedings – EU word mark Crédit Mutuel – Absolute grounds for refusal – Descriptive character – No distinctive character – Distinctive character acquired through use – Cross-claim – Article 7(1)(b) and (c) and Article 7(3) of Regulation (EU) 2017/1001 – Article 59(1)(a) and Article 59(2) of Regulation 2017/1001
Language of the case: French
Case T-112/18 Pink Lady America v CPVO – WAAA (Cripps Pink)
Plant varieties — Nullity proceedings — Cripps Pink apple variety– Articles 10 and 116 of Regulation (EC) No 2100/94 — Novelty — Derogative grace period — Definition of exploitation of the variety — Commercial evaluation — Article 76 of Regulation (EC) No 874/2009 — Late submission of evidence before the Board of Appeal — Evidence submitted for the first time before the General Court
Language of the case: English
Case T-219/18 Piaggio & C. v EUIPO – Zhejiang Zhongneng Industry Group (Mobylettes)
Language of the case: Italian
Case T-261/18 Roxtec v EUIPO – Wallmax (Representation of a black square containing seven concentric blue circles)
EU trade mark — Invalidity proceedings — EU figurative trade mark depicting a black square containing seven concentric blue circles — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii), of Regulation (EU) 2017/1001
Language of the case: English
Case T-356/18 Volvo Trademark v EUIPO – Paalupaikka (V V-WHEELS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark V V-WHEELS — Earlier EU, national and unregistered figurative marks VOLVO — Relative ground for refusal — Similarity of the signs — Article 8(5) of Regulation (EU) 2017/1001
Language of the case: English
Case T-99/19 Magnan v Commission
Language of the case: French
Information (on unpublished decisions)
Case T-603/17 Lithuania v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1698/2005 — Axis 4 ‘Leader’ — Regulation (EU) No 65/2011 — Administrative checks — Obligation to implement a suitable system for evaluating the reasonableness of the costs — Contribution in kind in the form of unpaid voluntary work — Contribution in kind in the form of a contribution of immovable property — On-the-spot checks — Presence of documents supporting payment claims — Implementation of operations financed in accordance with the rules on public procurement
Cases T-313/15 and T-317/15 Italy v Commission
Rules on the use of languages — Notices of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality — Manifestly well-founded action
Case T-753/18 C&A v EUIPO (#BESTDEAL)
EU trade mark — Application for the EU figurative mark #BESTDEAL — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-212/18 Romańska v Frontex
Civil Service — Contract Staff — Contract for an indefinite period — Article 47(c)(i) of the CEOS — Termination — Grounds for termination — Breakdown in the relationship of trust — Discrimination and psychological harassment — Compensation claim — Manifest inadmissibility
Case T-575/18 Shore Capital International v EUIPO – Circle Imperium (The Inner Circle)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark The Inner Circle — Earlier EU word mark InnerCircle — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-680/18 SLL Service v EUIPO – Elfa International (LUMIN8)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark LUMIN8 — Earlier EU word mark LUMI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-689/18 Executive Selling v EUIPO (EXECUTIVE SELLING)
EU trade mark — International registration designating the European Union — Figurative mark EXECUTIVE SELLING — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-50/18 Tassi v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
Case T-51/18 BP v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
Case T-66/18 BQ v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
Case T-217/18 DK v EEAS
Case T-744/18 Oakley v EUIPO – Xuebo Ye (Representation of a discontinuous ellipse)
Case T-231/15 RENV Haswani v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Article 86 of the Rules of Procedure of the General Court — Modification of the application — Admissibility — Need to modify pleas in law and arguments — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Joined Cases T-721/17 and T-722/17 Topor-Gilka and WO Technopromexport v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine — Freezing of funds — Obligation to state reasons — Error of assessment
Case T-286/18 Azarov v Council
Case T-649/18 ruwido austria v EUIPO (transparent pairing)
Case T-34/19 Orkla Foods Danmark v EUIPO (PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD)
EU trade mark — Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-55/19 Cham Holding and Bena Properties v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-56/19 Syriatel Mobile Telecom v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-57/19 Makhlouf v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-58/19 Othman v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-59/19 Makhlouf v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-61/19 Drex Technologies v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-62/19 Almashreq Investment Fund v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-137/19 Souruh v Council
Action for damages — Common Foreign and Security Policy — Restrictive measures against Syria — Freezing of funds — Lack of jurisdiction
Case T-578/19 R Sophia Group v Parliament
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
Case T-417/16 Achemos Grupė and Achema v Commission
State aid — Aid to Klaipėdos Nafta for the construction and management of an LNG terminal at the Klaipėda Seaport — Decision declaring the aid compatible with the internal market — Article 106(2) TFEU — Article 107(3)(c) TFEU — Decision not to raise any objections — Security of supply — Service of general economic interest
Case T-629/17 Czech Republic v Commission
Case T-225/18 Manéa v CdT
Civil service — Temporary members of staff — Fixed-term contract — Decision not to renew the applicant’s contract — Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision — Liability
Case T-528/18 XI v Commission
Civil Service — Officials — Occupational disease — Psychological harassment — Request for assistance — Rejection of the request — Reply to the complaint containing medical data — Medical confidentiality — Request for deletion of that data — Protection of natural persons with regard to the processing of personal data — Right to privacy — Liability
Case T-182/19 Puma v EUIPO (SOFTFOAM)
EU trade mark — Application for EU figurative mark SOFTFOAM — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-525/19 R Intering and Others v Commission
Interim measures — Procedure for the award of a contract — Application for suspension of operation — Application for interim measures — Lack of urgency
Case T-566/19 R Scandlines Danmark and Scandlines Deutschland v Commission
Application for interim measures — State aid — Extension of time limit — No interest
Case T-617/18 ZH v ECHA
Civil service — Members of the temporary staff — 2016 staff report — Sick leave — Claim for compensation — Complaint brought after expiry of the three-month period prescribed by Article 90(2) of the Staff Regulations — Force majeure — Excusable error — Manifest inadmissibility
Case T-703/18 Poland v Commission
Action for annulment — European Social Fund — Operational programme ‘Knowledge Education Development’ — Letter notifying a final audit report — Act not amenable to review — Preparatory act — Inadmissibility
Joined Cases T-119/07 and T-207/07 Italy and Eurallumina v Commission
State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature — Guidelines on regional State aid — Community guidelines on State aid for environmental protection of 2001 — Legitimate expectations — Presumption of legality attaching to measures of the institutions — Principle of sound administration — Obligation to state reasons — Contradictory reasoning
Joined Cases T-129/07 and T-130/07 Ireland and Aughinish Alumina v Commission
State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature of the measure — Community guidelines on State aid for environmental protection of 2001
Case T-399/18 TrekStor v EUIPO (Theatre)
Case T-464/18 Grupo Bimbo v EUIPO – Rubio Snacks (Tia Rosa)
EU trade mark — Opposition proceedings — Application for EU figurative mark Tia Rosa — Earlier national figurative mark TIA ROSA — Relative ground for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-502/18 Pharmadom v EUIPO – IRF (MediWell)
EU trade mark — Opposition proceedings — Application for EU figurative mark MediWell — Earlier national word mark WELL AND WELL and earlier national figurative mark well & well LES PHARMACIENS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-532/18 Aroma Essence v EUIPO – Refan Bulgaria (Washing sponge)
Community design — Invalidity proceedings — Registered Community design representing a washing sponge — Earlier designs — Grounds for invalidity — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Burden of proof on the invalidity applicant — Requirements relating to the reproduction of the prior design
Case T-633/18 Rose Gesellschaft v EUIPO – Iviton (TON JONES)
EU trade mark — Opposition proceedings — Application for EU word mark TON JONES — Earlier national and international figurative marks Jones — Proof of genuine use of the earlier marks — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Article 18(1) of Regulation 2017/1001 — Article 10 of Delegated Regulation (EU) 2018/625
Case T-634/18 Geske v EUIPO (revolutionary air pulse technology)
EU trade mark — Application for EU word mark revolutionary air pulse technology — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-386/14 RENV 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
Case T-153/17 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
Case T-176/17 WhiteWave Services v EUIPO – Fernandes (VeGa one)
EU trade mark — Opposition proceedings — Application for EU figurative mark VeGa one — International registration designating the European Union in respect of the earlier word mark Vegas — 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)
Case T-786/17 BTC v Commission
Arbitration clause — Grant agreement entered into in the context of the eTEN framework programme, relating to trans-European telecommunications networks — ‘SafeChemo’ project — Investigation report from OLAF finding certain expenses incurred to be ineligible — Repayment in part of the sums paid — Counterclaim
Case T-27/18 RENV FV v Council
Case T-359/18 Unifarco v EUIPO – GD Tecnologie Interdisciplinari Farmaceutiche (TRICOPID)
Case T-378/18 NHS v EUIPO – HLC SB Distribution (CRUZADE)
EU trade mark — Opposition proceedings — Application for EU word mark CRUZADE — Earlier EU figurative mark SANTA CRUZ — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001 — Enhanced distinctiveness of the earlier mark
Case T-379/18 WI v Commission
Civil service — Pensions — Survivor’s pension — Registered non-marital partnership — Refusal to grant — Article 1(2)(c)(iv) of Annex VII of the Staff Regulation — Access to civil marriage — Principle of sound administration — Duty to have regard for the welfare of officials — Exceptional Circumstances
Case T-678/18 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)
Case T-679/18 Showroom v EUIPO – E-Gab (SHOWROOM)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SHOWROOM — Earlier EU figurative mark SHOWROOM86 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-761/18 La Caixa v EUIPO – Imagic Vision (imagin bank)
EU trade mark — Opposition proceedings — Application for EU figurative mark imagin bank — Earlier national figurative mark imagic — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-615/15 RENV LL v Parliament
Case T-217/17 FVE Holýšov I and Others v Commission
State aid — Market for electricity generated from renewable sources — Measures setting a minimum purchase price for electricity generated from renewable energy sources or granting a bonus to producers of that electricity — Amendment of the initial measures — Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage — Article 107(3)(c) TFEU — Beneficiaries of the aid and shareholders of the beneficiaries — Legitimate expectations — State resources — Commission’s competence to examine the compatibility of the measures with other provisions of EU law than State aid
Case T-467/17 Barata v Parliament
Action for annulment — Civil service — Selection procedure for contract staff — Recruitment — Call for expressions of interest EP/CAST/S/16/2016 — Drivers — Practical and theoretical tests organised following the establishment of a database — Failure in the theoretical test — Annulment of the call for expressions of interest and voiding of the database — Action which has become devoid of purpose — Continuing interest in bringing proceedings — No need, in part, to adjudicate — Inadmissibility in part
Case T-673/17 Port autonome du Centre et de l'Ouest and Others v Commission
Case T-674/17 Le Port de Bruxelles and Région de Bruxelles-Capitale v Commission
Case T-287/18 M. I. Industries v EUIPO – Natural Instinct (Nature's Variety Instinct)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Nature’s Variety Instinct — Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-288/18 M. I. Industries v EUIPO – Natural Instinct (NATURE'S VARIETY INSTINCT)
EU trade mark — Opposition proceedings — Application for the EU word mark NATURE’S VARIETY INSTINCT — Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-367/18 Sixsigma Networks Mexico v EUIPO – Marijn van Oosten Holding (UKIO)
EU trade mark — Opposition proceedings — Application for the EU word mark UKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-458/18 Multifit v EUIPO (real nature)
EU trade mark — Application for EU word mark real nature — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-650/18 Reaktor Group v EUIPO (REAKTOR)
Case T-727/18 R ZW v EIB
Interim measures — Civil service — Inadmissibility
Case T-67/19 Sixsigma Networks Mexico v EUIPO – Dokkio (DOKKIO)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DOKKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-500/17 Hubei Xinyegang Special Tube v Commission
Dumping — Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China — Definitive anti-dumping duty — Injury — Price undercutting — Causal link
Case T-780/17 US v ECB
Civil service — ECB staff — Appraisal report for 2016 — Annual salary and bonus review — Refusal to convert a fixed-term employment contract into a contract for an indefinite period — Obligation to state reasons — Manifest error of assessment
Case T-39/18 VF v ECB
Civil service — ECB staff — Appraisal report of the applicant — Annual salary and bonus review — Refusal to convert a fixed-term employment contract into a contract for an indefinite period — Obligation to state reasons — Manifest error of assessment — Principle of sound administration
Case T-68/18 Fränkischer Weinbauverband v EUIPO (Shape of a bottle)
Case T-255/18 US v ECB
Case T-300/18 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-301/18 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-404/18 Zhadanov v EUIPO (PDF Expert)
EU trade mark — Application for the EU word mark PDF Expert — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EU) 2017/1001
Case T-492/18 Zhadanov v EUIPO (Scanner Pro)
EU trade mark — Application for the EU word mark Scanner Pro — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EU) 2017/1001
Case T-497/18 IAK - Forum International v EUIPO – Schwalb (IAK)
Case T-507/18 France v Commission
Case T-749/18 Daimler v EUIPO (ROAD EFFICIENCY)
EU trade mark — Application for EU word mark ROAD EFFICIENCY — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-451/18 Triantafyllopoulos and Others v ECB
Action for damages — Harm allegedly caused to the applicants due to the absence of supervision of the Achaiki Cooperative Bank by the National Bank of Greece and the ECB — Limitation period — Article 46 of the Statute of the Court of Justice of the European Union — Causal link — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-663/18 Nissin Foods Holdings v EUIPO – The GB Foods (Soba JAPANESE FRIED NOODLES)
EU trade mark — Invalidity proceedings — EU figurative mark Soba JAPANESE FRIED NOODLES — Absolute ground for invalidity — Article 59(1)(a) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
Case T-740/18 R Taminco v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance thiram — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency
Case T-518/19 R Sipcam Oxon v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance chlorothalonil — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency
Case T-549/19 R Medac Gesellschaft für klinische Spezialpräparate v Commission
Application for interim measures — Orphan medicinal product — Application to suspend operation of a measure — No urgency
Case T-568/19 R Micreos Food Safety v Commission
Application for interim measures — Bacteriophage — Listeria — ListexTM P100 — Inadmissibility
October 2019
Case T-730/18 DQ and Others v Parliament
Language of the case: French
Case T-432/18 Palo v Commission
Civil service — Members of the temporary staff — Pensions — Pension scheme — Severance grant — Article 12(2) of Annex VIII to the Staff Regulations — Principles of equal treatment and non-discrimination — Legitimate expectations — Principle of good administration — Duty of care
Language of the case: English
Case T-279/18 Alliance Pharmaceuticals v EUIPO – AxiCorp (AXICORP ALLIANCE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark AXICORP ALLIANCE — Earlier EU word and figurative marks ALLIANCE — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47(2) of Regulation 2017/1001 — Interpretation of the description of the goods reproduced in the alphabetical list accompanying the Nice Classification
Language of the case: English
Case T-778/17 Autostrada Wielkopolska v Commission
State aid — Toll-motorway concession — Law providing for an exemption from tolls for certain vehicles — Compensation granted to the concession holder by the Member State for loss of revenue — Shadow toll — Decision declaring aid incompatible with the internal market and ordering its recovery — Procedural rights of the interested parties — Commission’s obligation to exercise particular vigilance — Concept of State aid — Advantage — Improvement of the concessionaire’s expected financial situation — Criterion of the private operator in a market economy — Article 107(3)(a) TFEU — Regional State aid
Language of the case: English
Case T-310/18 EPSU and Goudriaan v Commission
Social policy — Dialogue between the social partners at EU level — Agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’ — Joint request of the signatory parties seeking the implementation of that agreement at EU level — Refusal by the Commission to submit a proposal for a decision to the Council — Action for annulment — Challengeable act — Admissibility — Commission’s discretion — Autonomy of the social partners — Principle of subsidiarity — Proportionality
Language of the case: English
Case T-417/18 CdT v EUIPO
Language of the case: French
Case T-498/18 ZPC Flis v EUIPO – Aldi Einkauf (Happy Moreno choco)
EU trade mark — Opposition proceedings — Application for EU figurative mark Happy Moreno choco — Earlier national figurative marks MORENO — 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) — Substitution of the list of goods covered by the earlier national figurative marks — Rectification of the decision of the Board of Appeal — Article 102(1) of Regulation 2017/1001 — Legal basis — Previous decision-making practice — Legal certainty — Legitimate expectations
Language of the case: English
Information (on unpublished decisions)
Case T-542/19 R FV v Council
Interim relief — Civil service — Officials — Placing on leave and retirement in the interests of the service– Article 42c of the Staff Regulations — Application for a suspension of operation of a measure — No urgency
Case T-805/17 BASF v ECHA
REACH — Article 11 of Regulation (EC) No 1907/2006 — Article 3(3) of Implementing Regulation (EU) 2016/9 — Requirement for joint submission of data — Joint submission with possibility of a complete opt-out — Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance — Failure to reach an agreement — Dispute resolution mechanism applied by analogy — Decision granting access to a joint submission — Legal basis — Broad discretion of ECHA — Manifest error of assessment — Obligation to state reasons — Legal certainty
Case T-806/17 BASF and REACH & colours v ECHA
REACH — Article 11 of Regulation (EC) No 1907/2006 — Article 3(3) of Implementing Regulation (EU) 2016/9 — Requirement for joint submission of data — Joint submission with possibility of a complete opt-out — Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance — Failure to reach an agreement — Dispute resolution mechanism applied by analogy — Decision granting access to a joint submission — Legal basis — Broad discretion of ECHA — Manifest error of assessment — Obligation to state reasons — Legal certainty
Case T-491/18 Vafo Praha v EUIPO – Rutzinger-Kurpas (Meatlove)
EU trade mark — Opposition proceedings — Application for the EU word mark Meatlove — Earlier EU word mark carnilove — 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)
Case T-500/18 Puma v EUIPO – Destilerias MG (MG PUMA)
EU trade mark — Opposition proceedings — Application for the EU word mark MG PUMA — Earlier EU word mark GINMG — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-533/18 Wanda Films and Wanda Visión v EUIPO – Dalian Wanda Group (WANDA FILMS)
EU trade mark — Opposition proceedings — Application for EU word mark WANDA FILMS — Earlier EU word mark WANDA — Relative ground for refusal — Restriction of the application for registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-542/18 Wanda Films and Wanda Visión v EUIPO – Dalian Wanda Group (wanda films)
EU trade mark — Opposition proceedings — Application for EU figurative mark wanda films — Earlier EU word mark WANDA — Relative ground for refusal — Restriction of the application for registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-666/18 6Minutes Media v EUIPO – ad pepper media International (ad pepper)
Case T-668/18 6Minutes Media v EUIPO – ad pepper media International (ADPepper)
EU trade mark — Revocation proceedings — Word mark ADPepper — Genuine use of the trade mark — Article 18(1)(a) and Article 58(1)(a) and Article 95(2) of Regulation (EU) 2017/1001 — Form differing in elements which do not alter the distinctive character
Case T-686/18 LegalCareers v EUIPO (LEGALCAREERS)
EU trade mark — Application for the EU figurative mark LEGALCAREERS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EU) 2017/1001 — Article 7(1)(b) of Regulation 2017/1001 — Obligation to state reasons
Joined Cases T-102/19 and T-132/19 Garriga Polledo and Others v Parliament
Action for annulment — Institutional law — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the additional voluntary pension scheme — Regulatory act — Implementing measures — Lack of individual concern — Inadmissibility
Case T-713/18 Esim Chemicals v EUIPO – Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals)
EU trade mark — Opposition proceedings — Application for EU word mark ESIM Chemicals — Earlier national word mark ESKIM — Relative ground for refusal — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed — Action manifestly lacking any foundation in law
Case T-335/17 Help - Hilfe zur Selbsthilfe v Commission
Arbitration clause — Food security programme for very food insecure farming households in Zimbabwe (ECHO/ZWE/BUD/2009/02002) — Reclassification of the action — Audit reports — Audit report of the Court of Auditors — OLAF Report — Reimbursement of the sums paid — Proportionality — Legitimate expectations
Case T-372/18 Colombani v EEAS
Civil service — Officials — Promotion — 2017 promotion year — Decision not to promote the applicant to Grade AD 14 — Article 43 and Article 45(1) of the Staff Regulations — Consideration of comparative merits — Taking into account staff reports for the purpose of promotion — Purely literal assessments — No method enabling staff reports to be compared for the purpose of promotion
Case T-428/18 McDreams Hotel v EUIPO – McDonald's International Property (mc dreams hotels Träumen zum kleinen Preis!)
EU trade mark — Opposition proceedings — Application for EU figurative mark mc dreams hotels Träumen zum kleinen Preis! — Earlier EU word mark McDONALD’S — Article 8(5) of Regulation (EU) 2017/1001 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark
Case T-453/18 Biasotto v EUIPO – Oofos (OOF)
EU trade mark — Opposition proceedings — Application for EU figurative mark OOF — Earlier EU word mark OOFOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-454/18 Biasotto v EUIPO – Oofos (OO)
EU trade mark — Opposition proceedings — Application for EU figurative mark OO — Earlier EU figurative mark OO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-536/18 Société des produits Nestlé v EUIPO – European Food (FITNESS)
EU trade mark — Invalidity proceedings — EU word mark FITNESS — Absolute grounds for refusal — Decision taken following the annulment of an earlier decision by the General Court — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Production of evidence for the first time before the Board of Appeal
Case T-599/18 Aeris Invest v SRB
Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex-post definitive valuation of Banco Popular Español — Act not open to challenge — Inadmissibility
Case T-632/18 ZM and Others v Council
Civil service — Officials — Members of the temporary staff — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations
Case T-700/18 Kalypso Media Group v EUIPO – Wizards of the Coast (DUNGEONS)
EU trade mark — Opposition proceedings — Application for EU word mark DUNGEONS — Earlier EU word mark DUNGEONS & DRAGONS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-2/19 Algebris (UK) and Anchorage Capital Group v SRB
Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex post definitive valuation of Banco Popular Español — Lack of direct concern — Inadmissibility
Case T-434/18 Vans v EUIPO (ULTRARANGE)
Case T-582/18 Boxer Barcelona v EUIPO – X-Technology Swiss (XBOXER BARCELONA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark XBOXER BARCELONA — Earlier EU figurative mark representing the letter ‘x’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Evidence — Article 18(1)(a) of Regulation 2017/1001 — Article 47(2) of Regulation 2017/1001 — Restriction of the application for registration before the Board of Appeal — Article 49(1) of Regulation 2017/1001
Case T-684/18 ZV v Commission
Case T-628/18 E.I. Papadopoulos v EUIPO – Europastry (fripan VIENNOISERIE CAPRICE Pur Beurre)
EU trade mark — Opposition proceedings — Application for European Union figurative mark fripan VIENNOISERIE CAPRICE Pur Beurre — Earlier EU figurative mark Caprice — 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)
Case T-10/19 United States Seafoods v EUIPO (UNITED STATES SEAFOODS)
EU trade mark — International registration designating the European Union — Figurative mark UNITED STATES SEAFOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-145/19 Jap Energéticas y Medioambientales v Commission
Case T-71/19 BMC v Commission and Clean Sky 2 Joint Undertaking
Action for annulment — Research and technological development and space — (Horizon 2020) - the Framework Programme for Research and Innovation (2014-2020) — Procedure for call for proposals H2020-CS 2 -CFP08-FRC‑2018-01 — Development of a suction and protection against icing system for the engine of helicopters with rotor blades — Rejection of the proposal submitted by the applicant — Identification of the defendant — Partial inadmissibility
Case T-108/18 Universität Koblenz-Landau v Commission and EACEA
Action for annulment — Arbitration clause — Mesure Tempus IV — Grant agreements — Identification of the defendant — Partial inadmissibility
Case T-383/19 R Walker and Others v Parliament and Council
Case T-332/17 E-Control v ACER
Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence
Case T-333/17 Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER
Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence
Case T-557/17 Liaño Reig v SRB
Case T-601/17 Rubik's Brand v EUIPO – Simba Toys (Shape of a cube with surfaces having a grid structure)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001)
Case T-58/18 Mahr v EUIPO – Especialidades Vira (Xocolat)
EU trade mark — Opposition proceedings — Application for EU word mark Xocolat — Earlier EU word mark LUXOCOLAT — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Reasoned statement in the notice of opposition — Rule 15(3)(b) of Regulation (EC) No 2868/95 (now Article 2(4) of Delegated Regulation (EU) 2018/625)
Case T-559/18 Atos Medical v EUIPO – Andreas Fahl Medizintechnik- Vertrieb (Patchs médicaux)
Community design — Invalidity proceedings — Registered Community design representing a medical plaster — Disclosure of the earlier designs — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-560/18 Atos Medical v EUIPO – Andreas Fahl Medizintechnik- Vertrieb (Patchs médicaux)
Community design — Invalidity proceedings — Registered Community design representing a medical plaster — Disclosure of the earlier designs — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-708/18 ZPC Flis v EUIPO – Aldi Einkauf (FLIS Happy Moreno choco)
EU trade mark — Opposition proceedings — Application for EU figurative mark FLIS Happy Moreno choco — Earlier national figurative marks MORENO — 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) — Substitution of the list of goods covered by the earlier national figurative marks — Rectification of the decision of the Board of Appeal — Article 102(1) of Regulation 2017/1001 — Legal basis — Previous decision-making practice — Legal certainty — Legitimate expectations
Case T-41/19 MSI Svetovanje v EUIPO – Industrial Farmaceutica Cantabria (nume)
EU trade mark — Opposition proceedings — Application for the EU figurative mark nume — Earlier EU word mark numederm — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-188/19 United Kingdom v Commission
Action for annulment — Research and technological development and space — Seventh framework programme of the Union — Audit — Failure to fill out work timesheets — Personnel costs declared ineligible — Decision of the Commission to adopt the audit report as final — Inadmissibility
November 2019
Case T-48/17 ADDE v Parliament
Law governing the institutions — European Parliament — Decision declaring certain expenditure of a political party ineligible for the purposes of a grant for 2015 — Decision awarding a grant for 2017 and making provision for pre-financing at the rate of 33% of the maximum grant amount and an obligation to provide a bank guarantee — Obligation of impartiality — Rights of the defence — Financial Regulation — Rules of application of the Financial Regulation — Regulation (EC) No 2004/2003 — Proportionality — Equal treatment
Language of the case: English
Case T-380/18 Intas Pharmaceuticals v EUIPO – Laboratorios Indas (INTAS)
EU trade mark — Opposition proceedings — Application for the EU word mark INTAS — Earlier EU and national figurative trade marks including the word element ‘indas’ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs and of the goods — Article 8(1)(b) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47 of Regulation 2017/1001
Language of the case: English
Case T-502/16 Missir Mamachi di Lusignano and Others v Commission
Civil service — Officials — Murder of an official and his wife — Obligation to ensure the safety of staff in the service of the European Union — Liability of the institution for non-material damage suffered by the family members of a deceased official — Mother, brother and sister of the official — Action for damages — Admissibility — Standing to bring proceedings under Article 270 TFEU — Person covered by the Staff Regulations — Reasonable period of time
Language of the case: Italian
Case T-31/18 Izuzquiza and Semsrott v Frontex
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a naval operation carried out by Frontex in the central Mediterranean in 2017 — Vessels deployed — Refusal of access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in the field of public security
Language of the case: English
Case T-323/16 Banco Cooperativo Español v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the 2016 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for adoption of the decision
Language of the case: Spanish
Case T-365/16 Portigon v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) — Decision of the SRB on 2016 ex-ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for the adoption of the decision – Obligation to state reasons
Language of the case: German
Joined Cases T-377/16, T-645/16 and T-809/16 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on 2016 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for the adoption of the decision – Obligation to state reasons – Limitation in time of the effects of the judgment
Language of the case: German
Case T-592/18 Wywiał-Prząda v Commission
Civil service – Contract staff – Remuneration – Decision refusing to grant expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Work done for another State – Diplomatic status – Five-year reference period
Language of the case: French
Information (on unpublished decisions)
Case T-361/18 APEDA v EUIPO – Burraq Travel & Tours General Tourism Office (SIR BASMATI RICE)
EU trade mark — Invalidity proceedings — EU figurative mark SIR BASMATI RICE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-240/17 Campine and Campine Recycling v Commission
Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Fines — Value of purchases — Point 37 of the Guidelines on the method of setting fines — Obligation to state reasons — Rights of the defence — Evidence of the infringement — Concept of single or repeated infringement — Duration of the infringement — Interruption of participation in the infringement – Restriction of competition by object — Mitigating circumstances — Unlimited jurisdiction
Case T-431/18 WN v Parliament
Civil service — Accredited parliamentary assistants — Early termination of the contract — Breakdown in the relationship of trust — Rights of defence — Conciliation procedure — Manifest error of assessment — Discrimination on grounds of sex — Maternity leave — Duty to have regard for the welfare of officials
Case T-568/18 Local-e-motion v EUIPO – Volkswagen (WE)
Case T-240/19 A9.com v EUIPO (Representation of a bell)
EU trade mark — Application for an EU figurative mark representing a bell — Absolute ground for refusal — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001
Case T-317/19 R AMVAC Netherlands v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance ethoprophos — Conditions for approval for placing the substance on the market — Application for suspension of operation — Lack of urgency
Case T-525/19 RII Intering and Others v Commission
Interim measures — Programme entitled ‘EU Support to clean air in Kosovo’ — Tendering procedure EuropeAid/140043/DH/WKS/XK — Decision rejecting the suspension of operation of the decision to exclude an applicant from the further tendering procedure — New application for interim measures — Article 159 of the Rules of Procedure — Inadmissibility
Case T-158/19 Breyer v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the research project ‘iBorderCtrl: Intelligent Portable Control System’ — Partial refusal to grant access — Plea of inadmissibility — Incorrect designation of the defendant — Correction of the application — No need to adjudicate
Case T-669/18 Neoperl v EUIPO (Representation of four filled-in holes in a regular hole pattern)
Case T-149/19 Société des produits Nestlé v EUIPO – Jumbo Africa (Representation of a human figure on an escutcheon)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing the shape of a human figure on an escutcheon — EU figurative mark representing the shape of a human figure — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Power to alter decisions
Case T-181/19 Dickmanns v EUIPO
Civil Service — Members of the temporary staff — Fixed-term contract with a termination clause — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of a competition — Purely confirmatory act — Time limit for complaints — Inadmissibility
Case T-695/18 Werner v EUIPO – Merck (fLORAMED)
Case T-101/19 Rezon v EUIPO (imot.bg)
Case T-241/18 Bruno v Commission
Case T-527/18 K.A. Schmersal Holding v EUIPO – Tecnium (tec.nicum)
EU trade mark — Opposition proceedings — Application for EU figurative mark tec.nicum — Earlier national figurative mark TECNIUM — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation 2017/1001 — Form differing in elements which do not alter the distinctive character — Evidence submitted for the first time before the General Court
Case T-618/18 ZI v Commission
Civil service — Officials — Cover by the Joint Sickness Insurance Scheme — Affiliation of the official’s spouse — No interest in bringing proceedings — Inadmissibility
Case T-287/16 RENV Belgium v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Belgium — Export refunds — No recovery resulting from negligence attributable to a body of a Member State — Non-exhaustion of all possible remedies — Proportionality
Case T-711/18 Wyld v EUIPO – Kaufland Warenhandel (wyld)
EU trade mark — Opposition proceedings — Application for EU word mark wyld — Earlier international word mark WILD CRISP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Rejection in part of the application for registration
Case T-642/18 August Wolff v EUIPO – Faes Farma (DermoFaes Atopimed)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopimed — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-643/18 August Wolff v EUIPO – Faes Farma (DermoFaes)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-644/18 August Wolff v EUIPO – Faes Farma (DermoFaes Atopiderm)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopiderm — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-665/18 Soundio v EUIPO – Telefónica Germany (Vibble)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Vibble — Earlier German word mark vybe — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-667/18 Pinto Teixeira v EEAS
Civil service — Rights and obligations of officials — Declaration of intention to engage in an occupational activity after leaving the service — Article 16 of the Staff Regulations — Risk of incompatibility with the legitimate interests of the institution — Deadline for responding to the declaration of intention — Implicit acceptance — Prohibition on engaging in an occupational activity after leaving the service — Non-material damage
Case T-726/18 Mélin v Parliament
Law governing the institutions — Rules governing expenses and allowances payable to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Obligation to state reasons — Failure to provide the annex to the decision ordering recovery
Case T-736/18 Runnebaum Invest v EUIPO – Berg Toys Beheer (Bergsteiger)
EU trade mark — Opposition proceedings — Application for the EU word mark Bergsteiger — Earlier Benelux word marks and EU figurative and word marks BERG — Relative ground for refusal — Article 47(1) and (2) of Regulation (EU) 2017/1001 — Admissibility of a request for proof of genuine use — No likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
December 2019
Case T-607/15 Yieh United Steel v Commission
Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(3) and (5) of Regulation (EC) No 1225/2009 (now Article 2(3) and (5) of Regulation (EU) 2016/1036) — Article 2(1) and (2) of Regulation No 1225/2009 (now Article 2(1) and (2) of Regulation 2016/1036) — Calculation of the normal value — Calculation of the production cost — Sales of the like product intended for consumption on the domestic market of the exporting country
Language of the case: English
Case T-808/17 Pethke v EUIPO
Civil service — Officials — Appraisal report — Lawfulness of appraisal procedures and appraisal appeal procedures — Requirement for the appeal assessor to be impartial
Language of the case: German
Case T-66/19 Vlaamse Gemeenschap and Vlaams Gewest v Parliament and Council
Action for annulment — Internal market — Fundamental freedoms — Regulation (EU) 2018/1724 — Establishment of a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services — Sub-national authority — Standing to bring proceedings — Individual concern — Inadmissibility
Language of the case: Dutch
Case T-527/16 Tàpias v Council
Civil service — Reform of the Staff Regulations and of the CEOS which entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of the application of the method for updating remuneration for 2013 and 2014
Language of the case: French
Case T-683/18 Conte v EUIPO (CANNABIS STORE AMSTERDAM)
EU trade mark — Application for EU figurative mark CANNABIS STORE AMSTERDAM — Absolute ground for refusal — Trade mark contrary to public policy — Article 7(1)(f) of Regulation (EU) 2017/1001 — Article 7(2) of Regulation 2017/1001
Language of the case: Italian
Case T-67/18 Probelte v Commission
Plant protection products — Active substance 8‑hydroxyquinoline — Request for amendment of the conditions of approval — Procedure for harmonised classification and labelling — Right to be heard — Legitimate expectations — Manifest error of assessment
Language of the case: English
Case T-211/18 Vanda Pharmaceuticals v Commission
Medicinal products for human use — Application for marketing authorisation for the medicinal product Fanaptum — iloperidone — Commission refusal decision — Regulation (EC) No 726/2004 — Scientific evaluation of the risks and benefits of a medicinal product — Obligation to state reasons — Manifest error of assessment — Proportionality — Equal treatment
Language of the case: English
Case T-501/18 Currency One v EUIPO – Cinkciarz.pl (CINKCIARZ)
EU trade mark – Invalidity proceedings – EU word mark CINKCIARZ – Absolute grounds for refusal – Distinctive character – No descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Pejorative term relating to the goods or services at issue
Language of the case: Polish
Case T-504/18 XG v Commission
Staff of a private company providing IT services within the institution – Refusal to grant access to the Commission’s premises – Competence of the author of the act
Language of the case: French
Case T-509/18 Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Applicable time periods between multiple visits by the national control authorities – Announcement of on-the-spot checks – Implied notice – Articles 25 and 26 of Implementing Regulation (EU) No 809/2014 – Flat-rate financial correction
Language of the case: Czech
Case T-690/18 Sony Interactive Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark — Revocation proceedings — EU word mark Vita — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata
Language of the case: English
Information (on unpublished decisions)
Case T-658/18 Hästens Sängar v EUIPO (Representation a chequered gingham pattern)
EU trade mark — International registration designating the European Union — Figurative mark representing a chequered gingham pattern — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-524/18 Billa v EUIPO – Boardriders IP Holdings (Billa)
EU trade mark — Opposition proceedings — Application for the EU word mark Billa — Earlier EU word marks BILLABONG — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Comparison of the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-29/19 Idea Groupe v EUIPO – The Logistical Approach (Idealogistic Verhoeven Greatest care in getting it there)
EU trade mark — Opposition proceedings — Application for EU figurative mark Idealogistic Verhoeven Greatest care in getting it there — Earlier national word marks idéa logistique, IDEA and groupe idea — Earlier national figurative mark iDÉA — International registrations designating the European Union — Earlier figurative mark iDÉA and earlier word mark IDEA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation 2017/1001
Case T-319/19 Gollnisch v Parliament
Action for annulment — Institutional law — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the voluntary additional pension scheme — Regulatory act — Deadline for bringing an action — Out of time — Act not open to challenge — Disregard of the procedural requirements — Inadmissibility
Case T-528/16 OS v Commission
Civil Service — Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of application of the method for updating remuneration for 2013 and 2014
Case T-529/16 Feral v Comittee of the Regions
Civil Service — Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of application of the method for updating remuneration for 2013 and 2014
Case T-648/18 Super bock group v EUIPO – Agus (Crystal)
EU trade mark — Opposition proceedings — Application for the EU word mark Crystal — Earlier national word mark CRISTAL — Relative ground for refusal — No similarity between the goods — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-692/18 Montanari v EEAS
Access to documents — Regulation (EC) No 1049/2001 — Ad hoc inspection report — Refusal of access — Article 4(1)(b) of Regulation No 1049/2001 — Exception relating to the protection of the privacy and integrity of the individual — Regulation (EC) No 45/2001 — Article 8(b) of Regulation No 45/2001 — Transfer of personal data — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the protection of the purpose of investigations — Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — Obligation to state reasons
Case T-747/18 Refan Bulgaria v EUIPO (Shape of a flower)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a flower — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Rights of the defence — Obligation to state reasons
Case T-255/19 Baustoffwerke Gebhart & Söhne v EUIPO (BIOTON)
EU trade mark — Application for EU word mark BIOTON — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001
Case T-266/19 gastivo portal v EUIPO – La Fourchette (Depiction of a fork on a green background)
EU trade mark — Opposition proceedings — Application for EU figurative mark depicting a fork on a green background — Earlier EU figurative mark gastivo — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-267/19 gastivo portal v EUIPO – La Fourchette (Depiction of a fork on a green background)
EU trade mark — Opposition proceedings — Application for EU figurative mark depicting a fork on a green background — Earlier EU figurative mark gastivo — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-619/19 R KF v SatCen
Decision to launch administrative investigation — Application for suspension of a decision — Application for interim measures — Inadmissibility — No urgency
Case T-654/19 R FF v Commission
Interim relief — Law governing the institutions — Liability of the European Union — Photograph of a man used as a health warning — Action for damages — Application for interim measures — Necessity — Inadmissibility
Case T-394/18 Kipper v Commission
Independent service provider for the Commission (free-lance) — Application for social benefits granted to officials in category B — Lack of jurisdiction
Case T-21/18 Poland v Commission
EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetable sectors — Aid to producer groups — Expenditure incurred by Poland — Deficiencies in key and secondary controls — Verification of recognition plans and recognition criteria — Checks on applications for aid — Eligibility of producer groups — Economic consistency — Necessity and eligibility for financing — Reasonableness of the expenditure — Systemic deficiencies — Risk to EAGF — Corrective measures — Flat-rate corrections of 25%
Case T-756/18 AG v Europol
Action for annulment — Civil service — Decision (EU) 2015/1889 on the dissolution of the Europol pension fund — Failure to follow the pre-litigation procedure — Inadmissibility
Case T-210/19 Società Agricola Tenuta di Rimale and Others v Commission
Action for annulment — Common agricultural policy — Binding rules relating to the regulation of the supply of cheese benefiting from a protected designation of origin — Refusal of the application for the adoption of implementing acts — Act not open to challenge — Inadmissibility
Case T-624/18 Gres de Aragón v EUIPO (GRES ARAGÓN)
EU trade mark — Application for the EU figurative mark GRES ARAGÓN — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — No descriptive character — Article 7(1)(c) of Regulation 2017/1001 — Obligation to state reasons — Error of law
Case T-763/18 Lazarus Szolgáltató és Kereskedelmi v Commission
Action for annulment — State aid — Allegedly unlawful aid implemented by Hungary in favour of undertakings employing disabled workers — Alleged Commission decisions declaring the aid measure compatible with the internal market — Time limit for bringing an action — Point from which time starts to run — Knowledge acquired — Proof — Duty of diligence — Act not open to challenge — Inadmissibility
Case T-812/14 RENV BPC Lux 2 and Others v Commission
State aid — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo — Creation and capitalisation of a bridge bank — Decision declaring the aid compatible with the internal market — Lack of standing — Inadmissibility
Case T-14/18 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Decoupled direct aid — Flat-rate financial correction — Article 52 of Regulation (EU) No 1306/2013 — Article 12 of Delegated Regulation (EU) No 907/2014 — Obligation to state reasons — Assessment of the damage — Proportionality
Case T-22/18 Bulgaria v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Bulgaria — Rural development — Quality of on-the-spot checks — Review of eligibility and selection criteria — Financial corrections — Ex post controls — Method for calculating financial corrections — Recurrence — Corrective measures — Conformity clearance procedure — Legal certainty — Principle of sound financial management — Proportionality
Case T-100/18 Wehrheim v ECB
Civil service — ECB staff — Remuneration — Expatriation allowance — Discontinuation — Liability — Material and non-material harm — Service-related fault
Case T-295/18 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — Rural development — Decoupled direct aid — Key controls — Flat-rate financial corrections
Case T-383/18 Sta*Ware EDV Beratung v EUIPO – Accelerate IT Consulting (businessNavi)
EU trade mark — Revocation proceedings — EU figurative mark businessNavi — Genuine use of the mark — Partial revocation — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001)
Case T-457/18 Zotkov v Commission
Civil Service — Contractual agents — Remuneration — Family benefits — Request to treat a person as a dependent child — Conditions of grant — Factors to take into account in the calculation of maintenance expenditure — Error in law
Case T-589/18 Vins el Cep v EUIPO – Rotkäppchen-Mumm Sektkellereien (MIM NATURA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark MIM NATURA — Earlier international word and figurative registrations MM and MM and earlier national word mark MUMM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-647/18 ZQ v Commission
Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Request for assistance — Article 24 of the Staff Regulations — Rejection of the request — Reasonable time — Absence of prima facie evidence — Obligation to state reasons — Liability
Case T-729/18 El Corte Inglés v EUIPO – Lloyd Shoes (LLOYD)
EU trade mark — Opposition proceedings — Application for the EU figurative mark LLOYD — Earlier EU figurative mark LLOYD’S — Relative ground for refusal — No likelihood of confusion — No similarity between the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-743/18 Japan Tobacco v EUIPO – I.J. Tobacco Industry (I.J. TOBACCO INDUSTRY)
EU trade mark — Opposition proceedings — Application for the EU figurative mark I.J. TOBACCO INDUSTRY — Earlier EU figurative mark JTi — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-28/19 Karlovarské minerální vody v EUIPO – Aguas de San Martín de Veri (VERITEA)
EU trade mark — Opposition proceedings — Application for the EU word mark VERITEA — Earlier EU word mark VERI — AGUA PURA DEL PIRINEO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons
Case T-40/19 Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect)
EU trade mark — Opposition proceedings — Application for the EU figurative mark THE ONLY ONE by alphaspirit wild and perfect — Earlier EU word mark ONE — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 8(5) of Regulation 2017/1001
Case T-54/19 Nosio v EUIPO (BIANCOFINO)
EU trade mark — Application for EU word mark BIANCOFINO — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001
Case T-69/19 Südwestdeutsche Salzwerke v EUIPO (Bad Reichenhaller Alpensaline)
EU trade mark — Application for EU figurative mark Bad Reichenhaller Alpensaline — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-175/19 Vereinigung der Bayerischen Wirtschaft v EUIPO (eVoter)
EU trade mark — Application for EU word mark eVoter — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-270/19 Amazon Technologies v EUIPO (ring)
EU trade mark — International registration designating the European Union — Figurative mark ring — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-360/19 Jalkh v Parliament
Action for annulment — Institutional law — European Parliament legislative resolution — Act not open to challenge — Preparatory act — Inadmissibility
Case T-154/19 ZU v EEAS
Action for annulment — Civil service — Officials — Mission expenses — Act not open to challenge — Act not adversely affecting an official — Irregular nature of the pre-litigation procedure — Premature action — Inadmissibility
Case T-297/19 Dragomir v Commission
Non-contractual liability — Rule of law — Independence of the judiciary — Right to a fair trial — Protection of personal data — Failure by the Commission to adopt measures to ensure that Romania fulfils its obligations — Sufficiently serious breach of a rule of law conferring rights on individuals — Action manifestly lacking any foundation in law
January 2020
Case T-257/18 Iberpotash v Commission
State aid — Mining sector — Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection — Decision declaring aid partly incompatible with the internal market and ordering its recovery — Concept of ‘aid’ — Advantage — Transfer of State resources — Selective nature — Legitimate expectations — Legal certainty — Calculation of the amount of the aid
Language of the case: English
Case T-751/18 Daimler v Commission
Action for annulment — Withdrawal of certified CO2 savings — Eco-innovations scheme — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Act not open to challenge — Preparatory measure — Inadmissibility
Language of the case: German
Case T-402/18 Aquino and Others v Parliament
Civil service – Strike action by interpreters – Measures for the requisition of interpreters adopted by the European Parliament – No legal basis – Liability – Non-material damage
Language of the case: French
Case T-292/18 Portugal v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Portugal – Articles 32 and 33 of Regulation (EC) No 1290/2005 – Article 54 of Regulation (EU) No 1306/2013 – Concept of ‘national court’
Language of the case: Portuguese
Case T-293/18 Latvia v Commission
Action for annulment — Common fisheries policy — Treaty of Paris on the archipelago of Spitsbergen (Norway) — Fishing opportunities for snow crab around the area of Svalbard (Norway) — Regulation (EU) 2017/127 — EU‑registered vessels authorised to fish — Detention of a Latvian vessel — Article 265 TFEU — Invitation to act — Adoption of a position by the Commission — Measure not producing binding legal effects — Inadmissibility
Language of the case: Latvian
Case T-598/18 Grupo Textil Brownie v EUIPO – The Guide Association (BROWNIE)
EU trade mark — Opposition proceedings — Application for EU word mark BROWNIE — Earlier national word marks BROWNIES, BROWNIE, Brownies and Brownie — 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) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Language of the case: English
Information (on unpublished decisions)
Case T-128/19 Hemp Foods Australia v EUIPO – Cabrejos (Sativa)
Action for annulment — EU trade mark — International registration designating the European Union — No recording of the change in ownership in the international register — No locus standi — Inadmissibility
Case T-161/19 Deutsche Telekom v Parliament and Council
Action for annulment — Internal market for electronic communications — Retail price charged to consumers for regulated intra-EU communications — Regulation (EU) 2018/1971 — Legislative act — Applicant not individually concerned — Inadmissibility
Case T-162/19 Telefónica and Telefónica de España v Parliament and Council
Action for annulment — Internal market for electronic communications — Retail price charged to consumers for regulated intra-EU communications — Regulation (EU) 2018/1971 — Legislative act — Applicants not individually concerned — Inadmissibility
Case T-19/18 Lithuania v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Lithuania — One-off and flat-rate financial corrections — Rural development — Cross-compliance control system — Administrative control — On-the-spot check — Quality of the checks — Quality of the applicants — Artificial conditions — Reasonableness of the costs — Expenditure incurred through projects — Risk analysis — Risk factors — Tolerance regarding penalties which is not provided for under EU legislation — Assessment and penalty system which is too lenient — Annual statistical control data
Case T-388/18 WV v EEAS
Action for annulment — Civil service — Officials — Article 24 of the Staff Regulations — Request for assistance — Rejection of request — Article 90(1) and (2) of the Staff Regulations — Out of time — Excusable error — Inadmissible
Case T-471/18 WV v EEAS
Action for annulment — Civil service — Civil servants — Salary deductions — Unauthorised absences — Article 76(d) of the Rules of Procedure — Failure to comply with formal requirements — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-697/18 Aldi v EUIPO – Titlbach (ALTISPORT)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALTISPORT — Earlier international and EU word marks ALDI — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001 — Comparison of the goods and services — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001
Case T-42/19 Volkswagen v EUIPO (CROSS)
EU trade mark — Application for EU word mark CROSS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Equal treatment — Obligation to state reasons — Article 94(1)of Regulation 2017/1001
Case T-43/19 WV v EEAS
Action for compensation — Civil service — Civil servants — Out of time — Inadmissibility
Case T-239/19 Vinos de Arganza v EUIPO – Nordbrand Nordhausen (ENCANTO)
EU trade mark — Opposition proceedings — Application for EU figurative mark ENCANTO — Earlier national word mark BELCANTO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-541/19 Shindler and Others v Council
Action for failure to act — Law governing the institutions — Withdrawal of the United Kingdom from the European Union — UK citizens residing in another EU Member State — 2019 European elections — Application for postponement of the European elections — Lack of standing to bring proceedings — Inadmissibility
Case T-808/19 R Silgan International and Silgan Closures v Commission
Interim measures — Competition — Request for information — Article 18(3) of Regulation (EC) No 1/2003 — Application for suspension of operation — No urgency
Joined Cases T-786/16 and T-224/18 PV v Commission
Civil service — Civil servants — Psychological harassment — Bundle of decisions adopted by the Commission adversely affecting the applicant — Applications for assistance — Disciplinary procedure — Revocation — Withdrawal of the revocation — New disciplinary procedure — Fresh revocation
Case T-168/17 CBA Spielapparate- und Restaurantbetrieb v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality
Case T-336/19 BZ v Commission
Civil service — Contract staff — Dismissal for obviously inadequate work — Proportionality — Article 84 of the Conditions of Employment of Other Servants — Liability
Case T-559/19 Julius Sämann v EUIPO – Maharishi Vedic University (Representation of a tree)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a tree — Earlier EU and international figurative marks representing an ‘arbre magique’ (magic tree) — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — No damage to reputation — Article 8(5) of Regulation 2017/1001
Case T-6/19 Irish Wind Farmers' Association and Others v Commission
Action for annulment — State aid — Tax advantages granted by Ireland to fossil fuel producers — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-627/19 R Shindler and Others v Commission
Interim measures — Area of freedom, security and justice — Withdrawal of the United Kingdom from the European Union — UK citizens residing in another EU Member State — Loss of EU citizenship — Action for failure to act — Inadmissibility of the application for interim measures
February 2020
Case T-573/18 Hickies v EUIPO (Shape of a shoe lace)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court
Language of the case: English
Case T-485/18 Compañía de Tranvías de la Coruña v Commission
Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the interpretation of a provision of EU law — Documents originating from a third party — Documents originating from a Member State — Regulation (EC) No 1370/2007 — Partial refusal to grant access — Total refusal to grant access — Obligation to state reasons — Exception relating to the protection of court proceedings — Overriding public interest
Language of the case: English
Case T-163/18 Amisi Kumba v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality
Language of the case: French
Case T-170/18 Kande Mupompa v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality — Modification of the form of order sought
Language of the case: French
Case T-605/18 ZF v Commission
Civil service – Members of the temporary staff – Pension – Decision determining pension rights – Pension statements – Action for annulment – Time limit for lodging a complaint – Delay – Purely confirmatory act – Partial inadmissibility – Recovery of undue payments – Classification in grade and step – Multiplication factor – Withdrawal of an unlawful act – Legitimate expectation – Reasonable time
Language of the case: French
Information (on unpublished decisions)
Case T-44/19 Globalia Corporación Empresarial v EUIPO – Touring Club Italiano (TC Touring Club)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TC Touring Club — Earlier EU word mark TOURING CLUB ITALIANO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) of Regulation 2017/1001 — Additional evidence that was submitted for the first time before the Board of Appeal — Article 95(2) of Regulation 2017/1001 — Cross-claim
Case T-331/19 Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-332/19 Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-135/19 Corporació Catalana de Mitjans Audiovisuals v EUIPO – Dalmat (LaTV3D)
EU trade mark — Opposition proceedings — Application for EU word mark LaTV3D — Earlier national word mark TV3 — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-214/19 Fleximed v EUIPO – docPrice (Fleximed)
EU trade mark — Invalidity proceedings — EU word mark Fleximed — Earlier EU word mark mediFLEX — Relative grounds for refusal — Likelihood of confusion — Article 8(1) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-797/19 R Anglo Austrian AAB Bank and Belegging-Maatschappij 'Far-East' v ECB
Interim measures — Regulation (EU) No 1024/2013 — Prudential supervision of credit institutions — Decision to withdraw authorisation as a credit institution — Lack of urgency
Case T-487/18 Stada Arzneimittel v EUIPO (ViruProtect)
EU trade mark — Application for EU word mark ViruProtect — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Duty to state reasons
Case T-732/18 Dalasa v EUIPO – Charité – Universitätsmedizin Berlin (charantea)
EU trade mark — Opposition proceedings — Application for EU word mark charantea — Earlier EU figurative mark CHARITÉ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-733/18 Dalasa v EUIPO – Charité – Universitätsmedizin Berlin (charantea)
EU trade mark — Opposition proceedings — Application for EU figurative mark charantea — Earlier EU figurative mark CHARITÉ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-262/19 Jakober v EUIPO (Shape of a cup)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Inadmissibility of the appeal before the Board of Appeal
Case T-164/18 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
Case T-165/18 Kahimbi Kasagwe v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality
Case T-166/18 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
Case T-167/18 Kanyama v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality
Case T-168/18 Numbi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
Case T-169/18 Kibelisa Ngambasai v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
Case T-171/18 Boshab v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
Case T-172/18 Akili Mundos v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union – First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
Case T-173/18 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
Case T-174/18 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
Case T-175/18 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
Case T-176/18 Mende Omalanga v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality – Modification of the forms of order sought
Case T-177/18 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
Case T-320/18 WD v EFSA
Civil service — Temporary agents — Fixed term contract — Decision not to reclassify — Lack of staff reports — Carrying forward reclassification points — Manifest error of assessment — Non-renewal decision — Duty of care — Manifest error of assessment — Misuse of power — Principle of the protection of legitimate expectations — Duty to state reasons — Right to a hearing — Liability
Case T-505/18 Hungary v Commission
EAGF and EAFRD — Expenditure excluded from financing — Support for rural development — Support granted to producer groups — Expenditure incurred by Hungary — Article 35 of Regulation (EC) No 1698/2005 — Qualified recognition — Eligibility of the beneficiary of the aid — Calculated financial correction — Article 52(2) of Regulation (EU) No 1306/2013 — Sincere cooperation — Protection of legitimate expectations — Proportionality — Legal certainty — Ineligible amounts
Case T-236/19 Le Comité de Douzelage de Houffalize v Commission and EACEA
Action for annulment – Europe for Citizens Programme (2014-2020) – Call for applications ‘Town Twinning 2017, second deadline’ (EACEA 36/2014) – Decision of the EACEA rejecting the applicant’s application for failure to meet the eligibility criteria – Commission’s decision rejecting the administrative action relating to the EACEA’s decision – Application submitted by a de facto association – Capacity to be party to legal proceedings – No evidence of legal existence – Inadmissibility
Case T-248/19 Bilde v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Manifest error of assessment — Electa una via — Principle of ne bis in idem — Misuse of powers
Case T-326/19 R Gerber v Parliament and Council
Interim measures — EU customs territory — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility
Case T-387/18 Delta-Sport v EUIPO – Delta Enterprise (DELTA SPORT)
EU trade mark — Opposition proceedings — Application for EU figurative mark DELTA SPORT — Earlier Spanish word mark COLCHON DELTA — Earlier EU figurative mark DELTA — Relative ground for refusal — Similarity of the goods — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-8/19 Repsol v EUIPO (INVENTEMOS EL FUTURO)
EU trade mark — Application for EU word mark INVENTEMOS EL FUTURO — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EU) 2017/1001
Case T-658/19 R Vizzone v Commission
Application for interim relief — Application for interim measures — Disregard of the procedural requirements — Manifest inadmissibility
Case T-159/19 Bog-Fran v EUIPO – Fabryki Mebli "Forte" (Furniture)
Community design — Invalidity proceedings — Registered Community design representing an item of furniture — Ground for invalidity — No individual character — Disclosure of the earlier design — Proof of disclosure — Article 7 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-202/19 Knaus Tabbert v EUIPO – Carado (CaraTour)
European Union trade mark — Opposition proceedings — Application for European Union word mark CaraTour — Earlier European Union word mark Carado — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-203/19 Knaus Tabbert v EUIPO – Carado (CaraTwo)
European Union trade mark — Opposition proceedings — Application for European Union word mark CaraTwo — Earlier European Union word mark Carado — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
March 2020
Joined Cases T-111/14 DEP to T-118/14 DEP Unitec Bio and Others v Council
Procedure — Taxation of costs — Recoverable costs
Language of the case: English
Case T-251/18 IFSUA v Council
Fisheries — Conservation of marine biological resources — Regulation (EU) 2018/120 — Measures concerning the fishing for European seabass (Dicentrarchus labrax) — Action for annulment brought by an association — Article 263 TFEU — Regulatory act not entailing implementing measures — Direct concern of the members of the association — Admissibility — Competence of the European Union to regulate recreational fisheries — Legal certainty — Protection of legitimate expectations — Equal treatment — Principle of non-discrimination — Proportionality — Precautionary principle — Freedom of association and freedom to conduct a business
Language of the case: Spanish
Case T-732/16 Valencia Club de Fútbol v Commission
State aid – Aid granted by Spain to certain professional football clubs – Guarantee – Decision declaring the aid to be incompatible with the internal market – Advantage – Firm in difficulty – Private investor test – Guidelines on State aid for rescuing and restructuring firms in difficulty – Amount of the aid – Recipient of the aid – Principle of non-discrimination – Duty to state reasons
Language of the case: Spanish
Case T-901/16 Elche Club de Fútbol v Commission
State aid — Aid granted by Spain in favour of certain professional football clubs — Guarantee — Decision declaring the aid incompatible with the internal market — Indirect beneficiary — Whether imputable to the State — Advantage — Private investor test
Language of the case: Spanish
Case T-835/17 Eurofer v Commission
Dumping – Imports of hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia, Serbia and Ukraine – Termination of the proceedings against imports originating in Serbia – Determination of injury – Cumulative assessment of the effects of imports from more than one country – Article 3(4) of Regulation (EU) 2016/1036 – Termination without measures – Article 9(2) of Regulation 2016/1036 – Final disclosure of the essential facts and considerations on the basis of which it is intended to recommend the imposition of definitive measures or the termination of an investigation or proceedings without the imposition of measures – Article 20(2) of Regulation 2016/1036
Language of the case: English
Case T-547/18 Teeäär v ECB
Civil service — ECB Staff — Programme of support for transition to a career outside the ECB — Rejection of an application to take part in that programme — Eligibility conditions — Different lengths of service required depending on whether a member of staff is in a single salary band or a salary broadband — Allocation to a salary band on the basis of the type of employment — Equal treatment — Proportionality — Manifest error of assessment
Language of the case: English
Case T-646/18 Bonnafous v Commission
Access to documents – Regulation (EC) No 1049/2001 – Audit report on human resources in the EACEA – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits
Language of the case: French
Information (on unpublished decisions)
Case T-24/20 R Junqueras i Vies v Parliament
Interim measures — Institutional law — Members of the Parliament — Expiry of mandate — Parliamentary immunity — Application for interim measures — Partial inadmissibility — No prima facie case
Case T-688/18 Exploitatiemaatschappij De Berghaaf v EUIPO – Brigade Electronics Group (CORNEREYE)
EU trade mark — Opposition proceedings — Application for EU word mark CORNEREYE — Earlier EU word mark BACKEYE — Relative ground for refusal — Likelihood of confusion — Enhanced distinctiveness of the earlier mark acquired through use — Evidence — Article 8(1)(b) of Regulation (EU) 2017/1001 — Examination of the facts by EUIPO of its own motion — Article 95(1) of Regulation 2017/1001
Case T-80/19 Dekoback v EUIPO – DecoPac (DECOPAC)
EU trade mark — Revocation proceedings — EU word mark DECOPAC — Genuine use of the mark — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) — Evidence — Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) — Right to be heard
Case T-795/19 R HB v Commission
Application for interim measures — Public service contracts — Irregularities in the contract award procedure — Recovery of sums already paid — Debit note — Application for suspension of operation — No urgency
Case T-796/19 R HB v Commission
Application for interim measures — Public service contracts — Irregularities in the contract award procedure — Recovery of sums already paid — Debit note — Application for suspension of operation — No urgency
Case T-612/19 R Aceto Agricultural Chemicals v Commission
Application for interim relief – Plant protection products – Non-renewal of approval of the active substance chlorpropham – Application for suspension of operation of a measure – No urgency
Case T-215/18 QB v ECB
Civil service – ECB staff – Appraisal exercise – Appraisal report for 2016 – Author of the appraisal report – Manifest error of assessment – Sick leave – Redeployment – Remuneration – Decision not to award a salary increase – Competence of the author of an act adversely affecting a party – Liability
Case T-484/18 XB v ECB
Civil service — ECB staff — Remuneration — Household allowance — Dependent child allowance — Education and pre-school allowances — Eligibility — Rejection of applications for those allowances — Conditions of Short-Term Employment — Conditions and rules applicable to short-term employment contracts
Case T-531/18 LL-Carpenter v Commission
Competition — Agreements, decisions and concerted practices — Motor vehicle market in the Czech Republic — Decision rejecting a complaint — Article 7 of Regulation (EC) No 773/2004 — Article 13(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
Case T-85/19 Gwo Chyang Biotech v EUIPO – Norma (KinGirls)
EU trade mark — Opposition proceedings — Application for the EU figurative mark KinGirls — Earlier German word mark King — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-296/19 Sumol + Compal Marcas v EUIPO – Heretat Mont-Rubi (SUM011)
EU trade mark — Opposition proceedings — Application for EU word mark SUM011 — Earlier EU figurative mark Sumol and earlier national word mark SUMOL — Relative ground for refusal — No likelihood of confusion — No similarity of the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-321/19 Maternus v EUIPO – adp Gauselmann (Jokers WILD Casino)
EU trade mark — Revocation proceedings — EU figurative mark Jokers WILD Casino — Obligation to state reasons — First sentence of Article 94(1) of Regulation (EU) 2017/1001 — No genuine use of the trade mark — Article 58(1)(a) of Regulation 2017/1001
Case T-352/19 Gamma-A v EUIPO – Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)
Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-353/19 Gamma-A v EUIPO – Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)
Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Proof of disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-183/19 Jalkh v Parliament
Action for annulment — Institutional law — Amendments to the European Parliament’s Rules of Procedure — Major interpellations — Failure to comply with formal requirements — Article 76(d) of the Rules of Procedure — Locus standi — Lack of direct concern — Lack of individual concern — Regulatory act — Implementing measures — Inadmissibility
Case T-278/19 Aurora v CPVO – SESVanderhave (M 02205)
Action for annulment — Plant varieties — Nullity proceedings — Sugar beet variety M 02205 — Decision to remit the case to the competent body of the CPVO for further action — Article 72 of Regulation (EC) No 2100/94 — No interest in bringing proceedings — Power to alter decisions — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-597/19 R Helsingin kaupunki v Commission
Application for interim measures — State aid — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
Case T-603/19 R Helsingin Bussiliikenne v Commission
Application for interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
Case T-20/20 R Intertranslations (Intertransleïsions) Metafraseis v Parliament
Application for interim relief — Public supply contracts — Application for interim measures — No urgency
Case T-388/19 R-RENV Puigdemont i Casamajó and Comín i Oliveres v Parliament
Application for interim measures — European Parliament — Recognition of the applicants as Members of the European Parliament — No longer any legal interest in pursuing proceedings — No need to adjudicate
Case T-280/19 Highgate Capital Management v Commission
Action for annulment — State aid — Complaint — Measure not open to challenge — Inadmissibility
Case T-129/19 Necci v Commission
Action for annulment — Civil service — Contract staff — Social security — JSIS — Rejection of the application for membership — Out of time — Substantial new fact — Inadmissibility
Case T-507/19 Lucaccioni v Commission
Action for annulment — Civil service — Preparatory act — Action for compensation — Action closely related to the action for annulment — Failure to follow the pre-litigation procedure — Inadmissibility
Case T-734/17 ViaSat v Commission
Access to documents — Regulation (EC) No 1049/2001 — Mobile satellite system operator — Documents provided to the Commission by a candidate selected in a call for tenders — Implied and express refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Refusal of partial access
Case T-653/18 Armani v EUIPO – Asunción (GIORGIO ARMANI le Sac 11)
EU trade mark — Opposition proceedings — Application for the EU figurative mark GIORGIO ARMANI le sac 11 — Earlier national word mark LESAC and earlier national figurative marks lesac — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001
Case T-654/18 Armani v EUIPO – Asunción (le Sac 11)
EU trade mark — Opposition proceedings — Application for the EU figurative mark le sac 11 — Earlier national word mark LESAC and earlier national figurative marks lesac — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001
Case T-752/18 Tecnodidattica v EUIPO (Shape of globe and lamp bases)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of bases for globes and lamps — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) — No decorative or imaginative elements playing an important or essential role
Case T-31/19 AF v FRA
Action for annulment and damages — Civil service — Members of the temporary staff — Contract for an indefinite period — Duties as an administrator as a policy adviser in grade AD 12 — Assignment to the type of post ‘administrator’ — 2014 Staff Regulations — No eligibility for reclassification in the grade above — 2017 reclassification exercise — Refusal to consider the applicant for the purposes of his reclassification in grade AD 13 — Action manifestly lacking any foundation in law
Case T-77/19 Alcar Aktiebolag v EUIPO – Alcar Holding (alcar.se)
EU trade mark — Opposition proceedings — Application for EU figurative mark alcar.se — Earlier EU word mark ALCAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-312/19 Wilhelm Sihn jr. v EUIPO – Golden Frog (CHAMELEON)
EU trade mark — Opposition proceedings — Application for the EU word mark CHAMELEON — Earlier international and national word marks CHAMELEON — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-343/19 Conlance v EUIPO – LG Electronics (SONANCE)
EU trade mark — Opposition proceedings — Application for EU word mark SONANCE — Earlier national word mark conlance — Relative ground for refusal — No likelihood of confusion — Article 8 (1)(b) of Regulation (EU) 2017/1001
Case T-570/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-571/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-572/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-155/19 AP v EIF
Action for annulment and for damages — Civil service — EIF Staff — Tendering by the member of staff of her resignation for personal reasons — Leave due to serious illness starting before the end date of the employment contract chosen by the member of staff — Application for withdrawal of the resignation after the end date of the employment contract chosen by the member of staff — EIF’s refusal to accept the retroactive withdrawal of the resignation — End date of the contract delayed on account of sick leave — Whether Article 33 of the EIF Staff Regulations is applicable — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-499/19 ZU v EEAS
Action for annulment — Civil service — Officials — Sick leave — Negative opinion by the medical service — Amendments made in the Human Resource Management information system — Acts not amenable to review — Acts not adversely affecting an official — Failure to follow the pre-litigation procedure — Premature challenge — Inadmissibility
Case T-505/19 Merly v Parliament
Action for annulment — Civil service — Accredited parliamentary assistant — Special leave for the birth of children born via surrogacy — Answer to a request for information — No act adversely affecting an official — Inadmissibility
April 2020
Information (on unpublished decisions)
Case T-383/17 Hansol Paper v Commission
Dumping — Imports of certain lightweight thermal paper originating in South Korea — Definitive anti-dumping duty — Dumping margin calculation — Calculation of the injury margin — Determination of injury
Case T-571/17 UG v Commission
Civil service — Contract staff — Contract of indefinite duration — Article 47(c)(i) of the CEOS — Termination with notice — Grounds for termination — Conduct in the service and attitude at work incompatible with the interests of the service — Manifest error of assessment — Review of the accuracy of the facts — Lack of evidence — Liability — Material harm — Payment of salaries owed
Case T-81/18 Barata v Parliament
Civil service — Officials — Promotion — Certification procedure — 2016 promotion exercise — Exclusion of the applicant from the final list of officials authorised to take part in the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence
Case T-474/18 Veit v ECB
Civil service — ECB staff — Remuneration — Competitions — Equality of treatment between internal and external candidates — Classification in step
Case T-307/19 SQlab v EUIPO (Innerbarend)
Action for annulment — EU trade mark — Application for EU word mark Innerbarend — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-326/19 Gerber v Parliament and Council
Action for annulment – Customs territory of the European Union – Regulation (EU) 2019/474 – Directive (EU) 2019/475 – Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano – Not individually concerned – Inadmissibility
Case T-546/19 Isigny - Sainte Mère v EUIPO (Shape of a golden container with a type of wave)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a golden container with a type of wave — Absolute ground for refusal — Article 7(1)(b) of Regulation (EU) 2017/1001 — Lack of distinctive character
Case T-797/19 RII Anglo Austrian AAB and Belegging-Maatschappij 'Far-East' v ECB
Interim measures – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Decision to withdraw authorisation as a credit institution – Further application – Article 160 of the Rules of Procedure
Case T-849/19 R Leonardo v Frontex
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
Case T-885/19 R Aquind and Aquind Energy v Commission
Application for interim relief — Energy — Trans-European energy infrastructure — Regulation (EU) No 347/2013 — Commission Delegated Regulation amending Regulation No 347/2013 — Application for suspension of operation — No urgency
Case T-437/18 Tilly-Sabco v Commission
Non-contractual liability — Agriculture — Export refunds — Poultrymeat — Annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice — Damage
Case T-640/18 Intercontact Budapest v CdT
Public service contracts — Tendering procedure — Provision of translation services of texts in the financial and banking fields from English into Hungarian — Ranking of a tenderer — Article 113(2) and (3) of Regulation (EU, Euratom) No 966/2012 — Obligation to state reasons — Tender price of the highest ranked tenderers — Refusal of disclosure
Case T-707/18 Tilly-Sabco v Council and Commission
Agriculture – Export refunds – Poultrymeat – Regulation (EU) 2018/1277 adopted following the annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice – Competence of the author of the act – Abuse of process – Obligation to state reasons – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage
Case T-37/19 Cimpress Schweiz v EUIPO – Impress (CIMPRESS)
EU trade mark — Opposition proceedings — Application for EU word mark CIMPRESS — Earlier EU figurative mark impress — Earlier national word mark Impress-Media — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-73/19 Bergslagernas Järnvaru v EUIPO – Scheppach Fabrikation von Holzbearbeitungsmaschinen (Wood-splitting tool)
Community design — Invalidity proceedings — Registered Community design representing a wood-splitting tool — Earlier national design — Ground for invalidity — No individual character — No different overall impression — Article 6(1) of Regulation (EC) No 6/2002 — Infringement of the rights of the defence — Article 62 of Regulation No 6/2002
Case T-78/19 Lidl Stiftung v EUIPO – Plásticos Hidrosolubles (green cycles)
EU trade mark — Revocation proceedings — European Union figurative mark green cycles — Genuine use of the mark — Article 18(1) of Regulation (EU) 2017/1001 — Article 58(1)(a) of Regulation 2017/1001 — Article 10(3) and (4) of Delegated Regulation (EU) 2018/625 — Form differing in elements which do not alter the distinctive character — Lack of use of the sign as a company logo
Case T-106/19 Abarca v EUIPO – Abanca Corporación Bancaria (ABARCA SEGUROS)
EU trade mark — Opposition proceedings — Application for EU figurative mark ABARCA SEGUROS — Earlier EU word mark ABANCA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-108/19 Kerry Luxembourg v EUIPO – Döhler (TasteSense By Kerry)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TasteSense By Kerry — Earlier EU word mark MultiSense — 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)
Case T-109/19 Kerry Luxembourg v EUIPO – Döhler (TasteSense)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TasteSense — Earlier EU word mark MultiSense — 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)
Case T-496/19 CV and Others v Commission
Civil service – Officials – Remuneration – Weighting – Fixed entertainment allowance – Accommodation expenses – Obligation to state reasons – Duty of care – Equivalence in purchasing power – Equal treatment
Case T-497/19 CZ and Others v EEAS
Civil service – Officials – Remuneration – Weighting – Fixed entertainment allowance – Accommodation expenses – Obligation to state reasons – Duty of care – Equivalence in purchasing power – Equal treatment
Case T-868/19 R Nouryon Industrial Chemicals and Others v Commission
Interim measures — REACH — Dimethyl ether substance — Compliance check — Commission decision — Obligation to provide certain information requiring testing on animals — Application for suspension of operation of a measure — No urgency
May 2020
Case T-607/17 Volotea v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Recovery — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Selectivity — Effect on trade between Member States — Adverse effect on competition — Recovery — Legitimate expectations — Obligation to state reasons
Language of the case: English
Case T-716/17 Germanwings v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Effect on trade between Member States — Adverse effect on competition — Obligation to state reasons — Aid scheme — De minimis aid — Recovery
Language of the case: German
Case T-8/18 easyJet Airline v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Effect on trade between Member States — Adverse effect on competition — Recovery — Legitimate expectations — Obligation to state reasons
Language of the case: English
Case T-443/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Vogue Peek & Cloppenburg)
EU trade mark – Opposition proceedings – Application for the EU word mark Vogue Peek & Cloppenburg – Earlier national commercial designation Peek & Cloppenburg – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Coexistence of the national commercial designation and the mark applied for – Demarcation agreement – Application of national law by EUIPO – Suspension of the administrative proceedings – Article 70 of Regulation 2017/1001 – Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) – Manifest error of assessment
Language of the case: German
Case T-86/19 SolNova v EUIPO – Canina Pharma (BIO-INSECT Shocker)
EU trade mark – Invalidity proceedings – EU word mark BIO-INSECT Shocker – Absolute ground for refusal – Trade mark likely to deceive the public – Article 7(1)(g) of Regulation (EC) No 207/2009
Language of the case: German
Case T-526/19 Nord Stream 2 v Parliament and Council
Action for annulment — Energy — Internal market in natural gas — Directive (EU) 2019/692 — Application of Directive 2009/73/EC to gas lines to or from third countries — No direct concern — Inadmissibility — Production of documents obtained unlawfully
Language of the case: English
Case T-530/19 Nord Stream v Parliament and Council
Action for annulment — Energy — Internal market in natural gas — Directive (EU) 2019/692 — Addition of Article 49a to Directive 2009/73/EC concerning the adoption of decisions derogating from certain provisions of that directive — Application of Directive 2009/73 to gas lines to or from third countries — Objection to the deadline of 24 May 2020 for granting derogations from the obligations laid down by Directive 2009/73 — No direct concern — No individual concern — Inadmissibility
Language of the case: English
Case T-399/16 CK Telecoms UK Investments v Commission
Competition — Concentrations — Wireless telecommunications — Retail market for mobile telecommunication services — Market for wholesale access and call origination on public mobile networks — Acquisition of Telefónica Europe by Hutchison — Decision declaring the concentration incompatible with the internal market — Oligopolistic market — Significant impediment to effective competition — Non-coordinated effects — Burden of proof — Standard of proof — Market shares — Effects of the merger on prices — Quantitative analysis of upward pricing pressure — Close competitors — Important competitive constraint — Important competitive force — Network-sharing agreements — Level of concentration — Herfindahl-Hirschmann Index — Error of law — Error of assessment
Language of the case: English
Case T-574/18 Agrochem-Maks v Commission
Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Obligation to state reasons — Article 41(2)(c) of the Charter of Fundamental Rights — Manifest error of assessment — Article 6(f) of Regulation (EC) No 1107/2009 and point 2.2 of Annex II to Regulation No 1107/2009 — Precautionary principle
Language of the case: English
Case T-701/18 Campbell v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decisions 2008/909/JHA, 2008/947/JHA, 2009/829/JHA — Refusal to grant access — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the purpose of inspections, investigations and audits — General presumption of confidentiality
Language of the case: English
Cases T-724/18 and T-184/19 Aurea Biolabs v EUIPO – Avizel (AUREA BIOLABS)
EU trade mark — Opposition proceedings — Application for EU figurative mark AUREA BIOLABS — Earlier EU word mark AUREA — Relative ground for refusal — Likelihood of confusion — Similarity of goods — Article 8(1)(b) of Regulation (EU) 2017/1001 — Correction of the Board of Appeal’s decision — Article 102 of Regulation 2017/1001
Language of the case: English
Cases T-84/19 and T-88/19 to T-98/19 Cinkciarz.pl v EUIPO – MasterCard International (We IntelliGence the World and Others)
EU trade mark — Opposition proceedings — Applications for the EU figurative marks We IntelliGence the World, currencymachineassistant, robodealer, currencyassistant, tradingcurrencyassistant, CKPL, moneypersonalassistant, moneyassistant, currencypersonalassistant, CNTX Trading, AIdealer and CNTX — Earlier EU and UK figurative marks representing two intertwining circles or two overlapping circles — Suspension of proceedings — Article 71(1) of Delegated Regulation (EU) 2018/625
Language of the case: English
Case T-213/19 AW v Parliament
Civil service — Officials — Social security — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 16 — Statement of occupational disease — Article 22 — Medical Committee — Refusal to recognise the occupational nature of a disease — Irregularity of the opinion of the Medical Committee
Language of the case: French
Information (on unpublished decisions)
Case T-146/20 R Csordas and Others v Commission
Application for interim measures – Civil service – Elections for the Luxembourg local section of the Commission’s Staff Committee – Regularity – Supervisory obligation of the institution – Application for interim measures – No prima facie case
Case T-141/19 Sabo and Others v Parliament and Council
Action for annulment — Environment — Energy — Directive (EU) 2018/2001 — Inclusion of forest biomass among the sources of renewable energy — Act not of individual concern — Inadmissibility
Case T-738/18 Dragnea v Commission
Action for annulment — European Regional Development Fund — Romanian 2007-2013 Regional Operational Programme — External investigations conducted by OLAF — Final reports and recommendations of OLAF — National decision initiating a criminal investigation — Refusal by OLAF to open an enquiry into the conduct of the previous investigations — Refusal of access to the OLAF investigation file — Act not open to challenge — Inadmissibility
Case T-195/18 Talanton v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Perform Contract — Eligible costs — Repayment in part of the sums paid — Abuse of contractual rights — Principle of good faith — Legitimate expectations — Burden of proof — Counterclaim
Case T-290/18 Agmin Italy v Commission
Financial Regulation — Exclusion from procurement and grant award procedures covered by the general EU budget and by the European Development Fund for a two-year period — Principle of impartiality — Rights of the defence — Error of assessment — Manifest error of assessment — Proportionality
Case T-444/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Invalidity and revocation proceedings — EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the EU trade mark — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
Case T-445/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
Case T-446/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
Case T-534/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
Case T-535/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek's)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek’s — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
Case T-5/19 Clatronic International v EUIPO (PROFI CARE)
EU trade mark — International registration designating the European Union — Figurative mark PROFI CARE — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation 2017/1001 — Obligation to state reasons
Case T-49/19 View v EUIPO (CREATE DELIGHTFUL HUMAN ENVIRONMENTS)
EU trade mark — International registration designating the European Union — Word mark CREATE DELIGHTFUL HUMAN ENVIRONMENTS — Trade mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-63/19 Rot Front v EUIPO – Kondyterska korporatsiia "Roshen" (РОШЕН)
EU trade mark — Opposition Proceedings — International registration designating the European Union — Figurative mark РОШЕН — Earlier international figurative mark РОМАШКИ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-76/19 Pontinova v EUIPO – Ponti & Partners (pontinova)
EU trade mark — Opposition proceedings — Application for EU figurative mark pontinova — Earlier national word mark PONTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Relevant public — Similarity of the services — Similarity of the signs — Global assessment of the likelihood of confusion
Case T-156/19 Koenig & Bauer v EUIPO (we're on it)
EU trade mark — Application for EU word mark we’re on it — Absolute grounds for refusal — No distinctive character — Trade mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001
Case T-172/19 Cognac Ferrand v EUIPO (Shape of braiding on a bottle)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of braiding on a bottle — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-284/19 Wonder Line v EUIPO – De Longhi Benelux (KENWELL)
EU trade mark — Opposition proceedings — Application for EU word mark KENWELL — Earlier EU word mark KENWOOD — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-288/19 Divaro v EUIPO – Grendene (IPANEMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark IPANEMA — Earlier EU figurative mark Ipanema — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001
Case T-308/19 Lucaccioni v Commission
Action for annulment and for compensation – Civil service – Non actionable measure – Preparatory measure – No claim – Action in part manifestly inadmissible and in part inadmissible
Case T-381/19 adp Gauselmann v EUIPO – Gameloft (City Mania)
EU trade mark — Opposition proceedings — Application for EU word mark City Mania — Earlier EU word mark City Lights — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-503/19 Global Brand Holdings v EUIPO (XOXO)
EU trade mark — Application for the EU word mark XOXO — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
Case T-532/19 EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)
EU trade mark — Application for the EU figurative mark pantys — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001
Case T-282/18 Bernis and Others v SRB
Action for annulment — Economic and Monetary Union — Banking Union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Article 18(1) of Regulation (EU) No 806/2014 — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Decision of the SRB not to adopt a resolution scheme — Lack of public interest — Winding up in accordance with national law — Shareholders — Lack of individual concern — Inadmissibility
Case T-660/19 Universität Bremen v Commission and REA
Action for annulment – Grant project – Framework Programme for Research and Innovation ‘Horizon 2020’ – H2020-SC6-Governance-2019 call for proposals – REA decision rejecting a proposal – Incorrect identification of the defendant – Inadmissible in part
Cases T-163/20 R and T-163/20 RII Isopix v Parliament
Application for interim relief – Public supply contracts – Provision of photography services – Application for suspension of operation of a measure – Partial manifest inadmissibility of the main action – Inadmissibility – Urgency – Prima facie case – Balancing of competing interests
Case T-483/16 RENV Cerafogli v ECB
Civil service – ECB staff – Complaint of discrimination and psychological harassment – Internal administrative inquiry – Rejection of the complaint – Right to an effective judicial remedy – Right to be heard – Request for access to the minutes of the hearings of witnesses – Destruction of the inquiry file – Probative character of the evidence submitted to the Court – Incomplete examination – Psychological harassment – Error of law – Duty to provide assistance – Responsibility – Causal link – Non-material damage
Case T-649/17 ViaSat v Commission
Access to documents – Regulation (EC) No 1049/2001 – Document on measures required to ensure compliance by authorised operators of mobile satellite systems with the common conditions referred to in Decision No 626/2008/EC – Implied and express refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Partial refusal of access
Case T-518/18 YG v Commission
Civil service – Officials – Promotion – 2017 promotion procedure – Decision not to promote the applicant to grade AST 9 – Comparison of the merits – Equal treatment – Manifest error of assessment – Duty to state reasons
Case T-615/18 Diesel v EUIPO – Sprinter megacentros del deporte (Representation of a curved and angled line)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a curved and angled line – Earlier EU figurative mark representing the capital letter D and earlier international figurative mark (D) representing an angled line – Relative ground for refusal – Genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001)
Case T-677/18 Galletas Gullón v EUIPO – Intercontinental Great Brands (gullón TWINS COOKIE SANDWICH)
EU trade mark – Opposition proceedings – Application for the EU figurative mark gullón TWINS COOKIE SANDWICH – Earlier EU figurative mark OREO – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-681/18 Korporaciya “Masternet” v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU figurative mark STAYER – Genuine use of the trade mark – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Categorisation of the goods in connection with which genuine use has been proved
Case T-696/18 Consejo Regulador "Jamón de Teruel/Paleta de Teruel" v EUIPO – Airesano Foods (AIRESANO BLACK El ibérico de Teruel)
EU trade mark – Opposition proceedings – Application for the EU figurative mark AIRESANO BLACK El ibérico de Teruel – Earlier EU figurative mark JAMON DE TERUEL CONSEJO REGULADOR DE LA DENOMINACION DE ORIGEN – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-739/18 Darment v Commission
Environment – Fluorinated greenhouse gases – Regulation (EU) No 517/2014 – Placing of hydrofluorocarbons on the market – Decision finding that an undertaking exceeded the quota allocated to it and imposing on it a penalty – Correction of the electronic registry for quotas – Transfer of quota – Authorisation to use a quota – Principle of good administration
Case T-739/18 R Darment v Commission
Application for interim relief – Satisfaction accorded to the main action – No need to adjudicate
Case T-333/19 Ntolas v EUIPO – General Nutrition Investment (GN GENETIC NUTRITION LABORATORIES)
EU trade mark – Opposition proceedings – Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES – Earlier EU word mark GNC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-341/19 Martínez Albainox v EUIPO – Taser International (TASER)
EU trade mark – Invalidity proceedings – EU figurative mark TASER – Earlier EU word marks TASER – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Detriment to reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation 2017/1001
Case T-342/19 Martínez Albainox v EUIPO – Taser International (TASER)
EU trade mark – Invalidity proceedings – EU figurative mark TASER – Earlier EU word marks TASER – Relative grounds for refusal – Detriment to reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation (EU) 2017/1001
Case T-506/19 Workspace Group v EUIPO – Technopolis Holding (UMA WORKSPACE)
EU trade mark – Opposition proceedings – Application for the EU word mark UMA WORKSPACE – Earlier EU figurative mark and earlier UK figurative and word marks WORKSPACE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-564/19 Lozano Arana and Others v EUIPO – Coltejer (LIBERTADOR)
EU trade mark – – Revocation proceedings – – EU word mark LIBERTADOR – – Genuine use of the mark – – Article 58(1)(a) of Regulation (EU) 2017/1001 – – Right to be heard – – Article 94 of Regulation 2017/1001 – – Due notification – – Article 60 of Delegated Regulation (EU) 2017/1430 (now Article 60 of Delegated Regulation (EU) 2018/625) – – Failure to produce proof of genuine use of the mark within the time limit prescribed – – Article 19(1) of Delegated Regulation 2017/1430 (now Article 19(1) of Delegated Regulation 2018/625)
June 2020
Case T-608/18 Sammut v Parliament
Civil service — Officials — Rights and obligations of officials — Publication of any matter dealing with the work of the Union — Duty to inform in advance — Article 17a of the Staff Regulations — Staff report — Responsibility
Language of the case: Maltese
Case T-100/19 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling to connect refrigeration or air-conditioning equipment to a motor vehicle – Single head of claim seeking alteration – Implicit application for annulment – Admissibility – Ground of invalidity – Failure to comply with the requirements for protection – Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Extent of the examination carried out by the Board of Appeal – Position adopted by the Board of Appeal on the failure to comply with a requirement for protection during the procedure – Divergent conclusion in the contested decision – Obligation to state reasons – Article 62 and second sentence of Article 63(1) of Regulation (EC) No 6/2002
Language of the case: Spanish
Case T-511/18 XH v Commission
Civil service — Officials — Promotion — 2017 promotion exercise — Decision not to promote — Clarity and precision of a plea in law in the application — Rule requiring correspondence — Challenge of definitive acts — Admissibility — Article 45 of the Staff Regulations — Interim probation report — End-of-probation report — Appraisal report — Factors taken into account for the consideration of the comparative merits — Regularity of the procedure — Liability — Non-material damage
Language of the case: English
Case T-737/18 Siberia Oriental v CPVO (Siberia)
Plant variety rights — Application for amendment of the date of expiry of the Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L. — Appeal before the Board of Appeal of the CPVO — Inadmissibility — Obligation to state reasons — Article 75 of Regulation (EC) No 2100/94 — Effective judicial protection — Article 67(1) and Article 87 of Regulation No 2100/94 — Correction of patent mistakes — Article 53(4) of Regulation (EC) No 874/2009
Language of the case: English
Case T-295/19 Klymenko v Council
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: French
Case T-552/19 Malacalza Investimenti v ECB
Access to documents — Decision of the ECB to place Banca Carige SpA under temporary administration — Refusal to grant access — Default procedure
Language of the case: Italian
Information (on unpublished decisions)
Case T-77/20 R Ascenza Agro and Industrias Afrasa v Commission
Application for interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Implementing regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyriphos-methyl – Application for suspension of operation of a measure – Lack of any urgency – Serious and irreparable damage – Absence
Case T-77/20 RII Ascenza Agro and Industrias Afrasa v Commission
Application for interim measures – Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyrifos-methyl – Application for suspension of operation of a measure – Lack of urgency – Serious and irreparable harm – None
Case T-564/15 RENV Spliethoff's Bevrachtingskantoor v Commission
Financial assistance in the field of Connecting Europe Facility (CEF) – Transport sector for the period 2014-2020 – Calls for proposals – Decision establishing the list of proposals selected – Rejection of the proposal – Manifest errors of assessment – Equal treatment – Obligation to state reasons
Case T-717/18 B.D. v EUIPO – Philicon-97 (PHILIBON)
EU trade mark – Invalidity proceedings – EU word mark PHILIBON – Earlier national figurative mark PHILICON – Relative ground for refusal – Well-known trade mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
Case T-718/18 Boyer v EUIPO – Philicon-97 (PHILIBON DEPUIS 1957 www.philibon.com)
EU trade mark – Invalidity proceedings – EU figurative mark PHILIBON DEPUIS 1957 www.philibon.com – Earlier national figurative mark PHILICON – Relative ground for refusal – Well-known trade mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
Case T-83/19 AL v Commission
Civil service – Special advisers – Appointment to the post of representative of the European Union in an international partnership body – Appointment of another representative of the European Union – Legitimate expectations – Right to be heard – Principle of good administration and duty to have regard to the welfare of officials – Liability
Case T-105/19 Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute grounds for refusal – No distinctive character – Well-known facts – Distinctive character acquired through use – Overall assessment of the evidence of the distinctive character acquired through use – Article 7(1)(b) and (3) of Regulation (EU) 2017/1001 – Article 59(1) and (2) of Regulation 2017/1001
Case T-131/19 Oosterbosch v Parliament
Civil service – Contract staff – Remuneration – Shiftwork allowance – Article 56a of the Staff Regulations – Legal certainty – Principle of legality – Concept of night work
Case T-577/19 Leinfelder Uhren München v EUIPO – Schafft (Leinfelder)
European Union trade mark – Revocation proceedings – European Union word mark Leinfelder – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Abuse of rights
Case T-646/19 eSky Group IP v EUIPO – Gröpel (e)
EU trade mark — Opposition proceedings — Application for the EU figurative mark e — Earlier international figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-707/19 FF&GB v EUIPO (ONE-OFF)
EU trade mark – Application for EU figurative mark ONE-OFF – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-846/19 Golden Omega v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff nomenclature – Classification in the Combined Nomenclature – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility
Case T-294/19 Vanhoudt and Others v EIB
Action for annulment and for damages – Civil service – EIB staff – Reform of the EIB remuneration and salary progression system – Remuneration simulation tool – Act not open to challenge – Purely confirmatory act – No new and substantial facts – Non-material harm – No causal link – Action in part inadmissible and in part manifestly lacking any foundation in law
Case T-516/19 VDV eTicket Service v Commission and INEA
Arbitration clause – ‘Horizon 2020 – the Framework Programme for Research and Innovation’ (2014-2020) – Project ‘European Travellers Club: Account-Based Travelling across the European Union – ETC’ – Grant agreement – Decision of INEA declaring ineligible certain costs incurred in the context of subcontracts – Misidentification of the defendant – Measure which is part of a purely contractual context from which it is inseparable – Legitimate expectations – Action in part inadmissible and in part manifestly lacking any foundation in law
Case T-553/19 Perfect Bar v EUIPO (PERFECT BAR)
Action for annulment – EU trade mark – Application for EU word mark PERFECT BAR – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Decision taken following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
Case T-561/19 Lípidos Santiga v Commission
Action for annulment – Energy – Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources – Limit on biofuels and biomass fuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of raw materials presenting a high indirect land-use change (ILUC) risk – Palm oil – Standing to bring proceedings – Lack of individual concern – Inadmissibility
Case T-563/19 Perfect Bar v EUIPO (PERFECT Bar)
Action for annulment – EU trade mark – Application for EU figurative mark PERFECT Bar – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Decision taken following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
Case T-652/19 R Elevolution - Engenharia v Commission
Interim measures – Public works contracts – Application for suspension of operation of a measure – Lack of urgency
Case T-383/19 Walker and Others v Parliament and Council
Action for annulment – Area of freedom, security and justice – Withdrawal of the United Kingdom from the Union – Regulation (EU) 2019/592 amending Regulation (EU) 2018/1806 – Short-stay visa waiver on the basis of reciprocity – Alleged loss of EU citizenship – Not individually concerned – Inadmissibility
Case T-558/19 Luz Saúde v EUIPO – Clínica La Luz (HOSPITAL DA LUZ LEARNING HEALTH)
EU trade mark – Opposition proceedings – Application for registration of the EU figurative mark HOSPITAL DA LUZ LEARNING HEALTH – Earlier national figurative mark clínica LALUZ – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-803/19 etc-gaming and Casino-Equipment v Commission
Action for damages – Failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law
Case T-231/20 R Price v Council
Application for interim relief – Area of freedom, security and justice – Decision (EU) 2020/135 – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Loss of citizenship of the Union – Application for suspension of operation of a measure – Manifest inadmissibility of the main action – Inadmissibility – Reference to the Court – Lack of jurisdiction
Case T-40/16 MU v Parliament
Action for annulment ‐ Article 263 TFEU – Internal Rules governing traineeships and study visits in the Secretariat of the Parliament – Trainee with a disability – Additional disability allowance – Refusal – Conditions for granting an additional disability allowance – Error of law
Case T-506/18 Poland v Commission
EAGF and EAFRD – Expenditure excluded from financing – Specific support for the tobacco sector – Expenditure incurred by Poland – Key controls – Flat-rate corrections – Obligation to state reasons
Case T-659/18 ZS v EIB
Civil service – Staff of the EIB – Health status – Partial disability – Time management – Unjustified absences – Reduced compensation – Liability
Case T-22/19 Noguer Enríquez and Others v Commission
Actions for damages – Monetary Agreement between the European Union and the Principality of Andorra – Alleged negligence on the part of the Commission regarding the content of the Agreement – Alleged negligence on the part of the Commission in monitoring the implementation of the Agreement – Action manifestly lacking any foundation in law
Case T-104/19 Dermavita v EUIPO – Allergan Holdings France (JUVÉDERM)
EU trade mark – Revocation proceedings – EU word mark JUVÉDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Use in the form in which the mark was registered – Use with the proprietor’s consent – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-114/19 Pavel v EUIPO – bugatti (B)
EU trade mark – Invalidity proceedings – EU figurative mark B – Earlier international figurative mark b – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 60(1)(a) of Regulation 2017/1001 – Misuse of power – Partial annulment
Case T-133/19 Off-White v EUIPO (OFF-WHITE)
EU trade mark – Application for EU figurative mark OFF-WHITE – Partial rejection of the application for registration – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-379/19 Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan)
EU trade mark – Application for the EU word mark Serviceplan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
Case T-380/19 Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan Solutions)
EU trade mark – Application for the EU word mark Serviceplan Solutions – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
Case T-550/19 Nitto Pharmaceutical Industries v EUIPO – Chiesi Farmaceutici (NOSTER)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark NOSTER – Earlier EU word mark FOSTER – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-651/19 Brands Up v EUIPO (Credit24)
EU trade mark – Application for EU figurative mark Credit24 – Absolute ground for refusal – Descriptive – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-150/20 R Tartu Agro v Commission
Application for interim measures – State aid – Decision declaring the aid incompatible with the internal market and ordering its recovery – Application for suspension of operation – No urgency
July 2020
Case T-110/17 Jiangsu Seraphim Solar System v Commission
Dumping — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China — Undertakings — Admissibility — Implementing Regulation (EU) 2016/2146 — Invalidation of undertaking invoices — Temporal application of new provisions
Language of the case: English
Case T-203/18 VQ v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 18(1) of Regulation (EU) No 1024/2013 — Administrative pecuniary penalty imposed by the ECB on a credit institution for infringement of Article 77(a) of Regulation (EU) No 575/2013 — Rules for publication on the ECB’s website — Article 18(6) of Regulation No 1024/2013 and Article 132(1) of Regulation (EU) No 468/2014
Language of the case: English
Case T-429/18 BRF and SHB Comércio e Indústria de Alimentos v Commission
Public health — Specific rules for the organisation of official controls on products of animal origin intended for human consumption — Amendment of the lists of third country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil — Article 12(4)(c) of Regulation (EC) No 854/2004 — Comitology — Obligation to state reasons — Rights of defence — Powers of the Commission — Equal treatment — Proportionality
Language of the case: English
Case T-576/18 Crédit agricole v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Retroactive application of less severe enforcement legislation – Absence – Rights of defence – Amount of the penalty – Obligation to state reasons
Language of the case: French
Case T-661/18 Securitec v Commission
Public procurement – Tender procedure – Maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and in Luxembourg – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Illegality of a clause in the tender specifications – Equal treatment
Language of the case: French
Case T-20/19 Pablosky v EUIPO – docPrice (mediFLEX easystep)
EU trade mark — Opposition proceedings — Application for the EU word mark mediFLEX easystep — Earlier EU figurative mark Stepeasy — Relative grounds for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
Case T-21/19 Pablosky v EUIPO – docPrice (mediFLEX easySTEP)
EU trade mark — Opposition proceedings — Application for the EU figurative mark mediFLEX easySTEP — Earlier EU figurative mark Stepeasy — Relative grounds for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
Case T-186/19 Zubedi v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment
Language of the case: English
Case T-305/19 Welmax + v EUIPO – Valmex Medical Imaging (welmax)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark welmax — Earlier EU word mark valmex — Time limits for an appeal before the Board of Appeal — Delay — Point from which time starts to run — Notification — Proof of dispatch by registered post — Communication by email — Failure to comply with the obligation to pay the appeal fee within the time limit — Appeal deemed not to have been filed — Scope of the requests for regularisation — Article 68(1) of Regulation (EU) 2017/1001 — Articles 23 and 56 to 58 of Delegated Regulation (EU) 2018/625
Language of the case: Polish
Case T-627/19 Shindler and Others v Commission
Actions for failure to act and for annulment — Area of freedom, security and justice — Withdrawal of the United Kingdom from the European Union — Applications for the adoption of a decision maintaining the European citizenship of certain UK nationals and of a decision on various measures relating to the rights of UK nationals — Adoption of a position by the Commission — No invitation to act — Refusal to adopt a decision maintaining the European citizenship of certain UK nationals — No interest in bringing proceedings — Action manifestly inadmissible
Language of the case: French
Cases T-778/16 and T-892/16 Ireland and Others v Commission
State aid – Aid implemented by Ireland – Decision declaring the aid incompatible with the internal market and unlawful and ordering recovery of the aid – Advance tax decisions (tax rulings) – Selective tax advantages – Arm’s length principle
Language of the case: English
Case T-715/19 Wagenknecht v European Council
Action for failure to act — Protection of the European Union’s financial interests — Combating fraud — Meeting of the European Council — Multiannual financial framework — Financial regulation — Alleged conflict of interest of the representative of the Czech Republic at a meeting of the European Council — Alleged lack of action by the European Council — Article 130 of the Rules of Procedure — Interest in bringing proceedings — Locus standi — Definition of the position of the European Council — End of the failure to act — Inadmissibility — Article 15(2) TEU — Action manifestly lacking any foundation in law
Language of the case: English
Case T-334/18 DEP Bodegas Altún v EUIPO - Codorníu (ANA DE ALTUN)
Procedure — Taxation of costs — Inadmissibility
Language of the case: Spanish
Case T-272/19 TO v EEAS
Action for annulment and for damages — Civil service — Members of the contract staff — Refusal to employ on the ground that the candidate is unfit to perform duties — Time limit for bringing proceedings — Public policy — Delay — Calculation of the time limit — Determination of the date from which the person concerned could have become aware of the content of the decision — Manifest inadmissibility
Language of the case: French
Information (on unpublished decisions)
Case T-562/19 Klein v Commission
Action for failure to act – Medical devices – Article 8(1) and (2) of Directive 93/42/EEC – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Absence of a decision by the Commission – Out of time – Inadmissibility
Case T-143/19 Solar Ileias Bompaina v Commission
Action for annulment – State aid – Operators on the market in electricity produced from renewable energy sources – Power purchase agreements – Legislative amendments with retroactive effect limiting tariff advantages – Complaint to the Commission alleging aid in favour of energy suppliers – Decision declaring the aid compatible with the internal market – Status as an interested party – Safeguarding of procedural rights – Inadmissibility
Joined Cases T-347/19 and T-348/19 Falqui and Poggiolini v Parliament
Actions for annulment – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions‐ Change in the amount of pensions – Manifestly inadmissible actions
Joined Cases T-395/19, T-396/19, T-405/19, T-408/19, T-419/19, T-423/19, T-424/19, T-428/19, T-433/19, T-437/19, T-443/19, T-455/19, T-458/19 to T-462/19, T-464/19, T-469/19 and T-477/19 Tognoli and Others v Parliament
Actions for annulment – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Change in the amount of pensions – Manifestly inadmissible actions
Case T-758/14 RENV Infineon Technologies v Commission
Competition – Agreements, decisions and concerted practices – Market for smart card chips – Decision finding an infringement of Article 101 TFEU – Exchanges of commercially sensitive information – Unlimited jurisdiction – Calculation of the amount of the fine – Taking into consideration of the participation only in a part of a network of bilateral contacts between competitors
Case T-332/15 Ocean Capital Administration and Others v Council
Common foreign and security policy – Restrictive measures against Iran – Freezing of funds – List of persons and entities to whom those measures apply – Inclusion of the names of the applicants
Case T-490/18 Neda Industrial Group v Council
Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Retention of the applicant’s name on the lists of persons, entities and bodies subject to the freezing of funds and economic resources – Obligation to state reasons – Error of law – Error of assessment – Temporal adjustment of the effects of an annulment
Case T-577/18 Crédit agricole Corporate and Investment Bank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Rights of defence – Amount of the penalty – Obligation to state reasons
Case T-578/18 CA Consumer Finance v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Rights of defence – Amount of the penalty – Obligation to state reasons
Case T-748/18 Glimarpol v EUIPO – Metar (Pneumatic power tools)
Community design – Invalidity proceedings – Registered Community design representing a pneumatic power tool – Earlier design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – Individual character – Different overall impression – Article 6(1)(b) of Regulation No 6/2002
Case T-38/19 Portugal v Commission
EAGF and EAFRD – Expenditure excluded from financing – Non-compliance with cross-compliance rules – Tolerance and leniency in sanctions – Flat-rate financial correction – Assessment of financial damage to the EU – Proportionality – Legitimate expectations
Case T-138/19 WH v EUIPO
Civil service – Public officials – 2018 promotion exercise – Decision not to promote – Action for annulment – Disregard of the procedural requirements – Articles 76 and 78(6) of the Rules of Procedure of the General Court – Admissibility – Rights of the defence – Obligation to state reasons – Comparison of the merits
Case T-328/19 Scorify v EUIPO – Scor (SCORIFY)
EU trade mark – Opposition proceedings – Application for EU figurative mark SCORIFY – Earlier EU word mark SCOR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-533/19 Artur Florêncio & Filhos, Affsports v EUIPO – Anadeco Gestion (sflooring)
EU trade mark – Opposition proceedings – Application for EU figurative mark sflooring – Earlier national word mark T-FLOORING – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001)
Case T-605/19 EP v Commission
Civil service – Officials – 2018 promotion exercise – Decision not to promote – Article 45 of the Staff Regulations – Obligation to state reasons – Consideration of comparative merits
Case T-633/19 Essential Export v EUIPO – Shenzhen Liouyi International Trading (TOTU)
EU trade mark – Opposition proceedings – Application for a figurative EU trade mark allegedly containing the word element ‘TOTU’ and coloured red and black – Earlier EU trade marks TOTTO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-659/19 FF Group Romania v EUIPO – KiK Textilien und Non-Food (_kix)
EU trade mark – Opposition proceedings – Application for European Union figurative mark _kix – Earlier national word mark kik – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the mark – Article 47(2) of Regulation 2017/1001
Case T-686/19 Euroapotheca v EUIPO – General Nutrition Investment (GNC LIVE WELL)
EU trade mark – Revocation proceedings – EU word mark GNC LIVE WELL – Obligation to state reasons – First sentence of Article 94(1) of Regulation (EU) 2017/1001 – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001)
Case T-696/19 Teva Pharmaceutical Industries v EUIPO (Moins de migraine pour vivre mieux)
EU trade mark – Application for EU word mark Moins de migraine pour vivre mieux – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-697/19 Teva Pharmaceutical Industries v EUIPO (Weniger Migräne. Mehr vom Leben.)
EU trade mark – Application for EU word mark Weniger Migräne. Mehr vom Leben. – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-729/19 Dinamo v EUIPO (Favorit)
EU trade mark – Application for EU word mark Favorit – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-800/19 Austria Tabak v EUIPO – Mignot & De Block (AIR)
EU trade mark – Revocation proceedings – European Union word mark AIR – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character
Case T-616/19 Katjes Fassin v EUIPO – Haribo The Netherlands & Belgium (WONDERLAND)
Action for annulment – EU trade mark – Opposition proceedings – Application for European Union word mark WONDERLAND – Earlier Benelux word mark WONDERMIX – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-619/19 KF v CSUE
Action for annulment and for damages – Staff of SatCen – Members of the contract staff – Jurisdiction of the EU Courts – Common foreign and security policy – Decision to launch administrative investigations in respect of the applicant pursuant to a judgment of the General Court – Acts adversely affecting an official – Claim for interest on a sum awarded by the General Court as compensation for the harm suffered – Article 76(d) of the Rules of Procedure – Action manifestly inadmissible
Case T-640/19 Sasol Germany and Others v ECHA
Action for annulment – REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Objection of inadmissibility – Act not open to challenge – Act merely implementing the decision – No interest in bringing proceedings – Inadmissibility
Case T-371/19 Itinerant Show Room v EUIPO – Save the Duck (FAKE DUCK)
EU trade mark – Opposition proceedings – Application for European Union figurative mark FAKE DUCK – Earlier European Union figurative mark SAVE THE DUCK – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods or services – Similarity of the signs – Global assessment of likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-838/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
Case T-839/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
Case T-840/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
Case T-841/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
Case T-842/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
Case T-377/20 R KN v EESC
Application for interim relief – Civil service – Member of the EESC – Harassment – OLAF investigation – EESC Bureau decision – Application for suspension of operation of a measure – Lack of urgency
Case T-715/19 R Wagenknecht v European Council
Application for interim measures — Dismissal of the main action — No need to adjudicate
August 2020
Information (on unpublished decisions)
Case T-552/19 OP Malacalza Investimenti v ECB
Public access to documents of the institutions – Opposition – Stay of execution of the judgment by default
Case T-162/20 R Indofil Industries (Netherlands) v EFSA
Interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Publication of the conclusion on the review conducted by EFSA regarding the reconsideration of the approval of the active substance mancozeb – Request for certain passages to be treated as confidential – Refusal to grant confidential treatment – Application for interim measures – No prima facie case
Case T-190/19 BF v Commission
Action for failure to act – State aid – Operation of water supply and sanitation facilities – Preliminary examination of alleged State aid granted by the German authorities – Second invitation to act – Commission’s position – Second subparagraph of Article 12(1) of Regulation (EU) 2015/1589 – Article 24(2) of Regulation 2015/1589 – Time limit for bringing an action – Manifest inadmissibility
Case T-358/20 R Net Technologies Finland v REA
Interim measures – Grant agreement concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Reimbursement of sums paid – Debit notes – Application for suspension of operation – No urgency
Case T-755/18 FL Brüterei M-V and Others v Commission
Action for annulment and for damages – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Lack of direct concern – No sufficiently serious breach of a rule of law conferring rights on individuals – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
September 2020
Case T-381/15 RENV IMG v Commission
Language of the case: French
Case T-437/16 Italy v Commission
Rules on languages – Notice of open competition for the recruitment of administrators in the field of audit – Knowledge of languages – Limitation of the choice of the second competition language to English, French and German – Language of communication – Regulation No 1 – Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service – Proportionality
Language of the case: Italian
Case T-626/17 Slovenia v Commission
Agriculture – Regulation (EU) No 1308/2013 – Designations of origin in the wine sector – Wine labelling – Use of the name of a wine grape variety which contains or consists of a protected designation of origin – Prohibition – Exception – Delegated Regulation (EU) 2017/1353 – Inclusion of the name of the ‘Teran’ wine grape variety in the list set out in Part A of Annex XV to Regulation (EC) No 607/2009 – Retroactive effect from the date of the accession of the Republic of Croatia to the European Union – Slovenian protected designation of origin ‘Teran’ – Legal certainty – Legitimate expectations – Proportionality – Right to property – Act concerning the conditions of accession of Croatia to the European Union – Interinstitutional Agreement on Better Law-Making – Institutional balance
Language of the case: Slovene
Case T-745/17 Kerkosand v Commission
State aid – Aid for an investment project in western Slovakia – Regional investment aid – Dismissal of a complaint – Decision not to raise any objections – Conditions for exemption – Article 14 of Regulation (EU) No 651/2014 – Scope of the Commission’s supervisory power – Guidelines on regional State aid for 2014-2020 – Concept of SME – Article 3(2) and (3) of Annex I to Regulation No 651/2014 – Data used for the staff headcount and the financial amounts and reference period – Article 4 of Annex I to Regulation No 651/2014 – Doubts as to the compatibility of the aid with the internal market – Article 4(4) of Regulation (EU) 2015/1589 – Serious difficulties
Language of the case: German
Cases T-150/18 and T-345/18 BNP Paribas v ECB
Language of the case: French
Case T-246/19 Cambodia and CRF v Commission
Action for annulment – Imports of Indica rice originating in Cambodia and Myanmar/Burma – Safeguard measures – Implementing Regulation (EU) 2019/67 – Locus standi – Interest in bringing proceedings – Rejection of the plea of inadmissibility
Language of the case: English
Joined Cases T-515/13 RENV and T-719/13 RENV Spain and Others v Commission
State aid – Aid granted by the Spanish authorities to certain economic interest groupings (EIGs) and their investors – Tax provisions applicable to certain finance lease agreements for the acquisition of vessels (Spanish Tax Lease System) – Decision declaring the aid incompatible in part with the internal market and ordering its partial recovery – Selectivity – Obligation to state reasons – Recovery of aid – Equal treatment – Legitimate expectations – Legal certainty
Language of the case: Spanish
Case T-796/16 CEDC International v EUIPO – Underberg (Shape of a blade of grass in a bottle)
EU trade mark – Opposition proceedings – Application for an EU three-dimensional mark – Shape of a blade of grass in a bottle – Earlier three-dimensional national mark – Genuine use of the earlier mark – Article 15(1) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) – Nature of use – Alteration of distinctive character – Use in conjunction with other marks – Scope of the protection – Requirement for clarity and precision – Requirement for the description and the representation to align with one another – Decision taken following annulment of an earlier decision by the General Court – Reference to the ground of an earlier annulled decision – Obligation to state reasons
Language of the case: English
Case T-411/17 Landesbank Baden-Württemberg v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Right to effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: German
Case T-421/18 Bauer Radio v EUIPO – Weinstein (MUSIKISS)
EU trade mark – Opposition proceedings – Application for EU word mark MUSIKISS – Earlier United Kingdom word and figurative marks KISS – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom – Transition period – Decision of the Board of Appeal to remit the case to the Opposition Division – Admissibility – 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)
Language of the case: English
Case T-510/18 Kaddour v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Right to property – Proportionality – Damage to reputation – Determination of listing criteria
Language of the case: English
Case T-338/19 UE v Commission
Civil service – Temporary members of staff – Health problems alleged to be caused by working conditions – Request for recognition of an occupational disease – Article 73 of the Staff Regulations – Right to be heard – Article 41 of the Charter of Fundamental Rights – Obligation for the person concerned to be heard before the original decision
Language of the case: English
Case T-370/19 Spain v Commission
External relations – Technical cooperation – Electronic communications – Regulation (EU) 2018/1971 – Body of European Regulators for Electronic Communications – Article 35(2) of Regulation 2018/1971 – Participation of regulatory authorities of third countries in that body – Participation of the national regulatory authority of Kosovo – Concept of third country – Error of law
Language of the case: Spanish
Case T-549/19 Medac Gesellschaft für klinische Spezialpräparate v Commission
Medicinal products for human use – Orphan medicinal products – Application for marketing authorisation for the medicinal product Trecondi-treosulfan – Decision to remove a medicinal product from the Register of Orphan Medicinal Products – Article 3(1)(b) of Regulation (EC) No 141/2000 – Concept of ‘satisfactory method’ – Article 5(12)(b) of Regulation No 141/2000 – Error of law
Language of the case: German
Case T-557/19 Seven v EUIPO (7Seven)
EU trade mark – EU figurative mark 7Seven – No request for renewal of the registration of the trade mark – Cancellation of the mark on expiry of the registration – Article 53 of Regulation (EU) 2017/1001 – Application for restitutio in integrum submitted by a licensee – Article 104(1) of Regulation 2017/1001 – Duty of due care
Language of the case: English
Information (on unpublished decisions)
Case T-613/19 ENIL Brussels Office and Others v Commission
Action for annulment – ERDF – Operational programme ‘Regions in Growth’ – Priority Axis 5 (Regional social infrastructure) – Grant intended to support the deinstitutionalisation of services for elderly people and people with disabilities – Refusal to suspend the call for proposals at the request of organisations for the defence and representation of people with disabilities – Act not open to challenge – Inadmissibility
Case T-801/19 DTE Systems v EUIPO – Speed-Buster (PedalBox +)
Action for annulment – EU trade mark – Invalidity proceedings – EU word mark PedalBox + – Absolute ground for refusal – Descriptive character – Misuse of rights – Article 7(1)(c) of Regulation (EC) No 207/2009 – Action manifestly unfounded in law
Case T-131/20 IR v Commission
Civil service – Officials – Rights and obligations of officials – Secondment in the interests of the service – Article 37, first paragraph, heading (a), first indent, of the Staff Regulations – Article 38 of the Staff Regulations – Refusal to extend a secondment – Duty to have regard for the welfare of officials – Rights of the defence
Case T-401/16 and T-443/16 Spain and Italy v Commission
Language regime – Notice of open competitions for the recruitment of Investigators and Team leaders – Language skills – Limitation of the choice of second language in the competitions to German, English and French – Eliminatory language-comprehension test in English – Language of communication – Regulation No 1 – Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service – Proportionality
Case T-143/18 Société générale v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
Case T-144/18 Crédit agricole and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
Case T-145/18 Confédération nationale du Crédit mutuel and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
Case T-146/18 BPCE and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
Case T-149/18 Arkéa Direct Bank and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
Case T-565/18 P. Krücken Organic v Commission
Institutional law – Action for damages – Conditions in which the European Union incurs non-contractual liability – Arrangements for imports of organic products from third countries – Private inspection body – Concept of appropriate supervision within the meaning of Article 33(3) of Regulation (EC) No 834/2007 – Regulation (EC) No 1235/2008 – Attributability of conduct
Case T-46/19 Greece v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Integrated administration and control system – Key controls – Regulation No 1306/2013 – Duty to state reasons
Case T-50/19 Casual Dreams v EUIPO – López Fernández (Dayaday)
EU trade mark – Opposition proceedings – Application for EU figurative mark Dayaday – Earlier national figurative marks DAYADAY and dayaday – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Likelihood of confusion – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
Case T-144/19 Kludi v EUIPO – Adlon Brand (ADLON)
EU trade mark – Opposition proceedings – Application for EU word mark ADLON – Earlier EU word mark ADLON – Proof of the reputation of the earlier mark – Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) – Temporal application of the law – Late submission of documents – Board of Appeal’s discretion – Article 95(2) of Regulation (EU) 2017/1001 – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation 2017/1001 – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
Case T-187/19 Glaxo Group v EUIPO (Shade of the colour purple )
EU trade mark – Application for an EU trade mark consisting of a shade of the colour purple – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
Case T-589/19 Gothe and Kunz v EUIPO – Aldi Einkauf (FAIR ZONE)
EU trade mark – Opposition proceedings – Application for EU word mark FAIR ZONE – Earlier EU word mark FAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-625/19 Daw v EUIPO (SOS Innenfarbe)
EU trade mark – Application for EU word mark SOS Innenfarbe – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptiveness – Article 7(1)(c) of Regulation 2017/1001
Case T-626/19 Daw v EUIPO (SOS Loch- und Rissfüller)
EU trade mark – Application for EU word mark SOS Loch- und Rissfüller – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001
Case T-645/19 IMG v Commission
Action for annulment – Development cooperation – Implementing the EU budget in indirect management – Execution of a judgment of the Court of Justice – Commission letter requesting that certain documents be provided – Act not open to challenge – Preparatory measure – Inadmissibility – Action for damages – Close link with the claim for annulment – Lis pendens – Inadmissibility – Failure to comply with procedural requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
Case T-669/19 Novomatic v EUIPO – Brouwerij Haacht (PRIMUS)
EU trade mark – Opposition proceedings – Application for European Union word mark PRIMUS – Earlier EU word mark PRIMUS – Earlier Benelux word mark PRIMUS – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-879/19 Sumol + Compal Marcas v EUIPO – Jacob (Dr. Jacob's essentials)
EU trade mark – Opposition proceedings – Application for EU figurative mark Dr. Jacob’s essentials – Earlier international word mark COMPAL ESSENCIAL – Earlier national and international figurative marks FRUTA essencial, COMPAL essencial and Compal FRUTA essencial – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-81/20 Klose v EUIPO (Representation of three coloured segments in a rectangle)
EU trade mark – Application for an EU figurative mark representing three coloured segments in a rectangle – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-529/19 ADESO v Commission
Action for annulment – Grant contracts relating to the projects ‘Your Environment is Your Life’ and ‘Social Safety Net for Poor and Vulnerable Households in Northern Regions of Somalia/Somaliland Phase II’ – Non-eligible costs – Debit notes – Confirmation letter – Challengeable act – Contractual nature of the dispute – Act not open to challenge – Act forming part of a purely contractual framework from which it is inseparable – Inadmissibility
Case T-381/20 R Datax v REA
Interim measures – Grant agreements concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Reimbursement of sums paid – Application for interim measures – No urgency
Case T-414/17 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Limitation of the temporal effects of the judgment
Case T-420/17 Portigon v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Limitation of the temporal effects of the judgment
Cases T-77/18 and T-567/18 VE v ESMA
Civil service – Members of the temporary staff – Contract for an indefinite period – Appraisal report – 2016 appraisal exercise – Plea of illegality relating to the appraisal manual – Manifest error of assessment – Assessment of activities undertaken as staff representative – Procedural irregularity – Termination of the employment contract – Insufficient performance during a period of two years
Case T-408/18 Aristoteleio Panepistimio Thessalonikis v EACEA
Arbitration clause – Grant agreement entered into under Erasmus Mundus action programme No 3 for the promotion of higher education – Grant agreement entered into under the programme for lifelong learning – Eligible costs – Debit notes – Repayment of part of the sums advanced – Contractual liability
Case T-433/18 Bax v ECB
Civil service – ECB staff – Career transition support – Eligibility – Legal certainty – Equal treatment – Legitimate expectations – Duty of care – Discrimination on grounds of sex – Proportionality – Liability
Case T-596/18 ZL v EUIPO
Civil service – Recruitment – Notice of competition – Decision not to place the applicant’s name on the reserve list for the competition – Obligation to state reasons – Rejection of the request for access to the multiple-choice questions asked in the admission tests – Secrecy of the selection board’s proceedings
Case T-36/19 PE Digital v EUIPO – Spark Networks Services (ElitePartner)
EU trade mark – Invalidity proceedings – Figurative EU trade mark ElitePartner – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
Case T-174/19 Vincenti v EUIPO
Civil service – Officials – Promotion – Promotion exercises 2014 to 2017 – Decision not to promote the applicant to the AST 8 grade – Right to be heard
Case T-289/19 Arbuzov v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State respected the rights of the defence and the right to effective judicial protection
Case T-291/19 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-292/19 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-314/19 Fundación Tecnalia Research & Innovation v Commission
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Development and testing of sensor systems for quality and performance control in baking processes – Bread-Guard Project – Overlap of the project with another project financed under the same programme – Changes to the description of the tasks to be undertaken – Loss of the intellectual property rights required for the execution of the project – Overestimation of the number of people needed each month for the project – Beneficiaries’ duty to provide information – Serious misconduct – Termination by the Commission of the grant agreement
Case T-401/19 Brillux v EUIPO – Synthesa Chemie (Freude an Farbe)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark Freude an Farbe in yellow, orange, red, pink, violet, blue, turquoise, dark green, light green and charcoal – Earlier figurative EU trade mark Glemadur Freude an Farbe – Relative grounds 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)
Case T-402/19 Brillux v EUIPO – Synthesa Chemie (Freude an Farbe)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark Freude an Farbe – Earlier EU figurative mark Glemadur Freude an Farbe – 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))
Case T-472/19 BASF v Commission
Medicinal products for human use – Marketing authorisation for medicinal products for human use containing omega-3 acid ethyl esters – Variation of the terms of the authorisation – First paragraph of Article 116 of Directive 2001/83/EC – Manifest error of assessment – Proportionality
Case T-522/19 Aldi v EUIPO (BBQ BARBECUE SEASON)
EU trade mark – Application for the EU figurative mark BBQ BARBECUE SEASON – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-601/19 Osório & Gonçalves v EUIPO – Miguel Torres (in.fi.ni.tu.de)
EU trade mark – Opposition proceedings – Application for the figurative EU trade mark in.fi.ni.tu.de – Earlier national word mark INFINITE – Admissibility of evidence – Genuine use of the earlier mark – Article 47(2) and (3) and Article 95(1) of Regulation (EU) 2017/1001 – Proof of genuine use – Relative grounds for refusal – Article 8(1)(b) of Regulation 2017/1001
Case T-608/19 Veronese Design Company v EUIPO – Veronese (VERONESE)
EU trade mark – Invalidity proceedings – EU figurative mark VERONESE – Earlier EU word mark VERONESE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001
Case T-654/19 FF v Commission
Non-contractual liability – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Use of a photograph in a library of warnings with pictures to be used for tobacco products – Directive 2014/109/EU – Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-677/19 Polfarmex v EUIPO – Kaminski (SYRENA)
EU trade mark – Revocation proceedings – EU word mark SYRENA – Genuine use of the mark – Extent of use – Proof of use – Articles 18(1) and 58(1)(a) and (2) of Regulation (EU) 2017/1001 – Duty to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
Case T-727/19 Basaglia v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents concerning certain projects in the context of the eTEN programme and of the fifth and sixth framework programmes for research and technological development – Restriction of the request for access – Partial refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of the commercial interests of a third party – Overriding public interest – Obligation to carry out a specific and individual examination
Case T-737/19 Huevos Herrera Mejías v EUIPO – Montesierra (MontiSierra HUEVOS CON SABOR A CAMPO)
EU trade mark – Opposition proceedings – Application for EU figurative mark MontiSierra HUEVOS CON SABOR A CAMPO – Earlier EU and national word marks MONTESIERRA – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Similarity between signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001 – Obligation to state reasons
Case T-738/19 Clouds Sky v EUIPO – The Cloud Networks (Wi-Fi Powered by The Cloud)
EU trade mark – Invalidity proceedings – EU figurative mark Wi-Fi Powered by The Cloud – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001)
Case T-869/19 Tetra v EUIPO – Neusta next (Wave)
EU trade mark – Invalidity proceedings – EU word mark Wave – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
October 2020
Joined Cases T-479/11 RENV and T-157/12 RENV France and IFP Énergies nouvelles v Commission
State aid – Oil exploration – State aid scheme implemented by France – Implied and unlimited State guarantee conferred on IFPEN by the grant of the status of EPIC – Advantage – Presumption of an advantage – Proportionality
Language of the case: French
Case T-249/17 Casino, Guichard-Perrachon and AMC v Commission
Competition – Agreements, decisions and concerted practices – Administrative procedure – Decision ordering an inspection – Plea of illegality of Article 20 of Regulation (EC) No 1/2003 – Right to an effective remedy – Equality of arms – Obligation to state reasons – Right to the inviolability of the home – Sufficiently serious indicia – Proportionality
Language of the case: French
Case T-255/17 Les Mousquetaires and ITM Entreprises v Commission
Competition – Agreements, decisions and concerted practices – Administrative procedure – Decisions ordering an inspection – Plea of illegality against Article 20 of Regulation (EC) No 1/2003 – Right to an effective remedy – Obligation to state reasons – Right to inviolability of the home – Sufficiently strong evidence – Proportionality – Action for annulment – Complaints relating to manner of conducting the inspection – Refusal to protect the confidentiality of data relating to private life – Inadmissibility
Language of the case: French
Case T-380/17 HeidelbergCement and Schwenk Zement v Commission
Competition – Concentrations – Market for grey cement in Croatia – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Undertakings concerned – Relevant market – Substantial part of the internal market – Assessment of the effects of the transaction on competition – Commitments – Rights of the defence – Partial referral to the national authorities
Language of the case: English
Case T-18/19 Brown v Commission
Civil service – Officials – Official with United Kingdom nationality at the date of entering the service – Withdrawal of the United Kingdom from the European Union – Acquisition of the nationality of the country of employment during the course of a career – Loss of the expatriation allowance – Equal treatment – Principle of non-discrimination – Article 4(1) of Annex VII to the Staff Regulations
Language of the case: English
Joined Cases T-389/19 to T-394/19, T-397/19, T-398/19, T-403/19, T-404/19, T-406/19, T-407/19, T-409/19 to T-414/19, T-416/19 to T-418/19, T-420/19 to T-422/19, T-425/19 to T-427/19, T-429/19 to T-432/19, T-435/19, T-436/19, T-438/19 to T-442/19, T-444/19 to T-446/19, T-448/19, T-450/19 to T-454/19, T-463/19 and T-465/19 Coppo Gavazzi and Others v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Chamber of Deputies, Italy) of Decision No 14/2018 on pensions – Alteration in the amounts of the pensions of Italian national Members of Parliament – Corresponding alteration, by the European Parliament, in the amounts of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the authority which adopted the measure – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equality of treatment
Language of the case: Italian
Case T-151/18 Ben Ali v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Tunisia – Measures taken against persons responsible for misappropriation of State funds and associated persons and entities – List of persons, entities and bodies covered by the freezing of funds – Maintenance of the applicant’s name on the list – Rights of the defence – Right to effective judicial protection – Obligation to adjudicate within a reasonable time – Sufficient factual basis – Time limits for bringing proceedings – Legal aid – Suspensive effect – Admissibility – Conditions
Language of the case: French
Case T-273/19 Target Ventures Group v EUIPO – Target Partners (TARGET VENTURES)
EU trade mark – Invalidity proceedings – EU word mark TARGET VENTURES – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Information (on unpublished decisions)
Case T-254/17 Intermarché Casino Achats v Commission
Case T-583/18 GVN v Commission
State aid – Public transport of passengers – Offsetting of the costs involved in the performance of public service obligations – Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility – Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) – Decision not to raise objections – Article 3(2) and (3) of Regulation (EC) No 1370/2007 – Transfer of financial resources from a Land to transport authorities at municipal level – Concept of aid
Case T-597/18 Hermann Albers v Commission
State aid – Public transport of passengers – Offsetting of the costs involved in the performance of public service obligations – Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility – Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) – Decision not to raise objections – Article 3(2) and (3) of Regulation (EC) No 1370/2007 – Transfer of financial resources from a Land to transport authorities at municipal level – Concept of aid – Obligation to notify
Case T-51/19 Laboratorios Ern v EUIPO – SBS Bilimsel Bio Çözümler (apiheal)
EU trade mark – Opposition proceedings – Application for EU figurative mark apiheal – Earlier national word mark APIRETAL – Relative grounds for refusal – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-53/19 SBS Bilimsel Bio Çözümler v EUIPO – Laboratorios Ern (apiheal)
EU trade mark – Opposition proceedings – Application for EU figurative mark apiheal – Earlier national word mark APIRETAL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-87/19 Broughton v Eurojust
Case T-264/19 nanoPET Pharma v EUIPO – Miltenyi Biotec (viscover)
EU trade mark – Invalidity proceedings – EU figurative mark viscover – Absence of bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) No 2017/1001) – Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001)
Case T-487/19 CU v Comittee of the Regions
Civil service – Officials – Basic monthly salaries of officials recruited before 1 May 2004 – Application of a multiplication factor of less than one – Reduction of the multiplication factor – Error of law – Equal treatment – Legitimate expectations
Case T-602/19 Eugène Perma France v EUIPO – SPI Investments Group (NATURANOVE)
European Union trade mark – Opposition proceedings – Application for the EU word mark NATURANOVE – Earlier EU word mark NATURALIUM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-847/19 X-cen-tek v EUIPO – Altenloh, Brinck & Co. (PAX)
EU trade mark – Opposition proceedings – Application for EU word mark PAX – Earlier EU and international figurative marks SPAX – Relative ground for refusal – Dominant element – No counteraction – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Application of the law ratione temporis
Case T-180/20 Sharpston v Council and Conference of the Representatives of the Governments of the Member States
Action for annulment – Withdrawal of the United Kingdom from the European Union – Declaration by the Conference of the Representatives of the Governments of the Member States on the consequences of the withdrawal of the United Kingdom from the European Union for the Advocates General of the Court of Justice – Act not open to challenge – Inadmissibility
Case T-184/20 Sharpston v Court of Justice of the European Union
Action for annulment – Withdrawal of the United Kingdom from the European Union – Letter from the President of the Court of Justice inviting the Member States to provide for the appointment of an Advocate General – Act not open to challenge – Inadmissibility
Case T-550/20 Sharpston v Council and Conference of the Representatives of the Governments of the Member States
Action for annulment – Withdrawal of the United Kingdom from the European Union – Decision of the Representatives of the Governments of the Member States to appoint an Advocate General to the Court of Justice – Act not open to challenge – Manifest inadmissibility
Case T-307/18 Zhejiang Jiuli Hi-Tech Metals v Commission
Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in China – Imposition of a definitive anti-dumping duty – Rights of the defence – Calculation of the dumping margin – Analogue country – Injury – Causal link
Case T-316/18 První novinová společnost v Commission
State aid – Postal sector – Universal service obligation – Decision not to raise any objections – Safeguarding procedural rights – Duration of the procedure – Complete and sufficient examination of the case by the Commission – Compensation for the discharge of the universal service obligation – Service of general economic interest – Directive 97/67/EC – Net avoided cost methodology – Obligation to state reasons
Case T-48/19 smart things solutions v EUIPO – Samsung Electronics (smart:)things)
EU trade mark – Invalidity proceedings – EU figurative mark smart:)things – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Article 59(1)(a) of Regulation 2017/1001 – Article 95(1) of Regulation 2017/1001
Case T-249/19 Karpeta-Kovalyova v Commission
Civil service – Members of the contract staff – Remuneration – Decision refusing entitlement to the expatriation allowance, the daily subsistence allowance, the installation allowance and to reimbursement of removal expenses and travel costs on taking up duties – Article 4(1)(a) of Annex VII to the Staff Regulations – Diplomatic status – Five-year reference period – Concept of ‘habitual residence’
Case T-349/19 Decathlon v EUIPO – Athlon Custom Sportswear (athlon custom sportswear)
EU trade mark – Opposition proceedings – Application for EU figurative mark athlon custom sportswear – Earlier EU word mark DECATHLON – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-607/19 Itinerant Show Room v EUIPO (FAKE DUCK)
EU trade mark – Application for EU figurative mark FAKE DUCK – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Principles of equal treatment and legality
Case T-788/19 Body Attack Sports Nutrition v EUIPO – Sakkari (Sakkattack)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Sakkattack – Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-818/19 Dvectis CZ v EUIPO – Yado (Support pillow)
Community design – Invalidity proceedings – Registered community design representing a support pillow – Earlier Community design – Ground for invalidity – No individual character – Informed user – Degree of freedom of the designer – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Obligation to state reasons
Case T-851/19 Body Attack Sports Nutrition v EUIPO – Sakkari (SAKKATTACK)
EU trade mark – Opposition proceedings – Application for the EU figurative mark SAKKATTACK – Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-2/20 Laboratorios Ern v EUIPO – Bio-tec Biologische Naturverpackungen (BIOPLAST BIOPLASTICS FOR A BETTER LIFE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark BIOPLAST BIOPLASTICS FOR A BETTER LIFE – Earlier national word mark BIOPLAK – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-38/20 Lotto24 v EUIPO (LOTTO24)
EU trade mark – Application for EU figurative mark LOTTO24 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
Case T-49/20 Rothenberger v EUIPO – Paper Point (ROBOX)
EU trade mark – Opposition proceedings – Application for the EU word mark ROBOX – Earlier EU word mark OROBOX – Relative ground for refusal – Likelihood of confusion – Independent subcategory of goods – Taking into consideration of a descriptive element – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-629/19 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling to hitch refrigeration or air conditioning equipment to a motor vehicle – Ground for invalidity – Failure to comply with the requirements for protection – Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Extent of the examination carried out by the Board of Appeal – Pleas in law referring to the grounds of another decision – Action manifestly lacking any foundation in law
Case T-13/20 Valiante v Commission
Action for annulment – Civil Service – Officials – Internal competition COM/1/AD 10/18 (AD 10) – Submission of the application by means of the form provided for that purpose and referred to in Article 2 of Annex III to the Staff Regulations – Separate application to be admitted to the competition submitted at the same time to the appointing authority – Eligibility criteria – Selection board’s decision rejecting the applicant’s application – Appointing authority’s decision refusing the applicant’s request to disregard one of the conditions set out in the competition notice in order to admit him to the competition – Challenge to the appointing authority’s decision not that of the selection board – Legal interest in bringing proceedings – Inadmissibility
Case T-14/20 Tratkowski v Commission
Action for annulment – Civil service – Officials – Internal Competition COM/2/AD 12/18 (AD 12) – Submission of the application using the form provided for that purpose and referred to in Article 2 of Annex III to the Staff Regulations – Request to be admitted to the competition, lodged at the same time and on a separate sheet of paper, to the Appointing Authority – Eligibility conditions – Decision of the selection board to reject the applicant’s application – Rejection by the selection board of the candidate’s request for re-examination due to it being out of time – Decision of the Appointing Authority refusing to grant the applicant’s request to set aside one of the conditions provided for in the notice of competition in order to admit him to the competition – Challenge to the decision of the Appointing Authority and not to that of the selection board – Legal interest in bringing proceedings – Inadmissibility
Case T-377/20 RII KN v EESC
Application for interim measures – Civil Service – Member of the EESC – Harassment – OLAF investigation – EESC Bureau decision – Application for suspension of operation of a measure – New application – New facts – Lack of urgency
Case T-805/19 Ultrasun v EUIPO (ultrasun)
EU trade mark – Application for EU figurative mark ultrasun – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-833/19 Grammer v EUIPO (Representation of a geometric figure)
Action for annulment – EU trade mark – Application for an EU figurative mark representing a geometric figure – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-594/18 Pharma Mar v Commission
Medicinal products for human use – Application for marketing authorisation for the medicinal product Aplidin – plitidepsin – Commission decision refusing authorisation – Regulation (EC) No 726/2004 – Scientific evaluation of the risks and benefits of a medicinal product – Committee for Medicinal Products for Human Use – Objective impartiality
Case T-583/19 Electrolux Home Products v EUIPO – D. Consult (FRIGIDAIRE)
EU trade mark – Revocation proceedings – EU word mark FRIGIDAIRE – Genuine use – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-857/19 Dehousse v Court of Justice of the European Union
Access to documents – Court of Justice of the European Union – Documents held by an institution in the exercise of its administrative functions – Article 266 TFEU – Decision adopted to give effect to a judgment of the General Court – Measures necessary to give effect to a judgment delivered in an action for annulment – Presumption of non-existence or non-possession of documents – Plausible explanations making it possible to determine the reasons for the non-existence or non-possession of documents – Obligation to state reasons – Retention of documentation – Principle of good administration
Case T-451/20 R Facebook Ireland v Commission
Interim proceedings – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for interim measures – Urgency – Prima facie case – Weighing of competing interests
Case T-452/20 R Facebook Ireland v Commission
Interim proceedings – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for interim measures – Urgency – Prima facie case – Weighing of competing interests
Case T-827/19 Gáspár v Commission
Action for annulment – Civil service – Transfer of national pension rights – Complaint brought after the expiry of the three-month period laid down in Article 90(2) of the Staff Regulations – No excusable error – Manifest inadmissibility
November 2020
Case T-271/10 RENV II H v Council
Common foreign and security policy – National staff member on secondment to the EUPM in Bosnia and Herzegovina – Redeployment decision – Misuse of powers – Interests of the service – Psychological harassment – Punitive nature of the redeployment – Liability – Non-material damage
Language of the case: English
Case T-814/17 Lietuvos geležinkeliai v Commission
Competition – Abuse of a dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Calculation of the amount of the fine – 2006 Guidelines on the method for setting fines – Remedies – Proportionality – Unlimited jurisdiction
Language of the case: English
Case T-735/18 Aquind v ACER
Energy – Article 17 of Regulation (EC) No 714/2009 – Decision of ACER refusing a request for exemption relating to new electrical interconnectors – Appeal before the Board of Appeal of ACER – Intensity of the review
Language of the case: English
Case T-574/19 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Language of the case: English
Case T-166/19 Bronckers v Commission
Access to documents – Regulation (EC) No 1049/2001 – Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks – Documents submitted within the framework of the Joint Committee – Refusal to grant access – Exception relating to the protection of the public interest in respect of international relations – Exception relating to the protection of the commercial interests of a third party
Language of the case: English
Case T-862/19 Brasserie St Avold v EUIPO (Shape of a dark bottle)
Language of the case: French
Information (on unpublished decisions)
Case T-25/19 AD v ECHA
Civil service – Members of the temporary staff – Fixed-term contracts – Decision not to renew – Duty of care – Equal treatment – Manifest error of assessment – Misuse of powers – Right to be heard – Duty to state reasons – Liability
Case T-173/19 AV and AW v Parliament
Civil service – Officials – Reimbursement of medical expenses – OLAF investigation – Article 85 of the Staff Regulations – Recovery of undue payments
Case T-820/19 Totalizator Sportowy v EUIPO – Lottoland Holdings (Lottoland)
EU trade mark – Invalidity proceedings – EU word mark Lottoland – Earlier national figurative marks LOTTO and Lotto – Earlier national word mark lotto – Declaration of partial invalidity – Relative ground for refusal – No damage to reputation – No link between the marks at issue – Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001
Case T-849/19 RII Leonardo v Frontex
Interim measures – Public service contracts – Application for interim measures – New application – New facts – Lack of urgency
Case T-25/20 Deutsche Post v EUIPO – Pošta Slovenije (Representation of a stylised horn)
EU trade mark – Opposition proceedings – Application for registration of an EU figurative mark representing a stylised horn – Earlier EU figurative mark representing a post horn on a yellow background – Relative ground for refusal – No likelihood of confusion – Similarity of the signs – Lack of distinctive character of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-646/20 R NG and Others v Parliament and Council
Application for interim measures – Regulation (EC) No 561/2006 – Absence of direct or individual concern – Inadmissibility of the main action – Inadmissibility
Case T-257/20 González Calvet v SRB
Action for annulment – Economic and monetary policy – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Decision refusing to grant financial compensation to the shareholders and creditors concerned – Failure to comply with formal requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
Case T-377/19 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for EU word mark TC CARL – Earlier national figurative mark CARL TOUCH – 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)
Case T-378/19 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for EU word mark TC CARL – Earlier national figurative mark CARL TOUCH – 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)
Case T-643/19 Dermavita v EUIPO – Allergan Holdings France (JUVEDERM ULTRA)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM ULTRA – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Use in the form in which the mark was registered – Use with the proprietor’s consent – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-664/19 Allergan Holdings France v EUIPO – Dermavita (JUVEDERM ULTRA)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM ULTRA – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-21/20 LG Electronics v EUIPO – Staszewski (K7)
EU trade mark – Opposition proceedings – Application for EU word mark K7 – Earlier EU word mark k7 – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-32/20 Buxadé Villalba and Others v Parliament
Action for annulment – Law governing the institutions – Member of the Parliament – Acknowledgement by the Parliament of the election as Members of the European Parliament of two Spanish elected representatives – Locus standi of three other Members of the European Parliament – Lack of individual concern – Application for a declaratory judgment – Action partly inadmissible and partly brought before a court that is manifestly incompetent to hear it
Case T-174/20 Comune di Stintino v Commission
Action for annulment – Grant agreement in the framework of the funding instrument for the environment (LIFE+) – Debit Note – Act which is part of a purely contractual framework and from which it is inseparable – Preparatory act – Inadmissibility
Case T-71/19 BMC v Clean Sky 2 Joint Undertaking
Research and technological development and space – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Procedure for call for proposals H2020-CS 2-CFP08-FRC‑2018-01 – Rejection of the proposal submitted by the applicant – Assignment of non-integer scores – Article 15(4) of Regulation (EU) No 1290/2013 – Obligation to state reasons – Manifest error of assessment – Misuse of powers – Failure to sufficiently examine the proposal – Distortion of the facts
Case T-107/19 ACRE v Parliament
Institutional law – European Parliament – Decision declaring certain expenses of a political party ineligible for a grant for the year 2017 – Regulation (EC) No 2004/2003 – Prohibition of the funding of a national political party – Contribution or donation by a national political party – Principle of sound administration – Legal certainty – Equal treatment – Decision granting a contribution to a political party for 2019 and making pre-funding of 100% of the maximum amount of the contribution subject to certain prior repayments – Regulation (EU, Euratom) No 1141/2014 – Rights of defence
Case T-309/19 BRF Singapore Foods v EUIPO – Tipiak (Sadia)
EU trade mark – Opposition proceedings – Application for EU figurative mark Sadia – Earlier national word mark SAIDA – 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) – Principle of sound administration – Equal treatment – Obligation to state reasons
Case T-310/19 BRF Singapore Foods v EUIPO – Tipiak (SADIA)
EU trade mark – Opposition proceedings – Application for EU word mark SADIA – Earlier national word mark SAIDA – 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) – Principle of sound administration – Equal treatment – Obligation to state reasons
Case T-362/19 UI v Commission
Civil service – Officials – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Place where the person’s main occupation is carried on – Five-year reference period
Case T-802/19 Kisscolor Living v EUIPO – Teoxane (KISS COLOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark KISS COLOR – Earlier EU word mark KISS – 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) – Temporal application of the law
Case T-874/19 Impera v EUIPO – Euro Games Technology (Flaming Forties)
EU trade mark – Opposition proceedings – Application for the EU word mark Flaming Forties – Earlier national figurative mark 40 FLAMING FRUITS – 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)
Case T-875/19 Impera v EUIPO – Euro Games Technology (Flaming Forties)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Flaming Forties – Earlier national figurative mark 40 FLAMING FRUITS – 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)
Case T-882/19 Kerangus v EUIPO (ΑΠΛΑ!)
EU trade mark – Application for EU figurative mark ΑΠΛΑ! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Equal treatment
Case T-57/20 Group v EUIPO – Iliev (GROUP Company TOURISM & TRAVEL)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GROUP Company TOURISM & TRAVEL – Earlier unregistered national figurative marks GROUP Company TOURISM & TRAVEL – Relative grounds for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Second sentence of Article 94(1) of Regulation 2017/1001
Case T-728/19 PL v Commission
Case T-475/20 R LE v Commission
Application for interim measures – Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Recovery of sums paid – Application for suspension of operation of a measure – No urgency
December 2020
Case T-722/18 Repsol v EUIPO – Basic (BASIC)
EU trade mark – Invalidity proceedings – EU figurative mark BASIC – Earlier national trade names basic and basic AG – Relative grounds for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EU) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Declaration of partial invalidity – Decision taken following the annulment of an earlier decision by the General Court – Referral of the case back to a Board of Appeal – Lack of competence of the authority referring the case – Article 1(d) of Regulation (EC) No 216/96 – Cross-claim
Language of the case: English
Case T-24/20 Junqueras i Vies v Parliament
Language of the case: Spanish
Case T-442/17 RENV RN v Commission
Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Principle of non-discrimination on grounds of age – Proportionality – Concept of ‘spouse’
Language of the case: French
Case T-93/18 International Skating Union v Commission
Competition – Association of undertakings – Speed skating events – Decision finding an infringement of Article 101 TFEU – Regulations of a sports federation – Balance between competition law and the specific nature of the sport – Sports betting – Court of Arbitration for Sport – Guidelines on the calculation of fines – Scope of territorial application of Article 101 TFEU – Restriction of competition by object – Corrective measures
Language of the case: English
Case T-207/18 PlasticsEurope v ECHA
REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Supplement to the entry relating to the substance bisphenol A on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence approach – Exploratory studies – Intermediate uses – Proportionality
Language of the case: English
Case T-430/18 American Airlines v Commission
Competition – Concentrations – Air transport market – Decision declaring a concentration compatible with the internal market and the EEA Agreement – Commitments – Decision granting Grandfathering rights – Error of law – Concept of appropriate use
Language of the case: English
Case T-635/18 Industrial Química del Nalón v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: English
Case T-736/19 HA v Commission
Civil service – Officials – Reimbursement of medical expenses – Reimbursement ceiling for sleep apnoea devices – Action for annulment – Measure not merely confirmatory – Sufficient interest to institute proceedings – Admissibility – Joint rules on sickness insurance for officials – General implementing provisions
Language of the case: French
Case T-3/20 Forbo Financial Services v EUIPO – Windmöller (Canoleum)
EU trade mark – Opposition proceedings – Application for EU word mark Canoleum – Earlier international word mark MARMOLEUM – Relative ground for refusal – Late filing of the statement setting out the grounds of appeal – Inadmissibility of the appeal before the Board of Appeal – Application for restitutio in integrum – Sudden illness of the lawyer representing the applicant – Requirement to exercise due care – Evidential value of the solemnly affirmed statement made by the lawyer
Language of the case: German
Information (on unpublished decisions)
Case T-486/18 Danske Slagtermestre v Commission
Action for annulment – State aid – Contributions scheme for the collection of waste water – Preliminary examination stage – Decision finding that there is no State aid – Trade association – Locus standi – Status as an interested party – Objective of protecting the procedural rights guaranteed by Article 108(2) TFEU – Lack of individual concern – No substantial effect on the competitive position – Regulatory act – Lack of direct concern – Inadmissibility
Case T-178/19 Kalai v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Rights of the defence – Obligation to state reasons – Error of assessment – Proportionality – Right to property
Case T-247/19 Thunus and Others v EIB
Civil service – EIB staff – Remuneration – Annual salary adjustment – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality
Case T-318/19 Thunus and Others v EIB
Civil service – EIB staff – Remuneration – Annual salary adjustment – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality
Case T-639/19 Sánchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM)
EU trade mark – Opposition proceedings – Application for the EU figurative mark 5MS MMMMM – Earlier EU figurative mark 5J – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-687/19 inMusic Brands v EUIPO – Equipson (Marq)
EU trade mark – Invalidity proceedings – EU word mark Marq – Earlier national and international figurative marks MARK – 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) – Declaration of partial invalidity
Case T-26/20 Forex Bank v EUIPO – Coino UK (FOREX)
EU trade mark – Invalidity proceedings – EU word mark FOREX – Declaration of partial invalidity – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-35/20 Monster Energy v EUIPO – Nanjing aisiyou Clothing (Representation of a scratch)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a claw-like scratch – Earlier EU and UK figurative marks representing claw-like scratches – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b), (4) and (5) of Regulation (EU) 2017/1001
Case T-152/20 BSH Hausgeräte v EUIPO (Home Connect)
EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-536/19 Militos Symvouleftiki v Commission
Action for annulment – Public service contracts – Tender procedure – Provision of services in the field of the organisation of communication activities on behalf of the Commission’s Representation in Greece – Annulment of the call for tenders – No interest in bringing proceedings – Inadmissibility
Case T-37/20 United Kingdom v Commission
Action for annulment – EAGF and EAFRD – Time limit for bringing an action – Starting point – Notification and publication – No excusable error – Out of time – Inadmissibility
Case T-714/18 Adraces v Commission
Arbitration clause – Framework partnership agreement – Local Europe Direct information centre – Termination of the contract without specifying the ground – Legal certainty – Principle of good faith – Proportionality – Observance of the contracting party’s rights and legitimate interests – Right to sound administration
Case T-620/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne ROSÉ)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne ROSÉ – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-621/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne GRANDE RÉSERVE)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne GRANDE RÉSERVE – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-622/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne PRESTIGE)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne PRESTIGE – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-705/19 GV v Commission
Case T-819/19 Man and Machine v EUIPO – Bim Freelance (bim ready)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark bim ready – Earlier EU figurative mark BIM freelance – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Restriction of the services covered by the mark applied for
Case T-858/19 easyCosmetic Swiss v EUIPO – UWI (easycosmetic)
EU trade mark – Invalidity proceedings – EU word mark easyCosmetic – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-30/20 Promed v EUIPO – Centrumelektroniki (Promed)
EU trade mark – Invalidity proceedings – EU word mark Promed – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-190/20 Almea v EUIPO – Sanacorp Pharmahandel (Almea)
EU trade mark – Opposition proceedings – Application for EU figurative mark Almea – Earlier national word mark MEA – 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)
Case T-63/19 DEP Rot Front v EUIPO - Kondyterska korporatsiia 'Roshen' (РОШЕН)
EU trade mark – Procedure – Taxation of costs – Manifest inadmissibility
Case T-579/20 R Genekam Biotechnology v Commission
Application for interim measures – Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Recovery of the sums paid – Application for suspension of operation – Lack of urgency
Joined Cases T-236/17 and T-596/17 Balti Gaas v Commission and INEA
Financial assistance under the Connecting Europe Facility for the period 2014-2020 – Field of trans-European energy infrastructure – Calls for proposals – Action for failure to act – No invitation to act – Inadmissibility – Action for annulment – Act not open to challenge – Preparatory act – Partial inadmissibility – Decision rejecting a proposal – Manifest errors of assessment – Obligation to state reasons – Competence of the Commission
Case T-187/18 VP v Cedefop
Civil service – Members of the temporary staff – Request for renewal of a contract for an indefinite period – Decision not to renew – Manifest error of assessment – Right to be heard – Article 26 of the Staff Regulations – Liability – Material damage – Non-material damage
Case T-243/18 VW v Commission
Case T-438/18 Pareto Trading v EUIPO – Bikor Elżbieta Korbut and Bikor Professional Color Cosmetics Małgorzata Wedekind (BIKOR EGYPTIAN EARTH)
EU trade mark – Invalidity proceedings – EU word mark BIKOR EGYPTIAN EARTH – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-515/18 Fakro v Commission
Competition – Abuse of dominant position – Market for roof windows and flashings – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Access to the file – Principle of sound administration – Reasonable period – Manifest error of assessment – Obligation to state reasons – No EU interest – Probability of being able to establish the existence of an infringement – Predatory pricing – ‘Fighting brands’ – Rebates – Exclusivity
Case T-541/18 Changmao Biochemical Engineering v Commission
Dumping – Imports of tartaric acid originating in China – Extension of a definitive anti-dumping duty – Determination of the normal value – Protocol of Accession of China to the WTO – Analogue country methodology – Article 2(7) and Article 11(2) of Regulation (EU) 2016/1036 – Vulnerability of the Union industry – Likelihood of recurrence of injury – Rights of the defence – Obligation to state reasons
Case T-636/18 Tokai erftcarbon v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-637/18 Bawtry Carbon International v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-638/18 Deza v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-639/18 SGL Carbon v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-645/18 Bilbaína de Alquitranes v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-176/19 3V Sigma v ECHA
REACH – Substance evaluation – UVASORB HEB – Decision of the ECHA requesting further information – Article 46(1) of Regulation (EC) No 1907/2006 – Request seeking to identify potential transformation or degradation products of the substance – Proportionality – Need for the additional study requested – Relevant conditions and realistic conditions – Study temperature – Manifest error of assessment
Case T-189/19 Haikal v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Rights of the defence – Right to a fair hearing – Obligation to state reasons – Right to effective judicial protection – Error of assessment – Right to property – Proportionality – Right to carry on an economic activity – Right to respect for private and family life
Case T-286/19 Azarov v Council
Case T-315/19 BT v Commission
Case T-521/19 Haswani v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Res judicata – Period allowed for commencing proceedings – Obligation to state reasons – Error of assessment – Proportionality
Case T-535/19 H.R. Participations v EUIPO – Hottinger Investment Management (JCE HOTTINGUER)
EU trade mark – Invalidity proceedings – EU word mark JCE HOTTINGUER – Non-registered earlier national trade mark HOTTINGER – Relative ground for refusal – Reference to the national law governing the earlier mark – Rules governing common law actions for passing-off – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively)
Case T-660/19 Universität Bremen v REA
Action for annulment – Grant proposal – Framework Programme for Research and Innovation ‘Horizon 2020’ – Call for proposals H2020-SC6-Governance-2019 – REA decision rejecting a proposal – No representation by a lawyer – Manifest inadmissibility of the action
Case T-665/19 Cinkciarz.pl v EUIPO (€$)
EU trade mark – Application for EU figurative mark €$ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
Case T-859/19 Alkemie Group v EUIPO – Mann & Schröder (ALKEMIE)
EU trade mark – Opposition proceedings – Application for EU word mark ALKEMIE – Earlier EU word mark Alkmene – 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)
Case T-860/19 Alkemie Group v EUIPO – Mann & Schröder (ALKEMIE)
EU trade mark – Opposition proceedings – Application for EU figurative mark ALKEMIE – Earlier EU word mark Alkmene – 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)
Case T-863/19 Production Christian Gallimard v EUIPO – Éditions Gallimard (PCG CALLIGRAM CHRISTIAN GALLIMARD)
Case T-883/19 Gustopharma Consumer Health v EUIPO – Helixor Heilmittel (HELIX ELIXIR)
EU trade mark – Opposition proceedings – Application for the EU word mark HELIX ELIXIR – Earlier EU word mark HELIXOR – 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)
Case T-118/20 Voco v EUIPO (Shape of packaging)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-872/19 IM v EIB
Case T-80/20 IM v EIB and EIF
Action for annulment – Institutional law – Post of Director-General of the EIF – Rejection of the applicant’s candidature – Appointment of another candidate – No legal interest in bringing proceedings – Inadmissibility
Case T-350/20 Wagenknecht v Commission
Action for failure to act – Protection of the European Union’s financial interests – Combating fraud – Meetings of the College of European Commissioners and its President with the representative of the Czech Republic – Multiannual Financial Framework 2021-2027 – Financial regulation – Direct payments from the EU budget in favour of farmers – Alleged conflict of interest of the Prime Minister of the Czech Republic – Alleged failure to act by the Commission – Article 130(1) of the Rules of Procedure – Interest in bringing proceedings – Locus standi – Definition of the Commission’s position – Inadmissibility
Case T-568/19 Micreos Food Safety v Commission
Action for annulment – Public health – Regulation (EC) No 853/2004 – Phage-based product used to reduce the presence of the bacterial pathogen Listeria monocytogenes in animal-derived ready-to-eat food – Rejection of the request to approve Listex™ P100 as a decontaminant in animal-derived ready-to-eat food – Act not open to challenge – Act not intended to produce binding legal effects – Purely confirmatory act – Informative act – Inadmissibility
Case T-289/20 Facegym v EUIPO (FACEGYM)
EU trade mark – Application for EU word mark FACEGYM – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-729/20 R Aurubis v Commission
Interim measures – Directive 2003/87/EC – Decision 2011/278/EU – System for greenhouse gas emissions allowance trading – Application for interim measures – No urgency
Case T-731/20 R ExxonMobil Production Deutschland v Commission
Interim measures – Directive 2003/87/EC – Decision 2011/278/EU – System for greenhouse gas emissions allowance trading – Application for interim measures – No urgency
January 2021
Case T-548/18 Helbert v EUIPO
Civil service – Recruitment – Notice of competition – Open Competition EUIPO/AD/01/17 – Decision not to place the applicant’s name on the reserve list for the competition – Composition of the selection board – Stability – Liability
Language of the case: English
Case T-758/18 ABLV Bank v SRB
Economic and monetary Union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Setting of the 2015 and 2018 ex ante contributions – Rejection of the request for a recalculation and a reimbursement of contributions – Action for annulment – Challengeable act – Admissibility – Institution whose licence has been withdrawn – Article 70(4) of Regulation (EU) No 806/2014 – Concept of ‘change of status’ – Article 12(2) of Delegated Regulation (EU) 2015/63
Language of the case: English
Case T-699/17 Poland v Commission
Environment – Directive 2010/75/EU – Industrial emissions – Implementing Decision (EU) 2017/1442 – Large combustion plants – Best available techniques (BAT) conclusions – Article 16(4) and (5) TEU – Article 3(2) and (3) of Protocol (No 36) on transitional provisions – Application of the law ratione temporis – Comitology
Language of the case: Polish
Case T-9/19 ClientEarth v EIB
Environment – Financing of a biomass power generation plant in Galicia – Resolution of the Board of Directors of the EIB approving the financing – Access to justice in environmental matters – Articles 9 and 10 of the Aarhus Convention – Articles 10 to 12 of Regulation (EC) No 1367/2006 – Request for an internal review – Refusal of the request as inadmissible – Action for annulment – Admissibility of a ground of defence – Obligation to state reasons – Concept of an act adopted under environmental law – Concept of an act having a legally binding and external effect
Language of the case: English
Information (on unpublished decisions)
Case T-478/18 Bezouaoui and HB Consultant v Commission
State aid – Construction plant driving safety training – Reimbursement of training in France by State-authorised collecting bodies (Organismes paritaires de collecte agréés, OPCAs) – Decision finding no State aid – Concept of State aid – Whether imputable to the State – Public control of resources
Case T-610/18 ZR v EUIPO
Case T-824/19 RY v Commission
Case T-873/19 Multi-Service v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision annulling the registration of an undertaking – Failure to provide the required information
Case T-34/20 Datenlotsen Informationssysteme v Commission
Action for annulment – State aid – Software solutions for universities – Tax advantages and public funding – Formal investigation procedure – Decision classifying the implemented measures as existing aid – Lack of individual concern – No regulatory act – Inadmissibility
Case T-328/17 RENV Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO - M. J. Dairies (BBQLOUMI)
EU trade mark – Opposition proceedings – Application for EU figurative mark BBQLOUMI – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-656/18 Jareš Procházková and Jareš v EUIPO – Elton Hodinářská (MANUFACTURE PRIM 1949)
Case T-261/19 Stada Arzneimittel v EUIPO – Optima Naturals (OptiMar)
EU trade mark – Opposition proceedings – Application for the EU figurative mark OptiMar – Earlier national word mark Mar – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-329/19 12seasons v EUIPO – Société immobilière et mobilière de Montagny (BE EDGY BERLIN)
EU trade mark – Opposition proceedings – Application for EU figurative mark BE EDGY BERLIN – Earlier national word mark EDJI – 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)
Case T-734/19 Junqueras i Vies v Parliament
Case T-811/19 Enoport v EUIPO – Miguel Torres (CABEÇA DE TOIRO)
EU trade mark – Opposition proceedings – Application for EU figurative mark CABEÇA DE TOIRO – Earlier EU word mark SANGRE DE TORO – 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)
Case T-829/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-830/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-831/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 FIRST CZECH BLENDED VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 FIRST CZECH BLENDED VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-844/19 Apologistics v EUIPO – Peikert (discount-apotheke.de)
Case T-884/19 Folschette and Others v Commission
Case T-253/20 Oatly v EUIPO (IT'S LIKE MILK BUT MADE FOR HUMANS)
EU trade mark – Application for the EU word mark IT’S LIKE MILK BUT MADE FOR HUMANS – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-276/20 Crevier v EUIPO (Air freshener )
Community design – Application for a Community design representing an air freshener – Non-compliance with a time limit vis-à-vis EUIPO – Application for restitutio in integrum – Article 67(1) of Regulation (EC) No 6/2002 – Duty of care
Case T-580/20 KC v Commission
Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law
Case T-533/20 R Green Power Technologies v Commission and ECSEL Joint Undertaking
Case T-691/18 KPN v Commission
Competition – Concentrations – Netherlands market for television services and telecommunications services – Decision declaring the concentration compatible with the internal market and the EEA Agreement – Relevant market – Vertical effects – Manifest error of assessment – Obligation to state reasons
Case T-382/19 Turk Hava Yollari v EUIPO – Sky (skylife)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark skylife – Earlier EU word mark SKY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) Regulation (EU) 2017/1001)
Case T-817/19 Olimp Laboratories v EUIPO – OmniVision (Hydrovision)
EU trade mark – Opposition proceedings – Application for EU figurative mark Hydrovision – Earlier EU word mark Hylo-Vision – 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)
Case T-287/20 Eggy Food v EUIPO (EGGY FOOD)
EU trade mark – Application for EU figurative mark EGGY FOOD – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-603/20 R Likvidacijska masa iza Mesoprodukt and Čuljak v Commission
February 2021
Case T-17/19 Moi v Parliament
Institutional law – European Parliament – Psychological harassment – Decisions of the President of the Parliament finding that two accredited parliamentary assistants suffered harassment and imposing on a Member of Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 12 days – Rules 11 and 166 of the Rules of Procedure of the Parliament – Internal appeal – Decision of the Bureau of the Parliament confirming the penalty – Rule 167 of the Rules of Procedure of the Parliament – Action for annulment – Time limit for bringing an action – Admissibility – Rights of the defence – Non-contractual liability
Language of the case: Italian
Case T-258/20 Klymenko v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of defence and the right to effective judicial protection
Language of the case: French
Case T-238/20 Ryanair v Commission
State aid – Air-transport market in Sweden, from Sweden and to Sweden – Loan guarantees to support airlines amid the Covid-19 pandemic – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Free provision of services – Equal treatment – Proportionality – Criterion of holding a licence issued by the Swedish authorities – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Article 107(3)(b) TFEU – Ratio legis – Duty to state reasons
Language of the case: English
Case T-259/20 Ryanair v Commission
State aid – French air-transport market – Deferral of payment of civil aviation tax and solidarity tax on airline tickets due on a monthly basis during the period from March to December 2020 in the context of the Covid-19 pandemic – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Free provision of services – Equal treatment – Criterion of holding a licence issued by the French authorities – Proportionality – Article 107(2)(b) TFEU – Duty to state reasons
Language of the case: English
Case T-108/18 Universität Koblenz-Landau v EACEA
Arbitration clause – Tempus IV Programmes – Grant agreements – Contractual nature of the dispute – Reclassification of the action – Eligible costs – Systemic and recurrent irregularities – Full repayment of amounts paid – Proportionality – Right to be heard – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights
Language of the case: German
Case T-161/18 Braesch and Others v Commission
Action for annulment – State aid – Aid for the precautionary restructuring of Banca Monte dei Paschi di Siena – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Plea of inadmissibility – Status as an interested party – Interest in bringing proceedings – Locus standi – Admissibility
Language of the case: English
Information (on unpublished decisions)
Case T-110/19 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-111/19 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Right to property – Presumption of innocence – Proportionality – Plea of illegality
Case T-113/19 Kampete v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-116/19 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Right to property – Presumption of innocence – Proportionality – Plea of illegality
Case T-118/19 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-119/19 Mutondo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-120/19 Numbi v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-121/19 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-122/19 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-123/19 Kanyama v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-124/19 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-352/18 Germann Avocats v Commission
Action for annulment and for damages – Public service contracts – Tendering procedure – Follow-up study on trade union practices on non-discrimination and diversity – Rejection of a tenderer’s bid – Award criteria – Action in part manifestly lacking any foundation in law and in part manifestly inadmissible
Case T-230/20 R PNB Banka v ECB
Interim relief – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Application for suspension of operation of an act – No urgency
Case T-488/18 XC v Commission
Case T-585/18 Şanli v Council
Common foreign and security policy – Restrictive measures taken against certain persons and entities with a view to combating terrorism – Freezing of funds – List of persons, groups and entities subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Action for annulment and compensation – Failure to comply with formal requirements – Article 76(d) of the Rules of Procedure – Inadmissibility
Case T-130/19 Spadafora v Commission
Case T-157/19 Şanli v Council
Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – List of the persons, groups and entities subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation to state reasons
Joined Cases T-345/19, T-346/19, T-364/19 to T-366/19, T-372/19 to T-375/19 and T-385/19 Santini and Others v Parliament
Case T-519/19 Forte v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Adjustment of the amount of pensions for Italian national deputies – Corresponding amendment by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the author of the act – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equal treatment
Case T-578/19 Sophia Group v Parliament
Public service contracts – Tender procedure – Provision of assistance services for buildings – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Award criteria – Most economically advantageous tender – Use of labels and certifications in the formulation of award criteria – Obligation to state reasons
Case T-821/19 Herlyn and Beck v EUIPO – Brillux (B.home)
EU trade mark – Opposition proceedings – Application for the EU word mark B.home – Earlier international word mark B-Wohnen – 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)
Case T-98/20 Biochange Group v EUIPO – mysuperbrand (medical beauty research)
EU trade mark – Invalidity proceedings – EU word mark medical beauty research – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctive character – Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001) – Consideration of the facts – Article 95(1) of Regulation 2017/1001
Case T-117/20 El Corte Inglés v EUIPO – MKR Design (PANTHÉ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PANTHÉ – Earlier national word and figurative marks PANTHER and earlier EU figurative mark P PANTHER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark
Case T-153/20 Bachmann v EUIPO (LIGHTYOGA)
EU trade mark – Application for EU word mark LIGHTYOGA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-157/20 Bachmann v EUIPO (LICHTYOGA)
EU trade mark – Application for EU word mark LICHTYOGA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-341/20 EAB v EUIPO (RADIOSHUTTLE)
EU trade mark – Application for EU word mark RADIOSHUTTLE – Absolute ground for refusal – Not distinctive – Article 7(1)(b) of Regulation (EU) 2017/1001 – Restriction of the goods designated in the trade mark application
Case T-92/20 Fryč v Commission
Non-contractual liability – State aid – Block exemption regulations – Aid programme granted by the Czech authorities in favour of certain undertakings – Commission decision approving that programme – Action for annulment dismissed as being out of time – Damage allegedly caused by acts of the Commission and the EU Courts – Limitation period – Action in part manifestly inadmissible – Causal link – Action in part manifestly unfounded in law
Case T-19/20 sprd.net v EUIPO – Shirtlabor (I love)
Action for annulment – EU trade mark – Invalidity proceedings – EU figurative mark I love – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Trade mark consisting of an advertising slogan – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Inapplicability of Article 16(1)(a) of Delegated Regulation (EU) 2018/625 – Admissibility of evidence – Article 97(1) of Regulation 2017/1001 – Impartiality – Article 95(1) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
Case T-753/19 Ungureanu v Commission
Action for damages – Law governing the institutions – Alleged unlawfulness stemming from the failure to bring an action for a declaration of a failure to fulfil obligations under Article 258 TFEU – Discretionary power of the Commission – Action manifestly inadmissible
Case T-655/20 R Symrise v ECHA
Application for interim relief – REACH – Substance 2-ethylhexyl salicylate – Compliance check of registrations – Obligation to provide certain information requiring animal testing – Application for interim measures – No urgency
Case T-656/20 R Symrise v ECHA
Application for interim relief – REACH – Substance homosalate – Compliance check of registrations – Obligation to provide certain information requiring animal testing – Application for interim measures – No urgency
Case T-606/18 Universität Koblenz-Landau v EACEA
Arbitration clause – Tempus Programmes – Grant agreement – Eligible costs – Suspension of payments – Repayment of amounts paid – Obligation to state reasons
Case T-809/19 Liga Nacional de Fútbol Profesional v EUIPO (El Clasico)
EU trade mark – International registration designating the European Union – Figurative mark El Clasico – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Lack of distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001)
Case T-56/20 Bezos Family Foundation v EUIPO – SNCF Mobilités (VROOM)
EU trade mark – Opposition proceedings – Application for the EU word mark VROOM – Earlier national word mark POP & VROOM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-61/20 Sonova v EUIPO – Digitmarket (B-Direct)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark B-Direct – Earlier EU figurative mark bizdirect – 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)
Case T-437/20 Ultrasun v EUIPO (ULTRASUN)
Action for annulment – EU trade mark – Application for the EU word mark ULTRASUN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
March 2021
Case T-723/18 Barata v Parliament
Civil service – Officials – Promotion – Certification procedure – Exclusion of the applicant from the final list of officials entitled to take part in the training programme – Article 45a of the Staff Regulations – Action for annulment – Communication by registered letter – Article 26 of the Staff Regulations – Registered letter not collected by the person to whom it was addressed – Starting point of the period prescribed for instituting proceedings – Admissibility – Obligation to state reasons – Right to be heard – Principle of sound administration – Proportionality – Rules on the use of languages
Language of the case: English
Case T-388/20 Ryanair v Commission (Finnair I; Covid-19)
State aid – Finnish air-transport market – Aid granted by Finland to Finnair amid the Covid‑19 pandemic – State guarantee on a loan – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh up the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Language of the case: English
Case T-885/19 Aquind and Others v Commission
Action for annulment – Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Delegation of power to the Commission – Article 290 TFEU – Delegated act amending the list of projects of common interest of the Union – Nature of the act during the period within which the Parliament and the Council may express objections – Act not open to challenge – Manifest inadmissibility
Language of the case: English
Case T-245/17 ViaSat v Commission
Action for failure to act and for annulment – Electronic communications networks and services – Harmonised use of the 2 GHz frequency spectrum – Pan-European systems providing mobile satellite services (MSS) – Decision 2007/98/EC – Harmonised operator selection procedure – Authorisations granted to the selected operators – Decision No 626/2008/EC – Request for action to be taken – No formal notice – Adoption of a position by the Commission – Inadmissibility – Refusal to take action – Measure not actionable – Inadmissibility – Powers of the Commission
Language of the case: English
Case T-134/19 AM v EIB
Civil service – EIB staff – Remuneration – Admissibility – Time limit for submitting a request to initiate the conciliation procedure – Act adversely affecting an official – Geographical mobility allowance – Transfer to an external office – Refusal to grant the allowance – Action for annulment and for damages
Language of the case: French
Case T-50/20 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Insolvency proceedings – Refusal by the ECB to accede to a request from the board of directors of a credit institution that the insolvency administrator of that institution be instructed to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution – Competence of the author of the act – Action manifestly lacking any foundation in law
Language of the case: English
Case T-719/17 FMC v Commission
Plant-protection products – Active substance flupyrsulfuron-methyl – Non-renewal of inclusion in the Annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Proposed classification of an active substance – Precautionary principle – Rights of defence – Legal certainty – Manifest error of assessment – Proportionality – Principle of non-discrimination – Principle of sound administration – Legitimate expectations
Language of the case: English
Case T-160/20 3M Belgium v ECHA
Action for annulment – REACH – Identification of perfluorobutanesulfonic acid (PFBS) and of its salts as a substance of very high concern – Inclusion in the list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 59(10) of Regulation No 1907/2006 – Article 59 of the Rules of Procedure – Inadmissibility
Language of the case: English
Case T-769/16 Picard v Commission
Civil service – Members of the contract staff – Reform of the Staff Regulations in 2014 – Transitional measures relating to certain methods for calculating pension rights – Change in the rules following the signature of a new contract as a member of the contract staff – Definition of ‘being in service’
Language of the case: French
Information (on unpublished decisions)
Case T-599/19 EM v Parliament
Civil service – Members of the temporary staff – Psychological harassment – Request for assistance – Rejection of the request – Retirement – Duty to provide assistance – Principle of sound administration – Duty to have regard for the welfare of staff
Case T-48/20 Sahaj Marg Spirituality Foundation v EUIPO (Heartfulness)
EU trade mark – International registration designating the European Union – Figurative mark Heartfulness – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-132/20 NEC OncoImmunity v EASME
Action for annulment – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Grant agreement – Termination letter – Act coming within a purely contractual framework from which it is inseparable – Inadmissibility – Regulation (EU) No 1290/2013 – Loss of SME status
Case T-251/20 KG v Parliament
Action for annulment and for damages – Civil service – Pension – Entitlement to the correction coefficient in the determination of pension rights – Refusal to adopt a position on the applicant’s request – No act adversely affecting an official – Inadmissibility
Case T-539/18 Ayuntamiento de Quart de Poblet v Commission
Arbitration clause – Competitiveness and Innovation Framework Programme (2007-2013) – ‘Highly scalable Deployment model of Inclusive E-Gvern’ (DIEGO) and ‘Speeding Every European Digital’ (SEED) contracts – Debit notes – Eligible costs – Justification of the costs – Reliability of records of tasks carried out for the projects
Case T-693/19 Kerry Luxembourg v EUIPO – Ornua (KERRYMAID)
EU trade mark – Opposition proceedings – Application for EU word mark KERRYMAID – Earlier EU figurative mark Kerrygold – Relative ground for refusal – Geographical name – Dominant element – Peaceful coexistence – Article 8(1)(b) of Regulation (EC) No 207/2009 – Application of the law ratione temporis
Case T-694/19 FI v Commission
Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18, 19 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Proportionality
Case T-66/20 Hauz 1929 v EUIPO – Houzz (HAUZ LONDON)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ LONDON – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-67/20 Hauz 1929 v EUIPO – Houzz (HAUZ NEW YORK)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ NEW YORK – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-68/20 Hauz 1929 v EUIPO – Houzz (HAUZ EST 1929)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ EST 1929 – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-71/20 Puma v EUIPO – CAMäleon (PUMA-System)
EU trade mark – Opposition proceedings – Application for the EU word mark PUMA-System – Earlier EU figurative marks PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-99/20 Golvabia Innovation v EUIPO (MaxWear)
EU trade mark – Application for EU word mark MaxWear – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-426/20 Techniplan v Commission
Case T-45/21 R Ciano Trading & Services CT & S and Others v Commission
Case T-585/19 EJ v EIB
Civil service – EIB staff – Remuneration – Travel costs – Double dependent child allowance – Child with serious illness – Capping of the backdated reimbursement of those costs and of that double allowance – Reasonable period – Duty to have regard for the welfare of staff – Action for annulment and for damages
Case T-853/19 Tehrani v EUIPO – Blue Genes (Earnest Sewn)
EU trade mark – Invalidity proceedings – EU word mark Earnest Sewn – Declaration of invalidity – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-878/19 Bende v EUIPO – Julius-K9 (K-9)
EU trade mark – Invalidity proceedings – EU word mark K-9 – Absolute grounds for refusal – Signs which have become customary – Article 7(1)(d) of Regulation (EC) No 207/2009 (now Article 7(1)(d) of Regulation (EU) 2017/1001)
Case T-114/20 Alvargonzález Ramos v EUIPO – Ursus-3 Capital, A.V. (URSUS Kapital)
EU trade mark – Revocation proceedings – EU figurative mark URSUS Kapital – Genuine use of the mark – Partial revocation – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Assessment of the evidence – Classification of the services
Case T-186/20 Chatwal v EUIPO – Timehouse Capital (THE TIME)
EU trade mark – Opposition proceedings – Application for the EU word mark THE TIME – Earlier EU word mark TIMEHOUSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-226/20 Steinel v EUIPO (MobileHeat)
EU trade mark – Application for the EU word mark MobileHeat – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-742/20 R Indofil Industries (Netherlands) v Commission
Application for interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Application for suspension of operation of a measure – No urgency
Case T-193/18 Andreas Stihl v EUIPO – Giro Travel Company (Combination of the colours grey and orange)
EU trade mark – Invalidity proceedings – EU mark consisting of a combination of the colours grey and orange – Absolute ground for refusal – Article 4 and Article 7(1)(a) of Regulation No 40/94 (now Article 7(1)(a) of Regulation (EU) 2017/1001) – Sufficiently clear and precise graphic representation – Requirement for a systematic arrangement associating the colours in a predetermined and uniform way
Case T-277/19 BK v EASO
Civil service – Temporary agents – Temporary reassignment – Action for annulment – Purely confirmatory measure – Inadmissibility – Explicit decision rejecting the complaint – Autonomous scope – Suspension of the effects of the decision subject to the complaint – Interest in bringing proceedings – Action for damages – Close link to the claim for annulment – No pre-litigation procedure – Inadmissibility
Case T-282/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Filotas Bellas & Yios (Halloumi)
EU trade mark – Invalidity proceedings – EU figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Article 53(1)(a) and Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) and (5) of Regulation 2017/1001)
Case T-306/19 Graanhandel P. van Schelven v Commission
Action for annulment – Agricultural policy – Organic production – Regulation (EC) No 834/2007 – Production and labelling of organic products – Organic products imported into the European Union – Certification of products by a control body – No interest in bringing proceedings – Lack of direct concern – Manifest inadmissibility
Case T-515/19 Lego v EUIPO – Delta Sport Handelskontor (Building block from a toy building set)
Community design – Invalidity proceedings – Registered community design representing a building block from a toy building set – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system – Article 8(1) to (3) of Regulation No 6/2002
Case T-588/19 Novomatic v EUIPO – adp Gauselmann (Power Stars)
EU trade mark – Revocation proceedings – EU figurative mark Power Stars – Partial revocation declaration – Partial lack of genuine use – Proof of genuine use – Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 75(1), first sentence, of Regulation No 207/2009 (now Article 94(1), first sentence, of Regulation 2017/1001) – Right to be heard – Article 75(1), second sentence, of Regulation No 207/2009 (now Article 94(1), second sentence, of Regulation 2017/1001)
Case T-798/19 Bennahmias v Parliament
Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality
Case T-799/19 Bennahmias v Parliament
Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality
Case T-93/20 Albert Darboven Holding v EUIPO (WINDSOR-CASTLE)
EU trade mark – Application for EU word mark WINDSOR-CASTLE – Absolute ground for refusal – Distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Laudatory character
Case T-168/20 Creaton South-East Europe v EUIPO – Henkel (CREATHERM)
EU trade mark – Opposition proceedings – Application for EU word mark CREATHERM – Earlier international word mark CERETHERM – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-175/20 Laboratorios Ern v EUIPO – Sanolie (SANOLIE)
EU trade mark – Opposition proceedings – Application for EU word mark SANOLIE – Earlier national word mark SANODIN – 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)
Case T-354/20 Kfz-Gewerbe v EUIPO – The Blink Fish (Representation of a fish)
EU trade mark – Invalidity proceedings – EU figurative mark representing a fish – Earlier national word mark BLINKA – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
Case T-374/20 KM v Commission
Civil Service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Principle of non-discrimination on grounds of age – Proportionality
Case T-765/20 R The Floow v Commission
Application for interim relief – Grant agreement entered into as part of the Horizon 2020 Framework Programme for Research and Innovation (2014-2020) – Recovery of sums paid – Application for interim measures – No urgency
Case T-484/20 SATSE v Commission
April 2021
Case T-69/18 Verband Deutscher Alten- und Behindertenhilfe and CarePool Hannover v Commission
State aid – Independent welfare services – Grants awarded to the associations in a regional charitable action group – Rejection of a complaint – Decision not to raise objections at the end of the preliminary examination stage – Action for annulment – Status of interested party – Safeguarding of procedural rights – Substantial effect on competitive position – Admissibility – No serious difficulties – No substantial alteration of existing aid
Language of the case: German
Case T-504/19 Crédit lyonnais v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 – Calculation of the leverage ratio – ECB’s partial refusal to authorise the exclusion of exposures meeting certain conditions – Article 429(14) of Regulation (EU) No 575/2013 – Failure to examine all the relevant aspects of the individual case – Res judicata – Article 266 TFEU
Language of the case: French
Case T-543/19 Romania v Commission
Cohesion Fund and ERDF – Article 139(6) of Regulation (EU) No 1303/2013 – Temporal application of an increased co-financing rate adopted after submission of the final application for an interim payment but before acceptance of the accounts – Legitimate expectation – Obligation to state reasons – Principle of good administration
Language of the case: Romanian
Case T-579/19 The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic and sports apparatus and equipment)
Community design – Multiple application for registration of Community designs representing gymnastic and sports apparatus and equipment – Right of priority – Article 41 of Regulation (EC) No 6/2002 – Application under Patent Cooperation Treaty – Article 4 of the Paris Convention for the Protection of Industrial Property – Priority period
Language of the case: German
Case T-616/19 REV Katjes Fassin v EUIPO – Haribo The Netherlands & Belgium (WONDERLAND)
Procedure – Application for revision – EU trade mark – Opposition proceedings – Action against a decision of EUIPO partially refusing to register a mark – Withdrawal of the opposition before service of the order dismissing the action – Fact unknown to the applicant and to the General Court – Time limit for the application – Interest in initiating the revision procedure – Admissibility
Language of the case: German
Case T-378/20 Ryanair v Commission (SAS, Denmark; Covid-19)
State aid – Danish air transport market – Aid granted by Denmark to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
Case T-379/20 Ryanair v Commission (SAS, Sweden; Covid-19)
State aid – Swedish air transport market – Aid granted by Sweden to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
Case T-539/13 RENV Inclusion Alliance for Europe v Commission
Action for annulment and for damages – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – MARE, Senior and ECRN projects – Commission decision to recover sums unduly paid – Applicant who has stopped responding to the Court’s requests – No need to adjudicate
Language of the case: Italian
Case T-322/19 El-Qaddafi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of the applicant’s name on the lists – Period allowed for commencing proceedings – Admissibility – Obligation to state reasons – Error of assessment
Language of the case: English
Case T-525/19 Intering and Others v Commission
Public contracts – Tendering procedure – Reduction of dust and nitrogen oxide emissions at the Kosovo B thermal power plant, Units B1 and B2 – Rejection of the application – Application for annulment submitted in the reply – New claims – Manifest inadmissibility – Amendment of the selection criteria during the procedure – Equal treatment
Language of the case: German
Case T-663/19 Hasbro v EUIPO – Kreativni Dogadaji (MONOPOLY)
EU trade mark – Invalidity proceedings – EU word mark MONOPOLY – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-326/20 Bibita Group v EUIPO – Benkomers (Beverage bottle)
Community design – Invalidity proceedings – Registered Community design representing a beverage bottle – Prior international design – Ground for invalidity – Conflict with a prior design – Individual character – Informed user – Degree of freedom of the designer – Different overall impression – Article 6 and Article 25(1)(d)(iii) of Regulation (EC) No 6/2002
Language of the case: English
Case T-719/20 Macías Chávez and Others v Spain and Parliament
Action for failure to act and for damages – Institutional law – Parliament’s Committee on Petitions – Petition concerning the infringement by the Spanish courts of EU law in the field of fundamental rights – Decision to declare the petition closed – Article 28 of the Rules of Procedure – Request for referral to a Chamber sitting in extended composition – Action in part brought before a court or tribunal manifestly lacking jurisdiction to hear it, in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: Spanish
Case T-843/19 Correia v EESC
Civil service – EESC staff – Members of the temporary staff – Refusal to regrade – Action for annulment – Time limit for lodging a complaint – Burden of proving expiry of the time limit – Act adversely affecting an official – Admissibility – Equal treatment – Legal certainty – Action for damages – Non-material damage
Language of the case: French
Information (on unpublished decisions)
Case T-496/20 CRII-GEN and Others v Commission
Action for annulment – Plant protection products – Active substance glyphosate – Request for review for the purpose of withdrawing or amending the approval – Article 21 of Regulation (EC) No 1107/2009 – Rejection – Act not open to challenge
Case T-468/20 R Kühne v Parliament
Application for interim relief – Civil service – Officials – Reassignment – Application for suspension of operation of a measure – Application for interim measures – No prima facie case
Case T-12/21 R PJ v EIT
Case T-29/17 RENV RQ v Commission
Case T-260/19 Al-Tarazi v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Obligation to state reasons – Error of assessment – Rights of defence – Right to property – Right to exercise an economic activity – Right to respect for private and family life – Proportionality
Case T-285/19 SGI Studio Galli Ingegneria v Commission
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – OLAF investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Burden of proof – Principle of good faith – Right to be heard – Principle of sound administration – Rights of the defence – Proportionality
Case T-300/19 Achema and Lifosa v Commission
State aid – Market in electricity generated from renewable energy sources – Operating aid – Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage – Article 107(3)(c) TFEU – Infringement of procedural rights – 2008 Guidelines on State aid for environmental protection – 2014 Guidelines on State aid for environmental protection and energy 2014-2020 – Article 30 TFEU – Article 110 TFEU – Body of consistent evidence
Case T-201/20 Berebene v EUIPO – Consorzio vino Chianti Classico (GHISU)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GHISU – Earlier collective national figurative mark CHIANTI CLASSICO – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) – Taking unfair advantage of the distinctiveness or reputation of the earlier mark
Case T-462/20 ZU v Commission
Action for annulment and for damages – Civil service – Officials – Request for information – Rejection of a complaint – No act adversely affecting the applicant – Action manifestly inadmissible
Case T-252/19 Pech v Council
Access to documents – Regulation (EC) No 1049/2001 – Second indent of Article 4(2) of Regulation No 1049/2001 – Protection of legal advice – First subparagraph of Article 4(3) of Regulation No 1049/2001 – Protection of the decision-making process – Refusal to grant full access to a legal opinion of the Council’s Legal Service
Case T-555/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Likelihood of confusion – Detriment to reputation – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
Case T-44/20 Chanel v EUIPO – Huawei Technologies (Representation of a circle containing two interlaced curves)
EU trade mark – Opposition proceedings – Application for EU figurative mark representing a circle containing two interlaced curves – Earlier national figurative mark representing two interrupted circles interlaced horizontally – Earlier national figurative mark representing a circle containing two interrupted circles interlaced horizontally – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-282/20 Apologistics v EUIPO – Kerckhoff (APO)
EU trade mark – Invalidity proceedings – EU word mark APO – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctiveness – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-323/20 Hell Energy Magyarország v EUIPO (HELL)
EU trade mark – Application for the EU word mark HELL – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-345/20 Robert Klingel v EUIPO (MEN+)
EU trade mark – Application for registration of the EU figurative mark MEN+ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts – Article 95(1) of Regulation 2017/1001 – Obligation to state reasons
Case T-382/20 Lee v EUIPO (Table knives, forks and spoons)
Community design – Application for a Community design representing table knives, forks and spoons – Lack of priority claim – Application for restitutio in integrum – Article 67(1) and (2) Regulation (EC) No 6/2002 – Duty of due care
Case T-472/20 Jouvin v Commission
Case T-842/16 Repower v EUIPO – repowermap.org (REPOWER)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark REPOWER – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-872/16 repowermap.org v EUIPO – Repower (REPOWER)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark REPOWER – Absolute ground for invalidity – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Right to be heard – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) – Freedom of expression
Case T-584/17 RENV Primart v EUIPO – Bolton Cile España (PRIMART Marek Łukasiewicz)
EU trade mark – Opposition proceedings – Application for EU figurative mark PRIMART Marek Łukasiewicz – Earlier national word marks PRIMA – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Referral
Case T-509/19 Asolo v EUIPO – Red Bull (FLÜGEL)
EU trade mark – Invalidity proceedings – EU word mark FLÜGEL – Earlier national word marks …VERLEIHT FLÜGEL and RED BULL VERLEIHT FLÜÜÜGEL – Relative grounds for refusal – Damage to reputation – Article 8(5) and Article 52(1)(a) of Regulation No 40/94 (now Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Right to be heard – Article 70(2) and Article 94(1) of Regulation 2017/1001
Case T-540/19 Sharif v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to exercise an economic activity
Case T-615/19 Point Tec Products Electronic v EUIPO – Compagnie des Montres Longines, Francillon (Representation of two extended wings around a triangle)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing two extended wings around a triangle – Earlier EU figurative mark representing two extended wings around a rectangle – 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) – Article 72(2) of Regulation 2017/1001
Case T-644/19 Linde Material Handling v EUIPO – Verti Aseguradora (VertiLight)
EU trade mark – Opposition proceedings – Application for EU word mark VertiLight – Earlier national word mark VERTI – Relative ground for refusal – No damage to reputation – No link between the marks at issue – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-31/20 West End Drinks v EUIPO – Pernod Ricard (The King of SOHO)
EU trade mark – Opposition proceedings – Application for EU figurative mark The King of SOHO – Earlier EU word mark SOHO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-191/20 FCA Italy v EUIPO – Bettag (Pandem)
EU trade mark – Opposition proceedings – Application for the EU word mark Pandem – Earlier national and international word marks PANDA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-284/20 Klaus Berthold v EUIPO – Thomann (HB Harley Benton)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark HB Harley Benton – Earlier EU word mark HB – Earlier national trade name – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and (4) of Regulation (EU) 2017/1001
Case T-300/20 Nosio v EUIPO – Tros del Beto (ACCUSÌ)
EU trade mark – Opposition proceedings – Application for the EU word mark ACCUSÌ – Earlier EU word mark ACÚSTIC – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-310/20 Comercializadora Eloro v EUIPO – Zumex Group (JUMEX)
EU trade mark – Opposition proceedings – Application for the EU figurative mark JUMEX – Earlier EU figurative mark zumex – 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)
Case T-311/20 France Agro v EUIPO – Chafay (Choumicha Saveurs)
EU trade mark – Invalidity proceedings – EU figurative mark Choumicha Saveurs – Absolute ground for refusal – Bad faith – Declaration of invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-348/20 Freistaat Bayern v EUIPO (GEWÜRZSOMMELIER)
EU trade mark – Application for EU word mark GEWÜRZSOMMELIER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Neologism
May 2021
Case T-561/18 ITD and Danske Fragtmænd v Commission
State aid – Postal sector – Compensation for the discharge of the universal service obligation – Decision not to raise any objections – Calculation of the compensation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – State guarantee of redundancy payments in the event of bankruptcy – VAT exemption for certain transactions carried out by the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Capital contribution from a public undertaking in order to avoid the bankruptcy of its subsidiary – Complaint from a competitor – Decision finding no State aid after the preliminary examination stage – Existing aid – Advantages granted on a periodic basis – Whether imputable to the State – Private investor test
Language of the case: English
Case T-611/18 Pharmaceutical Works Polpharma v EMA
Medicinal products for human use – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the EMA not to validate the application for marketing authorisation – Previous decision of the Commission taking the view that Tecfidera – Dimethyl fumarate was not covered by the same global marketing authorisation as Fumaderm – Plea of illegality – Admissibility – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of two different global marketing authorisations – Manifest error of assessment
Language of the case: English
Case T-119/17 RENV Alba Aguilera and Others v EEAS
Civil service – Officials – Members of the temporary staff – Members of the contract staff – Remuneration – EEAS staff posted to a third country – Article 10 of Annex X to the Staff Regulations – Annual assessment of the allowance for living conditions – Decision reducing the allowance for living conditions in Ethiopia from 30% to 25% – Regional coherence – Manifest errors of assessment
Language of the case: French
Case T-816/17 and T-318/18 Luxembourg and Amazon v Commission
State aid – Aid implemented by Luxembourg in favour of Amazon – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Transfer pricing – Selective tax advantage – Transfer pricing arrangement – Functional analysis
Language of the case: French
Cases T-516/18 and T-525/18 Luxembourg and Others v Commission
State aid – Aid implemented by Luxembourg in favour of ENGIE – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax rulings – State resources – Advantage – Combined effect of two tax measures – Participation exemption regime – Taxation of profit distributions – Abuse of law – Selectivity – Reference framework – Finding of a derogation – Comparability of situations – Parent-subsidiary arrangement – Group of companies – Recovery – Indirect harmonisation – Procedural rights – Obligation to state reasons
Language of the case: French
Case T-789/19 Moerenhout and Others v Commission
Law governing the institutions – European citizens’ initiative – Trade with territories under military occupation – Refusal of registration – Manifest lack of powers of the Commission – Article 4(2)(b) of Regulation (EU) No 211/2011 – Common commercial policy – Article 207 TFEU – Common foreign and security policy – Article 215 TFEU – Obligation to state reasons – Article 4(3) of Regulation No 211/2011
Language of the case: French
Case T-254/18 China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
Dumping – Imports of certain cast iron articles originating in China – Definitive anti-dumping duty – Action for annulment – Admissibility – Association – Standing to bring proceedings – Interest in bringing proceedings – Injury determination – Calculation of the import volume – Macroeconomic and microeconomic indicators – Sampling – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Attribution and non-attribution analysis – No assessment of injury by segment – Assessment of the significance of undercutting – Confidential treatment of information – Rights of the defence – PCN-by-PCN methodology – Product comparability – Calculation of the normal value – Analogue country – Adjustment for VAT – Determination of the selling, general and administrative costs and profit
Language of the case: English
Case T-465/20 Ryanair v Commission (TAP; Covid-19)
State aid – Portuguese air transport market – Aid provided by Portugal to TAP owing to the COVID-19 pandemic – State loan – Decision not to raise any objections – Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Company belonging to a group – Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group – Difficulties which are too serious to be dealt with by the group itself – Duty to state reasons – Maintenance of the effects of the decision
Language of the case: English
Case T-628/20 Ryanair v Commission (Spain; Covid-19)
State aid – Spain – Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic – Decision not to raise any objections – Temporary Framework for State aid – Measure aimed at remedying a serious disturbance in the economy of a Member State – Measure aimed at the whole of the economy of a Member State – Principle of non-discrimination – Freedom to provide services and freedom of establishment – Proportionality – Criterion requiring that the beneficiaries of the aid are established in Spain – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Article 107(3)(b) TFEU – Concept of ‘aid scheme’ – Obligation to state reasons
Language of the case: English
Case T-643/20 Ryanair v Commission (KLM; Covid-19)
State aid – Netherlands – State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision not to raise any objections – Decision declaring the aid compatible with the internal market – Aid granted previously to another company in the same group of companies – Duty to state reasons – Maintenance of the effects of the decision
Language of the case: English
Information (on unpublished decisions)
Case T-822/19 Asoliva and Anierac v Commission
Action for annulment – Agriculture – Classification into one of three categories of virgin olive oil – Implementing measures – Lack of individual concern – Inadmissibility
Case T-45/19 Acron and Others v Commission
Dumping – Imports of ammonium nitrate originating in Russia – Request for partial interim review – Termination of the partial interim review – No change of circumstances – Error of assessment – Obligation to state reasons – Rights of the defence
Case T-695/19 Falqui v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Change in the amount of pensions for Italian national members of parliament – Corresponding change by the European Parliament in the amount of the pensions of certain former Members of the European Parliament elected in Italy – Acquired rights – Legal certainty – Legitimate expectations – Proportionality
Case T-286/20 Capella v EUIPO – Cobi.bike (GOBI)
EU trade mark – Opposition proceedings – Application for the EU word mark GOBI – Earlier EU figurative mark COBI – 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) – Relevant public
Case T-442/20 Grangé and Van Strydonck v EUIPO – Nema (âme)
EU trade mark – Opposition proceedings – Application for EU word mark âme – Earlier international figurative mark AMEN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Counteraction of visual and phonetic similarities through conceptual differences – Conditions for counteraction
Case T-714/20 R Ovsyannikov v Council
Application for interim measures – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – Application for the suspension of operation of measures – No urgency
Case T-387/19 DF and DG v EIB
Civil service – Staff of the EIB – Remuneration – Decision refusing entitlement to an installation allowance upon return to headquarters – Liability
Case T-637/19 Sun Stars & Sons v EUIPO – Carpathian Springs (AQUA CARPATICA)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark AQUA CARPATICA – Earlier three-dimensional EU and national trade marks VODAVODA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-638/19 Sun Stars & Sons v EUIPO – Valvis Holding (AC AQUA AC)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark AC AQUA AC – Earlier three-dimensional EU and national trade marks VODAVODA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-70/20 Metamorfoza v EUIPO – Tiesios kreivės (MUSEUM OF ILLUSIONS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MUSEUM OF ILLUSIONS – Earlier EU figurative mark MUSEUM OF ILLUSIONS – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 95 of Regulation 2017/1001
Case T-167/20 Tornado Boats International v EUIPO – Haygreen (TORNADO)
EU trade mark – Invalidity proceedings – Figurative EU mark TORNADO – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-178/20 Bavaria Weed v EUIPO (BavariaWeed)
EU trade mark – Application for the EU figurative mark BavariaWeed – Absolute ground for refusal – Trade mark contrary to public policy – Article 7(1)(f) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001
Case T-328/20 Electrodomesticos Taurus v EUIPO – Shenzhen Aukey E-Business (AICOOK)
Action for annulment – EU trade mark – Opposition proceedings – Application of a declaratory nature – Application for directions to be issued – Inadmissibility
Case T-672/20 Kerstens v Commission
Action for annulment – Civil service – Officials – Request for assistance – Rejection of the complaint – Time limit for bringing an action – Starting point – Date on which the person concerned could have known the content of the decision – Delay – Inadmissibility
Case T-218/18 Deutsche Lufthansa v Commission
State aid – Aviation sector – Operational aid granted by Germany to Frankfurt-Hahn airport – Decision not to raise objections – Action for annulment – Status as an interested party – Safeguard of procedural rights – Admissibility – Guidelines on aid in the aviation sector – Doubts as to the compatibility of the aid with the internal market – Article 4(4) of Regulation (EU) 2015/1589 – Serious difficulties
Case T-510/19 Puma v EUIPO – Gemma Group (Representation of a bounding feline)
EU trade mark – Opposition proceedings – Application for the EU figurative mark representing a bounding feline – Earlier international figurative marks representing a bounding feline – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-256/20 Steinel v EUIPO (GluePro)
EU trade mark – Application for EU word mark GluePro – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-324/20 Yongkang Kugooo Technology v EUIPO – Ford Motor Company (kugoo)
EU trade mark – Opposition proceedings – Application for EU figurative mark kugoo – Earlier EU and national word marks KUGA and earlier EU word mark KUGA ENERGI – 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)
Case T-535/20 Müller v EUIPO (TIER SHOP)
EU trade mark – Application for EU figurative mark TIER SHOP – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Interest in bringing proceedings – Obligation to state reasons – Article 72(4) and the first sentence of Article 94(1) of Regulation 2017/1001
Case T-482/20 LG and Others v Commission
Action for annulment – Protection of the European Union’s financial interests – OLAF investigation – Legal professional privilege – Act not open to challenge – Preparatory act – Inadmissibility
Case T-158/20 TrekStor v EUIPO – Yuneec Europe (Breeze)
EU trade mark – Opposition proceedings – Application for EU word mark Breeze – Earlier EU word mark Breeze – Relative ground for refusal – Comparison of the goods – Likelihood of confusion – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-38/21 R Inivos v Commission
Application for interim relief – Public procurement – Negotiated procedure without prior publication of a contract notice – Application for suspension of operation of a measure – No urgency
Case T-54/21 R OHB System v Commission
Interim relief – Public works contracts, public supply contracts and public service contracts – Procurement of Galileo transition satellites – Rejection of a tender – Application for interim measures – Prima facie case – Urgency – Balancing of competing interests
Case T-92/21 R Darment v Commission
Application for interim relief – Environment – Fluorinated greenhouse gases – Regulation (EU) No 517/2014 – Placing of hydrofluorocarbons on the market – Decision imposing a penalty on an undertaking that exceeded the quota allocated to it – Application for interim measures – No urgency
Case T-332/20 König Ludwig International v EUIPO (Royal Bavarian Beer)
EU trade mark – International registration designating the European Union – Word mark Royal Bavarian Beer – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Unitary character of the EU trade mark – Article 1(2) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
June 2021
Case T-169/19 Style & Taste v EUIPO – The Polo/Lauren Company (Representation of a polo player)
EU trade mark – Invalidity proceedings – EU figurative mark representing a polo player – Earlier national design – Relative ground for invalidity – Article 52(2)(d) of Regulation (EC) No 40/94 (now Article 60(2)(d) of Regulation (EU) 2017/1001)
Language of the case: Spanish
Case T-854/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – EU word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
Language of the case: English
Case T-177/20 Himmel v EUIPO – Ramirez Monfort (Hispano Suiza)
EU trade mark – Opposition proceedings – Application for EU word mark Hispano Suiza – Earlier EU word mark HISPANO SUIZA – 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)
Language of the case: English
Case T-198/20 Shindler and Others v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of Union citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
Language of the case: French
Case T-252/20 Silver and Others v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of EU citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
Language of the case: English
Case T-202/17 Calhau Correia de Paiva v Commission
Language regime – Competition EPSO/AD/293/14 for the recruitment of administrators in the fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics (AD 7) – Non-inclusion on the reserve list – Plea of illegality – Limitation of the choice of the second language of the competition to English, French or German – Regulation No 1 – Article 1d(1) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service
Language of the case: English
Case T-47/19 Dansk Erhverv v Commission
State aid – Sale of canned beverages in border shops in Germany to foreign residents – Exemption from the deposit on condition that the beverages purchased are consumed outside Germany – Complaint – Decision by the Commission not to raise objections – Action for annulment – Locus standi – Admissibility – Conditions for initiating a formal investigation procedure – Error of law – Serious difficulties – Concept of ‘State aid’ – State resources – Non-imposition of a fine
Language of the case: English
Case T-235/19 HIM v Commission
Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the Commission – OLAF investigation – Action for annulment – Counterclaim – Full repayment of grants – Damages
Language of the case: French
Case T-514/19 DI v ECB
Civil service – ECB staff – Reimbursement of medical expenses and education expenses – Forgery – Disciplinary proceedings – Dismissal – Criminal proceedings – No further action taken – Acquittal – Competence of the Executive Board – Legal certainty – Time-barred disciplinary proceedings – Adage according to which ‘disciplinary proceedings arising out of a criminal offence must await the outcome of the criminal trial’ – Presumption of innocence – Impartiality of the Disciplinary Committee – Error of law – Probative value of the evidence – Reasonable time – Proportionality of the penalty – Intensity of the judicial review – Liability
Language of the case: English
Case T-580/19 Borborudi v Council
Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Error of assessment – Article 266 TFEU
Language of the case: English
Case T-665/20 Ryanair v Commission (Condor; Covid-19)
State aid – German air transport market – Public loan guaranteed by Germany to Condor Flugdienst in the context of the COVID-19 pandemic – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of damages – Causal link – Obligation to state reasons – Maintenance of the effects of the decision
Language of the case: English
Case T-126/19 Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Allocation of quotas for placing hydrofluorocarbons on the market – Plea of illegality – Article 16 of Regulation No 517/2014 and Annexes V and VI thereto – Principle of non-discrimination – Duty to state reasons
Language of the case: Polish
Case T-316/19 Lucaccioni v Commission
Public service – Officials – Social security – Article 73 of the Staff Regulations – Common rules on insurance against the risk of accident and of occupational disease – Occupational disease – Article 9 – Claim for reimbursement of medical costs – Article 23 – Consulting another doctor – Refusal to refer the case to the Medical Committee on the basis of Article 22 – Failure to apply, by analogy, the second subparagraph of Article 22(1) – Rule of consistency between the application and the claim – Temporal application of the law
Language of the case: Italian
Case T-355/19 EC v Comittee of the Regions
Civil Service – Temporary staff – Article 2(c) of the CEOS – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) of the CEOS – Breakdown in the relationship of trust – Terms of notice – Abuse of process – Right to be heard – Principle of sound administration – Rights of the defence – Manifest error of assessment
Language of the case: French
Case T-187/20 Davide Groppi v EUIPO – Viabizzuno (Table lamp)
Community design – Invalidity proceedings – Registered Community design representing a table lamp – Earlier Community design – Ground for invalidity – No individual character – Article 6 of Regulation (EC) No 6/2002
Language of the case: Italian
Case T-635/19 Fondazione Cassa di Risparmio di Pesaro and Others v Commission
Non-contractual liability – State aid – Banking sector – Planned recapitalisation of a member by a private-law consortium of banks – Measure authorised by the Central Bank of the Member State – Decision not to proceed with the rescue and initiation of a resolution procedure – Directives 2014/49/EU and 2014/59/EU – Decision not to raise any objections – Requests for information and views expressed by the Commission during the preliminary examination stage – No causal link
Language of the case: Italian
Information (on unpublished decisions)
Case T-718/17 Italy v Commission
Rules on languages – Notice of Open Competitions for the recruitment of administrators and assistants in the buildings sector – Knowledge of languages – Restriction of the choice of language 2 of the competitions to three 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
Case T-71/18 Italy v Commission
Rules on languages – Notice of Open Competition for the recruitment of administrators in the fields of financial economics and macroeconomics – Knowledge of languages – Restriction of the choice of language 2 of the competition to three 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
Case T-223/18 Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission
State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Action for annulment – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Obligation to state reasons – Concept of economic activity
Case T-855/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
Case T-856/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
Case T-17/20 adp Gauselmann v EUIPO – Gameloft (GAMELAND)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GAMELAND – Earlier EU word mark Gameloft – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001 – Restriction of the services covered in the trade mark application
Case T-183/20 Schneider v EUIPO – Raths (Teslaplatte)
EU trade mark – Invalidity proceedings – EU word mark Teslaplatte – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-365/20 Birkenstock Sales v EUIPO (Wavy crisscrossing lines on the sole of a shoe)
Action for annulment – EU trade mark – Application for an EU trade mark consisting in wavy crisscrossing lines on the sole of a shoe – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-177/19 Exxonmobil Petroleum & Chemical v ECHA
REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 – Inclusion of phenanthrene on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence determination – Proportionality – Obligation to state reasons – Right to be heard
Case T-231/20 Price v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of EU citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
Case T-663/20 One Voice v ECHA
Action for annulment – REACH – Substance homosalate – Exclusive use for the manufacture of cosmetic products – Compliance check of registrations – Article 41(1) of Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 21(5) of Regulation (EC) No 771/2008 – Article 59 of the Rules of Procedure – Inadmissibility
Case T-664/20 One Voice v ECHA
Action for annulment – REACH – Substance 2-ethylhexyl salicylate – Exclusive use for the manufacture of cosmetic products – Compliance check of registrations – Article 41(1) of Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 21(5) of Regulation (EC) No 771/2008 – Article 59 of the Rules of Procedure – Inadmissibility
Case T-137/16 RENV Uniwersytet Wrocławski v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Eligible costs – Reimbursement of sums paid
Case T-781/16 Puma and Others v Commission
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reinstitution of a definitive anti-dumping duty and definitive collection of the provisional duty – Resumption of the proceeding which preceded the regulations declared invalid – Market economy treatment (MET) – Individual treatment (IT) – Desk analysis – Absence of a verification visit or a request for additional information – Non-reimbursement of anti-dumping duties – Legal basis – Legal certainty – Legitimate expectations – Non-retroactivity – Proportionality – Misuse of powers – Non-discrimination – Previous decision-making practice
Case T-132/18 Roland v Commission
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reinstitution of a definitive anti-dumping duty and definitive collection of the provisional duty – Resumption of the proceeding which preceded the regulations declared invalid – Market economy treatment (MET) – Individual treatment (IT) – Desk analysis – Absence of a verification visit or a request for additional information – Non-reimbursement of anti-dumping duties – Legal basis – Legal certainty – Legitimate expectations – Non-retroactivity – Proportionality – Non-discrimination – Article 1 of Regulation (EC) No 384/96 (now Article 1 of Regulation (EU) 2016/1036) – Previous decision-making practice – Competence of national authorities and courts
Case T-302/19 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-303/19 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-575/19 Hill Mansilla v Commission
Civil service – Officials – Promotion – 2018 promotion exercise – Decision not to promote – Comparative examination of the merits – Assessment criteria – Manifest error of assessment – Equal treatment – Non-discrimination
Case T-611/19 Iniciativa 'Derecho de la UE, derechos de las minorías y democratización de las instituciones españolas' v Commission
Institutional law – European citizens’ initiative – ‘EU law, minority rights and democratisation of Spanish institutions’ – New EU framework to strengthen the rule of law – Refusal of registration – Manifest lack of powers of the Commission – No invitation to submit a proposal for a legal act of the Union – Article 4(2) and Article 2(1) of Regulation (EU) No 211/2011 – Obligation to state reasons – Article 296 TFEU
Case T-698/19 FJ and Others v EEAS
Civil service – Officials – Remuneration – EEAS staff posted to a third country – Update of the correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
Case T-699/19 FT and Others v Commission
Civil service – Officials – Remuneration – Commission staff posted to a third country – Update of the correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
Case T-880/19 Lianopoulou v Commission
Civil service – Officials – Decision on invalidity – Opinion of the invalidity committee – Article 78 of the Staff Regulations – Duty to state reasons
Case T-130/20 Philip Morris Products v EUIPO (SIENNA SELECTION)
EU trade mark – Application for EU word mark SIENNA SELECTION – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-266/20 Global Chartered Controller Institute v EUIPO – CFA Institute (CCA CHARTERED CONTROLLER ANALYST CERTIFICATE)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCA CHARTERED CONTROLLER ANALYST CERTIFICATE – Earlier EU word mark CFA and earlier EU figurative mark CFA CHARTERED FINANCIAL ANALYST – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Relevant public – Level of attention
Case T-396/20 Riviera-Airport v EUIPO – Aéroports de la Côte d'Azur (RIVIERA AIRPORTS)
EU trade mark – Invalidity proceedings – EU figurative mark RIVIERA AIRPORTS – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-398/20 Riviera-Airport v EUIPO – Aéroports de la Côte d'Azur (RIVIERA AIRPORT)
EU trade mark – Invalidity proceedings – EU figurative mark RIVIERA AIRPORT – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-453/20 KZ v Commission
Civil service – Officials – 2019 promotion exercise – Decision not to promote – General provisions for implementing Article 45 of the Staff Regulations – Plea of illegality – Leave on personal grounds – Ineligibility for promotion
Case T-512/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
Case T-564/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
Case T-565/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
Case T-695/17 Italy and Spain v Commission
Rules on languages – Notice of open competitions for the recruitment of German-language translators, French-language translators, Italian-language translators and Dutch-language translators – Restriction of the choice of languages 2 and 3 in the competitions to German, English and French – Regulation No 1 – Article 1d(1) and (6), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Interests of the service – Proportionality – Obligation to state reasons
Joined Cases T-281/19 and T-351/19 Cyprus v EUIPO – Filotas Bellas & Yios (Halloumi Vermion)
EU trade mark – Invalidity proceedings – EU figurative mark Halloumi χαλλούμι Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927 – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Relative ground for invalidity – Article 53(1)(a) and Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) and (5) of Regulation 2017/1001)
Case T-586/19 PL v Commission
Civil service – Officials – Career development report – 2017 assessment exercise – Appointment of the assessor – Article 22a of the Staff Regulations – General implementing provisions for Article 43 of the Staff Regulations – Duty to have regard for the welfare of officials – Reasonable time – Principle of impartiality – Article 41 of the Charter of Fundamental Rights – Obligation to state reasons – Article 26 of the Staff Regulations – Rights of the defence
Case T-678/19 Health Product Group v EUIPO – Bioline Pharmaceutical (Enterosgel)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark Enterosgel – No bad faith – Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-867/19 RA v Court of Auditors
Civil service – Officials – Promotion – 2016 promotion exercise – Decision not to promote the applicant to grade AD 11 – Absence of staff report – Comparison of merits – Compliance with a judgment of the General Court – Adoption of a new decision not to promote – Obligation to state reasons – Article 45 of the Staff Regulations – Manifest error of assessment
Case T-196/20 Chanel v EUIPO – Innovative Cosmetic Concepts (INCOCO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark INCOCO – Earlier national word marks COCO – 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)
Case T-215/20 Fidia farmaceutici v EUIPO – Ioulia and Irene Tseti Pharmaceutical Laboratories (HYAL)
EU trade mark – Invalidity proceedings – EU word mark HYAL – Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 59(1)(a) of Regulation (EU) 2017/1001) – Absolute ground for refusal – Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Audi alteram partem rule – Obligation to state reasons – Sound administration and equal treatment – Article 165(1) of Regulation 2017/1001
Case T-368/20 Smiley Miley v EUIPO – Cyrus Trademarks (MILEY CYRUS)
EU trade mark – Opposition proceedings – Application for EU word mark MILEY CYRUS – Earlier EU figurative mark CYRUS – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-415/20 KT v EIB
Civil service – EIB staff – Disciplinary proceedings – Summary dismissal for grave misconduct – Rights of the defence – Hearing of witnesses – Delegation of power – Preparation of the contested decision – Reasonable period of time – Impartiality – Protection of personal data – Proportionality
Case T-420/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT8)
EU trade mark – Opposition proceedings – Application for EU word mark GT8 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-421/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT3)
EU trade mark – Opposition proceedings – Application for EU word mark GT3 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-422/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT5)
EU trade mark – Opposition proceedings – Application for EU word mark GT5 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-423/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT9)
EU trade mark – Opposition proceedings – Application for EU word mark GT9 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-481/20 Magnetec v EUIPO (CoolTUBE)
EU trade mark – Application for the EU word mark CoolTUBE – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-487/20 Rezon v EUIPO (imot .bg)
EU trade mark – Application for the EU figurative mark imot.bg – Absolute grounds for refusal – Lack of distinctiveness – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 – Partial confirmatory decision
Case T-533/20 Green Power Technologies v ECSEL Joint Undertaking
Case T-558/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT10)
EU trade mark – Opposition proceedings – Application for EU word mark GT10 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-95/21 R Portugal v Commission
Interim relief – State aid – Aid scheme implemented by Portugal in favour of the Madeira Free Zone – Application of that aid scheme in breach of Commission Decisions C(2007) 3037 final and C(2013) 4043 final – Decision declaring the aid scheme incompatible with the internal market and ordering the recovery of aid – Application for interim measures – Lack of urgency
Case T-207/21 R Polynt v ECHA
Application for interim measures – REACH – Hexahydro-4-methylphthalic anhydride substance – Obligation to register – Evaluation of dossiers – Examination of testing proposals – Obligation to provide certain information requiring animal testing – Application for interim measures – Lack of urgency
Case T-728/20 OM v Commission
Action for annulment – Civil service – Officials – Social security – JSIS – Reimbursement of medical expenses – Rejection of the application – Rejection of the complaint – Substitution of grounds – Lodging of a second complaint – Time limit for bringing an action – Inadmissibility
Case T-554/16 BZ v ECB
Public service – ECB staff – Application for recognition of the occupational origin of a disease – Articles 6.3.11 to 6.3.13 of the ECB Staff Rules – Irregularity of the procedure – No inquiry report – Non-contractual liability
Case T-226/18 Global Silicones Council and Others v Commission
REACH – Updating of Annex XVII to Regulation (EC) No 1907/2006 concerning restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles – Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) – Manifest error of assessment – Annex XIII to Regulation No 1907/2006 – Weight-of-evidence determination – Article 68 of Regulation No 1907/2006 – Unacceptable risk – Proportionality – Essential procedural requirements
Case T-519/18 Global Silicones Council and Others v ECHA
REACH – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexsiloxane (D6) in that list – Articles 57 and 59 of Regulation No 1907/2006 – Annex XIII to Regulation No 1907/2006 – Weight-of-evidence determination – Manifest error of assessment – Proportionality
Case T-265/19 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Italy – Clearance of the accounts – Conformity clearance – Financial corrections – Regulation (EU) No 1306/2013 – Risk of financial loss – Regulation (EC) No 1290/2005 – Regulation (EC) No 885/2006 – Primary administrative or judicial finding – Existence of an irregularity
Case T-624/19 Welter's v EUIPO (Shape of a handgrip with bristles)
EU trade mark – Application for three-dimensional EU trade mark – Shape of a handgrip with a brush – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-641/19 FD v Joint undertaking Fusion for Energy
Civil service – Temporary staff – Fixed-term contract – Decision not to renew – Psychological harassment – Misuse of powers – Duty to have regard for the welfare of staff – Equal treatment – Responsibilities
Case T-709/19 GW v Court of Auditors
Civil service – Officials – Official in a state of total permanent invalidity – Periodic medical examination – Arrangements – Application for the matter to be referred to the Invalidity Committee – Refusal – Article 15 of Annex VIII to the Staff Regulations – Conclusion No 273/15 of the Committee of Heads of Administration – Duty to have regard for the welfare of officials
Case T-746/19 GY v ECB
Civil service – ECB staff – Remuneration – Household allowance – Amendment of the scheme applicable – Rejection of the 2019 application – Plea of illegality – Equal treatment – No transitional measures
Case T-15/20 Skyliners v EUIPO – Sky (SKYLINERS)
EU trade mark – Opposition proceedings – Application for EU word mark SKYLINERS – Earlier EU word marks SKY – Relative ground for refusal – Article 8(1)(b) and Article 41(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 46(1)(a) of Regulation (EU) 2017/1001) – Entitlement to file the opposition
Case T-51/20 Mélin v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Plea of illegality – Rights of the defence – Error of fact
Case T-204/20 Zoom v EUIPO – Facetec (ZOOM)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark ZOOM – Earlier EU figurative and word marks ZOOM – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-227/20 Biovene Cosmetics v EUIPO – Eugène Perma France (BIOVÈNE BARCELONA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIOVÈNE BARCELONA – Earlier EU word mark BIORENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-232/20 Biovene Cosmetics v EUIPO – Eugène Perma France (BIOVÈNE)
EU trade mark – Opposition proceedings – Application for the EU word mark BIOVÈNE – Earlier EU word mark BIORENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-285/20 MCM Products v EUIPO – The Nomad Company (NOMAD)
EU trade mark – Invalidity proceedings – European Union word mark NOMAD – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-290/20 Ceramica Flaminia v EUIPO – Ceramica Cielo (goclean)
EU trade mark – Invalidity proceedings – EU figurative mark goclean – Absolute ground for refusal – No distinctive character – Article 52(1)(a) and Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and Article 7(1)(b) of Regulation (EU) 2017/1001) – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – No distinctive character acquired through use – Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001)
Case T-362/20 Acciona v EUIPO – Agencia Negociadora PB (REACCIONA)
EU trade mark – Revocation proceedings – EU word mark REACCIONA – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Existence of domestic legal proceedings – No proper reason for non-use
Case T-373/20 Framery v EUIPO – Smartblock (Transportable building)
Community design – Invalidity proceedings – Community design representing a transportable building – Earlier designs – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – No different overall impression – Article 6(1)(b) and Article 25(1)(b) of Regulation No 6/2002 – Obligation to state reasons
Case T-501/20 Makk v EUIPO – Ubati Luxury Cosmetics (PANTA RHEI)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PANTA RHEI – Earlier EU word mark PANTA RHEI – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-531/20 Wolf Oil v EUIPO – Rolf Lubricants (ROLF)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ROLF – Earlier international mark Wolf – 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) – Obligation to state reasons – Right to be heard
July 2021
Case T-692/15 RENV HTTS v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures against Iran – List of persons and entities subject to the freezing of funds and economic resources – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
Case T-455/17 Bateni v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures against Iran – List of persons and entities subject to the freezing of funds and economic resources – Jurisdiction of the General Court – Limitation – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
Case T-668/19 Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink)
EU trade mark – Application for EU trade mark consisting of a combination of sounds on opening a can of soft drink – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Article 95(1) of Regulation 2017/1001
Language of the case: German
Case T-248/18 Cabello Rondón v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment – Freedom of expression
Language of the case: English
Case T-35/19 Benavides Torres v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the lists – Error of assessment
Language of the case: English
Case T-65/19 AI v ECDC
Civil service – ECDC staff – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Scope of the duty to provide assistance – Article 24 of the Staff Regulations – Resignation of the perpetrator of the behaviour complained of – Failure to open a disciplinary procedure – Article 86 of the Staff Regulations – Reply to a request for assistance – Action for annulment – Act adversely affecting an official – Infringement of the right to be heard – No statement of reasons – Denial of access to the investigation report and other documents – Article 41 of the Charter of Fundamental Rights – Liability
Language of the case: English
Case T-185/19 Public.Resource.Org and Right to Know v Commission
Access to documents – Regulation (EC) No 1049/2001 – Harmonised standards – Documents concerning four harmonised standards approved by CEN – Refusal to grant access – Exception relating to the protection of the commercial interests of a third party – Protection deriving from copyright
Language of the case: English
Case T-716/19 Interpipe Niko Tube and Interpipe Nizhnedneprovsky Tube Rolling Plant v Commission
Dumping – Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine – Interim review – Calculation of the normal value – Selling, general and administrative costs – Sales between related companies – Ordinary course of trade – Single economic entity – Article 2(3), (4) and (6) of Regulation (EU) 2016/1036 – Export price – Adjustment – Functions similar to those of an agent working on a commission basis – Article 2(10)(i) of Regulation 2016/1036 – Manifest error of assessment – Methodology different from that used in a previous investigation – Article 11(9) of Regulation 2016/1036 – Legitimate expectations – Rights of the defence
Language of the case: English
Case T-399/20 Cole Haan v EUIPO – Samsøe & Samsøe Holding (Ø)
EU trade mark – Opposition proceedings – Application for EU figurative mark Ø – Earlier international figurative mark ɸ – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
Case T-488/20 Guerlain v EUIPO (Shape of an oblong, tapered and cylindrical lipstick)
EU trade mark – Application for registration of a three-dimensional EU trade mark – Shape of an oblong, tapered and cylindrical lipstick – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: French
Case T-677/20 Ryanair and Laudamotion v Commission (Austrian Airlines; Covid-19)
State aid – Austrian air transport market – Aid granted by Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision not to raise any objections – Aid previously granted to the parent company of the recipient – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
Information (on unpublished decisions)
Case T-777/19 R Bourel and Others v Commission
Application for interim measures – State aid – Construction of wind farms – Individual aid measures granted by France to several marine wind farms – Decision declaring the aid compatible with the internal market – Start of work – Application for interim measures – No urgency
Case T-587/16 RENV HM v Commission
Civil service – Officials – Recruitment – Competition notice EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time – Division of competences between EPSO and the competition selection board – Interest in bringing proceedings
Case T-680/19 Irish Wind Farmers' Association and Others v Commission
State aid – Energy sector – Irish legislation on business property taxation – Method for calculating the amount of the tax owed by fossil fuel electricity producers – Complaint from wind farm operators – Decision finding that there is no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of the interested parties
Case T-28/20 ID v EEAS
Civil service – Members of the contract staff – Decision to dismiss before the end of the probationary period – Obvious inadequacy – Inappropriate conduct – Article 84 of the CEOS
Case T-205/20 Frommer v EUIPO – Minerva (I-cosmetics)
EU trade mark – Revocation proceedings – EU word mark I-cosmetics – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-267/20 Arbuzov v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
Case T-268/20 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
Case T-269/20 Pshonka v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State respected the rights of the defence and the right to effective judicial protection
Case T-386/20 Micron Technology v EUIPO (INTELLIGENCE, ACCELERATED)
EU trade mark – Application for EU word mark INTELLIGENCE, ACCELERATED – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-464/20 Eggy Food v EUIPO (YOUR DAILY PROTEIN)
EU trade mark – Application for the EU figurative mark YOUR DAILY PROTEIN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-492/20 S. Tous v EUIPO – Zhejiang China-Best Import & Export (Lamp)
Community design – Invalidity proceedings – Registered Community design representing a lamp – Earlier EU figurative marks representing a teddy bear – Grounds for invalidity – Article 25(1)(b) and (e) of Regulation (EC) No 6/2002
Case T-75/21 Mendes de Almeida v Council
Action for annulment – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Portugal – Period for instituting proceedings – Starting point of the period for instituting proceedings – Inadmissibility
Case T-357/20 Kozhuvchanka uvoz-izvoz Kavadarci v EUIPO (NASHE MAKEDONSKO PILSNER BEER MACEDONIAN PREMIUM BEER)
EU trade mark – Application for the EU figurative mark NASHE MAKEDONSKO PILSNER BEER MACEDONIAN PREMIUM BEER – Absolute ground for refusal – Descriptiveness – Geographical origin – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-866/19 Ryanair and Laudamotion v Commission
Action for annulment – Air transport – Regulation (EC) No 1008/2008 – Rules on the distribution of air traffic between Schiphol and Lelystad Airports – Priority for the allocation of slots to Lelystad Airport – Regulatory act entailing implementing measures – Not individually concerned – Inadmissibility
Case T-230/21 R Jalkh v Parliament
Interim measures – Law governing the institutions – Member of the European Parliament – Privileges and immunities – Waiver of parliamentary immunity – Application for suspension of operation of a measure – No urgency
Case T-245/18 Benavides Torres v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
Case T-246/18 Moreno Pérez v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
Case T-247/18 Lucena Ramírez v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
Case T-249/18 Saab Halabi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
Case T-550/18 Harrington Padrón v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Error of assessment – Right to property
Case T-551/18 Oblitas Ruzza v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
Case T-552/18 Moreno Reyes v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment
Case T-553/18 Rodríguez Gómez v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
Case T-554/18 Hernández Hernández v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
Case T-32/19 Harrington Padrón v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the lists – Error of assessment
Case T-164/19 AQ v eu-LISA
Civil service – Members of the temporary staff – Sick leave – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Duty of care – Article 34 of the Charter of Fundamental Rights – Liability – Material harm – Non-material harm – Causal link
Case T-253/19 BG v Parliament
Civil service – Accredited parliamentary assistants – Termination of the contract – Breakdown in the relationship of trust – Obligation to state reasons – Right to be heard – Psychological harassment – Request for assistance – Retaliation – Manifest errors of assessment – Liability
Case T-632/19 DD v FRA
Civil service – Members of the temporary staff – Claims for damages – Non-material damage – Implementation of the judgments of the Civil Service Tribunal and of the General Court
Case T-648/19 Nike European Operations Netherlands and Converse Netherlands v Commission
State aid – Aid implemented by the Netherlands in favour of Nike – Tax rulings – Decision to initiate the formal investigation procedure – Arm’s length principle – Advantage – Selective nature – Equal treatment – Good administration – Inadequate preliminary examination – Serious difficulties – Obligation to state reasons
Case T-670/19 Carbajo Ferrero v Parliament
Civil service – Officials – Procedure of appointment to a director’s post – Notice of vacancy – Rejection of the applicant’s application and appointment of another applicant – Obligation to state reasons – Plea of illegality in respect of the measures setting the internal rules of procedure – Irregularity of the recruitment procedure – Manifest error of assessment – Inaccuracy of the information sent to the Appointing Authority – Transparency – Equal treatment – Liability – Material and non-material damage
Case T-810/19 Victoria's Secret Stores Brand Management v EUIPO – Yiwu Dearbody Cosmetics (BODYSECRETS)
EU trade mark – Invalidity proceedings – EU figurative mark BODYSECRETS – Absolute grounds for refusal – No distinctive character – Descriptive character – Customary nature – Article 7(1)(b), (c) and (d), and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (d), and Article 59(1)(a) of Regulation 2017/1001)
Case T-65/20 Kneissl Holding v EUIPO – LS 9 (KNEISSL)
EU trade mark – Revocation proceedings – EU word mark KNEISSL – Partial revocation – No genuine use of the mark – Extent of use – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Rule 22(3) of Regulation (EC) No 2868/95 (now Article 10(3) of Delegated Regulation (EU) 2018/625) – Abuse of rights
Case T-75/20 Abitron Germany v EUIPO – Hetronic International (NOVA)
EU trade mark – Invalidity proceedings – EU word mark NOVA – Non-registered earlier national trade mark NOVA – Relative ground for refusal – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively) – Reference to the national law governing the earlier mark – Absolute ground for refusal – No bad faith – Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-79/20 AI v ECDC
Action for annulment and for damages – Civil service – ECDC staff – Psychological harassment – Article 12a of the Staff Regulations – Damage to reputation – Request for assistance – Article 24 of the Staff Regulations – Dismissal of application – Right to be heard – Absence of prima facie evidence – Duty of care – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-119/20 IN v Eismea
Civil service – Members of the temporary staff – Fixed-term contract – Decision not to renew – Appraisal – Right to be heard – Duty to have regard for the welfare of officials – Manifest error of assessment – Reasonable time – Liability – Non-material damage
Case T-170/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
Case T-171/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
Case T-172/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
Case T-181/20 Griba v CPVO (Stark Gugger)
Plant varieties – Application for a Community plant variety right for the Stark Gugger apple variety – Technical examination – Testing location – Equal treatment – Rights of the defence – Obligation to state reasons
Case T-182/20 Griba v CPVO (Gala Perathoner)
Plant varieties – Application for a Community plant variety right for the Gala Perathoner apple variety – Technical examination – Testing location – Equal treatment – Rights of the defence – Obligation to state reasons
Case T-197/20 JT v EUIPO – Carrasco Pirard and Others (QUILAPAYÚN)
EU trade mark – Opposition proceedings – Application for the EU figurative mark QUILAPAYÚN – Relative ground for refusal – No well-known mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
Case T-297/20 Fashioneast and AM.VI. v EUIPO – Moschillo (RICH JOHN RICHMOND)
EU trade mark – Revocation proceedings – EU figurative mark RICH JOHN RICHMOND – Absence of genuine use of a trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in a form differing in elements which alter the distinctive character of the mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001)
Case T-389/20 KO v Commission
Civil service – Members of the temporary staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Period of training
Case T-527/20 Aldi v EUIPO (CUCINA)
EU trade mark – Application for the EU figurative mark CUCINA – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-562/20 Upper Echelon Products v EUIPO (Everlasting Comfort)
EU trade mark – International registration designating the European Union – Word mark Everlasting Comfort – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-622/20 Aldi v EUIPO (Cachet)
EU trade mark – Application for the EU word mark Cachet – Absolute grounds for refusal – Descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-740/20 Arnautu v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Plea of illegality – Rights of the defence – Error of assessment
Case T-749/20 Veronese v EUIPO – Veronese Design Company (VERONESE)
EU trade mark – Invalidity proceedings – EU figurative mark VERONESE – Earlier EU word mark VERONESE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation 207/2009 (now Article (8)(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Decision adopted following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – res judicata
Case T-455/20 Roxtec v EUIPO – Wallmax (Representation of an orange square containing seven concentric black circles)
EU trade mark – Invalidity proceedings – EU figurative mark depicting an orange square containing seven concentric black circles – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
Case T-130/21 R CCPL and Others v Commission
Interim relief – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision imposing fines – Financial guarantee – 2006 Guidelines on the method for setting fines – Ability to pay – Application for suspension of operation of a measure – No prima facie case
Case T-189/21 R Aloe Vera of Europe v Commission
Interim measures – Regulation (EC) No 1925/2006 – Substances prohibited, restricted or under Community scrutiny – Regulation (EU) 2021/468 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Application for suspension of operation of a measure – No urgency
Case T-285/21 R Alliance française de Bruxelles-Europe and Others v Commission
Case T-146/20 Csordas and Others v Commission
Action for annulment – Civil service – Officials – Regularity of the elections for the Luxembourg local section of the Commission’s Staff Committee – Presentation of a joint list of six trade unions or professional organisations – Supervisory obligation of the institution – Action manifestly lacking any foundation in law
Case T-634/20 UPTR v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1055 – International road haulage market – Cabotage – Trade association – Legal standing – Lack of individual concern – Inadmissibility
Case T-645/20 Dual Star Logistic and Others v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment of undertakings – Return of vehicles to the operational centre in the Member State of origin within a maximum period of eight weeks – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility
Case T-646/20 NG and Others v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1054 – Driver’s rest periods – Impossibility of taking certain rest periods in the vehicle – Return to the employer’s operational centre or to the place of residence for certain rest periods – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility
Case T-249/21 R SN v Parliament
Interim measures – Member of the European Parliament – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility – No urgency
Case T-272/21 R Puigdemont i Casamajó and Others v Parliament
Interim relief – Institutional law – Member of Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Application for suspension of operation of a measure – No urgency
August 2021
Information (on unpublished decisions)
Case T-760/20 Jakeliūnas v ESMA
Action for annulment and for failure to act – Request to launch an inquiry – Refusal of the President of ESMA – Act not open to challenge – Inadmissibility – Application for an injunction – Lack of jurisdiction
September 2021
Case T-96/20 Gruppe Nymphenburg Consult v EUIPO (Limbic® Types)
EU trade mark – Application for the EU word mark Limbic® Types – Absolute grounds for refusal – Decision taken following the annulment by the General Court of an earlier decision – Referral to the Grand Board of Appeal – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Error of law – Examination of the facts of the Office’s own motion – Article 95(1) of Regulation 2017/1001 – Res judicata – Article 72(6) of Regulation 2017/1001 – Composition of the Grand Board of Appeal
Language of the case: German
Case T-377/20 KN v EESC
Institutional law – Member of the EESC – OLAF investigation into allegations of psychological harassment – Decision to discharge a member from his duties involving the management and administration of staff – Action for annulment – Challengeable act – Admissibility – Measure taken in the interest of the service – Legal basis – Rights of the defence – Refusal of access to the annexes to the OLAF report – Disclosure of the substance of the witness statements in the form of a summary – Liability
Language of the case: French
Case T-163/20 DEP Isopix v Parliament
Procedure – Taxation of costs
Language of the case: French
Case T-52/19 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
Language of the case: French
Case T-152/19 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
Language of the case: English
Case T-616/19 REV Katjes Fassin v EUIPO - Haribo The Netherlands & Belgium (WONDERLAND)
Procedure – Application for revision – EU trade mark – Opposition proceedings – Action against a decision of EUIPO partially refusing to register a mark – Withdrawal of the opposition before service of the order dismissing the action – Fact unknown to the applicant and to the General Court – Revision of the order – No need to adjudicate
Language of the case: German
Cases T-337/18 and T-347/18 Laboratoire Pareva and Biotech3D v Commission
Biocidal products – Active substance PHMB (1415; 4.7) – Refusal of approval for product-types 1, 5 and 6 – Conditional approval for product-types 2 and 4 – Risks to human health and the environment – Regulation (EU) No 528/2012 – Article 6(7)(a) and (b) of Delegated Regulation (EU) No 1062/2014 – Harmonised classification of the active substance under Regulation (EC) No 1272/2008 – Prior consultation of the ECHA – Manifest error of assessment – Read-across – Right to be heard
Language of the case: English
Case T-24/19 INC and Consorzio Stabile Sis v Commission
State aid – Italian motorways – Prolongation of concessions for the execution of works – Services of general economic interest – Cap on toll charges – Decision not to raise any objections – Article 106(2) TFEU – Actions brought by competitors of the beneficiary – Abandonment by the Member State of the plan to grant aid – Plan not capable of being implemented as approved – Annulment not procuring any advantage to the applicants – No longer any legal interest in bringing proceedings – No need to adjudicate
Language of the case: English
Case T-359/19 Daimler v Commission
Environment – Regulation (EC) No 443/2009 – Implementing Regulation (EU) No 725/2011 – Implementing Decision (EU) 2015/158 – Implementing Decision (EU) 2019/583 – Carbon dioxide emissions – Testing methodology – Passenger cars
Language of the case: German
Case T-777/19 CAPA and Others v Commission
State aid – Individual aid measures for the operation of offshore wind farms – Obligation to purchase electricity at a price higher than the market price – Preliminary investigation procedure – Decision not to raise any objections – Action for annulment – Article 1(h) of Regulation (EU) 2015/1589 – Status of interested party – Fisheries undertakings – Construction of wind farms in fishing grounds – No competitive relationship – No likelihood that granting the aid at issue will have an effect on the interests of fisheries undertakings – No direct individual effect – Inadmissibility
Language of the case: French
Case T-207/20 Residencial Palladium v EUIPO – Palladium Gestion (PALLADIUM HOTELS & RESORTS)
EU trade mark – Invalidity proceedings – EU figurative mark PALLADIUM HOTELS & RESORTS – Conditions governing admissibility of an application for a declaration of invalidity – Article 53(4) of Regulation (EC) No 207/2009 (now Article 60(4) of Regulation (EU) 2017/1001) – Article 56(3) of Regulation No 207/2009 (now Article 63(3) of Regulation 2017/1001)
Language of the case: Spanish
Case T-466/20 LF v Commission
Civil service – Members of the contract staff – Remuneration – Expatriation allowance – Article 4(1)(b) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Duties performed in an international organisation established in the State of employment
Language of the case: French
Joined Cases T-639/14 RENV, T-352/15 and T-740/17 DEI v Commission
State aid – Tariff for electricity supply – Fixing of the tariff invoiced to Alouminion by decision of an arbitration tribunal – Decision to take no further action on the complaint – Decision finding that there is no aid – Act open to challenge – Interested person status – Interest in bringing proceedings – Locus standi – Admissibility – Whether attributable to the State – Advantage – Private operator principle – Serious difficulties
Language of the case: Greek
Case T-425/18 Altice Europe v Commission
Competition – Concentrations – Telecommunications sector – Decision imposing fines for putting into effect a concentration before it has been notified and authorised – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Legal certainty – Legitimate expectations – Principle of legality – Presumption of innocence – Proportionality – Gravity of the infringements – Implementation of the infringements – Exchange of information – Amount of fines – Unlimited jurisdiction
Language of the case: English
Cases T-128/20 and T-129/20 Collibra v EUIPO – Dietrich (COLLIBRA and collibra)
EU trade mark – Opposition proceedings – Applications for the EU word mark COLLIBRA and figurative mark collibra – Earlier national word mark Kolibri – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Second sentence of Article 94(1) of Regulation 2017/1001
Language of the case: English
Case T-169/20 Marina Yachting Brand Management v EUIPO – Industries Sportswear (MARINA YACHTING)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Trade mark involved in insolvency proceedings – Registration of the transfer of the mark – Effects vis-à-vis third parties of bankruptcy or similar proceedings – Competence of EUIPO – Duty of diligence – Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 – Articles 3, 7 and 19 of Regulation (EU) 2015/848
Language of the case: English
Case T-195/20 Sociedade da Água de Monchique v EUIPO – Ventura Vendrell (chic ÁGUA ALCALINA 9,5 PH)
EU trade mark – Opposition proceedings – Application for EU figurative mark chic ÁGUA ALCALINA 9,5 PH – Earlier EU word mark CHIC BARCELONA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: Portuguese
Case T-203/20 Al-Imam v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Rights of the defence – Right to effective judicial protection – Error of assessment – Proportionality – Right to property – Damage to reputation
Language of the case: French
Case T-435/20 JR v Commission
Civil service – Officials – Recruitment – Internal competition COM/03/AD/18 (AD 6) – Decision not to include the applicant’s name on the reserve list for the competition – Obligation to state reasons – Secrecy of the selection board’s proceedings – Weighting of the elements of a test specified in the competition notice
Language of the case: French
Case T-341/18 Nec v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Attribution to the parent company of the infringement committed by its subsidiary – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Increase in the amount of the fine for repeated infringement – Proportionality – Unlimited jurisdiction
Language of the case: English
Case T-342/18 Nichicon Corporation v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Restriction of competition by object – Statement of objections – Point 13 of the 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Single and continuous infringement – Gravity of the infringement – Public distancing – Mitigating circumstances – Unlimited jurisdiction
Language of the case: English
Case T-343/18 Tokin v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Statement of objections – 2006 Guidelines on the method of setting fines – Value of sales – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances
Language of the case: English
Case T-344/18 Rubycon and Rubycon Holdings v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Fines – Partial immunity from fines – Point 26 of the 2006 Leniency Notice – Reduction in the amount of the fine – Point 37 of the 2006 Guidelines on the method of setting fines – Ceiling of 10% of turnover – Unlimited jurisdiction
Language of the case: English
Case T-363/18 Nippon Chemi-Con Corporation v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Rights of the defence and right to be heard – Inalterability of the measure – Single and continuous infringement – Restriction of competition by object – 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances – Point 37 of the 2006 Guidelines on the method of setting fines – Unlimited jurisdiction
Language of the case: English
Case T-279/19 Front Polisario v Council
External relations – International agreements – Euro-Mediterranean Association Agreement EC-Morocco – Agreement in the form of an Exchange of Letters on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Decision approving the conclusion of the agreement – Action for annulment – Admissibility – Capacity to bring legal proceedings – Direct concern – Individual concern – Territorial scope – Jurisdiction – Court’s interpretation of international law – Principle of self-determination – Principle of the relative effect of treaties – Possibility of relying on these principles – Concept of consent – Application – Discretion – Limits – Maintenance of the effects of the contested decision
Language of the case: French
Joined Cases T-344/19 and T-356/19 Front Polisario v Council
External relations – International agreements – Euro-Mediterranean Association Agreement EC-Morocco – Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco – Implementation protocol to the Partnership Agreement – Exchange of Letters accompanying the Partnership Agreement – Conclusion decision – Regulation on the allocation of fishing opportunities among the Member States – Action for annulment – Admissibility – Capacity to bring legal proceedings – Direct concern – Individual concern – Territorial scope – Jurisdiction – The Court’s interpretation of international law – Principle of self-determination – Principle of the relative effect of treaties – Possibility of relying on those principles – Concept of consent – Implementation – Discretion – Limits – Maintenance of the effects of the contested decision
Language of the case: French
Case T-569/19 AlzChem Group v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the recovery of State aid following a decision declaring the aid incompatible with the internal market and ordering its recovery – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Principle of non-discrimination – Obligation to state reasons
Language of the case: English
Case T-116/20 Società agricola Vivai Maiorana and Others v Commission
Agriculture – Regulation (EU) 2016/2031 – Protective measures against pests of plants – List of Union regulated non-quarantine pests – Threshold above which the presence of a Union regulated non-quarantine pest on plants for planting has an unacceptable economic impact – Implementing Regulation (EU) 2019/2072 – Professional associations – Action for annulment – Locus standi – Admissibility – Proportionality – Obligation to state reasons
Language of the case: Italian
Information (on unpublished decisions)
Case T-517/19 Homoki v Commission
Case T-834/19 e*Message Wireless Information Services v EUIPO – Apple (e*message)
EU trade mark – Invalidity proceedings – EU figurative mark e*message – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Declaration of invalidity – Provisions applicable ratione temporis – Application of subsequent case-law – Article 17 of the Charter of Fundamental Rights – Principles of protection of legitimate expectations and of legal certainty
Case T-23/20 FF IP v EUIPO – Seven (the DoubleF)
EU trade mark – Opposition proceedings – Application for EU figurative mark the DoubleF – Earlier EU word mark THE DOUBLE – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-463/20 Sony Interactive Entertainment Europe v EUIPO – Wong (GT RACING)
EU trade mark – Opposition proceedings – Application for EU word mark GT RACING – Earlier EU figurative trade mark representing bold curved, vertical and horizontal lines – Earlier EU word mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Earlier non-registered national marks – Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) – Rules governing common-law action for passing off – No misrepresentation – Use in the course of trade of more than mere local significance – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom
Case T-561/20 Sony Interactive Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark – Revocation proceedings – EU word mark Vita – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in connection with the goods in respect of which the mark was registered
Case T-566/20 Residencial Palladium v EUIPO – Palladium Gestion (PALLADIUM HOTEL GARDEN BEACH)
EU trade mark – Invalidity proceedings – EU figurative mark PALLADIUM HOTEL GARDEN BEACH – Earlier national trade name GRAND HOTEL PALLADIUM – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
Case T-697/20 Bimbo Donuts Iberia v EUIPO – Hijos de Antonio Juan (DONAS DULCESOL)
EU trade mark – Opposition proceedings – Application for EU word mark DONAS DULCESOL – Earlier national word mark DONAS – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Lack of proof of genuine use of earlier mark – Classification of the goods in respect of which genuine use has been shown – Article 47(2) and (3) of Regulation 2017/1001
Case T-277/20 MKB Multifunds v Commission
Action for annulment – State aid – Private equity fund – Complaint – Measures allegedly constituting State aid related to Dutch Venture Initiative – Decision adopted at the end of the preliminary procedure for reviewing aid – Decision finding that there is no State aid – Status as an interested party – Safeguarding of procedural rights – Inadmissibility
Case T-328/18 Naturgy Energy Group v Commission
State aid – Environmental incentive adopted by Spain in favour of coal-fired power plants – Decision to initiate the procedure laid down by Article 108(2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective nature
Case T-355/18 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
Case T-193/19 Achema and Achema Gas Trade v Commission
State aid – Aid to Litgas for the supply of a minimum quantity of LNG to the LNG terminal at the sea port of Klaipėda – Decision not to raise objections – Safeguarding procedural rights – EU framework for State aid in the form of public service compensation – Service of general economic interest – Compensation for a service of general economic interest – Boil-off costs – Balancing costs – Security of supply – Article 14 of Directive 2004/18/EC – Body of consistent evidence
Case T-554/19 Spain v Commission
Rules on languages – Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting – Restriction of the choice of language 2 of the competition 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
Case T-630/19 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
Case T-84/20 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
Case T-85/20 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
Case T-86/20 Qx World v EUIPO – Mandelay (SCIO)
EU trade mark – Invalidity proceedings – EU word mark SCIO – Earlier non-registered mark SCIO – 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
Case T-154/20 IY 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
Case T-155/20 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
Case T-156/20 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
Case T-458/20 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
Case T-459/20 SBG v EUIPO – VF International (GEOGRAPHICAL NORWAY EXPEDITION)
EU trade mark – Invalidity proceedings – EU figurative mark GEOGRAPHICAL NORWAY EXPEDITION – Absolute ground for refusal – Absolute ground for invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Bad faith – Obligation to state reasons
Case T-460/20 SBG v EUIPO – VF International (Geographical Norway)
EU trade mark – Invalidity proceedings – EU figurative mark Geographical Norway – Absolute ground for refusal – Absolute ground for invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Bad faith – Obligation to state reasons
Case T-461/20 SBG v EUIPO – VF International (GEOGRAPHICAL NORWAY)
Case T-489/20 Eos Products v EUIPO (Shape of a spherical container)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a spherical container – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2007/1001)
Case T-493/20 Sfera Joven v EUIPO – Koc (SFORA WEAR)
EU trade mark – Opposition proceedings – Application for EU word mark SFORA WEAR – Earlier EU figurative marks Sfera KIDS and Sfera – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-555/20 QB v ECB
Civil service – ECB staff – Appraisal report – 2015 appraisal exercise – Compliance with a judgment of the General Court – Article 266 TFEU – Duty of impartiality – ECB staff appraisal guide – Manifest errors of assessment – Liability
Case T-584/20 Cara Therapeutics v EUIPO – Gebro Holding (KORSUVA)
EU trade mark – Opposition proceedings – Application for the EU word mark KORSUVA – Earlier national word mark AROSUVA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-10/21 Griesbeck v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Rights of the defence – Error of assessment – Proportionality
Case T-881/19 GABO:mi v Commission
Arbitration clause – Sixth and Seventh Framework Programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Grant agreements – Set-off of claims – Identification of the defendant – Failure to comply with procedural requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
Case T-691/20 Kühne v Parliament
Action for annulment – Civil service – Officials – Mobility regime – Request concerning the mobility obligation – Act not open to challenge – Inadmissibility
Case T-654/20 Silex v Commission and EISMEA
Action for annulment – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Debit note issued by EASME – Identification of the defendant – Inadmissibility
Case T-722/20 Far Polymers and Others v Commission
Action for annulment – Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Lack of direct concern – Lack of individual concern – Legislative act involving implementing measures – Inadmissibility
Case T-364/15 ADR Center v Commission
Financial aid – General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 – Specific Programme ‘Civil Justice’ – Action for annulment – Enforceable decision – Grant agreements – Recovery of part of the financial contribution paid – Action for a declaratory judgment – Arbitration clause – Force majeure – Eligible costs – Proportionality – Obligation to state reasons
Case T-700/19 Ghaoud v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of the applicant’s name on the lists – Obligation to state reasons – Error of assessment – Death of the applicant
Cases T-720/19 to T-725/19 Ashworth and Others v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Amendment of the additional voluntary pension scheme – Notice fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
Case T-852/19 Albéa Services v EUIPO – dm-drogerie markt (ALBÉA)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ALBÉA – Earlier international registration designating the European Union – Word mark Balea – Relative ground for refusal – Likelihood of confusion – Distinctiveness of the earlier international registration designating the European Union – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-95/20 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-97/20 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-101/20 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-102/20 Kampete v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-103/20 Mutondo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-104/20 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-105/20 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-106/20 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-107/20 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-109/20 Numbi v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-110/20 Kanyama v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
Case T-127/20 France v ECHA
REACH – Substance evaluation – Aluminium chloride – Aluminium chloride, basic – Aluminium sulphate – ECHA decisions requesting further information – Article 46(1) of Regulation (EC) No 1907/2006 – Appeal brought before the Board of Appeal – Multiple grounds for the decision of the Board of Appeal – Grounds capable of justifying the decision – Inoperative nature of the pleas directed against the other grounds
Cases T-240/20 to T-245/20 Arnaoutakis and Others v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Refusal to grant a voluntary additional pension – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired and future entitlements – Proportionality – Equal treatment – Legal certainty
Case T-274/20 MHCS v EUIPO – Lidl Stiftung (Shade of the colour orange)
EU trade mark – Invalidity proceedings – EU figurative mark depicting a shade of the colour orange – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Examination of the facts of the EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – Nature of the mark – Colour mark – Right to be heard – Article 94 of Regulation 2017/1001
Case T-331/20 Laboratorios Ern v EUIPO – Le-Vel Brands (Le-Vel)
EU trade mark – Opposition proceedings – Application for the EU word mark Le-Vel – Earlier national word mark LEVEL – Relative ground for refusal – No likelihood of confusion – No similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-673/20 Celler Lagravera v EUIPO – Cyclic Beer Farm (Cíclic)
EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-688/20 Freshly Cosmetics v EUIPO – Misiego Blázquez (IDENTY BEAUTY)
EU trade mark – Opposition proceedings – Application for EU figurative mark IDENTY BEAUTY – Earlier national figurative mark IDENTITY THE IMAGE CLUB – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-702/20 Beelow v EUIPO (made of wood)
EU trade mark – Application for EU word mark made of wood – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-486/20 H&H v EUIPO – Giuliani (Swisse)
EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Cross-claim – Subject matter of the action – No interest in bringing proceedings – Inadmissibility
Case T-187/21 R Firearms United Network and Others v Commission
Application for interim relief – REACH – Amendment of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead and lead compounds – Use of lead shot – Protection of wetlands – Application for suspension of operation of a measure – No urgency
Case T-752/16 NLMK v Commission
Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Elimination of injury – Rights of the defence – Equality of arms – Principle of good administration – Obligation to state reasons – Proportionality – Manifest errors of assessment
Case T-753/16 Severstal v Commission
Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 2(3), (4), (9), (10) and (12) of Regulation No 1225/2009 (now Article 2(3), (4), (9), (10) and (12) of Regulation 2016/1036) – Calculation of the normal value, the export price and the dumping margin – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of the existence of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Injury elimination – Rights of the defence – Principle of good administration – Proportionality – Manifest errors of assessment
Case T-591/19 Healios v EUIPO – Helios Kliniken (Healios)
EU trade mark – Opposition proceedings – Application for EU figurative mark Healios – Earlier EU word mark HELIOS – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article (8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-173/20 Henry Cotton's Brand Management v EUIPO – Industries Sportswear (Henry Cotton’s)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Trade marks involved in insolvency proceedings – Registration of the transfers of the marks – Effects vis-à-vis third parties of bankruptcy or similar proceedings – Competence of EUIPO – Duty of diligence – Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 – Articles 3, 7 and 19 of Regulation (EU) 2015/848
Case T-250/20 Moviescreens Rental v EUIPO – the airscreen company (AIRSCREEN)
EU trade mark – Invalidity proceedings – EU figurative mark airscreen – Absolute grounds for refusal – No descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Distinctive character – Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-503/20 T i D kontrolni sistemi v EUIPO – Sigmatron (Signalling apparatuses and devices)
Community design – Invalidity proceedings – Registered Community design representing signalling apparatuses and devices – Earlier Community design – Ground for invalidity – No individual character – Declaration of invalidity of a prior design – No effect – Disclosure of the earlier design – Informed user – Degree of freedom of the designer – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-685/20 Asian Gear v EUIPO – Multimox (Scooter)
Community design – Invalidity proceedings – Registered community design representing a scooter – Earlier design – Ground for invalidity – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002
Case T-686/20 Asian Gear v EUIPO – Multimox (Scooter)
Community design – Invalidity proceedings – Registered community design representing a scooter – Earlier design – Ground for invalidity – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002
Case T-139/19 Pilatus Bank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Withdrawal of licence – Tasks conferred on the ECB – Action manifestly lacking any foundation in law
Case T-633/20 CNMSE and Others v Parliament and Council
Action for annulment – Public health – Regulation (EU) 2020/1043 – Conduct of clinical trials with medicinal products for human use containing GMOs – Treatment or prevention of the coronavirus disease SARS-CoV-2 (COVID-19) – Concept of legislative act – Concept of regulatory act – No individual concern – Inadmissibility
Case T-648/20 NB v Court of Justice of the European Union
Action for annulment – Civil service – Decision not to appoint the applicant to grade AST 10 – Time limit for lodging a complaint – Delay – Manifest inadmissibility
Case T-611/20 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium extrusions originating in China – Registration of imports – No interest in bringing proceedings – Inadmissibility
Case T-447/18 TUIfly v Commission
State aid – Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly – Airport services – Marketing services – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Private investor test – Article 41 of the Charter of Fundamental Rights – Right of access to the file – Right to be heard
Case T-448/18 Ryanair and Others v Commission
State aid – Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com – Airport services – Marketing services – Decision declaring the aid incompatible with the internal market and ordering its recovery – Concept of State aid – Whether imputable to the State – Advantage – Private investor test – Recovery – Article 41 of the Charter of Fundamental Rights – Right of access to the file – Right to be heard
Case T-619/18 TUIfly v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the review of State aid – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Exception relating to the protection of the commercial interests of a third party – Overriding public interest
Case T-384/19 Parliament v Axa Assurances Luxembourg and Others
Arbitration clause – ‘Construction all-risk’ insurance contract – Extension and renovation of the Konrad Adenauer building in Luxembourg – Damage caused by rainwater – Claim for reimbursement of costs and for payment of the indemnity – Scope of the insurance – Exclusion clause – Ancillary procedural obligations – Procedure by default in part
Case T-60/20 Enosi Mastichoparagogon Chiou v EUIPO (MASTIHACARE)
EU trade mark – International Registration designating the European Union – Word mark MASTIHACARE – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-528/20 Kočner v Europol
Non-contractual liability – Expert reports carried out by Europol for the purposes of national criminal proceedings – Alleged unauthorised disclosure of data – Regulation (EU) 2016/794 – Article 50(1) – Non-material harm – Causal link
Case T-592/20 Univers Agro v EUIPO – Shandong Hengfeng Rubber & Plastic (AGATE)
EU trade mark – Invalidity proceedings – EU word mark AGATE – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-124/21 Mariani and Others v Parliament
Action for annulment – Regulation (EU, Euratom) 2020/2223 – Cooperation with the European Public Prosecutor’s Office and the effectiveness of OLAF investigations – Act not of individual concern – Non-regulatory act – Inadmissibility
October 2021
Case T-827/17 Aeris Invest v ECB
Access to documents – Decision 2004/258/EC – Documents concerning the adoption of a resolution scheme for Banco Popular Español – Partial refusal of access – Exception relating to the protection of the confidentiality of the proceedings of the ECB’s decision-making bodies – Documents reflecting the outcome of the proceedings of the ECB’s decision-making bodies – Obligation to state reasons – Exception relating to the protection of the financial, monetary or economic policy of the European Union or of a Member State – Exception relating to the protection of the stability of the financial system in the European Union or in a Member State – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Concept of ‘confidential information’ – General presumption of confidentiality – Exemptions from the obligation of professional secrecy – Article 47 of the Charter of Fundamental Rights
Language of the case: Spanish
Cases T-351/18 and T-584/18 Ukrselhosprom PCF and Versobank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Breach of legislation on combating money laundering and the financing of terrorism – Admissibility – Powers of the national competent authorities (NCAs) of participating Member States and of the ECB under the Single Supervisory Mechanism (SSM) – Equal treatment – Proportionality – Protection of legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons
Language of the case: English
Case T-745/18 Covestro Deutschland v Commission
State aid – State aid scheme implemented by Germany in favour of certain large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid granted – Action for annulment – Time limit for bringing proceedings – Admissibility – Concept of aid – State resources – Equal treatment – Legitimate expectations
Language of the case: German
Case T-167/19 Tempus Energy Germany and T Energy Sweden v Commission
State aid – Polish electricity market – Capacity mechanism – Decision not to raise any objections – Aid scheme – Article 108(2) and (3) TFEU – Concept of doubts – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Serious difficulties – Article 107(3)(c) TFEU – Guidelines on State aid for environmental protection and energy 2014-2020 – Failure to initiate the formal investigation procedure – Procedural rights of the interested parties – Obligation to state reasons
Language of the case: English
Case T-121/20 IP v Commission
Civil service – Members of the contract staff – OLAF investigation – Reimbursement of medical expenses – Disciplinary penalty – Termination of contract without notice – Article 10(h) of Annex IX to the Staff Regulations – Repeated misconduct – Article 27 of Annex IX to the Staff Regulations – Decision granting a request for the deletion from the personal file of all reference to an earlier penalty – Article 26 of the Staff Regulations – Impossibility of using against an official, and relying on against that official, a penalty, all reference to which has been deleted from the personal file
Language of the case: French
Case T-342/20 Indo European Foods v EUIPO – Chakari (Abresham Super Basmati Selaa Grade One World's Best Rice)
EU trade mark – Opposition proceedings – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered word mark BASMATI – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom – Transition period – Interest in bringing proceedings – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rules governing common law actions for passing off – Likelihood of misrepresentation – Likelihood of dilution of the reputation of the earlier mark
Language of the case: English
Case T-32/21 Daw v EUIPO (Muresko)
EU trade mark – EU word mark Muresko – Earlier national word marks Muresko – Claiming seniority of the earlier national marks after registration of the EU trade mark – Articles 39 and 40 of Regulation (EU) 2017/1001 – Registration of earlier national marks which have expired by the date of the claim
Language of the case: German
Case T-22/20 IB v EUIPO
Civil service – Officials – Disciplinary proceedings – Suspension of the invalidity procedure during the disciplinary proceedings – Removal from post – Invalidity procedure devoid of purpose following the official’s removal from his post – Action for annulment – Act adversely affecting an official – Admissibility – Principle of sound administration – Duty to have regard for the welfare of officials – Manifest error of assessment
Language of the case: French
Case T-712/20 Škoda Investment v EUIPO – Škoda Auto (Representation of an arrow with wing)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing an arrow with wing – Earlier EU figurative mark representing an arrow with wing – Relative ground for refusal – Partial rejection of the opposition – Limited scope of the opposition in the context of the appeal before the Board of Appeal – Partial withdrawal of the opposition – Plea raised by the Board of Appeal of its own motion – Prohibition on ruling ultra petita
Language of the case: English
Case T-19/21 Amazon.com and Others v Commission
Action for annulment – Competition – Abuse of dominant position – Online sales – Decision to open an investigation – Territorial scope of the investigation – Exclusion of Italy – Act not open to challenge – Preparatory act – Inadmissibility
Language of the case: English
Case T-240/18 Polskie Linie Lotnicze 'LOT' v Commission
Competition – Concentrations – Air transport – Decision declaring a concentration to be compatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Absence of commitment – Obligation to state reasons
Language of the case: Polish
Case T-296/18 Polskie Linie Lotnicze 'LOT' v Commission
Language of the case: Polish
Case T-823/19 JMS Sports v EUIPO – Inter-Vion (Spiral hair elastic)
Language of the case: Polish
Case T-220/20 Kerstens v Commission
Civil service – Officials – Disciplinary proceedings – Article 266 TFEU – Administrative investigations – Principle of sound administration – Principle of impartiality – Action for annulment and compensation
Language of the case: French
Case T-329/20 4B Company v EUIPO – Deenz (Pendant (jewellery))
Community design – Invalidity proceedings – Registered Community design representing a pendant (jewellery) – Maintenance of the Community design in an amended form – Article 25(6) of Regulation (EC) No 6/2002 – Interest in bringing proceedings – Inadmissibility
Language of the case: Italian
Information (on unpublished decisions)
Case T-74/20 IJ v Parliament
Case T-613/20 Junqueras i Vies v Parliament
Case T-15/18 OCU v ECB
Access to documents – Decision 2004/258/EC – Documents relating to the adoption of a resolution scheme in respect of Banco Popular Español – Refusal to grant access – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Concept of confidential information – Exemptions from the obligation of professional secrecy – Right to a fair hearing
Case T-196/19 AZ v Commission
State aid – Aid scheme implemented by Germany for some large electricity consumers – Exemption from network charges in respect of the 2012-2013 period – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid – Action for annulment – Period allowed for commencing proceedings – Admissibility – Concept of aid – State resources – Selectivity – Equal treatment – Legitimate expectations
Joined Cases T-233/19 and T-234/19 Infineon Technologies Dresden and Infineon Technologies v Commission
State aid – Aid scheme implemented by Germany for some large electricity consumers – Exemption from network charges in respect of the 2012-2013 period – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid – Action for annulment – Period allowed for commencing proceedings – Admissibility – Concept of aid – State resources
Case T-238/19 Wepa Hygieneprodukte and Others v Commission
State aid – Aid regime implemented by Germany for certain large electricity consumers – Exemption from network charges for the period 2012-2013 – Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted – Action for annulment – Time limit for bringing an action – Admissibility – Concept of ‘aid’ – State resources – Selectivity
Case T-518/19 Sipcam Oxon v Commission
Plant protection products – Active substance chlorothalonil – Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle
Case T-7/20 Global Translation Solutions v Parliament
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Format in which a file submitted in a test is to be uploaded
Case T-43/20 AV and AW v Parliament
Case T-88/20 Rivière and Others v Parliament
Institutional law – European Parliament – Measure adopted by the President of the European Parliament forbidding national flags being placed on the desks of Members of Parliament – Standards of conduct of Members of Parliament – Article 10(3) of the Parliament’s Rules of Procedure – Act not open to challenge – Inadmissibility
Case T-124/20 M/S. Indeutsch International v EUIPO – 135 Kirkstall (Representation of chevrons between two parallel lines)
EU trade mark – Invalidity proceedings – EU figurative mark representing chevrons between two parallel lines – Absolute ground for refusal – Sign of which an EU trade mark may consist – Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(a) of Regulation (EU) 2017/1001) – Distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Obligation to rule on the action – Article 71(1) of Regulation 2017/1001 – Cross-claim
Case T-254/20 Kondyterska korporatsiia "Roshen" v EUIPO – Krasnyj Octyabr (Representation of a lobster)
EU trade mark – Invalidity proceedings – Application for an EU figurative mark representing a lobster – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Article 94 of Regulation 2017/1001
Case T-372/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVEDERM)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark is registered – Use with the consent of the proprietor – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-397/20 Allergan Holdings France v EUIPO – Dermavita Company (JUVEDERM)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark is registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-404/20 Global Translation Solutions v Commission
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Method of evaluation – Manifest error of assessment – Equal treatment – Transparency – Obligation to state reasons – Duty of diligence – Principle of sound administration
Case T-417/20 Esteves Lopes Granja v EUIPO – IVDP (PORTWO GIN)
EU trade mark – Opposition proceedings – Application for EU word mark PORTWO GIN – Earlier designation of origin ‘Porto’ – Concepts of ‘use’ and ‘exploitation’ of a protected designation of origin – Article 103(2)(a)(ii) of Regulation (EU) No 1308/2013
Case T-505/20 Guo v EUIPO – Sand Cph (sandriver)
EU trade mark – Invalidity proceedings – EU figurative mark sandriver – Earlier EU word mark SAND – 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)
Case T-519/20 LP v Parliament
Civil service – Accredited parliamentary assistants – Refusal to offer employment – Conditions of employment – Character references – Manifest error of assessment – Due diligence
Case T-635/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VYBRANCE)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VYBRANCE – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
Case T-636/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VOLUMA)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VOLUMA – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
Case T-637/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VOLITE)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VOLITE – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
Case T-668/20 NZ v Commission
Staff case – Officials – Recruitment – Internal competition COM/1/AD 10/18 – Decision not to include the applicant’s name on the competition reserve list – Obligation to state reasons – Secrecy of the proceedings of the selection board – Broad discretionary power of the selection board – Failure to communicate the intermediate marks and the weighting of the components of the oral test
Case T-3/21 Power Horse Energy Drinks v EUIPO – Robot Energy Europe (UNSTOPPABLE)
EU trade mark – Invalidity proceedings – EU word mark UNSTOPPABLE – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Lack of descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001)
Case T-148/21 R Paccor Packaging and Others v Commission
Interim relief – Environment – Directive (EU) 2019/904 – Reduction of the impact of certain plastic products on the environment – Implementing Regulation (EU) 2020/2151 – Harmonised marking specifications for beverage cups – Application for suspension of operation of a measure – No urgency
Case T-646/16 P RENV-RX Simpson v Council
Appeal – Civil service – Officials – Refusal of the Council to reclassify the person concerned, after he passed an open competition, at the grade laid down in the competition notice – Dismissal of the action on the merits – Appeal – Judgment set aside – Appeal judgment reviewed by the Court of Justice and set aside – Referral back to the General Court as the appeal court – Obligation to state grounds – Equal treatment
Case T-655/18 Aupicon and Others v EEAS
Civil service – Officials – Members of the temporary staff – Members of the contract staff – Remuneration – EEAS staff posted to a third country – Article 10 of Annex X to the Staff Regulations – Annual assessment of the allowance for living conditions – ‘Guidelines establishing the methodology to fix the living conditions allowances’ – Decision fixing the rate of the allowance for living conditions paid to staff posted to Ghana at 20% – Failure to draw up the questionnaire required by the guidelines – Procedural irregularity – Manifest error of assessment
Case T-153/19 European Union Copper Task Force v Commission
Plant protection products – Active substance ‘copper compounds’ – Renewal of approval for placing on the market – Candidates for substitution – Action for annulment – Admissibility – Associations – Proportionality – Precautionary principle – Manifest error of assessment – Expert’s report
Case T-1/20 M. I. Industries v EUIPO – Natural Instinct (INSTINCT)
EU trade mark – Revocation proceedings – EU word mark INSTINCT – No genuine use of the trade mark – Extent of use – Overall assessment of the evidence – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-12/20 Schneider v EUIPO – Frutaria Comercial de Frutas y Hortalizas (Frutaria)
EU trade mark – Revocation proceedings – EU figurative trade mark Frutaria – Genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use – Nature of use
Case T-219/20 JK v Commission
Civil service – Officials – Commission staff working for the EEAS – Request for assistance – Article 24 of the Staff Regulations – Implied decision rejecting the request – Decision rejecting the complaint – Article 90 of the Staff Regulations – Competent Appointing Authority – Principle of sound administration
Case T-429/20 Sedus Stoll v EUIPO – Kappes (Sedus ergo+)
EU trade mark – Opposition proceedings – Application for EU word mark Sedus ergo+ – Earlier national word mark ERGOPLUS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-436/20 Sedus Stoll v EUIPO – Kappes (Sedus ergo+)
EU trade mark – Opposition proceedings – Application for EU word mark Sedus ergo+ – Earlier national and international word marks ERGOPLUS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-523/20 Setarcos Consulting v EUIPO (Blockchain Island)
EU trade mark – Application for the EU word mark Blockchain Island – Absolute ground for refusal – No distinctive character – Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
Case T-591/20 Unimax Stationery v EUIPO – Mitsubishi Pencil (UNI-MAX)
EU trade mark – Invalidity proceedings – EU figurative mark UNI-MAX – Earlier EU figurative marks uni and uni-ball – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-732/20 Freundlieb v EUIPO (CRYSTAL)
EU trade mark – EU word mark CRYSTAL – Failure to apply for renewal of the trade mark registration – Revocation of the trade mark on expiry of the registration – Application for restitutio in integrum – Article 104 of Regulation (EU) 2017/1001 – Duty of care – No review – Failure to comply with time limits
Case T-733/20 Freundlieb v EUIPO (BANDIT)
EU trade mark – EU word mark BANDIT – Failure to apply for renewal of the trade mark registration – Revocation of the trade mark on expiry of the registration – Application for restitutio in integrum – Article 104 of Regulation (EU) 2017/1001 – Duty of care – No review – Failure to comply with time limits
Case T-45/21 Ciano Trading & Services CT & S and Others v Commission
Public service contracts – Tendering procedure – Sustainable restoration for the Commission in Brussels and its surroundings – Annulment of the tendering procedure – Legitimate expectations – Abuse of rights
Case T-100/20 Junqueras i Vies v Parliament
Action for annulment – Law governing the institutions – Member of the Parliament – Privileges and immunities – Request for privileges and immunities to be defended – Decision of the President of the Parliament not to grant that request – No interest in bringing proceedings – Inadmissibility
Case T-208/20 JH v Europol
Action for damages – Civil service – Temporary staff – Europol – Probative value of the evidence – No act adversely affecting the applicant – Irregular nature of the pre-litigation procedure – Inadmissibility
Case T-469/21 R Natale v Italy
Application for interim relief – Dismissal of the main action – No need to adjudicate
Case T-191/16 Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Financial assistance – Sixth framework programme for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002-2006) – Contract concerning Union financial assistance in favour of a project in the field of medical collaboration – Enforceable decision – Competence of the Commission – Grant agreements – Recovery of part of the financial contribution paid – Arbitration clause – Eligible costs – Legitimate expectations
Joined Cases T-671/18 and T-140/19 ZU v Commission
Civil service – Officials – Transfer in the interests of the service – Article 12a of the Staff Regulations – Psychological harassment – Article 25 of the Staff Regulations – Obligation to state reasons – Rights of the defence and the right to be heard – Manifest error of assessment – Principle of sound administration and duty to have regard for the welfare of staff – Article 22a of the Staff Regulations – Misuse of powers – Article 24 of the Staff Regulations – Request for assistance – Refusal of the request – 2017 appraisal exercise – Appraisal report – 2018 promotion exercise – Proposed non-promotion – Liability
Case T-434/19 Rosca v Commission
Civil service – Officials – Recruitment – Notice of competition – Open Competition EPSO/AD/363/18 – Decision of the selection board to exclude the applicant from the next phase of the competition – Obligation to state reasons – Manifest error of assessment – Article 27 of the Staff Regulations – Equal treatment
Case T-790/19 Novolipetsk Steel v Commission
Measures that the European Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures – Importation of cold-rolled flat steel products and hot-rolled flat products of iron, non-alloy or other alloy steel – Modification of regulations imposing anti-dumping or anti-subsidy measures on products subject to safeguard measures – Principle of non-discrimination – Manifest error of assessment
Case T-112/20 Intis v EUIPO – Televes (TELEVEND)
EU trade mark – Invalidity proceedings – EU word mark TELEVEND – Earlier EU word mark TELEVES – 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)
Case T-210/20 Square v EUIPO ($ Cash App)
EU trade mark – International registration designating the European Union – Figurative mark $ Cash App – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Equal treatment and principle of sound administration
Case T-211/20 Square v EUIPO ($ Cash App)
EU trade mark – International registration designating the European Union – Figurative mark $ Cash App – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001
Case T-351/20 St. Hippolyt v EUIPO – Raisioaqua (Vital like nature)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Vital like nature – Earlier EU figurative mark VITAL – 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)
Case T-352/20 St. Hippolyt v EUIPO – Elephant (Strong like nature)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Strong like nature – Earlier EU figurative mark STRONG NATURE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-559/20 Yadex International v EUIPO – Sütas Süt Ürünleri (PINAR Süzme Peynir)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark PINAR Süzme Peynir – Earlier international figurative mark Süzme Peynir – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-560/20 Yadex International v EUIPO – Sütas Süt Ürünleri (PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz – Earlier international figurative mark Süzme Peynir – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-596/20 Roller v EUIPO – Flex Equipos de Descanso (DORMILLO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark DORMILLO – Earlier EU figurative mark DORMILON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-597/20 Roller v EUIPO – Flex Equipos de Descanso (Dormillo)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark Dormillo – Earlier EU figurative mark DORMILON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-599/20 YG v Commission
Civil service – Officials – Promotion – 2019 promotion exercise – Decision not to promote the applicant to grade AST 9 – Article 45 of the Staff Regulations – Comparison of merits – Manifest error of assessment – Duty to state reasons
Case T-617/20 Standardkessel Baumgarte Holding v EUIPO (Standardkessel)
EU trade mark – Application for EU word mark Standardkessel – Absolute grounds for refusal – No descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-497/21 R Girardi v EUIPO
Interim relief – EU trade mark – Professional representation – Application for suspension of operation of a measure – No urgency
Case T-510/20 Fachverband Spielhallen and LM v Commission
State aid – Tax treatment of operators of public casinos in Germany – Complaint – Preliminary examination stage – Commission decision finding that there is no State aid – Conditions for initiating a formal investigation procedure – Serious difficulties – Concept of ‘State aid’ – Levy on the profits – Advantage – Selectivity – Action manifestly lacking any foundation in law
Case T-22/21 Equinoccio-Compañía de Comercio Exterior v Commission
Action for annulment – Instrument for Pre-Accession Assistance – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or his deputy – Lack of jurisdiction
Case T-297/21 R Troy Chemical Company and Troy v Commission
Interim measures – Biocidal products – Implementing Regulation (EU) 2021/348 – Approval of carbendazim as an existing active substance for use in biocidal products of product-types 7 (film preservatives) and 10 (masonry preservatives) – Application for suspension of operation of a measure – No urgency
Case T-268/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
Case T-269/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
Case T-270/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
Case T-271/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
Case T-318/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
Case T-411/18 WM v Commission
Civil service – Officials – Recruitment – Notice of competition – Open Competition EPSO/AD/338/17 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Articles 21 and 26 of the Charter of Fundamental Rights of the European Union – Article 1d(1), (4) and (5) of the Staff Regulations – Reasonable accommodation – Principle of non-discrimination on the ground of disability – Directive 2000/78/EC – Liability – Material and non-material harm
Case T-356/20 Jiruš v EUIPO – Nile Clothing (Racing Syndicate)
EU trade mark – Invalidity proceedings – EU figurative mark Racing Syndicate – Earlier international word mark SYNDICATE – Submission of evidence for the first time before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-610/20 Egis Bâtiments International and InCA v Parliament
Arbitration clause – Project to extend and modernise the Konrad Adenauer building in Luxembourg – Settlement agreement – Confidentiality clause – Principle of good faith – Contractual liability
Case T-527/21 R Abenante and Others v Parliament and Council
Interim relief – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Application for suspension of operation of a measure – No urgency
November 2021
Case T-602/15 RENV Jenkinson v Council and Others
Arbitration clause – International civilian staff of EU international missions – Recruitment on a contractual basis – Consecutive fixed-term contracts – Claim that all contractual relationships should be re-categorised as a ‘contract of indefinite duration’ – Action for contractual liability – Action for non-contractual liability
Language of the case: French
Case T-612/17 Google and Alphabet v Commission (Google Shopping)
Competition – Abuse of dominant position – Online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Leveraging abuse – Competition on the merits or anticompetitive practice – Conditions of access by competitors to a dominant undertaking’s service the use of which cannot be effectively replaced – Dominant undertaking favouring the display of results from its own specialised search service – Effects – Need to establish a counterfactual scenario – None – Objective justifications – None – Possibility of imposing a fine having regard to certain circumstances – Guidelines on the method of setting fines – Unlimited jurisdiction
Language of the case: English
Case T-495/19 Romania v Commission
Language of the case: Romanian
Case T-193/20 Eternit v EUIPO – Eternit Österreich (Building panels)
Community design – Invalidity proceedings – Community design representing a building panel – Earlier design representing a panel for a noise-reduction wall – Ground for invalidity – No individual character – Sector concerned – Informed user – Degree of freedom of the designer – No different overall impression – Relevance of goods actually marketed – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: English
Case T-443/20 Sanford v EUIPO – Avery Zweckform (Labels)
Community design – Invalidity proceedings – Registered Community design representing a label – Earlier design – Proof of disclosure – Article 7(1) of Regulation (EC) No 6/2002 – Evidence submitted after the expiry of the prescribed time limit – Board of Appeal’s discretion – Article 63(2) of Regulation No 6/2002 – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation No 6/2002
Language of the case: English
Case T-678/20 Solar Electric and Others v Commission
State aid – Market for electricity produced from renewable energy sources, including photovoltaic energy – Obligation under French law to purchase electricity at a price higher than the market price – Rejection of a complaint – Article 12(1) and Article 24(2) Regulation (EU) 2015/1589 – Scope
Language of the case: French
Case T-256/19 Assi v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial
Language of the case: English
Case T-257/19 Al Zoubi v Council
Common foreign and security policy – Restrictive measures against Syria – Freezing of funds – Errors of assessment
Language of the case: English
Case T-259/19 Aman Dimashq v Council
Common foreign and security policy – Restrictive measures against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial – Right to effective judicial protection
Language of the case: English
Case T-370/20 KL v EIB
Civil service – EIB staff – State of health – Fitness to work – Unjustified absence – Action for annulment – Definition of invalidity – Unlimited jurisdiction – Disputes of a financial character – Retroactive payment of the invalidity pension – Action for damages
Language of the case: French
Case T-744/20 Airoldi Metalli v Commission
Dumping – Imports of aluminium extrusions originating in China – Act imposing a provisional anti-dumping duty – Act not open to challenge – Preparatory act – Inadmissibility – Definitive anti-dumping duty – No longer any legal interest in bringing proceedings – No need to adjudicate
Language of the case: English
Information (on unpublished decisions)
Case T-729/20 Aurubis v Commission
Action for annulment – Environment – Directive 2003/87/EC – Greenhouse gases – Allocation of emission allowances – Request to transfer emission certificates to Germany – Request made in the context of national proceedings for interim relief aimed at guaranteeing the effectiveness of the preliminary ruling procedure in Case C‑271/20 – Commission refusal decision – Locus standi – Lack of individual concern – Inadmissibility
Case T-731/20 ExxonMobil Production Deutschland v Commission
Action for annulment – Environment – Directive 2003/87/EC – Greenhouse gases – Allocation of emission allowances – Request to transfer emission certificates to Germany – Request made in the context of national proceedings for interim relief aimed at guaranteeing the effectiveness of the preliminary ruling procedure in Case C‑126/20 – Commission refusal decision – Locus standi – Lack of individual concern – Inadmissibility
Case T-538/21 R PBL and WA v Commission
Interim relief – State aid – Aid granted by France to a professional football club – Application for interim measures – No urgency
Case T-5/21 Stichting Comité N 65 Ondergronds Helvoirt v EEA
Case T-494/20 Satabank v ECB
Economic and monetary policy – Prudential supervision of less significant credit institutions – Regulation (EU) No 1024/2013 – Specific tasks of the ECB – Refusal to carry out direct prudential supervision – Refusal to give instructions to the Competent Person – Action manifestly lacking any foundation in law
Case T-96/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘Comirnaty – COVID-19 mRNA (nucleoside-modified) vaccine’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
Case T-136/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Moderna – COVID-19 mRNA Vaccine (nucleoside-modified)’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
Case T-165/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine AstraZeneca – COVID-19 Vaccine (ChAdOx1-S [recombinant]) ’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
Case T-267/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Janssen – COVID-19 vaccine (Ad26.COV2-S [recombinant])’ – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Non-regulatory act – Inadmissibility
Case T-661/19 Sasol Germany and Others v Commission
REACH – Substances of very high concern – Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Article 57 of Regulation (EC) No 1907/2006 – Weight of evidence approach – Manifest error of assessment – Proportionality
Case T-41/20 Di Bernardo v Commission
Civil Service – Officials – Recruitment – Notice of competition – Open competition – Conditions of admission – Non-inclusion on the reserve list – Insufficient professional experience – Article 266 TFEU – Decision adopted to give effect to a judgment of the General Court – Measures necessary to give effect to a judgment delivered in an action for annulment – Article 2 of Annex III to the Statute – Equal treatment – Manifest error of assessment – Liability
Case T-218/20 Alkattan v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to a fair trial – Error of assessment – Determination of listing criteria
Case T-239/20 Stada Arzneimittel v EUIPO – Pfizer (RUXXIMLA)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXXIMLA – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-248/20 Stada Arzneimittel v EUIPO – Pfizer (RUXYMLA)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXYMLA – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-353/20 AC Milan v EUIPO – InterES (ACM 1899 AC MILAN)
European Union trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ACM 1899 AC MILAN – Earlier national word marks Milan – 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) – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – No alteration of distinctive character
Case T-500/20 Selmikeit & Giczella v EUIPO – Boehmert & Boehmert (HALLOWIENER)
EU trade mark – Revocation proceedings – EU word mark HALLOWIENER – No genuine use – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-517/20 VF International v EUIPO – National Geographic Society (NATIONAL GEOGRAPHIC)
EU trade mark – Invalidity proceedings – EU word mark NATIONAL GEOGRAPHIC – Earlier non-registered mark geographic – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
Case T-518/20 VF International v EUIPO – National Geographic Society (NATIONAL GEOGRAPHIC)
EU trade mark – Invalidity proceedings – EU figurative mark NATIONAL GEOGRAPHIC – Earlier non-registered mark GEOGRAPHIC – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
Case T-532/20 Phi Group v EUIPO – Gruppo Cadoro (REDELLO)
EU trade mark – Opposition proceedings – Application for EU word mark REDELLO – Earlier EU figurative mark CADELLO 88 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-542/20 Stada Arzneimittel v EUIPO – Pfizer (RUXIMBLIS)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXIMBLIS – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-572/20 Spisto v Commission
Civil service – Officials – Recruitment – Notice of Open Competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
Case T-755/20 Nissan Motor v EUIPO – VDL Groep (VDL E-POWER)
EU trade mark – Opposition proceedings – Application for the EU word mark VDL E-POWER – Earlier national figurative marks e-POWER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-756/20 Nissan Motor v EUIPO – VDL Groep (VDL E-POWERED)
EU trade mark – Opposition proceedings – Application for the EU word mark VDL E-POWERED – Earlier national figurative marks e-POWER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Joined Cases T-758/20 and T-759/20 Monster Energy v EUIPO – Frito-Lay Trading Company (MONSTER and MONSTER ENERGY)
EU trade mark – Revocation proceedings – EU word marks MONSTER and MONSTER ENERGY – Genuine use of the marks – Use in connection with the goods in respect of which the marks were registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-771/20 KS and KD v Council and Others
Action for damages – Common foreign and security policy – Eulex Kosovo mission – Manifest lack of jurisdiction
Case T-73/21 PIK-KO v EUIPO – Haribo Ricqles Zan (P.I.C. Co.)
EU trade mark – Invalidity proceedings – EU figurative mark P.I.C. Co. – Earlier national figurative mark PIK – 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) – Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) – Declaration of partial invalidity
Case T-689/19 ZU v EEAS
Action for annulment and for damages – Civil service – Officials – Commission staff serving in the EEAS – Request for reimbursement of mission expenses – Request for assistance – Rejection – Competence of the author of the act – Delegation of powers – Pre-litigation procedure – Designation of the defendant – Partial inadmissibility – Principle of sound financial management – Misuse of powers – Action in part manifestly lacking any foundation in law
Case T-77/21 QC v Commission
Civil service – Officials – Pension – Transfer of national pension rights – Decision establishing the number of pensionable years of service – Circumscribed powers – Action for annulment and for damages – Action manifestly lacking any foundation in law – No action brought for failure to fulfil obligations – Inadmissibility – Request for directions to be issued – Clear lack of jurisdiction
Case T-147/17 Anastassopoulos and Velliou v Council and Commission
Non-contractual liability – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Collective action clauses – Private creditors – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Equal treatment – Natural and legal persons – Limitation periods – Whether European Union answerable for the measures at issue – Admissibility – Strict liability – Unusual and special damage
Case T-298/19 Think Schuhwerk v EUIPO (Representation of red shoelace aglets)
EU Trade Mark – Application for a figurative EU trade mark representing red shoelace aglets – Rejection of application – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Essentially identical previous application – No res judicata – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95 of Regulation 2017/1001
Case T-408/20 KR v Commission
Civil service – Officials – Remuneration – Dependent child allowance – Article 2 of Annex VII of the Statute – Concept of ‘dependent child’ – Refusal to grant dependent child status to a student receiving a grant – Actual maintenance of the child – Health insurance scheme
Case T-430/20 KV v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the selection board to exclude the applicant from the next stage of the competition – Eligibility criterion related to professional experience – Compliance of the criterion used by the selection board with the competition notice
Case T-504/20 Soapland v EUIPO – Norma (Manòu)
EU trade mark – Opposition proceedings – Application for the EU word mark Manòu – Earlier national and international word marks MANOU – 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) – Proof of genuine use of the earlier marks
Case T-538/20 Guasch Pubill v EUIPO – Nap-Kings (Table linen)
Community design – Invalidity proceedings – Registered Community design representing table linen – Disclosure of earlier design – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation No 6/2002 – Inadmissibility of the application for a declaration of invalidity – Article 52(3) of Regulation No 6/2002
Case T-616/20 Société des produits Nestlé v EUIPO – Amigüitos pets & life (THE ONLY ONE by alphaspirit wild and perfect)
EU trade mark – Opposition proceedings – Application for the EU figurative mark THE ONLY ONE by alphaspirit wild and perfect – Earlier EU word mark ONE – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001) – Decision taken following the annulment of an earlier decision by the General Court – Article 72(6) of Regulation (EU) 2017/1001 – Res judicata
Case T-658/20 Jakober v EUIPO (Shape of a cup)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a cup – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
Case T-157/21 RG v Council
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement – Mechanism of surrender pursuant to an arrest warrant – Person arrested and detained in Ireland after the end of the transition period for the purpose of the execution of a European Arrest Warrant issued by the United Kingdom during the transition period – Act not of individual concern – Non-regulatory act – Inadmissibility
Case T-454/20 Garment Manufacturers Association in Cambodia v Commission
Action for annulment – Common commercial policy – Generalised arrangement of preferential customs tariffs established by Regulation (EU) No 978/2012 – Temporary withdrawal of trade preferences applicable to certain products originating in Cambodia for reason of serious and systematic violations of human rights – Lack of direct concern – Lack of individual concern – Inadmissibility
Case T-743/16 RENV II CX v Commission
Civil service – Officials – Disciplinary measure – Removal from post – OLAF investigation – Unauthorised and clandestine negotiation of a contract – Conflict of interests – Certification of a non-compliant invoice – Rights of the defence – Right to be heard – Repeated absence of the applicant and his lawyer from the disciplinary hearing – Legal certainty – Legitimate expectations – Proportionality – Reasonable time – Principle ne bis in idem – Manifest error of assessment – Obligation to state reasons
Case T-160/19 LTTE v Council
Common foreign and security policy – Restrictive measures taken with a view to combating terrorism – Freezing of funds – List of the persons, groups and entities subject to the freezing of funds and economic resources – Maintaining the applicant’s name on the list – Factual basis of the decisions to freeze funds – Error of assessment – Obligation to state reasons – Rights of the defence – Right to effective judicial protection
Case T-258/19 Foz v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial
Case T-434/20 Włodarczyk v EUIPO – Ave Investment (dziandruk)
EU trade mark – Invalidity proceedings – EU figurative mark dziandruk – Absolute ground for invalidity – Absence of bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-551/20 Jeronimo Martins Polska v EUIPO – Rivella International (Riviva)
EU trade mark – Opposition proceedings – Application for the EU word mark Riviva – Earlier EU word mark RIVELLA – Relative ground for refusal – Likelihood of confusion – Partial rejection of the application for registration – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-581/20 YP v Commission
Civil service – Officials – Promotion – 2019 promotion exercise – Decision not to promote – Article 45 of the Staff Regulations – Comparison of merits – Use of languages in the context of duties performed by officials assigned to linguistic duties and by officials assigned to duties other than linguistic – Seniority in grade – Presumption of innocence – Article 9 of Annex IX to the Staff Regulations – Duty to state reasons – Compliance with a settlement agreement
Case T-534/21 R VP v Cedefop
Interim relief – Civil service – Members of the temporary staff – Application for interim measures – Inadmissibility
Case T-272/21 RII Puigdemont i Casamajó and Others v Parliament
Interim measures – Institutional law – Member of Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Application for suspension of operation – No urgency
Case T-515/16 Kanellou v Council
Civil service – Officials – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
Case T-521/16 Bergallou v Council
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
Case T-522/16 Nguyen v Council
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
Case T-524/16 Aresu v Commission
Civil service – Officials – 2014 Reform of the Staff Regulations – Travelling time – Home leave – Action manifestly lacking any foundation in law
Case T-726/20 Grupa Azoty and Others v Commission
Action for annulment – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 – Eligible sectors – Exclusion of the fertiliser manufacturing sector – Lack of direct concern – Inadmissibility
Case T-741/20 Advansa Manufacturing and Others v Commission
Action for annulment – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 – Eligible sectors – Exclusion of the man-made fibres manufacturing sector – Lack of direct concern – Inadmissibility
Case T-355/19 INTP CE v Comittee of the Regions
Case T-710/21 R INTP Roos and Others v Parliament
Case T-710/21 R Roos and Others v Parliament
Interim relief – Members of the European Parliament – Conditions of access to the European Parliament buildings at its three places of work related to the health crisis – Application for suspension of operation of a measure – Lack of any urgency
Case T-711/21 R INTP ID and Others v Parlement
Case T-711/21 R ID and Others v Parliament
Application for interim measures – Civil service – Conditions of access to the European Parliament buildings at its three places of work related to the health crisis – Application for suspension of operation of a measure – No urgency
December 2021
Case T-265/20 JR v Commission
Language of the case: French
Case T-546/20 Sopra Steria Benelux and Unisys Belgium v Commission
Public service contracts – Tendering procedure – Services for the specification, development, maintenance and support of IT platforms for DG ‘Taxation and Customs Union’ – Rejection of the tender submitted by a tenderer and decision to award the contract to another tenderer – Obligation to state reasons – Abnormally low tender
Language of the case: French
Case T-700/20 Schmid v EUIPO – Landeskammer für Land- und Forstwirtschaft in Steiermark (Steirisches Kürbiskernöl g.g.A GESCHÜTZTE GEOGRAFISCHE ANGABE)
EU trade mark – Invalidity proceedings – EU figurative mark Steirisches Kürbiskernöl g. g. A GESCHÜTZTE GEOGRAFISCHE ANGABE – Absolute ground for refusal – Trade mark including badges, emblems or escutcheons – Emblem of one of the areas of action of the European Union – Protected geographical indications – Article 7(1)(i) of Regulation (EC) No 207/2009 (now Article 7(1)(i) of Regulation (EU) 2017/1001)
Language of the case: German
Case T-422/21 Daimler v EUIPO – Volkswagen (IQ)
Action for annulment – EU trade mark – Lack of representation by a lawyer authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement – Manifest inadmissibility
Language of the case: English
Case T-693/16 P RENV-RX HG v Commission
Language of the case: French
Case T-158/19 Breyer v REA
Access to documents – Regulation (EC) No 1049/2001 – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Regulation (EU) No 1290/2013 – Documents concerning the research project ‘iBorderCtrl: Intelligent Portable Border Control System’ – Exception relating to the protection of the commercial interests of a third party – Partial refusal to grant access – Overriding public interest
Language of the case: German
Case T-565/19 Oltchim v Commission
State aid – Measures taken by Romania to support a petrochemical company – Non-enforcement, accumulation and cancellation of public claims – Action for annulment – Period within which proceedings must be brought – Point from which time starts to run – Article 24(1) of Regulation (EU) 2015/1589 – Interest in bringing proceedings – Existence of one or more measures – State resources – Imputability to the State – Applicability of the private creditor test – Application of the private creditor test – Obligation to state reasons
Language of the case: English
Case T-569/20 Stichting Comité N 65 Ondergronds Helvoirt v Commission
Environment – Regulation (EC) No 1367/2006 – Obligation of the Member States to protect and improve ambient air quality – Request for internal review – Refusal of the request as inadmissible
Language of the case: Dutch
Joined Cases T-721/18 and T-81/19 Apostolopoulou and Apostolopoulou-Chrysanthaki v Commission
Language of the case: Greek
Case T-195/21 Klymenko v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
Language of the case: French
Information (on unpublished decisions)
Case T-804/19 HC v Commission
Civil service – Recruitment – Notice of competition – Open competition EPSO/AD/363/18 – Decision not to admit the applicant to the next stage of the competition – Obligation to state reasons – Manifest error of assessment – Plea of illegality – Equal treatment – Proportionality – Right to be heard – Principle of sound administration – Language rules for the competition – Discrimination based on language – Liability
Case T-293/20 Ruiz-Ruiz v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Admission criterion related to professional experience – Compliance of criterion applied by the Selection Board with the competition notice – Manifest error of assessment
Case T-359/20 Team Beverage v EUIPO – Zurich Deutscher Herold Lebensversicherung (Team Beverage)
EU trade mark – Opposition proceedings – Application for EU word mark Team Beverage – Earlier EU word mark TEAM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-433/20 KY v Court of Justice of the European Union
Civil service – Officials – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Crediting of additional pensionable years – Refund of the amount of pension rights not taken into account in the EU’s pension annuity scheme – Article 11(2) of Annex VIII to the Staff Regulations – The ‘minimum subsistence figure’ rule – Unjust enrichment
Case T-467/20 Inditex v EUIPO – Ffauf Italia (ZARA)
EU trade mark – Opposition proceedings – Application for EU word mark ZARA – Earlier international word mark LE DELIZIE ZARA and earlier national figurative mark ZARA – Proof of genuine use of the earlier marks – Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-662/20 Muratbey Gida v EUIPO – M. J. Dairies (Triple helicoid cheese)
Community design – Invalidity proceedings – Registered Community design representing triple helicoid cheese – Earlier international design – Ground for invalidity – Individual character – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002 – Different overall impression – Article 6 of Regulation No 6/2002
Case T-709/20 R OJ v Commission
Application for interim measures – Civil service – Recruitment – Open competition – EPSO decision to refuse the extension of the dates of the multiple choice computer-based tests – Application for interim measures – No urgency
Case T-84/21 Jieyang Defa Industry v EUIPO – Mattel (Doll's head)
Community design – Invalidity proceedings – Registered Community design representing a doll’s head – Earlier design – Ground for invalidity – No individual character – Degree of freedom of the designer – No different overall impression – Articles 6 and 25(1)(b) of Regulation (EC) No 6/2002
Case T-152/21 Union syndicale Solidaires des SDIS de France et DOM/TOM v Commission
Non-contractual liability – Filing of a complaint with the Commission concerning the application of EU law – Time limit for reply – Right to good administration – Mandatory due diligence – Reasonable period – No sufficiently serious breach of a rule of law conferring rights on individuals
Case T-230/21 Jalkh v Parliament
Law governing the institutions – Member of the European Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union – Procedure for waiving immunity – Manifest error of assessment
Case T-303/21 FC v EASO
Action for annulment – Civil Service – Temporary staff – Disciplinary proceedings – Applications for suspension – Summons to attend a hearing before the Disciplinary Board – Postponement of the date of the hearing – No act adversely affecting the applicant – Premature action – Manifest inadmissibility
Case T-303/21 R FC v EASO
Application for interim measures – Main action clearly inadmissible – No need to adjudicate
Case T-500/16 BZ v ECB
Civil service – ECB staff – Request for recognition of an occupational disease – Non-contractual liability – Material damage – Non-material damage
Case T-127/19 Dyson and Others v Commission
Non-contractual liability – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy – Delegated Regulation (EU) No 665/2013 – Energy labelling of vacuum cleaners – Energy efficiency – Measurement method – Annulment by the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals)
Case T-556/19 Cyprus v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative ground for refusal – No likelihood of confusion – Similarity between services and goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-593/19 Cyprus v EUIPO – Fontana Food (GRILLOUMI BURGER)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI BURGER – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative grounds for refusal – No likelihood of confusion – No detriment to repute – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
Case T-595/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI BURGER)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI BURGER – Earlier EU collective word mark HALLOUMI – Relative grounds for refusal – No likelihood of confusion – No detriment to repute – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
Case T-247/20 JP v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Open Competition EPSO/AD/363/18 for the recruitment of administrators at grade AD 7 in the field of taxation – Restriction of the scope of the application for access – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process – Article 6 of Annex III to the Staff Regulations – Secrecy of the selection board’s proceedings – Partial access – Non-contractual liability
Case T-294/20 Talleres de Escoriaza v EUIPO – Salto Systems (KAAS KEYS AS A SERVICE)
EU trade mark – Invalidity proceedings – EU word mark KAAS KEYS AS A SERVICE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – No distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Signs or indications which have become customary – Article 7(1)(d) of Regulation No 207/2009 (now Article 7(1)(d) of Regulation 2017/1001) – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
Case T-620/20 Alessio and Others v ECB
Action for annulment – Economic and monetary union – Banking union – Recovery and resolution of credit institutions – Early intervention measures – Decision of the ECB to place Banca Carige under temporary administration – Subsequent extension decisions – Time limit for bringing proceedings – Delay – Inadmissibility
Case T-623/20 Sun West and Others v Commission
State aid – Production of electricity by photovoltaic installations – Obligation to purchase the electricity at a higher price than the market price – Rejection of a complaint – Second subparagraph of Article 12(1) and Article 24(2) of Regulation (EU) 2015/1589
Case T-71/21 QB v Commission
Civil service – Temporary staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Main occupation – Work done for another State
Case T-722/21 R D'Amato and Others v Parliament
Application for interim measures – Members of Parliament – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
Case T-723/21 R Rooken and Others v Parliament
Application for interim measures – Members of Parliament – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
Case T-724/21 R IL and Others v Parliament
Application for interim measures – Civil Service – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
Case T-655/21 R Meluzzi v Parliament and Council
Case T-679/21 R ANIEF v Parliament and Council
Case T-161/21 McCord v Commission
Action for annulment – Action for failure to act – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law
Case T-627/16 RENV Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by the Czech Republic – Decoupled direct aid – Traditional on-the-spot checks and on-the-spot checks by remote sensing – Discrepancies between the results of the checks – Wine sector – On-the-spot checks of the investments by means of sampling
Case T-757/19 HB v EIB
Civil service – Staff of the EIB – Complaint alleging psychological harassment – Administrative enquiry – Decision dismissing the complaint – Decision rejecting the request for conciliation – Right to be heard – Liability
Case T-224/20 FT and Others v Commission
Civil Service – Officials – Remuneration – Commission staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
Case T-225/20 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
Case T-618/20 FZ and Others v Commission
Civil Service – Officials – Remuneration – Commission staff posted to a third country – Annual and interim update of correction coefficients – Manifest error of assessment
Case T-619/20 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Annual and interim update of correction coefficients – Manifest error of assessment
Case T-682/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
Case T-683/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
Case T-684/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
Case T-689/20 HB v EIB
Civil service – EIB staff – Dismissal – Manifest error of assessment – Principle of sound administration – Lack of competence of the author of the act
Case T-705/20 OI v Commission
Case T-69/21 Rotondaro v EUIPO – Pollini (COLLINI)
EU trade mark – Opposition proceedings – Application for the EU figurative mark COLLINI – Earlier EU and national word marks POLLINI and STUDIO POLLINI – 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)
Case T-85/21 QF v Commission
Case T-188/21 Lück v EUIPO – R.H. Investment (MALLE)
EU trade mark – Invalidity proceedings – EU word mark MALLE – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation 2017/1001 – Ineffective nature of the single plea in law
Case T-495/14 Theodorakis and Theodoraki v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – Statement of the President of the Euro Group of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
Case T-496/14 Berry Investments v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – President of the Euro Group Statement of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
Case T-765/14 Legakis and Others and Legaki v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – Statement of the President of the Euro Group of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
Case T-321/17 Niemelä and Others v ECB
Action for annulment – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Replacement of the contested measure in the course of the proceedings – Action which has become devoid of purpose – Loss of interest in bringing proceedings – No need to adjudicate – Action for damages – Manifest inadmissibility
Case T-209/15 Gmina Kosakowo v Commission
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Obligation to state reasons
Case T-263/15 RENV Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Withdrawal of a decision – Failure to re-open the formal investigation procedure – Procedural rights of the interested parties – Rights of the defence – Obligation to state reasons
Case T-177/17 EKETA v Commission
Arbitration clause – Ask-it contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests – Subcontracting
Case T-189/17 EKETA v Commission
Arbitration clause – Humabio contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests
Case T-190/17 EKETA v Commission
Arbitration clause – Cater contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests
Case T-703/19 DD v FRA
Action for damages – Civil service – Members of the temporary staff – Initiation of an administrative inquiry – Article 86(2) of the Staff Regulations – Duty to provide information – Duration of the procedure – Reasonable time – Obligation to state reasons – Manifest error of assessment – Confidentiality of the administrative inquiry – Duty to have regard for the welfare of officials – Non-material damage – Causal link
Case T-795/19 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council – Decision to reduce the amount of the contract and to recover the amounts already paid – Action for annulment and for damages – Act forming part of a purely contractual framework from which it is inseparable – No arbitration clause – Inadmissibility – No heads of damage that are separable from the contract
Case T-796/19 HB v Commission
Public service contracts – Provision of technical assistance services to the Ukrainian authorities – Decision to reduce the amount of the contract and to recover the amounts already paid – Action for annulment and for damages – Act forming part of a purely contractual framework from which it is inseparable – No arbitration clause – Inadmissibility – No heads of damage that are separable from the contract
Case T-870/19 Worldwide Spirits Supply v EUIPO – Melfinco (CLEOPATRA QUEEN)
EU trade mark – Invalidity proceedings – EU figurative mark CLEOPATRA QUEEN – Earlier national word mark CLEOPATRA MELFINCO – Articles 15 and 57 of Regulation (EC) No 207/2009 (now Articles 18 and 64 of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Declaration of invalidity
Case T-6/20 Dr. Spiller v EUIPO – Rausch (Alpenrausch Dr. Spiller)
EU trade mark – Opposition proceedings – Application for EU word mark Alpenrausch Dr. Spiller – Earlier EU word mark RAUSCH – 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)
Case T-159/20 Hamers v Cedefop
Civil service – Members of the temporary staff – Investigation conducted by OLAF – Transmission to national judicial authorities of information relating to facts liable to lead to criminal proceedings – National criminal proceedings – Acquittal – Cedefop’s conduct in relation to the national criminal proceedings – Rejection of the claim for compensation – Action for annulment and damages – Conflict of interests – Presumption of innocence – Powers of Cedefop’s Board of Appeal
Case T-369/20 EFFAS v EUIPO – CFA Institute (CEFA Certified European Financial Analyst)
EU trade mark – Opposition proceedings – Application for the EU word mark CEFA Certified European Financial Analyst – Earlier EU word mark CFA – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-381/20 Datax v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – HELP and GreenNets grant agreements – OLAF’s investigation – Personnel costs – Burden of proof – Reliability of timesheets – Ineligibility of costs declared by the beneficiary – Request for recovery – Debit notes – Limitation – Reasonable time – Proportionality
Case T-409/20 KS v Frontex
Civil service – Members of the temporary staff – Fixed-term contract – Termination of the contract – Breakdown in the relationship of trust – Article 47(b)(ii) of the CEOS – Right to be heard – Duty to have regard for the welfare of staff – Requests for assistance and compensation – Action for annulment and compensation
Case T-549/20 Magic Box Int. Toys v EUIPO – KMA Concepts (SUPERZINGS)
EU trade mark – Invalidity proceedings – EU word mark SUPERZINGS – Earlier international figurative mark ZiNG – 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)
Case T-571/20 Luna Italia v EUIPO – Luna (LUNA SPLENDIDA)
EU trade mark – Invalidity proceedings – EU figurative mark LUNA SPLENDIDA – Earlier EU figurative mark Luna – Relative ground for refusal – Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-573/20 MG v EIB
Civil service – EIB staff – Remuneration – Family allowances – Refusal to grant allowances to non-custodial parent – Conciliation procedure – Reasonable time – Liability
Case T-587/20 MO v Council
Civil service – Officials – Compulsory reassignment – 2019 Appraisal exercise – Right to be heard – Liability
Case T-598/20 Skechers USA v EUIPO (ARCH FIT)
EU trade mark – Application for the EU word mark ARCH FIT – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-699/20 Fashion Energy v EUIPO – Retail Royalty (1st AMERICAN)
EU trade mark – Opposition proceedings – Application for EU figurative mark 1st AMERICAN – Earlier EU figurative mark representing an eagle or other bird of prey – Relative ground for refusal – Likelihood of confusion – Phonetic similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 72(6) of Regulation 2017/1001 – Article 94(1) of Regulation 2017/1001
Case T-159/21 Bustos v EUIPO – Bicicletas Monty (motwi)
EU trade mark – Opposition proceedings – Application for EU figurative mark motwi – Earlier national word mark MONTY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-194/21 Fidia farmaceutici v EUIPO – Stelis Biopharma (HYALOSTEL ONE)
EU trade mark – Opposition proceedings – International figurative registration designating the European Union – Figurative mark HYALOSTEL ONE – Earlier EU word mark HYALISTIL and earlier figurative mark HyalOne – Earlier international word mark HYALO – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
Case T-205/21 Kewazo v EUIPO (Liftbot)
EU trade mark – Application for EU word mark Liftbot – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-725/20 Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission
Dumping – Imports of aluminium extrusions originating in China – Act imposing a provisional anti-dumping duty – Act not open to challenge – Preparatory act – Inadmissibility – Definitive anti-dumping duty – No longer any interest in bringing proceedings – No need to adjudicate
Case T-381/21 D & A Pharma v EMA
Action for annulment – Medicinal products for human use – Application for marketing authorisation for the medicinal product Hopveus – Non-renewal of a permanent scientific advisory group – No interest in bringing proceedings – Inadmissibility
Case T-665/21 R Civitta Eesti v Commission
Interim relief – Public supply contracts – Legal, socio-economic and technical assistance in the fields of energy and mobility and transport – Application for interim measures – No urgency
Case T-768/21 R Castellanos Triviño and Others v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
January 2022
Case T-647/20 Verelst v Council
Language of the case: French
Case T-610/19 Deutsche Telekom v Commission
Action for annulment and for damages – Competition – Abuse of dominant position – Slovak market for broadband telecommunications services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Judgment annulling the decision in part and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Loss of use of the amount of the fine that had been unduly paid – Loss of profits – Default interest – Rate – Harm
Language of the case: German
Case T-286/09 RENV Intel Corporation v Commission
Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement – Loyalty rebates – ‘Naked’ restrictions – Characterisation as abuse – As-efficient-competitor analysis – Overall strategy – Single and continuous infringement
Language of the case: English
Case T-849/19 Leonardo v Frontex
Public supply contracts – Tendering procedure – Aerial surveillance services – Action for annulment – No interest in bringing proceedings – Inadmissibility – Non-contractual liability
Language of the case: Italian
Information (on unpublished decisions)
Case T-366/20 1031023 B.C. v EUIPO – Bodegas San Valero (Representation of a circle drawn by a brush)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a circle drawn by a brush – Earlier national figurative mark ORIGIUM 1944 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-630/20 MW v Parliament
Civil service – Members of the temporary staff – Political group – Dismissal – Breakdown in the relationship of trust – Psychological harassment – Manifest error of assessment – Misuse of powers – Liability
Case T-160/21 Laboratorios Ern v EUIPO – Malpricht (APIRETAL)
EU trade mark – Revocation proceedings – Word mark APIRETAL – Declaration of revocation – No genuine use – No proper reasons for non-use – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-259/21 Neolith Distribution v EUIPO (Representation of an ornamental pattern)
EU trade mark – Application for an EU pattern mark – Representation of an ornamental pattern – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-418/21 Alauzun and Others v Commission and EMA
Action for annulment – Medicinal products for human use – Amendment to the conditional marketing authorisation for the medicinal product for human use Comirnaty – Act not open to challenge – Preparatory act – No interest in bringing proceedings – No direct concern – Act not of individual concern – Non-regulatory act – Inadmissibility
Case T-743/20 Car-Master 2 v Commission
Competition – Agreements, decisions and concerted practices – Motor vehicle repair market in Poland – Decision rejecting a complaint – Article 13(2) of Regulation (EC) No 1/2003 – Case dealt with by a national competition authority – Action lacking any foundation in law
Case T-757/18 Koinopraxia Touristiki Loutrakiou v Commission
State aid – Greek casinos – System providing for a levy of 80% on admission fees of different amounts – Differentiation between public and private casinos – Complaint – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Annulment of the decision by a decision of the General Court – Decision finding no State aid – Action for annulment – Challengeable act – Admissibility – Rights of the defence
Case T-148/20 FC v EASO
Case T-483/20 Tecnica Group v EUIPO – Zeitneu (Shape of a boot)
EU trade mark – Invalidity proceedings – EU three-dimensional mark – Shape of a boot – Declaration of partial invalidity – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Decisions of EU trade mark courts ruling on an action for a declaration of non-infringement – Res judicata
Case T-76/21 Masterbuilders, Heiermann, Schmidtmann v EUIPO – Cirillo (POMODORO)
EU trade mark – Revocation proceedings – EU word mark POMODORO – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Statement setting out the grounds of appeal – Period for lodging – Article 58(3) of Delegated Regulation (EU) 2018/625 – Facts or evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation 2018/625 – Proof of genuine use
Case T-99/21 Construcciones Electromecánicas Sabero v EUIPO – Magdalenas de las Heras (Heras Bareche)
EU trade mark – Opposition proceedings – Application for EU figurative mark Heras Bareche – Earlier EU figurative mark MAGDALENAS DeLasHeras – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-270/21 Estetica Group Iwona Michalak v EUIPO (PURE BEAUTY)
EU trade mark – Application for the EU figurative mark PURE BEAUTY – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-731/21 R Společnost pro eHealth databáze v Commission
Application for interim measures – Grant agreement concluded in the context of the Competitiveness and Innovation Framework Programme (2007-2013) – Recovery of sums paid – Application for suspension of operation – No urgency
Case T-303/16 Mylan IRE Healthcare v Commission
Medicinal products for human use – Orphan medicinal products – Marketing authorisations for the medicinal products Tobramycin VVB and associated names – Derogation from the market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Article 8(3)(c) of Regulation (EC) No 141/2000 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Article 3(2) and (3)(d) of Regulation (EC) No 847/2000 – Duty of care – Manifest error of assessment
Case T-325/20 Unger Marketing International v EUIPO – Orben Wasseraufbereitung (Water purifers)
Community design – Invalidity proceedings – Design representing a water purifier – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002 – Declaration of invalidity
Case T-498/20 Diego v EUIPO – Forbo Financial Services (WOOD STEP LAMINATE FLOORING)
EU trade mark – Opposition proceedings – Application for the EU figurative mark WOOD STEP LAMINATE FLOORING – Earlier international word mark STEP – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Free movement of goods
Case T-570/20 Kedrion v EMA
Access to documents – Regulation (EC) No 1049/2001 – Collection and processing of plasma – Plasma master file – Refusal to grant access – Exception relating to the protection of the commercial interests of a third party – Incorrect determination of the subject matter of the application – Obligation to base the refusal to grant access on specific and concrete reasons
Case T-586/20 MN v Europol
Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Manifest error of assessment
Case T-233/21 Meta Cluster v EUIPO (Clustermedizin)
EU trade mark – Application for EU word mark Clustermedizin – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-300/21 CNH Industrial v EUIPO (SOILXPLORER)
EU trade mark – Application for EU word mark SOILXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-301/21 CNH Industrial v EUIPO (CROPXPLORER)
EU trade mark – Application for EU word mark CROPXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-717/21 R ICA Traffic v Commission
Application for interim relief – Public procurement – Supply of disinfection robots – Application for interim measures – No urgency
February 2022
Case T-799/17 Scania and Others v Commission
Competition – Agreements, decisions and concerted practices – Truck manufacturers market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies and the passing on to customers of the costs relating to those technologies – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Principle of impartiality – Charter of Fundamental Rights – Single and continuous infringement – Restriction of competition by object – Geographic scope of the infringement – Fine – Proportionality – Equal treatment – Unlimited jurisdiction
Language of the case: English
Case T-616/18 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom)
Competition – Abuse of a dominant position – Gas markets of Central and Eastern Europe – Decision to make binding the individual commitments proposed by an undertaking – Article 9 of Regulation (EC) No 1/2003 – Whether the commitments are adequate in the light of the competition concerns initially identified in the statement of objections – Commission decision not to require commitments in relation to some of the initial concerns – Principle of sound administration – Transparency – Obligation to state reasons – Energy-policy objectives of the European Union – Principle of energy solidarity – Misuse of powers
Language of the case: Polish
Case T-27/19 Pilatus Bank and Pilatus Holding v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Decision to withdraw a credit institution’s authorisation – Indictment of the main shareholder in a third country – Criterion of good repute – Perception of good repute by the market – Presumption of innocence – Proportionality – Rights of the defence
Language of the case: English
Case T-399/19 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejection of complaint)
Competition – Abuse of a dominant position – Gas markets of Central and Eastern Europe – Decision rejecting a complaint – No Union interest – State action defence – Obligation to undertake a diligent examination – Procedural rights under Regulation (EC) No 773/2004
Language of the case: Polish
Case T-868/16 QI and Others v Commission and ECB
Non-contractual liability – Economic and monetary policy – Restructuring of Greek public debt – Bond exchange agreement for the sole benefit of the Eurosystem central banks – Private sector involvement – Collective action clauses – Private creditors – Official sector creditors – Attributability – Sufficiently serious infringement of a rule of law conferring rights on individuals – Article 63(1) TFEU – Articles 120 to 127 and Article 352(1) TFEU – Right to property – Equal treatment
Language of the case: English
Case T-740/18 Taminco and Arysta LifeScience Great Britain v Commission
Plant protection products – Active substance thiram – Non-renewal of approval – Regulation No 1107/2009 and Implementing Regulation No 844/2012 – Rights of the defence – Procedural irregularity – Manifest error of assessment – Competence of EFSA – Proportionality – Precautionary principle – Equal treatment
Language of the case: English
Case T-791/19 Sped-Pro v Commission
Competition – Abuse of dominant position – Rail freight transport services market – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Reasonable time – EU interest in pursuing examination of a complaint – Determination of the authority best placed to examine a complaint – Criteria – Manifest error of assessment – Systemic or generalised deficiencies concerning respect for the rule of law – Risk of infringement of a complainant’s rights if a complaint is rejected – Obligation to state reasons
Language of the case: Polish
Case T-834/17 United Parcel Service v Commission
Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – Rights of the defence – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link
Language of the case: English
Case T-540/18 ASL Aviation Holdings and ASL Airlines (Ireland) v Commission
Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – General reference to other documents – Pleas in law or complaints raised by a third party in another case – Evidence submitted in the reply – No justification for the delay – Inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: English
Case T-198/21 Ancor Group v EUIPO – Cody's Drinks International (CODE-X)
EU trade mark – Opposition proceedings – EU word mark CODE-X – Earlier national word and figurative marks Cody’s – Earlier international figurative mark Cody’s – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
Information (on unpublished decisions)
Case T-536/20 LU v EIB
Civil service – EIB staff – Dignity at Work Policy – Psychological harassment – Investigation procedure – Action for annulment – Final report of the investigation panel – Preparatory act – Inadmissibility – Decision rejecting the complaint – Act adversely affecting an official – Admissibility – Article 41 of the Charter of Fundamental Rights – Rights of the defence – Right to be heard – Obligation to state reasons – Liability
Case T-694/20 Canisius v EUIPO – Beiersdorf (CCLABELLE VIENNA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCLABELLE VIENNA – Earlier EU word mark LABELLO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-116/21 Maternus v EUIPO – adp Gauselmann (WILD)
EU trade mark – Invalidity proceedings – EU word mark WILD – Absolute ground for refusal – Descriptive character – Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-173/21 Novelis Deutschland v EUIPO – CU.CO. (Grill dish)
Community design – Invalidity proceedings – Registered Community design representing a grill dish – Earlier national design – Ground for invalidity – No individual character – Article 6 of Regulation (EC) No 6/2002
Case T-202/21 Vita Zahnfabrik v EUIPO – VIPI Produtos Odontológicos (VITABLOCS TriLuxe forte)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark VITABLOCS TriLuxe forte – Earlier EU word mark TRILUX – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-67/21 ultra air v EUIPO – Donaldson Filtration Deutschland (ultrafilter international)
EU trade mark – Proceedings for invalidity and revocation – European Union word mark ultrafilter international – Request for conversion to a national trade mark application – Revocation proceedings devoid of purpose – Action manifestly lacking any foundation in law
Case T-464/21 Faller and Others v Commission
Action for annulment – Medicinal products for human use – Variation of the conditional marketing authorisation for the Comirnaty medicinal product for human use – No legal interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
Case T-739/21 R Eurecna v Commission
Interim relief – Public supply contracts – Application for interim measures – Lack of any urgency
Case T-195/19 GEA Group v Commission
Competition – Agreements, decisions and concerted practices – European markets in tin stabilisers and in ESBO/esters heat stabilisers – Decision establishing an infringement of Article 81 EC – Decision amending the initial decision annulled – Decision rejecting a request for repayment of the fine – Action for annulment – Actionable measure – Interest in bringing proceedings – Admissibility – Article 266(1) TFEU
Case T-317/19 AMVAC Netherlands v Commission
Plant protection products – Active substance ethoprophos – Non-renewal of approval – Regulation No 1107/2009 and Implementing Regulation No 844/2012 – Rights of the defence – Manifest error of assessment – Legal certainty – Proportionality – Precautionary principle
Case T-520/19 Heitec v EUIPO – Hetec Datensysteme (HEITEC)
EU trade mark – Revocation proceedings – EU word mark HEITEC – No account taken of evidence submitted before the Cancellation Division and before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – No genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) – Rule 40(5) of Regulation (EC) No 2868/95 (now Article 19(1) of Delegated Regulation (EU) 2018/625)
Case T-652/19 Elevolution - Engenharia v Commission
Public procurement – Financial Regulation – Exclusion from procurement and grant award procedures covered by the EDF for a three-year period – Obligation to state reasons – Principle of sound administration – Right to be heard – Manifest error of assessment – Proportionality
Case T-672/19 Companhia de Seguros Índico v Commission
Public procurement – Financial Regulation – Exclusion from procurement procedures and from the award of grants financed by the general EU budget and by the EDF for a three-year period – Principle of good faith – Abuse of rights – Manifest error of assessment – Proportionality
Case T-33/20 Van Walle v ECDC
Civil service – Members of the temporary staff – ECDC staff members – Appraisal report for 2018 – Freedom of expression – Obligation to state reasons – Case requiring a specific statement of reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Right to be heard
Case T-589/20 Calzaturificio Emmegiemme Shoes v EUIPO – Inticom (MAIMAI MADE IN ITALY)
EU trade mark – Opposition proceedings – Application for EU word mark MAIMAI MADE IN ITALY – Earlier EU word mark YAMAMAY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Admissibility of new evidence – Alteration of the distinctive character
Case T-434/21 TO v EEA
Case T-736/20 OP v Commission
Civil service – Officials – Recruitment – Open Competition EPSO/AST/147/19 – Decision not to include the applicant’s name on the reserve list for the competition – Obligation to state reasons – Equal treatment
Case T-459/21 Calrose Rice v EUIPO – Ricegrowers (Sunwhite)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Sunwhite – Earlier national figurative mark Sunwhite – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-53/22 R Collard v Parliament and ID
Interim measures – Law governing the institutions – Member of the Parliament – Suspension and exclusion of a Member from his political group – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
Case T-54/22 R Rivière v Parliament and ID
Interim relief – Law governing the institutions – Member of the Parliament – Suspension and exclusion of a Member from his political group – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
Case T-503/21 Lagardère, unité médico-sociale v Commission
Action for annulment – Regulation (EU) 2021/953 – EU Digital Covid-19 Certificate – Freedom of movement for persons – Restrictions – Incorrect designation of the defendant – Inadmissibility
Case T-295/21 eSlovensko v Commission
Action for annulment – Financial provisions – EU programme on promoting safer use of the internet – Failure to comply with procedural requirements – Inadmissibility
Case T-425/21 eSlovensko Bratislava v Commission
Action for annulment – Financial provisions – EU programme on promoting safer use of the internet – Failure to comply with procedural requirements – Inadmissibility
Case T-161/15 Brinkmann (Steel Trading) and Others v Commission and ECB
Action for damages – Economic and monetary policy – Stability support programme for Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Equal treatment – Principle of proportionality – Action manifestly lacking any foundation in law
Case T-636/19 Chemours Netherlands v ECHA
REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides as a substance fulfilling the criteria laid down for inclusion in the list – Article 57 of Regulation No 1907/2006 – Manifest error of assessment – Proportionality
Case T-806/19 Govern d'Andorra v EUIPO (Andorra)
EU trade mark – Application for EU figurative mark Andorra – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-671/20 OA v EESC
Civil service – Officials – Psychological harassment – Disciplinary procedure – Disciplinary penalty – Written warning – Rights of the defence – Error of assessment – Liability
Case T-709/20 OJ v Commission
Civil Service – Officials – Recruitment – Competition EPSO/AD/380/19 – Decision to refuse to extend the test dates for a competition – Time limits set for passing a selection test in a test centre – Right to a fair procedure – Duty to have regard for the welfare of officials – Equal treatment
Case T-184/21 Lackmann Fleisch- und Feinkostfabrik v EUIPO – Schuju (Хозяин)
Case T-185/21 Lackmann Fleisch- und Feinkostfabrik v EUIPO – Schuju (Хозяйка)
Case T-209/21 Ignacio Carrasco v EUIPO – Santos Carrasco Manzano (La Hoja del Carrasco)
EU trade mark – Invalidity proceedings – EU figurative mark La Hoja del Carrasco – Earlier national figurative mark CARRASCO, Guijuelo – 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) – Dominant and distinctive elements of the marks at issue
Case T-603/21 R WO v EPPO
Application for interim measures – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Lithuania – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
Case T-764/21 R Atesos medical and Others v Commission
Interim relief – Medical devices – Directive 93/42/EEC – Regulation (EU) 2017/745 – Application for suspension of operation of a measure – No urgency
Case T-442/21 Thomas and Julien v Council
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, of the one part, and the United Kingdom, of the other part – Council decision on the conclusion of the Trade and Cooperation Agreement – Act not of individual concern – Non-regulatory act – Inadmissibility
March 2022
Case T-688/19 VeriGraft v Eismea
Arbitration clause – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Termination of the agreement – Misconduct – Capacity as beneficiary of the grant or as a natural person acting in his or her name or on his or her behalf
Language of the case: English
Case T-727/20 Kirimova v EUIPO
Action for annulment – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility
Language of the case: English
Case T-136/19 Bulgarian Energy Holding and Others v Commission
Measure of inquiry – Article 103(3) of the Rules of Procedure – Production of non-confidential versions of documents
Language of the case: English
Case T-684/19 and T-704/19 MEKH and FGSZ v ACER
Energy – Regulation (EU) 2017/459 – Network code adopted by the Commission including an ‘incremental capacity process’ – ACER decision approving the implementation of an incremental capacity project – Plea of illegality – Lack of competence of the Commission – Article 6(11), Article 7(3) and Article 8(6) of Regulation (EC) No 715/2009
Language of the case: Hungarian
Case T-249/20 Sabra v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Criterion of a leading businessperson operating in Syria – Presumption of a link with the Syrian regime – Rebuttal of the presumption
Language of the case: English
Case T-281/21 Nowhere v EUIPO – Ye (APE TEES)
EU trade mark – Opposition proceedings – Application for the EU figurative mark APE TEES – Earlier national non-registered figurative trade marks representing an ape – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rules governing common-law actions for passing-off – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom
Language of the case: English
Case T-661/20 NV v eu-LISA
Civil service – Members of the temporary staff – Staff of eu-LISA – Disciplinary proceedings – Disciplinary penalty – Reprimand – Implementing provisions concerning administrative inquiries – Plea of illegality – Article 110 of the Staff Regulations – Failure to consult the Staff Committee – Rights of the defence and right to be heard – Articles 12, 12a, 17 and 19 of the Staff Regulations – Error of assessment – Principle of good administration – Article 10 of Annex IX to the Staff Regulations – Duty to have regard for the welfare of officials – Liability – Non-material damage
Language of the case: English
Case T-757/20 OT v Parliament
Civil service – Officials – Disciplinary penalty – Reprimand – Article 21a of the Staff Regulations – Error of assessment
Language of the case: French
Case T-324/17 SAS Cargo Group and Others v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Equality of arms – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Substantially limited involvement – Aggravating circumstances – Repeated infringement – Unlimited jurisdiction
Language of the case: English
Case T-337/17 Air France-KLM v Commission
Language of the case: French
Case T-340/17 Japan Airlines v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Article 266 TFEU – Limitation period – Rights of the defence – Non-discrimination – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Substantially limited involvement – Proportionality – Unlimited jurisdiction
Language of the case: English
Case T-341/17 British Airways v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Duration of participation in the infringement – Mitigating circumstances – Encouragement of anticompetitive conduct by public authorities – Unlimited jurisdiction
Language of the case: English
Case T-350/17 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Ne bis in idem principle – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Unlimited jurisdiction
Language of the case: English
Information (on unpublished decisions)
Case T-632/21 Agreiter and Others v Commission
Action for annulment – Medicinal products for human use – Amendment of the conditional marketing authorisation for Spikevax, a medicinal product for human use – COVID-19 mRNA Vaccine (nucleoside modified) – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility
Case T-134/20 Huhtamaki v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a State aid investigation – Advance tax agreements – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Not irrebuttable – Obligation to state reasons
Case T-333/20 Fidia farmaceutici v EUIPO – Giuliani (IALO TSP)
EU trade mark – Opposition proceedings – Application for the EU word mark IALO TSP – Earlier international word mark HYALO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Identification of a member of the Board of Appeal – Article 165(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-556/20 D & A Pharma v Commission and EMA
Medicinal products for human use – Application for conditional marketing authorisation for the medicinal product Hopveus – sodium oxybate – Decision of refusal by the Commission – Regulation (EC) No 726/2004 – Procedure – Committee for Medicinal Products for Human Use – Request for consultation of a specific scientific advisory group – Impartiality of members of an ad hoc committee of experts – Manifest errors of assessment – Equal treatment
Case T-579/20 Genekam Biotechnology v Commission
Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Fibrogelnet project – Recovery of an amount receivable – Risk avoidance mechanism – Amount receivable effectively recovered from the Guarantee Fund – Decision establishing a pecuniary obligation and forming an enforceable decision – Article 299 TFEU – Competence of the author of the act – Termination of the applicant’s participation in the project – Eligible costs – Reports and deliverables
Case T-615/20 Mood Media Netherlands v EUIPO – Tailoradio (MOOD MEDIA)
EU trade mark – Revocation proceedings – EU word mark MOOD MEDIA – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Article 15(1)(a) of Regulation No 207/2009 (now Article 18(1)(a) of Regulation 2017/1001) – Proof of genuine use
Case T-669/20 Pluscard Service v EUIPO (PLUSCARD)
EU trade mark – International registration designating the European Union – Figurative mark PLUSCARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-715/20 Degode v EUIPO – Leo Pharma (Skinovea)
EU trade mark – Opposition proceedings – Application for the EU word mark Skinovea – Earlier national word mark SKINOREN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-1/21 Fabryki Mebli 'Forte' v EUIPO – Bog-Fran (Meuble)
Community design – Invalidity proceedings – Registered Community design representing an item of furniture – Ground for invalidity – No individual character – Article 6(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article 7(1) of Regulation No 6/2002 – Decision adopted following the annulment by the General Court of an earlier decision – Res judicata
Case T-86/21 Distintiva Solutions v EUIPO – Makeblock (Makeblock)
EU trade mark – Invalidity proceedings – EU figurative mark Makeblock – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) – Mark not of such a nature as to mislead the public – Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001)
Case T-125/21 Banco de Investimento Global v EUIPO – Banco BIC Português (EUROBIC)
Case T-140/21 Apologistics v EUIPO – Kerckhoff (apo-discounter.de)
EU trade mark – Revocation proceedings – EU figurative mark apo-discounter.de – Partial revocation – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use
Case T-149/21 UGA Nutraceuticals v EUIPO – Vitae Health Innovation (VITADHA)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark VITADHA – Earlier Spanish word mark VITANADH – 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)
Case T-171/21 Ubisoft Entertainment v EUIPO – Huawei Technologies (FOR HONOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark FOR HONOR – Earlier EU word mark HONOR – 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)
Case T-192/21 Laboratorios Ern v EUIPO – Beta Sports (META)
EU trade mark – Opposition proceedings – Application for the EU word mark META – Earlier national word mark METALGIAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-46/22 R Esedra v Parliament
Interim measures – Public service contracts – Early childhood care services – Application for interim measures – Lack of urgency
Case T-338/20 KI v eu-LISA
Case T-382/21 the airscreen company v EUIPO – Moviescreens Rental (airscreen)
Case T-431/21 UNIS v Commission
Application for annulment – Social security – Bodies entrusted with the management of statutory health insurance and old-age insurance schemes – Caisse nationale d’assurance vieillesse – Economic activity – Act not open to challenge – Inadmissibility
Case T-10/20 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Financial corrections – Article 52(2) of Regulation (EU) No 1306/2013 – Article 12(2) and (6) of Delegated Regulation (EU) No 907/2014 – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Producer organisation and operational programmes – Articles 26, 27, 31, 104 and 106 of Implementing Regulation (EU) No 543/2011 – Article 155 of Regulation (EU) No 1308/2013 – Delegated Regulation (EU) No 499/2014 – Public procurement procedure – Article 24(2)(c) and Article 26(1)(d) of Regulation (EU) No 65/2011 – Article 48(2) and Article 51(1) of Implementing Regulation (EU) No 809/2014 – Risk of financial loss
Case T-456/20 LA v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criteria to assess professional experience – Compliance of criteria applied by the Selection Board with the competition notice
Case T-474/20 LD v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
Case T-511/20 Zardini v Commission
Civil service – Officials – Recruitment – Notice of Open Competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
Case T-766/20 PrenzMarien v EUIPO – Molson Coors Brewing Company (UK) (STONES)
Case T-132/21 Telefónica Germany v EUIPO (LOOP)
EU trade mark – Application for the EU word mark LOOP – Partial rejection of the application for registration – Absolute grounds of refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Objective characteristics inherent in the nature of the products and services – Sufficiently direct and specific relationship – Obligation to state reasons – Article 94 of Regulation (EU) 2017/1001
Case T-196/21 Lea Nature Services v EUIPO – Debonair Trading Internacional (SO...?)
Case T-197/21 Lea Nature Services v EUIPO – Debonair Trading Internacional (SO...?)
Case T-204/21 Stryker v EUIPO (RUGGED)
EU trade mark – International registration designating the European Union – Word mark RUGGED – Absolute ground for refusal – No distinctive character acquired through use – Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) – Competence of the Board of Appeal – Article 71 of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-113/20 BSEF v Commission
Energy – Directive 2009/125/EC – Ecodesign requirements for electronic displays – Regulation (EU) 2019/2021 – Ban on halogenated flame retardants in the enclosure and stand of electronic displays – Competence of the author of the act – Manifest error of assessment – Legal certainty – Proportionality – Equal treatment
Case T-468/20 Kühne v Parliament
Civil service – Officials – Policy of Parliament staff mobility – Reassignment in the interest of the service
Case T-314/21 TA v Parliament
Civil service – Officials – Reports procedure – Staff report 2019 – Fixing of objectives – Internal rules on staff reports – Manifest error of assessment
Case T-315/21 Laboratorios Ern v EUIPO – Nordesta (APIAL)
EU trade mark – Opposition proceedings – Application for EU word mark APIAL – Earlier EU word mark APIRETAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – No damage to reputation – Article 8(5) of Regulation 2017/1001 – Evidence submitted for the first time before the General Court
Case T-232/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Correspondence of the Commission concerning the quantities and delivery times of AstraZeneca’s COVID-19 vaccines – Implied refusal of access – Express decision adopted after the action was brought – No need to adjudicate – Requests to amend the form of order sought – Lis pendens – Manifest inadmissibility
Case T-129/19 RENV Necci v Commission
Civil service – Contract staff – Social security – JSIS – Rejection of the application for membership following a transfer of pension rights – Condition relating to a period of employment of more than three years – Article 95 of the CEOS – Article 34(1) of the Charter of Fundamental Rights – Article 45 TFEU
Case T-730/20 ON v Commission
Civil service – Members of the contract staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Retroactive refusal – Recovery of undue payments – Article 85 of the Staff Regulations – Action for annulment and for damages
Case T-113/21 Team Beverage v EUIPO (Beverage Analytics)
EU trade mark – Application for EU word mark Beverage Analytics – Absolute ground for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-146/21 Vetpharma Animal Health v EUIPO – Deltavit (DELTATIC)
Case T-252/21 Hrebenyuk v EUIPO (Shape of a stand-up collar)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a stand-up collar – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-465/21 Ionfarma v EUIPO – LG Electronics (AION)
EU trade mark – Opposition proceedings – Application for the EU word mark AION – Earlier national figurative mark ION and earlier word mark IONFARMA – Relative ground for refusal – No similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-368/21 Di Taranto v EPPO
Action for annulment – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Derived unlawfulness – Candidates nominated by the Italian Republic – Nomination disputed before the national court – Inadmissibility
Case T-151/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech SE COVID-19 vaccines – Initial refusal – Act not open to challenge – Application to modify the form of order sought – Assessing the admissibility of an action at the time it was brought – Manifest inadmissibility
Case T-691/21 Alcogroup and Alcodis v Commission
Action for annulment – Competition – Settlement procedure – Letter from the European Commission inviting an undertaking to express its interest in engaging in a settlement procedure – Act not open to challenge – Preparatory act – Intermediary act – Inadmissibility
Case T-323/17 Martinair Holland v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Equal treatment – Obligation to state reasons
Case T-325/17 Koninklijke Luchtvaart Maatschappij v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Extenuating circumstances – Anticompetitive conduct encouraged by the national authorities – Proportionality – Unlimited jurisdiction
Case T-326/17 Air Canada v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Withdrawal of the leniency application – Unlimited jurisdiction
Case T-334/17 Cargolux Airlines v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Follow‑my‑leader role – Proportionality – Unlimited jurisdiction
Case T-338/17 Air France v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Conditions for granting immunity – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Duration of the participation in the infringement – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Proportionality – Unlimited jurisdiction
Case T-342/17 Deutsche Lufthansa and Others v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement
Case T-343/17 Cathay Pacific Airways v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction
Case T-344/17 Latam Airlines Group and Lan Cargo v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction
Case T-291/20 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-292/20 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-299/20 KF v EIB
Case T-720/20 Perry Street Software v EUIPO – Toolstream (SCRUFFS)
Case T-30/21 L'Oréal v EUIPO – Debonair Trading Internacional (SO COUTURE)
Case T-35/21 SFD v EUIPO – Allmax Nutrition (ALLNUTRITION DESIGNED FOR MOTIVATION)
Case T-36/21 PO v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/338/17 – Non-inclusion on the reserve list – Article 21 of the Charter of Fundamental Rights – Article 1d(1) and (4) of the Staff Regulations – Reasonable accommodation – Principle of non-discrimination on the ground of disability – Directive 2000/78/EC – Obligation to state reasons – Duty to have regard for the welfare of officials – Responsibility – Material and non-material damage
Case T-206/21 Kalita and Haas v EUIPO – Kitzbühel Tourismus (Representation of two animals)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing two animals – Earlier EU figurative mark representing an animal – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-277/21 Daimler v EUIPO (Representation of three-pronged elements on a black background I)
EU trade mark – Application for EU pattern mark – Representation of three-pointed stars on a black background I – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-278/21 Daimler v EUIPO (Representation of three-pronged elements on a black background II)
EU trade mark – Application for EU pattern mark – Representation of three-pointed stars on a black background II – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-279/21 Daimler v EUIPO (Representation of three-pronged elements on a black background IV)
EU trade mark – Application for EU figurative mark – Representation of three-pointed stars on a black background IV – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-280/21 Daimler v EUIPO (Representation of three-pronged elements on a black background III)
EU trade mark – Application for EU figurative mark – Representation of three-pointed stars on a black background III – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-445/21 Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPALLI)
Case T-451/21 Hesse v EUIPO – Wedl & Hofmann (Testa Rossa)
Case T-125/22 R RT France v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine – Suspension of the broadcasting activities of certain media – Application for suspension of operation of a measure – No urgency – Weighing of competing interests
Case T-22/22 R AL v Council
Interim relief – Civil service – Officials – Disciplinary proceedings – Removal from post – Application for interim measures – Urgency – Prima facie case – Weighing of interests
April 2022
Case T-508/19 Mead Johnson Nutrition (Asia Pacific) and Others v Commission
State aid – Aid scheme implemented by the Government of Gibraltar concerning corporation tax – Tax exemption for interest income and royalties – Advance tax rulings benefiting multinationals – Commission decision declaring the aid incompatible with the internal market – Obligation to state reasons – Manifest error of assessment – Selective advantage – Right to submit comments
Language of the case: English
Case T-4/20 Sieć Badawcza Łukasiewicz – Port Polski Ośrodek Rozwoju Technologii v Commission
Arbitration clause – Grant agreement concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Eligible costs – Request for reimbursement – Financial audit – OLAF investigation – Conflict of interest on account of family or emotional ties – Principle of good faith – Principle of non-discrimination on grounds of marital status – Legitimate expectations – Action for annulment – Debit notes – Acts inseparable from the contract – Act not open to challenge – Right to effective judicial review – Inadmissibility
Language of the case: English
Case T-327/20 Group Nivelles v EUIPO – Easy Sanitary Solutions (Shower drainage channel)
Language of the case: Dutch
Case T-108/21 Ilunga Luyoyo v Council
Language of the case: French
Case T-436/21 Veen v Europol
Non-contractual liability – Cooperation of the police authorities and other law enforcement agencies of the Member States – Fight against crime – Communication of information by Europol to a Member State – Alleged unauthorised data processing – Regulation (EU) 2016/794 – Article 50(1) – Non-material harm
Language of the case: Slovak
Joined Cases T-710/21 and T-722/21 Roos and Others v Parliament
Public health – Requirement to present a valid EU digital COVID-19 certificate in order to enter Parliament buildings – Legal basis – Freedom and independence of Members of the European Parliament – Obligation to ensure the health of staff in the service of the European Union – Parliamentary immunity – Processing of personal data – Right to respect for private life – Right to physical integrity – Right to safety – Equal treatment – Proportionality
Language of the case: French
Information (on unpublished decisions)
Cases T-335/18, T-338/18 and T-327/19 Mubarak and Others v Council
Case T-634/19 FC v EUAA
Case T-425/20 KU v EEAS
Civil service – Members of the contract staff – EEAS staff – Psychological harassment – Administrative investigation – Article 12a of the Staff Regulations – Request for assistance – Rejection of the request – Article 24 of the Staff Regulations – Obligation to state reasons – Error of assessment – Reasonable time – Liability
Case T-516/20 Mandelay v EUIPO – Qx World (QUEST 9)
EU trade mark – Opposition proceedings – Application for the EU word mark QUEST 9 – Earlier EU word mark QUEX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 94(1) of Regulation 2017/1001 – Articles 95 and 97 of Regulation 2017/1001
Case T-568/20 MF v eu-LISA
Case T-735/20 Planistat Europe and Charlot v Commission
Non-contractual liability – ‘Eurostat’ case – External investigation by OLAF – Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings before the conclusion of the investigation – Filing of a complaint by the Commission before the conclusion of the investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – No sufficiently serious breach of a rule of law conferring rights on individuals
Case T-57/21 Hungary v Commission
EAGF and EAFRD – Expenditure excluded from financing – Obligation to increase on-the-spot checks – Article 35 of Commission Implementing Regulation (EU) No 809/2014 – Legal value of the working documents of the Commission – Calculation of the increase in the rate of on-the-spot checks
Case T-118/21 Cilem Records International v EUIPO – KVZ Music (HALIX RECORDS)
Case T-154/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Confirmatory application made prematurely – Article 7 of Regulation No 1049/2001 – No challengeable act – Express refusal to grant access – Modification of the application – Manifest inadmissibility
Case T-208/21 Dorit-DFT v EUIPO – Erwin Suter (DORIT)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark DORIT – Earlier national company names – Relative ground for refusal – No use in trade of a sign of more than mere local significance – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
Case T-219/21 Agora Invest v EUIPO – Transportes Maquinaria y Obras (TRAMOSA)
Case T-276/21 Moio v EUIPO – Paul Hartmann (moio.care)
EU trade mark – Opposition proceedings – Application for EU figurative mark moio.care – Earlier EU word mark Molicare – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-370/21 Biogena v EUIPO – Alter Farmacia (NUTRIFEM AGNUBALANCE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark NUTRIFEM AGNUBALANCE – Earlier EU word mark NUTRIBEN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-506/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Contracts concluded by the Commission on behalf of the Member States for the delivery of COVID-19 vaccines – Invitation emails to meetings of the Steering Committee – Partial refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – The transmission of personal data is not necessary for a specific purpose in the public interest – Article 9(1)(b) of Regulation (EU) 2018/1725
Case T-680/21 Funline International v EUIPO (AMSTERDAM POPPERS)
EU trade mark – Application for EU word mark AMSTERDAM POPPERS – Absolute grounds for refusal – Trade mark contrary to public policy – Article 7(1)(f) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – Distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
Case T-679/20 Dr. August Wolff v EUIPO – Combe International (Vagisan)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark Vagisan – Cross-claim – Subject matter of the action – No interest in bringing proceedings – Inadmissibility
Case T-282/21 SS and ST v Frontex
Actions for failure to act – Right to asylum – Invitation to act – Position taken by Frontex – Inadmissibility
Case T-645/21 Bloom v Parliament and Council
Case T-695/21 Alauzun and Others v Commission
Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction
Case T-242/19 Giant Electric Vehicle Kunshan v Commission
Case T-243/19 Giant Electric Vehicle Kunshan v Commission
Case T-392/20 Flašker v Commission
State aid – Measures granted by Slovenia to a municipal network of dispensing pharmacies – Preliminary examination phase – Decision of the Commission finding no State aid and, possibly, that there is existing aid – Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU – Serious difficulties
Case T-750/20 Correia v EESC
Case T-68/21 QA v Commission
Non-contractual liability – Grant agreement concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007 to 2013) – Audit report – Language – Sufficiently serious breach of a rule of law conferring rights on individuals – Proportionality – Principle of good administration
Case T-103/21 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-104/21 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-105/21 Kanyama v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-106/21 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-107/21 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-109/21 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-110/21 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-112/21 Numbi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-119/21 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-120/21 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-181/21 LG Electronics v EUIPO – Anferlux-Electrodomésticos (SmartThinQ)
Case T-210/21 Vintae Luxury Wine Specialists v EUIPO – R. Lopez de Heredia Viña Tondonia (LOPEZ DE HARO)
EU trade mark – Opposition proceedings – Application for EU figurative mark LOPEZ DE HARO – Earlier EU word mark LOPEZ DE HEREDIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-527/21 Abenante and Others v Parliament and Council
Action for annulment – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – No legal interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
May 2022
Case T-328/21 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium extrusions originating in China – Act imposing a definitive anti-dumping duty – Importer – Regulatory act entailing implementing measures – Act not of individual concern – Inadmissibility
Language of the case: English
Case T-423/14 RENV Larko v Commission
State aid – Aid implemented by Greece – Decision declaring the aid incompatible with the internal market – Concept of State aid – Advantage – Private operator principle – Guarantee premium – Firm in difficulty – Knowledge of the Greek authorities – Commission Notice on State aid in the form of guarantees – Manifest error of assessment
Language of the case: Greek
Case T-30/19 and T-72/19 CRIA and CCCMC v Commission
Dumping – Subsidies – Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China – Definitive anti-dumping duty – Definitive countervailing duty – Action for annulment – Locus standi – Direct concern – Individual concern – Regulatory act which does not entail implementing measures – Interest in bringing proceedings – Injury to the Union industry – Objective examination – Causal link – Calculation of the price undercutting and the injury margin – Fair comparison of prices – Constructed import prices – Prices charged to first independent buyers – Difference in the level of trade – Complex economic assessments – Intensity of judicial review – Injury indicators – Weighting of the data – Access to non-confidential investigation data – Rights of the defence
Language of the case: English
Case T-718/20 Wizz Air Hungary v Commission (TAROM; Rescue aid)
State aid – Air transport – Support measure taken by Romania – Rescue aid to TAROM – Decision not to raise any objections – Action for annulment – Status as a party concerned – Safeguarding of procedural rights – Admissibility – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Measure aiming to prevent social hardship or to address market failure – ‘One time, last time’ principle – Effect of earlier aid granted before Romania’s accession to the European Union – Serious difficulties – Obligation to state reasons
Language of the case: English
Case T-913/16 Fininvest and Berlusconi v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Assessment of acquisitions of qualifying holdings – Opposition to the acquisition of a qualifying holding – Non-retroactivity – Res judicata – Application of national transposing provisions – Rights of the defence – Right of access to the file – Right to be heard – New plea in law – Primacy of EU law – Right to effective judicial protection
Language of the case: Italian
Case T-151/20 Czech Republic v Commission
Own resources of the European Union – Financial liability of a Member State – Import duties – Payment to the Commission of amounts corresponding to non-recovered own resources – Action based on unjust enrichment of the European Union – Obligations of a Member State with regard to own resources – Obligation to lodge a security – Exemption from making available amounts corresponding to established entitlements declared irrecoverable
Language of the case: Czech
Case T-245/19 Uzina Metalurgica Moldoveneasca v Commission
Safeguard measures – Market for steel products – Implementing Regulation (EU) 2019/159 – Action for annulment – Interest in bringing proceedings – Standing to bring proceedings – Admissibility – Equal treatment – Legitimate expectations – Principle of sound administration – Duty of care – Threat of serious injury – Manifest error of assessment – Initiation of a safeguard investigation – Competence of the Commission – Rights of the defence
Language of the case: English
Case T-609/19 Canon v Commission
Competition – Concentrations – Medical equipment manufacturing sector – Decision imposing fines for implementing a concentration prior to notification and authorisation – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Interim transaction and ultimate transaction – Parking structure – Single concentration – Rights of the defence – Legitimate expectations – Principle of legality – Proportionality – Amount of fines – Mitigating circumstances
Language of the case: English
Case T-296/20 Foz v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial – Determination of listing criteria
Language of the case: English
Case T-577/20 Ryanair v Commission (Condor; rescue aid)
State aid – German air transport market – Loan granted by Germany to Condor Flugdienst – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Guidelines on State aid for rescuing and restructuring undertakings in difficulty – Intrinsic difficulties that are not the result of an arbitrary allocation of costs within the group – Difficulties that are too serious to be dealt with by the group itself – Risk of disruption to an important service
Language of the case: English
Information (on unpublished decisions)
Case T-384/20 OC v Commission
Non-contractual liability – OLAF investigation – Press release – Processing of personal data – Presumption of innocence – Confidentiality of OLAF investigations – Right to sound administration – Proportionality – Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-117/21 Deichmann v EUIPO – Munich (Representation of two crossed stripes placed on the side of a shoe)
EU trade mark – Invalidity proceedings – EU figurative mark representing a cross on the side of a sports shoe – Article 7(1)(b) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Article 94(1) of Regulation 2017/1001
Case T-237/21 Fidelity National Information Services v EUIPO – IFIS (FIS)
EU trade mark – Opposition proceedings – Application for EU figurative mark FIS – Earlier EU word mark IFIS – 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)
Case T-619/21 PricewaterhouseCoopers Belastingadviseurs v EUIPO – Haufe-Lexware (TAXMARC)
EU trade mark – Opposition proceedings – Application for EU word mark TAXMARC – Prior EU figurative mark TAXMAN – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
Case T-497/21 Girardi v EUIPO
Action for annulment – EU trade mark – Representation before EUIPO – Notification of a deficiency in the power to act as a representative before EUIPO – Act not open to challenge – Preparatory act – Inadmissibility
Case T-93/21 Creaticon v EUIPO – Paul Hartmann (SK SKINTEGRA THE RARE MOLECULE)
EU trade mark – Opposition proceedings – International registration designating the European Union – EU figurative mark SK SKINTEGRA THE RARE MOLECULE – Earlier national word mark SKINTEGRITY – 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)
Case T-59/22 R Conserve Italia and Conserves France v Commission
Interim relief – Competition – Agreements, decisions and concerted practices – European market for preserved vegetables – Decision imposing a fine – Application for suspension of operation of a measure – No urgency
Case T-251/19 Wieland-Werke v Commission
Competition – Concentrations – Market for rolled products and pre-rolled strip made of copper and copper alloys – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Commitments – Relevant market – Assessment of the horizontal and vertical effects of the transaction on competition – Manifest error of assessment – Principle of good administration – Rights of the defence
Case T-479/20 Eurobolt and Others v Commission
Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with a judgment of the Court of Justice – Article 266 TFEU – Re-imposition of a definitive anti-dumping duty – Non-retroactivity – Effective judicial protection – Principle of good administration – Competence of the author of the act
Case T-593/20 Tirrenia di navigazione v Commission
State aid – Maritime transport – Service of general economic interest – Decision declaring the aid unlawful – Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery – Rescue aid – Compatibility with the internal market – Period of six months – Extension – Requirement to submit a restructuring or liquidation plan – Guidelines on State aid for rescuing and restructuring firms in difficulty – Tax exemption – Advantage – Selective nature – Effect on trade between Member States – Adverse effect on competition – Excessive duration of the procedure – Legitimate expectations – Legal certainty – Principle of good administration
Case T-601/20 Tirrenia di navigazione v Commission
State aid – Maritime transport – Service of general economic interest – Aid granted to Adriatica for the period from January 1992 to July 1994 in relation to the Brindisi/Corfu/Igoumenitsa/Patras connection – Decision declaring the aid unlawful – Decision declaring the aid incompatible with the internal market and ordering its recovery – Interest accrued – Limitation period – New aid – Incompatibility with the internal market – Effects of a cartel on the market – Excessive duration of the procedure – Legitimate expectations – Legal certainty – Principle of good administration
Case T-256/21 Domator24.com Paweł Nowak v EUIPO – Siwek and Didyk (Armchair)
Community design – Invalidity proceedings – Registered community design representing an armchair – Earlier community design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 25(1)(b) and Article 6(1)(b) of Regulation No 6/2002
Case T-435/21 TK v Commission
Civil service – Officials – Promotion – 2020 promotion exercise – Decision not to promote the applicant to grade AD 15 – Comparing merits – Equal treatment – Manifest error of assessment – Obligation to state reasons
Case T-101/22 R OG and Others v Commission
Interim Relief – Regulation (EU) 2021/953 – Delegated Regulation (EU) 2021/2288 – EU Digital COVID certificate – Application for suspension of operation of a measure – No urgency
Case T-534/21 VP v Cedefop
Action for annulment and for damages – Civil service – Temporary staff – Request for renewal of a contract for an indefinite period – Decision not to renew – Action for annulment and for damages – Actionable measure – Manifest inadmissibility
Case T-193/22 R OT v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No prima facie case – No urgency
June 2022
Case T-481/17 Fundación Tatiana Pérez de Guzmán el Bueno and SFL v SRB
Language of the case: Spanish
Case T-510/17 Del Valle Ruíz and Others v Commission and SRB
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Right to be heard – Delegation of power – Right to property – Obligation to state reasons – Articles 18 and 20 and Article 21(1) of Regulation (EU) No 806/2014
Language of the case: English
Case T-523/17 Eleveté Invest Group and Others v Commission and SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Right to be heard – Duty to state reasons – Articles 18 and 20 of Regulation (EU) No 806/2014 – Non-contractual liability
Language of the case: Spanish
Case T-570/17 Algebris (UK) and Anchorage Capital Group v Commission
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Delegation of power – Obligation to state reasons – Principle of good administration – Article 20 of Regulation (EU) No 806/2014 – Right to be heard – Right to property
Language of the case: English
Case T-628/17 Aeris Invest v Commission and SRB
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Delegation of power – Right to be heard – Right to property – Obligation to state reasons – Articles 14, 18 and 20 of Regulation (EU) No 806/2014
Language of the case: Spanish
Cases T-363/19 and T-456/19 United Kingdom and ITV v Commission
State aid – Aid scheme implemented by the United Kingdom in favour of certain multinational groups – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Advance tax rulings – Tax regime relating to the financing of groups and concerning in particular controlled foreign companies – Selective tax advantages
Language of the case: English
Case T-293/21 Muschaweck v EUIPO – Conze (UM)
EU trade mark – Revocation proceedings – EU word mark UM – Genuine use of the mark – Use with the consent of the proprietor – Use in the form in which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Representation by the proprietor of the trade mark – Evidence of use submitted within the time limit set
Language of the case: German
Case T-334/21 Mendes de Almeida v Council
Civil service – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Portugal – No dispute between the Union and one of its servants within the limits and under the conditions laid down in the Staff Regulations and the CEOS – Article 270 TFEU – Manifest lack of jurisdiction
Language of the case: Portuguese
Case T-235/18 Qualcomm v Commission (Qualcomm – Exclusivity payments)
Competition – Abuse of a dominant position – LTE chipsets market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Exclusivity payments – Rights of the defence – Article 19 and Article 27(1) of Regulation (EC) No 1/2003 – Foreclosure effects
Language of the case: English
Case T-449/21 Natixis v Commission
Action for annulment – Preliminary issue – Lack of representation by a lawyer authorised to practise solely before the courts or tribunals of the United Kingdom in one of the situations exhaustively provided for by Article 91(2) of the Agreement on the withdrawal of the United Kingdom from the Union and from Euratom – Lack of representation by a lawyer authorised to practise before the courts or tribunals of a Member State or of another State which is a party to the EEA Agreement – Article 19 of the Statute of the Court of Justice of the European Union
Language of the case: English
Case T-357/19 Italy v Commission
Language of the case: Italian
Case T-797/19 Anglo Austrian AAB and Belegging-Maatschappij 'Far-East' v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the European Central Bank (ECB) – Decision to withdraw authorisation from a credit institution – Serious breach of the national legislation transposing Directive 2005/60/EC – Proportionality – Infringement of the legislation on the governance of credit institutions – Rights of the defence – Manifest error of assessment – Right to effective judicial protection
Language of the case: German
Case T-657/20 Ryanair v Commission (Finnair II; COVID-19)
State aid – Finnish air-transport market – Aid granted by Finland to Finnair in the context of the COVID-19 pandemic – Recapitalisation of an airline by its public and private shareholders on a pro rata basis in proportion to the previously existing ownership structure – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Derogation from certain requirements of the temporary framework – No weighing of the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Language of the case: English
Case T-306/20 Hijos de Moisés Rodríguez González v EUIPO – Ireland and Ornua (La Irlandesa 1943)
EU trade mark – Invalidity proceedings – EU figurative mark La Irlandesa 1943 – Absolute grounds for invalidity – Declaration of invalidity by the Grand Board of Appeal of EUIPO – Evidence submitted for the first time before the Court – Relevant date for the examination of an absolute ground for invalidity – Mark of such a nature as to deceive the public – Article 7(1)(g) of Regulation (EC) No 207/2009 (now Article 7(1)(g) of Regulation (EU) 2017/1001) – Bad faith – Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Language of the case: English
Case T-609/20 LA International Cooperation v Commission
Pre-Accession Assistance Instrument – OLAF investigation – Commission decision imposing an administrative sanction – Exclusion from procurement and grant award procedures covered by the general budget of the European Union for a period of four years – Registration in the early detection and exclusion system database – Financial regulation – Unlimited jurisdiction – Proportionality of the sanction
Language of the case: English
Information (on unpublished decisions)
Case T-512/19 Del Valle Ruíz and Others v SRB
Action for annulment – Economic and monetary policy – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution scheme in respect of Banco Popular Español – No ex post definitive valuation of Banco Popular Español – Lack of direct concern – Manifest inadmissibility
Case T-355/20 Krasnyj Octyabr v EUIPO – Pokój (Pokój TRADYCJA JAKOŚĆ KRÓWKA SŁODKIE CHWILE Z DZIECIŃSTWA TRADYCYJNA RECEPTURA)
EU trade mark – Invalidity proceedings – EU figurative mark Pokój TRADYCJA JAKOŚĆ KRÓWKA SŁODKIE CHWILE Z DZIECIŃSTWA TRADYCYJNA RECEPTURA – Earlier international figurative mark KOPOBKA KOROVKA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001
Case T-363/20 Krasnyj Octyabr v EUIPO – Pokój (KRÓWKA MLECZNA Milk FUDGE)
EU trade mark – Invalidity proceedings – EU figurative mark KRÓWKA MLECZNA Milk FUDGE – Earlier international figurative mark KOPOBKA KOROVKA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001
Case T-440/20 Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive anti-dumping duty)
Dumping – Imports of tubes and pipes of ductile cast iron originating in India – Compliance with the judgment of the General Court in Case T 301/16 – Re-imposition of a definitive anti-dumping duty – Non-repayment in full of the initial definitive anti-dumping duty – Legal basis – Non-retroactivity – Legal certainty – Article 266 TFEU – Proportionality – Right to effective judicial protection – Article 103 of the Union Customs Code – Registration Regulation – Plea of illegality – Admissibility
Case T-441/20 Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive countervailing duty)
Subsidies – Imports of tubes and pipes of ductile cast iron originating in India – Compliance with the judgment of the General Court in Case T‑300/16 – Reimposition of a definitive countervailing duty – Non-repayment in full of the initial definitive countervailing duty – Legal basis – Non-retroactivity – Legal certainty – Article 266 TFEU – Proportionality – Right to effective judicial protection – Article 103 of the Union Customs Code – Registration Regulation – Plea of illegality – Admissibility
Case T-632/20 OG v EDA
Civil service – Members of the temporary staff – EDA staff – Vacancy notice – Head of Unit post – Rejection of application – Obligation to state reasons – Equal treatment – Transparency – Objectivity – Principle of sound administration – Infringement of the vacancy notice – Manifest error of assessment – Liability – Non-material harm
Case T-723/20 Prigozhin v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons and entities subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Initial inclusion and maintenance of the applicant’s name on the lists of persons concerned – Obligation to state reasons – Errors of assessment – Rights of the defence – Proportionality – Foreseeability of acts of the European Union
Case T-754/20 Cristescu v Commission
Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances
Case T-253/21 Aquino v Parliament
Civil service – Officials – Staff Committee of the Parliament – Election of the president of the Staff Committee – Annulment of the election – Liability
Case T-316/21 Worldwide Machinery v EUIPO – Scaip (SUPERIOR MANUFACTURING)
EU trade mark – Revocation proceedings – EU figurative mark SUPERIOR MANUFACTURING – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-585/21 Zásilkovna v Commission
State aid – Compensation granted for the provision of the universal service obligation in the postal sector – Complaint – Action for annulment – Act not open to challenge – Inadmissibility
Case T-654/21 Eurecna v Commission
Action for annulment – Public supply contracts – EDF – ‘Territorial strategies for innovation (TSI)’ contract – OLAF investigation – Registration in the Early Detection and Exclusion System (EDES) database – Act not open to challenge – Inadmissibility
Case T-196/22 R Mariani v Parliament
Interim measures – Institutional law – Member of Parliament – Exclusion from taking part in election observation delegations of the Parliament – Application for suspension of operation of a measure – No urgency
Case T-144/20 Guangxi Xin Fu Yuan v Commission
Dumping – Imports of ceramic tableware and kitchenware originating in China – Review investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Related companies – Procedural obligations – Article 5(10) and (11) of Regulation 2016/1036 – Articles 6.1, 6.2 and 12.1 of the Anti-Dumping Agreement – Rights of the defence – Equal treatment – Legitimate expectations – Manifest error of assessment
Case T-621/20 EMCS v EUAA
Public service contracts – Tender procedure – Provision of temporary agency workers for EASO – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Equal treatment – Principle of transparency – Manifest error of assessment – Obligation to state reasons
Case T-738/20 Deutschtec v EUIPO – Group A (HOLUX)
EU trade mark – Opposition proceedings – Application for the EU word mark HOLUX – Earlier international registration in respect of the word mark HOLUX – Relative grounds for refusal – Likelihood of confusion – Article 8 (1)(a) and (b) of Regulation (EU) 2017/1001
Cases T-26/21 to T-28/21 Apple v EUIPO – Swatch (THINK DIFFERENT)
EU trade mark – Revocation proceedings – Earlier EU word marks THINK DIFFERENT – No genuine use of the marks – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
Case T-92/21 Darment v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision to register – Authorisation to use a quota – Compliance with a judgment of the General Court – Principle of sound administration
Case T-355/21 Polo Club Düsseldorf v EUIPO – Company Bridge and Life (POLO CLUB DÜSSELDORF EST. 1976)
EU trade mark – Opposition proceedings – Application for EU figurative mark POLO CLUB DÜSSELDORF EST. 1976 – Earlier national figurative mark POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-433/21 Vitronic v EUIPO (Enforcement Trailer)
EU trade mark – Application for EU word mark Enforcement Trailer – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001
Case T-744/21 Medela v EUIPO (MAXFLOW)
EU trade mark – Application for the EU word mark MAXFLOW – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-104/22 R Hungary v Commission
Interim measures – Access to documents – Regulation (EC) No 1049/2001 – European Structural and Investment Funds – Regulation (EU) No 1303/2013 – Documents originating from a Member State – Application for suspension of operation of a measure – Prima facie case – Urgency – Balancing of interests
Case T-493/21 Equinoccio-Compañía de Comercio Exterior v Commission
Action for annulment – Instrument for Pre-Accession Assistance – Non-Member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-Member State – Lack of jurisdiction
Case T-236/21 FZ and Others v Commission
Civil service – Officials – Remuneration – Commission staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials – Action manifestly lacking any foundation in law
Case T-246/21 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials – Action manifestly lacking any foundation in law
Case T-531/16 Dumitrescu and Schwarz v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
Case T-532/16 YT and YU v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
Case T-533/16 YV and Others v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
Case T-538/16 Schaffrin v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
Case T-545/16 YY and ZA v Court of Justice of the European Union
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
Case T-380/20 Tubes Radiatori v EUIPO – Antrax It (Radiator for heating)
Community design – Invalidity proceedings – Community design representing a radiator – Earlier designs – Grounds for invalidity – Lack of individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Freedom of the designer – Saturation of the state of the art – Overall impression
Case T-122/21 QI v Commission
Civil service – Officials – Appraisal report – 2018 and 2019 appraisal exercises – Unsatisfactory appraisal of leadership performance – General implementing provisions of Article 43 of the Staff Regulations – Validation procedure – Principle of impartiality – Manifest error of assessment
Case T-338/21 F I S I v EUIPO – Verband der Deutschen Daunen- und Federnindustrie (ECODOWN)
EU trade mark – Invalidity proceedings – EU word mark ECODOWN – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – No distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001)
Case T-83/20 bonnanwalt v EUIPO – Bayerischer Rundfunk and Others (tagesschau)
EU trade mark – Revocation proceedings – EU word mark tagesschau – Partial revocation – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility
Case T-234/22 R Ismailova v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency – Balancing of interests
Case T-238/22 R Narzieva v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency – Balancing of interests
Case T-584/19 thyssenkrupp v Commission
Competition – Concentrations – Market for the production and distribution of flat carbon steel – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Commitments – Obligation to state reasons
Case T-502/20 Munich v EUIPO – Tone Watch (MUNICH10A.T.M.)
EU trade mark – Invalidity proceedings – EU word mark MUNICH10A.T.M. – Earlier EU and national figurative marks MUNICH – Relative grounds for refusal – Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 60(1)(a) of Regulation (EU) 2017/1001) – No likelihood of confusion – No similarity of the goods and services – No aesthetic complementarity – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Rights of the defence
Case T-739/20 Unite the Union v EUIPO – WWRD Ireland (WATERFORD)
EU trade mark – Revocation proceedings – EU word mark WATERFORD – Action for annulment – Article 63(3) of Regulation (EU) 2017/1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001)
Case T-29/21 Beveland v EUIPO – Super B (BUCANERO)
EU trade mark – Revocation proceedings – EU word mark BUCANERO – Genuine use of the trade mark – Article 18(1), second subparagraph, point (a) and Article 58(1) point (a) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character of the mark – Proof of genuine use
Case T-329/21 Puma v EUIPO – V. Fraas (FRAAS)
EU trade mark – Revocation proceedings – EU word mark FRAAS – Genuine use of a mark – Use in connection with the goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use
Case T-356/21 Future Motion v EUIPO – El Corte Inglés (HYPERCORE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark HYPERCORE – Earlier EU figurative mark HIPERCOR – 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)
Case T-479/21 Haswani v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Res judicata – Error of assessment – Proportionality – Obligation to state reasons – Rights of the defence – Right to a fair trial
Case T-602/21 Kubara v EUIPO (good calories)
EU trade mark – Application for EU figurative mark good calories – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Legal certainty – Legitimate expectations
Case T-628/21 Tequila Revolución v EUIPO – Horizons Group (London) (Revolution Vodka)
EU trade mark – Opposition proceedings – Application for the EU word mark Revolution Vodka – Earlier EU word mark TEQUILA REVOLUCIÓN – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – Absence of genuine use – Article 47(2) of Regulation 2017/1001
Case T-237/22 R Usmanov v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Lack of urgency – Balancing of interests
Case T-704/21 Compass Tex v EUIPO (Trusted Handwork)
Action for annulment – EU trade mark – Application for EU word mark Trusted Handwork – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-501/19 Corneli v ECB
Access to documents – Decision 2004/258/EC – Decision of the BCE to place Banca Carige under temporary administration – Refusal to grant access – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – General presumption of confidentiality – Concept of confidential information – Obligation to state reasons
Case T-337/20 Hochmann Marketing v EUIPO (bittorrent)
EU trade mark – Board of Appeal decision confirming the revocation of an earlier decision – Article 103(1) of Regulation (EU) 2017/1001 – Request for conversion into a national trade mark application – Ground precluding conversion – Non-use of the EU trade mark – Article 139(2)(a) of Regulation 2017/1001 – Right to be heard – Article 47 of the Charter of Fundamental Rights
Case T-641/20 Leonine Distribution v Commission
Culture – Creative Europe Programme (2014 to 2020) – MEDIA sub-programme – Call for Proposals EACEA/05/2018 – Decision of the EACEA rejecting the applicant’s application on the ground of failure to comply with the eligibility conditions – Commission decision dismissing the administrative appeal relating to the EACEA’s decision – Concept of ‘European company’ – Grant open only to applicants owned, directly or by majority participation, by nationals of EU Member States or by nationals of other European countries participating in the sub-programme – Errors of assessment – Failure to examine the documents annexed to the proposal – Proportionality
Case T-357/21 Jose A. Alfonso Arpon v EUIPO – Puma (PLUMAflex by Roal)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PLUMAflex by Roal – Earlier EU figurative mark PUMA – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-640/21 bet-at-home.com Entertainment v EUIPO (bet-at-home)
EU trade mark – Application for registration of the EU figurative mark bet-at-home – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
July 2022
Case T-280/18 ABLV Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Decision of the SRB not to adopt a resolution scheme – Action for annulment – Act adversely affecting a person – Interest in bringing proceedings – Standing to bring proceedings – Inadmissibility in part – Article 18 of Regulation (EU) No 806/2014 – Power of the author of the measure – Right to be heard – Obligation to state reasons – Proportionality – Equal treatment
Language of the case: English
Case T-388/19 Puigdemont i Casamajó and Comín i Oliveres v Parliament
Law governing the institutions – Members of the European Parliament – Refusal of the President of the Parliament to recognise the status of Member of the European Parliament and the associated rights of elected candidates – Action for annulment – Act not open to challenge – Inadmissibility
Language of the case: English
Case T-278/20 Zhejiang Hangtong Machinery Manufacture and Ningbo Hi-Tech Zone Tongcheng Auto Parts v Commission
Dumping – Imports of steel road wheels originating in China – Imposition of a definitive anti-dumping duty and definitive collection of the provisional duty – Articles 17(4), 18 and 20 of Regulation (EU) 2016/1036 – Lack of cooperation – Insufficient information provided to the Commission
Language of the case: English
Case T-631/20 MZ v Commission
Language of the case: Italian
Case T-250/21 Zdút v EUIPO – Nehera and Sehnal (nehera)
EU trade mark – Invalidity proceedings – EU figurative mark NEHERA – Absolute ground for invalidity – No bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
Case T-150/20 Tartu Agro v Commission
State aid – Agriculture – Lease contract for agricultural land in Estonia – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Determination of the market price – Private operator principle – Complex economic assessments – Judicial review – Taking into account of all relevant factors – Duty of diligence
Language of the case: Estonian
Case T-165/20 JC v EUCAP Somalia
Language of the case: French
Case T-194/20 JF v EUCAP Somalia
Arbitration clause – International contract staff of EUCAP Somalia – Common Foreign and Security Policy mission – Non-renewal of employment contract following the United Kingdom’s withdrawal from the European Union – Right to be heard – Equal treatment – Non-discrimination on grounds of nationality – Transition period provided for in the agreement on the withdrawal of the United Kingdom from the European Union – Action for annulment – Action for damages – Acts inseparable from the contract – Inadmissibility
Language of the case: English
Case T-457/20 VeriGraft v Eismea
Arbitration clause – ‘Horizon 2020 – Framework Programme for Research and Innovation’ (2014-2020) – Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency – P‑TEV’ – Unforeseen subcontracting costs – Simplified approval procedure – Subcontracting mentioned in the periodic technical reports – Approved periodic technical reports – Eligible costs
Language of the case: English
Case T-629/20 Delifruit v Commission
Plant protection products – Active substance chlorpyrifos – Determination of maximum residue levels for chlorpyrifos in or on bananas – Regulation (EC) No 396/2005 – Scientific and technical knowledge available – Other legitimate factors
Language of the case: English
Case T-227/21 Illumina v Commission
Competition – Concentrations – Pharmaceutical industry market – Article 22 of Regulation (EC) No 139/2004 – Referral request from a competition authority not having jurisdiction under national law to examine the concentration – Commission decision to examine the concentration – Commission decisions accepting requests from other national competition authorities to join the referral request – Competence of the Commission – Time limit for submitting the referral request – Concept of ‘made known’ – Reasonable time – Legitimate expectations – Public statements by the Vice-President of the Commission – Legal certainty
Language of the case: English
Case T-125/22 RT France v Council
Common foreign and security policy – Restrictive measures in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Listing of entities to which the restrictive measures apply – Competence of the Council – Rights of the defence – Right to be heard – Freedom of expression and information – Proportionality – Freedom to conduct a business – Principle of non-discrimination on grounds of nationality
Language of the case: French
Information (on unpublished decisions)
Case T-240/22 R Lacapelle v Parliament
Interim relief – Law governing the Institutions – Member of Parliament – Exclusion from participation in election observation delegations of the Parliament – Application for suspension of operation of a measure – Lack of urgency
Case T-241/22 R Juvin v Parliament
Interim relief – Law governing the Institutions – Member of Parliament – Exclusion from participation in election observation delegations of the Parliament – Application for suspension of operation of a measure – Lack of urgency
Case T-179/20 JP v Commission
Civil service – Open competition – Notice of Competition EPSO/AD/363/18 for the recruitment of administrators in the field of taxation (AD 7) – Non-inclusion on the reserve list – Composition of the selection board – Stability – Manifest error of assessment – Liability
Case T-246/20 Aerospinning Master Franchising v EUIPO – Mad Dogg Athletics (SPINNING)
EU trade mark – Revocation proceedings – EU word mark SPINNING – Trade mark which has become the common name in the trade for a product or service in respect of which it is registered – Article 51(1)(b) of Regulation (EC) No 207/2009 (now Article 58(1)(b) of Regulation (EU) 2017/1001) – Relevant public
Case T-681/20 OC v EEAS
Liability – Civil service – EEAS staff posted to a third country – Reporting of irregularities – Inspection report – Transfer – Acts adversely affecting an official – Conduct not entailing a decision – Compliance with the requirements of the pre-litigation procedure – Protection of whistleblowers – Article 22a of the Staff Regulations – Duty of care – Articles 7 and 8 of the Charter of Fundamental Rights – Right to privacy – Protection of personal data
Case T-20/21 VI v Commission
Civil service – Officials – Recruitment – Open Competition EPSO/AD/363/18 – Non-inclusion on the reserve list – Equal treatment – Stability in the composition of the selection board
Case T-129/21 Colombani v EEAS
Civil Service – Officials – EEAS staff – Post of Head of the EU Delegation to Canada – Post of Director for Middle East and North Africa – Rejection of application
Case T-288/21 ALO jewelry CZ v EUIPO – Cartier International (ALOve)
EU trade mark – Opposition proceedings – Application for the EU figurative mark ALOve – Earlier international figurative mark LOVe – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-408/21 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedures – Recovery of sums wrongly paid – Enforceable decisions – Article 299 TFEU – Competence of the author of the act – Non-contractual liability of the Union
Case T-664/21 YF v EFCA
Civil service – Members of the temporary staff – Contract for an indefinite period – Termination of contract – Incompetence – Manifest error of assessment – Principle of good administration
Case T-864/19 AI and Others v ECDC
Civil service – ECDC staff members – Psychological harassment – Request for assistance – Prior warnings – Article 31 of the Charter of Fundamental Rights – Article 24 of the Staff Regulations – Scope of the duty to provide assistance – Duty to have regard for the welfare of officials – Opening of an investigation – Reasonable time period – Liability – Unlawfulness
Case T-886/19 Design Light & Led Made in Europe and Design Luce & Led Made in Italy v Commission
Competition – Abuse of dominant position – Agreements, decisions and concerted practices – LED lighting sector – Patent Licensing Program – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Manifest error of assessment – Duty to state reasons – No EU interest – Probability of being able to establish the existence of an infringement
Case T-768/20 Standard International Management v EUIPO – Asia Standard Management Services (The Standard)
EU trade mark – Revocation proceedings – EU figurative mark The Standard – Declaration of revocation – Place of the use of the mark – Advertisements and offers for sale to consumers in the EU – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-147/21 Gugler France v EUIPO – Gugler (GUGLER)
EU trade mark – Invalidity proceedings – EU figurative mark GUGLER – Absolute ground for invalidity – No bad faith – Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-176/21 CCTY Bearing Company v EUIPO – CCVI International (CCTY)
EU trade mark – Invalidity proceedings – EU word mark CCTY – Earlier EU figurative mark CCVI – 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) – Misuse of rights – Article 71 of Regulation 2017/1001
Case T-251/21 Tigercat International v EUIPO – Caterpillar (Tigercat)
EU trade mark – Opposition proceedings – Application for EU word mark Tigercat – Earlier EU figurative mark CAT – 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)
Case T-283/21 Pejovič v EUIPO – ETA živilska industrija (TALIS)
EU trade mark – Invalidity proceedings – EU word mark TALIS – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-284/21 Pejovič v EUIPO – ETA živilska industrija (RENČKI HRAM)
EU trade mark – Invalidity proceedings – EU figurative mark RENČKI HRAM – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-286/21 Pejovič v EUIPO – ETA živilska industrija (RENŠKI HRAM)
EU trade mark – Invalidity proceedings – EU word mark RENŠKI HRAM – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-287/21 Pejovič v EUIPO – ETA živilska industrija (SALATINA)
EU trade mark – Invalidity proceedings – EU word mark SALATINA – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-369/21 Unimax Stationery v EUIPO – Mitsubishi Pencil (uni)
EU trade mark – Invalidity proceedings – EU figurative mark uni – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Signs or indications which have become customary – Article 7(1)(d) of Regulation No 40/94 (now Article 7(1)(d) of Regulation 2017/1001)
Case T-438/21 TL v Commission
Civil service – Members of the temporary staff – Fixed-term contract – Decision not to renew the contract – Vacancy notice – Manifest error of assessment – Duty of care – Psychological harassment – Liability
Case T-543/21 Purasac v EUIPO – Prollenium Medical Technologies (Rejeunesse)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Rejeunesse – Earlier EU word mark REVANESSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-573/21 Brand Energy Holdings v EUIPO (RAPIDGUARD)
EU trade mark – Application for EU word mark RAPIDGUARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Right to be heard
Case T-634/21 Rimini Street v EUIPO (WE DO SUPPORT)
EU trade mark – International registration designating the European Union – Word mark WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-641/21 dennree v EUIPO (BioMarkt)
EU trade mark – Application for registration of the EU figurative mark BioMarkt – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-677/21 TL v Commission
Civil service – Members of the temporary staff – Appraisal report for 2019 – Obligation to state reasons – Manifest error of assessment – Setting of objectives – Misuse of powers – Liability
Case T-170/22 R Telefónica de España v Commission
Interim relief – Public contracts for services – Trans-European Services for Telematics between Administrations (TESTA) – Application for interim measures – Lack of urgency
Case T-200/18 Fersher Developments and Lisin v Commission and ECB
Action for damages – Economic and monetary policy – Stability support programme for Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Sufficiently serious breach of a rule of law conferring rights on individuals – Equal treatment – Principle of proportionality – Action manifestly lacking any foundation in law
Case T-254/21 Armadora Parleros v Commission
Non-contractual liability – Common fisheries policy – Failure by the Commission to exercise its powers of control covered by the applicable legislation – Engine power of boats – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage – Causal link – Limitation period – Action manifestly inadmissible
Case T-51/22 Santos v EUIPO (Shape of a citrus press)
Action for annulment – EU trade mark – Application for a three-dimensional EU trade mark – Shape of a citrus press – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Decision adopted following the revocation of an earlier decision – Action manifestly lacking any foundation in law
August 2022
Information (on unpublished decisions)
Case T-269/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Polpharma – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
Case T-278/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Neuraxpharm – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
Case T-279/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Mylan – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
Case T-8/18 Batchelor v Commission
Case T-85/18 Batchelor v Commission
Action for annulment – Representation by a lawyer who is not a third party independent of the applicant – Inadmissibility
September 2022
Case T-631/19 BNetzA v ACER
Language of the case: German
Case T-642/19 JCDecaux Street Furniture Belgium v Commission
State Aid – Aid granted by Belgium to JCDecaux Street Furniture Belgium – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Obligation to state reasons
Language of the case: French
Case T-529/20 LR v EIB
Civil service – EIB staff – Remuneration – Resettlement allowance – Establishment of a member of staff’s residence in his or her own home after leaving the service of the EIB – Second indent of the first paragraph of Article 13 of the EIB Staff Rules – Concept of ‘home’ – Literal interpretation according to a prevailing language version – Unlimited jurisdiction – Dispute of a financial character – Admissibility
Language of the case: Spanish
Case T-713/20 OQ v Commission
Civil service – Recruitment – Notice of open competition EPSO/AD/378/20 (AD 7) – Croatian-language lawyer-linguists at the Court of Justice of the European Union – Decision of the selection board not to admit the applicant to the next stage of the competition – Conditions for admission – Condition relating to a level of education corresponding to completed university studies attested by a diploma in Croatian law – Possession of a French diploma in law – Freedom of movement for workers – Action for annulment
Language of the case: Croatian
Case T-486/21 OE v Commission
Civil service – Officials – Teleworking – Claim for reimbursement of telephone and internet connection expenses – Claim rejected – Plea of illegality – Partial admissibility – Article 71 of and Annex VII to the Staff Regulations – Duty to have regard for the welfare of officials – Principle of equality and non-discrimination – Right to respect for private life
Language of the case: French
Case T-604/18 Google and Alphabet v Commission (Google Android)
Competition – Abuse of dominant position – Smart mobile devices – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Concepts of multi-sided platform and market (‘ecosystem’) – Operating system (Google Android) – App store (Play Store) – Search and browser applications (Google Search and Chrome) – Agreements with device manufacturers and mobile network operators – Single and continuous infringement – Concepts of overall plan and conduct implemented in the context of the same infringement (product bundles, exclusivity payments and anti-fragmentation obligations) – Exclusionary effects – Rights of the defence – Unlimited jurisdiction
Language of the case: English
Case T-603/19 Helsingin Bussiliikenne v Commission
State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Economic continuity – Procedural rights of interested parties – Article 6(1) of Regulation (EU) 2015/1589 – Obligation to state reasons
Language of the case: Finnish
Case T-744/19 Methanol Holdings (Trinidad) v Commission
Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Article 3(1) to (3) and (5) to (8) of Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry – Calculation of price undercutting – Causal link – Article 9(4) of Regulation 2016/1036 – Calculation of the injury margin – Injury elimination
Language of the case: English
Joined Cases T-371/20 and T-554/20 Pollinis France v Commission
Access to documents – Regulation (EC) No 1049/2001 – Standing Committee for Plants, Animals, Food and Feed – EFSA guidance document on the risk assessment of plant protection products on bees – 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
Language of the case: English
Case T-95/21 Portugal v Commission (Madeira Free Zone)
Language of the case: Portuguese
Case T-475/21 France v Commission
Language of the case: French
Case T-174/21 Agrofert v Parliament
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the investigation against the former Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Interest in bringing proceedings ceasing in part to exist – No need to adjudicate in part – Obligation to state reasons
Language of the case: Czech
Information (on unpublished decisions)
Case T-793/19 Tirreno Power v Commission
State aid – Italian electricity market – Capacity mechanism – Decision not to raise objections – Availability of the electricity production capacity – Modification of the capacity mechanism – Serious difficulties – Procedural rights of interested parties – Guidelines on State aid for environmental protection and energy 2014-2020
Case T-794/19 Set v Commission
State aid – Italian electricity market – Capacity mechanism – Decision not to raise objections – Availability of the electricity production capacity – Modification of the capacity mechanism – Serious difficulties – Procedural rights of interested parties – Guidelines on State aid for environmental protection and energy 2014-2020
Case T-91/20 WT v Commission
Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and non-material damage
Case T-217/20 Greece v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Greece – Rural Development – Key controls – Flat-rate financial corrections – Obligation to state reasons – Protection of legitimate expectations – Legal certainty – Proportionality – Principle of sound administration
Case T-470/20 DD v FRA
Civil service – Temporary staff – Disciplinary regime – Removal from post – Opening of an administrative investigation – Initiation of disciplinary proceedings – Requirement for impartiality – Error of law – Manifest error of assessment – Articles 11, 12 and 21 of the Staff Regulations – Duty of loyalty – Legal certainty – Freedom of expression – Article 11 of the Charter of Fundamental Rights – Principle of sound administration – Duty of care – Presumption of innocence – Right to be heard – Reasonable period of time – Proportionality of the sanction
Case T-651/20 KL v EIB
Civil service – Personnel of the EIB – Unjustified absences – Failure to report for medical examination – Action for annulment and for damages
Case T-751/20 KL v EIB
Civil service – EIB staff – Sick leave – Rejection of medical certificates – Unjustified absences – Action for annulment and for damages
Case T-40/21 Slovakia v Commission
EAGF – Expenditure excluded from financing – Absence of procedures for recovery of aid overpaid – Procedural safeguards – Article 52(4)(a) of Regulation (EU) No 1306/2013 – Article 34(2) of Implementing Regulation (EU) No 908/2014
Case T-123/21 Stowarzyszenie chłodnictwa klimatyzacji i pomp ciepła v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Placement on the market – Release for free circulation – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision to register – Authorisation to use a quota
Case T-155/21 Völkl v EUIPO – Marker Dalbello Völkl (International) (Völkl)
EU trade mark – Invalidity proceedings – EU figurative mark Völkl – Earlier EU word mark Völkl – Earlier EU word mark VÖLKL – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-156/21 Völkl v EUIPO – Marker Dalbello Völkl (International) (Marker Völkl)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark Marker Völkl – Earlier EU word mark VÖLKL – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-217/21 SB v eu-LISA
Civil service – Contract staff – Staff of eu-LISA – Dismissal decision at the end of the probationary period – Obligation to state reasons – Normal probationary conditions – Right to be heard – Procedural irregularities – Duty of care – Manifest error of assessment – Principle of sound administration
Case T-341/21 Rauff-Nisthar v Commission
Civil service – Officials – Open Competition EPSO/AD/371/19 – Non-inclusion on the reserve list – Irregularities in the conduct of the tests liable to distort the result – Equal treatment – Manifest error of assessment – New plea
Case T-353/21 KTM Fahrrad v EUIPO – KTM (R2R)
EU trade mark – Revocation proceedings – EU word mark R2R – Declaration of revocation – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Proper reason for non-use
Case T-448/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech COVID-19 vaccines – Action for annulment – Express decision adopted after implied refusal of access – No lis pendens on account of the inadmissibility of another action – Partial refusal of access – Exceptions relating to the protection of privacy and the integrity of the individual, the protection of legal advice, the protection of the decision-making process and the protection of the commercial interests of a third party
Case T-507/21 Migadakis v ENISA
Civil service – Members of the temporary staff – Recruitment – Call for expressions of interest – Video examination – Minimum points threshold – Equality of treatment – Whether marking was objective
Case T-521/21 6Minutes Media v EUIPO – ad pepper media International (ad pepper the e-advertising network)
EU trade mark – Revocation proceedings – EU figurative mark ad pepper the e-advertising network – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
Case T-627/21 Segimerus v EUIPO – Karsten Manufacturing (MONSOON)
EU trade mark – Invalidity proceedings – EU word mark MONSOON – Absolute ground for invalidity – Article 59(1)(b) of Regulation (EU) 2017/1001 – Article 94 of Regulation 2017/1001 – Article 34 of Regulation 2017/1001
Case T-651/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech COVID-19 vaccines – Action for annulment – Express decisions adopted after implied refusal of access – No lis pendens on account of the inadmissibility of another action – Total and partial refusal of access – Exceptions relating to the protection of privacy and the integrity of the individual, the protection of legal advice, the protection of the decision-making process and the protection of the commercial interests of a third party
Case T-699/21 Peace United v EUIPO – 1906 Collins (MY BOYFRIEND IS OUT OF TOWN)
EU trade mark – Revocation proceedings – EU word mark MY BOYFRIEND IS OUT OF TOWN – Declaration of revocation – Absence of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Abuse of rights
Case T-730/21 Łosowski v EUIPO – Skawiński (KOMBI)
EU trade mark – Invalidity proceedings – EU word mark KOMBI – Earlier EU word mark kombii – Relative ground for invalidity – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Reliance on an individual right to use the name ‘kombi’ under national law
Case T-754/21 Peace United v EUIPO – 1906 Collins (bâoli)
EU trade mark – Revocation proceedings – EU figurative mark bâoli – Declaration of revocation – Absence of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Abuse of rights
Case T-9/22 Olimp Laboratories v EUIPO (VITA-MIN MULTIPLE SPORT)
European Union trade mark – Application for the European Union word mark VITA-MIN MULTIPLE SPORT – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
Case T-75/22 Prigozhin v Council
Action for annulment – Common foreign and security policy – Restrictive measures taken against serious human rights violations and abuses – Grounds of the decisions mentioning the applicant’s name as the financier of the Wagner Group – Assessments made in the grounds of the decisions – Acts not open to appeal – Inadmissibility
Case T-130/22 Biologische Heilmittel Heel v EUIPO – Esi (TRAUMGEL)
EU trade mark – Opposition proceedings – Application for EU figurative mark TRAUMGEL – Earlier EU word mark Traumeel – Relative ground for refusal – No likelihood of confusion – No similarity of the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-597/19 Helsingin kaupunki v Commission
State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Existing aid – Advantage – Application of the private creditor criterion in a market economy test – Public status of the debtor – Taking into account an existing aid scheme – Application of the private investor criterion in a market economy test – Economic continuity – Procedural rights of the interested parties – Article 108(2) TFEU – Obligation to state reasons – General principles of EU law
Case T-865/19 Nevinnomysskiy Azot and NAK "Azot" v Commission
Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Definitive anti-dumping duty – Dumping margin – Determination of the normal value – Adjustments – Construction of the export price – Fair comparison – Injury to the Union industry – Calculation of price undercutting – Sales between related companies – Causal link – Calculation of the injury margin – Injury elimination – ‘Lesser duty’ rule – Use of facts available
Case T-575/20 SŽ - Tovorni promet v Commission
Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing Decision on the applicability of Article 34 of Directive 2014/25 on railway freight transport in Slovenia – Direct exposure to competition – Product market definition – Geographic market definition – Assessment of direct exposure to competition – Principle of good administration – Obligation to state reasons
Case T-775/20 PB v Commission
Public supply contracts – Provision of technical assistance services to the High Judicial Council and the Ukrainian authorities – Irregularities in the procedure for awarding contracts – Recovery of amounts unduly paid – Debit note – Director of the company – Legal basis – Non-contractual liability
Joined Cases T-101/21 and T-213/21 Primagra and Mlékárna Hlinsko v Commission
Actions for annulment – European Structural and Investment Funds – ERDF – Cohesion Fund – ESF – Regulation (EU) No 1303/2013 – Letter concerning the follow-up of recommendations set out by the Commission in its audit of alleged conflicts of interest – Act not amenable to review – Preparatory act – Inadmissibility
Case T-179/21 QN v Commission
Civil service – Officials – Appraisal report – 2019 appraisal procedure – Obligation to state reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Liability
Joined Cases T-367/21 and T-432/21 Sushi&Food Factor v EUIPO (READY 4YOU)
EU trade mark – Applications for EU figurative marks READY 4YOU – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-416/21 Itinerant Show Room v EUIPO – Save the Duck (ITINERANT)
EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Similarity – Reputation – Link – Undue advantage – Lack of due cause – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document produced for the first time before the Board of Appeal – Inadmissibility
Case T-417/21 Itinerant Show Room v EUIPO – Save the Duck (ITINERANT)
EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Similarity – Repute – Link – Unfair advantage – No due cause – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document produced for the first time before the Board of Appeal – Inadmissibility
Case T-423/21 Gioioso v EUIPO – Maxi Di (MARE GIOIOSO di Sebastiano IMPORT EXPORT)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MARE GIOIOSO di Sebastiano IMPORT EXPORT – Earlier national figurative mark GIOIA DI MARE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-498/21 Lotion v EUIPO (BLACK IRISH)
EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-607/21 Blueroots Technology v EUIPO – Rezk-Salama and Breitlauch (SKILLTREE STUDIOS)
EU trade mark – Invalidity proceedings – EU word mark SKILLTREE STUDIOS – Absolute grounds for refusal – Lack of descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-609/21 Privatbrauerei Eichbaum v EUIPO – Anchor Brewing Company (STEAM)
EU trade mark – Revocation proceedings – EU word mark STEAM – Genuine use of the mark – Nature of use – Article 18(1), second subparagraph, heading (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
Case T-686/21 Task Food v EUIPO – Foodtastic (ENERGY CAKE)
EU trade mark – Invalidity proceedings – EU word mark ENERGY CAKE – Declaration of invalidity – Absolute grounds for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/2011)
Case T-705/21 Balaban v EUIPO (Stahlwerk)
EU trade mark – Application for the EU word mark STAHLWERK – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-706/21 Balaban v EUIPO (Stahlwerkstatt)
EU trade mark – Application for the EU word mark Stahlwerkstatt – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-737/21 Refractory Intellectual Property v EUIPO (e-tech)
EU trade mark – Application for EU word mark e-tech – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-795/21 Protectoplus v EUIPO (Li-SAFE)
EU trade mark – Application for EU word mark Li-SAFE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Restriction of the goods designated in the trade mark application
Case T-518/21 European Paper Packaging Alliance v Commission
Action for annulment – Environment – Commission Guidelines on single-use plastic products – Directive (EU) 2019/904 – Reduction of the impact of certain plastic products on the environment – Act not open to challenge – Inadmissibility
Case T-788/21 TDK Foil Italy v Commission
Action for annulment – Commercial policy – Dumping – Imports of aluminium flat-rolled products originating in China – Definitive anti-dumping duty – Independent importer – No individual concern – Inadmissibility
Case T-266/21 Casanova v EIB
Civil service – EIB staff – Termination of the contract at the end of the trial period – Lack of competence of the author of the act – Liability – Material damage – Premature claim for damages – Non-material damage
Case T-700/21 Voco v EUIPO (Shape of packaging)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-88/22 R Arhs developments v Commission
Interim relief – Public supply contracts – Provision of Development, Implementation, Maintenance/Operations, Advice and Consultancy Services in Accounting/Finance and Financial IT Systems – Rejection of a tenderer’s bid and award of the contract to another tenderer – Application for interim measures – Cancellation of the procurement procedure – Proceedings which have become devoid of purpose – No need to adjudicate
Case T-624/21 Primagran v EUIPO – Primagaz (prımagran)
EU trade mark – Opposition proceedings – Application for the EU figurative mark prımagran – Earlier EU figurative mark PRIMA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625 – Article 95(1) of Regulation 2017/1001 – Prohibition of reformatio in pejus – Action manifestly lacking any foundation in law
Case T-134/22 OO v EIB
Civil service – EIB staff – Remuneration – Expatriation allowance reduced by half – Salary statement – Time limit for bringing proceedings – Inadmissibility
Case T-421/17 RENV Leino-Sandberg v Parliament
Access to documents – Regulation (EC) No 1049/2001 – Document relating to a decision refusing a third party full access to trilogue tables relating to the proposal for a regulation of the Parliament and of the Council on Europol and repealing Decisions 2009/371/JHA and 2005/681/JHA – Refusal to grant access – Second indent of Article 4(2) of Regulation No 1049/2001 – Exception for the protection of court proceedings and legal advice
Case T-552/19 OP Malacalza Investimenti v ECB
Access to documents – Decision 2004/258/EC – ECB’s decision to place Banca Carige under temporary administration – Refusal of access – Exception relating to the protection of the confidentiality of information protected as such under EU law – General presumption of confidentiality – Exception relating to the protection of the commercial interests of a particular natural or legal person, including intellectual property – Meaning of confidential information – Obligation to state reasons – Opposition
Case T-627/20 LAICO v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Error of assessment
Case T-352/21 Oi Dromoi tis Elias v Commission
Institutional law – Selection of partners to carry out Europe Direct (2021-2025) activities in Greece – Call for proposals procedure – Eligibility criteria – Rejection of application
Case T-454/21 G-Core Innovations v EUIPO – Coretransform (G CORELABS)
EU trade mark – Opposition proceedings – Application for EU figurative mark G CORELABS – Earlier EU figurative mark CORE – 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)
Case T-517/21 Grieger v Commission
Civil service – Officials – Secondment – Commitment to reassign to a middle management post at the end of the secondment – Request to be reassigned – Interests of the service – Obligation to state reasons – Legitimate expectations – Duty to have regard for the welfare of officials
Case T-572/21 Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPAL TREE)
EU trade mark – Opposition proceedings – Application for EU word mark COPAL TREE – Earlier national figurative mark COMPAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-663/21 Zegers v Commission
Civil service – Officials – Retirement pension – Transfer of national pension rights – Condition requiring acquisition before entry into the service of the European Union – Recognition by the national authority of a period after entry into the service of the European Union
Case T-58/22 Labaš v EUIPO (FRESH)
EU trade mark – Application for the EU figurative mark FRESH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) and (2) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
October 2022
Case T-761/20 European Dynamics Luxembourg v ECB
Public procurement – Tendering procedure – Exclusion from the procurement procedure – Abnormally low offer – Attempts to unduly influence the decision-making process – Failure to observe the rules on communication – Proportionality – Obligation to state reasons – Misuse of powers – Non-contractual liability
Language of the case: English
Case T-618/21 WV v CdT
Civil service – Members of the temporary staff – Sick leave – Unjustified absences – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Liability
Language of the case: French
Case T-502/19 Corneli v ECB
Economic and monetary union – Banking union – Recovery and resolution of credit institutions – Early intervention measures – Decision of the ECB to place Banca Carige under temporary administration – Action for annulment – Action brought by a shareholder – Standing to bring proceedings – Interest separate from that of the bank – Admissibility – Error of law in the determination of the legal basis – Interpretation of national law by the EU Courts in conformity with EU law – Limit – Prohibition on interpreting national law contra legem
Language of the case: Italian
Case T-88/21 Paesen v EEAS
Civil service – Official – EEAS staff posted to a third country – Head of delegation – Management trial period – Final assessment report for the management trial period – Act not having an adverse effect – Inadmissibility – Reassignment to a non-management post at EEAS headquarters – Obligation to state reasons – Right to be heard – Conditions for application to heads of delegation of Article 11 of Commission Decision C(2008) 5028/2 of 9 September 2008 on middle management staff – Non-inclusion of documents in the personnel file – Interests of the service – Misuse of powers – Request for assistance – Decision rejecting the request – Liability
Language of the case: French
Case T-222/21 Shopify v EUIPO – Rossi and Others (Shoppi)
EU trade mark – Cancellation proceedings – EU figurative mark Shoppi – Earlier EU word mark SHOPIFY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Lack of enhanced distinctiveness of the earlier mark – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom (Brexit)
Language of the case: English
Case T-524/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence with AstraZeneca and the German authorities concerning the quantity of COVID-19 vaccines and their delivery times – Exception relating to the protection of court proceedings – Documents having been produced in the context of court proceedings that were closed at the time of adoption of the decision refusing access to those documents – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of commercial interests of a third party
Language of the case: German
Case T-850/19 Greece v Commission
Language of the case: Greek
Case T-273/21 The Bazooka Companies v EUIPO – Bilkiewicz (Shape of a baby’s bottle)
EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a baby’s bottle – Genuine use of the mark – Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use of the mark – Form differing in elements which do not alter the distinctive character – Obligation to state reasons
Language of the case: English
Information (on unpublished decisions)
Case T-517/19 INTP Homoki v Commission
Interpretation of a judgment – Inadmissibility
Case T-711/20 Puma v EUIPO – CMS (CMS Italy)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark CMS Italy – Earlier international figurative marks representing a feline bounding towards the left and earlier international figurative mark PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) – Similarity of the signs – Proof of reputation – Overall assessment
Case T-168/21 Magnetec v EUIPO (Bleu clair)
EU trade mark – Application for an EU trade mark consisting of a shade of light blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Limitation of goods designated by the trade mark application – Article 49(1) of Regulation 2017/1001 – Requirements of clarity and precision – Article 33(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-214/21 Múka v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to State aid control procedures – Refusal to grant access – Third indent of Article 4(2) of Regulation No 1049/2001 – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of non-disclosure – Overriding public interest
Case T-257/21 Basaglia v Commission
Non-contractual liability – Access to documents – Documents relating to research and technological development projects – Decision limiting the request for access and partially refusing access – Partial annulment by the General Court of that decision – Convictions by national courts – Unlawfulness of the conduct complained of – Causal link
Case T-311/21 SV v EIB
Civil service – EIB staff – Performance appraisal – Promotion – Administrative review – Special procedure applicable to appraisal decisions – Rule of correspondence between the administrative review and the subsequent application – Intensity of the review – Obligation to state reasons – Right to be heard – Manifest error of assessment – Liability
Case T-429/21 Aldi Einkauf v EUIPO – Cantina sociale Tollo (ALDIANO)
EU trade mark – Invalidity proceedings – EU word mark ALDIANO – Earlier EU word marks and earlier international word registration ALDI – Genuine use of the earlier mark – Article 64 of Regulation (EU) 2017/1001
Case T-500/21 Philip Morris Products v EUIPO (TOGETHER. FORWARD.)
EU trade mark – Application for EU word mark TOGETHER. FORWARD. – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-501/21 Philip Morris Products v EUIPO (Representation of angular lines in black and white)
EU trade mark – Application for EU figurative mark representing angular lines in black and white – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-502/21 Philip Morris Products v EUIPO (Representation of black and white lines)
EU trade mark – Application for EU figurative mark representing black and white lines – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-537/21 bett1.de v EUIPO – XXXLutz Marken (BODY STAR)
EU trade mark – Opposition proceedings – Application for EU word mark BODY STAR – Earlier EU word mark Bodyguard – Earlier national word mark Bodyguard – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-539/21 the airscreen company v EUIPO – Moviescreens Rental (airframe)
EU trade mark – Invalidity proceedings – Figurative mark airframe – Absolute grounds for refusal – No descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-599/21 bett1.de v EUIPO – XXXLutz Marken (Body-Star)
EU trade mark – Invalidity proceedings – EU word mark Body-Star – Earlier EU word mark Bodyguard – Relative ground for refusal – Article 60(1)(a) of Regulation (EU) 2017/1001, read in conjunction with Article 8(1)(b) of that regulation
Case T-696/21 Les Bordes Golf International v EUIPO – Mast-Jägermeister (LES BORDES)
EU trade mark – Opposition proceedings – Application for the EU figurative mark LES BORDES – Earlier international figurative mark consisting of inter alia a stag’s head – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-802/21 just-organic.com v EUIPO (JUST ORGANIC)
EU trade mark – Application for the EU figurative mark JUST ORGANIC – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-1/22 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium flat-rolled products originating in China – Imposition of a definitive anti-dumping duty – Importer – Regulatory act entailing implementing measures – Act not of individual concern – Inadmissibility
Case T-101/22 OG and Others v Commission
Action for annulment – Delegated Regulation (EU) 2022/503 – Delegated Regulation (EU) 2021/2288 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – Lack of direct concern – Inadmissibility
Case T-103/22 ON v Commission
Action for annulment – Delegated Regulation (EU) 2021/2288 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – Lack of direct concern – Inadmissibility
Case T-41/22 Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Action for annulment – Parliament resolution on the first anniversary of the de facto abortion ban in Poland – Act not open to challenge – Inadmissibility
Case T-83/21 Van Walle v ECDC
Civil service – Members of the temporary staff – ECDC staff members – Decision not to renew a contract – Manifest error of assessment – Misuse of powers – Duty to have regard for the welfare of officials – Right to be heard – Action for annulment and for damages
Case T-460/21 MCO (IP) v EUIPO – C8 (C2 CYPRUS CASINOS)
European Union trade mark – Opposition proceedings – Application for European Union figurative mark C2 CYPRUS CASINOS – Earlier national figurative mark C8 – Relative ground for refusal – Likelihood of confusion – Interdependence of factors – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
Case T-496/21 Vasallo Andrés v Parliament
Institutional law – Petitions Committee of the Parliament – Petition concerning the disciplinary regime for public employees in Spain – Question not coming within the scope of activity of the European Union – Obligation to state reasons – Conflict of interest – Effect of posting the status of a petition on the Parliament’s Internet petitions portal
Case T-589/21 Serrano Velázquez v Parliament
Institutional law – Petitions Committee of the Parliament – Petition concerning the infringement by the Spanish authorities of EU law in the field of fundamental rights – Decision to dismiss the petition – Obligation to state reasons
Case T-652/21 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling for connecting refrigeration or air-conditioning equipment to a motor vehicle – Grounds for invalidity – Novelty – Individual character – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article 7 of Regulation No 6/2002 – Scope of the application for a declaration of invalidity – Earlier design produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(i), (v) and (vi) of Regulation (EC) No 2245/2002
Case T-656/21 H/2 Credit Manager v EUIPO – Hcapital Partners SCR (H/2 CAPITAL PARTNERS)
EU trade mark – Opposition proceedings – Application for the EU word mark H/2 CAPITAL PARTNERS – Earlier EU figurative mark HCapital – Relative ground for refusal – Relevant public – Likelihood of confusion – Similarity of the signs – Similarity of the services – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-752/21 Associação do Socorro e Amparo v EUIPO – De Bragança (quis ut Deus)
EU trade mark – Revocation proceedings – EU figurative mark quis ut Deus – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-165/22 Saure v Commission
Action for annulment – Access to documents – Refusal to grant access – Lis pendens – Inadmissibility
Case T-55/22 Swords v Commission and ECDC
Action for annulment – Public health – Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Acts not open to challenge – European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC – Plea of illegality – Inadmissibility
Case T-416/22 R Fresenius Kabi Austria and Others v Commission
Interim relief – Medicinal products for human use – Directive 2001/83/EC – Marketing authorisations for medicinal products containing the active substance ‘hydroxyethyl starch (HES), solutions for infusion’ – Application for suspension of operation of a measure – No urgency
Case T-242/17 RENV SC v Eulex Kosovo
Arbitration clause – Common foreign and security policy – Civil international staff of EU international missions – Consecutive fixed-term employment contracts – Internal competition – Non-renewal of a fixed-term contract – Contractual liability – Non-contractual liability – Action for damages – Jurisdiction of the General Court – Admissibility – Procedure by default
Case T-270/20 JS v SRB
Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability
Case T-271/20 JS v SRB
Civil service – Members of the temporary staff – Time limit for complaints – Admissibility – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Rejection of the request – Absence of prima facie evidence – Duty to have regard for the welfare of staff – Liability
Case T-347/20 Sogia Ellas v Commission
State aid – Activities linked to the production, processing and marketing of agricultural products – Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences – Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Aid limited to disaster-hit geographical areas – Advantage – Selectivity – Market economy operator principle – Principle of sound administration – Right to be heard – Length of the procedure – Protection of legitimate expectations – Limitation period – Article 17 of Regulation (EU) 2015/1589
Case T-486/20 H&H v EUIPO – Giuliani (Swisse)
EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights
Case T-582/20 Ighoga Region 10 and Others v Commission
State aid – Construction of a hotel and congress centre in Ingolstadt – Decision finding that there is no State aid – Procedural rights of interested parties – Failure to initiate the formal investigation procedure – No serious difficulties
Case T-624/20 MV v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/364/19 (AD 7) – Decision of the Selection Board to exclude the applicant from the next stage of the competition – Competition eligibility requirements – Insufficient professional experience – Obligation to state reasons – Manifest error of assessment – Rules on languages – Equal treatment
Case T-717/20 Lenovo Global Technology Belgium v EuroHPC Joint Undertaking
Public procurement – Tendering procedure – Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca – Rejection of a tenderer’s bid – Equal treatment – Principle of sound administration – Manifest error of assessment
Case T-81/21 Sistem ecologica v Commission
Regulation (EU, Euratom) No 883/2013 – Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the Union – OLAF Communication to national customs authorities – OLAF investigation report – Action for annulment – Act not open to challenge – Claim for compensation – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case T-231/21 Praesidiad v EUIPO – Zaun (Post)
Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-275/21 Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern II)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings
Case T-323/21 Castel Frères v EUIPO – Shanghai Panati (Representation of Chinese characters)
EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character
Case T-437/21 Greenwich Polo Club v EUIPO – Lifestyle Equities (GREENWICH POLO CLUB)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – Article 71 of Regulation 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625
Case T-466/21 Baumberger v EUIPO – Nube (Lío)
EU trade mark – Invalidity proceedings – European Union figurative mark Lío – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-467/21 DBM Videovertrieb v EUIPO – Nube (Lío)
EU trade mark – Invalidity proceedings – European Union figurative mark Lío – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-716/21 Kaczorowska v EUIPO – Groupe Marcelle (MAESELLE)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MAESELLE – Earlier EU figurative mark MARCELLE – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-718/21 Kaczorowska v EUIPO – Groupe Marcelle (MAESELLE)
EU trade mark – Opposition proceedings – Application for the EU word mark MAESELLE – Earlier EU figurative mark MARCELLE – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-407/21 R PB v Commission
Interim relief – Public service contracts – Irregularities in the contract award procedure – Recovery of amounts unduly paid – Enforceable decision – Application for interim measures – Urgency – Prima facie case – Balance of interests
Case T-653/21 Callaway v Commission
Action for annulment – Common agricultural policy – Common catalogue of varieties of agricultural plant species – Plant varieties – Producer of the hemp variety Finola – Areas cultivated in Poland – Hemp varieties eligible for financial support under the common agricultural policy – Tetrahydrocannabinol (THC) content – Authorisation given to Poland to prohibit the marketing of the Finola variety in its territory – Not directly concerned – Inadmissibility
Case T-603/21 WO v EPPO
Civil service – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Candidates nominated by [confidential] 2 Confidential information omitted. – Refusal by the College of the European Public Prosecutor’s Office to appoint the applicant – No dispute between the Union and one of its servants within the limits and under the conditions laid down in the Staff Regulations and the CEOS – Article 270 TFEU – Manifest lack of jurisdiction
Case T-298/20 KD v EUIPO
Civil service – Members of the temporary staff – 2019 Appraisal exercise – Appraisal report – Pre-litigation procedure – Admissibility – Obligation to state reasons – Rights of the defence – Duty of care – Liability – Non-material damage
Case T-475/20 LE v Commission
Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU
Case T-714/20 Ovsyannikov v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Error of assessment
Case T-621/21 Lemken v EUIPO (Shade of sky blue)
EU trade mark – Application for an EU trade mark consisting of a shade of sky blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
Case T-668/21 Siremar v Commission
State aid – Maritime transport – Rescue aid – Decision declaring the aid unlawful – Decision declaring the aid in part compatible and in part incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to submit a restructuring or liquidation plan – Six-month time limit – Extension – Tax exemption – Advantage – Effect on trade between Member States – Adverse effect on competition – Length of proceedings – Legitimate expectations – Legal certainty – Principle of sound administration
Case T-776/21 Gameageventures v EUIPO (GAME TOURNAMENTS)
EU trade mark – Application for EU figurative mark GAME TOURNAMENTS – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Right to be heard – Equal treatment – Principle of sound administration
November 2022
Case T-246/19 Cambodia and CRF v Commission
Safeguard measures – Rice market – Imports of Indica rice originating in Cambodia and Myanmar/Burma – Regulation (EU) No 978/2012 – Concept of ‘Union producers’ – Concept of ‘like or directly competing products’ – Serious difficulties – Rights of the defence – Essential facts and considerations – Manifest errors of assessment
Language of the case: English
Case T-655/19 Ferriera Valsabbia and Valsabbia Investimenti v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing of prices – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – Holding of a new hearing attended by the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons
Language of the case: Italian
Case T-657/19 Feralpi v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Single, complex and continuous infringement – Evidence of involvement in the cartel – Public distancing – Unlimited jurisdiction
Language of the case: Italian
Case T-667/19 Ferriere Nord v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Evidence of involvement in the cartel – Aggravating circumstances – Repeated infringement – Mitigating circumstances – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
Case T-158/21 Minority SafePack – one million signatures for diversity in Europe v Commission
Law governing the institutions – European citizens’ initiative – ‘Minority SafePack – one million signatures for diversity in Europe’ – Commission communication setting out the reasons for not adopting the proposals for legal acts contained in the European citizens’ initiative – Obligation to state reasons – Equal treatment – Principle of sound administration – Manifest error of assessment
Language of the case: English
Case T-164/21 QM v EUROPOL
Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Interest of the service – Error in law – Manifest error of assessment – Right to a hearing – Principle of sound administration – Duty to have regard for the interests of officials
Language of the case: French
Cases T-122/20 and T-123/20 Sciessent v Commission
Biocidal products – Active substances – Silver zeolite and silver copper zeolite – Refusal of approval for product-types 2 and 7 – Article 4 and Article 19(1)(b) of Regulation (EU) No 528/2012 – Efficacy – Active substances for use in treated articles – Assessment of the efficacy of the treated articles themselves – Competence of the Commission – Principle of non-discrimination – Legal certainty – Legitimate expectations
Language of the case: English
Case T-469/20 Netherlands v Commission
Language of the case: Dutch
Case T-275/20 Westfälische Drahtindustrie and Others v Commission
Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Suspension of the obligation to provide a bank guarantee – Payment by instalments on a provisional basis – Judgment annulling the decision in part and setting a fine in an amount identical to the amount of the fine originally imposed – Application of payments made on a provisional basis – Default interest – First paragraph of Article 266 TFEU – Unjust enrichment – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Recovery of undue payments – No legal basis – Unlawfulness
Language of the case: German
Cases T-279/20 and T-288/20 CWS Powder Coatings and Others v Commission
Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment
Language of the case: German
Joined Cases T-316/14 RENV and T-148/19 PKK v Council
Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application
Language of the case: English
Case T-101/18 Austria v Commission
State aid – Nuclear industry – Aid planned by Hungary for the development of two new nuclear reactors at the Paks site – Decision declaring the aid compatible with the internal market subject to compliance with certain commitments – Article 107(3)(c) TFEU – Compliance of the aid with EU law other than State aid law – Inextricable link – Promotion of nuclear energy – First paragraph of Article 192 of the Euratom Treaty – Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability – Determination of the economic activity concerned – Market failure – Distortion of competition – Proportionality of the aid – Need for State intervention – Determination of the aid elements – Public procurement procedure – Obligation to state reasons
Language of the case: German
Case T-401/21 KN v Parliament
Law governing the institutions – Member of the EESC – Discharge procedure in respect of the implementation of the budget of the EESC for the financial year 2019 – Parliament resolution designating the applicant as the perpetrator of psychological harassment – Action for annulment – Act not open to challenge – Inadmissibility – Action for damages – Protection of personal data – Presumption of innocence – Obligation of confidentiality – Principle of good administration – Proportionality – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: French
Case T-611/21 ADS L. Kowalik, B. Włodarczyk v EUIPO – ESSAtech (Accessory for wireless remote controls)
Language of the case: Polish
Information (on unpublished decisions)
Case T-161/22 Ortega Montero v Parliament
Civil service – Staff representation – Amendment to the Rules of Procedure of the Staff Committee of Parliament – Appointment of staff representatives to bodies established under the Staff Regulations and to administrative bodies – Article 90(2) of the Staff Regulations – Failure to take a measure required by the Staff Regulations – Prior complaint to the appointing authority – Time limits for instituting proceedings – Out of time – Inadmissibility
Case T-672/21 Grupa 'Lew' v EUIPO – Lechwerke (GRUPALEW.)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark GRUPALEW. – Earlier national figurative mark LEW – Relative grounds 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) – Proof of genuine use – Article 10(1) of Delegated Regulation (EU) 2018/625 – Article 71(1) of Delegated Regulation 2018/625 – Action manifestly lacking any foundation in law
Case T-231/22 Growth Finance Plus v EUIPO (doglover)
EU trade mark – Application for EU word mark doglover – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-232/22 Growth Finance Plus v EUIPO (catlover)
EU trade mark – Application for EU word mark catlover – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-656/19 Alfa Acciai v Commission
Competition – Agreements, decisions and concerted practices – Market for reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – New hearing in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons
Case T-111/21 Ryanair v Commission (Croatia Airlines; COVID-19)
State aid – Croatian air transport market – Aid granted by Croatia to an airline in the context of the COVID-19 pandemic – Direct grant – Decision not to raise any objections – Action for annulment – Individual concern – Admissibility – Serious difficulties – Aid intended to make good the damage caused by an exceptional occurrence – Equal treatment – Freedom of establishment – Free provision of services – Assessment of the damage – Obligation to state reasons
Case T-596/21 Société Elmar Wolf v EUIPO – Fuxtec (Representation of the head of an animal)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a head – Earlier national figurative mark representing the head of a canine – Earlier international registration designating the European Union – Figurative mark representing the head of a canine – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No likelihood of confusion
Case T-601/21 Pharmadom v EUIPO – Wellstat Therapeutics (WELLMONDE)
EU trade mark – Opposition proceedings – Application for EU word mark WELLMONDE – Earlier national word mark WELL AND WELL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-604/21 WP and Others v Commission
Civil service – Members of the contract staff – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Additional years of pensionable service – Application for restitution of the amount of transferred national pension rights – Dismissal of application – ‘Minimum subsistence figure’ rule – Undue enrichment – Equal treatment
Case T-610/21 L'Oréal v EUIPO – Heinze (K K WATER)
EU trade mark – Opposition proceedings – Application for EU figurative mark K K WATER – Earlier EU figurative mark K – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-639/21 CB v EUIPO – China Construction Bank (CCB)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCB – Earlier EU figurative mark CB – Earlier international registration designating the European Union – Figurative mark CB – Relative grounds for refusal – No likelihood of confusion – Reputation and enhanced distinctiveness of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 94(1) of Regulation 2017/1001
Case T-779/21 Financiere Batteur v EUIPO – Leno Beauty (by L.e.n.o beauty)
EU trade mark – Opposition proceedings – Application for the EU figurative mark by L.e.n.o beauty – Earlier national word mark LAINO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-13/22 Loutsou v EUIPO (POLIS LOUTRON)
EU trade mark – Application for EU figurative mark POLIS LOUTRON – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-528/22 R Belaruskali v Council
Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Application for suspension of operation of a measure – No urgency
Case T-512/21 Epsilon Data Management v EUIPO – Epsilon Technologies (EPSILON TECHNOLOGIES)
EU trade mark – Revocation proceedings – EU figurative mark EPSILON TECHNOLOGIES – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of the use – Form differing in elements which do not alter the distinctive character – Use in connection with the services in respect of which the mark was registered
Case T-796/21 Grupo Eig Multimedia v EUIPO – Globalización de Valores CFC & GCI (FORO16)
EU trade mark – Opposition proceedings – Application for EU figurative mark FORO16 – Earlier EU figurative and word marks Cambio16, Energia16, Cambio16 radio – Earlier national figurative and word marks Camb16, DEFENSA Y SEGURIDAD 16, CAMBIO16 DIGITAL, EVENTOS 16, Salón16 – Relative ground for refusal – Family of marks – No evidence – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-800/21 Fieldpoint (Cyprus) v EUIPO (HYPERLIGHTOPTICS)
EU trade mark – Application for the EU word mark HYPERLIGHTOPTICS – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law
Case T-801/21 Fieldpoint (Cyprus) v EUIPO (HYPERLIGHTEYEWEAR)
EU trade mark – Application for the EU word mark HYPERLIGHTEYEWEAR – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law
Case T-72/21 Bowden and Young v Europol
Civil service – Members of the temporary staff – Europol staff – Withdrawal of the United Kingdom from the European Union – Loss of nationality of a Member State – Termination of contract – Article 47(b)(iii) of the CEOS – Request for an exception from the condition of employment provided for in Article 12(2)(a) of the CEOS – Refusal to grant an exception – Obligation to state reasons – Right to be heard – Length of the administrative procedure – Reasonable time – Legitimate expectations – Equal treatment – Interest of the service – Duty of care – Manifest error of assessment
Case T-515/21 Zeta Farmaceutici v EUIPO – Specchiasol (EUPHYTOS)
EU trade mark – Invalidity proceedings – EU word mark EUPHYTOS – Earlier EU figurative mark EuPhidra – Proof of genuine use of the earlier mark – Article 56(2) and Article 43(2) of Regulation (EC) No 40/94 (now Article 64(2) and Article 47(2) of Regulation (EU) 2017/1001) – Relevant periods – Submission of evidence for the first time before the Board of Appeal – Discretion of the Board of Appeal – Classification of new or complementary evidence – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625
Case T-701/21 Allessa v EUIPO – Dumerth (CASSELLAPARK)
EU trade mark – Cancellation proceedings – EU word mark CASSELLAPARK – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – Mark not of such a nature as to mislead the public – Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
Case T-14/22 uwe JetStream v EUIPO (JET STREAM)
EU trade mark – International registration designating the European Union – Word mark JET STREAM – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-151/22 General Wire Spring v EUIPO (GENERAL PIPE CLEANERS)
EU trade mark – International registration designating the European Union – Word mark GENERAL PIPE CLEANERS – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-116/22 R Belavia v Council
Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus – Application for suspension of operation of a measure – Lack of urgency
Case T-379/16 Basicmed Enterprises and Others v Council and Others
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Decision of the Governing Council of the ECB on the provision of emergency liquidity following a request by the Central Bank of Cyprus – Eurogroup statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus – Decision 2013/236/EU – Implementing Decision 2013/463/EU – Memorandum of Understanding of 26 April 2013 on specific economic policy conditions between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Admissibility – Formal requirements – Exhaustion of domestic remedies – Sufficiently serious breach of a rule of law conferring rights on individuals – Right to property – Legitimate expectations – Equal treatment – Action brought in part before a court which manifestly lacks jurisdiction to hear and determine the case, in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-698/16 Trasta Komercbanka and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Death of an applicant – No need to adjudicate in part – Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism – Equal treatment – Proportionality – Legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons
Case T-221/21 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Financial corrections – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Article 5(3) of Delegated Regulation (EU) No 499/2014
Case T-612/21 ADS L. Kowalik, B. Włodarczyk v EUIPO – ESSAtech (Accessory for wireless remote controls)
Community design – Invalidity proceedings – Registered Community design representing an accessory for a wireless remote control – Ground for invalidity – Features of appearance of a product which are solely dictated by its technical function – Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 – Facts or evidence submitted for the first time before the Board of Appeal – Article 63(2) of Regulation No 6/2002 – Obligation to state reasons – Article 41(1) and (2)(c) of the Charter of Fundamental Rights
Case T-678/21 Mendes v EUIPO – Actial Farmaceutica (VSL3TOTAL)
EU trade mark – Invalidity proceedings – EU word mark VSL3TOTAL – Earlier EU word mark VSL#3 – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-780/21 Lila Rossa Engros v EUIPO (LiLAC)
EU trade mark – Application for EU figurative mark LiLAC – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-12/22 Hasco TM v EUIPO – Esi (NATURCAPS)
EU trade mark – Invalidity proceedings – EU word mark NATURCAPS – Earlier national word mark NATURKAPS – No genuine use of the earlier trade mark – Article 64(2) of Regulation (EU) 2017/1001 – Classification of pharmaceutical products and food supplements
Case T-85/22 Korporaciya 'Masternet' v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU word mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown
Case T-155/22 Korporaciya 'asternet' v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU figurative mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown
December 2022
Case T-275/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Powers of the ECB – Investigatory powers – On-site inspections – Article 12 of Regulation (EU) No 1024/2013 – Decision of the ECB to conduct an inspection at the premises of a less significant credit institution – Action for annulment – Challengeable act – Admissibility – Competence of the ECB – Obligation to state reasons – Elements capable of justifying an inspection – Article 106 of the Rules of Procedure – Request for a hearing without a statement of reasons
Language of the case: English
Case T-301/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 6(5)(b) of Regulation (EU) No 1024/2013 – Need for the ECB’s direct supervision of a less significant credit institution – Request by the national competent authority – Article 68(5) of Regulation (EU) No 468/2014 – ECB decision classifying PNB Banka as a significant entity subject to its direct prudential supervision – Obligation to state reasons – Proportionality – Rights of the defence – Access to the administrative file – Report laid down in Article 68(3) of Regulation No 468/2014 – Article 106 of the Rules of Procedure – Request for a hearing lacking a statement of reasons
Language of the case: English
Case T-330/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 22 of Directive 2013/36/EU – Opposition of the ECB to the acquisition of qualifying holdings in a credit institution – Starting point of the assessment period – Intervention by the ECB during the initial stage of the procedure – Criteria of financial stability of the proposed acquirer and compliance with prudential requirements – Existence of reasonable grounds for opposing the acquisition on the basis of one or more assessment criteria – Article 106 of the Rules of Procedure – Request for a hearing without a statement of reasons
Language of the case: English
Case T-130/21 CCPL and Others v Commission
Language of the case: Italian
Case T-487/21 Neoperl v EUIPO (Representation of a cylindrical sanitary insert)
EU trade mark – Application for the EU trade mark representing a cylindrical sanitary insert – Tactile position mark – Absolute grounds for refusal – Scope of the law – Court acting of its own motion – Examination of distinctive character by the Board of Appeal – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Sign not capable of constituting an EU trade mark – Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign – Article 4 and Article 7(1)(a) of Regulation No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation 2017/1001)
Language of the case: German
Case T-709/21 WhatsApp Ireland v European Data Protection Board
Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern
Language of the case: English
Case T-111/20 PT Wilmar Bioenergi Indonesia and Others v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 3(1)(a) of Regulation (EU) 2016/1037 – Financial contribution – Article 3(2) of Regulation 2016/1037 – Benefit – Article 7(1)(a) of Regulation 2016/1037 – Calculation of the amount of the countervailable subsidy – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 28(5) of Regulation 2016/1037 – Use of available information – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 8(8) of Regulation 2016/1037 – Threat of material injury to the Union industry – Article 8(5) and (6) of Regulation 2016/1037 – Causal link – Attribution analysis – Non-attribution analysis
Language of the case: English
Case T-143/20 PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence
Language of the case: English
Case T-713/20 REC OQ v Commission
Rectification
Language of the case: Croatian
Case T-296/21 SU v EIOPA
Civil service – Members of the temporary staff – Contract for a fixed period – Non-renewal – Renewal procedure – Taking into account of appraisal reports – Non-finalised appraisal report – Liability – Material damage – Loss of opportunity – Non-material damage – Unlimited jurisdiction – Implementation of a judgment of the General Court
Language of the case: English
Case T-312/21 SY v Commission
Language of the case: German
Case T-530/21 Pierre Lannier v EUIPO – Pierre Lang Trading (PL)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing the superposed capital letters ‘P’ and ‘L’ – Earlier EU figurative mark representing a mirror image combination of the superposed capital letters ‘P’ and ‘L’ – Admissibility of the appeal before the Board of Appeal – Locus standi – 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)
Language of the case: English
Case T-626/20 Landwärme v Commission
Language of the case: German
Case T-746/20 Grünig v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duties – Exemption of imports for a particular end-use – Action for annulment – Severability – Regulatory act entailing implementing measures – Whether directly concerned – Challengeable act – Admissibility – First subparagraph of Article 9(5) of Regulation (EU) 2016/1036 – Duty imposed on a non-discriminatory basis – Equal treatment
Language of the case: French
Case T-747/20 EOC Belgium v Commission
Dumping – Imports of certain polyvinyl alcohols originating in the China – Definitive anti-dumping duties – Exemption of imports for a particular end-use – Action for annulment – Severability – Regulatory act entailing implementing measures – Direct concern – Challengeable act – Admissibility – First subparagraph of Article 9(5) of Regulation (EU) 2016/1036 – Duty imposed on a non-discriminatory basis – Equal treatment
Language of the case: French
Case T-260/21 E. Breuninger v Commission
Language of the case: German
Case T-306/21 Falke v Commission
Language of the case: German
Case T-330/21 EWC Academy v Commission
Social policy – Grants for actions to promote corporate governance initiatives – Call for proposals VP/2020/008 – Exclusion of European works councils not having legal personality – Article 197(2)(c) of Regulation (EU) 2018/1046
Language of the case: German
Case T-525/21 E. Breuninger v Commission
Action for annulment – State aid – Framework scheme to establish a federal compensation scheme in Germany for losses caused by lockdown decisions – Decision not to raise any objections – Aid to make good the damage caused by natural disasters or other exceptional occurrences – No interest in bringing proceedings – Inadmissibility
Language of the case: German
Case T-702/21 Ekobulkos v Commission
State aid – Production of electricity from renewable sources – Complaint – Action for failure to act – Call to act – Admissibility – Obligation to act – None
Language of the case: Bulgarian
Information (on unpublished decisions)
Case T-640/22 R Westpole Belgium v Parliament
Interim measures – Public service contracts – External provision for IT services – Application for interim measures – Lack of urgency
Case T-230/20 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the ECB – Decision to withdraw the authorisation of the credit institution PNB Banka – Proposal of the national competent authority to withdraw authorisation – Insolvency decision in respect of PNB Banka – Reasonable time – Obligation to state reasons – Proportionality
Case T-537/20 Lithuania v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure by Lithuania – Aid for early retirement – Article 52(2) of Regulation (EU) No 1306/2013 – Article 34(6) and Article 35(1) of Implementing Regulation (EU) No 908/2014
Case T-566/21 Steinbach International v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – No individual concern – Inadmissibility
Case T-623/21 Puma v EUIPO – Vaillant (Puma)
EU trade mark – Opposition proceedings – Application for EU word mark Puma – Earlier EU figurative mark PUMA – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-721/21 Sunrise Medical and Sunrise Medical Logistics v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility
Case T-738/21 Bora Creations v EUIPO (essence)
EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-747/21 Borussia VfL 1900 Mönchengladbach v EUIPO – Neng (Fohlenelf)
EU trade mark – Revocation proceedings – EU word mark Fohlenelf – Genuine use of the mark – Article 58(1)(a), Article 94(1) and Article 97(1)(d) of Regulation (EU) 2017/1001
Case T-159/22 Sanetview v EUIPO – 2boca2catering (Las Cebras)
EU trade mark – Opposition proceedings – Application for EU figurative mark Las Cebras – Earlier national figurative mark LEZEBRA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-769/21 Euranimi v Commission
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in China and Taiwan – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility
Case T-311/22 AMO Development v EUIPO (IMedical instruments)
Community designs – Community designs representing medical instruments – No application for renewal – Cancellation of the designs on expiry of the registration – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002 – Duty to take due care – Action manifestly lacking any foundation in law
Case T-586/14 RENV II Xinyi PV Products (Anhui) Holdings v Commission
Dumping – Imports of solar glass originating in China – Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) – Right to access confidential documents – Manifest error of assessment – Rights of the defence
Case T-126/20 Autoridad Portuaria de Bilbao v Commission
State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Selective nature – Effect on trade between Member States – Distortion of competition – Appropriate measures
Case T-138/20 PT Ciliandra Perkasa v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence
Case T-526/20 Devin v EUIPO – Haskovo Chamber of Commerce and Industry (DEVIN)
EU trade mark – Invalidity proceedings – EU word mark DEVIN – Absolute grounds for refusal – Descriptive character – Geographical name – Not contrary to public policy – Mark not of such a nature as to mislead the public – Article 7(1)(c), (f) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(c), (f) and (g) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) – Cross-claim
Case T-533/20 Green Power Technologies v Key Digital Technologies Joint Undertaking
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreements – Eligible costs – OLAF report finding certain expenditure incurred to be ineligible – Recovery of sums paid – Burden of proof – Regulation (EU, Euratom) No 883/2013 – Counterclaim
Case T-687/20 Jinan Meide Casting and Others v Commission
Dumping – Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China – Reimposition of a definitive anti-dumping duty – Legal certainty – Legitimate expectations – Non-retroactivity – Article 10 of Regulation (EC) No 1225/2009 (now Article 10 of Regulation (EU) 2016/1036) – Proportionality – Registration of imports – Article 14(5) of Regulation No 1225/2009 (now Article 14(5) of Regulation 2016/1036)
Case T-753/20 Green Power Technologies v Commission
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – Eligible costs – OLAF report finding certain expenses incurred to be ineligible – Repayment of sums paid – Burden of proof – Regulation (EU, Euratom) No 883/2013 – Obligation to state reasons – Unjust enrichment – Action for annulment – OLAF report – Act not open to challenge – Inadmissibility
Case T-182/21 PKK v Council
Common foreign and security policy – Restrictive measures imposed on the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Applicability to situations of armed conflict – Terrorist group – Factual basis of the decisions to freeze funds – Decision taken by a competent authority – Authority of a third State – Review – Obligation to state reasons – Proportionality – Rights of the defence – Right to effective judicial protection
Case T-358/21 Hotel Cipriani v EUIPO – Altunis (CIPRIANI FOOD)
EU trade mark – Revocation proceedings – EU figurative mark CIPRIANI FOOD – Genuine use of a mark – Nature of use – Article 18(1)(a) of Regulation (EU) 2017/1001 – Extent of use – Article 58(1)(a) and (2) of Regulation 2017/1001
Case T-440/21 TM v ECB
Civil service – ECB staff – Recruitment – Vacancy notice – Procedure for filling a post of [confidential] 2 Confidential information redacted. – Selection criteria – Professional experience – Rejection of application – Appointment of another candidate – Obligation to state reasons – Manifest error of assessment – Misuse of powers – Interests of the service – Liability – Material and non-material damage
Case T-490/21 Vanhoudt v EIB
Civil service – EIB staff – Recruitment – Vacancy notice – Rejection of application – Appointment of another candidate – Obligation to state reasons – Irregularity in the recruitment procedure – Manifest error of assessment – Liability
Case T-553/21 Agrarfrost v EUIPO – McCain (Shape of a smiley)
EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a smiley – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use – No alteration of distinctive character
Case T-636/21 Eurol v EUIPO – Pernsteiner (eurol LUBRICANTS)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark eurol LUBRICANTS – Earlier national word mark EUROLLUBRICANTS – Proof of genuine use of the earlier mark – Articles 15 and 57 of Regulation (EC) No 207/2009 (now Articles 18 and 64 of Regulation (EU) 2017/1001) – Use with the trade mark proprietor’s consent – No alteration of distinctive character – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-717/21 ICA Traffic v Commission
Action for annulment – Public procurement – Negotiated procedure without prior publication of a contract notice – Supply of disinfection robots to European hospitals in the context of the COVID-19 crisis – Maximum quantity of goods to be supplied under a framework contract – Act forming part of a purely contractual framework – Act not amenable to review – Inadmissibility
Case T-18/22 Nemport Liman İşletmeleri Ve Özel Antrepo Nakliye Ticaret v EUIPO – Newport Europe (NEMPORT LİMAN İŞLETMELERİ)
EU trade mark – Opposition proceedings – Application for EU figurative mark NEMPORT LİMAN İŞLETMELERİ – Earlier EU word mark Newport – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-46/22 Esedra v Parliament
Public service contracts – Tender procedure – Full management of the Parliament’s early childhood centre in Brussels – Rejection of a tenderer’s tender – Abnormally low tender – Compliance of a tender with the conditions laid down in the specifications – Obligation to state reasons – Manifest errors of assessment
Case T-110/22 Kremer v Commission
Civil service – Members of the contract staff – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Crediting of additional years of pensionable service – Action for annulment – Request for repayment of transferred capital which has not given rise to a crediting of additional years of pensionable service – Time limit for complaints – Unjust enrichment – Manifest inadmissibility
Case T-111/22 Baert v Commission
Civil service – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Crediting of additional years of pensionable service – Action for annulment – Request for repayment of transferred capital which has not given rise to a crediting of additional years – Time limit for complaints – Unjust enrichment – Manifest inadmissibility
Case T-751/21 EMS v EUIPO (AIRFLOW)
Action for annulment – EU trade mark – International registration designating the European Union – Word mark AIRFLOW – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-522/21 XH v Commission
Staff case – Officials – Promotion – 2020 promotion exercise – Decision refusing to amend the applicant’s Sysper 2 file – Decision not to promote the applicant – Time limits for lodging an appeal – Public policy nature – Starting point – Application for legal aid – Suspension of time limits – Computation of time limits – Lateness – Unforeseeable circumstances or force majeure – Excusable error – Inadmissibility
Case T-19/22 Piaggio & C. v EUIPO – Zhejiang Zhongneng Industry Group (Shape of a scooter)
EU trade mark – Invalidity proceedings – European Union three-dimensional mark – Shape of a scooter – Cross-claim – Application for alteration – Request for the Court to issue directions – Partial inadmissibility – Partial jurisdiction
Case T-617/17 RENV Vialto Consulting v Commission
Non-contractual liability – Instrument for Pre-accession Assistance – Investigation by OLAF – On-site inspection – Irregularities and failures allegedly committed by the Commission – Right to be heard – Non-material damage – Causal link
Case T-537/18 Vialto Consulting v Commission
Instrument for Pre-accession Assistance – Grants – Investigations by OLAF – Administrative penalty – Exclusion, for a period of two years, from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union – Obligation to state reasons – Article 7(1) of Regulation (EC) No 2185/96 – Principle of good administration – Legitimate expectations – Unlimited jurisdiction – Proportionality of the penalty
Case T-250/19 Tradición CZ v EUIPO – Rivero Argudo (TRADICIÓN CZ, S.L.)
EU trade mark – Opposition proceedings – Application for the EU word mark TRADICIÓN CZ, S.L. – Earlier EU word mark RIVERO CZ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-127/21 Swissgrid v Commission
Action for annulment – Energy – European platforms for the exchange of standard products for balancing energy – Switzerland’s participation – Article 1(6) and (7) of Regulation (EU) 2017/2195 – Commission’s letter refusing the participation of the Swiss transmission system operator – Act not open to challenge – Inadmissibility
Case T-187/21 Firearms United Network and Others v Commission
REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence
Case T-187/21 RII Firearms United Network and Others v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
Case T-242/21 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-243/21 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-554/21 European Lotto and Betting v EUIPO – Tipp24 Services (Cash4Life)
EU trade mark – Invalidity proceedings – EU word mark Cash4Life – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-644/21 Pharmadom v EUIPO – Wellbe Pharmaceuticals (WellBe PHARMACEUTICALS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark WellBe PHARMACEUTICALS – Earlier national word mark WELL AND WELL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-777/21 Trend Glass v EUIPO (ECO STORAGE)
EU trade mark – Application for EU figurative mark ECO STORAGE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Obligation to state reasons – Legal certainty – Equal treatment
Case T-4/22 Puma v EUIPO – DN Solutions (PUMA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PUMA – Earlier international figurative mark PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-43/22 Sanrio v EUIPO – Miroglio Fashion (SANRIO CHARACTERS)
EU trade mark – Opposition proceedings – Application for the EU word mark SANRIO CHARACTERS – Earlier EU word mark CARACTÈRE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-44/22 International Masis Tabak v EUIPO – Philip Morris Brands (Representation of a pack of cigarettes)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a pack of cigarettes – Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-118/22 OM v Commission
Civil service – Members of the temporary staff – Recruitment – Vacancy notice – Rejection of application – Appointment of another candidate – Position of Member of the Regulatory Scrutiny Board – Obligation to state reasons – Infringement of the vacancy notice – Legitimate expectation – Equal treatment – Manifest error of assessment
Case T-129/22 Simba Toys v EUIPO – Master Gift Import (BIMBA TOYS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIMBA TOYS – Earlier international word and figurative marks Simba – Earlier trade name Simba Toys GmbH & Co. KG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Comparison of the goods – Article 8(4) of Regulation 2017/1001 – Proximity of the economic sectors
Case T-264/22 Suicha v EUIPO – Michael Kors (Switzerland) International (MK MARKTOMI MARKTOMI)
EU trade mark – Invalidity proceedings – EU figurative mark MK MARKTOMI MARKTOMI – Earlier EU figurative mark MK MICHAEL KORS – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-692/21 AL v Commission
Civil service – OLAF investigation – Acts adopted by OLAF – Identification of the defendant – No act adversely affecting the applicant – Article 76(d) of the Rules of Procedure – Inadmissibility
January 2023
Case T-346/21 Hecht Pharma v EUIPO – Gufic BioSciences (Gufic)
EU trade mark – Revocation proceedings – EU word mark Gufic – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Public and outward use – Extent of use – Nature and form of use – Use in connection with the goods in respect of which the mark was registered
Language of the case: German
Case T-33/21 Romania v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Romania – National Rural Development Programme 2007-2013 – Methods for calculating the support rates relating to sub-measure ‘1a’ of measure 215 – Welfare payments for ‘fattening pigs’ and ‘gilts’ – Increase of at least 10% of the available space allocated to each animal – Obligation to state reasons – Legitimate expectations – Legal certainty – Legal classification of the facts – Article 12(6) and (7) of Delegated Regulation (EU) No 907/2014 – Guidelines on the calculation of financial corrections in the framework of the conformity and financial clearance of accounts procedures
Language of the case: Romanian
Case T-163/21 De Capitani v Council
Access to documents – Regulation (EC) No 1049/2001 – Documents concerning an ongoing legislative procedure – Council working groups – Documents concerning a legislative proposal to amend Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Partial refusal to grant access – Action for annulment – Interest in bringing proceedings – Admissibility – First subparagraph of Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process
Language of the case: English
Information (on unpublished decisions)
Case T-50/22 AL v Council and Commission
Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Article 2 of Annex VII to the Staff Regulations – Conditions for grant – Withdrawal of entitlement to the allowance – Recovery of undue payments – Article 91a of the Staff Regulations – Delegation to the PMO by the Commission – Action brought against the delegating institution – Inadmissibility
Case T-443/21 YAplus DBA Yoga Alliance v EUIPO – Vidyanand (YOGA ALLIANCE INDIA INTERNATIONAL)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark YOGA ALLIANCE INDIA INTERNATIONAL – Earlier EU figurative mark yoga ALLIANCE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95(1) of Regulation 2017/1001
Case T-528/21 Neratax v EUIPO – Intrum Hellas and Others (ELLO ERMOL, Ello creamy, ELLO, MORFAT Creamy and MORFAT)
EU trade mark – Invalidity proceedings – EU word marks ELLO and MORFAT and EU figurative marks ELLO ERMOL, Ello creamy and MORFAT Creamy – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-726/21 Rolex v EUIPO – PWT (Device of a crown)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a crown – Earlier EU figurative marks representing a crown and ROLEX – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No injury to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-758/21 Dorsum v EUIPO – id Quantique (Clavis)
EU trade mark – Opposition proceedings – Application for EU word mark Clavis – Earlier EU word mark CLAVIS – Failure to identify the earlier trade mark in the notice of opposition – Conditions for admissibility of the opposition
Case T-166/22 Seifert v Council
Action for annulment – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Measures concerning Russian nationals, natural persons residing in Russia and legal persons, entities and bodies established in Russia – No legal interest in bringing proceedings – Inadmissibility
Case T-515/22 Zanker v Court of Justice of the European Union
Action for annulment – Manifest lack of jurisdiction – Manifest inadmissibility
Case T-1/23 R Enmacc v Commission
Interim relief – Public supply contracts – Services for the organisation of demand aggregation and tendering of gas under the EU Energy Platform – Application for interim measures – Weighing of interests
Case T-500/22 R Vleuten Insects and New Generation Nutrition v Commission
Interim relief – Food safety – Novel foods – Regulation (EU) 2015/2283 – Marketing authorisation for Alphitobius diaperinus larva – Application for suspension of operation of a measure – No urgency
Case T-640/16 RENV GEA Group v Commission
Competition – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxidised soybean oil and esters as their base – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Admissibility – Interest in bringing proceedings – Fines – Limitation period – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Rights of the defence – Right to a hearing – Equal treatment – Date by which the fine is payable in the event of amendment – Statement of reasons
Case T-666/21 Società Navigazione Siciliana v Commission
State aid – Maritime transport – Exemption in part from registration duties payable for the transfer of business between undertakings – Decision declaring the aid to be illegal and incompatible with the internal market and ordering its recovery – Advantage – Recipient of the aid – Service of general economic interest – Obligation to state reasons – Non-contractual liability – Excessive length of the procedure
Case T-703/21 Zielonogórski Klub Żużlowy Sportowa v EUIPO – Falubaz Polska (FALUBAZ)
EU trade mark – Invalidity proceedings – EU word mark FALUBAZ – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-785/21 SC Ha Ha Ha Production v EUIPO – The Smiley Company (SMILEY)
Action for annulment – EU trade mark – Opposition proceedings – Application for EU word mark SMILEY – Earlier EU word marks SMILEY, SMILEY TV and SMILEY – Cross-claim – No interest in bringing proceedings – Inadmissibility
Case T-805/21 NS v Parliament
Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Misuse of powers and abuse of procedure
Case T-320/22 Scania CV v EUIPO (V8)
EU trade mark – Application for EU figurative mark V8 – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
Case T-351/22 De Dietrich Process Systems v EUIPO – Koch-Glitsch (SCHEIBEL)
EU trade mark – Invalidity proceedings – EU word mark SCHEIBEL – Absolute ground for invalidity – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
Case T-352/22 De Dietrich Process Systems v EUIPO – Koch-Glitsch (KARR)
EU trade mark – Invalidity proceedings – EU word mark KARR – Absolute ground for invalidity – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
February 2023
Case T-295/20 Aquind and Aquind Energy v Commission
Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Delegated regulation amending the list of projects of common interest – Second paragraph of Article 172 TFEU – Refusal of a Member State to give its approval to a proposed electricity interconnector with a view to granting the status of a project of common interest – Non-inclusion by the Commission of the project in the amended list – Obligation to state reasons – Principle of good administration – Equal treatment – Legal certainty – Legitimate expectations – Proportionality – Article 10 of the Energy Charter Treaty
Language of the case: English
Case T-522/20 Carpatair v Commission
State aid – Aviation sector – Measures implemented by Romania in favour of Timișoara Airport – Measures implemented by Timișoara Airport in favour of Wizz Air and airlines using that airport – Decision finding, in part, that there was no State aid in favour of Timișoara Airport and airlines using that airport – Airport charges – Action for annulment – Regulatory act – Individual concern – Substantial effect on competitive position – Direct concern – Interest in bringing proceedings – Admissibility – Article 107(1) TFEU – Selective nature – Advantage – Private operator test
Language of the case: English
Case T-606/20 Austrian Power Grid and Others v ACER
Energy – Internal market in electricity – Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons
Language of the case: English
Case T-607/20 Austrian Power Grid and Others v ACER
Energy – Internal market in electricity – Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons
Language of the case: English
Case T-742/20 UPL Europe and Indofil Industries (Netherlands) v Commission
Plant protection products – Active substance mancozeb – Non-renewal of approval – Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 – Procedure for assessing the application for renewal of approval of an active substance – Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union – Rights of the defence – Principle of sound administration – Manifest error of assessment – Procedure for harmonised classification and labelling – Regulation (EC) No 1272/2008 – Legitimate expectations
Language of the case: English
Case T-492/21 Aquind and Others v ACER
Energy – Competence of the ACER – Withdrawal of the United Kingdom from the European Union – Error of law – Article 2(1) of Regulation (EU) 2019/943 – Article 92 of the Withdrawal Agreement – Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement
Language of the case: English
Case T-536/21 Belaeronavigatsia v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘person responsible for repression’ – Error of assessment – Proportionality
Language of the case: French
Information (on unpublished decisions)
Case T-164/20 BG v Parliament
Civil service – Accredited parliamentary assistants – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the Parliament and its prevention at the workplace – Right to be heard – Refusal to disclose the report of the Advisory Committee – Liability – Non-material harm
Case T-659/20 SJ v Commission
Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing decision on the applicability of Article 34 of Directive 2014/25 to railway passenger transport in Sweden – Rights of the defence – Right to be heard
Case T-354/21 ClientEarth v Commission
Access to documents – Regulation (EC) No 1049/2001 – Control system for ensuring compliance with the rules of the common fisheries policy – Regulation (EC) No 1224/2009 – Documents concerning the implementation of fisheries control in Denmark and France – Partial refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Overriding public interest – Aarhus Convention – Regulation (EC) No 1367/2006
Case T-365/21 TJ v EEAS
Civil service – EEAS staff – Recruitment – Vacancy notice – Rejection of application – Article 98 of the Staff Regulations – Concept of ‘staff from national diplomatic services of the Member States’ – Liability
Case T-470/21 Klymenko v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Limitation – Partial inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Non-material damage – Fact of damage – Causal link
Case T-558/21 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (fino)
EU trade mark – Opposition proceedings – Application for the EU figurative mark fino Cyprus Halloumi Cheese – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-565/21 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (Papouis Halloumi)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Papouis Halloumi – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-568/21 Harbaoui v EUIPO – Google (GC GOOGLE CAR)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GC GOOGLE CAR – Earlier EU word mark GOOGLE – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001
Case T-569/21 Harbaoui v EUIPO – Google (GOOGLE CAR)
EU trade mark – Opposition proceedings – Application for the EU word mark GOOGLE CAR – Earlier EU word mark GOOGLE – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001
Case T-671/21 NFL Properties Europe v EUIPO – Groupe Duval (DUUUVAL)
EU trade mark – Opposition proceedings – Application for the EU word mark DUUUVAL – Earlier EU figurative mark GROUPE DUVAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-772/21 Brobet v EUIPO – Efbet Partners (efbet)
EU trade mark – Revocation proceedings – EU figurative mark efbet – Genuine use of a mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Article 95 of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625
Case T-117/22 R Grodno Azot and Khimvolokno Plant v Council
Application for interim measures – Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Application for suspension of operation of a measure – No urgency
Case T-253/22 Groschopp v EUIPO (Sustainability through Quality)
EU trade mark – Application for EU word mark Sustainability through Quality – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-319/22 Krematorium am Waldfriedhof Schwäbisch Hall v EUIPO (aquamation)
EU trade mark – Application for the EU word mark aquamation – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-349/22 Hacker-Pschorr Bräu v EUIPO – Vandělíková (HACKER SPACE)
EU trade mark – Opposition proceedings – Application for EU word mark HACKER SPACE – Earlier EU word mark HACKER-PSCHORR and earlier EU figurative mark Hacker Pschorr, as well as earlier national word marks HACKERBRÄU and HACKER – Relative ground for refusal – Identification of the ground on which the opposition is based – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – Article 2(2)(c) of Delegated Regulation (EU) 2018/625
Case T-706/22 R Nicoventures Trading and Others v Commission
Interim relief – Public health – Withdrawal of certain exemptions for heated tobacco products – Application for interim measures – No urgency
Case T-81/22 Euranimi v Commission
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility
Case T-538/21 PBL and WA v Commission
State aid – Aid to a football club – Refusal to register a complaint lodged by one of the members of a football club – Status of interested party
Case T-787/21 UniSkin v EUIPO – Unicskin (UNISKIN by Dr. Søren Frankild)
EU trade mark – Opposition proceedings – Application for the EU figurative mark UNISKIN by Dr. Søren Frankild – Earlier national figurative mark UNICSKIN YOUR EFFECTIVE SOLUTION – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Distinctive character of the earlier mark – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-24/22 Bensoussan v EUIPO – Lulu's Fashion Lounge (LOULOU STUDIO)
EU trade mark – Opposition proceedings – Application for European Union word mark LOULOU STUDIO – Earlier international word mark LULU’S – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-141/22 Sport1 v EUIPO – SFR (SFR SPORT1)
EU trade mark – Opposition proceedings – Application for the EU figurative mark SFR SPORT 1 – Earlier national and international figurative marks sport1 – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Interdependence between factors
Case T-778/21 Folkertsma v Commission
Action for damages – Contract for technical assistance for support to Bangsamoro transition (Subatra) – Commission’s request to have the applicant replaced as expert – Termination of the contract between the successful tenderer and the applicant – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
Case T-266/22 Aziz v Commission
Action for annulment – Protection of personal data – Regulation (EU) 2018/1725 – Article 76(d) of the Rules of Procedure – Failure to comply with procedural requirements – Inadmissibility
Case T-286/22 Aziz v Commission
Action for annulment – Protection of personal data – Regulation (EU) 2018/1725 – Article 76(d) of the Rules of Procedure – Failure to comply with procedural requirements – Inadmissibility
Case T-595/22 R Ferreira de Macedo Silva v Frontex
Interim relief – Civil service – Members of the temporary staff – Dismissal before the end of the probationary period – Application for suspension of operation of a measure – No urgency
Case T-175/21 RH v Commission
Instrument for Pre-Accession Assistance – Financial Regulation – Investigation by OLAF – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Entry on the database of the early detection and exclusion system – Grave professional misconduct – Manifest error of assessment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-684/21 Mostostal v EUIPO – Polimex - Mostostal (MOSTOSTAL)
EU trade mark – Invalidity proceedings – EU word mark MOSTOSTAL – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-741/21 LG Electronics v EUIPO – ZTE Deutschland (V10)
EU trade mark – Invalidity proceedings – EU word mark V10 – Absolute ground for refusal – Alphanumeric sign – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-8/22 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for the EU figurative mark TC CARL – Earlier national figurative mark carl touch – 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)
Case T-77/22 Asesores Comunitarios v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the recovery and resilience plan submitted by a Member State to the Commission – Documents originating from a Member State – Refusal to grant access – Exception relating to the financial, monetary or economic policy of the European Union or of a Member State
Case T-82/22 Bambu Sales v EUIPO (BAMBU)
EU trade mark – Application for European Union word mark BAMBU – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-204/22 Rimini Street v EUIPO (OTHER COMPANIES DO SOFTWARE WE DO SUPPORT)
EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-260/22 Freixas Montplet and Others v Committee of the Regions
Civil service – Officials – Promotion – 2021 promotion exercise – Decision not to place the applicant’s name on the list of officials eligible for promotion – Date of assessment of seniority in grade – Article 45(1) of the Staff Regulations – Equal treatment
Case T-341/22 Deutsche Bank v EUIPO – Operación y Auditoria (avanza Tu negocio)
EU trade mark – Opposition proceedings – Application for the EU figurative mark avanza Tu negocio – Earlier national figurative mark Avanza Credit de Deutsche Bank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-357/22 Das Neves v Commission
Civil service – Officials – Disciplinary proceedings – Warning – Article 21 of the Staff Regulations – Rights of the defence – Liability
Case T-526/19 RENV Nord Stream 2 v Parliament and Council
Procedural issue – Request for removal of documents
Case T-693/20 Hansol Paper v Commission
Dumping – Imports of certain heavyweight thermal paper originating in South Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry – Calculation of price undercutting – Calculation of the injury margin – Action manifestly lacking any foundation in law
Case T-170/22 R-RENV Telefónica de España v Commission
Interim relief – Public supply contracts – Trans-European Services for Telematics between Administrations (TESTA) – Application for interim measures – No prima facie case
March 2023
Case T-301/20 Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Dumping – Imports of certain woven or stitched glass fibre fabrics originating in China and Egypt – Implementing Regulation (EU) 2020/492 – Definitive anti-dumping duty – Calculation of the normal value – Article 2(5) of Regulation (EU) 2016/1036 – Manifest error of assessment – Injury – Calculation of the undercutting margin
Language of the case: English
Case T-480/20 Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Subsidies – Imports of certain woven or stitched glass fibre fabrics originating in China and Egypt – Implementing Regulation (EU) 2020/776 – Definitive countervailing duty – Calculation of the subsidy amount – Attributability of the subsidy – Rights of the defence – Manifest error of assessment – Import duty drawback scheme – Tax treatment of foreign exchange losses – Calculation of the undercutting margin
Language of the case: English
Case T-540/20 Jushi Egypt for Fiberglass Industry v Commission
Subsidies – Imports of continuous filament glass fibre products originating in Egypt – Implementing Regulation (EU) 2020/870 – Definitive countervailing duty and definitive collection of the provisional countervailing duty – Rights of the defence – Attributability of the subsidy – Manifest error of assessment – Import duty drawback scheme – Tax treatment of foreign exchange losses – Calculation of the undercutting margin
Language of the case: English
Case T-324/21 Harley-Davidson Europe and Neovia Logistics Services International v Commission
Customs union – Regulation (EU) No 952/2013 – Determination of the non-preferential origin of certain motorcycles manufactured by Harley-Davidson – Commission Implementing Decision requesting the revocation of decisions relating to binding origin information adopted by the national customs authorities – Concept of ‘processing or working operations which are not economically justified’ – Right to be heard
Language of the case: English
Case T-235/21 Bulgaria v Commission
Language of the case: Bulgarian
Case T-426/21 Assaad v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Retroactivity – Legitimate expectations – Legal certainty – Force of res judicata
Language of the case: English
Cases T-825/19 and T-826/19 Tazzetti v Commission
Environment ‐ Regulation (EU) No 517/2014 ‐ Fluorinated greenhouse gases ‐ Electronic registry for quotas for placing hydrofluorocarbons on the market – Undertakings with the same beneficial owner – Single producer or importer – Act having an adverse effect – Interest in bringing proceedings – Admissibility – Request to modify the application – Inadmissibility – Plea of illegality – Interpretation of an implementing regulation consistent with the basic regulation – Implementing power of the Commission
Language of the case: Italian
Case T-72/20 Satabank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Regulation (EU) No 468/2014 – Supervised entity – Composite administrative procedure – Denial of access to the file – Directive 2004/258/EC – Access to ECB documents
Language of the case: English
Case T-617/21 B&Bartoni v EUIPO – Hypertherm (Electrode to insert into a torch)
Community design – Invalidity proceedings – Registered Community design representing an electrode to insert into a torch – Ground for invalidity – Article 4(2) of Regulation (EC) No 6/2002 – Component part of a complex product
Language of the case: English
Case T-868/19 Nouryon Industrial Chemicals and Others v Commission
REACH – Evaluation of registration dossiers and compliance check of information provided by registrants – Request for further studies for the purposes of the registration dossier for dimethyl ether – Pre-natal developmental toxicity study – Extended one-generation reproductive toxicity study – Dose-range finding study – Article 51(7) of Regulation (EC) No 1907/2006 – Animal testing – Article 25 of Regulation No 1907/2006 – Manifest error of assessment – Proportionality
Language of the case: English
Case T-142/21 Wizz Air Hungary v Commission (Blue Air; COVID-19 and rescue aid)
State aid – Romanian air transport market – Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic – Blue Air rescue aid – Loan guaranteed by the Romanian State – Decision not to raise any objections – Action for annulment – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Taking avoidable costs into account – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Article 107(3)(c) TFEU – Contribution of the aid to an objective of common interest – ‘One time, last time’ condition for rescue aid – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons
Language of the case: English
Information (on unpublished decisions)
Case T-552/21 Worldwide Brands v EUIPO – Wan (CAMEL)
EU trade mark – Revocation proceedings – EU word mark CAMEL – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Genuine use of the mark – Article 58(1)(a) of Regulation 2017/1001 – No assessment of some of the evidence submitted
Case T-25/22 Canai Technology v EUIPO – Trend Fin (HE&ME)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark HE&ME – Earlier Benelux word mark ME – Relative ground for refusal – Similarity of the signs – Weak distinctive character of the earlier mark – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-36/22 Romedor Pharma v EUIPO – Perfect Care Distribution (PERFECT FARMA CERVIRON)
EU trade mark – Invalidity proceedings – EU figurative mark PERFECT FARMA CERVIRON – Non-registered earlier national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
Case T-37/22 Romedor Pharma v EUIPO – Perfect Care Distribution (Cerviron)
EU trade mark – Invalidity proceedings – EU word mark Cerviron – Non-registered earlier national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
Case T-38/22 Romedor Pharma v EUIPO – Perfect Care Distribution (CERVIRON perfect care)
EU trade mark – Invalidity proceedings – European Union figurative mark CERVIRON perfect care – Earlier unregistered national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
Case T-102/22 Transgourmet Ibérica v EUIPO – Aldi (Gourmet)
EU trade mark – Invalidity proceedings – EU figurative mark Gourmet – Earlier national word mark GOURMET – Relative ground for invalidity – Distinctive character of earlier mark – Genuine use of the earlier mark – Form differing in elements which alter the distinctive character
Case T-217/22 Lifestyle Equities v EUIPO – Greenwich Polo Club (GREENWICH POLO CLUB GPC 2002)
EU trade mark – Invalidity proceedings – EU figurative mark GREENWICH POLO CLUB GPC 2002 – Earlier EU figurative mark BEVERLY HILLS POLO CLUB – Relative ground for invalidity – No likelihood of confusion – No similarity of the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-295/22 Crush Series Publishing v EUIPO – Mediaproduccion (The Crush Series)
EU trade mark – Opposition proceedings – Application for EU figurative mark The Crush Series – Earlier EU figurative mark CRUSH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-743/22 R Mazepin v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Prima facie case – Urgency – Weighing up of interests
Case T-100/22 Ciar v EUIPO – Motion (Dispositif d’inclinaison/levage)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing a tilting/lifting device – Cross-claim – No interest in bringing proceedings – Inadmissibility
Case T-94/20 Campine and Campine Recycling v Commission
Non-contractual liability – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – Decision finding an infringement of Article 101 TFEU – Judgment partially annulling the decision and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Rate of default interest
Case T-100/21 Sánchez-Gavito León v Council and Commission
International Cotton Advisory Committee – Decision (EU) 2017/876 – Staff of an international organisation to which the European Union has acceded – Agreement on the applicant’s conditions of departure – Actions for failure to act – Absence in part of invitation to act – No standing to bring proceedings – Inadmissibility – Liability – Causal link
Case T-372/21 Sympatex Technologies v EUIPO – Liwe Española (Sympathy Inside)
EU trade mark – Opposition proceedings – Application for EU word mark Sympathy Inside – Earlier EU word mark INSIDE. – 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) – Genuine use of the earlier mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) – No alteration of distinctive character
Case T-759/21 Société des produits Nestlé v EUIPO – The a2 Milk Company (A2)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark A 2 – Earlier international registration – Figurative mark THE a2 MILK COMPANY THE a2 MILK COMPANY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-763/21 SE v Commission
Civil service – Members of the temporary staff – Recruitment – Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age
Case T-65/22 PS v EIB
Civil service – EIB staff – Social security – Insurance against the risk of accident and of occupational disease – Total and permanent invalidity – Occupational nature of the disease – Contract concluded with an insurance company – Extent of the obligations to be met by the EIB
Case T-70/22 Novasol v ECHA
REACH – Fee payable for registration of a substance – Reduction granted to SMEs – Verification by ECHA of the declaration relating to the size of the enterprise – Request for evidence demonstrating the status of a SME – Refusal to provide certain information – Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge – Concept of ‘related undertaking’ – Recommendation 2003/361/EC – Obligation to state reasons
Case T-90/22 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-91/22 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-92/22 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-93/22 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Proof that inclusion and retention on the lists is well founded – Change of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-94/22 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Change of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-95/22 Kanyama v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-96/22 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-98/22 Boshab v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
Case T-172/22 Gönenç v EUIPO – Solar (termorad ALUMINIUM PANEL RADIATOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR – Earlier Benelux word mark THERMRAD – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-212/22 Prigozhina v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Inclusion of the applicant’s name on the list – Family of a person responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine – Concept of ‘association’ – Error of assessment
Case T-196/22 Mariani v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
Case T-240/22 Lacapelle v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
Case T-241/22 Juvin v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
Case T-254/22 Mordalski v EUIPO – Anita Food (ANITA)
EU trade mark – Invalidity proceedings – EU trade mark that has ceased to exist – Action manifestly lacking any foundation in law
Case T-597/21 Basaglia v Commission
Case T-727/21 TO v EUAA
Action for annulment and for damages – Civil service – Temporary staff – Recruitment – External vacancy notice [confidential] 2 Confidential information hidden. – Decision not to extend the validity of a reserve list – Time limit for complaints – Publication on the internet – No excusable error – Inadmissibility
Case T-89/22 Homy Casa v EUIPO – Albatros International (Chairs)
Community design – Invalidity proceedings – Registered Community design representing a chair – Earlier design – Ground for invalidity – Disclosure of the earlier design – Disclosure via the Internet – Identification of the earlier design – Discretion of the Board of Appeal – Article 63(1) of Regulation (EC) No 6/2002
Case T-133/22 Katjes Fassin v EUIPO (THE FUTURE IS PLANT-BASED)
EU trade mark – Application for EU word mark THE FUTURE IS PLANT-BASED – Mark consisting of an advertising slogan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-174/22 Novartis v EUIPO – AstraZeneca (BREZTREV)
EU trade mark – Opposition proceedings – Application for the EU word mark BREZTREV – Earlier EU word marks ONBREZ, DAYBREZ, BREZILIZER and BREEZHALER – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-175/22 Novartis v EUIPO – AstraZeneca (BREZTRI)
EU trade mark – Invalidity proceedings – EU word mark BREZTRI – Earlier EU word marks ONBREZ, BREZILIZER and BREEZHALER – No likelihood of confusion – Lack of enhanced distinctiveness of the earlier marks – Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 27(3)(b) of Regulation (EU) 2018/625
Case T-178/22 FA World Entertainment v EUIPO (FUCKING AWESOME)
EU trade mark – International registration designating the European Union – Word mark FUCKING AWESOME – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Legal certainty – Equal treatment – Principle of sound administration
Case T-194/22 Zelmotor v EUIPO – B&B Trends (zelmotor)
EU trade mark – Revocation proceedings – EU figurative mark zelmotor – No genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-366/21 Coinbase v EUIPO – bitFlyer (coinbase)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark coinbase – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-650/21 Casa International v EUIPO – Interstyle (casa)
EU trade mark – Invalidity proceedings – EU figurative mark casa – Absolute ground for invalidity – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – No distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001)
Case T-750/21 Beauty Biosciences v EUIPO – Société de Recherche Cosmétique (BIO-BEAUTÉ)
EU trade mark – Invalidity proceedings – EU word mark BIO-BEAUTÉ – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – No distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) – Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001) – Obligation to state reasons – Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1), first sentence, of Regulation 2017/1001)
Case T-5/22 Puma v EUIPO – Brooks Sports (Representation of a band with an acute angle)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a band with an acute angle – Earlier EU and national figurative marks representing a band – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 8(5) of Regulation 2017/1001 – Legal certainty – Equal treatment – Principle of sound administration
Case T-21/22 NY v Commission
Civil service – Officials – Commission’s internal security investigation – Alleged acts of violence by the Commission’s security personnel – Prohibition of entry into buildings – Confiscation of service pass – Claim for compensation – Dismissal of the claim – Principle of good administration – Right to integrity and dignity – Error of assessment – Duty to have regard for the welfare of officials
Case T-113/22 Colombani v EEAS
Civil service – Officials – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Rights of the defence – Error of assessment – Misuse of powers – Amicable settlement – Lack of consent – Retroactive promotion decision
Case T-306/22 Fun Factory v EUIPO – I Love You (love you so much)
EU trade mark – Opposition proceedings – Application for EU word mark love you so much – Earlier EU figurative mark I LOVE YOU SINCE FOREVER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-408/22 adp Merkur v EUIPO – psmtec (SEVEN SEVEN 7)
EU trade mark – Opposition proceedings – Application for EU figurative mark SEVEN SEVEN 7 – Earlier EU word mark Seven – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – No genuine use – Article 47(2) of Regulation 2017/1001
Case T-776/22 R TP v Commission
Interim relief – Public procurement – Financial Regulation – Exclusion from procurement procedures funded by the general budget of the European Union and by the EDF for a period of two years – Application for suspension of operation of a measure – Lack of any urgency
Case T-300/22 Domaine Boyar International v EUIPO – Consorzio DOC Bolgheri e Bolgheri Sassicaia (BOLGARÉ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BOLGARÉ – Previous designation of origin ‘Bolgheri’ – Article 8(4a) of Regulation (EC) No 207/2009 (now Article 8(6) of Regulation (EU) 2017/1001) – Article 46(1)(d) of Regulation 2017/1001 – Article 103(2)(b) of Regulation (EU) No 1308/2013
Case T-782/22 R Cogebi and Cogebi v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on purchasing, importing or transferring, directly or indirectly, goods which generate significant revenues for Russia into the Union – Application for suspension of operation – Disregard of the procedural requirements – Inadmissibility
Case T-612/22 Primicerj v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Initial refusal of access – Act not open to challenge – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction
Case T-500/17 RENV Hubei Xinyegang Special Tube v Commission
Dumping – Imports of certain seamless pipes and tubes of iron (excluding cast iron) or steel (excluding stainless steel), of circular cross-section and of an external diameter exceeding 406.4 mm, originating in China – Imposition of a definitive anti-dumping duty – Causal link – Article 3(6) and (7) of Regulation (EU) 2016/1036 – Manifest error of assessment
Case T-660/19 RENV Universität Bremen v REA
Research and technological development – Framework Programme for Research and Innovation ‘Horizon 2020’ – Call for proposals H2020-SC6-Governance-2019 – REA decision rejecting a proposal – Error of fact – Error of law – Manifest error of assessment
Case T-344/21 Plusmusic v EUIPO – Groupe Canal + (+music)
EU trade mark – Opposition proceedings – Application for EU figurative mark +music – Earlier national figurative mark + – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Enhanced distinctiveness of the earlier mark acquired through use
Case T-400/21 ZR v EUIPO
Civil service – Officials – Vacancy notice – Application for interinstitutional transfer – First paragraph of Article 8 of the Staff Regulations – Transfer refusal – Priority order – Article 29(1) of the Staff Regulations – Equal treatment – Obligation to state reasons – Manifest error of assessment – Duty of care – Corrigendum
Case T-505/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-535/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-545/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-555/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-575/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-576/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-577/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-578/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-588/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing a part of the fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Case T-26/22 CIMV v Commission
Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality
Case T-199/22 Perfetti Van Melle v EUIPO (Représentation d’un récipient cylindrique de lignes ondulées)
EU trade mark – Application for an EU figurative mark representing a cylindrical container with a wavy outline – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
Case T-308/22 celotec v EUIPO – Decotec Printing (DECOTEC)
EU trade mark – Invalidity proceedings – EU word mark DECOTEC – Absolute ground for invalidity – Lack of descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-342/22 Oxyzoglou v Commission
Civil service – Contract staff – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Additional years of pensionable service – Action for annulment – Request for repayment of part of the capital transferred – Unjust enrichment – Time limit for complaints – Manifest inadmissibility – Application for an order – Manifest lack of jurisdiction
Case T-343/22 Mozelsio v Commission
Civil service – Contract staff – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Additional years of pensionable service – Action for annulment – Request for repayment of part of the capital transferred – Unjust enrichment – Time limit for complaints – Manifest inadmissibility – Application for an order – Manifest lack of jurisdiction
Case T-436/22 Machková v EUIPO – Aceites Almenara (ALMARA SOAP)
EU trade mark – Opposition proceedings – Application for EU figurative mark ALMARA SOAP – Earlier EU word mark ALMENARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001
Case T-567/22 ATPN v Commission
Action for annulment – Environment – Delegated Regulation (EU) 2022/1214 – Nuclear energy – Sustainable activity – Association – Lack of direct concern – Inadmissibility
Case T-472/22 Mocom Compounds v EUIPO – Centemia Conseils (Near-to-Prime)
EU trade mark – Invalidity proceedings – EU word mark Near-to-Prime – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-482/22 Thomas Henry v EUIPO (MATE MATE)
EU trade mark – Application for EU word mark MATE MATE – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Misleading character – Article 7(1)(b),(c) and (g) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
April 2023
Case T-39/21 PP and Others v Parliament
Civil service – Officials – Health crisis linked to the COVID-19 pandemic – Decision authorising part-time work in order to take care of relatives outside the place of employment – No possibility of teleworking full time outside the place of employment – Irregularity in the pre-litigation procedure – Decision granting a request to work part time – No legal interest in bringing proceedings – Inadmissibility – Remuneration – Suspension of the expatriation allowance – Articles 62 and 69 of the Staff Regulations – Infringement of Article 4 of Annex VII to the Staff Regulations
Language of the case: French
Case T-557/20 SRB v EDPS
Protection of personal data – Procedure for granting compensation to shareholders and creditors following the resolution of a bank – Decision of the EDPS in which it found that the SRB failed to fulfil its obligations concerning the processing of personal data – Article 15(1)(d) of Regulation (EU) 2018/1725 – Concept of personal data – Article 3(1) of Regulation 2018/1725 – Right of access to the file
Language of the case: English
Case T-54/21 OHB System v Commission
Public supply contracts – Tendering procedure – Competitive dialogue – Procurement of Galileo transition satellites – Rejection of a tenderer’s tender – Exclusion criteria – Serious professional misconduct on the part of a tenderer – No final judgment or final administrative decision – Referral to the panel referred to in Article 143 of the Financial Regulation – Equal treatment – Abnormally low tender – Manifest error of assessment
Language of the case: German
Case T-757/21 Activa - Grillküche v EUIPO – Targa (Apparatus for grilling)
Community design – Invalidity proceedings – Registered Community design representing apparatus for grilling – Disclosure of the earlier design – Article 7(2) of Regulation (EC) No 6/2002
Language of the case: English
Information (on unpublished decisions)
Case T-749/21 Gerhard Grund Gerüste v EUIPO – Josef-Grund-Gerüstbau (Josef Grund Gerüstbau)
EU trade mark – Invalidity proceedings – EU word mark Josef Grund Gerüstbau – Earlier national figurative mark grund – Relative ground for invalidity – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-61/22 OD v Eurojust
Civil service – Members of the temporary staff – Temporary reassignment in the interests of the service – Article 7 of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Provisional distancing measure – Concept of ‘act adversely affecting an official’ – Right to be heard – Liability
Case T-74/22 Siemens v Parliament
Public procurement – Public works contracts – Tendering procedure – Renewal of the fire safety system in the Parliament buildings in Strasbourg – Rejection of a tenderer’s tender and award of the contract to other tenderers – Non-contractual liability
Case T-162/22 OQ v Commission
Civil Service – Officials – Disciplinary proceedings – Disciplinary penalty – Removal from post without reduction of entitlement to a pension – Article 10 of Annex IX to the Staff Regulations – Proportionality – Obligation to state reasons
Case T-491/22 Zitro International v EUIPO – e-gaming (Smiley wearing a top hat)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a smiley wearing a top hat – Earlier EU figurative mark representing a fantasy figure – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-6/23 R UC v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Application for suspension of operation of a measure – No urgency
Case T-562/19 RENV Klein v Commission
Actions for failure to act – Medical devices – Article 8(1) and (2) of Directive 93/42/EEC – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Absence of a decision by the Commission – Repeal of Directive 93/42 – Articles 94 to 97 of Regulation (EU) 2017/745 – Market surveillance measures – Action manifestly well founded
Case T-605/22 RT France v Council
Action for annulment – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Letter informing the applicant of the continued inclusion of its name on the list of entities to which restrictive measures apply – Act not open to challenge – Reclassification of the action – Rejection of the plea of inadmissibility
Case T-20/18 CV v Commission
Civil service – Officials – Social security – Article 73 of the Staff Regulations – Common rules on the insurance against the risk of accident and of occupational disease – Occupational disease – Medical Committee – Article 22 – Refusal to recognise the occupational nature of a disease – Proper conduct of the pre-litigation procedure – Obligation to state reasons
Case T-546/21 Rochem Group v EUIPO – Rochem Marine (R.T.S. ROCHEM Technical Services)
EU trade mark – Invalidity proceedings – EU figurative mark R.T.S. ROCHEM Technical Services – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
Case T-547/21 Rochem Group v EUIPO – Rochem Marine (R.T.S. Rochem Technical Services)
EU trade mark – Invalidity proceedings – EU word mark R.T.S. Rochem Technical Services – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
Case T-548/21 Rochem Group v EUIPO – Rochem Marine (ROCHEM)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark ROCHEM – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
Case T-549/21 Rochem Group v EUIPO – Rochem Marine (ROCHEM)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark ROCHEM – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
Case T-681/21 Alves Casas v EUIPO – Make-Up Art Cosmetics (mccosmetics NY)
EU trade mark – Opposition proceedings – Application for EU figurative mark mccosmetics NY – Earlier EU figurative mark MAC MAKE-UP ART COSMETICS – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Detriment to reputation – Article 8(5) of Regulation 2017/1001
Case T-794/21 Wenz Kunststoff v EUIPO – Mouldpro (MOULDPRO)
EU trade mark – Revocation proceedings – EU word mark MOULDPRO – Genuine use of the mark – Nature of use – Use in connection with the goods in respect of which the mark is registered – Article 58(1)(a) of Regulation (EU) 2017/1001 – Legitimate expectations
Case T-35/22 Kaminski v EUIPO – Polfarmex (SYRENA)
EU trade mark – Revocation proceedings – EU word mark SYRENA – Application of the law ratione temporis – Partial inadmissibility of the action – Res judicata – Article 15(1) and Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 18(1) and Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) – Genuine use in the European Union – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
Case T-147/22 Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret v EUIPO – Yadex International (pinar KURUYEMIŞ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark pinar KURUYEMIȘ – Earlier German word mark PINAR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
Case T-148/22 Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret v EUIPO – Yadex International (pinar KURUYEMIŞ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark pinar KURUYEMIȘ – Earlier German word mark PINAR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
Case T-153/22 Volkswagen v EUIPO – XTG (XTG)
EU trade mark – Opposition proceedings – Application for the EU figurative mark XTG – Earlier EU word mark GTX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-154/22 Volkswagen v EUIPO – XTG (XTG)
EU trade mark – Opposition proceedings – Application for the EU word mark XTG – Earlier EU word mark GTX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
May 2023
Joined Cases T-34/21 and T-87/21 Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19)
State aid – German air transport market – Aid granted by Germany to an airline in the context of the COVID-19 pandemic – Recapitalisation of Deutsche Lufthansa – Decision not to raise any objections – Temporary Framework for State aid measures – Actions for annulment – Locus standi – Substantial effect on competitive position – Admissibility – Significant market power – Additional measures to preserve effective competition on the market – Obligation to state reasons
Language of the case: English
Case T-312/20 EVH v Commission
Language of the case: German
Case T-321/20 enercity v Commission
Language of the case: German
Case T-451/20 Meta Platforms Ireland v Commission
Competition – Data market – Administrative procedure – Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 – Request for information – Virtual data room – Obligation to state reasons – Legal certainty – Rights of the defence – Necessity of the information requested – Misuse of powers – Right to privacy – Proportionality – Principle of good administration – Professional secrecy
Language of the case: English
Case T-2/21 Emmentaler Switzerland v EUIPO (EMMENTALER)
EU trade mark – International registration designating the European Union – Word mark EMMENTALER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Collective mark – Article 74(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94 of Regulation 2017/1001
Language of the case: German
Case T-268/21 Ryanair v Commission (Italie ; régime d’aide ; COVID-19)
State aid – Italian air transport market – Compensation scheme for airlines with an Italian operating licence – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Obligation to state reasons
Language of the case: English
Information (on unpublished decisions)
Case T-249/21 SN v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Obligation to state reasons – Independence of Members – Error of assessment
Case T-7/22 FFI Female Financial Invest v EUIPO – MLP Finanzberatung (Financery)
EU trade mark – Opposition proceedings – Application for the EU word mark Financery – Earlier EU word mark financify – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-52/22 Chambre de commerce et d'industrie territoriale de la Marne en Champagne v EUIPO – Ambrosetti Group (TEHA)
European Union trade mark – Opposition proceedings – Application for the European Union figurative mark TEHA – Earlier national figurative mark tema – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Lack of genuine use of the mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – Use in a form which differs in elements which alter the distinctive character of the trade mark – Article 15(1), second subparagraph, point (a), of Regulation No 207/2009 (now Article 18(1), second subparagraph, point (a), of Regulation 2017/1001)
Case T-60/22 Chambre de commerce et d'industrie territoriale de la Marne en Champagne v EUIPO – Ambrosetti Group (TEHA)
European Union trade mark – Opposition proceedings – International registration designating the European Union – Word mark TEHA – Earlier national figurative mark tema – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Lack of genuine use of the mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – Use in a form which differs in elements which alter the distinctive character of the trade mark – Article 15(1), second subparagraph, point (a), of Regulation No 207/2009 (now Article 18(1), second subparagraph, point (a), of Regulation 2017/1001)
Case T-106/22 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark – Invalidity proceedings – EU word mark BBQLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for invalidity – Likelihood of confusion – Detriment to reputation – Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b), Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-168/22 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for refusal – Likelihood of confusion – Detriment to reputation – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
Case T-303/22 Dicofarm v EUIPO – Marco Viti Farmaceutici (Vitis pharma Dicofarm group)
EU trade mark – Invalidity proceedings – EU figurative mark Vitis pharma Dicofarm group – Earlier national figurative mark viti DREN – Relative ground for invalidity – Article 8(1)(b) of Regulation (EU) 2017/1001 – Weak similarity of the goods and services – No likelihood of confusion
Case T-459/22 Laboratorios Ern v EUIPO – Biolark (BIOLARK)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark BIOLARK – Earlier national word mark BIOPLAK – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-618/22 Amazonen-Werke H. Dreyer v EUIPO (Combination of the colours green and orange)
EU trade mark – International registration designating the European Union – Mark consisting in a combination of the colours green and orange – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-102/21 Bastion Holding and Others v Commission
State aid – Measures to support small and medium-sized enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
Case T-238/21 Ryanair v Commission (SAS II ; COVID-19)
State aid – Danish and Swedish air transport markets – Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic – Recapitalisation of SAS – Decision not to raise any objections – Actions for annulment – Individual concern – Substantial effect on the competitive position – Admissibility – Temporary Framework for State aid measures – Aid to remedy a serious disturbance in the economy of a Member State – Compliance with the requirements of the Temporary Framework
Case T-289/21 Bastion Holding and Others v Commission
State aid – Measures to support enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
Case T-513/21 Bastion Holding and Others v Commission
State aid – Measures to support enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
Case T-437/22 Vanhove v EUIPO – Aldi Einkauf (bistro Régent)
EU trade mark – Opposition proceedings – Application for the EU figurative mark bistro Régent – Earlier national word mark REGENT – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character
Case T-313/20 Stadtwerke Leipzig v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
Case T-314/20 Stadtwerke Hameln Weserbergland v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Inadmissibility
Case T-315/20 TEAG v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
Case T-316/20 Naturstrom v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Inadmissibility
Case T-317/20 EnergieVerbund Dresden v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
Case T-318/20 eins energie in sachsen v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Lack of standing – Lack of active participation – Inadmissibility
Case T-319/20 GGEW v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration to be compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Concept of a ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Period of analysis – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
Case T-320/20 Mainova v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Admissibility
Case T-322/20 Stadtwerke Frankfurt am Main v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – Inadmissibility
Case T-685/21 IR v Commission
Civil service – Officials – Social security – Joint rules on sickness insurance for officials – Article 72 of the Staff Regulations – Serious illness – Opinion of the Medical Officer – Obligation to state reasons
Case T-177/22 Chambers and Others v Commission
Civil service – Members of the temporary staff – Members of the contract staff – Reimbursement of expenses – Travel expenses – Consequences of the departure of the United Kingdom from the European Union – Place of origin located in a third country – Withdrawal of entitlement to annual flat-rate payment for travel expenses – Error of assessment – Equal treatment
Case T-267/22 Consulta v EUIPO – Karlinger (ACASA)
EU trade mark – Invalidity proceedings – EU word mark ACASA – Absolute ground for invalidity – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
Case T-480/22 Panicongelados-Massas Congeladas v EUIPO – Seder (panidor)
EU trade mark – Opposition proceedings – Application for EU figurative mark panidor – Earlier national word mark ANIDOR – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-656/22 moderne Stadt v EUIPO (DEUTZER HAFEN)
EU trade mark – Application for EU word mark DEUTZER HAFEN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment
Case T-657/22 moderne Stadt v EUIPO (DEUTZER HAFEN KÖLN)
EU trade mark – Application for EU word mark DEUTZER HAFEN KÖLN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equality of treatment
Case T-771/21 Bategu Gummitechnologie v Commission
Non-contractual liability – Competition – Decision rejecting a complaint – Material loss – Reality and certainty of the damage – Action manifestly lacking any foundation in law
Case T-764/21 Atesos medical and Others v Commission
Action for annulment – Medical devices – Directive 93/42/EEC – Expiry of the validity of certificates for medical devices issued under the mutual recognition agreement by bodies established in Switzerland – Amendment of the entry in the online database of the NANDO information system corresponding to the conformity assessment body for medical devices which had issued the certificates – Act not open to challenge – Manifest inadmissibility
Case T-452/20 Meta Platforms Ireland v Commission
Competition – Data market – Administrative procedure – Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 – Request for information – Virtual data room – Obligation to state reasons – Legal certainty – Rights of the defence – Necessity of the information requested – Misuse of powers – Right to privacy – Proportionality – Principle of good administration – Professional secrecy
Case T-477/21 Glaxo Group v EUIPO – Cipla Europe (Shape of an inhaler)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of an inhaler – Absolute ground for invalidity – Distinctive character acquired through use – Article 51(2) of Regulation (EC) No 40/94 (now Article 59(2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
Case T-556/21 Lyubetskaya v Council
Case T-557/21 Omeliyanyuk v Council
Case T-579/21 Gusachenka v Council
Case T-580/21 Haidukevich v Council
Case T-714/21 AL v Commission
Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Article 2(4) of Annex VII to the Staff Regulations – Person treated as a dependent child – Conditions for granting – Withdrawal of entitlement to the allowance – Recovery of undue payments – Article 85 of the Staff Regulations
Case T-68/22 Granini France v EUIPO – Pichler (Joro)
EU trade mark – Opposition proceedings – Application for EU word mark Joro – Earlier national word mark JOKO – Relative ground for refusal – Likelihood of confusion – Similarity of goods – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-509/22 Bimbo v EUIPO – Bottari Europe (BimboBIKE)
EU trade mark – Opposition proceedings – Application for EU figurative mark BimboBIKE – Earlier national word mark BIMBO – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
June 2023
Case T-309/21 TC v Parliament
Law governing the institutions – Rules governing expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Reasonable time – Burden of proof – Right to be heard – Protection of personal data – Article 9 of Regulation (EU) 2018/1725 – Article 26 of the Staff Regulations
Language of the case: Lithuanian
Case T-143/22 OP v Parliament
Civil service – Officials – Survivor’s pension – Refusal to grant – Surviving spouse – Eligibility conditions – Duration of the marriage – Plea of illegality – Article 80, first paragraph, of the Staff Regulations – Article 2 of Annex VII to the Staff Regulations – Orphans’ pension – Refusal to grant – Concept of ‘dependent child’ – Error of law
Language of the case: French
Case T-519/22 Société des produits Nestlé v EUIPO – European Food (FITNESS)
EU trade mark – Procedure for the revocation of decisions or the cancellation of entries – Revocation of a decision containing an obvious error attributable to EUIPO – Article 103(1) of Regulation (EU) 2017/1001 – No obvious error
Language of the case: English
Case T-585/20 Polwax v Commission
Language of the case: Polish
Case T-79/21 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
Language of the case: English
Case T-376/21 Instituto Cervantes v Commission
Public supply contracts – Tendering procedure – Provision of language training for the institutions, bodies and agencies of the European Union – Ranking of a tenderer in the cascade procedure – Obligation to state reasons – Documents in the tender accessible via a hypertext link – Manifest errors of assessment – Misuse of powers
Language of the case: French
Case T-571/17 RENV UG v Commission
Civil service – Contract staff – Contract of indefinite duration – Termination of contract – Article 47(c)(i) of the CEOS – Incompetence – Conduct in the service and attitude at work incompatible with the interests of the service – Obligation to state reasons – Right to be heard – Entitlement to parental leave – Article 42a of the Staff Regulations – Application of the minimum requirements in Directives 2010/18/EU and 2002/14/EC to officials and other servants of the European Union – Articles 27, 30 and 33 of the Charter of Fundamental Rights – Workers’ right to information and consultation – Article 24b of the Staff Regulations – Manifest error of assessment – Protection in the event of unjustified dismissal – Indirect challenge to definitive acts – Inadmissibility – Principle of proportionality – Misuse of powers – Liability
Language of the case: French
Case T-326/21 Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission
Dumping – Importation of aluminium extrusions originating in China – Implementing Regulation (EU) 2021/546 – Imposition of a definitive anti-dumping duty – Article 1(4) of Regulation (EU) 2016/1036 – Definition of the product concerned – Determination of the normal value – Article 2(6a) of Regulation 2016/1036 – Report finding significant distortions in the exporting country – Burden of proof – Use of a representative country – Article 3(1), (2), (3), (5) and (6) of Regulation EU 2016/1036 – Injury – Economic factors and indices having a bearing on the state of the Union industry – Rights of the defence – Principle of good administration
Language of the case: Italian
Case T-748/21 Hangzhou Dingsheng Industrial Group and Others v Commission
Dumping – Extension of the definitive anti-dumping duty imposed on imports of certain aluminium foil originating in China to imports of certain aluminium foil consigned from Thailand – Anti-circumvention investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Sufficient evidence – Manifest error of assessment – Obligation to state reasons
Language of the case: English
Case T-628/22 Repasi v Commission
Action for annulment – Environment – Commission Delegated Regulation (EU) 2022/1214 – Taxonomy – Economic activities relating to fossil gas and nuclear energy – Inclusion in sustainable economic activities – Member of the European Parliament – Lack of direct concern – Inadmissibility
Language of the case: German
Case T-752/20 IMG v Commission
Non-contractual liability – OLAF investigations – Press leaks – Material and non-material damage – Causal link – Imputability of the leaks – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Confidentiality of legal advice
Language of the case: French
Case T-145/22 CEDC International v EUIPO – Underberg (Shape of a blade of grass in a bottle)
EU trade mark – Opposition proceedings – Application for a three-dimensional EU trade mark – Shape of a blade of grass in a bottle – Earlier national trade marks – Relative ground for refusal – Article 8(3) of Regulation (EC) No 40/94 (now Article 8(3) of Regulation (EU) 2017/1001) – Concept of ‘agent’ or ‘representative’ – Requirement for a direct contractual agreement
Language of the case: English
Information (on unpublished decisions)
Case T-115/23 R Debreceni Egyetem v Council
Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency
Case T-433/22 Spreewood Distillers v EUIPO – Radgonske gorice (STORK)
EU trade mark – Opposition proceedings – Application for EU word mark STORK – Earlier national word mark GOLDEN STORK – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-650/20 KD v EUIPO
Civil service – Members of the temporary staff – Members of Staff of EUIPO – Contract for a fixed period – Non-renewal – Competent authority – Principle of sound administration – Right to be heard – Liability – Non-material damage
Case T-141/21 Shakutin v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Obligation to state reasons – Right to be heard – Right to effective judicial protection – Error of assessment
Case T-581/21 Skryba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into and transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of a sanction – Obligation to state reasons – Error of assessment – Proportionality
Case T-582/21 Rubnikovich v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into or transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of a sanction – Obligation to state reasons – Error of assessment – Proportionality
Case T-583/21 Bakhanovich v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into or transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of the sanction – Obligation to state reasons – Error of assessment – Proportionality
Case T-735/21 Aprile and Commerciale Italiana v EUIPO – DC Comics (Representation of a bat in an oval surround)
EU trade mark – Invalidity proceedings – Figurative EU trade mark representing a bat in an oval surround – Absolute grounds for invalidity – Distinctive character – No descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Restriction of the goods covered by the application for a declaration of invalidity – Obligation to state reasons
Case T-33/22 Vallegre v EUIPO – Joseph Phelps Vineyards (PORTO INSÍGNIA)
EU trade mark – Opposition proceedings – Application for the EU word mark PORTO INSÍGNIA – Earlier EU word mark INSIGNIA – 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)
Case T-47/22 DDR Kultur v EUIPO – Groupe Canal+ (THE PLANET)
EU trade mark – Opposition proceedings – Application for the EU figurative mark THE PLANET – Earlier EU figurative mark PLANÈTE + – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-63/22 Brooks England v EUIPO – Brooks Sports (BROOKS ENGLAND)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BROOKS ENGLAND – Earlier EU word mark BROOKS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 43(2) of Regulation No 40/94 (now Article 47(2) of Regulation 2017/1001)
Joined Cases T-218/22 and T-219/22 Roxtec and Wallmax v EUIPO – Wallmax and Roxtec (Representation of a blue square containing eight concentric black circles)
EU trade mark – Invalidity proceedings – EU figurative trade mark representing a blue square containing eight concentric black circles – Absolute ground of invalidity – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
Case T-227/22 Cylus Cyber Security v EUIPO – Cylance (CYLUS)
EU trade mark – Opposition proceedings – Application for EU word mark CYLUS – Earlier EU word mark CYLANCE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-239/22 Cherusci v EUIPO – LexDellmeier (RIALTO)
EU trade mark – Revocation proceedings – EU word mark RIALTO – No genuine use of the trade mark – No proper reasons for non-use – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-322/22 UNSA Énergie v Commission
State aid – Regulated tariffs for the sale of electricity in France – Increase in the ceiling for regulated access to historical nuclear electricity – Rejection of a complaint – Article 1(h) of Regulation (EU) 2015/1589 – Trade union – Concept of ‘interested party’
Case T-339/22 Chocolates Lacasa Internacional v EUIPO – Esquitino Madrid (Conguitos)
EU trade mark – Invalidity proceedings – EU figurative mark Conguitos – Earlier EU word mark Conguitos – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Relative ground for invalidity – Unfair advantage taken of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001)
Case T-368/22 Cassa Centrale v EUIPO – Bankia (BANQUÌ)
EU trade mark – Opposition proceedings – Application for EU word mark BANQUÌ – Earlier EU figurative mark Bankia – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Distinctive character of the earlier mark
Case T-419/22 Medex v EUIPO – Stein (medex)
EU trade mark – Revocation proceedings – EU figurative mark medex – Genuine use of the mark – Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001 – Classification of the goods for which genuine use has been shown
Case T-541/22 Sanity Group v EUIPO – AC Marca Brands (Sanity Group)
EU trade mark – Opposition proceedings – Application for EU figurative mark Sanity Group – Earlier EU figurative mark SANYTOL – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-543/22 Laboratorios Ern v EUIPO – BRM Extremities (BIOPLAN)
EU trade mark – Opposition proceedings – Application for EU word mark BIOPLAN – Earlier national word mark BIOPLAK – Relative ground for refusal – No similarity between the goods – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-568/22 XNT v EUIPO – Exane (EXANE)
EU trade mark – Invalidity proceedings – EU word mark EXANE – Earlier company name EXANTE – Domain name ‘exante.eu’ – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-179/23 R FFPE section Conseil v Council
Interim relief – Law governing the institutions – Trade union or professional associations (OSPs) – Agreement concluded between the Council and the OSPs of the General Secretariat of the Council – Procedure for verifying the criteria for the recognition and the representativeness of the OSPs – Suspension of rights flowing from the agreement of an OSP not reaching the threshold of representativeness – Application for suspension of operation of a measure – No urgency
Case T-200/20 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)
Case T-201/21 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
Case T-446/22 Corver v EUIPO (CHR ME)
EU trade mark – Invalidity proceedings – Application for the EU figurative mark CHR ME – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-327/22 PS v EEAS
Civil service – Members of the contract staff – Change of place of employment – Addendum to the contract of employment – Purely confirmatory measure – Inadmissibility
Case T-771/22 NO v Commission
Action for annulment – State aid – Irish legal sector – Payment of the fees of a client’s former solicitor by that client’s new solicitor – Rejection of a complaint – Decision finding that there is no State aid – State resources – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law
Case T-131/21 Região Autónoma da Madeira v Commission
State aid – Aid scheme implemented by Portugal – Madeira Free Zone – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Standing to bring proceedings – Admissibility – Meaning of ‘State aid’ – Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Recovery – Legitimate expectations – Legal certainty – Principle of sound administration – Absolute impossibility of implementation – Limitation – Article 17 of Regulation 2015/1589
Joined Cases T-197/22 and T-198/22 Ioulia and Irene Tseti Pharmaceutical Laboratories v EUIPO – Arbora & Ausonia (InterMed Pharmaceutical Laboratories eva intima)
EU trade mark – Opposition proceedings – Application for EU figurative marks InterMed Pharmaceutical Laboratories eva intima – Earlier EU and national word marks EVAX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-347/22 Rauch Furnace Technology v EUIPO – Musto et Bureau (Creuset)
Community design – Invalidity proceedings – Community design representing a melting crucible – Prior design – Ground for invalidity – Lack of individual character – No different overall impression – Disclosure of prior design – Articles 6, 7 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Evidence filed in a language other than the language of the proceedings – Article 29(1) and (5), and Article 81(2) of Regulation (EC) No 2245/2002 – Facts or evidence relied on for the first time before the Board of Appeal – Article 63 of Regulation No 6/2002
Case T-438/22 International British Education XXI v EUIPO – Saint George´s School (IBE ST. GEORGE'S)
EU trade mark – Opposition proceedings – Application for the EU figurative mark IBE ST. GEORGE’S – Earlier national figurative mark ST. GEORGE’S SCHOOL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-514/22 Vitromed v EUIPO – Vitromed Healthcare (VITROMED Germany)
EU trade mark – Opposition proceedings – Application for the EU figurative mark VITROMED Germany – International registration of the earlier figurative mark VITROMED – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-537/22 Delta Sport Handelskontor v EUIPO – Lego (Building block from a toy building set)
Community design – Invalidity proceedings – Registered Community design representing a building block from a toy building set – Cross-claim – Request for alteration – No interest in bringing proceedings – Inadmissibility
Case T-207/21 Polynt v ECHA
REACH – Evaluation of substances – Hexahydro-4-methylphthalic anhydride – ECHA decision requesting one or more additional tests – Article 40 of Regulation (EC) No 1907/2006 – Appeal brought before the Board of Appeal – Error of law
Case T-239/21 Dana Astra v Council
Case T-452/22 Hofmeir Magnetics v EUIPO – Healthfactories (Hofmag)
EU trade mark – Opposition proceedings – Application for EU word mark Hofmag – Earlier non-registered word mark HOFMAG – Relative ground for refusal – No use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
Case T-495/22 UGA Nutraceuticals v EUIPO – BASF (OMEGOR)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark OMEGOR – Earlier EU figurative mark OMACOR – 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)
Case T-496/22 UGA Nutraceuticals v EUIPO – BASF (OMEGOR VITALITY)
EU trade mark – Opposition proceedings – Application for the EU word mark OMEGOR VITALITY – Earlier EU figurative mark OMACOR – 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)
Case T-645/22 C. & S. v EUIPO – Scuderia AlphaTauri (CS jeans your best fashion partner)
EU trade mark – Revocation proceedings – EU figurative mark CS jeans your best fashion partner – Lack of genuine use of the mark – Nature of use – Lack of use in connection with the goods in respect of which the mark is registered – Article 58(1)(a) of Regulation (EU) 2017/1001
Case T-318/21 KF v EIB
Civil service – EIB Staff – Invalidity Committee – Refusal to recognise incapacity – Rejection of a request for an administrative review – Lis pendens – Inadmissibility
Case T-719/22 Puma v EUIPO – Herno (HERZO)
Action for annulment – EU trade mark – Opposition proceedings – Application for the EU word mark HERZO – Earlier EU figurative mark HERNO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-666/20 Thunus and Others v EIB
Civil service – Staff of the EIB – Remuneration – Annual salary adjustment – Plea of illegality – Res judicata – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality – Action manifestly lacking any foundation in law
July 2023
Case T-115/20 Puigdemont i Casamajó and Comín i Oliveres v Parliament
Action for annulment – Institutional law – Member of the Parliament – Refusal of the President of the Parliament to accede to a request for privileges and immunities to be defended – Act not open to challenge – Inadmissibility
Language of the case: English
Case T-126/21 Nevinnomysskiy Azot and NAK 'Azot' v Commission
Dumping – Imports of ammonium nitrate originating in Russia – Definitive anti-dumping duties – Request for an expiry review – Article 11(2) of Regulation (EU) 2016/1036 – Article 5(3) and (9) of Regulation 2016/1036 – Legal time limit – Sufficiency of the evidence – Deficiency procedure – Information submitted outside the legal time limit
Language of the case: English
Case T-223/21 SE v Commission
Civil service – Members of the temporary staff – Recruitment – Contract of employment – Article 2(b) of the CEOS – Rejection of an application – Promotion – Reclassification – New contract – Expiry of the contract – Article 8, second paragraph, and Article 10(3) of the CEOS – Error of law – Equal treatment – Action for annulment – Admissibility
Language of the case: English
Case T-272/21 Puigdemont i Casamajó and Others v Parliament
Institutional law – Member of the Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Article 9 of Protocol No°7 on the Privileges and Immunities of the European Union – Competence of the authority that issued the request for waiver of immunity – Legal certainty – Manifest error of assessment – Scope of the Parliament’s review – Procedure for examining the request for the waiver of immunity – Rights of the defence – Impartiality
Language of the case: English
Case T-8/21 IFIC Holding v Commission
Language of the case: German
Case T-377/21 Eurecna v Commission
Access to documents – Regulation (EC) No 1049/2001 – Final report of the investigation by OLAF into the performance of a service contract financed by the EDF – Refusal to grant access – Exception relating to the protection of the decision-making process – Exception relating to protection of the purpose of inspections, investigations and audits – General presumption – Obligation to state reasons
Language of the case: Italian
Case T-34/22 Cunsorziu di i Salamaghji Corsi - Consortium des Charcutiers Corses and Others v Commission
Protected geographical indication – Protected designation of origin – Applications for protection of the geographical indications ‘Jambon sec de l’Île de Beauté’, ‘Lonzo de l’Île de Beauté’ and ‘Coppa de l’Île de Beauté’ – Earlier protected designations of origin ‘Jambon sec de Corse – Prisuttu’, ‘Lonzo de Corse – Lonzu’ and ‘Coppa de Corse – Coppa di Corsica’ – Eligibility of names – Evocation – Article 7(1)(a) and Article 13(1)(b) of Regulation (EU) No 1151/2012 – Scope of the Commission’s control of the applications for registration – Article 50(1) and Article 52(1) of Regulation No 1151/2012 – Error of assessment
Language of the case: French
Case T-776/20 Stockdale v Council and Others
Action for annulment and compensation – International contracted staff with the EU Special Representative in Bosnia and Herzegovina – Common foreign and security policy – Termination of the employment contract following the withdrawal of the United Kingdom from the European Union – Jurisdiction of the EU Courts – Contractual nature of the dispute – Absence of arbitration clause and jurisdiction clause – Articles 263, 268, 272 and 274 TFEU – Regulation (EU) No 1215/2012 – Admissibility – Identification of the defendants – Concept of ‘EU institution, body, office or agency’ – Partial lack of competence and inadmissibility
Language of the case: French
Case T-269/21 Arctic Paper Grycksbo v Commission
Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National implementing measures – Transitional free allocation of greenhouse gas emission allowances – Decision to exclude an installation exclusively using biomass – Duty of diligence – Right to be heard – Obligation to state reasons – Manifest error of assessment – Equal treatment – Legitimate expectations – Plea of illegality – Paragraph 1 of Annex I to Directive 2003/87
Language of the case: Swedish
Case T-222/22 Engineering - Ingegneria Informatica v Commission and REA
Language of the case: Italian
Information (on unpublished decisions)
Case T-639/20 TIB Chemicals v Commission
Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/1182 – Classification of dioctyltin dilaurate [1]; stannane, dioctyl-, bis (coco acyloxy) derivs. [2] – Read-across – Burden of proof – Manifest error of assessment – Impact assessment
Cases T-649/20, T-721/20 and T-767/20 Clean Aviation Joint Undertaking v NG
Arbitration clause – Seventh Framework Programme for the activities of research and development (FP7) – Grant agreements – Lack of supporting documents and non-compliance with the contractual requirements for part of the declared expenses – Repayment of the sums advanced – Jurisdiction of the General Court – Admissibility – Eligible costs – Burden of proof – Interest on arrears
Case T-770/21 OC v EEAS
Civil service – Officials – Staff of the EEAS – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Obligation to state reasons – Right to be heard – Concept of ‘psychological harassment’ – Manifest error of assessment – Duty to have regard for the welfare of staff
Case T-10/22 Wajos v EUIPO (Forme d´un contenant)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a container – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) – Decision taken following the annulment by the General Court of an earlier decision – Res judicata
Case T-358/20 Net Technologies Finland v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Personnel costs – Reimbursement of sums paid – Eligibility of costs relating to in-house consultants – Burden of proof
Case T-379/21 Vendrame v Commission
Access to documents – Regulation (EC) No 1049/2001 – Final report of the investigation by OLAF into the performance of a service contract financed by the EDF – Refusal to grant access – Exception relating to the protection of the decision-making process – Exception relating to protection of the purpose of inspections, investigations and audits – General presumption – Obligation to state reasons
Case T-491/21 Hungary v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Hungary – No double funding – Article 30 of Regulation (EU) No 1306/2013 – Article 28(1)(b) of Implementing Regulation (EU) No 809/2014 – Aid for afforestation – Article 22 of Regulation (EU) No 1305/2013 – Aid for greening – Article 43 of Regulation (EU) No 1307/2013 – Cumulation of aid
Case T-694/21 aTmos Industrielle Lüftungstechnik v EUIPO – aTmos Industrielle Lüftungstechnik (aTmos)
EU trade mark – Invalidity proceedings – EU word mark aTmos – Earlier national trade names aTmos Industrielle Lüftungstechnik GmbH and aTmos – Relative ground for invalidity – Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 (now Article 60(1)(c) and Article 8(4) of Regulation (EU) 2017/1001) – Examination of the facts by the Office of its own motion – Article 95(1) of Regulation 2017/1001
Case T-27/22 Innovaciones Cosmético Farmacéuticas v EUIPO – Benito Oliver (th pharma)
EU trade mark – Opposition proceedings – Application for EU figurative mark TH PHARMA – Earlier national figurative mark TH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001
Case T-261/22 mBank v EUIPO – European Merchant Bank (EMBANK European Merchant Bank)
EU trade mark – Invalidity proceedings – EU figurative mark EMBANK European Merchant Bank – Earlier EU figurative mark mBank – Earlier national word mark mBank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document submitted for the first time before the Board of Appeal
Case T-325/22 Nurel v EUIPO – FKuR Property (Terylene)
EU trade mark – Opposition proceedings – Application for EU word mark Terylene – Earlier EU word mark TERRALENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Proof of genuine use
Case T-487/22 Multiópticas v EUIPO – Nike Innovate (Representation of two black geometrical shapes)
EU trade mark – Opposition proceedings – Application for EU figurative mark representing two black geometrical shapes – Earlier EU and national figurative marks mó – Relative ground for refusal – No damage to reputation – Non‑similarity of the signs – Article 8(5) of Regulation (EU) 2017/1001
Case T-585/22 Trus v EUIPO – Unilab (ARTRESAN)
EU trade mark – Revocation proceedings – EU word mark ARTRESAN – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
Case T-662/22 Tavitova v EUIPO – Cordier (AURUS)
EU trade mark – Opposition proceedings – Application for EU figurative mark AURUS – International registration of the earlier word mark AUDAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-772/22 Fibrecycle v EUIPO (BACK-2-NATURE)
EU trade mark – International registration designating the European Union – Word mark BACK-2-NATURE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-126/23 R VC v EU-OSHA
Interim relief – Public supply contracts – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of information relating to that exclusion – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing up of interests
Case T-743/22 RII Mazepin v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Prima facie case – Urgency – Weighing up of interests
Case T-226/23 R Neuraxpharm Pharmaceuticals v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-227/23 R Mylan Ireland v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-228/23 R Zaklady Farmaceutyczne Polpharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-276/23 R Baldan v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
Case T-222/23 R Arysta Lifescience v EFSA
Interim relief – Access to documents – Regulation (EC) No 1049/2001 – Documents related to the procedure for renewing the approval of an active substance – Documents originating from a third party – Decision to grant a third party access to the documents – Application for suspension of operation of a measure – Concept of ‘information relating to emissions into the environment’ – Regulation (EC) No 1367/2006 – Prima facie case – Urgency – Balancing of competing interests
Cases T-256/23 and T-256/23 R Mylan Ireland v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-257/23 R Neuraxpharm Pharmaceuticals v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-258/23 R Zaklady Farmaceutyczne Polpharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-278/23 R Zentiva and Zentiva Pharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
Case T-424/22 D'Agostino and Dafin v ECB
Case T-90/23 D’Agostino v ECB
Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
Case T-131/23 Nardi v ECB
Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
Case T-215/21 SMA Mineral v Commission
Environment – Directive 2003/87/EC – System for greenhouse gas emission allowance trading – Transitional free allocation of greenhouse gas emission allowances – Installation using an intermediate product covered by a product benchmark – Rejection of data relating to the free allocation of allowances concerning that installation – Manifest errors of assessment
Case T-244/21 Luossavaara-Kiirunavaara v Commission
Environment – Directive 2003/87/EC – System for greenhouse gas emission allowance trading – Transitional free allocation of greenhouse gas emission allowances – Installations producing a product which is not covered by a product benchmark – No direct substitutability between the products – Rejection of data relating to the free allocation of allowances concerning those installations – Obligation to state reasons – Manifest errors of assessment – Equal treatment – Duty of diligence – International obligations and commitments of the European Union – Plea of illegality
Joined Cases T-562/21 and T-590/21 Worldwide Brands v and Guangdong Camel Apparel v EUIPO – Guangdong Camel Apparel and Worldwide Brands (CAMEL CROWN)
EU trade mark – Opposition proceedings – Application for EU word mark CAMEL CROWN – International registration of the earlier figurative mark camel active – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-591/21 Apart v EUIPO – S. Tous (Representation of the outline of a bear)
EU trade mark – Invalidity proceedings – EU figurative mark representing the outline of a bear – Absolute ground for invalidity – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-601/21 DEP Pharmadom v EUIPO - Wellstat Therapeutics (WELLMONDE)
Procedure – Taxation of costs – Inadmissibility
Case T-638/21 Apart v EUIPO – S. Tous (Representation of the outline of a bear)
EU trade mark – Revocation proceedings – EU figurative mark representing the outline of a bear – Partial revocation – Genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use
Case T-662/21 Troy Chemical Company v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest
Case T-745/21 Rotkäppchen-Mumm Sektkellereien v EUIPO – Cantina San Donaci (Passo Lungo)
EU trade mark – Opposition proceedings – Application for EU word mark Passo Lungo – Earlier national word mark Doppio Passo – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 95(1) of Regulation 2017/1001
Case T-67/22 Guma Holdings v EUIPO – XTB (XTRADE)
EU trade mark – Invalidity proceedings – Figurative mark XTRADE – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001
Case T-109/22 Schneider v EUIPO – Frutaria Innovation (frutania)
EU trade mark – Opposition proceedings – Application for the EU figurative mark frutania – Earlier EU figurative mark Frutaria – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-243/22 Pshonka v Council
Case T-244/22 Pshonka v Council
Case T-273/22 Engineering - Ingegneria Informatica v Commission
Arbitration clause – ‘Horizon 2020 – Framework Programme for Research and Innovation’ (2014-2020) – ‘Detecting and ANalysing TErrorist-related online contents and financing activities – DANTE’ project – Grant agreement – Action for annulment – Final audit report – Debit note – Acts not amenable to review – Acts forming part of a purely contractual context from which they are not separable – Inadmissibility – Staff costs – Bonuses calculated on the basis of commercial targets – Ineligibility – Legitimate expectations
Case T-315/22 Yayla Türk v EUIPO – Marmara Import-Export (Sütat)
EU trade mark – Invalidity proceedings – EU word mark Sütat – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard
Case T-434/22 Topas v EUIPO – Tarczyński (VEGE STORY)
EU trade mark – Opposition proceedings – Application for the EU word mark VEGE STORY – Earlier EU word mark végé’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-439/22 Rada Perfumery v EUIPO – Prada (RADA PERFUMES)
EU trade mark – Opposition proceedings – Application for EU figurative mark RADA PERFUMES – Earlier EU figurative marks PRADA – Earlier EU figurative mark PRADA MILANO DAL 1913 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-663/22 Mood Media Netherlands v EUIPO – Tailoradio (RADIO MOOD In-store Radio, made easy)
EU trade mark – Opposition proceedings – Application for the EU figurative mark RADIO MOOD In-store Radio, made easy – Earlier EU figurative mark MOOD:MIX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-664/22 Mood Media Netherlands v EUIPO – Tailoradio (VIDEO MOOD Digital Signage, made easy)
EU trade mark – Opposition proceedings – Application for the EU figurative mark VIDEO MOOD Digital Signage, made easy – Earlier EU figurative mark MOOD:MIX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-22/23 Markt-Pilot v EUIPO (MARKT-PILOT)
EU trade mark – Application for the EU word mark MARKT-PILOT – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-286/23 R OT v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency
Case T-786/22 Frajese v Commission
Action for annulment – Medicinal products for human use – Marketing authorisation for the medicinal product Spikevax – Marketing authorisation for the medicinal product Comirnaty – COVID‑19 vaccine – No interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
August 2023
Information (on unpublished decisions)
Case T-338/23 R Next Media Project v EFCA
Interim relief – Public supply contracts – Communication and event organisation services – Application for interim measures – No prima facie case
Case T-675/22 Flynn v ECB
Case T-609/22 Nienaber v EUIPO – St. Hippolyt Mühle Ebert (BoneKare)
EU trade mark – Invalidity proceedings – EU word mark BoneKare – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
Case T-610/22 Nienaber v EUIPO (BoneKare)
EU trade mark – Application for EU word mark BoneKare – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-13/23 Balaban v EUIPO – Shenzhen Stahlwerk Welding Technology (STAHLWERK)
EU trade mark – Invalidity proceedings – EU word mark STAHLWERK – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
Case T-633/22 LD v EUIPO
Civil service – Officials – Article 42c of the Staff Regulations – Leave in the interests of the service – Withdrawal of rights and privileges – Categorisation as a complaint – Article 90 of the Staff Regulations – Lodging of a second complaint – Time limit for bringing proceedings – Inadmissibility
September 2023
Case T-748/20 Commission v CEVA and Others
Arbitration clause – Specific programme for research and development in the field of ‘Quality of Life and Management of Living Resources’ – Grant agreement – OLAF investigation report finding financial irregularities – Reimbursement of the sums paid – Applicable law – Limitation period – Impact of the OLAF report
Language of the case: French
Case T-171/22 OR and OS v Commission
Civil service – Officials – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Period of less than 10 years’ service – Death – Refusal to repay capital representing national pension rights transferred and pension rights acquired in the PSEUI – Article 11(1) and Article 12(1)(b) of Annex VIII to the Staff Regulations – Unjust enrichment
Language of the case: French
Case T-578/22 EDPS v Parliament and Council
Action for annulment – Law governing the institutions – Processing of personal data by Europol – Regulation (EU) 2016/794 – The institutional prerogatives of the EDPS – Locus standi – Action in part inadmissible and in part manifestly inadmissible
Language of the case: English
Case T-65/18 RENV Venezuela v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Prohibition on the sale, supply, transfer or export of certain goods and services – Right to be heard – Obligation to state reasons – Material inaccuracy of the facts – Manifest error of assessment – Public international law
Language of the case: English
Case T-525/20 ITD and Danske Fragtmænd v Commission
State aid – Postal and road haulage sector – Complaint from a competitor – Capital contribution granted by a public undertaking to its subsidiary – Decision finding no State aid after the preliminary examination stage – Parent company of the group jointly controlled by two Member States – Approval of the capital contribution by the parent company of the group – Whether imputable to the State
Language of the case: English
Case T-131/16 RENV Belgium v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Adverse effect on competition – Recovery
Language of the case: English
Cases T-263/16 RENV, T-265/16, T-311/16, T-319/16, T-321/16, T-343/16, T-350/16, T-444/16, T-800/16 and T-832/16 Magnetrol International and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Language of the case: English
Case T-706/22 Nicoventures Trading and Others v Commission
Action for annulment – Public health – Withdrawal of certain exemptions for heated tobacco products – Direct concern – Lack of individual concern – Inadmissibility
Language of the case: English
Cases T-12/15, T-158/15 and T-258/15 Banco Santander and Others v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Language of the case: Spanish
Information (on unpublished decisions)
Case T-393/23 R Teva v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Lack of urgency
Case T-212/20 Gaz-System v ACER
Action for annulment – Energy – Regulation (EU) 2017/459 – Capacity allocation mechanisms in gas transmission systems – Selection of gas transmission capacity booking platforms – ACER decision in the absence of agreement between the national regulatory authorities – Selection procedure by ACER – Conditions for ACER to resume the proceedings after referral back by the Board of Appeal – Scope and intensity of the Board of Appeal’s review of the legality of ACER decisions – Manifestly well-founded action
Case T-200/21 JS v EDPS
Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Rejection of the complaint to the EDPS concerning the storage and processing of personal data by the SRB – Refusal of the request for review – Right to erasure – Right to object – Right to restriction of processing – Article 26 of the Staff Regulations – Principle of sound administration
Case T-600/21 WS and Others v Frontex
Non-contractual liability – Regulation (EU) 2016/1624 – Directive 2013/32/EU – Directive 2008/115/EC – Frontex’s obligations relating to the protection of fundamental rights – No abuse of process – Admissibility – Causal link
Case T-643/21 Foodwatch v Commission
Access to documents – Regulation (EC) No 1049/2001 – Preparatory document for a meeting of the RCF – CETA between Canada, of the one part, and the European Union and its Member States, of the other part – Partial refusal of access – Exception relating to the protection of the public interest in matters of international relations – Obligation to state reasons – Obligation to carry out a concrete examination
Case T-774/21 DPG Deutsche Pfandsystem v EUIPO – Užstato sistemos administratorius (Représentation d'une bouteille avec une flèche)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a bottle and an arrow – Earlier EU figurative mark representing a can, a bottle and an arrow – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-786/21 Team Beverage v EUIPO (TEAM BUSINESS IT DATEN - PROZESSE - SYSTEME)
EU trade mark – Application for EU figurative mark TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-45/22 Weider Germany v EUIPO – Den i Nosht (YIPPIE!)
EU trade mark – Invalidity proceedings – EU word mark YIPPIE! – Earlier EU word mark Yuppie – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 57(2) of Regulation No 207/2009 (now Article 64(2) of Regulation 2017/1001)
Case T-107/22 Adega Ponte da Boga v EUIPO – Viñedos y Bodegas Dominio de Tares (P3 DOMINIO DE TARES)
European Union trade mark – Invalidity proceedings – European Union figurative mark P3 DOMINIO DE TARES – Earlier national figurative mark P PONTE DA BOGA – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-108/22 Sopra Steria Benelux and Unisys Belgium v Commission
Public service contracts – Tendering procedure – Services for the specification, development, maintenance and support of IT platforms for the Directorate-General Taxation and Customs Union – Decision taken following the annulment by the General Court of a previous decision – Rejection of the tender submitted by a tenderer and award of the contract to the tenderer whose tender had initially been accepted – Execution of a judgment of the General Court – Article 266 TFEU – Manifest error of assessment
Case T-252/22 Timchenko v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned – Obligation to state reasons – Article 2(1)(a) and (d) of Decision 2014/145/CFSP – Error of assessment – Right to be heard
Case T-270/22 Pumpyanskiy v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Concept of ‘leading businessperson’ – Proportionality
Case T-272/22 Pumpyanskaya v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Concept of ‘association’ – Proportionality
Case T-276/22 Groz-Beckert v EUIPO (Position des couleurs blanche, rouge et vert sapin sur un emballage rectangulaire)
EU trade mark – Application for the EU trade mark consisting in the application of the colours white, red and dark green to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001
Case T-277/22 Groz-Beckert v EUIPO (Position des couleurs rouge et blanche sur un emballage rectangulaire)
EU trade mark – Application for the EU trade mark consisting in the application of the colours red and white to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001
Case T-291/22 Pumpyanskiy v Council
Case T-312/22 QC and Others v EUIPO – Wyrębski (RED BRAND CHICKEN)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark RED BRAND CHICKEN – Shape of a white and red rectangular box – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-316/22 QC and Others v EUIPO – Wyrębski (BLUE BRAND CHICKEN)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark BLUE BRAND CHICKEN – Shape of a white and blue rectangular box – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-335/22 Khudaverdyan v Council
Case T-350/22 adp Merkur v EUIPO – Play’n GO Marks (GAME OF GLADIATORS)
EU trade mark – Opposition proceedings – Application for the EU word mark GAME OF GLADIATORS – Earlier EU word mark Gladiator – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – No genuine use – Article 47(2) of Regulation 2017/1001
Case T-361/22 Timchenko v Council
Case T-377/22 Cayago Tec v EUIPO – iAqua (Shenzhen) (Personal watercraft, speedboat)
Community design – Invalidity proceedings – Registered Community design representing a personal watercraft or a boat – Earlier Community designs – Grounds for invalidity – Conditions for protection – Individual character – Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Degree of freedom of the designer – Overall impression – National judicial proceedings – Expert report
Case T-425/22 Kalypso Media Group v EUIPO (COMMANDOS)
EU trade mark – Application for EU word mark COMMANDOS – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
Case T-492/22 Iwuć v EUIPO – Hangzhou XiangHui (Boîte d’emballage et assortiment de chaussettes)
Community design – Invalidity proceedings – Registered Community design representing a packaging box and a set of socks – Grounds for invalidity – Articles 5, 7 and 25(1)(b) of Regulation (EC) No 6/2002
Case T-557/22 Chmielarz v EUIPO – Granulat (granulat)
EU trade mark – Opposition proceedings – Application for the EU figurative mark granulat – International registration of the earlier figurative mark GRANULAT2000 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-576/22 Bora Creations v EUIPO – True Skincare (TRUE SKIN)
EU trade mark – Opposition proceedings – Application for the EU word mark TRUE SKIN – Earlier EU figurative mark TRUE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-601/22 Consultora de Telecomunicaciones Optiva Media v EUIPO – Optiva Canada (OPTIVA MEDIA)
EU trade mark – Revocation proceedings – EU figurative mark OPTIVA MEDIA – Genuine use of the mark – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Assessment of the evidence
Case T-658/22 Allegro v EUIPO (SMART!)
EU trade mark – Application for the EU word mark SMART! – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-728/22 Industrias Lácteas Asturianas v EUIPO – Qingdao United Dairy (NAMLAC)
EU trade mark – Opposition proceedings – Application for the EU word mark NAMLAC – Earlier Spanish figurative mark Analac – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-1/23 Enmacc v Commission
Public supply contracts – Procurement procedure – Organisation of demand aggregation and tendering of gas under the EU Energy Platform – Negotiated procedure without prior publication of a contract notice – Refusal of a request to participate in the procedure – Obligation to state reasons – Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 – Transparency – Equal treatment
Case T-523/22 MeSoFa v Commission and SRB
Case T-524/22 MeSoFa v Council and Others
Case T-411/23 R YS v Council and Commission
Interim relief – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Derived unlawfulness – Candidates nominated by Greece – Application for suspension of operation of a measure – No urgency
Case T-349/21 Germany v Commission
Case T-86/22 Associazione "Terra Mia Amici No Tap" v EIB
Environment – Financing of the Trans-Adriatic Pipeline – Deliberation of the EIB approving the financing – Publication – Article 10 of Regulation (EC) No 1367/2006 – Request for internal review – Late submission of request
Case T-137/22 Netherlands v Commission
Action for annulment – EAGF – Regulation (EU) No 1306/2013 – Undue payment – Letter rejecting the request for extension of the eight-year time limit for recovery – Act not open to challenge – Inadmissibility
Case T-163/22 Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS)
EU trade mark – Opposition proceedings – Application for EU figurative mark TMC TRANSFORMERS – International registration of the earlier figurative mark TMC – 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)
Case T-167/22 Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS)
EU trade mark – Opposition proceedings – Application for EU word mark TMC TRANSFORMERS – International registration of the earlier figurative mark TMC – 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)
Case T-305/22 Rashnikov v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Listing and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned – Notion of ‘leading businessperson’ – Obligation to state reasons – Error of assessment – Proportionality
Case T-324/22 Ecoalf Recycled Fabrics v EUIPO (BECAUSE THERE IS NO PLANET B)
European Union trade mark – Application for the European Union word mark BECAUSE THERE IS NO PLANET B – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Equal treatment
Case T-328/22 Korres v EUIPO – Naos (EST. KORRES 1996 HYDRA-BIOME)
EU trade mark – Opposition proceedings – Application for the EU figurative mark EST. KORRES 1996 HYDRA-BIOME – Earlier national word mark HYDRABIO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – First sentence of Article 95(1) of Regulation 2017/1001
Case T-473/22 Gürok Turizm ve Madencilik v EUIPO – Darvas and Pap (LΛΛVΛ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark LΛΛVΛ – Earlier EU figurative marks LAV and Lav – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1), second sentence, of Regulation 2017/1001
Case T-488/22 Kaufdas.online v EUIPO – Kaufland (KAUFDAS ONLINE)
EU trade mark – Opposition proceedings – Application for EU figurative mark KAUFDAS ONLINE – Earlier EU word mark KAUFLAND and earlier figurative mark Kaufland – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-549/22 Prolactal v EUIPO – Prolàctea (PROLACTAL)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PROLACTAL – Earlier national figurative mark Prolàctea – Relative ground for refusal – Similarity of the signs – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation (EU) 2018/625 – Obligation to state reasons – Article 94 of Regulation 2017/1001 and Article 41(2) of the Charter of Fundamental Rights
Case T-552/22 mataharispaclub v EUIPO – Rouha (SpaClubMatahari)
EU trade mark – Invalidity proceedings – EU word mark SpaClubMatahari – Absolute ground for invalidity – No bad faith – Article 59(1)(b) of Regulation (EU) 2017/1001 – Inadmissibility – Article 177(1)(d) of the Rules of Procedure of the General Court
Case T-745/22 DGNB v EUIPO (Représentation d’une ligne blanche incurvée dans un carré foncé)
EU trade mark – Application for an EU figurative mark representing a curved white line in a dark square – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Cases T-201/16, T-335/16, T-357/16 and T-369/16 Soudal and Others v Commission
Cases T-266/16, T-324/16, T-351/16, T-363/16, T-371/16 and T-388/16 Capsugel Belgium and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Cases T-278/16 and T-370/16 Atlas Copco Airpower and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Case T-373/16 Victaulic Europe v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Case T-420/16 SJM Coordination Center v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Cases T-467/16 and T-681/16 Flir Systems Trading Belgium and Henkel Belgium v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Case T-637/16 ZF CV Systems Europe v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity
Cases T-858/16 and T-867/16 Dow Silicones and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Case T-516/21 Italy v Commission
Case T-648/21 YD v FRA
Civil service – Temporary staff – Staff of the FRA – Withdrawal of the United Kingdom from the European Union – Loss of nationality of a Member State – Contract for an indefinite period – Termination of the contract – Article 47(c)(ii) of the CEOS – Application for an exception to the condition of engagement laid down in Article 12(2)(a) of the CEOS – Refusal to grant an exception – Right to be heard – Principle of impartiality – Legal certainty – Principle of non-discrimination – Interests of the service – Duty of care – Manifest error of assessment
Case T-210/22 Procter & Gamble v EUIPO (Safeguard)
EU trade mark – Application for EU figurative mark Safeguard – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-293/22 PB v SRB
Civil service – Temporary staff – Reclassification – 2021 reclassification exercise – Decision not to reclassify – Article 54 of the CEOS – General provisions for the implementation of Article 54 of the CEOS – Obligation to consider comparative merits – Obligation to state reasons – Criterion relating to the level of responsibilities exercised – Seniority in the grade – Reclassification quotas – Equal treatment – Manifest error of assessment
Case T-616/22 Breville v EUIPO (Dispositifs de cuisson)
Community design – Registered Community design representing cooking devices – Application for registration’s renewal – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002
Case T-504/23 R Terminal Ouest Provence v CINEA
Interim measures – Connecting Europe Facility (CEF) – Grant agreement – Arbitration clause – Application for interim measures – Lack of urgency
Case T-826/14 Spain v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Cases T-252/15 and T-257/15 Ferrovial and Others v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Case T-253/15 Sociedad General de Aguas de Barcelona v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Cases T-256/15 and T-260/15 Telefónica and Iberdrola v Commission
State Aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Case T-306/23 R Red Bull and Others v Commission
Application for interim measures – Competition – Commission decision ordering an inspection – Application for suspension of operation – No urgency
October 2023
Case T-77/20 Ascenza Agro and Industrias Afrasa v Commission
Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyrifos-methyl – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to examine all the conditions and criteria set out in Regulation No 1107/2009 – Absence of an EFSA conclusion – Transparency obligation – Right to be heard – Obligation to state reasons – Divergent risk assessments by the rapporteur Member State and EFSA – Obligation to take into account all the relevant factors of the case – Interim report on an ongoing study – Precautionary principle – Burden of proof and matter to be proved – Manifest error of assessment – Applicability of the read-across approach and of the weight-of-evidence approach – Possibility of relying on the ECHA and EFSA guidelines
Language of the case: English
Case T-598/21 Euranimi v Commission
Protective measures – Steel products market – Imports of certain steel products – Implementing Regulation (EU) 2021/1029 – Action for annulment – Interest in bringing proceedings – Locus standi – Admissibility – Prolongation of a safeguard measure – Necessity – Threat of serious injury – Adjustment measures – Interest of the European Union – Manifest error of assessment
Language of the case: English
Case T-529/22 QT v EIB
Civil service – EIB staff – Remuneration – Dependent child allowance – Education allowances – Recovery of sums paid but not due – Lack of competence of the author of the act – Infringement of the limitation period
Language of the case: French
Case T-402/20 Zippo Manufacturing and Zippo v Commission
Commercial policy – Regulation (EU) 2020/502 – Measures adopted by the United States on imports of certain derivative aluminium and steel products – European Union decision to suspend equivalent trade concessions and other obligations – Additional customs duties on imports of products originating in the United States – Action for annulment – Standing to bring proceedings – Admissibility – Principle of good administration – Right to be heard
Language of the case: English
Case T-590/20 Clariant and Clariant International v Commission
Competition – Agreements, decisions and concerted practices – Ethylene market – Decision finding an infringement of Article 101 TFEU – Coordination on a purchase price element – Settlement procedure – Fine – Adjustment of the basic amount of the fine – Point 37 of the Guidelines on the method of setting fines – Repeat infringement – Point 28 of the Guidelines on the method of setting fines – Unlimited jurisdiction – Counterclaim for increase of the amount of the fine
Language of the case: English
Case T-74/21 Teva Pharmaceutical Industries and Cephalon v Commission
Competition – Agreements, decisions and concerted practices – Modafinil market – Decision finding an infringement of Article 101 TFEU – Patent dispute settlement agreement – Restriction of competition by object – Characterisation – Restriction of competition by effect – Conditions for exemption under Article 101(3) TFEU – Fines
Language of the case: English
Case T-535/22 NZ v Commission
Civil service – Officials – Recruitment – Internal competition COM/1/AD 10/18 – Decision not to include the applicant on the reserve list – Equal treatment – Stability in the composition of the selection board – Unlimited jurisdiction – Non-material damage
Language of the case: French
Case T-136/19 Bulgarian Energy Holding and Others v Commission
Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence
Language of the case: English
Case T-688/21 BNP Paribas Public Sector v SRB
Arbitration clause – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Contracts concerning the irrevocable payment commitment and the collateral arrangements – Rejection of the request for return of collateral linked to ex ante contributions provided in the form of irrevocable payment commitments – Institution whose authorisation has been withdrawn – Article 7(3) of Implementing Regulation (EU) 2015/81 – Non-contractual liability – Unjust enrichment
Language of the case: French
Case T-48/23 Tomac v Council
Action for annulment – Institutional law – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Required unanimity not achieved – Manifest inadmissibility in part – Request for a time limit capable of allowing the action to be resumed – Manifest lack of jurisdiction in part
Language of the case: French
Case T-244/23 Tomac v Council
Action for failure to act – Institutional law – Full application of the provisions of the Schengen acquis in Romania – Obligation to adopt a decision pursuant to Article 4 of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Status of privileged applicant – Action manifestly lacking any foundation in law
Language of the case: French
Information (on unpublished decisions)
Case T-407/21 PB v Commission
Public supply contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedure – Recovery of amounts unduly paid – Director of the recipient company – Non-contractual liability
Case T-444/22 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Payment of a debt by way of out of court set-off – Legal basis – Competence of the author of the act – Whether the claim is certain and of a fixed amount – Non-contractual liability
Case T-510/22 Sastela v EUIPO – Zenergo (Tante Mitzi Caffè CAFFÈ - STRUDEL - BARETTO)
EU trade mark – Revocation proceedings – EU figurative mark Tante Mitzi Caffè CAFFÈ – STRUDEL – BARETTO – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Facts relied on or evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation (EU) 2018/625
Case T-525/22 Sberbank v Commission and SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme – Endorsement decision by the Commission – Lack of direct concern – Inadmissibility
Case T-526/22 Sberbank v Commission and SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme – Endorsement decision by the Commission – Lack of direct concern – Inadmissibility
Case T-527/22 Sberbank v SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Decision of the SRB not to adopt a resolution scheme – Shareholders – Lack of direct concern – Inadmissibility
Case T-484/14 Monthisa Residencial v Commission
Case T-760/21 DCM Film Distribution v Commission
Culture – Creative Europe Programme (2014 to 2020) – MEDIA Sub-programme – Call for proposals EACEA/22/2019 – EACEA decision rejecting an application for failing to meet the eligibility criteria – Commission decision dismissing the administrative appeal against the EACEA decision – Concept of ‘European company’ – Grant open only to applicants owned, directly or by majority participation, by nationals of a Member State of the European Union or by nationals of other European countries participating in the sub-programme – Errors of law and of assessment – Equal treatment – Proportionality
Case T-296/22 Flowbird v EUIPO – APCOA Parking Holdings (FLOWBIRD)
Case T-317/22 PF v Parliament
Civil service – Officials – Recruitment – Open competition PE/AD/260/2021 – Decision not to admit the applicant to the oral tests – Obligation to state reasons – Impartiality – Manifest error of assessment
Case T-415/22 Cyprus v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-435/22 Pascoe pharmazeutische Präparate v EUIPO – Novartis Pharma (PASCELMO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PASCELMO – Earlier EU word mark PASCOE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-490/22 Dr. Rudolf Liebe Nachfolger v EUIPO – Bit Beauty (ayuna LESS IS BEAUTY)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ayuna LESS IS BEAUTY – Earlier EU word mark AJONA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-516/22 Deutsche Glasfaser Wholesale v EUIPO – O2 Worldwide (brightblue)
EU trade mark – Opposition proceedings – Application for the EU figurative mark brightblue – Earlier EU word mark BLUE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-542/22 Martin Rodrigo v EUIPO – Louis Vuitton Malletier (CALIFORNIA Dreaming by Made in California)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CALIFORNIA Dreaming by Made in California – Earlier Benelux word mark CALIFORNIA DREAM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-52/23 Olive Line International v EUIPO – Santa Rita Harinas (SANTARRITA)
EU trade mark – Opposition proceedings – Application for EU word mark SANTARRITA – Earlier EU figurative mark Santa Rita – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier trade mark – Article 47(2) of Regulation 2017/1001
Case T-87/23 Biogena v EUIPO (THE GOOD GUMS)
EU trade mark – International registration designating the European Union – Figurative mark THE GOOD GUMS – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-799/22 Thunus and Others v EIB
Civil Service – Staff of the EIB – Remuneration – Annual salary adjustment – Plea of illegality – Res judicata – Legitimate expectations – Staff consultation – Obligation to state reasons – Duty of care – Action manifestly lacking any foundation in law
Case T-553/23 R Latombe v Commission
Interim measures – Protection of personal data – EU-US Data Privacy Framework – Decision on the adequacy of the level of protection – Application for suspension of operation of a measure – No urgency
Case T-42/21 RENV Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Action for annulment – Resolution of the Parliament on the de facto prohibition of the right to abortion in Poland – Act not amenable to review – Inadmissibility
Case T-737/20 Ryanair v Commission (airBaltic ; COVID-19)
State aid – Latvian air transport market – Aid granted by Latvia to airBaltic in the context of the COVID-19 pandemic – Recapitalisation – Decision not to raise any objections – Action for annulment – Locus standi – Admissibility – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Identification of the relevant market – Significant market power – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Case T-769/20 Ryanair v Commission (Nordica ; COVID-19)
State aid – Estonian air transport market – Aid granted by Estonia to an airline in the context of the COVID-19 pandemic – Recapitalisation and grant of a subsidised loan to Nordica – Decision not to raise any objections – Temporary Framework for State Aid – Measure intended to remedy a serious disturbance in the economy of a Member State – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Case T-14/21 Ryanair v Commission (Brussels Airlines ; COVID-19)
State aid – Belgian air transport market – Aid granted by Belgium to Brussels Airlines in the context of the COVID-19 pandemic – Recapitalisation – Loan – Decision not to raise objections – Temporary framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Case T-162/21 BZ v ECB
Case T-225/21 Ryanair v Commission (Alitalia I ; COVID-19)
State aid – Italian air-transport market – Aid granted by Italy to an airline in the context of the COVID-19 pandemic – Direct grant – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Consideration of earlier aid measures in favour of the same beneficiary which is the subject of pending formal investigations – Assessment of damages – Causal link – Principle of non-discrimination – Free provision of services – Freedom of establishment – Obligation to state reasons
Case T-332/21 Wizz Air Hungary v Commission (TAROM ; COVID-19)
State aid – Romanian air transport market – Aid granted by Romania to TAROM in the context of the COVID-19 pandemic – State guarantee on loans – Decision not to raise any objections – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market in question – Admissibility – Aid intended to make good the damage caused by an exceptional occurrence – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons
Case T-532/21 MAZ-upravljajusaja kompanija holdinga Belavtomaz v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment
Case T-533/21 Belaz-upravljajusaja kompanija holdinga Belaz Holding v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment
Case T-605/21 TestBioTech v Commission
Environment – Genetically modified products – Genetically modified maize containing, consisting of or produced from MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and its subcombinations – Rejection of an application for internal review of an authorisation for placing on the market – Manifest error of assessment – Article 10 of Regulation (EC) No 1367/2006 – Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 – Article 5 of Implementing Regulation (EU) No 503/2013
Case T-606/21 TestBioTech v Commission
Environment – Genetically modified products – Genetically modified soybean containing, consisting of or produced from MON 87751 × MON 87701 × MON 87708 × MON 89788 and its subcombinations – Rejection of an application for internal review of an authorisation for placing on the market – Manifest error of assessment – Article 10 of Regulation (EC) No 1367/2006 – Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 – Article 5 of Implementing Regulation (EU) No 503/2013
Case T-631/21 BZ v ECB
Case T-336/22 Gomez Calavia v Court of Justice of the European Union
Civil service – Officials – Reports procedure – Staff report – 2019 appraisal procedure – Guide to staff reports – Lower mark – Obligation to state reasons – Manifest error of assessment – Appraisal interview – Deadline for delivering the opinion of the Consultative Committee on Staff Reports
Case T-566/22 Sports Group Denmark v EUIPO (ENDURANCE)
EU trade mark – International registration designating the European Union – Figurative mark ENDURANCE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Legal certainty – Equal treatment
Case T-606/22 RN v EUIPO
Civil service – Officials – EUIPO staff – Remuneration – Family allowances – Payment of allowances to a third person in the name and on behalf of the official – Decision no longer to pay certain allowances to a third person in the name and on behalf of the official
Case T-458/21 Quantic Dream v EUIPO – Quentia (Q)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Q – Earlier EU figurative mark Q – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-384/22 Productos Ibéricos Calderón y Ramos v EUIPO – Hijos de Rivera (ESTRELLA DE CASTILLA)
EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
Case T-511/22 Olimp Laboratories v EUIPO – Schmitzer (HPU AND YOU)
EU trade mark – Opposition proceedings – Application for EU figurative mark HPU AND YOU – Earlier EU and national figurative marks representing three hexagons – Earlier EU figurative mark OLIMP – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Family of marks – Legitimate expectations – Legal certainty
Case T-773/22 Contorno Textil v EUIPO – Harmont & Blaine (GILBERT TECKEL)
EU trade mark – Opposition proceedings – Application for an EU figurative mark, representing a dachshund in profile, GILBERT TECKEL – Earlier EU figurative mark representing a dachshund in profile – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Equal treatment – Legal certainty
Case T-562/23 R QI v Commission
Interim relief – Civil service – Officials – Processing of personal data – Regulation (EU) 2018/1725 – Decision to revoke IT access and delete data – Application for interim measures – Lack of urgency
November 2023
Case T-167/21 European Gaming and Betting Association v Commission
State aid – State measure extending gambling licences granted by the Netherlands – Decision finding no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of interested parties
Language of the case: English
Case T-790/21 PL v Commission
Civil service – Officials – Reassignment in the interests of the service – Decision with retroactive effect adopted to comply with judgments of the European Union judicature – Article 266 TFEU – Articles 22a and 22c of the Staff Regulations – Irregularity of the pre-litigation procedure – Principle of good administration – Right to be heard – Principle of impartiality – Reasonable time – Duty to have regard for the welfare of officials – Liability – Non-material damage
Language of the case: French
Case T-193/22 OT v Council
Language of the case: French
Joined Cases T-302/20, T-303/20 and T-307/20 Del Valle Ruíz and Others v SRB
Language of the case: Spanish
Case T-304/20 Molina Fernández v SRB
Language of the case: Spanish
Case T-330/20 ACMO and Others v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to the shareholders and creditors affected by the resolution actions – Valuation of difference in treatment – Independence of the valuer
Language of the case: English
Case T-484/22 QN v eu-LISA
Civil service – Temporary staff – Reclassification – 2021 reclassification exercise – Decision not to reclassify – Guiding multiplication rates – General provisions for the implementation of Article 54 of the CEOS – Plea of illegality – Equal treatment – Liability
Language of the case: French
Case T-679/22 Shaman Spirits v EUIPO – Global Drinks Finland (LAPLANDIA Land of purity and Others)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Registration of licences for the figurative marks LAPLANDIA Land of purity and others – Conditions for the registration of a licence – Evidence that a licence was granted by a registered proprietor – Concept of ‘obvious error attributable to EUIPO’ – Second sentence of Article 27(1) of Regulation (EU) 2017/1001 – First sentence of Article 103(1) of Regulation 2017/1001
Language of the case: English
Information (on unpublished decisions)
Case T-299/22 Sattvica v EUIPO – Maradona Villafañe and Others (DIEGO MARADONA)
Case T-39/22 OA v Parliament
Case T-665/22 SkinIdent v EUIPO – Beiersdorf (NIVEA SKIN-IDENTICAL Q10)
Case T-113/23 Papier-Mettler v EUIPO (Shape of a bag)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a bag – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-114/23 Papier-Mettler v EUIPO (Shape of a bag)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a bag – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-21/23 Chart v EUIPO (ABSOLUTEFLOW)
Case T-801/22 3M v EUIPO (Representation of two parallel luminous yellow bands separated by a silver grey band with transparent parallel slanted lines running through the three bands)
Case T-677/22 Portal Golf Gestión v EUIPO – Augusta National (imaster.golf)
Case T-780/22 TUI Holding v EUIPO – inCruises International (INCRUISES)
Case T-35/23 Daimler Truck v EUIPO (YOUR PERFORMANCE PLUS)
EU trade mark – Application for the EU word mark YOUR PERFORMANCE PLUS – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-340/20 Galván Fernández-Guillén v SRB
Case T-32/23 Tradias v EUIPO – Triodos Bank (Tradias)
EU trade mark – Opposition proceedings – Application for EU word mark Tradias – Earlier EU word mark TRIODOS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-326/23 D’Agostino v ECB
Actions for damages – Economic and monetary policy – Statement by the President of the ECB during a press conference – Division of powers between the bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
Case T-661/22 Claro v EUIPO – Claranet Europe (Claro)
EU trade mark – Invalidity proceedings – EU figurative mark Claro – Earlier EU word mark CLARANET – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-12/23 Beauty Boutique v EUIPO – Lightningbolt Europe (Representation of a lightning bolt)
Case T-53/23 TVR Automotive v EUIPO – TVR Italia (TVR)
EU trade mark – Opposition proceedings – Application for the EU figurative mark TVR – Earlier EU figurative mark TVR ITALIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to fair legal process – Legitimate expectations
Case T-107/23 Myforest Foods v EUIPO (MYBACON)
December 2023
Case T-48/22 Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Conformity clearance procedure – Active farmer – Permanent grassland – Control sample – Undue payments – Late submission of application – Financial discipline – Obligation to state reasons – Legitimate expectations – Proportionality
Language of the case: Czech
Case T-297/22 BB Services v EUIPO – Lego Juris (Shape of a toy figure with a protrusion on its head)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of a toy figure with a protrusion on its head – Absolute grounds for invalidity – Sign consisting exclusively of the shape which results from the nature of the goods themselves – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(i) and (ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(i) and (ii) of Regulation (EU) 2017/1001)
Language of the case: German
Case T-103/23 Stan v European Public Prosecutor’s Office
Action for annulment – Article 42(1) and (2) of Regulation (EU) 2017/1939 – Decision of the Permanent Chamber of the European Public Prosecutor’s Office to bring the case to judgment – Procedural act of the European Public Prosecutor’s Office – Lack of jurisdiction
Language of the case: Romanian
Case T-106/17 JPMorgan Chase and Others v Commission
Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor Interbank Benchmark Rates – Exchange of confidential information – Restriction of competition by object – Single and continuous infringement – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Impartiality – Fines – Basic amount – Value of sales – Article 23(2) and (3) of Regulation (EC) No 1/2003 – Obligation to state reasons – Amending decision supplementing the statement of reasons – Equal treatment – Proportionality – Unlimited jurisdiction
Language of the case: English
Case T-113/17 Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor Interbank Benchmark Rates – Exchange of confidential information – Restriction of competition by object – Single and continuous infringement – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Impartiality – Fines – Basic amount – Value of sales – Article 23(2) and (3) of Regulation (EC) No 1/2003 – Obligation to state reasons – Amending decision supplementing the statement of reasons – Equal treatment – Unlimited jurisdiction
Language of the case: French
Case T-53/21 EVH v Commission
Language of the case: German
Case T-166/21 Autorità di sistema portuale del Mar Ligure occidentale and Others v Commission
State aid – Taxation of port authorities in Italy – Exemption from corporate income tax – Decision declaring aid incompatible with the internal market – Existing aid – Concept of ‘undertaking’ – Concept of ‘economic activity’ – Advantage – Selectivity – Distortion of competition – Effect on trade between Member States – Equal treatment
Language of the case: Italian
Case T-216/21 Ryanair and Malta Air v Commission (Air France; COVID-19)
State aid – Aid granted by France to Air France in the context of the COVID-19 pandemic – State guarantee for a bank loan and a subordinated loan by the State – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
Case T-383/21 Banque postale v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: French
Case T-389/21 Landesbank Baden-Württemberg v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Effective judicial protection – Equal treatment – Principle of proportionality – SRB’s discretion – Plea of illegality – Commission’s discretion – Limitation of the temporal effects of the judgment
Language of the case: German
Case T-415/21 Banca Popolare di Bari v Commission
Language of the case: Italian
Case T-494/21 Ryanair and Malta Air v Commission (Air France-KLM and Air France; COVID-19)
State aid – Aid granted by France to Air France and Air France-KLM in the context of the COVID-19 pandemic – Recapitalisation – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
Case T-233/22 Islentyeva v Council
Action for annulment – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on any non-Russian-registered aircraft owned, chartered or otherwise controlled by any Russian natural or legal person, entity or body, from landing in, taking off from, or overflying the territory of the European Union – Article 4e of Decision 2014/512/CFSP – Lack of jurisdiction of the General Court – Article 3d of Regulation (EU) No 833/2014 – Lack of locus standi – Inadmissibility
Language of the case: French
Case T-313/22 Abramovich v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens
Language of the case: French
Information (on unpublished decisions)
Case T-753/22 Nieß v EUIPO – Thema Products (Gartenlux)
EU trademark – Opposition proceedings – Application for the EU word mark Gartenlux – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-754/22 Nieß v EUIPO – Terrasoverkapping-inkoop.nl (GARTENLÜX)
EU trademark – Opposition proceedings – Application for the EU word mark GARTENLÜX – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
Case T-27/23 Feed v EUIPO – The Feed.com (THE FEED)
EU trade mark – Revocation proceedings – EU word mark THE FEED – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
January 2024
Case T-347/21 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Obligation to state reasons – Right to be heard – Principle of legal certainty – Right to effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: German
Case T-405/21 Dexia Crédit Local v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Obligation to state reasons – Equal treatment – Principle of proportionality – SRB’s margin of discretion – Plea of illegality – Legal basis of Regulation (EU) No 806/2014 – Commission’s margin of discretion
Language of the case: French
Case T-409/21 Germany v Commission
State aid – Aid granted by certain provisions of the amended German Law on the cogeneration of heat and electricity – Reform of the arrangements for support for cogeneration – Decision declaring the aid compatible with the internal market – Concept of ‘State aid’ – State resources
Language of the case: German
Case T-602/22 Veritas v Commission
Access to documents – Regulation (EC) No 1049/2001 – Document disclosed in the context of an EU Pilot procedure concerning the repayment of VAT – Document originating from a Member State – Refusal to grant access – Prior agreement of the Member State – Exception relating to the protection of court proceedings – Obligation to state reasons
Language of the case: Italian
Case T-280/23 Lukoil v Parliament and Others
Action for annulment – Time limit for bringing proceedings – Out of time – Manifest inadmissibility
Language of the case: French
Case T-745/20 Symphony Environmental Technologies and Symphony Environmental v Parliament and Others
Non-contractual liability – Environment – Directive (EU) 2019/904 – Prohibition on the placing on the market of products made from oxo-degradable plastic – Sufficiently serious breach of a rule of law intended to confer rights on individuals – No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic – Impact assessment – Equal treatment – Proportionality
Language of the case: English
February 2024
Case T-146/22 Ryanair v Commission (KLM II; COVID-19)
State aid – Aid granted by the Netherlands to KLM in the context of the COVID‑19 pandemic – State guarantee for a bank loan and a subordinated loan by the State – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
Case T-501/22 Austria v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Austria – Reduction coefficient – Article 24(6) of Regulation (EU) No 1307/2013 – Article 30(7)(b) of Regulation No 1307/2013 – Article 52(4)(a) of Regulation (EU) No 1306/2013 – Obligation to state reasons
Language of the case: German
Case T-30/23 Fly Persia and Barmodeh v EUIPO – Dubai Aviation (flyPersia)
EU trade mark – Opposition proceedings – Intervention – Article 173(1) and Article 179 of the Rules of Procedure – Response lodged out of time – Articles 142 to 145 of the Rules of Procedure – Inapplicability – Rejection
Language of the case: English
Joined Cases T-29/14 and T-31/14 Telefónica Gestión Integral de Edificios y Servicios and Banco Santander v Commission
State aid – Aid granted by the Spanish authorities in favour of certain economic interest groupings (EIGs) and their investors – Tax scheme applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) – Decision declaring the aid partly incompatible with the internal market and ordering its partial recovery – Partial disappearance of the subject matter of the dispute – No need to adjudicate in part – New aid – Recovery – Contractual clauses protecting the beneficiaries against the recovery of unlawful State aid incompatible with the internal market – Division of powers between the Commission and the national authorities
Language of the case: Spanish
Case T-466/16 RENV NRW. Bank v SRB
Language of the case: German
Case T-762/20 Sinopec Chongqing SVW Chemical and Others v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Adjustments – Non-refundable VAT – Functions similar to those of an agent acting on a commission basis – Fair comparison of the export price and the normal value – Burden of proof – Article 2(10)(b) and (i) of Regulation 2016/1036 – Non-cooperation – Facts available – Article 18 of Regulation 2016/1036 – Double application – Punitive application – Different production processes – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036
Language of the case: English
Case T-763/20 Inner Mongolia Shuangxin Environment-Friendly Material v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Choice of appropriate representative country – Readily available data – Non-cooperation – Definition of ‘necessary information’ – Article 18 of Regulation 2016/1036 – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036
Language of the case: English
Case T-38/21 Inivos and Inivos v Commission
Public procurement – Negotiated procedure without prior publication of a contract notice – Supply of disinfection robots to European hospitals – Extreme urgency – COVID-19 – Non-participation of the applicants in the tendering procedure – Action for annulment – Lack of individual concern – Contractual nature of the dispute – Inadmissibility – Liability
Language of the case: English
Case T-536/22 PAN Europe v Commission
Language of the case: French
Case T-364/20 Denmark v Commission
Language of the case: Danish
Case T-390/20 Scandlines Danmark and Scandlines Deutschland v Commission
State aid – Public financing of the Fehmarn Belt fixed rail-road link – Aid granted by Denmark to Femern – Decision declaring the aid compatible with the internal market – Individual aid – Important project of common European interest – Necessity of the aid – Proportionality – Weighing the beneficial effects of the aid against its adverse effects on trading conditions and on the maintenance of undistorted competition – Communication on the criteria for the analysis of the compatibility with the internal market of State aid to promote the implementation of important projects of common European interest
Language of the case: English
Cases T-647/21 and T-99/22 Sber v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Second subparagraph of Article 9(1) of Regulation (EU) No 1024/2013 – Application by the ECB of absorption interest pursuant to Austrian law where Article 395 of Regulation (EU) No 575/2013 has been infringed and following a decision imposing an administrative pecuniary penalty under Article 18 of Regulation No 1024/2013 – Proportionality
Language of the case: English
Case T-667/21 BAWAG PSK v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Second subparagraph of Article 9(1) of Regulation (EU) No 1024/2013 – Direct exercise by the ECB of a power of a competent authority under the relevant Union law – Levying absorption interest under Austrian law where Article 395 of Regulation (EU) No 575/2013 has been infringed – Competence of the ECB – Article 65(1) and Article 70 of Directive 2013/36/EU – Proportionality
Language of the case: English
Case T-556/22 House Foods Group v CPVO (SK20)
Plant varieties – Grant of a Community plant variety right for the plant variety SK20 – Inadmissibility of the appeal before the Board of Appeal – No interest in bringing proceedings – Article 81(1) of Regulation (EC) No 2100/94
Language of the case: English
Case T-235/18 DEP Qualcomm v Commission (Qualcomm – paiements d’exclusivité)
Procedure – Taxation of costs
Language of the case: English
March 2024
Case T-115/22 Belshyna v Council
Common foreign and security policy – Restrictive measures taken because of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Freezing of funds – Lists of persons, entities and bodies to whom the freezing of funds and economic resources applies – Registering and maintaining the applicant’s name on the lists – Support for Lukashenko’s regime – Financial support – State-owned business – Repression of civil society – Error of assessment
Language of the case: English
April 2024
Case T-486/18 RENV Danske Slagtermestre v Commission
State aid – Contributions scheme for the collection of waste water – Complaint from a competitor – Decision finding no State aid at the end of the preliminary examination stage – Requirement of impartiality – Objective impartiality – Concept of ‘advantage’ – Market economy operator principle – Ex ante incremental profitability analysis – Commission Notice on the notion of State aid
Language of the case: Danish
Case T-411/22 Dexia v SRB (Contributions ex ante 2022)
Language of the case: French
Case T-654/22 M&T 1997 v EUIPO – VDS Czmyr Kowalik (Door and window handles)
Community design – Invalidity proceedings – Registered Community design representing door and window handles – Earlier design – Ground for invalidity – Individual character – Article 25(1)(b) and Article 6 of Regulation (EC) No 6/2002
Language of the case: English
Case T-112/22 Svenska Bankföreningen and Länsförsäkringar Bank v Commission
State aid – Swedish tax law – Tax on the systemic risk of credit institutions – Decision not to raise any objections – Selective nature – Objective of the measure – Derogation from the reference system
Language of the case: English
Case T-2/23 Romagnoli Fratelli v CPVO (Melrose)
Plant varieties – Grant of a Community plant variety right for the potato variety Melrose – Failure to pay the annual fee on time – Cancellation of right – Application for restitutio in integrum – Conditions for notification of decisions and communications of the CPVO
Language of the case: English
Case T-119/23 Insider v EUIPO – Alaj (in Insajderi)
EU trade mark – Opposition proceedings – Application for EU figurative mark in Insajderi – Earlier national word mark INSAJDERI and earlier national figurative mark in Insajderi Gazetë online – Relative ground for refusal – Article 8(3) of Regulation (EU) 2017/1001 – Extent of the examination to be carried out by the Board of Appeal – Article 27(2) of Delegated Regulation (EU) 2018/625 – Failure to submit evidence – Translation – Article 7 of Delegated Regulation 2018/625 – Right to be heard – Article 41 of the Charter of Fundamental Rights – Article 94(1) of Regulation 2017/1001 – Possibility for the Board of Appeal to accept evidence submitted for the first time before it – Article 27(4) of Delegated Regulation 2018/625 – Article 95(2) of Regulation 2017/1001
Language of the case: English
December 2011
Case T-562/10. HTTS v Council
Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state the reasons on which the decision is based - Procedure by default - Application to intervene - No need to adjudicate.
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 7 December 2011.
ECLI:EU:T:2011:716 |
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Case T-421/07. Deutsche Post v Commission
State aid - Measures taken by the German authorities in favour of Deutsche Post AG - Decision to initiate the procedure laid down in Article 88(2) EC - No prior definitive decision - Inadmissibility.
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 8 December 2011.
ECLI:EU:T:2011:720 (Appeal: Case before the Court of Justice C-77/12 P) |
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Case T-52/09. Nycomed Danmark v EMA
Medicinal products for human use - Authorisation to place a medicinal product on the market - Regulation (EC) No 1901/2006 - Application for a waiver from the obligation to submit a paediatric investigation plan - Rejection by the EMA - Misuse of powers.
Language of the case: English
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Judgment of the General Court (Third Chamber) of 14 December 2011.
ECLI:EU:T:2011:738 |
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Case T-504/09. Völkl v EUIPO – Marker Völkl (VÖLKL)
Community trade mark - Opposition proceedings - Application for Community word mark VÖLKL - Earlier international word mark VÖLKL - Relative ground for refusal - Likelihood of confusion - Refusal in part of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 - Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration - Article 64(1) of Regulation No 207/2009 - Application for variation of the decision of the Board of Appeal - Article 65(3) of Regulation No 207/2009.
Language of the case: German
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Judgment of the General Court (Third Chamber) of 14 December 2011.
ECLI:EU:T:2011:739 |
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Case T‑361/10 P Commission v Pachtitis
Appeal — Civil service — Officials — Recruitment — Notice of competition — Open competition — Non-admission to participation in the written test following the result obtained in the admission tests — Division of powers between EPSO and the competition selection board
Language of the case: Greek
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JUDGMENT OF THE GENERAL COURT (Appeal Chamber) 14 December 2011
ECLI:EU:T:2011:742 |
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Case T-437/08. CDC Hydrogene Peroxide v Commission
Access to documents - Regulation (EC) No 1049/2001 - Statement of contents of the administrative file relating to a cartel proceeding - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Exception relating to protection of the purpose of inspections, investigations and audits.
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 15 December 2011.
ECLI:EU:T:2011:752 |
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Case T-291/04. Enviro Tech Europe and Enviro Tech International v Commission
Environment and consumer protection - Classification, packaging and labelling of n-propyl bromide as a dangerous substance - Directive 2004/73/EC - Directive 67/548/EEC - Regulation (EC) No 1272/2008 - Action for annulment - Late request to adapt claims - Legal interest in bringing proceedings - Lack of individual concern - Inadmissibility - Non-contractual liability - Judgment of the Court of Justice concerning the validity of Directive 2004/73 - Same subject-matter.
Language of the case: English
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Judgment of the General Court (First Chamber) of 16 December 2011.
ECLI:EU:T:2011:760 (Appeal: Case before the Court of Justice C-118/12 P) |
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Case T-423/09. Dashiqiao Sanqiang Refractory Materials v Council
Dumping - Imports of certain magnesia bricks originating in the People's Republic of China - Regulation terminating an interim review - Comparison between the normal value and the export price - Taking into account the value added tax of the country of origin - Application of a different methodology to that used in the initial investigation - Change in circumstances - Articles 2(10)(b) and 11(9) of Regulation (EC) No 384/96 (now Articles 2(10)(b) and 11(9) of Regulation (EC) No 1225/2009 .
Language of the case: French
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Judgment of the General Court (First Chamber) of 16 December 2011.
ECLI:EU:T:2011:764 (Appeal: Case before the Court of Justice C-15/12 P) |
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Information (on unpublished decisions)
Case T-176/11 R. Carbunión v Council
Application for interim measures - State aid - Decision on aid intended to facilitate the closure of uncompetitive coal mines - Application for suspension of operation of a measure - Lack of standing to bring proceedings - Lack of concordance with the main action - Non-severability - Inadmissibility - Balance of interests.
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Order of the President of the General Court of 2 December 2011. ECLI:EU:T:2011:710 |
Case T-152/10. El Corte Inglés v EUIPO – Azzedine Alaïa (ALIA)
Community trade mark - Opposition proceedings - Application for the Community word mark ALIA - Earlier Community figurative mark ALAÏA PARIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
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Judgment of the General Court (First Chamber) of 7 December 2011. ECLI:EU:T:2011:715 |
Case T-39/08. Evropaïki Dynamiki v Commission
Public service contracts - Tendering procedure - Provision of information technology services relating to the hosting, management, enhancement, promotion and maintenance of an internet portal - Rejection of a tender and award of the contract to another tenderer - Selection criteria - Award criteria - Non-contractual liability.
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Judgment of the General Court (Eighth Chamber) of 8 December 2011. ECLI:EU:T:2011:721 |
Case T-586/10. Aktieselskabet af 21. november 2001 v EUIPO – Parfums Givenchy (only givenchy)
Community trade mark - Opposition proceedings - Application for Community figurative mark ‘only givenchy’ - Earlier Community and national word marks ONLY - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Reputation - Article 8(5) of Regulation No 207/2009.
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Judgment of the General Court (Eighth Chamber) of 8 December 2011. ECLI:EU:T:2011:722 |
Case T-402/11 R. Preparados Alimenticios del Sur v Commission
Application for interim measures - Claim for remission of import duties of some food products - Decision to refer the documents in the case to the national authorities - Applications for interim measures - Inadmissibility - No urgency.
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Order of the President of the General Court of 12 December 2011. ECLI:EU:T:2011:728 |
Case T-579/11 R. Akhras v Council
Interim relief - Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Application for suspension of operation of measures and for interim measures - No urgency - No serious and irreparable damage.
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Order of the President of the General Court of 12 December 2011. ECLI:EU:T:2011:729 (Appeal: Case before the Court of Justice C-110/12 P(R)) |
Case T-377/07 Evropaïki Dynamiki v Commission
Public service contracts – Tendering procedure – Supply of IT services relating to content interoperability technologies for European eGovernment services – Rejection of a tender – Manifest error of assessment – Duty to state reasons – Misuse of powers – Non-contractual liability
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Judgment of the General Court (Second Chamber) of 13 December 2011 ECLI:EU:T:2011:731 |
Case T-244/08. Konsum Nord v Commission
State aid - Land sale price - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Determination of market price.
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Judgment of the General Court (Second Chamber) of 13 December 2011. ECLI:EU:T:2011:732 |
Case T-61/09. Meica v EUIPO – Bösinger Fleischwaren (Schinken King)
Community trade mark - Opposition proceedings - Application for Community word mark Schinken King - Earlier national word mark King - Earlier national and Community word marks Curry King - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009).
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Judgment of the General Court (Second Chamber) of 13 December 2011. ECLI:EU:T:2011:733 |
Case T-424/09. Goodyear Dunlop Tyres UK v EUIPO – Sportfive (QUALIFIER)
Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009.
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Judgment of the General Court (Second Chamber) of 13 December 2011. ECLI:EU:T:2011:735 |
Case T-106/10. Spain v Commission
EAGGF - Guidance Section - Reduction of financial aid - Community initiative programme Leader+ - Article 4 of Regulation (EC) No 438/2001 - Proportionality.
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Judgment of the General Court (Third Chamber) of 14 December 2011. ECLI:EU:T:2011:740 |
Case T-237/10. Louis Vuitton Malletier v EUIPO – Friis Group International (Représentation d’un dispositif de verrouillage)
Community trade mark - Invalidity proceedings - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009.
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Judgment of the General Court (Third Chamber) of 14 December 2011. ECLI:EU:T:2011:741 (Appeal: Case before the Court of Justice C-97/12 P) |
Case T-425/10. Häfele v EUIPO (Mixfront)
Community trade mark - Application for Community word mark Mixfront - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
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Judgment of the General Court (Fifth Chamber) of 14 December 2011. ECLI:EU:T:2011:743 |
Case T-166/11. Häfele v EUIPO (Infront)
Community trade mark - Application for Community word mark Infront - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009.
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Judgment of the General Court (Fifth Chamber) of 14 December 2011. ECLI:EU:T:2011:748 |
Case T-552/11 R. Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Action for annulment - Contract concerning financial assistance of the European Union for a project in the field of medical collaboration - Debit note - Contractual nature of the dispute - Measure not reviewable - Inadmissibility - Counterclaim for payment.
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Order of the President of the General Court of 14 December 2011. ECLI:EU:T:2011:749 |
Case T-232/08. Luxembourg v Commission
EAGGF - Guarantee Section - Expenses excluded from Community financing - Rural development measures - 'Less favoured areas' and 'agroenvironment' - National systems for management, monitoring and sanctions - Flat-rate financial correction.
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Judgment of the General Court (Fourth Chamber) of 15 December 2011. ECLI:EU:T:2011:751 |
Case T-377/09. Mövenpick v EUIPO (PASSIONATELY SWISS)
Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character.
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Judgment of the General Court (Fourth Chamber) of 15 December 2011. ECLI:EU:T:2011:753 |
Case T-513/11 R. Consortium v Commission
Application for interim measures - Main action clearly inadmissible - No need to adjudicate.
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Order of the President of the General Court of 15 December 2011. ECLI:EU:T:2011:758 |
Case T-62/09. Rintisch v EUIPO – Bariatrix Europe (PROTI SNACK)
Community trade mark - Opposition proceedings - Application for Community word mark PROTI SNACK - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
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Judgment of the General Court (Seventh Chamber) of 16 December 2011. ECLI:EU:T:2011:761 (Appeal: Case before the Court of Justice C-120/12 P) |
Case T-109/09. Rintisch v EUIPO – Valfleuri Pâtes alimentaires (PROTIVITAL)
Community trade mark - Opposition proceedings - Application for Community word mark PROTIVITAL - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
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Judgment of the General Court (Seventh Chamber) of 16 December 2011. ECLI:EU:T:2011:762 (Appeal: Case before the Court of Justice C-121/12 P) |
Case T-152/09. Rintisch v EUIPO – Valfleuri Pâtes alimentaires (PROTIACTIVE)
Community trade mark - Opposition proceedings - Application for Community word mark PROTIACTIVE - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95.
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Judgment of the General Court (Seventh Chamber) of 16 December 2011. ECLI:EU:T:2011:763 (Appeal: Case before the Court of Justice C-122/12 P) |
Case T-202/10. Stichting Woonlinie and Others v Commission
State aid - Scheme of aid granted by the Netherlands to housing corporations - Existing aid - Decision accepting Member State’s commitments - Action for annulment - Not individually concerned - Inadmissibility
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Order of the General Court (Seventh Chamber) of 16 December 2011. ECLI:EU:T:2011:765 (Appeal: Case before the Court of Justice C-133/12 P) |
Case T-203/10 Stichting Woonpunt and Others v Commission
State aid – Scheme of aid granted by the Netherlands to housing corporations – Existing aid – Decision accepting Member State’s commitments – Decision declaring new aid compatible – Action for annulment – Not individually concerned – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Seventh Chamber) of 16 December 2011 ECLI:EU:T:2011:766 (Appeal: Case before the Court of Justice C-132/12 P) |
Case T-488/10. France v Commission
ERDF - Reduction of financial contribution - Community structural assistance in Martinique - Action for annulment - Public contracts - Directive 93/37/EEC - Concept of ‘direct subsidy’ - Concept of sports, recreation and leisure facilities - Duty to state reasons - Principle of proportionality.
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Judgment of the General Court (Seventh Chamber) of 16 December 2011. ECLI:EU:T:2011:767 (Appeal: Case before the Court of Justice C-115/12 P) |
Case T-593/11 R Al-Chihabi v Council
Interim relief – Common foreign and security policy – Restrictive measures against Syria – Freezing of funds and economic resources – Application for interim measures – No urgency – No serious and irreparable damage
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Order of the President of the General Court of 22 December 2011 ECLI:EU:T:2011:770 |
January 2012
Case T-304/09 Tilda Riceland Private v OHIM – Siam Grains (BASmALI)
Community trade mark – Opposition proceedings – Application for Community figurative mark BASmALI – Earlier non-registered trade mark and earlier sign BASMATI – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Language of the case: English
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Judgment of the General Court (Second Chamber), 18 January 2012
ECLI:EU:T:2012:13 |
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Case T-103/11 Shang v OHIM (justing)
Community trade mark – Application for the Community figurative mark ‘justing’ – Earlier national figurative mark JUSTING – Seniority of the earlier national mark claimed – Signs not identical – Article 34 of Regulation (EC) No 207/2009
Language of the case: Italian
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Judgment of the General Court (Fifth Chamber), 19 January 2012
ECLI:EU:T:2012:19 |
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Case T-289/11 Deutsche Bahn and Others v Commission
Language of the case : German
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Order of the General Court (Fourth Chamber) of
January 19, 2012
ECLI:EU:T:2012:20 |
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Information (on unpublished decisions)
Case T-407/09 Neubrandenburger Wohnungsgesellschaft v Commission
Action for annulment – State aid – Contracts for the sale of apartments as part of the privatisation of publicly-owned apartments in Neubrandenburg – Complaint – Act not subject to review – Inadmissibility – Action for failure to act
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Order of the General Court (Fifth Chamber) of 9 January 2012 ECLI:EU:T:2012:1 (Appeal: Case before the Court of Justice C-145/12 P) |
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Case T-58/10 Phoenix-Reisen and DRV v Commission
Action for annulment – State aid – German system of allowances paid to employees of insolvent undertakings and the financing thereof – Decision finding no State aid – Inadmissibility
Case T-301/11 Ben Ali v Council
Common foreign and security policy – Restrictive measures taken in the light of the situation in Tunisia – Action for annulment – Time-limit for bringing proceedings – Out of time – No force majeure – No excusable error – Application for alteration of the contested measure – Claim for compensation – Manifest inadmissibility
Case T-462/09 Storck v OHIM – RAI (Ragolizia)
Community trade mark – Opposition proceedings – Application for Community word mark Ragolizia – Earlier Community word mark FAVOLIZIA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-135/07 Italy v Commission
Health policy – Avian influenza – Italian market in poultrymeat – Request of the Italian authorities to adopt exceptional measures to support the market – Commission decision rejecting that request
Case T-249/10 Kitzinger v OHIM – MDR and ZDF (KICO)
Community trade mark – Opposition proceedings – Application for the Community figurative mark KICO – Earlier national figurative mark and Community word mark KIKA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-513/10 Hamberger Industriewerke v OHIM (Atrium)
Community trade mark – Application for the Community word mark Atrium – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-522/10 Hell Energy Magyarország v OHIM – Hansa Mineralbrunnen (HELL)
Community trade mark – Opposition proceedings – Application for the Community figurative mark HELL – Earlier Community word mark HELLA – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-422/07 Djebel - SGPS v Commission
State aid – Aid scheme designed to promote modern and competitive entrepreneurial strategies – Planned aid for a commercial company in the form of a soft loan in order to help finance an investment by that company in Brazil – Decision declaring aid to be incompatible with the common market – Duty to state reasons – Impairment of competition – Effect on trade between Member States – Equal treatment
Case T-71/10 Xeda International and Pace International v Commission
Plant protection products – Active substance diphenylamine – Non-inclusion in Annex I to Directive 91/414/EEC – Withdrawal of authorisations of plant protection products containing that substance – Action for annulment – Locus standi – Admissibility – Proportionality – Article 6(1) of Directive 91/414 – Rights of the defence – Article 3(2) of Regulation (EC) No 1095/2007
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Judgment of the General Court (Fifth Chamber) of 19 January 2012 ECLI:EU:T:2012:18 (Appeal: Case before the Court of Justice C-149/12 P) |
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Case T-315/10 Groupe Partouche v Commission
Action for annulment – Concentrations – Decision declaring the concentration compatible with the common market – Article 44(1)(c) of the Rules of Procedure of the General Court – Inadmissibility
Case T-607/11 R Henkel and Henkel France v Commission
Application for interim measures – Competition – Commission decision refusing to transmit documents to a national competition authority – Application for interim measures – No interest in bringing proceedings – Disregard of formal requirements – Measures requested not provisional in character – Inadmissibility
Case T-260/08 Indo Internacional v OHIM – Visual (VISUAL MAP)
Community trade mark – Opposition proceedings – Application for Community word mark VISUAL MAP – Earlier national word mark VISUAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-593/10 El Corte Inglés v OHIM – Ruan (B)
Community trade mark – Opposition proceedings – Application for Community figurative mark containing the letter ‘B’ – Earlier Community figurative mark containing the letter ‘B’ – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-332/10 Viaguara v OHIM – Pfizer (VIAGUARA)
Community trade mark – Opposition proceedings – Application for Community word mark ‘VIAGUARA’ – Earlier Community word mark VIAGRA – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation (EC) No 207/2009
Case T-637/11 R Euris Consult v Parliament
Application for interim measures – Public services contract – Tendering procedure – Services of translation into Maltese – Rejection of a tender – Arrangements for communication – Application for suspension of operation of a measure – Loss of opportunity – No serious and irreparable damage – No urgency
Case T-90/09 Mojo Concerts and Amsterdam Music Dome Exploitatie v Commission
State aid – Action for annulment – Investment of the Gemeente Rotterdam in the Ahoy’ complex – Decision finding that there was no State aid – Applicants not individually concerned – Inadmissibility
Case T-206/08 Spain v Commission
EAGGF – ‘Guarantee’ section – Expenditure excluded from Community financing – Wine sector – Prohibition on new vine plantations – National monitoring systems – Lump-sum financial correction – Procedural guarantees – Error of assessment – Proportionality
Case T-378/09 Spar v OHIM – Spa Group Europe (SPA GROUP)
Community trade mark – Opposition procedure – Application for Community word mark SPA GROUP – Earlier national figurative marks SPAR – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation No 207/2009
Case T-205/10 Cervecería Modelo v OHIM – Plataforma Continental (LA VICTORIA DE MEXICO)
Community trade mark – Opposition procedure – Application for Community word mark LA VICTORIA DE MEXICO – Earlier Community figurative mark containing the word element ‘victoria’ and earlier national word mark VICTORIA – Registration refused in part – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
February 2012
Case T-237/09 Région wallonne v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — National emission allowance allocation plan for Belgium in respect of the period from 2008 to 2012 — Article 44 of Regulation (EC) No 2216/2004 — Subsequent correction — New entrant — Decision instructing the Central Administrator of the Community independent transaction log to enter a correction into the national allocation plan table
Language of the case: French
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Judgment of the General Court (First Chamber), 1 February 2012
ECLI:EU:T:2012:38 |
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Case T-291/09 Carrols v OHIM – Gambettola (Pollo Tropical CHICKEN ON THE GRILL)
Community trade mark — Invalidity proceedings — Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL — Absolute grounds for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 1 February 2012
ECLI:EU:T:2012:39 (Appeal: Case before the Court of Justice C-171/12 P) |
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Case T‑424/10 Dosenbach-Ochsner v OHIM – Sisma (Représentation d'éléphants dans un rectangle)
Community trade mark — Invalidity proceedings — Community figurative mark representing elephants in a rectangle — Earlier international and national figurative marks representing an elephant and earlier national word mark elefanten — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character of the earlier marks
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber), 7 February 2012
ECLI:EU:T:2012:58 |
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Case T‑59/09 Germany v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure which has been closed — Documents originating from a Member State — Grant of access — Prior agreement of the Member State
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 14 February 2012
ECLI:EU:T:2012:75 |
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Joined Cases T‑115/09 and T‑116/09 Electrolux and Whirlpool Europe v Commission
State aid – Restructuring aid for a manufacturer of large home appliances notified by the French Republic — Decision declaring the aid compatible with the common market subject to conditions — Manifest errors of assessment — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 14 February 2012
ECLI:EU:T:2012:76 |
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Case T—33/11 Peeters Landbouwmachines v OHIM – Fors MW (BIGAB)
Community trade mark — Invalidity proceedings — Community word mark BIGAB — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 14 February 2012
ECLI:EU:T:2012:77 |
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Joined Cases T‑268/08 and T‑281/08 Land Burgenland and Austria v Commission
State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price
Language of the case: German
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Judgment of the General Court (Sixth Chamber), 28 February 2012
ECLI:EU:T:2012:90 (Appeal: Case before the Court of Justice C-214/12 P) (Appeal: Case before the Court of Justice C-223/12 P) |
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Case T-153/10 Schneider España de Informática v Commission
Customs union — Importation of colour television sets assembled in Turkey — Post-clearance recovery of import duties — Application for waiver of post‑clearance entry in the accounts of import duties and for remission of those duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Commission decision rejecting that application — Annulment by the national court of decisions taken by national authorities ordering post-clearance entry of import duties in the accounts — No need to adjudicate
Language of the case: English
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Order of the General Court (First Chamber), 28 February 2012
ECLI:EU:T:2012:94 |
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Information (on unpublished decisions)
Case T‑353/09 mtronix v OHIM – Growth Finance (mtronix)
Community trade mark — Opposition proceedings — Application for Community word mark mtronix — Earlier Community word mark Montronix — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑76/08 EI du Pont de Nemours and Others v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market‑sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation
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Judgment of the General Court (Seventh Chamber) of 2 February 2012 ECLI:EU:T:2012:46 (Appeal: Case before the Court of Justice C-172/12 P) |
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Case T‑77/08 Dow Chemical v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation
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Judgment of the General Court (Seventh Chamber) of 2 February 2012 ECLI:EU:T:2012:47 (Appeal: Case before the Court of Justice C-179/12 P) |
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Case T‑83/08 Denki Kagaku Kogyo and Denka Chemicals v Commission
Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Proof of participation in the cartel − Proof of distancing from the cartel − Duration of the infringement — Rights of the defence — Access to the file − Guidelines on the method of setting fines − Non-retroactivity — Legitimate expectations — Principle of proportionality — Mitigating circumstances
Case T‑321/09 skytron energy v OHIM (arraybox)
Community trade mark — Application for Community word mark arraybox — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑469/09 Greece v Commission
EAGGF — Guarantee Section — Expenses excluded from Community financing — Tomato processing and rice storage sectors — Integrated administration and control system for certain Community aid schemes — Principle of proportionality
Case T‑387/10 Goutier v OHIM – Euro Data (ARANTAX)
Community trade mark — Opposition proceedings — Application for Community word mark ARANTAX — Earlier national word mark ANTAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T‑596/10 Almunia Textil v OHIM – FIBA-Europe (EuroBasket)
Community trade mark — Opposition proceedings — Application for Community word mark EuroBasket — Earlier Community figurative mark Basket — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑359/10 Ecologistas en Acción v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the development plan for the Cabanyal quarter in Valencia (Spain) — Documents originating from a Member State — Refusal of access — Exception relating to protection of the purpose of inspections, investigations and audits — Exception relating to the protection of court proceedings and legal advice — Environmental information — Regulation (EC) No 1367/2006 — Action clearly without legal foundation
Case T‑305/10 Hartmann-Lamboy v OHIM – Diptyque (DYNIQUE)
Community trade mark — Opposition proceedings — Application for Community word mark DYNIQUE — Earlier Community word mark DIPTYQUE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑64/11 Run2Day Franchise v OHIM – Runners Point (Run²)
Community trade mark — Opposition proceedings — Application for Community figurative mark Run2 — Earlier Community word and figurative marks RUN2DAY — Earlier Benelux figurative mark RUN2DATE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-32/11 Verenigde Douaneagenten v Commission
Customs union — Imports of raw cane sugar from the Netherlands Antilles — Post‑clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Infringement of essential procedural requirements
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Judgment of the General Court (Seventh Chamber) of 10 February 2012 ECLI:EU:T:2012:63 (Appeal: Case before the Court of Justice C-173/12 P) |
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Joined Cases T‑80/06 and T‑182/09 Budapesti Erőmű v Commission
State aid — Wholesale electricity market — Favourable terms granted by a Hungarian public undertaking to certain power generators under power purchase agreements — Decision to initiate the procedure laid down in Article 88(2) EC — Decision declaring the aid incompatible with the common market and ordering its recovery — New aid — Private investor test
Case T‑601/11 R Dansk Automat Brancheforening v Commission
Interim measures — State aid — Danish law instituting lower duties for providers of online gaming — Decision declaring the aid compatible with the internal market — Application for suspension of operation — Lack of urgency — Weighing up of interests
Case T‑267/06 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from Community financing — Financial corrections — Fruit and vegetables — Public storage of beef and veal
Case T‑319/08 Grasso v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑329/08 AJD Tuna v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑330/08 Ligny Pesca di Guaiana Francesco and Others v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑366/08 Federcoopesca and Others v Commission
Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible
Case T‑656/11 R Morison Menon Chartered Accountants and Others v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds and economic resources — Application for suspension of operation — No urgency
Case T‑572/11 R Hassan v Council
Interim measures — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up of interests
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Order of the President of the General Court of 17 February 2012 ECLI:EU:T:2012:83 (Appeal: Case before the Court of Justice C-168/12 P(R)) |
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Case T-‑218/11 R Dagher v Council
Interim measures — Common foreign and security policy — Restrictive measures adopted having regard to the situation in Côte d’Ivoire — Withdrawal from the list of persons concerned — Application for interim measures — No need to adjudicate
Case T‑282/08 Grazer Wechselseitige Versicherung v Commission
State aid — Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland — Decision declaring the aid to be incompatible with the common market and ordering its recovery — Private investor in a market economy test — Application where the State acts as vendor — Determination of the market price
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Judgment of the General Court (Sixth Chamber) of 28 February 2012 ECLI:EU:T:2012:91 (Appeal: Case before the Court of Justice C-215/12 P) |
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Joined Cases T‑77/10 and T‑78/10 Certmedica International v OHIM – Lehning entreprise (L112) and Lehning entreprise v OHIM – Certmedica International (L112)
Community trade mark — Invalidity proceedings — Community word mark L112 — Earlier French word mark L.114 — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009 — Declaration of partial invalidity
Case T‑525/10 Azienda Agricola Colsaliz di Faganello Antonio v OHIM – Weinkellerei Lenz Moser (SERVO SUO)
Community trade mark — Opposition proceedings — Application for Community word mark SERVO SUO — Earlier Community word mark SERVUS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
March 2012
Cases T-29/10 and T-33/10 Netherlands and ING Groep v Commission
State aid — Financial sector — Aid designed to remedy a serious disturbance in the economy of a Member State — Capital injection with repayment or share conversion options conferred on the aid recipient — Amendment to the repayment terms during the administrative procedure — Decision declaring the aid compatible with the common market — Concept of State aid — Advantage — Private investor test — Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid
Languages of the case: Dutch and English
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Judgment of the General Court (First Chamber), 2 March 2012
ECLI:EU:T:2012:98 (Appeal: Case before the Court of Justice C-224/12 P) |
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Case T‑230/10 Spain v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruit and vegetables — Obligation to justify expenditure — Conditions for recognition of producer organisations
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 6 March 2012
ECLI:EU:T:2012:105 |
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Case T-210/02 RENV British Aggregates v Commission
State aid — Environmental tax on aggregates in the United Kingdom — Commission decision not to raise objections — Advantage — Selective nature
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition), 7 March 2012
ECLI:EU:T:2012:110 |
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Case T‑221/10 Iberdrola v Commission
Action for annulment — State aid — Aid scheme allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber, Extended Composition), 8 March 2012
ECLI:EU:T:2012:112 |
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Case T‑32/10 Ella Valley Vineyards v OHIM – HFP (ELLA VALLEY VINEYARDS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ELLA VALLEY VINEYARDS — Earlier national and Community trade marks ELLE — Relative ground for refusal — Likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: French
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Judgment of the General Court (First Chamber), 9 March 2012
ECLI:EU:T:2012:118 |
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Case T-273/09 Associazione "Giùlemanidallajuve" v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Rejection of a complaint — Legitimate interest — Community interest — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: French
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Order of the General Court (Fourth Chamber) of
19 March 2012
ECLI:EU:T:2012:129 |
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Joined Cases T-50/06 RENV, T-56/06 RENV, T-60/06 RENV, T‑62/06 RENV and T-69/06 RENV Ireland and Others v Commission
State aid — Directive 92/81/EEC — Excise duty on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Whether the exemption complies with a Council decision of authorisation under Article 8(4) of Directive 92/81 — Presumption of legality attaching to European Union measures — Legal certainty — Sound administration
Languages of the case: English, French and Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition), 21 March 2012
ECLI:EU:T:2012:134 (Appeal: Case before the Court of Justice C-272/12 P) |
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Case T-227/09 Feng Shen Technology v OHIM – Majtczak (FS)
Community trade mark — Invalidity proceedings — Community figurative mark FS — Applicant acting in bad faith — Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 21 March 2012
ECLI:EU:T:2012:138 (Appeal: Case before the Court of Justice C-266/12 P) |
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Joined Cases T‑439/10 and T‑440/10 Fulmen and Mahmoudian v Council
Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Burden and standard of proof
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 21 March 2012
ECLI:EU:T:2012:142 (Appeal: Case before the Court of Justice C-280/12 P) |
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Case T-174/11 Modelo Continente Hipermercados v Commission
Action for annulment — State aid — Aid scheme permitting the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering recovery of the aid — Absence of individual concern — Inadmissibility
Language of the case: Spanish
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Order of the General Court (Eighth Chamber) of
21 March 2012
ECLI:EU:T:2012:143 |
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Joined Cases T‑458/09 and T‑171/10 Slovak Telekom v Commission
Competition — Administrative procedure — Decision requesting information — Necessity for the information sought — Principle of sound administration — Duty to state reasons — Proportionality
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 22 March 2012
ECLI:EU:T:2012:145 |
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Case T-214/08 Rehbein v OHIM – Dias Martinho and Dias Martinho (OUTBURST)
Community trade mark — Opposition proceedings — Application for registration of the Community figurative mark OUTBURST — Earlier national word mark OUTBURST — Genuine use of the earlier trade mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Production of evidence for the first time before the Board of Appeal — Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) — Rule 22(2) of Regulation (EC) No 2868/95
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 28 March 2012
ECLI:EU:T:2012:161 |
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Case T-123/09 Ryanair v Commission
State aid — Loan granted to an airline company and capable of being counted as own capital — Decision declaring the aid incompatible with the common market — Sale of assets of an airline company — Decision finding no aid at the conclusion of the preliminary examination phase — Actions for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Jurisdiction — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 28 March 2012
ECLI:EU:T:2012:164 (Appeal: Case before the Court of Justice C-287/12 P) |
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Case T‑262/07 Lithuania v Commission
Agriculture — Common organisation of the markets — Measures to be adopted as a result of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Language of the case: Lithuanian
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Judgment of the General Court (Eighth Chamber), 29 March 2012
ECLI:EU:T:2012:171 |
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Case T-336/07 Telefónica and Telefónica de España v Commission
Competition — Abuse of dominant position — Spanish markets for broadband internet access — Decision finding an infringement of Article 82 EC — Price fixing — Margin squeeze — Market definition — Dominant position — Abuse — Calculation of margin squeeze — Effects of the abuse — Competence of the Commission — Rights of the defence — Subsidiarity — Proportionality — Legal certainty — Sincere cooperation — Principle of sound administration — Fines
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 29 March 2012
ECLI:EU:T:2012:172 (Appeal: Case before the Court of Justice C-295/12 P) |
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Case T-398/07 Spain v Commission
Competition — Abuse of dominant position — Spanish broadband internet access markets — Decision finding an infringement of Article 82 EC — Price-fixing — Margin squeeze — Sincere cooperation — Ultra vires application of Article 82 EC — Legal certainty — Protection of legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 29 March 2012
ECLI:EU:T:2012:173 |
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Case T-236/10 Asociación Española de Banca v Commission
Actions for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Association — Lack of individual concern — Inadmissibility
Language of the case: Spanish
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Order of the General Court (Eighth Chamber) of
29 March 2012
ECLI:EU:T:2012:176 |
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Information (on unpublished decisions)
Case T-53/06 UPM-Kymmene v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Single and continuous infringement — Fines — Gravity of the infringement — Mitigating circumstances — Undertaking playing a passive role — Proportionality
Case T-64/06 FLS Plast v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability — Principle of ne bis in idem
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Judgment of the General Court (Fourth Chamber) of 6 March 2012 ECLI:EU:T:2012:102 (Appeal: Case before the Court of Justice C-243/12 P) |
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Case T-65/06 FLSmidth v Commission
Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Duration of the infringement — Fines — Gravity of the infringement — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability
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Judgment of the General Court (Fourth Chamber) of 6 March 2012 ECLI:EU:T:2012:103 (Appeal: Case before the Court of Justice C-238/12 P) |
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Case T‑453/10 Northern Ireland Department of Agriculture and Rural Development v Commission
Action for annulment — EAGGF, EAGF and EAFRD — Expenditure incurred by the United Kingdom of Great Britain and Northern Ireland — Expenditure excluded from European Union financing — Devolved administration — No direct concern — Inadmissibility
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Order of the General Court (Eighth Chamber) of 6 March 2012 ECLI:EU:T:2012:106 (Appeal: Case before the Court of Justice C-248/12 P) |
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Case T‑565/10 ThyssenKrupp Steel Europe v OHIM (Highprotect)
Community trade mark — Application for Community word mark Highprotect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑298/10 Arrieta D. Gross v OHIM – Toro Araneda and Others (BIODANZA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BIODANZA — Earlier national word mark BIODANZA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Death of the trade mark applicant before adoption of the decision of the Board of Appeal — Admissibility of the response — No genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Proceedings before the Board of Appeal — Rights of defence — Article 75 of Regulation No 207/2009
Case T‑573/10 Octapharma Pharmazeutika v EMA
Medicinal products for human use — Changes to a plasma master file (PMF) — Fees payable to the EMA — Act with adverse effects — Measure merely confirmatory — Manifest inadmissibility
Case T‑192/07 Comité de défense de la viticulture charentaise v Commission
Competition — Decision rejecting a complaint — No Community interest — Scope of the complaint — Competence of the author of the act — Duty to state reasons
Case T-450/08 Coverpla v OHIM – Heinz-Glas (Phial)
Community design — Invalidity proceedings — Registered Community design representing a bottle — Prior design — Ground for invalidity — Disclosure of prior design — Absence of novelty — Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002
Case T-172/10 Colas v OHIM – García-Teresa Gárate and Bouffard Vicente (BASE-SEAL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-417/10 Cortés del Valle López v OHIM (¡Que buenu ye! HIJOPUTA)
Community trade mark — Application for Community figurative mark ¡Que buenu ye! HIJOPUTA — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T-207/11 EyeSense v OHIM – Osypka Medical (ISENSE)
Community trade mark — Opposition proceedings — Application for Community word mark ISENSE — Earlier national word mark EyeSense — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑42/11 Universal v Commission
Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Request that the parent company pay the fine — Bank guarantee lodged in the name of the subsidiary — Date on which the fine becomes due for payment — Action for annulment — Measure not open to challenge — Inadmissibility
Case T-288/08 Cadila Healthcare v OHIM – Novartis (ZYDUS)
Community trade mark — Opposition proceedings — Application for the Community word mark ZYDUS — Earlier Community word mark ZIMBUS — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 15 March 2012 ECLI:EU:T:2012:124 (Appeal: Case before the Court of Justice C-268/12 P) |
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Case T‑379/08 Mustang v OHIM – Decathlon (Wavy line)
Community trade mark — Opposition proceedings — Application for a figurative Community mark representing a wavy line — Earlier national and international figurative trade marks representing a white wavy line on a black background — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑391/08 Ellinika Nafpigeia v Commission
State aid — Shipbuilding — Aid granted by the Greek authorities to a shipyard — Decision declaring the aid incompatible with the common market and ordering its recovery — Misuse of aid
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Judgment of the General Court (Seventh Chamber) of 15 March 2012 ECLI:EU:T:2012:126 (Appeal: Case before the Court of Justice C-246/12 P) |
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Case T-236/09 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — External service provision for development, studies and support of information systems — Rejection of a tenderer’s bids — Duty to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability
Case T-113/06 Marine Harvest Norway and Others v Council
Dumping — Imports of salmon originating in Norway — Definition of the Community industry — Like product — Composition of the sample of Community producers
Case T-115/06 Fiskeri og Havbruksnæringens Landsforening and Others v Council
Dumping — Imports of salmon originating in Norway — Lesser duty rule — Calculation of minimum import prices and fixed duties
Case T-63/09 Volkswagen v OHIM – Suzuki Motor (SWIFT GTi)
Community Trade Mark — Opposition proceedings — Application for Community word mark SWIFT GTi — Earlier international and national marks GTI — Relative grounds for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Assessment of the likelihood of confusion — Rejection of the opposition
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Judgment of the General Court (Second Chamber) of 21 March 2012 ECLI:EU:T:2012:137 (Appeal: Case before the Court of Justice C-260/12 P) |
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Case T-225/10 Banco Bilbao Vizcaya Argentaria v Commission
Action for annulment — State aid — Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid — No individual concern — Inadmissibility
Case T‑228/10 Telefónica v Commission
Action for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility
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Order of the General Court (Eighth Chamber) of 21 March 2012 ECLI:EU:T:2012:140 (Appeal: Case before the Court of Justice C-274/12 P) |
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Case T-234/10 Ebro Foods v Commission
Action for annulment — State aid — Aid scheme allowing the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of the aid — No individual concern — Inadmissibility
Case T-157/10 Barilla v OHIM – Brauerei Schlösser (ALIXIR)
Community trade mark — Opposition proceedings — Application for registration of the Community word mark ALIXIR — Earlier national word mark Elixeer — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑327/09 Connefroy and Others v Commission
Action for annulment — State aid — Lack of individual concern — Inadmissibility
Case T-420/10 Armani v OHIM – Del Prete (AJ AMICI JUNIOR)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AJ AMICI JUNIOR — Earlier national figurative mark AJ ARMANI JEANS — Earlier national word mark ARMANI JUNIOR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 27 March 2012 ECLI:EU:T:2012:156 (Appeal: Case before the Court of Justice C-261/12 P) |
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Case T-261/11 European Goldfields v Commission
Action for annulment — State aid — Subsidy granted by the Greek authorities in favour of the mining company Ellinikos Chrysos consisting of the transfer of the Cassandra mines at a price lower than the real market value and exemption from taxes on that transaction — Decision declaring the aid unlawful and ordering its recovery, with interest — No legal interest in bringing proceedings — Inadmissibility
Case T‑296/08 Berliner Institut für Vergleichende Sozialforschung v Commission
Aid granted under the INTI programme — Determination of the amount to be paid to the beneficiary — Errors of assessment
Case T‑41/09 Hipp v OHIM – Nestlé (Bebio)
Community trade mark — Opposition proceedings — Application for Community word mark Bebio — Earlier Community word mark and international word mark BEBA — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑190/10 Egan and Hackett v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Registers of assistants to former members of the European Parliament — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Protection of individuals with regard to the processing of personal data — Regulation (EC) No 45/2001
Case T-243/07 Poland v Commission
Agriculture — Common organisation of the markets — Measures to be adopted as a result of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Case T-247/07 Slovakia v Commission
Agriculture — Common organisation of the markets — Measures to be adopted on account of the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and financial consequences of their elimination — Objective pursued by a provision of primary law — Decision 2007/361/EC
Case T-248/07 Czech Republic v Commission
Agriculture — Common organisation of the markets — Measures to be adopted due to the accession of new Member States — 2003 Act of Accession — Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination — Objective pursued by a provision of primary legislation — Decision 2007/361/EC
Case T-417/09 Poslovni Sistem Mercator v OHIM – Mercator Multihull (MERCATOR STUDIOS)
Community trade mark — Opposition proceedings — Application for Community word mark MERCATOR STUDIOS — Earlier national and international figurative marks Mercator and Mercator Slovenska košarica — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No injury to reputation — Article 8(5) of Regulation No 207/2009
Case T-111/10 Portugal v Commission
ERDF — Reduction of financial assistance — Operational Programme seeking modernisation of the economic fabric in Portugal — Absence of precise and verifiable binding objectives — Legitimate expectations
Case T-369/10 Handicare and You-Q v OHIM – Apple Corps (BEATLE)
Community trade mark — Opposition proceedings — Application for Community figurative mark BEATLE — Earlier national and Community word and figurative marks BEATLES and THE BEATLES — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation of the earlier marks
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Judgment of the General Court (Eighth Chamber) of 29 March 2012 ECLI:EU:T:2012:177 (Appeal: Case before the Court of Justice C-294/12 P) |
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Case T-547/10 Omya v OHIM – Alpha Calcit (CALCIMATT)
Community trade mark — Opposition proceedings — Application for Community word mark CALCIMATT — Prior Community word mark CALCILAN — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal of registration
Case T-242/11 Kaltenbach & Voigt v OHIM (3D eXam)
Community trade mark — International registration — Request for territorial extension of protection — Figurative mark 3D eXam — Absolute grounds for refusal — Descriptive character and lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
April 2012
Case T‑509/10 Manufacturing Support & Procurement Kala Naft v Council
Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Admissibility — Power of the Council — Misuse of power — Entry into force — Non-retroactivity — Duty to state reasons — Rights of the defence — Right to effective judicial protection — Error of law — Concept of support for nuclear proliferation — Error of assessment
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 25 April 2012
ECLI:EU:T:2012:201 (Appeal: Case before the Court of Justice C-348/12 P) |
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Case T-326/11 Brainlab v OHIM (BrainLAB)
Community trade mark — Community word mark BrainLAB — Failure to apply for renewal of the registration of the trade mark — Removal of the trade mark from the register on expiry of registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber), 25 April 2012
ECLI:EU:T:2012:202 |
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Information (on unpublished decisions)
Case T-341/10 F91 Diddeléng and Others v Commission
Action for annulment — Decision to take no further action on a complaint — Failure to bring an action for failure to fulfil obligations — No challengeable act — Inadmissibility
Case T‑49/09 Evropaïki Dynamiki v Commission
Public service contracts — Community tendering procedure — Provision of services relating to the maintenance and development of the information systems of the Directorate-General for Regional Policy — Rejection of a tender — Action for annulment — Equal treatment — Duty to state reasons — Infringement of essential procedural requirements — Manifest error of assessment — Non‑contractual liability
Case T-162/09 Würth and Fasteners (Shenyang) v Council
Action for annulment — Dumping — No individual concern — Inadmissibility
Case T‑572/11 R II Hassan v Council
Interim relief — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Application for interim relief — Fresh application — Absence of new facts — Inadmissibility
Case T-163/12 R Ternavsky v Council
Application for interim measures — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Application for suspension of operation of a measure — Disregard of the formal requirements — Inadmissibility
Case T-554/08 Evropaïki Dynamiki v Commission
Public service contracts — Call for tenders — Provision of business, technical and project consultancy services for European Union computer applications in the customs, excise and taxation areas — Rejection of a tender — Decision to award the contract to another tenderer — Action for annulment — Inadmissibility — Claim in damages — Selection and award criteria — Duty to state reasons — Manifest error of assessment
Case T-166/10 Samskip Multimodal Container Logistics v Commission
Action for annulment — Decision awarding Community financial assistance to improve the environmental performance of the freight transport system — Marco Polo II programme — Termination of the grant agreement and definitive abandonment of the project — No longer any interest in bringing proceedings — No need to adjudicate
Case T-328/11 Leifheit v OHIM (EcoPerfect)
Community trade mark — Application for Community word mark EcoPerfect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑329/05 Movimondo Onlus v Commission
Arbitration clause — Framework agreement between ECHO and humanitarian organisations — Grant agreements — Suspension of payments
May 2012
Case T‑529/09 In 't Veld v Council
Access to documents — Regulation (EC) No 1049/2001 — Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement — Partial refusal to grant access — Exception relating to the protection of the public interest in the field of international relations — Exception relating to the protection of legal advice — Specific and foreseeable threat to the interest in question — Overriding public interest
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 4 May 2012
ECLI:EU:T:2012:215 (Appeal: Case before the Court of Justice C-350/12 P) |
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Case T‑158/10 Dow Chemical v Council
Dumping — Imports of ethanolamines originating in the United States — Definitive anti-dumping duty — Expiry of anti-dumping measures — Review — Likelihood of a continuation or recurrence of dumping — Article 11(2) of Regulation (EC) No 1225/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 8 May 2012
ECLI:EU:T:2012:218 |
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Case T‑344/08 EnBW Energie Baden-Württemberg v Commission
Access to documents — Regulation (EC) No 1049/2001 — Administrative file relating to cartel proceedings — Refusal of access — Exception relating to protection of the purpose of investigations — Exception concerning the protection of the commercial interests of a third party — Exception concerning the protection of the decision-making process — Obligation of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the request for access
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 22 May 2012
ECLI:EU:T:2012:242 (Appeal: Case before the Court of Justice C-365/12 P) |
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Case T‑300/10 Internationaler Hilfsfonds v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to contract LIEN 97‑2011 — Partial refusal of access — Determination of the subject-matter of the initial application — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to protection of the decision-making process — Principle of sound administration — Concrete and individual examination — Duty to state reasons
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 22 May 2012
ECLI:EU:T:2012:247 |
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Case T‑570/10 Environmental Manufacturing v OHIM – Wolf (Representation of the head of a wolf)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative grounds for refusal — Detriment to the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 22 May 2012
ECLI:EU:T:2012:250 (Appeal: Case before the Court of Justice C-383/12 P) |
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Case T‑111/08 MasterCard and Others v Commission
Competition — Decision by an association of undertakings — Market for the provision of debit, charge and credit card transaction acquiring services — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Multilateral fallback interchange fees — Article 81(1) and (3) EC — Concept of ancillary restriction — No objective necessity — Restriction of competition by effect — Conditions for the grant of an individual exemption — Rights of the defence — Remedy — Periodic penalty payment — Statement of reasons — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber), 24 May 2012
ECLI:EU:T:2012:260 (Appeal: Case before the Court of Justice C-382/12 P) |
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Information (on unpublished decisions)
Case T‑435/11 Universal Display v OHIM (UniversalPHOLED)
Community trade mark — International registration designating the European Community — Application for Community word mark UniversalPHOLED — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑270/10 Conceria Kara v OHIM – Dima (KARRA)
Community trade mark — Opposition proceedings — Application for Community word mark KARRA — Earlier national and Community figurative marks Kara — Company name Conceria Kara Srl and trade name Kara — Relative grounds for refusal — First sentence of Article 75 of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(4) of Regulation (EC) No 207/2009 — Article 8 of the Paris Convention — Bad faith
Case T‑344/10 UPS Europe and United Parcel Service Deutschland v Commission
State aid — No decision to close the procedure under Article 88(2) EC — Action for failure to act — Locus standi — Admissibility
Case T‑244/10 Tsakiris-Mallas v OHIM – Seven (7 Seven Fashion Shoes)
Community trade mark — Opposition proceedings — Application for Community figurative mark 7 Seven Fashion Shoes — Earlier national figurative marks Seven and 7seven — Partial refusal to register — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑331/10 Yoshida Metal Industry v OHIM – Pi-Design and Others (Representation of a triangular surface with black dots)
Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 8 May 2012 ECLI:EU:T:2012:220 (Appeal: Case before the Court of Justice C-338/12 P) (Appeal: Case before the Court of Justice C-337/12 P) |
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Case T‑348/10 Panzeri v OHIM – Royal Trophy (Royal Veste e premia lo sport)
Community trade mark — Opposition proceedings — Application for figurative Community mark Royal Veste e premia lo sport — Earlier Community and international word marks veste lo sport — Earlier unregistered figurative mark panzeri veste lo sport — Relative grounds for refusal — Article 8(1)(b) and (4) of Regulation (EC) No 207/2009
Case T‑416/10 Yoshida Metal Industry v OHIM – Pi-Design and Others (Representation of a surface with black dots)
Community trade mark — Invalidity proceedings — Figurative Community trade mark representing a surface with black dots — Shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 8 May 2012 ECLI:EU:T:2012:222 (Appeal: Case before the Court of Justice C-340/12 P) (Appeal: Case before the Court of Justice C-339/12 P) |
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Case T‑101/11 Mizuno v OHIM – Golfino (G)
Community trade mark — Opposition proceedings — Application for the Community figurative mark G — Earlier Community figurative mark G+ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 8 May 2012 ECLI:EU:T:2012:223 (Appeal: Case before the Court of Justice C-341/12 P) |
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Case T‑134/12 R Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Application for interim measures — Financial assistance — Research and development — Recovery of advance payments made — Application for suspension of operation — Disregard of formal requirements — Inadmissibility
Case T‑325/11 Amador López v OHIM (AUTOCOACHING)
Community trade mark — Application for Community word mark AUTOCOACHING — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑280/11 Ewald v OHIM – Kin Cosmetics (Keen)
Community trade mark — Opposition proceedings — Application for the Community word mark Keen — Community figurative mark KIN — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑580/10 Wohlfahrt v OHIM – Ferrero (Kindertraum)
Community trade mark — Opposition proceedings — Application for Community word mark Kindertraum — Earlier national word mark Kinder — Relative ground for refusal — Proof of use of the earlier trade mark — Article 42(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Fifth Chamber) of 16 May 2012 ECLI:EU:T:2012:240 (Appeal: Case before the Court of Justice C-357/12 P) |
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Case T‑17/09 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Provision of informatics services for an electronic exchange of social security information project (EESSI project) in the field of the coordination of social security for persons mobile in Europe — Rejection of bid submitted by a tenderer — Award of the contract — Duty to state reasons — Transparency — Equal treatment — Manifest error of assessment — No interest in bringing proceedings — Non-contractual liability
Case T‑371/09 Retractable Technologies v OHIM – Abbott Laboratories (RT)
Community trade mark — Opposition Procedure — Application for figurative Community mark RT — Earlier national word mark RTH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑6/10 Sviluppo Globale v Commission
Public service contracts — Call for tenders — Support for the customs and tax authorities in Kosovo — Rejection of a tenderer’s bid — Act not amenable to review — Confirmatory act — Inadmissibility — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the call for tenders — Partial refusal of access — Exception concerning the protection of the commercial interests of a third party — Inadequate statement of reasons
Case T‑273/10 Olive Line International v OHIM – Umbria Olii International (O·LIVE)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark O·LIVE — Earlier Community and Spanish figurative and word marks Olive line — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑345/10 Portugal v Commission
EAGGF — Guidance Section — Reduction of financial assistance — Measures to support investments in agricultural holdings — Effectiveness of controls
Case T‑546/10 Nordmilch v OHIM – Lactimilk (MILRAM)
Community trade mark — Opposition proceedings — Application for Community word mark MILRAM — Earlier national word and figurative marks RAM — Relative ground for refusal — Similarity of goods and signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 22 May 2012 ECLI:EU:T:2012:249 (Appeal: Case before the Court of Justice C-346/12 P) |
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Case T‑585/10 Aitic Penteo v OHIM – Atos Worldline (PENTEO)
Community trade mark — Opposition proceedings — Application for Community word mark PENTEO — Earlier Benelux and international word marks XENTEO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Articles 75 and 76 of Regulation No 207/2009
Case T‑60/11 Kraft Foods Global Brands v OHIM – fenaco (SUISSE PREMIUM)
Community trade mark — Opposition proceedings — Application for Community figurative mark SUISSE PREMIUM — Earlier Community figurative mark Premium — Absolute ground for refusal — No likelihood of confusion — Opposition rejected — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-110/11 Asa v OHIM – Merck (FEMIFERAL)
Community trade mark — Opposition proceedings — Application for Community word mark FEMIFERAL — Earlier national word mark Feminatal and earlier national figurative mark feminatal — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 22 May 2012 ECLI:EU:T:2012:253 (Appeal: Case before the Court of Justice C-354/12 P) |
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Case T‑179/11 Sport Eybl & Sports Experts v OHIM – Seven (SEVEN SUMMITS)
Community trade mark — Opposition proceedings — Application for Community figurative mark SEVEN SUMMITS — Earlier Community figurative mark Seven — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑169/10 Grupo Osborne v OHIM – Industria Licorera Quezalteca (TORO XL)
Community trade mark — Opposition proceedings — Application for Community word mark TORO XL — Early Community figurative mark XL — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 — No likelihood of confusion
Case T‑555/10 JBF RAK v Council
Subsidies — Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates — Definitive countervailing duty and definite collection of provisional duty — Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 — Principle of sound administration
Case T‑152/11 TMS Trademark-Schutzrechtsverwertungsgesellschaft v OHIM – Comercial Jacinto Parera (MAD)
Community trade mark — Revocation proceedings — Community figurative mark MAD — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character — Article 15(1)(a) of Regulation No 207/2009
Case T‑550/11 Assaad v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Syria — List of persons and entities subject to the freeze of funds and economic resources — No legal interest in bringing proceedings
Case T‑233/10 Nike International v OHIM – Intermar Simanto Nahmias (JUMPMAN)
Community trade mark — Opposition proceedings — Application for Community word mark JUMPMAN — Earlier national word mark JUMP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
June 2012
Case T-381/11 Eurofer v Commission
Language of the case: German
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Order of the General Court (Seventh Chamber) of
4 June 2012
ECLI:EU:T:2012:273 |
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Case T‑395/11 Elti v Delegation of the European Union to Montenegro
Actions for annulment — Public supply contracts — Tender procedure — Digitalisation of Montenegrin Public Broadcasting — Decision awarding the contract taken by the Delegation of the European Union to Montenegro — No legal capacity to be a defendant — Inadmissibility
Language of the case: English
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Order of the General Court (Eighth Chamber), 4 June 2012
ECLI:EU:T:2012:274 |
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Case T‑214/06 Imperial Chemical Industries v Commission
Competition — Agreements, decisions and concerted practices — Methacrylates market — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Participation in a part of the cartel — Rights of the defence — Fines — Duty to state reasons — Gravity of the infringement — Deterrent effect — Equal treatment — Proportionality — Principle of sound administration — Cooperation during the administrative procedure — Duration of procedure — Reasonable time
Language of the case: English
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Judgment of the General Court (Third Chamber), 5 June 2012
ECLI:EU:T:2012:275 |
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Case T‑534/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM – Garmo (HELLIM)
Community trade mark — Opposition proceedings — Application for the Community word mark HELLIM — Earlier Community collective word mark HALLOUMI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Article 63(2) of Regulation No 207/2009
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 13 June 2012
ECLI:EU:T:2012:292 (Appeal: Case before the Court of Justice C-393/12 P) |
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Case T‑338/08 Stichting Natuur en Milieu and Pesticide Action Network Europe v Commission
Environment — Regulation (EC) No 1367/2006 — Maximum residue levels for pesticides — Request for internal review — Refusal — Measure of individual scope — Validity — Aarhus Convention
Language of the case: Dutch
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Judgment of the General Court (Seventh Chamber), 14 June 2012
ECLI:EU:T:2012:300 (Appeal: Case before the Court of Justice C-404/12 P) (Appeal: Case before the Court of Justice C-405/12 P) |
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Case T-396/09 Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht v Commission
Environment — Regulation (EC) No 1367/2006 — Obligation of the Member States to protect and improve ambient air quality — Temporary exemption granted to a Member State — Request for internal review — Refusal — Measure of individual scope — Validity — Aarhus Convention
Language of the case: Dutch
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Judgment of the General Court (Seventh Chamber), 14 June 2012
ECLI:EU:T:2012:301 (Appeal: Case before the Court of Justice C-401/12 P) (Appeal: Case before the Court of Justice C-402/12 P) (Appeal: Case before the Court of Justice C-403/12 P) |
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Case T‑439/07 Coats Holdings v Commission
Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’ — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Evidence — Single and continuous infringement — Limitation period — Rights of the defence — Fines — Guidelines
Language of the case: English
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Judgment of the General Court (Third Chamber), 27 June 2012
ECLI:EU:T:2012:320 |
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Case T‑167/08 Microsoft v Commission
Competition — Abuse of dominant position — Client PC operating systems — Work group server operating systems — Refusal of the dominant undertaking to supply and authorise the use of interoperability information — Fulfilment of obligations under a decision finding an infringement and imposing behavioural measures — Periodic penalty payment
Language of the case: English
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Judgment of the General Court (Second Chamber), 27 June 2012
ECLI:EU:T:2012:323 |
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Case T‑372/10 Bolloré v Commission
Competition — Agreements, decisions and concerted practices — Market for carbonless paper — Price-fixing — Decision finding an infringement of Article 101 TFEU — Decision adopted following annulment of a first decision — Imputation of the infringement to the parent company in its capacity as direct participant — Principle that offences and penalties must have a proper basis in law — Legal certainty — Principle that penalties must be applied only to the offender — Fair hearing — Equal treatment — Reasonable time — Rights of the defence — Fines — Limitation period — Attenuating circumstances — Cooperation
Language of the case: French
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Judgment of the General Court (Second Chamber), 27 June 2012
ECLI:EU:T:2012:325 (Appeal: Case before the Court of Justice C-414/12 P) |
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Case T‑523/10 Interkobo v OHIM – XXXLutz Marken (my baby)
Community trade mark — Opposition proceedings — Application for Community figurative mark my baby — Earlier national and international word marks MYBABY and earlier national figurative mark mybaby — Relative ground for refusal — Failure to produce evidence in the language of the opposition proceedings — Legitimate expectations — Rules 19(3), 20(1) and 98(1) of Regulation (EC) No 2868/95
Language of the case: German
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Judgment of the General Court (Third Chamber), 27 June 2012
ECLI:EU:T:2012:326 |
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Case T‑133/09 I Marchi Italiani and Basile v OHIM – Osra (B. Antonio Basile 1952)
Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber), 28 June 2012
ECLI:EU:T:2012:327 (Appeal: Case before the Court of Justice C-381/12 P) |
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Case T‑360/09 E.ON Ruhrgas and E.ON v Commission
Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 29 June 2012
ECLI:EU:T:2012:332 |
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Case T‑370/09 GDF Suez v Commission
Competition — Agreements, decisions and concerted practices — German and French markets for natural gas — Decision finding an infringement of Article 81 EC — Market sharing — Duration of the infringement — Fines
Language of the case: French
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Judgment of the General Court (Fifth Chamber), 29 June 2012
ECLI:EU:T:2012:333 |
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Information (on unpublished decisions)
Case T‑440/09 Azienda Agricola Bracesco v Commission
Non‑contractual liability — Agriculture — Bird flu — Exceptional market support measures in the eggs and poultry sector — Non‑inclusion of quails among the poultry types for which compensation is available — Equal treatment and non‑discrimination — No causal link — Action manifestly devoid of any basis in law
Case T‑379/11 Hüttenwerke Krupp Mannesmann and Others v Commission
Action for annulment — Environment — Directive 2003/87/EC — Allocation of free greenhouse gas emission allowances from 2013 — Commission decision determining the product benchmarks to apply for the calculation of the allocation of emission allowances — Article 263, fourth paragraph TFEU — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissible
Joined Cases T‑492/09 and T‑147/10 Meda Pharma v OHIM – Nycomed (ALLERNIL)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ALLERNIL — Application for Community word mark ALLERNIL — Earlier national word mark ALLERGODIL — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Grounds — Article 75 of Regulation No 207/2009
Case T‑206/10 Vesteda Groep v Commission
State aid — Scheme of aid granted by the Netherlands to social housing corporations — Existing aid — Decision accepting the commitments made by the Member State — Action for annulment — Locus standi — Inadmissibility
Case T‑165/11 Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM – Investimust (COLLEGE)
Community trade mark — Invalidity proceedings — Community word mark COLLEGE — Absolute ground for refusal — Absence of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑246/09 Insula v Commission
Arbitration clause — Financing contracts for research and development projects — MEDIS and Dias.Net contracts — Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses — Retention of a sum intended for another co‑contractor — Reimbursement of sums advanced — Partial inadmissibility of the action — Counterclaim by the Commission — Partial removal of need to adjudicate in relation to the counterclaim
Case T‑366/09 Insula v Commission
Arbitration clause — Financing contracts for research and development projects — Ecres, El Hierro, Islands 2010, Opet I, Opet II, Opet Ola, Respire, Sustainable Communities and Virtual Campus contracts — Lack of supporting documents and non‑compliance with the contractual requirements in respect of some of the declared expenses — Reimbursement of sums advanced — Partial inadmissibility of the action — Counterclaim by the Commission
Case T‑110/10 Insula v Commission
Arbitration clause — Financing contract for research and development projects — El Hierro contract — Lack of supporting documents and non-compliance with the contractual requirements in respect of the declared expenses — Reimbursement of sums advanced — Counterclaim by the Commission
Case T‑342/10 Hartmann v OHIM – Mölnlycke Health Care (MESILETTE)
Community trade mark — Opposition proceedings — Application for Community word mark MESILETTE — Earlier national and international word marks MEDINETTE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑519/10 Seikoh Giken v OHIM – Seiko Holdings (SG SEIKOH GIKEN)
Community trade mark — Opposition proceedings — International registration — Application for territorial extension of the protection — Figurative mark SG SEIKOH GIKEN — Earlier Community word mark SEIKO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑535/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM – Garmo (GAZI Hellim)
Community trade mark — Opposition proceedings — Application for Community figurative mark GAZI Hellim — Prior collective Community word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑542/10 XXXLutz Marken v OHIM – Meyer Manufacturing (CIRCON)
Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009
Case T‑277/11 Hotel Reservation Service Robert Ragge v OHIM – Promotora Imperial (iHotel)
Community trade mark — Opposition proceedings — Application for Community word mark iHotel — Earlier Community figurative mark i‑hotel — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑312/11 Süd-Chemie v OHIM – Byk-Cera (CERATIX)
Community trade mark — Opposition proceedings — Application for Community word mark CERATIX — Earlier national word mark CERATOFIX — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑656/11 R II Morison Menon Chartered Accountants and Others v Council
Application for interim measures — No need to adjudicate
Case T‑293/10 Seven Towns v OHIM (Representation of seven squares of different colours)
Community trade mark — Application for Community mark representing seven squares of different colours — Sign of which a Community trade mark may consist — Article 4 of Regulation (EC) No 207/2009
Case T‑546/11 Technion and Technion Research & Development Foundation v Commission
Action for annulment — Sixth framework programme for research, technological development and demonstration activities — Letter confirming the findings of an audit report and informing the applicant of the next steps in the procedure — Acts inseparable from the contract — Inadmissibility
Case T‑159/09 Biofrescos v Commission
Customs union — Frozen shrimps and prawns from Indonesia — Invalid certificates of origin — Post-clearance recovery of import duties — Application for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92
Case T‑203/11 Transports Schiocchet - Excursions v Council and Commission
Non-contractual liability — Coach and bus services between Member States — Regulation (EEC) No 684/92 — Sufficiently serious breach of a rule of law conferring rights on individuals — None — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 18 June 2012 ECLI:EU:T:2012:308 (Appeal: Case before the Court of Justice C-397/12 P) |
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Case T‑557/10 H.Eich v OHIM – Arav (H.EICH)
Community trade mark — Opposition proceedings — Application for Community word mark H.EICH — Earlier national figurative mark H SILVIAN HEACH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 19 June 2012 ECLI:EU:T:2012:309 (Appeal: Case before the Court of Justice C-379/12 P) |
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Case T‑37/11 Hungary v Commission
Action for annulment — Temporary instrument intended to finance actions at the new external borders of the European Union for the purpose of the implementation of the Schengen acquis and border control (Schengen Facility) — Contribution to Hungary in respect of the period from 2004 to 2006 — Recovery of part of the amount paid — Challengeable act — Inadmissibility
Case T‑357/10 Kraft Foods Schweiz v OHIM – Compañía Nacional de Chocolates (CORONA)
Community trade mark — Opposition proceedings — Application for Community figurative mark CORONA — Earlier national word marks KARUNA and KARŪNA — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑276/09 Kavaklidere-Europe v OHIM – Yakult Honsha (Yakut)
Community trade mark — Opposition proceedings — Application for the Community word mark Yakut — Earlier Community figurative mark Yakult — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Cases T‑178/10, T‑263/10 and T‑265/10 Spain v Commission
Operational programmes of the Cohesion Fund and of the ERDF managed by Spain — Request for interim payment — Evidence suggesting significant deficiency in functioning of management and control systems — Measures interrupting the period for payment — Action for annulment — Admissibility — Audit strategy — Legal certainty — Legitimate expectations — Proportionality
Cases T-264/10 and T-266/10 Spain v Commission
Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) — Interim payment application — Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems — Actions for annulment — Admissibility — Article 87(2) of Regulation (EC) No 1083/2006
Case T‑514/10 Fruit of the Loom v OHIM – Blueshore Management (FRUIT)
Community trade mark — Revocation proceedings — Community word mark FRUIT — Non‑use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 21 June 2012 ECLI:EU:T:2012:316 (Appeal: Case before the Court of Justice C-392/12 P) |
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Case T‑531/11 Hamas v Council
Annulment action — Restrictive measures with a view to combating terrorism — Lis pendens
Case T‑445/07 Berning & Söhne v Commission
Competition — Agreements, decisions and concerted practices — Markets in zip fasteners and ‘other fasteners’ and attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information — Proof — Rights of the defence — Single and continuing infringement — Time-bar — Fines — Duration and gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality
Case T‑448/07 YKK and Others v Commission
Competition — Agreements, decisions and concerted practices — Markets for zip fasteners and ‘other fasteners’, and for attaching machines — Decision finding an infringement of Article 81 EC — Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information — Single and continuous infringement — Evidence — Nature and implementation of the infringement — Real impact — Leniency Notice — Fines — Upper limit — Dissuasive effect of the fine — Equal treatment — Proportionality
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Judgment of the General Court (Third Chamber) of 27 June 2012 ECLI:EU:T:2012:322 (Appeal: Case before the Court of Justice C-408/12 P) |
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Case T-344/09 Hearst Communications v OHIM – Vida Estética (COSMOBELLEZA)
Community trade mark — Opposition proceedings — Application for Community word mark COSMOBELLEZA — Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW — Non‑registered marks and trade names COSMO and COSMOPOLITAN — Relative grounds for refusal — No likelihood of confusion — No similarity between the marks — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-134/09 Basile and I Marchi Italiani v OHIM – Osra (B. Antonio Basile 1952)
Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation through acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009
Case T‑314/10 Constellation Brands v OHIM (COOK'S)
Community trade mark — Word mark COOK’S — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
July 2012
Case T-86/08 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruit and vegetables — Rural development — Non-compliance with payment deadlines — Compliance with a judgment of the Court of Justice — Authority of res judicata — Time-limit of 24 months — Principle of proportionality
Language of the case: Greek
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Judgment of the General Court (Eighth Chamber), 5 July 2012
ECLI:EU:T:2012:345 |
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Case T-304/08 Smurfit Kappa Group v Commission
State aid — Corrugated case materials — Aid for the construction of a paper mill — Guidelines on State aid for regional purposes — Decision declaring the aid compatible with the common market — Admissibility — Validity of the authority conferred by a legal person on its lawyers — Adoption of a decision upon conclusion of the preliminary examination phase — Standing to bring proceedings — Procedural rights of interested parties — Serious difficulties justifying the initiation of the formal investigation procedure — Exercise by the Commission of its discretion — Article 87(3)(a) EC — Article 88(2) and (3) EC — Article 4 of Regulation (EC) No 659/1999 — Article 44(5) and (6) of the Rules of Procedure
Language of the case: English
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Judgment of the General Court (First Chamber), 10 July 2012
ECLI:EU:T:2012:351 |
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Case T-279/09 Aiello v OHIM – Cantoni ITC (100% Capri)
Community trade mark — Opposition proceedings — Notification of the opposing party’s pleading before the Board of Appeal — Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 — Rights of the defence
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber), 12 July 2012
ECLI:EU:T:2012:367 |
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Case T-170/11 Rivella International v OHIM – Baskaya di Baskaya Alim (BASKAYA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASKAYA — Earlier international figurative mark Passaia — Proof of genuine use of the earlier mark — Relevant territory — Article 42(2) and (3) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber), 12 July 2012
ECLI:EU:T:2012:374 (Appeal: Case before the Court of Justice C-445/12 P) |
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Information (on unpublished decisions)
Case T-212/09 Denmark v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Setting aside of land
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Judgment of the General Court (Fourth Chamber) of 3 July 2012 ECLI:EU:T:2012:335 (Appeal: Case before the Court of Justice C-417/12 P) |
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Case T-350/09 ICO Satellite v Commission
Actions for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Absence of excusable error — Manifest inadmissibility
Case T-329/11 TME v Commission
Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the applicant — Refusal of the Commission to open a financial adjustment procedure with respect to Romania — Manifest inadmissibility
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Order of the General Court (Third Chamber) of 4 July 2012 ECLI:EU:T:2012:342 (Appeal: Case before the Court of Justice C-418/12 P) |
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Case T-12/12 Laboratoires CTRS v Commission
Medicinal products for human use — Marketing authorisation for the medicinal product Orphacol — Letter informing the applicant of the Commission’s intention to refuse authorisation — Application for a declaration of failure to act — Definition of position by the Commission — Inadmissibility — Application for annulment — Adoption of a new decision — No need to adjudicate
Case T-466/09 Comercial Losan v OHIM – McDonald's International Property (Mc. Baby)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Mc. Baby — Earlier Community figurative mark Mc Kids. always quality. always fun! — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-209/10 Deutscher Ring v OHIM (Deutscher Ring Sachversicherungs-AG)
Community trade mark — Application for Community word mark Deutscher Ring Sachversicherungs-AG — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-60/10 Jackson International v OHIM – Royal Shakespeare (ROYAL SHAKESPEARE)
Community trade mark — Invalidity proceedings — Community word mark ROYAL SHAKESPEARE — Earlier Community word mark RSC ROYAL SHAKESPEARE COMPANY — Relative grounds for invalidity — Mark with a reputation — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of association — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
Case T-382/11 Pigui v Commission
Action for failure to act — Position taken — Application for directions to be issued — Manifest inadmissibility
Case T-520/09 TF1 and Others v Commission
State aid — Public service broadcasting — Aid intended to be granted by the French Republic to France Télévisions — Budgetary grant for 2009 — Decision not to raise objections — Service of general economic interest — Criterion of proportionality — No serious difficulties
Case T-587/10 Interspeed v Commission
Non-contractual liability — External relations — Call for tenders issued by the EAR concerning work at the Preševo (Serbia) border crossing, the financing of the works and other connected measures — No causal link
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Judgment of the General Court (Third Chamber) of 10 July 2012 ECLI:EU:T:2012:355 (Appeal: Case before the Court of Justice C-471/12 P) |
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Case T-135/11 Clorox v OHIM – Industrias Alen (CLORALEX)
Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word marks CLOROX — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 10 July 2012 ECLI:EU:T:2012:356 (Appeal: Case before the Court of Justice C-422/12 P) |
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Case T-559/10 Laboratoire Garnier v OHIM (natural beauty)
Community trade mark — Application for the Community figurative mark natural beauty — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-264/00 Compagnia Generale delle Acque v Commission
Annulment action — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Commission decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action partially inadmissible and partially manifestly devoid of any basis in law
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Order of the General Court (Fourth Chamber) of 12 July 2012 ECLI:EU:T:2012:365 (Appeal: Case before the Court of Justice C-436/12 P) |
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Case T-476/07 Evropaïki Dynamiki v Frontex
Public service contracts — Frontex tendering procedures — Provision of informatics services — Rejection of a tender — Action for annulment — Admissibility — Obligation to state reasons — Award criteria — Manifest error of assessment — Non-contractual liability
Case T-346/09 Winzer Pharma v OHIM – Alcon (BAÑOFTAL)
Community trade mark — Opposition proceedings — Application for Community word mark BAÑOFTAL — Earlier national word marks KAN-OPHTAL and PAN-OPHTAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-470/09 medi v OHIM (medi)
Community trade mark — Application for the Community word mark medi — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation No 207/2009
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Judgment of the General Court (Sixth Chamber) of 12 July 2012 ECLI:EU:T:2012:369 (Appeal: Case before the Court of Justice C-410/12 P) |
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Case T-334/10 Leifheit v OHIM – Vermop Salmon (Twist System)
Community trade mark — Invalidity proceedings — Community word mark Twist System — Earlier Community word marks TWIX and TWIXTER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 12 July 2012 ECLI:EU:T:2012:371 (Appeal: Case before the Court of Justice C-432/12 P) |
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Case T-61/11 Vermop Salmon v OHIM – Leifheit (Clean Twist)
Community trade mark — Invalidity proceedings — Community word mark Clean Twist — Earlier Community word marks TWIX and TWIXSTER — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-227/11 Wall v OHIM – Bluepod Media Worldwide (bluepod MEDIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark bluepod MEDIA — Earlier Community figurative mark blue spot and earlier international and national word marks BlueSpot — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-323/11 Unión de Cervecerías Peruanas Backus y Johnston v OHIM (shape of a bottle)
Community trade marks — Absolute grounds for refusal — Application for a three-dimensional trade mark — Shape of a bottle — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-361/11 Hand Held Products v OHIM – Orange Brand Services (DOLPHIN)
Community trade mark — Opposition proceedings — Application for Community word mark DOLPHIN — Earlier Community word mark DOLPHIN — Opposition refused in part — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-389/11 Guccio Gucci v OHIM – Chang Qing Qing (GUDDY)
Community trade mark — Opposition proceedings — Application for the Community word mark GUDDY — Earlier Community word mark GUCCI — Relative ground for refusal — Likelihood of confusion — Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark — Evidence — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-255/09 Caixa Geral de Depósitos v OHIM – Caixa d'Estalvis i Pensions de Barcelona (la Caixa)
Community trade mark — Opposition proceedings — Application for Community figurative mark la caixa — Earlier Portuguese word mark CAIXA — Earlier national word and figurative marks — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-201/10 IVBN v Commission
Action for annulment — State aid — Scheme of aid granted by the Netherlands to housing corporations — Existing aid — Special project aid to housing corporations — Decision accepting the Member State’s commitments — Decision declaring new aid compatible — No individual concern — Failure to initiate the procedure under Article 108(2) TFEU — Action inadmissible in part and in part manifestly devoid of any basis in law
Case T-240/11 L'Oréal v OHIM – United Global Media Group (MyBeauty TV)
Community trade mark — Opposition proceedings — Costs recoverable before OHIM — Costs of being represented by an employee — Article 85(1) of Regulation (EC) No 207/2009 — Action manifestly devoid of any basis in law
September 2012
Case T‑565/08 Corsica Ferries France v Commission
State aid — Maritime cabotage sector — Service of general economic interest — Private investor in a market economy test — Social policy of the Member States — Restructuring aid — Effects of a judgment annulling a decision
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 11 September 2012
ECLI:EU:T:2012:415 (Appeal: Case before the Court of Justice C-536/12 P) (Appeal: Case before the Court of Justice C-533/12 P) |
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Joined Cases T‑133/08, T-134/08, T-177/08 and T‑242/09 Schräder v CPVO – Hansson (LEMON SYMPHONY and SUMOST 01)
Plant varieties — Decision by the CPVO to adapt, of its own motion, the official description of the variety LEMON SYMPHONY — Application for revocation of the Community plant variety right granted for the variety LEMON SYMPHONY — Application for annulment of the Community plant variety right granted for the variety LEMON SYMPHONY — Application for a Community plant variety right for the variety SUMOST 01 — Summons to attend oral proceedings before the Board of Appeal of the CPVO — Period of notice to attend of at least one month
Language of the case: German
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Judgment of the General Court (Second Chamber), 18 September 2012
ECLI:EU:T:2012:430 (Appeal: Case before the Court of Justice C-546/12 P) |
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Case T‑156/11 Since Hardware (Guangzhou) v Council
Dumping — Imports of ironing boards originating in China — Proceeding initiated against a single company — Market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation (EC) No 1225/2009 — Burden of proof — Determination of injury
Language of the case: French
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Judgment of the General Court (Eighth Chamber), 18 September 2012
ECLI:EU:T:2012:431 |
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Case T‑265/08 Germany v Commission
ERDF — Reduction of financial assistance — Operational programme falling within Objective 1 (1994-1999), concerning the Land Thüringen (Germany)
Language of the case: German
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Judgment of the General Court (Third Chamber), 19 September 2012
ECLI:EU:T:2012:434 (Appeal: Case before the Court of Justice C-549/12 P) |
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Cases T‑168/10 and T‑572/10 Commission v SEMEA and Commune de Millau
Arbitration clause — Grant contract concerning a local development action consisting in the performance of work for the preparation and launching of a European Local Enterprise Centre in Millau (France) — Recovery of part of the sums paid — Admissibility of an action against a French company removed from the commercial and companies register — Application of French law — Administrative contract — Recovery of undue payments — Limitation period — Enforceability of an arbitration clause — Take-over of debt — Ancillary principle — Stipulation for third parties
Language of the case: French
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Judgment of the General Court (Third Chamber), 19 September 2012
ECLI:EU:T:2012:435 (Appeal: Case before the Court of Justice C-531/12 P) |
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Case T‑267/11 Video Research USA v OHIM (VR)
Community trade mark — Community figurative mark VR — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Third Chamber), 19 September 2012
ECLI:EU:T:2012:446 |
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Case T‑52/12 R Greece v Commission
Application for interim measures — State aid — Compensation payments made in 2008 and 2009 by the Greek Agricultural Insurance Organisation (ELGA) — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — Urgency — Weighing up of interests
Language of the case: Greek
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Order of the President of the General Court, 19 September 2012
ECLI:EU:T:2012:447 |
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Case T‑169/08 DEI v Commission
Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC — Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite
Language of the case: Greek
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Judgment of the General Court (Sixth Chamber), 20 September 2012
ECLI:EU:T:2012:448 (Appeal: Case before the Court of Justice C-553/12 P) |
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Case T‑154/10 France v Commission
State aid — Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Decision declaring the aid incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Burden of proving the existence of State aid — Advantage
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 20 September 2012
ECLI:EU:T:2012:452 (Appeal: Case before the Court of Justice C-559/12 P) |
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Case T‑278/10 Wesergold Getränkeindustrie v OHIM – Lidl Stiftung (WESTERN GOLD)
Community trade mark — Opposition proceedings — Application for Community word mark WESTERN GOLD — Earlier national, international and Community word marks WESERGOLD, Wesergold, and WeserGold — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctiveness of the earlier marks
Language of the case: German
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Judgment of the General Court (First Chamber), 21 September 2012
ECLI:EU:T:2012:459 (Appeal: Case before the Court of Justice C-558/12 P) |
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Case T‑343/06 Shell Petroleum and Others v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Joint control — Fines — Aggravating circumstances — Role of instigator and leader — Repeated infringement — Duration of the infringement — Rights of the defence — Unlimited jurisdiction — Conduct of the undertaking during the administrative procedure
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:478 (Appeal: Case before the Court of Justice C-585/12 P) |
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Case T‑347/06 Nynäs Petroleum and Nynas Belgium v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:480 |
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Case T‑357/06 Koninklijke Wegenbouw Stevin v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction on competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Rights of the defence — Fine — Aggravating circumstances — Role of instigator and leader — Absence of cooperation — Commission’s powers of investigation — Right to the assistance of a lawyer — Misuse of powers — Calculation of the amount of the fines — Duration of the infringement — Unlimited jurisdiction
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:488 (Appeal: Case before the Court of Justice C-586/12 P) |
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Case T‑361/06 Ballast Nedam v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Attributability of the unlawful conduct — Rights of the defence — Effects in relation to third parties of a judgment annulling a measure
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:491 (Appeal: Case before the Court of Justice C-612/12 P) |
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Case T‑362/06 Ballast Nedam Infra v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Proof of the infringement — Gravity of the infringement — Attributability of the unlawful conduct — Rights of the defence — Production of new pleas in the course of proceedings — Unlimited jurisdiction
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:492 |
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Case T‑370/06 Kuwait Petroleum and Others v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment — Rights of the defence
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 September 2012.
ECLI:EU:T:2012:493 (Appeal: Case before the Court of Justice C-581/12 P) |
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Case T-82/08 Guardian Industries and Guardian Europe v Commission
Competition — Agreements, decisions and concerted practices — Market for flat glass in the EEA — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — Calculation of the amount of the fines — Exclusion of captive sales — Obligation to state the reasons on which the decision is based — Equal treatment — Mitigating circumstances
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:494 (Appeal: Case before the Court of Justice C-580/12 P) |
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Case T‑139/09 France v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ seeking to support the fruit and vegetable market in France — Decision declaring the aid incompatible with the common market — Concept of State aid — State resources — Co-financing by a public institution and by voluntary contributions from farmers’ organisations — Arguments not raised during the administrative procedure — Duty to state reasons
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:496 |
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Case T‑387/09 Applied Microengineering v Commission
Fifth framework programme for research, technological development and demonstration — Contracts concerning the projects ‘Formation of a New Design House for MST’ and ‘Assessment of a New Anodic Bonder’ — Recovery of part of the financial contribution paid — Enforceable decision — Decision amending the contested decision during the proceedings — Legal basis of the action — Nature of the pleas put forward — Legitimate expectations — Duty to state reasons — Principle of sound administration
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 September 2012
ECLI:EU:T:2012:501 |
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Information (on unpublished decisions)
Case T‑381/08 DAI v Commission
Agriculture — Sugar — Temporary scheme for the restructuring of the sugar industry of the Community — Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 — Decision 2008/445/EC — Retroactive restructuring aid
Case T‑213/12 R Elitaliana v Eulex Kosovo and Starlite Aviation Operations
Interim measures — Public contracts — Tendering procedure — Rejection of a tender — Application for interim measures — Disregard of the procedural requirements — Inadmissibility
Case T‑497/11 Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT)
Community trade mark — Application for Community word mark EURO AUTOMATIC PAIEMENT — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑564/11 Farage v Parliament and Buzek
Law governing the institutions — Decision of the President of the Parliament imposing on a Member of the Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 10 days — Decision of the Committee on Legal Affairs of the Parliament declaring inadmissible the Member’s request for defence of his Parliamentary immunity — Manifest lack of jurisdiction of the General Court — Manifest inadmissibility
Case T‑657/11 Technion and Technion Research & Development Foundation v Commission
Action for annulment — Sixth framework programme for research, technological development and demonstration activities — Letter notifying the applicant of the Commission’s intention to recover the adjusted sums pursuant to a research financing contract — Acts inseparable from the contract — Inadmissibility
Case T‑394/06 Italy v Commission
EAGGF — ‘Guarantee’ section — Clearance of accounts — Expenditure excluded from financing — Irregularities or negligence attributable to administrations or bodies of Member States — Article 8(1) and (2) of Regulation (EEC) No 729/70 and Article 8(1) and (2) of Regulation (EC) No 1258/1999 — Excessive delay in assessment by the Commission of communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Reasonable time limit
Case T‑356/08 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Proportionality — Increase in the correction due to recurrence of the infringement
Case T‑566/10 Ertmer v OHIM – Caterpillar (erkat)
Community trade mark — Invalidity proceedings — Community word mark erkat — Earlier Community and national word and figurative marks CAT — Relative grounds for refusal — Likelihood of confusion — Damage to reputation — Article 8(1)(b) and (5) of Regulation (E) No 207/2009 — Duty to state reasons
Case T‑295/11 Duscholux Ibérica v OHIM – Duschprodukter i Skandinavien (duschy)
Community trade mark — Opposition proceedings — International registration designating the European Community — Application for the Community figurative mark duschy — Earlier Community figurative mark DUSCHO Harmony — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Duty to state reasons — Articles 75 and 76 of Regulation No 207/2009
Case T‑119/09 Protégé International v Commission
Competition — Abuse of dominant position — Market for Irish whiskey — Decision to reject a complaint — Lack of Community interest
Case T‑379/09 Italy v Commission
State aid — Exemption from excise duty on diesel used to heat glasshouses — Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid — Duty to state reasons — Selective nature — Effect on trade between Member States — Effect on competition — Directive 92/81/EEC — Directive 2003/96/EC — Community framework for State aid for the protection of the environment
Case T‑404/10 National Lottery Commission v OHIM – Mediatek Italia and De Gregorio (Representation of a hand)
Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law — Review
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Judgment of the General Court (Seventh Chamber) of 13 September 2012 ECLI:EU:T:2012:423 (Appeal: Case before the Court of Justice C-530/12 P) |
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Case T‑72/11 Sogepi Consulting y Publicidad v OHIM (ESPETEC)
Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009
Case T‑369/11 Diadikasia Symvouloi Epicheiriseon v Commission and Others
Action for damages — Instrument for Pre-Accession Assistance — Third country — National public procurement — Decentralised management — Inadmissibility — Lack of jurisdiction
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Order of the General Court (Fourth Chamber) of 13 September 2012 ECLI:EU:T:2012:425 (Appeal: Case before the Court of Justice C-520/12 P) |
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Case T‑460/11 Scandic Distilleries v OHIM – Bürgerbräu, Röhm & Söhne (BÜRGER)
Community trade mark — Opposition proceedings — Application for Community figurative mark BÜRGER — Earlier Community word mark Bürgerbräu — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑326/10 Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑327/10 Fraas v OHIM (Tartan pattern in black, dark grey, light grey and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, dark grey, light grey and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑328/10 Fraas v OHIM (Tartan pattern in dark grey, light grey, beige and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑329/10 Fraas v OHIM (Tartan pattern in black, grey, beige and dark red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑26/11 Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, beige, brown, dark red and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑31/11 Fraas v OHIM (Tartan pattern in pink, violet, beige and dark grey)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in pink, violet, beige and dark grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑50/11 Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
Case T‑164/11 Reddig v OHIM – Morleys (Knife handle)
Community trade mark — Proceedings for invalidity — Three-dimensional Community trade mark — Knife handle — Absolute ground for refusal — Sign constituted exclusively by the shape of the product necessary for obtaining a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 — Declaration of invalidity by the Board of Appeal
Case T‑220/11 TeamBank v OHIM – Fercredit Servizi Finanziari (f@ir Credit)
Community trade mark — Opposition proceedings — Application for Community figurative mark f@ir Credit — Earlier Community figurative mark FERCREDIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 19 September 2012 ECLI:EU:T:2012:444 (Appeal: Case before the Court of Justice C-524/12 P) |
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Case T‑333/09 Poland v Commission
EAGGF — Modulation — Allocation between the Member States of savings made — Distinction between the old Member States and those which acceded to the European Union in 2004 — Article 9(2) of Regulation (EC) No 73/2009 — Solidarity — Equal treatment — Duty to state reasons
Case T‑421/09 DEI v Commission
Competition — Abuse of dominant position — Greek markets for the supply of lignite and wholesale electricity — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision — Article 86(3) EC — Annulment of the earlier decision
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Judgment of the General Court (Sixth Chamber) of 20 September 2012 ECLI:EU:T:2012:450 (Appeal: Case before the Court of Justice C-554/12 P) |
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Case T‑89/10 Hungary v Commission
Structural funds — Financial assistance — M43 Motorway between Szeged and Makó — VAT — Non-eligible expenditure
Case T‑407/10 Hungary v Commission
Structural funds — Financial assistance — Budapest-Kelenföld-Székesfehérvár-Boba railway line — VAT — Non-eligible expenditure
Case T‑445/10 HerkuPlast Kubern v OHIM – How (eco-pack)
Community trade mark — Opposition proceedings — Application for Community trade mark eco-pack — Earlier national and international word marks ECOPAK — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑84/09 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Provision of information and promotion of agricultural products — Production of olive oil and table olives — Late payment
Case T‑265/09 Serrano Aranda v OHIM – Burg Groep (LE LANCIER)
Community trade mark — Opposition proceedings — Application for Community word mark LE LANCIER — Earlier national word and figurative marks EL LANCERO — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Opposition dismissed
Case T‑301/09 IG Communications v OHIM – Citigroup and Citibank (CITIGATE)
Community trade mark — Opposition proceedings — Application for Community word mark CITIGATE — Earlier national and Community word and figurative marks containing the element ‘citi’ — Relative grounds for refusal — Likelihood of confusion — Family of trade marks — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009
Case T‑269/10 LIS v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑344/06 Total v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑348/06 Total Nederland v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Continuous nature of the infringement — Imputability of the unlawful conduct — Fines — Gravity and duration of the infringement
Case T‑351/06 Dura Vermeer Groep v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct
Case T‑352/06 Dura Vermeer Infra v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence
Case T‑353/06 Vermeer Infrastructuur v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Calculation of the amount of the fines — Gravity and duration of the infringement — Duty to state reasons — Rights of the defence
Case T‑354/06 BAM NBM Wegenbouw and HBG Civiel v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on horizontal cooperation agreements — Rights of the defence — Fines — Duration of the infringement
Case T‑355/06 Koninklijke BAM Groep v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Duration of the infringement
Case T‑356/06 Koninklijke Volker Wessels Stevin v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Imputability of the unlawful conduct
Case T‑359/06 Heijmans Infrastructuur v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Burden of proof — Fines — Gravity of the infringement — Imputability of the unlawful conduct — Duty to state reasons — Rights of the defence
Case T‑360/06 Heijmans v Commission
Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct
Case T‑535/08 Tuzzi fashion v OHIM – El Corte Inglés (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier national word mark and international registration TUZZI — Earlier company name Tuzzi fashion GmbH — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Duty to state reasons — Article 73 and Article 62(2) of Regulation No 40/94 (now Article 75 and Article 64(2) of Regulation No 207/2009) — Examination of the facts by the adjudicatory body of its own motion — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) — Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009
Case T‑243/09 Fedecom v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Concept of State aid — State resources — Joint financing by a public body and by voluntary contributions from producer organisations — Arguments contrary to the facts submitted during the administrative proceedings — Operating aid — Legitimate expectation
Case T‑328/09 Producteurs de légumes de France v Commission
State aid — Fruit and vegetable sector — ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France — Decision declaring the aid to be incompatible with the common market — Legitimate expectation — Material error in the calculation of the amounts to be recovered
Case T‑357/09 Pucci International v OHIM – El Corte Inglés (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Sixth Chamber) of 27 September 2012 ECLI:EU:T:2012:499 (Appeal: Case before the Court of Justice C-584/12 P) |
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Case T‑373/09 El Corte Inglés v OHIM – Pucci International (Emidio Tucci)
Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Sixth Chamber) of 27 September 2012 ECLI:EU:T:2012:500 (Appeal: Case before the Court of Justice C-582/12 P) |
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Case T‑39/10 El Corte Inglés v OHIM – Pucci International (PUCCI)
Community trade mark — Opposition proceedings — Application for the Community word mark PUCCI — Earlier national figurative and word marks Emidio Tucci and E. TUCCI — Application for the earlier Community figurative mark Emidio Tucci — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Sixth Chamber) of 27 September 2012 ECLI:EU:T:2012:502 (Appeal: Case before the Court of Justice C-578/12 P) |
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Case T‑160/10 J v Parliament
Right of petition — Petition addressed to the European Parliament — Decision to take no further action — Action for annulment — Duty to state reasons — Petition not falling within an area of activity of the European Union
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Judgment of the General Court (Sixth Chamber) of 27 September 2012 ECLI:EU:T:2012:503 (Appeal: Case before the Court of Justice C-550/12 P) |
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Case T‑257/10 Italy v Commission
State aid — Undertaking with subsidiaries in certain non-member countries — Reduced rate loans — Decision declaring aid incompatible in part with the internal market and ordering it to be repaid — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Force of res judicata — Duty to state reasons
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Judgment of the General Court (Fifth Chamber) of 27 September 2012 ECLI:EU:T:2012:504 (Appeal: Case before the Court of Justice C-587/12 P) |
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Case T‑303/10 Wam Industriale v Commission
State aid — Undertaking with subsidiaries in certain non-member countries — Reduced rate loans — Decision declaring aid in part incompatible with the common market and ordering it to be repaid — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Execution of a judgment of the General Court — Duty to state reasons — Principle of sound administration — Duty to exercise diligence — Duty of care
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Judgment of the General Court (Fifth Chamber) of 27 September 2012 ECLI:EU:T:2012:505 (Appeal: Case before the Court of Justice C-560/12 P) |
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October 2012
Case T‑465/09 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Application for access to the reports of European Union observers present in Croatia from 1 to 31 August 1995 — Refusal of access — Risk of undermining the protection of international relations — Prior disclosure
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition), 3 October 2012
ECLI:EU:T:2012:515 (Appeal: Case before the Court of Justice C-576/12 P) |
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Case T‑63/10 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Request for access to certain documents exchanged with the International Criminal Tribunal for the Former Yugoslavia in the course of a trial — Refusal of access — Risk of undermining the protection of international relations — Risk of undermining the protection of court proceedings and legal advice
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition), 3 October 2012
ECLI:EU:T:2012:516 |
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Case T‑584/10 Yilmaz v OHIM – Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark TEQUILA MATADOR HECHO EN MEXICO — Earlier national and international word marks MATADOR — Relative ground for refusal — No likelihood of confusion — No similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 3 October 2012
ECLI:EU:T:2012:518 |
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Case T‑53/12 CF Sharp Shipping Agencies v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 26 October 2012
ECLI:EU:T:2012:578 |
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Case T‑63/12 Oil Turbo Compressor v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Duty to state reasons
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 26 October 2012
ECLI:EU:T:2012:579 |
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Information (on unpublished decisions)
Case T‑312/10 ELE.SI.A v Commission
Arbitration clause — Sixth multiannual framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Contract concerning the ‘I Way, Intelligent, co-operative system in cars for road safety’ project — Termination of the contract — Request for repayment of the financial contribution paid — Damages — Action seeking to obtain the full financial contribution requested and to challenge the request for repayment — Counterclaim
Case T‑360/10 Tecnimed v OHIM – Ecobrands (ZAPPER-CLICK)
Community trade mark — Period allowed for bringing proceedings — Out of time — No unforeseeable circumstances — No force majeure — Right of access to a court — Manifest inadmissibility
Case T‑215/10 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from Community financing — Cotton — Aid to the least well-off — Rural development — Effectiveness of supervision — Proportionality
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Judgment of the General Court (Fifth Chamber) of 4 October 2012 ECLI:EU:T:2012:521 (Appeal: Case before the Court of Justice C-552/12 P) |
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Case T‑591/08 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Provision of information technology services — Selection of the tenderer as second contractor in the cascade procedure — Action for annulment — Grounds for exclusion from the tendering procedure — Conflict of interests — Duty to state reasons — Manifest error of assessment — Equal treatment — Non-contractual liability
Case T‑204/10 Lancôme v OHIM – Focus Magazin Verlag (COLOR FOCUS)
Community trade mark — Invalidity proceedings — Community word mark COLOR FOCUS — Earlier Community word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Similarity of the marks — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Abuse of right
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Judgment of the General Court (Eighth Chamber) of 5 October 2012 ECLI:EU:T:2012:523 (Appeal: Case before the Court of Justice C-593/12 P) |
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Case T‑62/12 ClientEarth v Council
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Opinion issued by the legal service of the Council concerning a draft regulation of the Parliament and of the Council related to public access to the documents of the Parliament, of the Council and of the Commission — Confirmation of a refusal to grant full access — Inadmissibility — Period allowed for commencing proceedings — Notion of measure open to challenge for the purposes of Article 263 TFEU — Confirmatory measure
Case T‑426/08 Italy v Commission
EAGGF — Guarantee Section — EAGF — Expenditure excluded from financing — Fruit and vegetables — Sugar — Processing of citrus fruits — Milk — Arable crops — Flat-rate financial correction — Proportionality — Duty to state reasons — No error of assessment
Case T‑366/11 Bial-Portela v OHIM – Isdin (ZEBEXIR)
Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 9 October 2012 ECLI:EU:T:2012:527 (Appeal: Case before the Court of Justice C-597/12 P) |
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Case T‑31/12 Région Poitou-Charentes v Commission
Action for annulment — Structural funds — Measure not subject to review — Measure in part informative and in part preparatory — Inadmissibility
Case T‑150/09 Ningbo Yonghong Fasteners v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Manifest error of assessment — Burden of proof — Adjustment to costs — Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009
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Judgment of the General Court (Seventh Chamber) of 10 October 2012 ECLI:EU:T:2012:529 (Appeal: Case before the Court of Justice C-601/12 P) |
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Case T‑158/09 Greece v Commission
EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF — Negligence of the Member State in the recovery of sums wrongly paid — Liability of the Member State for the financial consequences of failure to recover
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Judgment of the General Court (Second Chamber) of 10 October 2012 ECLI:EU:T:2012:530 (Appeal: Case before the Court of Justice C-547/12 P) |
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Case T‑170/09 Shanghai Biaowu High-Tensile Fasteners and Shanghai Prime Machinery v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Principle of sound administration — Burden of proof — Duty to state reasons — Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009
Case T‑172/09 Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009
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Judgment of the General Court (Seventh Chamber) of 10 October 2012 ECLI:EU:T:2012:532 (Appeal: Case before the Court of Justice C-602/12 P) |
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Case T‑247/09 Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Supply of services relating to the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media — Rejection of the bid of one tenderer and decision to award the contract to another tenderer — Obligation to state reasons — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-183/10 Sviluppo Globale v Commission
Public service contracts — Public procurement procedure — Supply of technical assistance to the Government of Syria — Rejection of the tender — Duty to state reasons
Case T‑569/10 Bimbo v OHIM – Panrico (BIMBO DOUGHNUTS)
Community trade mark — Opposition proceedings — Application for Community word mark BIMBO DOUGHNUTS — Earlier national word mark DOGHNUTS — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Article 76(2) of Regulation No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Application for alteration — Admissibility
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Judgment of the General Court (Seventh Chamber) of 10 October 2012 ECLI:EU:T:2012:535 (Appeal: Case before the Court of Justice C-591/12 P) |
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Case T‑333/11 Wessang v OHIM – Greinwald (star foods)
Community trade mark — Opposition proceedings — Application for Community figurative mark star foods — Earlier Community word and figurative marks STAR SNACKS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 10 October 2012 ECLI:EU:T:2012:536 (Appeal: Case before the Court of Justice C-608/12 P) |
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Case T‑556/10 Novatex v Council
Subsidies — Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates — Definitive countervailing duty and definitive collection of provisional duty — Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009
Case T‑389/12 R EDF v Commission
Application for interim measures — Competition — Concentrations — Electricity market — Decision authorising a concentration operation subject to compliance with certain commitments — Refusal to grant the postponement of the deadline set for fulfilling those commitments — Application for interim measures — Lack of urgency
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Order of the President of the General Court of 11 October 2012 ECLI:EU:T:2012:542 (Appeal: Case before the Court of Justice C-551/12 P(R)) |
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Case T-371/11 Monier Roofing Components v OHIM (CLIMA COMFORT)
Community trade mark — Application for the Community word mark CLIMA COMFORT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009
Case T‑491/09 Spain v Commission
EAGGF — ‘Guarantee’ section — Expenditure excluded from financing — Premiums in the ovine and caprine meat sector — On-the-spot inspections
Case T-220/10 Commission v EU Research Projects
Arbitration clause — Contract concluded in the framework of the specific programme for research, technological development and demonstration on a ‘User-friendly information society’ — Withdrawal from the project — Reimbursement of part of the amount advanced by the Commission — Default interest — Procedure by default
Case T‑286/10 Fondation IDIAP v Commission
Arbitration clause — Sixth Framework Programme for research, technological development and demonstration activities — Contracts relating to the Amida, Bacs and Dirac projects — Eligible costs — Additional cost model — Salary of researchers holding permanent employment contracts — Absence of contractor’s own resources
Case T‑447/10 Evropaïki Dynamiki v Court of Justice
Public service contracts — Tender procedure — Provision of services for the maintenance, development and support of computer applications — Rejection of the applicant’s tenders and award of the contracts to another tenderer — Selection criteria — Award criteria — Obligation to state reasons — Non-contractual liability
Case T‑485/10 MIP Metro v OHIM – J. C. Ribeiro (MISS B)
Community trade mark — Opposition proceedings — Application for Community word mark MISS B — Earlier national word mark miss H — Earlier international word mark Miss H — Earlier national and international figurative marks Miss H. — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑340/11 Régie Networks and NRJ Global v Commission
Action for damages — State aid — Limitation — Damage for which compensation may be awarded — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law — Manifest lack of jurisdiction
Case T‑466/11 Ellinika Nafpigeia and Hoern v Commission
Action for annulment — State aid — Shipbuilding — Aid granted by the Greek authorities to a shipyard — Measures implementing the Commission’s decision finding the aid incompatible with the common market and ordering that it be repaid — Inadmissibility
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Order of the General Court (Seventh Chamber) of 19 October 2012 ECLI:EU:T:2012:558 (Appeal: Case before the Court of Justice C-616/12 P) |
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Case T-14/09 Vanhecke v Parliament
Privileges and immunities — Member of the Parliament — Waiver of immunity — Action for annulment — No further interest in bringing proceedings — No need to adjudicate
Case T‑442/11 Evropaïki Dynamiki v Commission
Action for annulment — Act not subject to review — Act which is confirmatory, in part, and informative, in part — Inadmissibility — Action for damages — Failure to identify the alleged conduct or to define the alleged damage — Inadmissibility — Action for damages — No proof of damage — Action manifestly lacking any foundation in law
Case T‑161/06 Arbos v Commission
Action for damages — ‘Culture 2000’ programme — Grants made for projects — Claims for payment of various sums — Article 44(1)(c) of the Rules of Procedure — Inadmissible
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Judgment of the General Court (Eighth Chamber) of 25 October 2012 ECLI:EU:T:2012:573 (Appeal: Case before the Court of Justice C-615/12 P) |
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Case T‑216/09 Astrim and Elyo Italia v Commission
Public service contracts — Tendering procedure — Maintenance services for air conditioning, heating and ventilation systems — Ispra Joint Research Centre — Rejection of a tenderer’s bid — Interpretation of a condition laid down in the contract specifications — Duty to state reasons
Case T‑503/10 IDT Biologika v Commission
Public supply contracts — Call for tenders — Supply in Serbia of rabies vaccines — Rejection of a submitted tender — Award of the contract to another tenderer
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Judgment of the General Court (Second Chamber) of 25 October 2012 ECLI:EU:T:2012:575 (Appeal: Case before the Court of Justice C-6/13 P) |
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Case T‑552/10 riha v OHIM – Lidl Stiftung (VITAL&FIT)
Community trade mark — Opposition proceedings — Application for Community figurative mark VITAL&FIT — Earlier national word mark VITAFIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T‑191/11 Automobili Lamborghini v OHIM – Miura Martínez and Miura Martínez (Miura)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark Miura — Earlier national word and figurative marks MIURA — Rights of the defence — Right to be heard — Article 75 of Regulation (EC) No 207/2009 — Notification by ordinary mail — Rule 62(1) and (5) of Regulation (EC) No 2868/95
November 2012
Case T‑137/10 CBI v Commission
State aid — Public hospitals — Subsidies granted by the Belgian authorities to public hospitals belonging to the IRIS association — Decision at the end of the preliminary stage — Decision declaring the aid compatible with the internal market — Service of general economic interest — Definition of public service mission — Proportionality of compensation for public service
Language of the case: French
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Judgment of the General Court (Fifth Chamber), 7 November 2012
ECLI:EU:T:2012:584 |
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Joined Cases T‑83/11 and T‑84/11 Antrax It v OHIM – THC (Radiators for heating)
Community design — Invalidity proceedings — Registered Community designs representing thermosiphons for radiators for heating — Earlier design — Ground for invalidity — Lack of individual character — No different overall impression — Articles 6 and 25(1)(b) of Regulation (EC) No 6/2002 — Saturation of the state of the art — Duty to state reasons
Language of the case: Italian
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Judgment of the General Court (Second Chamber), 13 November 2012
ECLI:EU:T:2012:592 |
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Case T‑278/11 ClientEarth and Others v Commission
Actions for annulment — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Period allowed for commencing proceedings — Delay — Manifest inadmissibility
Language of the case: English
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Order of the General Court (Fourth Chamber), 13 November 2012
ECLI:EU:T:2012:593 |
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Case T‑135/09 Nexans France and Nexans v Commission
Competition — Administrative procedure — Action for annulment — Acts adopted during an inspection — Intermediate measures — Inadmissibility — Decision ordering an inspection — Duty to state reasons — Protection of privacy — Reasonable grounds — Review by the Courts
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 14 November 2012
ECLI:EU:T:2012:596 (Appeal: Case before the Court of Justice C-37/13 P) |
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Case T‑345/12 R Akzo Nobel and Others v Commission
Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of claim for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Application for interim measures — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
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Order of the President of the General Court of 16 November 2012
ECLI:EU:T:2012:605 |
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Case T‑76/11 Spain v Commission
Fisheries — Measures for the conservation of living aquatic resources — Article 105 of Regulation (EC) No 1224/2009 — Deductions from quotas allocated for a given year on account of overfishing in previous years — Temporal application — Legal certainty — Interpretation guaranteeing compliance with primary law — Principle that penalties must have a proper legal basis — Non-retroactivity
Language of the case: Spanish
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Judgment of the General Court (Third Chamber), 21 November 2012
ECLI:EU:T:2012:613 |
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Case T-541/10 ADEDY and Others v Council
Action for annulment — Decisions addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility
Language of the case: Greek
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Order of the General Court (First Chamber), 27 November 2012
ECLI:EU:T:2012:626 |
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Cases T‑537/10 and T‑538/10 Adamowski v OHIM – Fagumit (FAGUMIT and Fagumit)
Community trade mark — Invalidity proceedings — Community word mark Fagumit and Community figurative mark FAGUMIT — Earlier national figurative mark FAGUMIT — Relative ground for invalidity — Article 8(3) and Article 165(4)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber), 29 November 2012
ECLI:EU:T:2012:634 |
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Case T‑164/12 R Alstom and Others v Commission
Interim relief — Competition — Commission decision to transmit documents to a national court — Confidentiality — Right to effective judicial protection — Application for interim measures — Prima facie case — Urgency — Weighing up of interests
Language of the case: English
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Order of the President of the General Court, 29 November 2012
ECLI:EU:T:2012:637 |
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Information (on unpublished decisions)
Case T‑574/08 Syndicat des thoniers méditerranéens and Others v Commission
Non-contractual liability — Fishing — Conservation of fishery resources — Reconstitution of the stocks of bluefin tuna — Emergency measures prohibiting fishing by purse seiners — Unusual loss
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Judgment of the General Court (Fifth Chamber) of 7 November 2012 ECLI:EU:T:2012:583 (Appeal: Case before the Court of Justice C-13/13 P) (Appeal: Case before the Court of Justice C-12/13 P) |
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Case T‑114/11 Giordano v Commission
Non-contractual liability — Fisheries — Conservation of fisheries resources — Recovery of bluefin tuna stocks — Emergency measures prohibiting fishing by purse seiners — Unlawful conduct — Causal link
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Judgment of the General Court (Fifth Chamber) of 7 November 2012 ECLI:EU:T:2012:585 (Appeal: Case before the Court of Justice C-611/12 P) |
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Case T-194/10 Hungary v Commission
Action for annulment — Regulation (EC) No 1234/2007 – Regulation (EC) No 607/2009 — E-Bacchus database – Registration of the protected designation of origin ‘Vinohradnícka oblast’ Tokaj’, in respect of Slovakia — Measure not subject to review — Inadmissibility
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Judgment of the General Court (Seventh Chamber) of 8 November 2012 ECLI:EU:T:2012:587 (Appeal: Case before the Court of Justice C-31/13 P) |
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Case T‑415/11 Hartmann v OHIM (Nutriskin Protection Complex)
Community trade mark — Application for the Community word mark Nutriskin Protection Complex — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 — OHIM’s decision-making practice — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑555/11 tesa v OHIM – Superquímica (tesa TACK)
Community trade mark — Opposition proceedings — Application for Community figurative mark tesa TACK — Earlier national figurative mark TACK Ceys — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑140/09 Prysmian and Prysmian Cavi e Sistemi Energia v Commission
Competition — Administrative procedure — Action for annulment — Acts adopted during an inspection — Intermediate measures — Inadmissibility — Decision ordering an inspection — Duty to state reasons — Protection of privacy — Reasonable grounds — Review by the Court
Case T‑529/11 Evonik Industries v OHIM – Impulso Industrial Alternativo (Impulso creador)
Community trade mark — Opposition proceedings — Application for Community word mark Impulso creador — Earlier figurative Community mark IMPULSO — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑403/12 R Intrasoft International v Commission
Interim measures — Public contracts — Procurement procedure — Rejection of a bid — Application for a stay of execution — Lack of urgency
Case T-278/09 Verband Deutscher Prädikatsweingüter v OHIM (GG)
Community trade mark — Application for the Community collective word mark GG — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑341/12 R Evonik Degussa v Commission
Interim measures — Competition — Publication of a decision by which the Commission finds an infringement of provisions which prohibit cartels — Refusal of the request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Weighing up of interests — Urgency — Prima facie case
Case T‑589/11 Phonebook of the World v OHIM – Seat Pagine Gialle (PAGINE GIALLE)
Community trade mark — Invalidity proceedings — Community word mark PAGINE GIALLE — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — No signs or indications which have become customary — Article 7(1)(b) to (d) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T‑120/12 Shahid Beheshti University v Council
Annulment action — Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Period allowed for commencing proceedings — Lateness — Inadmissible
Case T‑270/08 Germany v Commission
ERDF — Reduction in financial assistance — Operational programme falling under Objective No 1 (1994-1999) for Berlin (East) (Germany
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Judgment of the General Court (Third Chamber) of 21 November 2012 ECLI:EU:T:2012:612 (Appeal: Case before the Court of Justice C-54/13 P) |
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Case T‑338/11 Getty Images v OHIM (PHOTOS.COM)
Community trade mark — Application for the Community word mark PHOTOS.COM — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — No distinctiveness acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 21 November 2012 ECLI:EU:T:2012:614 (Appeal: Case before the Court of Justice C-70/13 P) |
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Case T‑558/11 Atlas v OHIM – Couleurs de Tollens (ARTIS)
Community trade mark — Opposition proceedings — Application for Community word mark ARTIS — Earlier national word mark ARTIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-17/10 Steinberg v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to funding decisions for grants to Israeli and Palestinian non-governmental organisations under the ‘Partnership for Peace’ programme and the European Instrument for Democracy and Human Rights — Partial refusal of access — Exception relating to the protection of the public interest as regards public security — Duty to state reasons — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-215/11 ADEDY and Others v Council
Actions for annulment — Decision addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility
Case T‑672/11 H-Holding v Parliament
Action for failure to act — Action for damages — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law
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Order of the General Court (Sixth Chamber) of 27 November 2012 ECLI:EU:T:2012:628 (Appeal: Case before the Court of Justice C-64/13 P) |
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Case T‑29/12 Bauer and Alva Management v OHIM – BenQ Materials (Daxon)
Community trade mark — Opposition proceedings — Application for Community word mark Daxon — Earlier Community word mark DALTON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑491/07 CB v Commission
Competition — Decision of an association of undertakings — Market for issuing payment cards in France — Decision finding an infringement of Article 81 EC — Tariff measures applicable to ‘new entrants’ — Membership fees and so-called ‘regulation of customer function’ and ‘sleeper member fee’ mechanisms — Relevant market — Object of the measures at issue — Restriction of competition by object — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty
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Judgment of the General Court (Seventh Chamber) of 29 November 2012 ECLI:EU:T:2012:633 (Appeal: Case before the Court of Justice C-67/13 P) |
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Case T‑590/10 Thesing and Bloomberg Finance v ECB
Access to documents — Decision 2004/258/EC — Documents concerning the government debt and government deficit of a Member State — Refusal of access — Exception relating to the economic policy of the Union or of a Member State — Partial refusal of access
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Judgment of the General Court (Seventh Chamber) of 29 November 2012 ECLI:EU:T:2012:635 (Appeal: Case before the Court of Justice C-28/13 P) |
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Case T-171/11 Hopf v OHIM (Clampflex)
Community trade mark — Application for Community word mark Champflex — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
December 2012
Case T‑15/11 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 11 December 2012
ECLI:EU:T:2012:661 |
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Case T‑332/09 Electrabel v Commission
Competition — Concentrations — Decision imposing a fine for putting into effect a concentration — Obligation to suspend the concentration — Obligation to state reasons — Error of assessment — Limitation period — Amount of the fine
Language of the case: French
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Judgment of the General Court (Third Chamber), 12 December 2012
ECLI:EU:T:2012:672 (Appeal: Case before the Court of Justice C-84/13 P) |
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Case T‑352/09 Novácke chemické závody v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Obligation to state reasons — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Ability to pay
Language of the case: English
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Judgment of the General Court (Third Chamber), 12 December 2012
ECLI:EU:T:2012:673 |
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Information (on unpublished decisions)
Case T‑143/11 Consorzio vino Chianti Classico v OHIM – FFR (F.F.R.)
Community trade mark — Opposition proceedings — Application for a Community figurative mark ‘F.F.R.’ — Earlier national figurative marks CHIANTI CLASSICO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T‑421/11 Qualitest v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Obligation to state reasons — Manifest error of assessment
Case T‑167/10 Evropaïki Dynamiki v Commission
Access to documents — Regulation (EC) No 1049/2001 — Requests for quotation — Refusal to grant access — Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Admissibility — Exception relating to the protection of the economic policy of the European Union — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the public interest in the field of public security — Duty to state reasons
Case T‑42/09 A. Loacker v OHIM – Editrice Quadratum (QUADRATUM)
Community trade mark — Opposition proceedings — Application for Community word mark QUADRATUM — Earlier Community word mark LOACKER QUADRATINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009
Case T‑22/12 Fomanu v OHIM (Qualität hat Zukunft)
Community trade mark — Application for Community word mark Qualität hat Zukunft — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑231/00 Adriatica di Navigazione and Comitato "Venezia vuole vivere" v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑253/00 Bauer v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑260/00 Cooperativa San Marco fra Lavoratori della Piccola Pesca and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 12 December 2012 ECLI:EU:T:2012:669 (Appeal: Case before the Court of Justice C-94/13 P) |
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Case T‑261/00 Sacaim and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 12 December 2012 ECLI:EU:T:2012:670 (Appeal: Case before the Court of Justice C-95/13 P) |
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Case T‑457/07 Evropaïki Dynamiki v EFSA
Public procurement — Tender procedure — Provision of IT consultancy assistance services — Rejection of a tender and decision to award the contract to another tenderer — Admissibility — Obligation to state reasons — Selection criteria — Award criteria — Compliance with award criteria laid down in the tender specifications — Manifest error of assessment
Case T‑392/09 1. garantovaná v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Fines — Ceiling of 10% of turnover — Relevant turnover — Rights of the defence — Obligation to state reasons — Proportionality — 2006 Guidelines on the method of setting fines — Ability to pay
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Judgment of the General Court (Third Chamber) of 12 December 2012 ECLI:EU:T:2012:674 (Appeal: Case before the Court of Justice C-90/13 P) |
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Case T‑400/09 Ecka Granulate and non ferrum Metallpulver v Commission
Competition — Cartels — Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Principle that penalties must have a sound legal basis — 2006 guidelines for the calculation of the amount of fines — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Ability to pay
Case T‑410/09 Almamet v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Commission’s powers in inspections — Single and continuous infringement — Fines — Cooperation during the administrative procedure — Proportionality — 2006 Guidelines on the method of setting fines
Case T‑103/08 Versalis and Eni v Commission
Competition — Agreements, decisions and concerted practices — Chloroprene rubber market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Attributability of the unlawful conduct — Duty to state reasons — Rights of the defence — Evidence of involvement in the cartel — Single and continuous infringement — Fines — Gravity and duration of the infringement — Repeat offending — Deterrence — Attenuating circumstances — Maximum turnover limit of 10% — Cooperation — 2002 Leniency Notice — Equal treatment — Proportionality
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Judgment of the General Court (Seventh Chamber) of 13 December 2012 ECLI:EU:T:2012:686 (Appeal: Case before the Court of Justice C-123/13 P) (Appeal: Case before the Court of Justice C-93/13 P) |
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Case T‑34/10 Hairdreams v OHIM – Bartmann (MAGIC LIGHT)
Community trade mark — Opposition proceedings — Application for Community word mark MAGIC LIGHT — Earlier national word mark MAGIC LIFE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑588/10 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Arable crops — Dried grapes — Raw tobacco — Specific measures for the smaller Aegean islands concerning certain agricultural products — Sheepmeat and goatmeat — Conditionality — Proportionality
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Judgment of the General Court (Third Chamber) of 13 December 2012 ECLI:EU:T:2012:688 (Appeal: Case before the Court of Justice C-71/13 P) |
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Case T‑136/11 pelicantravel.com v OHIM – Pelikan (Pelikan)
Community trade mark — Invalidity proceedings — Community figurative mark pelikan — Absolute ground for refusal — No bad faith on the part of the applicant — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-461/11 Natura Selection v OHIM – Ménard (natura)
Community trade mark — Opposition proceedings — Application for Community figurative mark natura — Prior Community word mark NATURA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑357/11 Bimbo v OHIM – Grupo Bimbo (GRUPO BIMBO)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark GRUPO BIMBO — Earlier national word mark BIMBO — Relative grounds for refusal — Mark with a reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-205/11 Germany v Commission
Action for annulment — State aid — Period allowed for commencing proceedings — Out of time — Inadmissibility
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Order of the General Court (Eighth Chamber) of 18 December 2012 ECLI:EU:T:2012:704 (Appeal: Case before the Court of Justice C-102/13 P) |
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Case T‑320/11 Hungary v Commission
Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Out of time — Inadmissibility
January 2013
Case T‑182/10 Aiscat v Commission
State aid — Direct concession for the construction and subsequent management of a section of motorway — Decision to take no further action on the complaint — Action for annulment — Actionable measure — Locus standi — Individual concern — Admissibility — Definition of aid — State resources
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber), 15 January 2013
ECLI:EU:T:2013:9 |
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Case T‑54/11 Spain v Commission
ERDF — Reduction of financial assistance — Aid for the operational programme falling within Objective 1 (2000-2006) concerning the region of Andalucía (Spain) — Article 39(3)(b) of Regulation (EC) No 1260/1999 — Three-month period — Directive 93/36/EEC — Negotiated procedure without prior publication of a tender notice
Language of the case: Spanish
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Judgment of the General Court (Third Chamber), 15 January 2013
ECLI:EU:T:2013:10 |
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Case T‑237/11 Lidl Stiftung v OHIM – Lactimilk (BELLRAM)
Community trade mark — Opposition proceedings — Application for the Community word mark BELLRAM — Earlier national word and figurative marks RAM and Ram — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Articles 63(2), 75 and 76 of Regulation No 207/2009 — Opposition period
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 15 January 2013
ECLI:EU:T:2013:11 |
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Case T‑625/11 BSH v OHIM (ecoDoor)
Community trade mark — Application for Community word mark ecoDoor — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 15 January 2013
ECLI:EU:T:2013:14 (Appeal: Case before the Court of Justice C-126/13 P) |
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Joined Cases T‑346/11 and T‑347/11 Gollnisch v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive immunity — Activity unconnected with the functions of a Member of the Parliament — Procedure for waiver of immunity — Decision not to defend privileges and immunities — No further interest in bringing an action — No need to adjudicate
Language of the case: French
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Judgment of the General Court (First Chamber), 17 January 2013
ECLI:EU:T:2013:23 |
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Case T‑308/00 RENV Salzgitter v Commission
State aid — Steel industry — Tax incentives for the development of the border zone between the former German Democratic Republic and the former Czechoslovak Socialist Republic — Non-notified aid — Decision declaring the aid incompatible with the common market — Recovery — Delay — Legal certainty — Calculation of the aid to be repaid — Aid falling within the scope of the ECSC Treaty — Investments for the protection of the environment — Discount rate
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition), 22 January 2013
ECLI:EU:T:2013:30 |
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Joined Cases T‑225/06 RENV, T‑255/06 RENV, T‑257/06 RENV and T‑309/06 RENV Budějovický Budvar v OHIM
Community trade mark — Opposition proceedings — Applications for Community word and figurative marks BUD — Appellations ‘bud’ — Relative grounds for refusal — Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)
Language of the case: English
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Judgment of the General Court (Second Chamber), 22 January 2013
ECLI:EU:T:2013:31 |
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Case T‑46/09 Greece v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Processing of citrus fruits, cotton, bovines, and olive oil — Financial audit — Key controls — Proportionality — Recurrence — Duty to state reasons
Language of the case: Greek
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Judgment of the General Court (Second Chamber), 22 January 2013
ECLI:EU:T:2013:32 |
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Joined Cases T‑339/10 and T‑532/10 Cosepuri v EFSA
Public service contracts — Tender procedure — Shuttle service in Italy and Europe — Tenderer’s bid rejected — Decision to award the contract to another tenderer — Non-contractual liability — Access to documents — Regulation (EC) No 1049/2001 — Bid of the successful tenderer — Access refused — Exception relating to the protection of the commercial interests of a third party
Language of the case: Italian
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Judgment of the General Court (Second Chamber), 29 January 2013
ECLI:EU:T:2013:38 |
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Case T‑496/10 Bank Mellat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 29 January 2013
ECLI:EU:T:2013:39 (Appeal: Case before the Court of Justice C-176/13 P) |
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Information (on unpublished decisions)
Case T‑274/12 Alfastar Benelux v Council
Actions for failure to act — Action devoid of purpose — No need to adjudicate — Actions for damages — Action manifestly lacking any foundation in law
Cases T‑445/11 and T‑88/12 Charron Inox and Almet v Commission and Council
Action for annulment — Action for damages — Dumping –Imports of certain seamless pipes and tubes of stainless steel originating in China — Provisional anti-dumping duty — No need to adjudicate — Definitive anti-dumping duty — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law
Case T‑568/11 Kokomarina v OHIM – Vana Real Estate and Euro Shoe Group (interdit de me gronder IDMG)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court
Case T‑392/07 Strack v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to confirmatory applications for access to documents and to a case brought before the General Court — Document register — Action for annulment — Implied refusal of access — Interest in bringing proceedings — Admissibility — Partial refusal of access — Exception relating to the protection of the privacy and the integrity of the individual — Exception relating to the protection of the decision-making process — Duty to state reasons — Non-contractual liability
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Judgment of the General Court (Fourth Chamber) of 15 January 2013 ECLI:EU:T:2013:8 (Appeal: Case before the Court of Justice C-127/13 P) |
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Case T‑413/11 Welte-Wenu v OHIM – Commission (EUROPEAN DRIVESHAFT SERVICES)
Community trade mark — Proceedings for a declaration of invalidity — Community figurative mark EUROPEAN DRIVESHAFT SERVICES — Absolute ground for refusal — Imitation of the emblem of an international inter-governmental organisation — Article 7(1)(h) of Regulation (EC) No 207/2009 — Article 6b of the Paris Convention — Content of the application for a declaration of invalidity — Admissibility of new elements — Article 56(2) and Article 76 of Regulation No 207/2009 — Rule 37(b)(iv) of Regulation (EC) No 2868/95 — Jurisdiction of the Board of Appeal in the case of an action limited to part of the decision of the Cancellation Division
Case T‑451/11 Gigabyte Technology v OHIM – Haskins (Gigabyte)
Community trade mark — Opposition proceedings — Application for Community word mark Gigabyte — Earlier Community word mark GIGABITER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑21/12 Alfacam and Others v Parliament
Action for annulment — Public service contracts — Procurement procedure — Supply of audiovisual services to the Parliament — Rejection of a tenderer’s bid — Articles 94 and 103 of Regulation (EC, Euratom) No 1605/2002 — Action manifestly devoid of any basis in law
Case T‑544/11 Spectrum Brands (UK) v OHIM – Philips (STEAM GLIDE)
Community trade mark — Invalidity proceedings — Community word mark STEAM GLIDE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑355/09 Reber v OHIM – Wedl & Hofmann (Walzer Traum)
Community trade mark — Opposition proceedings — Application for figurative Community mark Walzer Traum — Earlier national word mark Walzertraum — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Equal treatment
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Judgment of the General Court (Fifth Chamber) of 17 January 2013 ECLI:EU:T:2013:22 (Appeal: Case before the Court of Justice C-141/13 P) |
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Cases T‑582/11 and T‑583/11 Solar-Fabrik v OHIM (Premium XL and Premium L)
Community trade mark — Applications for the Community word marks Premium XL and Premium L — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑507/12 R Slovenia v Commission
Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the recipient — Application for stay of execution — Lack of urgency
Case T‑137/12 FunFactory v OHIM (Vibrator)
Community trade mark — Application for a three-dimensional trade mark — Vibrator — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T‑218/00 Cooperativa Mare Azzurro and Others v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 22 January 2013 ECLI:EU:T:2013:27 (Appeal: Case before the Court of Justice C-136/13 P) (Appeal: Case before the Court of Justice C-145/13 P) |
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Case T‑262/00 La Vigile San Marco v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 22 January 2013 ECLI:EU:T:2013:28 (Appeal: Case before the Court of Justice C-174/13 P) |
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Case T‑263/00 La Navale v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme to be incompatible with the common market and requiring the recovery of aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑474/09 Fercal v OHIM – Jacson of Scandinavia (JACKSON SHOES)
Community trade mark — Invalidity proceedings — Community word mark JACKSON SHOES — Earlier national business name JACSON OF SCANDINAVIA AB — Relative ground for refusal — Relative ground for invalidity — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 24 January 2013 ECLI:EU:T:2013:33 (Appeal: Case before the Court of Justice C-159/13 P) |
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Case T‑189/11 Yordanov v OHIM – Distribuidora comercial del frio (DISCO DESIGNER)
Community trade mark — Opposition proceedings — Application for Community word mark DISCO DESIGNER — Earlier figurative Community mark DISCO — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑269/00 Sagar and Baglioni Hotels v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring the recovery of aid paid — Action manifestly lacking any foundation in law
Case T‑272/00 Barbini and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 29 January 2013 ECLI:EU:T:2013:36 (Appeal: Case before the Court of Justice C-180/13 P) |
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Case T‑273/00 Unindustria and Others v Commission
Action for annulment — State aid — Reductions in social security contributions for undertakings in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid — Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 29 January 2013 ECLI:EU:T:2013:37 (Appeal: Case before the Court of Justice C-191/13 P) |
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Case T‑25/11 Germans Boada v OHIM (Manual tile-cutting machine)
Community trade mark — Application for a Community three-dimensional mark — Manual tile-cutting machine — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Obligation to state reasons — Articles 75 and 76 of Regulation No 207/2009 — Equal treatment
Case T‑283/11 Fon Wireless v OHIM – nfon (nfon)
Community trade mark — Opposition proceedings — Application for Community word mark nfon — Earlier Community trade mark fon and earlier national word mark FON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for alteration
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Judgment of the General Court (Fourth Chamber) of 29 January 2013 ECLI:EU:T:2013:41 (Appeal: Case before the Court of Justice C-193/13 P) |
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Case T‑662/11 Müller v OHIM – Loncar (Sunless)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Sunless — Earlier Community word marks SUNLESS and LONCAR-SUNLESS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑540/10 Spain v Commission
Cohesion Fund — Reduction of the financial assistance initially granted from the Cohesion Fund to four project stages concerning the construction of certain sections of the high-speed line linking Madrid and the French border — Time limit for adopting a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional works or services — Concept of ‘unforeseen circumstances’ — Article 20(2)(f) of Directive 93/38/EEC
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Judgment of the General Court (Eighth Chamber) of 31 January 2013 ECLI:EU:T:2013:47 (Appeal: Case before the Court of Justice C-197/13 P) |
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Case T‑66/11 Present-Service Ullrich v OHIM – Punt Nou (babilu)
Community trade mark — Opposition proceedings — Application for Community word mark babilu — Earlier Community word mark BABIDU — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑235/11 Spain v Commission
Cohesion Fund — Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain — Time limit for the adoption of a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional deliveries — Additional works or services — Concept of ‘unforeseen circumstance’ — Article 20(2)(e) and (f) of Directive 93/38/EEC
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Judgment of the General Court (Eighth Chamber) of 31 January 2013 ECLI:EU:T:2013:49 (Appeal: Case before the Court of Justice C-192/13 P) |
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Case T‑54/12 K2 Sports Europe v OHIM – Karhu Sport Iberica (SPORT)
Community trade mark — Opposition proceedings — Application for the Community figurative mark SPORT — Earlier national and international word marks K2 SPORTS — Relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
February 2013
Case T‑494/10 Bank Saderat Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 5 February 2013
ECLI:EU:T:2013:59 (Appeal: Case before the Court of Justice C-200/13 P) |
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Case T‑84/07 EuroChem MCC v Council
Dumping — Imports of solutions of urea and ammonium nitrate originating in Russia — Request for an expiry review — Request for an interim review — Admissibility — Normal value — Export price — Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 1225/2009)
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 7 February 2013
ECLI:EU:T:2013:64 |
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Case T‑492/10 Melli Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Entity wholly owned by an entity identified as being involved in nuclear proliferation — Plea of illegality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 20 February 2013
ECLI:EU:T:2013:80 |
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Case T‑378/11 Langguth Erben v OHIM (MEDINET)
Community trade mark — Application for the Community figurative mark MEDINET — Earlier national and international figurative marks MEDINET — Claim of seniority of the earlier national and international marks — Earlier marks in colour and Community trade mark applied for not designating any specific colour — Signs not identical — Article 34 of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 — Expediency of oral proceedings — Article 77 of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 20 February 2013
ECLI:EU:T:2013:83 (Appeal: Case before the Court of Justice C-412/13 P) |
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Information (on unpublished decisions)
Case T‑104/11 Ferrari v OHIM (PERLE')
Community trade mark — International registration designating the European Community — Figurative mark PERLE' — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
Case T‑272/11 Coin v OHIM – Dynamiki Zoi (Fitcoin)
Community trade mark — Opposition proceedings — Application for the Community word mark Fitcoin — Earlier national, Community and international figurative marks coin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑368/11 Polyelectrolyte Producers Group and Others v Commission
REACH — Transitional measures concerning the restrictions on the placing on the market and use of acrylamide for grouting applications — Annex XVII to Regulation (EC) No 1907/2006 — Proportionality — Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 1 February 2013 ECLI:EU:T:2013:53 (Appeal: Case before the Court of Justice C-199/13 P) |
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Case T‑368/11 R Polyelectrolyte Producers Group and Others v Commission
Application for interim measures — Dismissal of the main action — No need to adjudicate
Case T‑159/11 Marszałkowski v OHIM – Mar-Ko Fleischwaren (WALICHNOWY MARKO)
Community trade mark — Opposition proceedings — Application for Community figurative mark WALICHNOWY MARKO — Earlier Community word mark MAR-KO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 4 February 2013 ECLI:EU:T:2013:56 (Appeal: Case before the Court of Justice C-177/13 P) |
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Case T‑504/11 Hartmann v OHIM – Protecsom (DIGNITUDE)
Community trade mark — Opposition proceedings — Application for Community word mark DIGNITUDE — Earlier national and Community word marks Dignity — Relative ground for refusal — No likelihood of confusion — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑551/11 BSI v Council
Action for annulment — Dumping — Extension of anti-dumping duty imposed on the imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia — Independent importer — Article 263, fourth paragraph, TFEU — Lack of individual concern — Legislative measure containing implementing measure — Inadmissibility
Case T‑263/11 Bopp v OHIM (Representation of a green octagonal frame)
Community trade mark — Application for a Community figurative mark representing a green octagonal frame — Absolute ground for refusal — Distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Offer of evidence submitted for the first time in the reply — Article 48(1) of the Rules of Procedure of the General Court — Document sent to OHIM by fax — Applicable rules
Case T‑412/11 Maharishi Foundation v OHIM (TRANSCENDENTAL MEDITATION)
Community trade mark — Application for Community word mark TRANSCENDENTAL MEDITATION — Absolute grounds for refusal — Decision of the Board of Appeal remitting the case to the Examination Division — Article 65(4) of Regulation (EC) No 207/2009 — Admissibility — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Relevant public
Case T‑426/11 Maharishi Foundation v OHIM (MÉDITATION TRANSCENDANTALE)
Community trade mark — Application for Community word mark MÉDITATION TRANSCENDANTALE — Absolute grounds for refusal — Decision of the Board of Appeal remitting the case to the Examination Division — Article 65(4) of Regulation (EC) No 207/2009 — Admissibility — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Relevant public
Case T‑235/08 Acron and Dorogobuzh v Council
Dumping — Imports of ammonium nitrate originating in Russia — Request for a partial interim review — Normal value — Export price — Articles 1 and 2 of Regulation (EC) No 384/96 (now Articles 1 and 2 of Regulation (EC) No 1225/2009
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Judgment of the General Court (Eighth Chamber) of 7 February 2013 ECLI:EU:T:2013:65 (Appeal: Case before the Court of Justice C-215/13 P) |
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Case T‑459/08 EuroChem MCC v Council
Dumping — Imports of ammonium nitrate originating in Russia — Request for a partial interim review — Expiry review — Normal value — Export price — Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 1225/2009)
Case T‑118/10 Acron v Council
Dumping — Imports of solutions of urea and ammonium nitrate originating in Russia — Request for a new exporter review — Normal value — Export price — Articles 1, 2 and 11(4) and (9) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(4) and (9) of Regulation (EC) No 1225/2009)
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Judgment of the General Court (Eighth Chamber) of 7 February 2013 ECLI:EU:T:2013:67 (Appeal: Case before the Court of Justice C-216/13 P) |
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Case T‑50/12 AMC-Representações Têxteis v OHIM – MIP Metro (METRO KIDS COMPANY)
Community trade mark — Opposition proceedings — Application for Community figurative mark METRO KIDS COMPANY — Earlier international figurative mark METRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑33/12 Piotrowski v OHIM (MEDIGYM)
Community trade mark — International registration designating the European Community — Word mark MEDIGYM — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Right to a hearing — Second sentence of Article 75 of Regulation No 207/2009
Joined Cases T-15/12 and T-16/12 Provincie Groningen and Others v Commission
Action for annulment — State aid — Subsidy scheme for the acquisition of natural areas for environmental protection — Decision declaring the aid compatible with the internal market — No interest in bringing proceedings — Inadmissibility
Cases T‑278/00 to T‑280/00, T‑282/00 to T‑286/00 and T‑288/00 to T‑295/00 Albergo Quattro Fontane and Others v Commission
Action for annulment — State aid — Relief from social security contributions for firms in Venice and Chioggia — Decision declaring the aid scheme incompatible with the common market and requiring recovery of the aid paid out — Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 20 February 2013 ECLI:EU:T:2013:77 (Appeal: Case before the Court of Justice C-229/13 P) (Appeal: Case before the Court of Justice C-246/13 P) (Appeal: Case before the Court of Justice C-237/13 P) (Appeal: Case before the Court of Justice C-234/13 P) (Appeal: Case before the Court of Justice C-230/13 P) (Appeal: Case before the Court of Justice C-236/13 P) (Appeal: Case before the Court of Justice C-233/13 P) (Appeal: Case before the Court of Justice C-227/13 P) (Appeal: Case before the Court of Justice C-231/13 P) (Appeal: Case before the Court of Justice C-239/13 P) (Appeal: Case before the Court of Justice C-232/13 P) (Appeal: Case before the Court of Justice C-238/13 P) (Appeal: Case before the Court of Justice C-235/13 P) (Appeal: Case before the Court of Justice C-228/13 P) |
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Case T‑241/09 Nikolaou v Court of Auditors
Non-contractual liability — Court of Auditors — Conduct of internal investigations — Personal data — Illegality — Causal link — Limitation period
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Judgment of the General Court (Second Chamber) of 20 February 2013 ECLI:EU:T:2013:79 (Appeal: Case before the Court of Justice C-220/13 P) |
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Case T‑224/11 Caventa v OHIM – Anson's Herrenhaus (BERG)
Community trade mark — Opposition proceedings — Application for the Community word mark BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑225/11 Caventa v OHIM – Anson's Herrenhaus (BERG)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑631/11 Caventa v OHIM – Anson's Herrenhaus (B BERG)
Community trade mark — Opposition proceedings — Application for the Community figurative mark B BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑9/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Supply of external services relating to the provision of electronic publications — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Selection and award criteria — Obligation to state reasons — Manifest error of assessment
Case T‑444/10 Esge v OHIM – De'Longhi Benelux (KMIX)
Community trade mark — Opposition proceedings — Application for Community word mark KMIX — Earlier Community word mark BAMIX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑427/11 Laboratoire Bioderma v OHIM – Cabinet Continental (BIODERMA)
Community trade mark — Invalidity proceedings — Community word mark BIODERMA — No infringement of the rights of the defence — Article 75 of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009
Joined Cases T‑65/10, T‑113/10 and T‑138/10 Spain v Commission
ERDF — Reduction of financial assistance — Operational Programmes for ‘Andalusia’ and ‘Comunidad Valenciana’ Objective 1 (1994-1999) — Operational Programme for ‘Basque Country’ Objective 2 (1997-1999) — Extrapolation
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Judgment of the General Court (Second Chamber) of 26 February 2013 ECLI:EU:T:2013:93 (Appeal: Case before the Court of Justice C-263/13 P) |
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Case T‑591/10 Castiglioni v Commission
Action for annulment — Action for damages — Public works contracts — Tender procedure — Construction, restructuring and maintenance of buildings and infrastructure at the Joint Research Centre’s Ispra site — Selection criteria — Rejection of the tender submitted by one tenderer and a decision to award the contract to another tenderer — New pleas in law — Action in part manifestly unfounded in law and in part manifestly inadmissible
Case T‑241/10 Poland v Commission
EAGGF, EAGF and EAFRD — ‘Guarantee’ Section — Expenditure excluded from financing — Direct payments — Identification system for agricultural parcels — Article 20 of Regulation (EC) No 1782/2003 — Lack of effectiveness and reliability — Intentional irregularities — Article 53 of Regulation (EC) No 796/2004
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Judgment of the General Court (Second Chamber) of 27 February 2013 ECLI:EU:T:2013:96 (Appeal: Case before the Court of Justice C-273/13 P) |
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Case T‑367/10 Bloufin Touna Ellas Naftiki Etaireia and Others v Commission
Fisheries — Conservation of fish stocks — Recovery plan for bluefin tuna — Measures prohibiting fishing activities of purse seiners flying the flag of France or Greece — Actions for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Rate of exhaustion of quotas per State and per purse seiner — True catch capacity
Case T‑387/11 Nitrogénművek Vegyipari v Commission
State aid — Banking sector — Loans guaranteed by Hungary and granted by a development bank — Decision declaring the aid measures partly incompatible and ordering their recovery — Private investor test
March 2013
Case T‑93/10 Bilbaína de Alquitranes and Others v ECHA
REACH — Identification of pitch, coal tar, high temperature as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition), 7 March 2013
ECLI:EU:T:2013:106 (Appeal: Case before the Court of Justice C-287/13 P) |
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Case T‑94/10 Rütgers Germany and Others v ECHA
REACH — Identification of anthracene oil as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber, extended composition), 7 March 2013
ECLI:EU:T:2013:107 (Appeal: Case before the Court of Justice C-288/13 P) |
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Case T‑95/10 Cindu Chemicals and Others v ECHA
REACH — Identification of anthracene oil, anthracene low as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition), 7 March 2013
ECLI:EU:T:2013:108 (Appeal: Case before the Court of Justice C-289/13 P) |
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Case T‑96/10 Rütgers Germany and Others v ECHA
REACH — Identification of anthracene oil (anthracene paste) as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber, extended composition), 7 March 2013
ECLI:EU:T:2013:109 (Appeal: Case before the Court of Justice C-290/13 P) |
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Case T‑370/11 Poland v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Benchmarks to be applied to calculate the allocation of emission allowances — Equal treatment — Proportionality
Language of the case: Polish
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Judgment of the General Court (Seventh Chamber), 7 March 2013
ECLI:EU:T:2013:113 |
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Case T‑110/12 R Iranian Offshore Engineering & Construction v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds and economic resources — Application for interim measures — No urgency — Balancing of interests
Language of the case: Spanish
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Order of the President of the General Court, 11 March 2013
ECLI:EU:T:2013:118 |
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Case T‑462/12 R Pilkington Group v Commission
Interim relief — Competition — Publication of a decision finding an infringement of Article 81 EC — Rejection of request for confidential treatment of information allegedly covered by business secrecy — Application for interim measures — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
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Order of the President of the General Court, 11 March 2013
ECLI:EU:T:2013:119 (Appeal: Case before the Court of Justice C-278/13 P(R)) |
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Case T‑4/13 R Communicaid Group v Commission
Application for interim measures — Public services contracts — Tendering procedure — Language training services — Rejection of tender submitted by a tenderer — Application for suspension of operation and interim measures — Loss of opportunity — No serious and irreparable damage — No urgency
Language of the case: English
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Order of the President of the General Court, 11 March 2013
ECLI:EU:T:2013:121 |
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Joined Cases T‑229/11 and T‑276/11 Inglewood and Others v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Additional pension scheme — Decisions rejecting applications seeking to benefit from the provisions in force before the amendment to the additional pension scheme in 2009 — Plea of illegality — Acquired rights — Legitimate expectations — Proportionality — Equal treatment
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 13 March 2013
ECLI:EU:T:2013:127 (Appeal: Case before the Court of Justice C-281/13 P) |
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Case T‑587/08 Fresh Del Monte Produce v Commission
Competition — Agreements, decisions and concerted practices — Market in bananas — Decision finding an infringement of Article 81 EC — Information exchange system — Concept of a concerted practice having an anti-competitive object — Causal link between the collusion and the conduct of the undertakings on the market — Single infringement — Imputation of the infringement — Rights of the defence — Fines — Gravity of the infringement — Cooperation — Mitigating circumstances
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 14 March 2013
ECLI:EU:T:2013:129 (Appeal: Case before the Court of Justice C-294/13 P) (Appeal: Case before the Court of Justice C-293/13 P) |
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Case T‑588/08 Dole Food and Dole Germany v Commission
Competition — Agreements, decisions and concerted practices — Market in bananas — Decision finding an infringement of Article 81 EC — Concept of a concerted practice having an anti-competitive object — Information exchange system — Duty to state reasons — Rights of the defence — Guidelines on the method of setting fines — Gravity of the infringement
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 14 March 2013
ECLI:EU:T:2013:130 (Appeal: Case before the Court of Justice C-286/13 P) |
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Case T‑301/10 In 't Veld v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) — Negotiating documents — Refusal to grant access — Exception relating to the protection of the public interest with regard to international relations — Manifest error of assessment — Proportionality — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber), 19 March 2013
ECLI:EU:T:2013:135 |
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Case T‑324/10 Firma Van Parys v Commission
Customs union — Imports of bananas from Ecuador — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Error by the customs authorities — Obvious negligence on the part of the interested party
Language of the case: Dutch
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Judgment of the General Court (Second Chamber), 19 March 2013
ECLI:EU:T:2013:136 |
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Case T‑415/10 Nexans France v Joint Undertaking Fusion for Energy
Public supply contracts — Euratom — Procedure for call for tenders by the Joint Undertaking Fusion for Energy — Supply of electrical equipment — Rejection of a tenderer’s offer — Open procedure — Offer containing reservations — Legal certainty — Legitimate expectations — Proportionality — Conflict of interests — Award decision — Action for annulment — No direct effect — Inadmissibility — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber), 20 March 2013
ECLI:EU:T:2013:141 |
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Case T‑571/11 El Corte Inglés v OHIM – Chez Gerard (CLUB GOURMET)
Community trade mark — Opposition proceedings — Application for Community word mark CLUB GOURMET — Earlier national figurative mark CLUB DEL GOURMET, EN ... El Corte Inglés — Relative ground for refusal — No similarity between the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Arguments and evidence adduced for the first time before the General Court
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 20 March 2013
ECLI:EU:T:2013:145 (Appeal: Case before the Court of Justice C-301/13 P) |
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Information (on unpublished decisions)
Case T‑198/09 UOP v Commission
Action for annulment — State aid — No individual concern — Inadmissibility
Case T‑539/10 Acino v Commission
Medicinal products for human use — Suspension of the placing on the market and withdrawal of medicinal products containing the active ingredient Clopidogrel — Variation of the authorisation to place on the market — Prohibition from placing medicinal products on the market — Regulation (EC) No 726/2004 and Directive 2001/83/EC — Proportionality — Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 7 March 2013 ECLI:EU:T:2013:110 (Appeal: Case before the Court of Justice C-269/13 P) |
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Case T‑186/11 Schönberger v Parliament
Action for annulment — Right to petition — Petition addressed to the European Parliament — Petition declared admissible — Decision concluding the petition procedure — Measure not subject to review — Inadmissibility
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Judgment of the General Court (Sixth Chamber) of 7 March 2013 ECLI:EU:T:2013:111 (Appeal: Case before the Court of Justice C-261/13 P) |
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Case T‑247/11 FairWild Foundation v OHIM – Wild (FAIRWILD)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark FAIRWILD — Earlier Community word mark WILD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑64/12 Henkel and Henkel France v Commission
Action for annulment — Request seeking to obtain the transmission to the French competition authority of certain documents contained in the Commission’s file relating to competition proceedings concerning the European market for consumer detergents — Use in the context of national proceedings concerning the French detergents sector — Lack of interest in bringing proceedings — Inadmissibility
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Order of the General Court (Third Chamber) of 7 March 2013 ECLI:EU:T:2013:116 (Appeal: Case before the Court of Justice C-284/13 P) |
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Case T‑498/10 Mayer Naman v OHIM – Daniel e Mayer (David Mayer)
Community trade mark — Invalidity proceedings — Community figurative mark David Mayer — Earlier national word mark DANIEL & MAYER MADE IN ITALY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Request for proof of genuine use made for the first time before the Board of Appeal — Out of time — Article 57(2) and (3) of Regulation No 207/2009
Case T‑552/12 R North Drilling v Council
Interim relief — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds and economic resources — Application for interim measures — Lack of urgency — Weighing up of interests
Case T‑27/13 R Elan v Commission
Interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery from the beneficiary — Application for stay of execution — Lack of urgency
Case T‑89/13 R Calestep v ECHA
Application for interim measures — Fees and charges payable to ECHA — Reduced fees granted to small enterprises — Verification by ECHA of the declaration relating to the size of the enterprise — Decision ordering the recovery of the uncollected amount of the total fees payable — Application for suspension of operation of the decision — Disregard of the procedural requirements — Inadmissibility
Case T‑553/10 Biodes v OHIM – Manasul Internacional (FARMASUL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FARMASUL — Earlier Spanish figurative mark MANASUL — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑624/11 Yueqing Onesto Electric v OHIM – Ensto (ONESTO)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ONESTO — Earlier Community figurative mark ENSTO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑495/10 Bank Saderat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Entity wholly owned by an entity identified as being involved in nuclear proliferation — Plea of illegality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Case T‑92/11 Andersen v Commission
State aid — Aid granted by the Danish authorities to the public undertaking DSB — Public service contracts for the supply of passenger rail transport services between Copenhagen and Ystad — Decision declaring the aid compatible with the internal market subject to conditions — Temporal application of rules of substantive law
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Judgment of the General Court (Fifth Chamber) of 20 March 2013 ECLI:EU:T:2013:143 (Appeal: Case before the Court of Justice C-303/13 P) |
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Case T‑489/11 Rousse Industry v Commission
State aid — Aid granted by Bulgaria in the form of a debt waiver — Decision declaring that aid incompatible with the internal market and ordering its recovery — New aid — Distortion of competition — Obligation to state reasons
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Judgment of the General Court (Fourth Chamber) of 20 March 2013 ECLI:EU:T:2013:144 (Appeal: Case before the Court of Justice C-271/13 P) |
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Case T‑277/12 Bimbo v OHIM – Café do Brasil (Caffè KIMBO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Caffè KIMBO — Earlier national word mark BIMBO — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 20 March 2013 ECLI:EU:T:2013:146 (Appeal: Case before the Court of Justice C-285/13 P) |
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Case T‑353/11 Event v OHIM – CBT Comunicación Multimedia (eventer EVENT MANAGEMENT SYSTEMS)
Community trade mark — Opposition proceedings — Application for Community figurative mark eventer EVENT MANAGEMENT SYSTEMS — Earlier national word mark Event — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑409/10 Bottega Veneta International v OHIM (Shape of a handbag)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a handbag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95
Case T‑410/10 Bottega Veneta International v OHIM (Shape of a bag)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bag — Absolute grounds for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Failure to take account of an element of the trade mark applied for — Rule No 9 of Regulation (EC) No 2868/95
Case T‑571/10 Fabryka Łożysk Tocznych-Kraśnik v OHIM – Impexmetal (FŁT-1)
Community trade mark — Opposition proceedings — Application for Community figurative mark FŁT‑1 — Earlier Community figurative mark FŁT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 22 March 2013 ECLI:EU:T:2013:150 (Appeal: Case before the Court of Justice C-292/13 P) |
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April 2013
Case T‑671/11 IPK International v Commission
Financial assistance for an ecological tourism project — Repayment of the amounts recovered — Decision taken following the annulment by the General Court of the earlier decision cancelling the assistance — Compensatory interest — Default interest — Calculation
Language of the case: German
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Judgment of the General Court (First Chamber), 10 April 2013
ECLI:EU:T:2013:163 (Appeal: Case before the Court of Justice C-336/13 P) |
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Case T‑401/08 Säveltäjäin Tekijänoikeustoimisto Teosto v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Language of the case: Finnish
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Judgment of the General Court (Sixth Chamber), 12 April 2013
ECLI:EU:T:2013:170 |
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Case T‑442/08 CISAC v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 12 April 2013
ECLI:EU:T:2013:188 |
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Case T‑383/10 Continental Bulldog Club Deutschland v OHIM (CONTINENTAL)
Community trade mark — Application for Community word mark CONTINENTAL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber), 17 April 2013
ECLI:EU:T:2013:193 |
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Joined Cases T‑99/09 and T‑308/09 Italy v Commission
ERDF — Campania Regional Operational Programme (ROP) 2000-2006 — Regulation (EC) No 1260/1999 — Article 32(3)(f) — Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal — Infringement procedure against Italy
Language of the case: Italian
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Judgment of the General Court (First Chamber), 19 April 2013
ECLI:EU:T:2013:200 (Appeal: Case before the Court of Justice C-385/13 P) |
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Case T‑526/10 Inuit Tapiriit Kanatami and Others v Commission
Trade in seal products — Regulation (EC) No 1007/2009 — Detailed rules for implementation — Regulation (EU) No 737/2010 — Prohibition on placing such products on the market — Exception in favour of Inuit communities — Plea of illegality — Legal basis — Subsidiarity — Proportionality — Misuse of powers
Language of the case: English
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Judgment of the General Court (Seventh Chamber), 25 April 2013
ECLI:EU:T:2013:215 (Appeal: Case before the Court of Justice C-398/13 P) |
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Case T‑304/11 Alumina v Council
Dumping — Imports of zeolite A powder originating in Bosnia and Herzegovina — Normal value — Representativeness of domestic sales — Profit margin — Ordinary course of trade
Language of the case: French
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Judgment of the General Court (Second Chamber), 30 April 2013
ECLI:EU:T:2013:224 (Appeal: Case before the Court of Justice C-393/13 P) |
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Information (on unpublished decisions)
Case T‑336/11 Italiana Calzature v OHIM – Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)
Community trade mark — Opposition proceedings — Application for Community figurative mark Giuseppe GIUSEPPE ZANOTTI DESIGN — Prior national figurative and Community word marks ZANOTTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 9 April 2013 ECLI:EU:T:2013:156 (Appeal: Case before the Court of Justice C-308/13 P) |
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Case T‑337/11 Italiana Calzature v OHIM – Vicini (Giuseppe BY GIUSEPPE ZANOTTI)
Community trade mark — Opposition proceedings — Application for Community figurative mark Giuseppe BY GIUSEPPE ZANOTTI — Prior Community word mark ZANOTTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 9 April 2013 ECLI:EU:T:2013:157 (Appeal: Case before the Court of Justice C-309/13 P) |
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Case T‑505/10 Höganäs v OHIM – Haynes (ASTALOY)
Community trade mark — Opposition proceedings — Application for Community word mark ASTALOY — Earlier Community word mark HASTELLOY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Coexistence of trade marks
Case T‑87/11 GRP Security v Court of Auditors
Arbitration clause — Public service contracts — Surveillance and security services for the buildings of the Court of Auditors — Action for annulment — Decision unilaterally to terminate the contract with application for payment of damages and interest — Measure of a contractual nature — Action not reclassified — Inadmissibility — Decision to impose a penalty of exclusion for three months — Interest in bringing proceedings — Rights of defence — Serious breach of obligations — Principle that penalties must have a proper legal basis — Misuse of powers — Proportionality
Case T‑360/11 Fercal v OHIM – Parfums Rochas (PATRIZIA ROCHA)
Community trade mark — Opposition proceedings — Application for the Community word mark PATRIZIA ROCHA — Earlier national word mark ROCHAS — Refusal to register by the Opposition Division — Inadmissibility of the action brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 10 April 2013 ECLI:EU:T:2013:162 (Appeal: Case before the Court of Justice C-324/13 P) |
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Case T‑294/10 CBp Carbon Industries v OHIM (CARBON GREEN)
Community trade mark — International registration designating the European Community — Community word mark CARBON GREEN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑31/07 Du Pont de Nemours (France) and Others v Commission
Plant protection products — Active substance flusilazole — Inclusion of flusilazole in Annex I to Directive 91/414/EEC — Actions for annulment — Partial annulment — Non-severability — Inadmissibility — Non-contractual liability — Limiting the inclusion for a period of 18 months and for four crops — Precautionary principle — Principle of proportionality — Right to be heard — Equal treatment — Statement of reasons — Misuse of powers — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T‑392/08 AEPI v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national societies — Concerted practices precluding the possibility of granting multi‑territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑398/08 Stowarzyszenie Autorów ZAiKS v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑410/08 GEMA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑411/08 Artisjus v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑413/08 SOZA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑414/08 Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑415/08 Irish Music Rights Organisation v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑416/08 Eesti Autorite Ühing v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑417/08 Sociedade Portuguesa de Autores v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑418/08 OSA v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑419/08 LATGA-A v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑420/08 SAZAS v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑421/08 Performing Right Society v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑422/08 SACEM v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑425/08 Koda v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑428/08 STEF v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑432/08 AKM v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to the public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practice excluding the possibility of granting multi-territorial, multi-repertoire licences — Evidence — Presumption of innocence
Case T‑433/08 SIAE v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑434/08 Tono v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Proof — Presumption of innocence
Case T‑451/08 Stim v Commission
Competition — Agreements, decisions and concerted practices — Copyright relating to public performance of musical works via the internet, satellite and cable retransmission — Decision finding an infringement of Article 81 EC — Sharing of the geographic market — Bilateral agreements between national collecting societies — Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences — Article 151(4) EC — Cultural diversity
Case T‑404/11 TCMFG v Council
Common Foreign and Security Policy — Restrictive measures against Iran intended to prevent nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑506/11 Peek & Cloppenburg v OHIM – Peek & Cloppenburg (Peek & Cloppenburg)
Community trade mark — Opposition proceedings — Application for Community word mark Peek & Cloppenburg — Earlier national commercial name Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 18 April 2013 ECLI:EU:T:2013:197 (Appeal: Case before the Court of Justice C-325/13 P) |
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Case T‑507/11 Peek & Cloppenburg v OHIM – Peek & Cloppenburg (Peek & Cloppenburg)
Community trade mark — Opposition proceedings — Application for Community word mark Peek & Cloppenburg — Earlier national commercial name Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 18 April 2013 ECLI:EU:T:2013:198 (Appeal: Case before the Court of Justice C-326/13 P) |
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Case T‑347/10 Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a bottle with an embossed pattern — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of declaration as to the scope of the protection — Article 37(2) of Regulation No 207/2009 — Infringements of the rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T‑51/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
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Judgment of the General Court (Seventh Chamber) of 19 April 2013 ECLI:EU:T:2013:203 (Appeal: Case before the Court of Justice C-379/13 P) |
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Case T‑52/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
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Judgment of the General Court (Seventh Chamber) of 19 April 2013 ECLI:EU:T:2013:204 (Appeal: Case before the Court of Justice C-380/13 P) |
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Case T‑53/11 Aecops v Commission
ESF — Training operations — Reduction in financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Time-bar — Legal certainty — Rights of the defence — Reasonable period — Duty to state reasons
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Judgment of the General Court (Seventh Chamber) of 19 April 2013 ECLI:EU:T:2013:205 (Appeal: Case before the Court of Justice C-381/13 P) |
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Case T‑454/11 Luna v OHIM – Asteris (Al bustan)
Community trade mark — Invalidity proceedings — Community figurative mark Al bustan — Earlier national figurative mark ALBUSTAN — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009
Case T‑537/11 Hultafors Group v OHIM – Società Italiana Calzature (Snickers)
Community trade mark — Opposition proceedings — Application for Community figurative mark Snickers — Earlier national word mark KICKERS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑109/11 Apollo Tyres v OHIM – Endurance Technologies (ENDURACE)
Community trade mark — Opposition proceedings — Application for the Community word mark ENDURACE — Earlier Community figurative mark ENDURANCE — Relative grounds for refusal — Similarity of the goods and services — Similarity of the signs — Partial refusal of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T‑32/08 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Market analysis in view of developing a new approach for a website — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment — Selection criteria and award criteria — Non-contractual liability
Case T‑80/10 Bell & Ross v OHIM – KIN (Wristwatch case)
Community design — Invalidity proceedings — Registered Community design or model representing a wristwatch case — Earlier design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Related to a counterclaim for a declaration of invalidity — Community design court — Article 91 of Regulation No 6/2002
Case T‑119/11 Gbagbo v Council
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Alteration of heads of claim — Obligation to state reasons — Manifest error of assessment — Misuse of power — Rights of the defence — Right to property
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Judgment of the General Court (Fifth Chamber) of 25 April 2013 ECLI:EU:T:2013:216 (Appeal: Case before the Court of Justice C-397/13 P) |
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Case T‑130/11 Gossio v Council
Common foreign and security policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑284/11 Metropolis Inmobiliarias y Restauraciones v OHIM – MIP Metro (METROINVEST)
Community trade mark — Opposition proceedings — Application for Community word mark METROINVEST — Earlier national figurative mark METRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Principle of non-discrimination — Right to a fair hearing
Case T‑55/12 Chen v OHIM – AM Denmark (Cleaning device)
Community design — Invalidity proceedings — Registered Community design representing a cleaning device — Community three-dimensional mark representing a cleaning device fitted with a spraying device and a sponge — Declaration of invalidity
Case T‑145/12 Bayerische Motoren Werke v OHIM (ECO PRO)
Community trade mark — International registration designating the European Community — Word mark ECO PRO — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑44/13 R AbbVie and AbbVie v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA containing information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
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Order of the President of the General Court of 25 April 2013 ECLI:EU:T:2013:221 (Appeal: Case before the Court of Justice C-389/13 P(R)) |
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Case T‑73/13 R InterMune UK and Others v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA containing information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
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Order of the President of the General Court of 25 April 2013 ECLI:EU:T:2013:222 (Appeal: Case before the Court of Justice C-390/13 P(R)) |
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Case T‑355/12 Marcuccio v Court of Justice
Non-contractual liability — Refusal of the Court registry to accept letters from the applicant to the First Advocate General of the Court — Application to open proceedings to re-examine certain decisions terminating proceedings by the General Court in cases under appeal — Action manifestly devoid of legal foundation — Article 111 of the Rules of Procedure of the General Court
Case T‑640/11 Boehringer Ingelheim International v OHIM (RELY-ABLE)
Community trade mark — International registration designating the European Community — Word mark RELY-ABLE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ground included for sake of completeness
Case T‑61/12 ABC-One v OHIM (SLIM BELLY)
Community trade mark — Application for Community word mark SLIM BELLY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
May 2013
Case T‑579/10 macros consult v OHIM – MIP Metro (makro)
Community trade mark — Invalidity proceedings — Community figurative mark makro — Company name macros consult GmbH — Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for — Non-registered signs protected under German law — Article 5 of the Markengesetz — Article 8(4), Article 53(1)(c) and Article 65 of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (First Chamber), 7 May 2013
ECLI:EU:T:2013:232 |
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Case T‑249/11 Sanco v OHIM – Marsalman (Representation of a chicken)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing a chicken — Earlier national figurative mark representing a chicken — Relative ground for refusal — Similarity between goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
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Judgment of the General Court (First Chamber), 14 May 2013
ECLI:EU:T:2013:238 (Appeal: Case before the Court of Justice C-411/13 P) |
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Case T‑244/12 Unister v OHIM (fluege.de)
Community trade mark — Application for the Community word mark fluege.de — Absolute grounds for refusal — Descriptive character — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(2) and (3) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber), 14 May 2013
ECLI:EU:T:2013:243 |
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Case T‑198/12 R Germany v Commission
Interim relief — Limit values for antimony, arsenic, barium, lead and mercury in toys — Commission’s refusal to approve in full the national provisions notified by the German authorities and maintaining limit values for those substances — Application for interim measures — Admissibility — Urgency — Prima facie case — Weighing up of the interests
Language of the case: German
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Order of the President of the General Court, 15 May 2013
ECLI:EU:T:2013:245 (Appeal: Case before the Court of Justice C-426/13 P(R)) |
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Case T‑146/09 Parker ITR and Parker-Hannifin v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Legitimate expectations — Ceiling of 10% — Mitigating circumstances — Cooperation
Language of the case: English
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Judgment of the General Court (First Chamber), 17 May 2013
ECLI:EU:T:2013:258 (Appeal: Case before the Court of Justice C-434/13 P) |
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Joined Cases T‑147/09 and T‑148/09 Trelleborg Industrie and Trelleborg v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and the exchange of commercially sensitive information — Concept of continuing or repeated infringement — Limitation period — Legal certainty — Equal treatment — Fines — Gravity and duration of the infringement
Language of the case: English
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Judgment of the General Court (First Chamber), 17 May 2013
ECLI:EU:T:2013:259 |
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Case T‑154/09 MRI v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing, market-sharing and exchange of commercially sensitive information — Concept of a continuous or repeated infringement — Limitation period — Obligation to state reasons — Equal treatment — Legitimate expectation — Fines — Gravity and duration of the infringement — Mitigating circumstances — Cooperation
Language of the case: Italian
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Judgment of the General Court (First Chamber), 17 May 2013
ECLI:EU:T:2013:260 |
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Case T‑278/07 P-DEP Marcuccio v Commission
Procedure — Taxation of costs — Lawyers’ fees — Representation of an institution by a lawyer — Recoverable costs
Language of the case: Italian
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Order of the General Court (Appeal Chamber), 28 May 2013
ECLI:EU:T:2013:269 |
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Case T‑187/11 Trabelsi and Others v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Article 17(1) of the Charter of Fundamental Rights of the European Union — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Language of the case: French
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Judgment of the General Court (Third Chamber), 28 May 2013
ECLI:EU:T:2013:273 |
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Case T‑384/10 Spain v Commission
Cohesion Fund — Regulation (EC) No 1164/94 — Projects involving water supply to settlements in the Guadiana basin in the Andévalo area, drainage and water treatment in the Guadalquivir basin and water supply to multi-municipal systems in the provinces of Granada and Malaga — Partial cancellation of financial assistance — Public works contracts and public service contracts — Definition of work — Splitting of contracts — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality
Language of the case: Spanish
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Judgment of the General Court (First Chamber), 29 May 2013
ECLI:EU:T:2013:277 (Appeal: Case before the Court of Justice C-429/13 P) |
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Joined Cases T‑454/10 and T‑482/11 Anicav and Others v Commission
Agriculture — Common organisation of the markets — Aid in the fruit and vegetable sector — Actions for annulment — Whether directly concerned — Admissibility — Processed fruit and vegetables — Operational funds and operational programmes — Funding of ‘[non-]genuine processing activities’
Language of the case: English
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Judgment of the General Court (Second Chamber), 30 May 2013
ECLI:EU:T:2013:282 (Appeal: Case before the Court of Justice C-455/13 P) (Appeal: Case before the Court of Justice C-457/13 P) (Appeal: Case before the Court of Justice C-460/13 P) |
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Case T‑396/11 ultra air v OHIM – Donaldson Filtration Deutschland (ultrafilter international)
Community trade mark — Invalidity proceedings — Community word mark ultrafilter international — Absolute ground for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Abuse of rights
Language of the case: German
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Judgment of the General Court (Second Chamber), 30 May 2013
ECLI:EU:T:2013:284 (Appeal: Case before the Court of Justice C-450/13 P) |
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Information (on unpublished decisions)
Case T‑288/11 Kieffer Omnitec v Commission
Public service contracts — Procurement procedure — Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg — Rejection of a tenderer’s bid — Equal treatment — Transparency — Proportionality — Manifest error of assessment — Duty to state reasons
Case T‑577/11 Ethniko kai Kapodistriako Panepistimio Athinon v ECDC
Action for annulment — Public service contracts — Tendering procedure — Provision to the ECDC of systematic review and expert guidance services on the public health effectiveness of molecular typing of viral pathogens — Rejection of a tenderer’s bid — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑165/13 R Talanton v Commission
Interim relief — Arbitration clause — Contracts entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Repayment of sums paid — Application for stay of execution — No urgency
Case T‑273/11 Régie Networks and NRJ Global v Commission
Action for annulment — State aid — State aid scheme implemented by France in favour of radio broadcasting — Decision not to raise objections — Lack of interest in bringing proceedings — Manifest inadmissibility
Cases T‑321/11 and T‑322/11 Morelli v OHIM – Associazone nazionale circolo del popolo della libertà and Brambilla (PARTITO DELLA LIBERTA' and Partito della Libertà)
Community trade mark — Opposition proceedings — Application for a Community word mark PARTITO DELLA LIBERTA’ and the Community figurative mark Partito della Libertà — Name of the earlier national domain name ‘partitodellaliberta.it’ — Article 8(4) of Regulation (EC) No 207/2009 — Failure to demonstrate the use of the earlier domain name ‘partitodellaliberta.it’ in the course of trade
Case T‑393/11 Masottina v OHIM – Bodegas Cooperativas de Alicante (CA' MARINA)
Community trade mark — Opposition proceedings — Application for Community word mark CA’ MARINA — Earlier Community word mark MARINA ALTA — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑19/12 Fabryka Łożysk Tocznych-Kraśnik v OHIM – Impexmetal (IKFŁT KRAŚNIK)
Community trade mark — Opposition proceedings — Application for Community figurative mark IKFŁT KRAŚNIK — Earlier Community figurative mark FŁT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 14 May 2013 ECLI:EU:T:2013:242 (Appeal: Case before the Court of Justice C-415/13 P) |
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Case T‑413/12 Post Invest Europe v Commission
Action for annulment — State aid — Aid granted by the Belgian authorities to De Post-La Poste (now bpost) — Compensation for public service costs — Decision declaring the aid in part incompatible with the internal market and ordering its recovery — Lack of interest in bringing proceedings — Inadmissibility — Offers of further evidence
Case T‑437/10 Gap SA granen & producten v Commission
Non-contractual liability — Import of high-quality durum wheat — Import duties — Regulation (EC) No 919/2009 — Regulation (EC) No 1249/96 — Sufficiently serious breach of a rule of law conferring rights on individuals — Material loss — Causal link
Case T‑508/10 Seba Diş Tįcaret ve Naklįyat v OHIM – von Eicken (ESTABLISHED 1932 SEBA TRADITION)
Community trade mark — Invalidity proceedings — Community figurative mark SEBA TRADITION — Earlier national figurative mark JOHANN WILHELM VON EICKEN TRADITION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑530/10 Reber v OHIM – Klusmeier (Wolfgang Amadeus Mozart PREMIUM)
Community trade mark — Opposition proceedings — Application for Community word mark Wolfgang Amadeus Mozart PREMIUM — Earlier national figurative marks W. Amadeus Mozart — No genuine use of the earlier mark — Article 15(1), first subparagraph and second subparagraph (a), and Article 42(2) and (3) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 16 May 2013 ECLI:EU:T:2013:250 (Appeal: Case before the Court of Justice C-414/13 P) |
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Case T‑80/11 Nath Kalsi and Nath Kalsi v OHIM – American Clothing Associates (RIDGE WOOD)
Community trade mark — Opposition proceedings — Application for Community figurative mark RIDGE WOOD — Earlier Community figurative mark River Woods North-Eastern Suppliers — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑356/11 Restoin v OHIM (EQUIPMENT)
Community trade mark — Application for Community word mark EQUIPMENT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑392/11 Iran Transfo v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑559/11 BytyOKD v Commission
Action for annulment — State aid — Sale by the Czech Republic of its minority shareholding in the company OKD as part of a privatisation — Decision finding no State aid — Professional association — No individual concern — Concept of party concerned — Inadmissibility
Case T‑104/12 Verus v OHIM – Performance Industries Manufacturing (VORTEX)
Community trade mark — Opposition procedure — Application for Community word mark VORTEX — Earlier Community word mark VORTEX — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right of priority — Article 29 of Regulation No 207/2009 — Partial surrender — Article 50 of Regulation No 207/2009 — Infringement of the right to be heard — Article 75, second sentence, of Regulation No 207/2009
Case T‑353/12 Aleris v OHIM – Carefusion 303 (ALARIS)
Community trade mark — Revocation proceedings — Community word mark ALARIS — Genuine use of the mark — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009
Case T‑294/11 Greece v Commission
EAGGF — ‘Guarantee section’ — EAGF and EAFRD — Expenditure excluded from financing — Olive oil — Arable crops — Manifest error of assessment — Increase in the correction due to recurrence of the infringement — Effect of the reform of the CAP on the correction — Proportionality — Nature of the expenditure intended for the establishment of the Olive GIS
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Judgment of the General Court (Seventh Chamber) of 17 May 2013 ECLI:EU:T:2013:261 (Appeal: Case before the Court of Justice C-391/13 P) |
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Case T‑335/11 Bulgaria v Commission
EAGF and EAFRD — Expenditure excluded from financing — Single area payment — ‘Disadvantaged areas’ — Complementary national direct payments — Operation of the geographic information system and of the identification system for agricultural parcels — Article 31 of Regulation (EC) No 1290/2005 — Proportionality — Legal certainty — obligation to state reasons
Case T‑502/11 Sanofi Pasteur MSD v OHIM – Mundipharma (Representation of two crossing sickles)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing two crossing sickles — Earlier national and international figurative marks representing two interlaced ribbons — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑231/12 Rocket Dog Brands v OHIM – Julius-K9 (JULIUS K9)
Community trade mark — Opposition proceedings — Application for Community word mark JULIUS K9 — Earlier Community figurative marks K9 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑405/12 FH v Commission
Action for annulment and damages — Decision of the Commission to withdraw from the applicant the documents giving him access to Commission buildings — Action for annulment — Lack of interest in bringing proceedings — Inadmissibility — Action for damages — Causal link — Harm — Action manifestly unfounded in law
Case T‑178/11 Voss of Norway v OHIM – Nordic Spirit (Cylindrical shape of a bottle)
Community trade mark — Cancellation proceedings — Three-dimensional Community trade mark depicting the cylindrical shape of a bottle — Absolute grounds for refusal
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Judgment of the General Court (First Chamber) of 28 May 2013 ECLI:EU:T:2013:272 (Appeal: Case before the Court of Justice C-445/13 P) |
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Case T‑188/11 Chiboub v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis
Case T‑200/11 Al Matri v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — No legal basis
Case T‑280/09 Morte Navarro v Parliament
Petition addressed to the European Parliament — Decision to take no further action on the petition — Action for annulment — Act adversely affecting an official — Admissibility — Obligation to state reasons — Petition not falling within an area of activity of the European Union
Case T‑214/10 Moselland v OHIM – Renta Siete (DIVINUS)
Community trade mark — Opposition proceedings — Application for Community word mark DIVINUS — Earlier national figurative mark MOSELLAND Divinum — Existence, validity and extent of the protection of the earlier right — Proof
Case T‑218/10 DHL International v OHIM – Service Point Solutions (SERVICEPOINT)
Community trade mark — Opposition proceedings — Application for Community figurative mark SERVICEPOINT — Earlier Community marks ServicePoint and earlier national marks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009
Case T‑74/11 Omnis Group v Commission
Competition — Abuse of dominant position — Market for the provision of Enterprise Resource Planning software (ERP) and Enterprise Application Software (EAS) — Decision rejecting a complaint — No European Union interest
Case T‑115/12 Buzil-Werk Wagner v OHIM – Roca Sanitario (Roca)
Community trade mark — Opposition proceedings — Application for Community word mark Roca — Earlier national figurative mark ROCA and earlier international figurative mark Roca — Relative ground for refusal — Similarity of the goods — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑172/12 Brauerei Beck v OHIM – Aldi (Be Light)
Community trade mark — Opposition proceedings — Application for Community figurative mark Be Light — Earlier Community mark BECK’s — Relative ground for refusal — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
June 2013
Case T‑514/11 i-content v OHIM – Decathlon (BETWIN)
Community trade mark — Opposition proceedings — Application for Community word mark BETWIN — Earlier Community figurative mark b’Twin — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Third Chamber), 4 June 2013 (publication by extracts)
ECLI:EU:T:2013:291 |
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Case T‑213/12 Elitaliana v Eulex Kosovo and Starlite Aviation Operations
Action for annulment — Public service contracts — Tender procedure — Helicopter support to the Eulex Kosovo Mission — Rejection of a tenderer’s bid — No legal capacity to be a defendant — Inadmissibility
Language of the case: Italian
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Order of the General Court (Seventh Chamber), 4 June 2013
ECLI:EU:T:2013:292 (Appeal: Case before the Court of Justice C-439/13 P) |
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Case T‑65/11 Recombined Dairy System v Commission
Customs union — Import of lactoglobulin concentrates from New Zealand — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92
Language of the case: Danish
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Judgment of the General Court (Second Chamber), 5 June 2013
ECLI:EU:T:2013:295 |
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Case T‑68/11 Kastenholz v OHIM – Qwatchme (Watch dials)
Community design — Invalidity proceedings — Community design representing watch dials — Earlier unregistered designs — Ground for invalidity — Novelty — Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 — Individual character — Different overall impression — Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 — Earlier copyright — Article 25(1)(f) of Regulation No 6/2002
Language of the case: German
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Judgment of the General Court (Sixth Chamber), 6 June 2013
ECLI:EU:T:2013:298 (Appeal: Case before the Court of Justice C-435/13 P) |
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Case T‑279/11 T & L Sugars and Sidul Açúcares v Commission
Agriculture — Exceptional measures concerning the release of out-of-quota sugar on the Union market and opening a tariff quota — Action for annulment — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility — Action for damages
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 6 June 2013
ECLI:EU:T:2013:299 (Appeal: Case before the Court of Justice C-456/13 P) |
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Case T‑267/07 Italy v Commission
EAGGF — Guarantee Section — Clearance of accounts — Expenditure excluded from financing — Excessive delay in the assessment by the Commission of the communications sent pursuant to Article 5(2) of Regulation (EEC) No 595/91 — Article 32(5) of Regulation (EC) No 1290/2005 — Obligation to state reasons — Reasonable time
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber), 7 June 2013
ECLI:EU:T:2013:305 |
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Case T‑2/11 Portugal v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred in connection with the POSEI measure (financial years 2005, 2006 and 2007)
Language of the case: Portuguese
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Judgment of the General Court (Eighth Chamber), 7 June 2013
ECLI:EU:T:2013:307 |
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Case T‑93/11 Stichting Corporate Europe Observatory v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the negotiations between the European Union and the Republic of India for the purposes of concluding a free trade agreement — Refusal of access — Exception relating to the protection of the public interest in the field of international relations — Documents which have entered the public domain — Non-imposition of a restriction on disclosure of documents
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 7 June 2013
ECLI:EU:T:2013:308 (Appeal: Case before the Court of Justice C-399/13 P) |
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Case T‑404/08 Fluorsid and Minmet v Commission
Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Action for annulment — Period allowed for commencing proceedings — Out of time — Inadmissibility — Price-fixing and market-sharing — Evidence of the infringement — Rights of defence — Definition of the relevant market — Fines — Gravity of the infringement — 2006 Guidelines on fines
Language of the case: Italian
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Judgment of the General Court (First Chamber), 18 June 2013
ECLI:EU:T:2013:321 |
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Case T‑406/08 ICF v Commission
Competition — Agreements, decisions and concerted practices — World market in aluminium fluoride — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing and market-sharing — Evidence of the infringement — Rights of the defence — Consistency between the statement of objections and the contested decision — Fines — 2006 Guidelines on fines — Euro-Mediterranean Agreement
Language of the case: French
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Judgment of the General Court (First Chamber), 18 June 2013
ECLI:EU:T:2013:322 (Appeal: Case before the Court of Justice C-467/13 P) |
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Case T‑509/09 Portugal v Commission
Fisheries — Financial contribution for the implementation of control and surveillance systems — Decision not to reimburse the expenditure incurred for the acquisition of two ocean patrol vessels — Article 296 EC — Directive 93/36/EEC — Legitimate expectations — Obligation to state reasons
Language of the case: Portuguese
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Judgment of the General Court (First Chamber), 18 June 2013
ECLI:EU:T:2013:323 |
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Information (on unpublished decisions)
Joined Cases T‑431/10 and T‑560/10 Nencini v Parliament
Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament — Travel and parliamentary assistance expenses — Recovery of undue payments — Limitation period — Reasonable period — Rights of the defence — Principle of audi alteram partem — Proportionality
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Judgment of the General Court (Third Chamber) of 4 June 2013 ECLI:EU:T:2013:290 (Appeal: Case before the Court of Justice C-447/13 P) |
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Case T‑201/13 R Rubinum v Commission
Interim relief — Authorisation of feed additives — Regulation on the suspension of the authorisations of the preparation of Bacillus cereus var. toyoi — Application for suspension of operation of a measure — Urgency — Weighing up of interests
Case T‑515/11 Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)
Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 6 June 2013 ECLI:EU:T:2013:300 (Appeal: Case before the Court of Justice C-448/13 P) |
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Case T‑580/11 McNeil v OHIM – Alkalon (NICORONO)
Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑668/11 VIP Car Solutions v Parliament
Non-contractual liability — Public service contracts — Community procurement procedure — Transport of Members of the European Parliament in chauffeur-driven cars and minibuses during sessions at Strasbourg — Rejection of the bid of a tenderer — Annulment by the General Court of the rejection decision — Loss allegedly suffered following the decision rejecting the applicant’s bid — Action for damages
Case T‑126/12 Interroll v OHIM (Inspired by efficiency)
Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑411/12 Celtipharm v OHIM – Alliance Healthcare France (PHARMASTREET)
Community trade mark — Opposition proceedings — Application for Community word mark PHARMASTREET — Earlier national word mark PHARMASEE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑405/08 Spar Österreichische Warenhandels v Commission
Competition — Concentrations — Markets for everyday consumer goods — Decision declaring the concentration compatible with the internal market — Commitments — Manifest error of assessment — Right to be heard — Duty to state reasons
Case T‑598/11 MPDV Mikrolab v OHIM (Lean Performance Index)
Community trade mark — Application for Community word mark Lean Performance Index — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Cases T‑128/12 and T‑182/12 HTTS v Council
Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment
Case T‑636/11 Hostel drap v OHIM – Aznar textil (MY drap)
Community trade mark — Opposition proceedings — Application for Community figurative mark MY drap — Earlier Community figurative mark BON DRAP — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑219/11 Otero González v OHIM – Apli-Agipa (AGIPA)
Community trade mark — Opposition proceedings — Application for the Community word mark AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑522/11 Otero González v OHIM – Apli-Agipa (APLI-AGIPA)
Community trade mark — Opposition proceedings — Application for the Community word mark APLI-AGIPA — Earlier national word mark AGIPA — Relative ground for refusal — Likelihood of confusion — Comparison of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑338/12 Rocket Dog Brands v OHIM – Julius-K9 (K9 PRODUCTS)
Community trade mark — Invalidity proceedings — Community figurative mark K9 PRODUCTS — Earlier Community figurative mark K9 — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑505/11 Aldi v OHIM – Dialcos (dialdi)
Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑248/11 International Engine Intellectual Property Company v OHIM (PURE POWER)
Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑608/11 Beifa Group v OHIM – Schwan-Stabilo Schwanhäußer (Instruments for writing)
Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative and three-dimensional trademarks — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Decision taken following the annulment by the General Court of an earlier decision
Case T‑89/12 Repsol YPF v OHIM – Ajuntament de Roses (R)
Community trade mark — Opposition proceedings — Application for Community figurative mark R — Earlier national figurative mark R — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 27 June 2013 ECLI:EU:T:2013:335 (Appeal: Case before the Court of Justice C-466/13 P) |
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Case T‑367/12 MOL v OHIM – Banco Bilbao Vizcaya Argentaria (MOL Blue Card)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark MOL Blue Card — Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 27 June 2013 ECLI:EU:T:2013:336 (Appeal: Case before the Court of Justice C-468/13 P) |
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July 2013
Case T‑236/12 Airbus v OHIM (NEO)
Community trade mark — Application for the Community word mark NEO — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Examination as to the merits conditional on the admissibility of the action — Articles 59 and 64(1) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76 of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Third Chamber), 3 July 2013
ECLI:EU:T:2013:343 |
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Case T‑301/12 Laboratoires CTRS v Commission
Medicinal products for human use — Application for authorisation to market the medicinal product Orphacol — Commission decision refusing to grant authorisation — Regulation (EC) No 726/2004 — Directive 2001/83/EC — Well-established medicinal use — Exceptional circumstances
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 4 July 2013
ECLI:EU:T:2013:346 |
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Case T‑234/11 P-RENV-RX Arango Jaramillo and Others v EIB
Appeal — Civil service — Staff of the EIB — Review of the judgment of the General Court — Action at first instance dismissed as inadmissible — Pensions — Increase in the contribution to the pension scheme — Time-limit for bringing proceedings — Reasonable period
Language of the case: French
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Judgment of the General Court (Appeal Chamber), 9 July 2013
ECLI:EU:T:2013:348 |
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Case T‑3/12 Kreyenberg v OHIM – Commission (MEMBER OF €e euro experts)
Community trade mark — Invalidity procedure — Community figurative trade mark MEMBER OF €e euro experts — Absolute ground of refusal — Emblems of the Union and its areas of activity — Euro symbol — Article 7(1)(i) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Third Chamber), 10 July 2013
ECLI:EU:T:2013:364 |
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Case T‑469/07 Philips Lighting Poland and Philips Lighting v Council
Dumping — Imports of integrated electronic compact fluorescent lamps (CFL‑i) originating in China, Vietnam, Pakistan and the Philippines — Expiry of anti-dumping measures — Review — Articles 4(1), 5(4) and 9(1) of Regulation (EC) No 384/96 (now Articles 4(1), 5(4), and 9(1) of Regulation (EC) No 1225/2009) — Concept of Community industry — Determination of injury — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 11 July 2013
ECLI:EU:T:2013:370 (Appeal: Case before the Court of Justice C-511/13 P) |
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Case T‑358/08 Spain v Commission
Cohesion fund — Regulation (EC) No 1174/94 — Zaragoza waste-water treatment project — Partial withdrawal of financial assistance — Public procurement — Concept of work — Article 14(10) and (13) of Directive 93/38 — Splitting of contracts — Legitimate expectation — Obligation to state reasons — Time limit for adoption of a decision — Fixing financial corrections — Article H, paragraph 2, of Annex II to Regulation No 1164/94 — Proportionality — Limitation period
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 11 July 2013 (Extracts)
ECLI:EU:T:2013:371 (Appeal: Case before the Court of Justice C-513/13 P) |
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Case T‑321/10 SA.PAR. v OHIM – Salini Costruttori (GRUPPO SALINI)
Community trade mark — Invalidity proceedings — Community word mark GRUPPO SALINI — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber), 11 July 2013
ECLI:EU:T:2013:372 |
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Information (on unpublished decisions)
Case T‑209/11 MB System v Commission
State aid — Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking — Decision declaring the aid incompatible with the internal market — Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure — Advantage — Private investor test — Concept of firm in difficulty — Calculation of the aid element — Manifest error of assessment
Case T‑78/12 GRE v OHIM – Villiger Söhne (LIBERTE brunes)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE brunes — Earlier Community word and figurative marks La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 3 July 2013 ECLI:EU:T:2013:339 (Appeal: Case before the Court of Justice C-496/13 P) |
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Case T‑106/12 Cytochroma Development v OHIM – Teva Pharmaceutical Industries (ALPHAREN)
Community trade mark — Opposition proceedings — Application for the Community word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal — Article 65(6) of Regulation (EC) No 207/2009 — Composition of the Boards of Appeal — Article 1(d) of Regulation (EC) No 216/96
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Judgment of the General Court (Third Chamber) of 3 July 2013 ECLI:EU:T:2013:340 (Appeal: Case before the Court of Justice C-490/13 P) |
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Case T‑205/12 GRE v OHIM – Villiger Söhne (LIBERTE american blend against a blue background)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community figurative mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 3 July 2013 ECLI:EU:T:2013:341 (Appeal: Case before the Court of Justice C-494/13 P) |
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Case T‑206/12 GRE v OHIM – Villiger Söhne (LIBERTE american blend against a red background)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIBERTE american blend — Earlier Community word mark La LIBERTAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 3 July 2013 ECLI:EU:T:2013:342 (Appeal: Case before the Court of Justice C-495/13 P) |
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Case T‑243/12 Warsteiner Brauerei Haus Cramer v OHIM – Stuffer (ALOHA 100% NATURAL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark ALOHA 100% NATURAL — Earlier national word mark ALOA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑313/13 R Codacons v Commission
Application for interim measures — Main action clearly inadmissible — No need to adjudicate
Case T‑589/10 Just Music Fernsehbetriebs v OHIM – France Télécom (Jukebox)
Community trade mark — Opposition proceedings — Revocation of the earlier Community mark — No need to adjudicate
Case T‑309/12 R Zweckverband Tierkörperbeseitigung v Commission
Interim measures — Payment of contributions to an association governed by public law — State aid — Obligation to recover — Application to suspend enforcement — Urgency
Case T‑552/11 Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Action for annulment — Contract concerning financial assistance of the European Union for a project in the field of medical collaboration — Debit note — Contractual nature of the dispute — Measure not reviewable — Inadmissibility — Counterclaim for payment
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Judgment of the General Court (Fourth Chamber) of 9 July 2013 ECLI:EU:T:2013:349 (Appeal: Case before the Court of Justice C-506/13 P) |
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Joined Cases T‑108/07 and T‑354/08 Spira v Commission
Competition — Agreements and abuse of a dominant position — Rough diamond market — ‘Supplier of Choice’ (SOC) system of distribution — Decision rejecting a complaint — No Community interest — Procedural rights of a complainant — Access to documents — Obligations in relation to the investigation of a complaint — Market foreclosure effects — Manifest error of assessment
Case T‑459/07 Hangzhou Duralamp Electronics v Council
Dumping — Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines — Expiry of anti-dumping measures — Review — Like product — Data used to determine the injury — Similar country — Community interest — Article 4(1) and Article 5(4) of Regulation (EC) No 384/96 (now Article 4(1) and Article 5(4) of Regulation (EC) No 1225/2009) — Obligation to state reasons — Rights of the defence
Case T‑142/12 Aventis Pharmaceuticals v OHIM – Fasel (CULTRA)
Community trade mark — Opposition proceedings — Application for Community figurative trade mark CULTRA — Earlier national word marks SCULPTRA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑197/12 Metropolis Inmobiliarias y Restauraciones v OHIM – MIP Metro (METRO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark METRO — Earlier Community figurative mark GRUPOMETROPOLIS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to a fair hearing — Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms — Articles 75 and 76 of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 11 July 2013 ECLI:EU:T:2013:375 (Appeal: Case before the Court of Justice C-509/13 P) |
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Case T‑208/12 Think Schuhwerk v OHIM (Red shoelace end caps)
Community trade mark — Application for a Community trade mark — Red shoelace end caps — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Procedure by default
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Judgment of the General Court (Seventh Chamber) of 11 July 2013 ECLI:EU:T:2013:376 (Appeal: Case before the Court of Justice C-521/13 P) |
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Case T‑336/13 R Borghezio v Parliament
Interim relief — European Parliament — Measure excluding a Member of Parliament from his political group — Application to suspend enforcement — Manifest inadmissibility of the main action — Inadmissibility of the application — Lack of urgency
September 2013
Cases T‑35/10 and T‑7/11 Bank Melli Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Legitimate expectations — Review of the restrictive measures adopted — Error of assessment — Equal treatment — Legal basis — Essential procedural requirements — Proportionality
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:397 |
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Case T‑493/10 Persia International Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:398 |
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Case T‑24/11 Bank Refah Kargaran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:403 |
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Joined Cases T‑289/11, T‑290/11 and T‑521/11 Deutsche Bahn and Others v Commission
Competition — Administrative proceedings — Decision ordering an inspection — Powers of inspection of the Commission — Rights of defence — Proportionality — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:404 (Appeal: Case before the Court of Justice C-583/13 P) |
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Case T‑434/11 Europäisch-Iranische Handelsbank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:405 (Appeal: Case before the Court of Justice C-585/13 P) |
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Case T‑465/11 Globula v Commission
Internal market in natural gas — Directive 2003/55/EC — Obligation on natural gas undertakings to organise a system of negotiated third party access to gas storage facilities — Decision of the Czech authorities granting the applicant a temporary exemption for its future underground gas storage facilities in Dambořice — Commission decision ordering the Czech Republic to withdraw the exemption decision — Time at which Directive 2003/55 takes effect
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:406 (Appeal: Case before the Court of Justice C-596/13 P) |
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Case T‑6/12 Godrej Industries and VVF v Council
Dumping — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Adjustment for currency conversion claimed — Burden of proof — Injury — Definitive anti-dumping duty
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:408 |
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Case T‑110/12 Iranian Offshore Engineering & Construction v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for amendment of the form of order sought — Admissibility — Obligation to state reasons — Manifest error of assessment
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 6 September 2013
ECLI:EU:T:2013:411 |
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Case T‑400/11 Altadis v Commission
Actions for annulment — State aid — Aid scheme allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme to be incompatible with the common market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — No obligation to recover — Inadmissibility
Language of the case: Spanish
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Order of the General Court (Eighth Chamber), 9 September 2013
ECLI:EU:T:2013:490 |
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Case T‑556/11 European Dynamics Luxembourg and Others v OHIM
Action for annulment and damages — Public service contracts — Objection of inadmissibility — Action for annulment — First and fifth paragraphs of Article 263 TFEU — Article 122 of Regulation (EC) No 207/2009 — Action not premature — Status of defendant — Jurisdiction of the General Court — Action for damages — Article 44(1)(c) of the Rules of Procedure of the General Court — Admissibility
Language of the case: English
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Order of the General Court (First Chamber), 12 September 2013
ECLI:EU:T:2013:514 |
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Case T‑380/08 Netherlands v Commission
Access to documents — Regulation (EC) No 1049/2001 — Request seeking to obtain access to certain confidential passages of the final decision of the Commission relating to a cartel — Refusal of access — Obligation to state reasons — Obligation to carry out a specific, individual examination — Exception concerning the protection of privacy and the integrity of the individual — Exception concerning the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of investigations — Overriding public interest — Sincere cooperation
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber), 13 September 2013
ECLI:EU:T:2013:480 |
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Case T‑566/08 Total Raffinage Marketing v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Market for slack wax — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Proof of the existence of the cartel — Concept of single and continuous infringement — Duration of the infringement — Interruption of the infringement — 2006 Guidelines on the method of setting fines — Equal treatment — Presumption of innocence — Imputability of the unlawful conduct — Liability of a parent company for the infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption in the case of 100% shareholding — Proportionality — Rounding-up method — Unlimited jurisdiction
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 13 September 2013
ECLI:EU:T:2013:423 (Appeal: Case before the Court of Justice C-634/13 P) |
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Case T‑320/10 Fürstlich Castell'sches Domänenamt v OHIM – Castel Frères (CASTEL)
Community trade mark — Invalidity proceedings — Community word mark CASTEL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Admissibility — Absolute ground for refusal not put forward before the Board of Appeal — Examination of the facts by OHIM of its own motion — Article 76(1) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 13 September 2013
ECLI:EU:T:2013:424 (Appeal: Case before the Court of Justice C-622/13 P) |
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Case T‑111/11 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Studies received by the Commission concerning the transposition of directives on the environment — Partial refusal of access — Exception relating to protection of the purpose of inspections, investigations and audits — Specific and individual assessment — Compatibility with the Aarhus Convention — Overriding public interest — Consequences of exceeding the period for the adoption of an express decision — Extent of the obligation actively to disseminate environmental information
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 13 September 2013
ECLI:EU:T:2013:482 (Appeal: Case before the Court of Justice C-612/13 P) |
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Case T‑383/11 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Restrictions on entry into, or transit through, the territory of the European Union — Rights of defence — Obligation to state reasons — Manifest error of assessment — Fundamental rights
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 13 September 2013
ECLI:EU:T:2013:431 |
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Case T‑402/06 Spain v Commission
Cohesion Fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects implemented in Catalonia (Spain) — Partial cancellation of financial assistance — Public works and service contracts — Criteria for award of the contracts — Most economically advantageous tender — Equal treatment — Transparency — Abnormally low tender — Eligibility of expenditure — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality
Language of the case: Spanish
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Judgment of the General Court (First Chamber), 16 September 2013
ECLI:EU:T:2013:445 |
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Case T‑435/09 GL2006 Europe v Commission
Arbitration clause — Contracts for financial assistance concluded in the context of the Fifth and Sixth Framework Programmes for Community activities in the field of research and technological development and in the context of the eTEN Programme — Highway, J WeB, Care Paths, Cocoon, Secure-Justice, Qualeg, Lensis, E-Pharm Up, Liric, Grace, Clinic and E2SP projects — Termination of contracts — Reimbursement of amounts paid — Debit notes — Counterclaim — Representation of the applicant
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 16 September 2013
ECLI:EU:T:2013:439 |
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Case T‑333/10 ATC and Others v Commission
Non-contractual liability — Animal health — Protective measures in situations of crisis — Protection measures in relation to highly pathogenic avian influenza in certain third countries — Ban on imports of birds caught in the wild — Sufficiently serious breach of rules of law conferring rights on individuals — Manifest and serious disregard of the limits on discretion — Directives 91/496/EC and 92/65/EC — Precautionary principle — Duty of diligence — Proportionality
Language of the case: Dutch
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Judgment of the General Court (First Chamber), 16 September 2013
ECLI:EU:T:2013:451 |
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Case T‑376/10 Mamoli Robinetteria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Rights of the defence — 2002 Leniency Notice — Plea of illegality — Concept of agreements, decisions and concerted practices — Calculation of the fine — 2006 Guidelines on the method of setting fines — Gravity — Application of a multiplier to the additional sum
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:442 (Appeal: Case before the Court of Justice C-619/13 P) |
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Case T‑378/10 Masco and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single infringement
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:469 (Appeal: Case before the Court of Justice C-614/13 P) |
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Case T‑380/10 Wabco Europe and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Distortion of competition — Proof — Calculation of the fine — Cooperation during the administrative procedure — 2002 Leniency Notice — Immunity from fines — Reduction of the fine — Significant added value — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:449 |
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Case T‑386/10 Dornbracht v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Plea of illegality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Proportionality — Principle of non-retroactivity
Language of the case: German
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:450 (Appeal: Case before the Court of Justice C-604/13 P) |
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Case T‑396/10 Zucchetti Rubinetteria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Concept of infringement — Single infringement — Relevant market — 2006 Guidelines on the method of setting fines — Gravity — Application of a multiplier
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:446 (Appeal: Case before the Court of Justice C-618/13 P) |
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Case T‑408/10 Roca Sanitario v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Multipliers — Mitigating circumstances — Reduction of the fine — Significant added value
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:440 (Appeal: Case before the Court of Justice C-636/13 P) |
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Case T‑411/10 Laufen Austria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Multipliers — Mitigating circumstances — Economic crisis — Pressure exerted by wholesalers — 2002 Leniency Notice — Reduction of the fine — Significant added value
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:443 (Appeal: Case before the Court of Justice C-637/13 P) |
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Case T‑412/10 Roca v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Attributability of the unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Mitigating circumstances — Economic crisis — 2002 Leniency Notice — Reduction of the fine — Significant added value
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:444 (Appeal: Case before the Court of Justice C-638/13 P) |
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Case T‑489/10 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 16 September 2013
ECLI:EU:T:2013:453 |
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Case T‑437/11 Golden Balls v OHIM – Intra-Presse (GOLDEN BALLS)
Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (First Chamber), 16 September 2013
ECLI:EU:T:2013:441 (Appeal: Case before the Court of Justice C-582/13 P) |
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Information (on unpublished decisions)
Case T‑599/10 Eurocool Logistik v OHIM – Lenger (EUROCOOL)
Community trade mark — Opposition proceedings — Application for the Community word mark EUROCOOL — Earlier national figurative mark EUROCOOL LOGISTICS — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to a fair hearing
Joined Cases T‑4/11 and T‑5/11 Export Development Bank of Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment
Case T‑12/11 Iran Insurance v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Legal basis — Infringement of international law — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Equal treatment — Non-discrimination
Case T‑13/11 Post Bank Iran v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Legal basis — Infringement of international law — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Equal treatment — Non-discrimination
Case T‑483/11 Sepro Europe v Commission
Plant-protection products — Active substance flurprimidol — Non-inclusion of flurprimidol in Annex I to Directive 91/414/EEC — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Rights of the defence — Proportionality — Obligation to state reasons
Cases T‑42/12 and T‑181/12 Bateni v Council
Common foreign and security policy — Restrictive measures adopted against Iran in order to prevent nuclear proliferation — Freezing of funds — Manifest error of assessment
Case T‑57/12 Good Luck Shipping v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T‑349/12 Leiner v OHIM – Recaro (REVARO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark REVARO — Earlier international word mark RECARO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑429/11 Banco Bilbao Vizcaya Argentaria v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 September 2013 ECLI:EU:T:2013:488 (Appeal: Case before the Court of Justice C-587/13 P) |
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Case T‑430/11 Telefónica v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 September 2013 ECLI:EU:T:2013:489 (Appeal: Case before the Court of Justice C-588/13 P) |
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Case T‑489/12 Planet v Commission
Action for annulment — State aid — Aid scheme permitting tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the internal market and not ordering the recovery of the aid — Act entailing implementing measures — Lack of individual concern — Lack of status as an actual recipient under the aid scheme — No obligation to repay the aid — Inadmissibility
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Order of the General Court (Seventh Chamber) of 9 September 2013 ECLI:EU:T:2013:496 (Appeal: Case before the Court of Justice C-564/13 P) |
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Case T‑540/11 Melkveebedrijf Overenk and Others v Commission
Action for damages — Levy in the milk and milk products sector — Regulation (EC) No 1468/2006 — Manifest inadmissibility
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Order of the General Court (Fourth Chamber) of 11 September 2013 ECLI:EU:T:2013:492 (Appeal: Case before the Court of Justice C-643/13 P) |
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Case T‑142/08 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of administrators and assistants — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑164/08 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of doctors — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑126/09 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of administrators — Full publication in three official languages — Information concerning the notices of open competitions — Publication in all official languages — Language of the tests — Choice of second language from three official languages
Case T‑218/09 Italy v Commission and EPSO
Languages — Notices of open competition for the recruitment of assistants — Language of the tests — Choice of second language from three official languages
Case T‑347/09 Germany v Commission
State aid — Transfer free of charge of certain areas of natural national heritage — Measures for the financial support of large-scale environmental protection projects — Decision declaring aid compatible with the common market — Concept of undertaking — Obligation to state reasons
Case T‑331/11 Besselink v Council
Access to documents — Regulation (EC) No 1049/2001 — Draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Exception relating to the protection of the public interest as regards international relations — Partial access — Obligation to state reasons — Application for measures of organisation of procedure or inquiry — Inadmissible
Case T‑380/11 Palirria Souliotis v Commission
Application for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — Inadmissibility
Case T‑457/11 Valeo Vision v Commission
Application for annulment — Common Customs Tariff — Classification in the Combined Nomenclature — Tariff heading — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑492/11 "Rauscher" Consumer Products v OHIM (Representation of a tampon)
Community trade mark — Application for a figurative Community trade mark representing a sanitary tampon — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
Case T‑73/08 Berliner Institut für Vergleichende Sozialforschung v Commission
Financial assistance paid in the context of the Daphne II programme — Determination of the amount of the final grant — Debit note — Measure open to challenge — Obligation to state reasons — Fair trial — Errors of assessment
Case T‑525/08 Poste Italiane v Commission
State aid — Remuneration of funds from postal accounts placed with the Italian Treasury — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of State aid — Advantage
Case T‑536/08 Huvis v Council
Dumping — Imports of polyester staple fibres originating in South Korea — Maintenance of anti-dumping duties following a partial interim review — Action for annulment — Direct and individual concern — Admissibility — Equal treatment and non-discrimination — Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009
Case T‑537/08 Cixi Jiangnan Chemical Fiber and Others v Council
Dumping — Imports of polyester staple fibres originating in China — Maintenance of anti-dumping duties following a partial interim review — Action for annulment — Direct and individual concern — Admissibility — Equal treatment and non-discrimination — Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009)
Case T‑548/08 Total v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Principle of the legality of criminal offences and penalties — Presumption of innocence — Attributability of the unlawful conduct — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption where the parent company holds nearly 100% of the shares
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Judgment of the General Court (Fourth Chamber) of 13 September 2013 ECLI:EU:T:2013:434 (Appeal: Case before the Court of Justice C-597/13 P) |
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Case T‑551/10 Fri-El Acerra v Commission
State aid — Subsidy for the takeover of a thermoelectric power plant and conversion thereof into a biofuel power plant — Decision declaring the aid incompatible with the internal market — Application ratione temporis of the guidelines on national regional aid — Legitimate expectations — Incentive effect
Case T‑214/11 ClientEarth and PAN Europe v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Names of experts who submitted comments on a guidance document relating to the scientific documents to be included in applications for authorisation to place plant protection products and the active substances contained in those products on the market — Refusal of access — Exception concerning protection of privacy and the integrity of the individual — Protection of personal data — Regulation (EC) No 45/2001 — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 13 September 2013 ECLI:EU:T:2013:483 (Appeal: Case before the Court of Justice C-615/13 P) |
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Case T‑563/11 Anbouba v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Burden of proof — Manifest error of assessment — Rights of defence — Obligation to state reasons — Procedure by default — Application to intervene — No need to adjudicate
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Judgment of the General Court (Sixth Chamber) of 13 September 2013 ECLI:EU:T:2013:429 (Appeal: Case before the Court of Justice C-605/13 P) |
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Case T‑592/11 Anbouba v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds and economic resources — Presumption of innocence — Burden of proof — Manifest error of assessment — Rights of defence — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 13 September 2013 ECLI:EU:T:2013:427 (Appeal: Case before the Court of Justice C-630/13 P) |
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Case T‑2/07 Spain v Commission
Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning the clearance of the hydrographical basin of Júcar (Spain) — Partial withdrawal of financial assistance — Public works contracts — Award criteria — Economically most advantageous tender — Equal treatment — Transparency — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality
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Judgment of the General Court (First Chamber) of 16 September 2013 ECLI:EU:T:2013:458 (Appeal: Case before the Court of Justice C-641/13 P) |
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Case T‑3/07 Spain v Commission
Cohesion fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects under way in the territory of Andalucia (Spain) — Partial withdrawal of financial assistance — Public works and services contracts — Award criteria — Publicity — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality
Case T‑462/07 Galp Energia España and Others v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:459 (Appeal: Case before the Court of Justice C-603/13 P) |
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Case T‑482/07 Nynäs Petroleum and Nynas Petróleo v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing arrangements — Evidence of participation in the cartel — Calculation of the amount of the fine
Case T‑495/07 PROAS v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Decision finding an infringement of Article 81 EC — Annual market-sharing and price-fixing agreements — Translation of the statement of objections — Calculation of the amount of the fine — Reasonable time — Res judicata
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:452 (Appeal: Case before the Court of Justice C-616/13 P) |
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Case T‑496/07 Repsol Lubricantes y Especialidades and Others v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Rights of defence — Imputability of the unlawful conduct — Principle that penalties must be specific to the offender — Calculation of the amount of the fine — Res judicata
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:464 (Appeal: Case before the Court of Justice C-617/13 P) |
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Case T‑497/07 CEPSA v Commission
Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Translation of the statement of objections — Imputability of the unlawful conduct — Reasonable period — Principle of impartiality — Calculation of the amount of the fine — Res judicata
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:438 (Appeal: Case before the Court of Justice C-608/13 P) |
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Joined Cases T‑226/09 and T‑230/09 British Telecommunications and BT Pension Scheme Trustees v Commission
State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:466 (Appeal: Case before the Court of Justice C-620/13 P) |
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Case T‑338/09 Müller-Boré & Partner v OHIM – Popp and Others (MBP)
Community trade mark — Opposition proceedings — Application for Community word mark MBP — Earlier Community word mark ip_law@mbp. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — National sign used in the course of trade mbp.de — Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation No 207/2009
Case T‑486/09 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development measures — Less favoured areas and agri environment — Flat-rate financial correction — Expenditure incurred by Poland — Control reports — Effectiveness of controls — System of penalties — Obligation to state reasons
Case T‑518/09 Ecoceane v EMSA
Public service contracts — Tendering procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tenderer’s bid — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability
Case T‑79/10 Colt Télécommunications France v Commission
State Aid — Compensation for public service costs in connection with a very high speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties
Case T‑200/10 Avery Dennison v OHIM – Dennison-Hesperia (AVERY DENNISON)
Community trade mark — Opposition proceedings — Application for Community word mark AVERY DENNISON — Earlier national word mark DENNISON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Subject-matter of the dispute before the Board of Appeal
Case T‑250/10 Knut IP Management v OHIM – Zoologischer Garten Berlin (KNUT - DER EISBÄR)
Community trade mark — Opposition proceedings — Application for Community word mark KNUT — DER EISBÄR — Earlier national word mark KNUD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑258/10 Orange v Commission
State Aid — Compensation for public service costs in connection with a very high speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:471 (Appeal: Case before the Court of Justice C-621/13 P) |
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Case T‑325/10 Iliad and Others v Commission
State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:472 (Appeal: Case before the Court of Justice C-624/13 P) |
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Case T‑364/10 Duravit and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single and continuous infringement — Burden of proof — Fines — Equal treatment — Proportionality — Principle that penalties must have a proper legal basis
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Judgment of the General Court (Fourth Chamber) of 16 September 2013 ECLI:EU:T:2013:477 (Appeal: Case before the Court of Justice C-609/13 P) |
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Case T‑368/10 Rubinetteria Cisal v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Concept of infringement — 2002 Leniency Notice — Cooperation — 2006 Guidelines on the method of setting fines — Calculation of the fine — Inability to pay
Joined Cases T‑373/10, T‑374/10, T‑382/10 and T‑402/10 Villeroy & Boch Austria and Villeroy & Boch v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Single infringement — Attributability of the unlawful conduct — Proof — Fines — 2006 Guidelines on the method of setting fines — Non retroactivity — Reasonable period
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Judgment of the General Court (Fourth Chamber) of 16 September 2013 ECLI:EU:T:2013:455 (Appeal: Case before the Court of Justice C-625/13 P) (Appeal: Case before the Court of Justice C-626/13 P) |
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Case T‑375/10 Hansa Metallwerke and Others v Commission
Competition — Agreements, decisions and concerted parties — Bathroom fittings and fixtures markets in Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Cooperation during the administration procedure — 2002 Leniency Notice — Reduction of the fine — 2006 Guidelines on the method of setting fines — Non-retroactivity
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Judgment of the General Court (Fourth Chamber) of 16 September 2013 ECLI:EU:T:2013:475 (Appeal: Case before the Court of Justice C-611/13 P) |
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Joined Cases T‑379/10 and T‑381/10 Keramag Keramische Werke and Others v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Coordination of price increases and exchange of sensitive business information — Duration of the infringement — Rights of the defence — Access to the file — Attributability of unlawful conduct
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Judgment of the General Court (Fourth Chamber) of 16 September 2013 ECLI:EU:T:2013:457 (Appeal: Case before the Court of Justice C-613/13 P) |
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Case T‑8/11 Bank Kargoshaei and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Legitimate expectations — Review of the restrictive measures adopted — Error of assessment — Equal treatment — Legal basis — Essential procedural requirements — Proportionality — Right to property
Case T‑97/11 Rovi Pharmaceuticals v OHIM – Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)
Community trade mark — Opposition proceedings — Application for the Community word mark ROVI Pharmaceuticals — Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑343/11 Netherlands v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Fruits and vegetables — Exclusion of financing of costs of printing on packaging — Non-compliance with criteria for recognising a producers’ organisation — Exclusion of expenses of all members of the producers’ organisation in question — Proportionality
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Judgment of the General Court (Eighth Chamber) of 16 September 2013 ECLI:EU:T:2013:468 (Appeal: Case before the Court of Justice C-610/13 P) |
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Case T‑448/11 Golden Balls v OHIM – Intra-Presse (GOLDEN BALLS)
Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 16 September 2013 ECLI:EU:T:2013:456 (Appeal: Case before the Court of Justice C-581/13 P) |
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Case T‑569/11 Gitana v OHIM – Rosenruist and Teddy (GITANA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GITANA — Earlier Community figurative mark KiTANA — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Partial refusal of registration
Case T‑284/12 Oro Clean Chemie v OHIM – Merz Pharma (PROSEPT)
Community trade mark — Opposition proceedings — Application for Community word mark PROSEPT — Earlier national word mark Pursept — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rights of defence — Article 75 of Regulation No 207/2009
Case T‑164/10 Pioneer Hi-Bred International v Commission
Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure by the Commission to submit a draft decision to the Council — Action for failure to act
Case T‑397/13 R Tilly-Sabco v Commission
Interim measures — Agriculture — Export refunds — Poultrymeat — Regulation fixing the refunds at zero — Application for stay of execution — Lack of urgency — Weighing up of interests
October 2013
Case T‑545/11 Stichting Greenpeace Nederland and PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the first authorisation of the placing on the market of the active substance ‘glyphosate’ — Partial refusal of access — Risk of an adverse effect on the commercial interests of a natural or legal person — Article 4(5) of Regulation No 1049/2001 — Overriding public interest — Regulation (EC) No 1367/2006 — Article 6(1) of Regulation No 1367/2006 — Directive 91/414/EEC
Language of the case: English
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Judgment of the General Court (Second Chamber), 8 October 2013
ECLI:EU:T:2013:523 (Appeal: Case before the Court of Justice C-673/13 P) |
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Cases T‑566/11 and T‑567/11 Viejo Valle v OHIM – Établissements Coquet (Cup and saucer with grooves and soup dish with grooves)
Community design — Invalidity proceedings — Registered Community design representing a cup and saucer with grooves and a soup dish with grooves — Ground for invalidity — Unauthorised use of a work protected under the copyright law of a Member State — Article 25(1)(f) of Regulation (EC) No 6/2002
Language of the case: Spanish
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Judgment of the General Court (Second Chamber), 23 October 2013
ECLI:EU:T:2013:549 |
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Information (on unpublished decisions)
Case T‑554/11 Evropaïki Dynamiki v Commission
Action for annulment — Financing by the European Union of certain projects in Tunisia, in the framework of the EuropeAid programme — Development of an integrated IT system for the Tunisian judiciary — Recovery by the Commission of debts payable to Tunisia by a third party — Debit note — Acts inseparable from the contract — Act not open to challenge — Inadmissibility
Case T‑285/12 Cartoon Network v OHIM – Boomerang TV (BOOMERANG)
Community trade mark — Opposition proceedings — Application for the Community word mark BOOMERANG — Earlier Community figurative mark BoomerangTV — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 2 October 2013 ECLI:EU:T:2013:520 (Appeal: Case before the Court of Justice C-670/13 P) |
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Case T‑259/11 Zinātnes, inovāciju un testēšanas centrs v Commission
Action for annulment — Phare programme — Project concerning the development of a centre for innovation and testing of construction products — Commission decision to undertake recovery of part of the sums paid — Lack of direct concern — Inadmissibility
Case T‑457/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Tendering consortium — Admissibility — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T‑474/10 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — External service provision for development, studies and support for information systems (ESP DESIS II) — Classification of a tenderer — Award of the contract — Obligation to state reasons — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T‑638/11 European Dynamics Belgium and Others v EMA
Public service contracts — Tender procedure of the EMA — Provision of software application support services — Rejection of a tender — Award criteria — Statement of reasons — Observance of the award criteria set out in the tendering specifications — Establishment of subheadings for the award criteria — Access to documents
Case T‑13/12 Andechser Molkerei Scheitz v Commission
Action for annulment and compensation — Public health — List of food additives authorised in foodstuffs — Steviol glycosides — Application inadmissible or manifestly unfounded
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Order of the General Court (Second Chamber) of 15 October 2013 ECLI:EU:T:2013:567 (Appeal: Case before the Court of Justice C-682/13 P) |
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Case T‑379/12 Electric Bike World v OHIM – Brunswick (LIFECYCLE)
Community trade mark — Opposition proceedings — Application for Community word mark LIFECYCLE — Earlier national word mark LIFECYCLE — Partial refusal of registration by the Board of Appeal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑148/13 Spain v Commission
Action for annulment — Time-limit for instituting proceedings — Starting point — Publication in the Official Journal — Inadmissibility
Case T‑149/13 Spain v Commission
Action for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Publication in the Official Journal — Inadmissibility
Case T‑248/10 Italy v Commission and EPSO
Languages — Notice of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1/58 — Article 1d(1), Article 27, first paragraph, and Article 28(f) of the Staff Regulations — Article 1(1)(f) of Annex III to the Staff Regulations — Obligation to state reasons — Principle of non-discrimination
Case T‑432/10 Vivendi v Commission
Competition — Abuse of dominant position — French broadband and telephone subscription market — Decision rejecting a complaint — Lack of Community interest — Significance of the alleged infringement as regards the functioning of the internal market — Probability of establishing the existence of the alleged infringement
Case T‑275/11 TF1 v Commission
State aid — Public service broadcasting — Aid proposed by the French authorities for France Télévisions — Annual budgetary grant — Decision declaring the aid compatible with the internal market — Article 106(2) TFEU — Strict interdependence of a tax and an aid measure
Case T‑282/12 El Corte Inglés v OHIM – Sohawon (fRee YOUR STYLe.)
Community trade mark — Opposition proceedings — Application for Community figurative mark fRee YOUR STYLe. — Earlier Community and national word marks FREE STYLE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑328/12 Mundipharma v OHIM – AFT Pharmaceuticals (Maxigesic)
Community trade mark — Opposition proceedings — Application for Community word mark Maxigesic — Earlier Community word mark OXYGESIC — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 16 October 2013 ECLI:EU:T:2013:537 (Appeal: Case before the Court of Justice C-669/13 P) |
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Case T‑388/12 Singer v OHIM – Cordia Magyarország (CORDIO)
Community trade mark — Opposition proceedings — Application for the Community word mark CORDIO — Earlier Community word mark CORDIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑453/12 Zoo Sport v OHIM – K-2 (ZOOSPORT)
Community trade mark — Opposition proceedings — Application for Community word mark ZOOSPORT — Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 16 October 2013 ECLI:EU:T:2013:532 (Appeal: Case before the Court of Justice C-676/13 P) |
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Case T‑455/12 Zoo Sport v OHIM – K-2 (zoo sport)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZOO Sport — Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 16 October 2013 ECLI:EU:T:2013:531 (Appeal: Case before the Court of Justice C-675/13 P) |
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Case T‑461/13 R Spain v Commission
Application for interim measures — State aid — Decision declaring aid to be incompatible with the internal market and ordering its recovery and the cancellation of any outstanding payments — Application for suspension of operation — Failure to show a prima facie case and urgency
Case T‑462/13 R Comunidad Autónoma del País Vasco and Itelazpi v Commission
Application for interim measures — State aid — Decision declaring aid to be incompatible with the internal market and ordering its recovery and the cancellation of any outstanding payments — Application for suspension of operation — Failure to show urgency
Case T‑367/11 Lyder Enterprises v CPVO – Liner Plants (1993) (SOUTHERN SPLENDOUR)
Plant varieties — Application for a Community plant variety right for the plant variety SOUTHERN SPLENDOUR — Objections — Rejection of the application by the Board of Appeal of the CPVO — Competence of the CPVO — Taking of evidence — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑581/11 Dimian v OHIM – Bayer Design Fritz Bayer (Baby Bambolina)
Community trade mark — Invalidity proceedings — Figurative Community trade mark Baby Bambolina — Earlier unregistered national trade mark Bambolina — Relative ground for refusal — No use in trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Case T‑114/12 Bode Chemie v OHIM – Laros (sterilina)
Community trade mark — Opposition proceedings — Application for Community figurative mark sterilina — Earlier Community word and figurative marks STERILLIUM and BODE Sterillium — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑155/12 Schulze v OHIM – GKL (Klassiklotterie)
Community trade mark — Opposition proceedings — Application for Community word mark Klassiklotterie — Earlier national word mark NKL-Klassiklotterie — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑417/12 SFC Jardibric v OHIM – Aqua Center Europa (AQUA FLOW)
Community trade mark — Invalidity proceedings — Community figurative mark AQUA FLOW — Earlier national figurative mark VAQUA FLOW — Relative ground for refusal — Likelihood of confusion — Declaration of invalidity — Article 8(1)(b) of Regulation (EC) No 207/2009 — No limitation in consequence of acquiescence — Article 54(2) of Regulation No 207/2009
Case T‑451/12 Stromberg Menswear v OHIM – Leketoy Stormberg Inter (STORMBERG)
Community trade mark — Revocation proceedings — Earlier Community word mark STORMBERG — Surrender of the disputed mark by the proprietor — Decision to close the revocation proceedings — Request for restitutio in integrum — Obligation to state reasons — Articles 58(1), 76(1) and 81(1) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑457/12 Stromberg Menswear v OHIM – Leketoy Stormberg Inter (STORMBERG)
Community trade mark — Community word mark STORMBERG — Appeal against the request for conversion of a Community trade mark into national trade mark applications — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law
Case T‑231/10 Merlin and Others v OHIM – Dusyma (Games)
Community design — Invalidity proceedings — Registered Community design representing a game — Earlier design — Grounds for invalidity — Novelty — Individual character — Distinction between goods and design — Articles 3, 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑416/11 Biotronik SE v OHIM – Cardios Sistemas (CARDIO MANAGER)
Community trade mark — Opposition proceedings — Application for Community word mark CARDIO MANAGER — Earlier national word mark CardioMessenger — Relative ground for refusal — No likelihood of confusion — No proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑561/12 Beninca v Commission
Access to documents — Regulation (EC) No 1049/2001 — Document drawn up by the Commission in the context of the merger between Deutsche Börse and NYSE Euronext — Refusal to grant access — Exception relating to protection of the decision-making process
November 2013
Case T‑512/09 Rusal Armenal v Council
Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of Armenia to the WTO — Market economy treatment — Article 2(7) of Regulation (EC) No 384/96 — Whether compatible with the Anti-Dumping Agreement — Article 277 TFEU
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition), 5 November 2013
ECLI:EU:T:2013:571 (Appeal: Case before the Court of Justice C-21/14 P) |
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Case T‑499/10 MOL v Commission
State aid — Agreement between the Hungarian State and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent change in the statutory system of fees — Decision declaring the aid incompatible with the internal market — Selective nature
Language of the case: English
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Judgment of the General Court (Second Chamber), 12 November 2013
ECLI:EU:T:2013:592 (Appeal: Case before the Court of Justice C-15/14 P) |
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Case T‑456/11 ICdA and Others v Commission
REACH — Transitional measures concerning restrictions on the manufacture, marketing and use of cadmium and its compounds — Annex XVII to Regulation (EC) No 1907/2006 — Restrictions on the use of cadmium pigments in plastic materials — Manifest error of assessment — Risk analysis
Language of the case: English
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Judgment of the General Court (Seventh Chamber), 14 November 2013
ECLI:EU:T:2013:594 |
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Case T‑337/12 El Hogar Perfecto del Siglo XXI v OHIM – Wenf International Advisers (Corkscrew)
Community design — Invalidity proceedings — Registered Community design representing a corkscrew — Earlier national design — Ground for invalidity — Lack of individual character — Overall impression not different — Informed user — Degree of freedom of the designer — Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Spanish
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Judgment of the General Court (Sixth Chamber), 21 November 2013
ECLI:EU:T:2013:601 |
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Information (on unpublished decisions)
Case T‑378/12 Capitalizaciones Mercantiles v OHIM – Leineweber (X)
Community trade mark — Opposition proceedings — Application for Community figurative mark X — Earlier Community figurative mark X — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑666/11 Budziewska v OHIM – Puma (Bounding feline)
Community design — Invalidity proceedings — Registered Community design representing a bounding feline — Earlier designs — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑533/12 IBSolution v OHIM – IBS (IBSolution)
Community trade mark — Opposition proceedings — Application for the Community word mark IBSolution — Earlier Community figurative mark IBS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑63/13 Three-N-Products v OHIM – Munindra (AYUR)
Community trade mark — Invalidity proceedings — Community word mark AYUR — Earlier Benelux word marks AYUS — Likelihood of confusion — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 7 November 2013 ECLI:EU:T:2013:583 (Appeal: Case before the Court of Justice C-22/14 P) |
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Case T‑536/10 Kessel v OHIM – Janssen-Cilag (Premeno)
Community trade mark — Invalidity proceedings — Application for Community word mark Premeno — Earlier national word mark Pramino — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Restriction of the goods designated in the trade mark application — Article 43(1) of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 8 November 2013 ECLI:EU:T:2013:586 (Appeal: Case before the Court of Justice C-31/14 P) |
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Case T‑545/12 Mory and Others v Commission
Action for annulment — State aid — Traditional and express couriers — Decision not to extend the obligation of repayment to the potential purchasers of the beneficiary in composition with creditors — No legal interest in bringing proceedings — Inadmissibility
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Order of the General Court (Seventh Chamber) of 11 November 2013 ECLI:EU:T:2013:607 (Appeal: Case before the Court of Justice C-33/14 P) |
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Case T‑337/13 R CSF v Commission
Interim measures — Public health, safety, consumers and workers protection in order to address the risks resulting from the use of machinery — Measure taken by the Danish authorities prohibiting a type of multi-purpose earthmoving machinery without an appropriate protective structure — Commission decision declaring the measure to be justified — Application for stay of execution — Lack of urgency
Case T‑570/08 RENV Deutsche Post v Commission
State aid — Postal service — Decision requiring the production of information — Appropriateness of the time-limit — Obligation to state reasons — Relevance of the information requested
Case T‑147/12 Wünsche Handelsgesellschaft International v Commission
Customs union — Imports of preserved mushrooms from China — Decision finding no justification for the remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Detectable error on the part of the customs authorities — Obvious negligence on the part of the importer — Legitimate expectations — Proportionality — Sound administration — Equal treatment
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Judgment of the General Court (Third Chamber) of 12 November 2013 ECLI:EU:T:2013:587 (Appeal: Case before the Court of Justice C-7/14 P) |
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Case T‑245/12 Gamesa Eólica v OHIM – Enercon (Blended shades of green)
Community trade mark — Invalidity proceedings — Absolute ground for refusal — Application for Community trade mark consisting of blended shades of green — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009 — Article 62 of Regulation No 207/2009
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Judgment of the General Court (Fourth Chamber) of 12 November 2013 ECLI:EU:T:2013:588 (Appeal: Case before the Court of Justice C-35/14 P) |
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Case T‑552/12 North Drilling v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of fact — Temporal adjustment of the effects of an annulment
Case T‑52/13 Efag Trade Mark Company v OHIM (FICKEN)
Community trade mark — Application for Community word mark FICKEN — Absolute ground for refusal — Mark contrary to public order and good morals — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑54/13 Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
Community trade mark — Application for figurative Community trade mark FICKEN LIQUORS — Absolute ground for refusal — Mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑377/10 Preparados Alimenticios v OHIM – Rila Feinkost-Importe (Jambo Afrika)
Community trade mark — Opposition proceedings — Application for the Community word mark Jambo Afrika — Earlier Community figurative marks JUMBO, JUMBO CUBE, JUMBO MARINADE, JUMBO NOKKOS, JUMBO ROF, JUMBO CHORBA MOUTON-MUTTON, JUMBO Aroma All purpose seasoning Condiment — Earlier national figurative marks JUMBO — Non-registered earlier word mark JUMBO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑42/13 1. garantovaná v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Fines — Late-payment interest — Act not amenable to review — Inadmissibility
Case T‑313/11 Heede v OHIM (Matrix-Energetics)
Community trade mark — Application for Community word mark Matrix-Energetics — Absolute grounds for refusal — Descriptive character — Relevant public — Date of the determination of the descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑443/12 Equinix (Germany) v OHIM – Acotel (ancotel.)
Community trade mark — Opposition proceedings — Application for Community figurative mark ancotel. — Earlier Community figurative mark ACOTEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑524/12 Recaro v OHIM – Certino Mode (RECARO)
Community trade mark — Revocation proceedings — Community word mark RECARO — Genuine use of the mark — Article 15(1), second subparagraph, (a) of Regulation (EC) No 207/2009 — Nature of the use of the mark — Admissibility of new evidence — Article 76(2) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Seventh Chamber) of 21 November 2013 ECLI:EU:T:2013:604 (Appeal: Case before the Court of Justice C-57/14 P) |
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Case T‑23/12 MAF v EIOPA
Action for annulment — Languages — Publication by the EIOPA of consultative documents on its internet site exclusively in English — Non-actionable measures — Inadmissibility
Case T‑483/13 R Oikonomopoulos v Commission
Interim relief — Investigation conducted by OLAF — Action for damages — Financial and non-material damage allegedly suffered by the applicant — Application for interim measures — Inadmissibility — Lack of urgency
Case T‑374/09 Lorenz Shoe Group v OHIM – Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
Community trade mark — Opposition procedure — Application for Community word mark Ganeder — Earlier community word mark Ganter — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑34/12 Herbacin cosmetic v OHIM – Laboratoire Garnier (HERBA SHINE)
Community trade mark — Opposition procedure — Application for Community word mark HERBA SHINE — Earlier national, Community and international word marks Herbacin — Relative ground for refusal — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Statement of reasons — Article 75 of Regulation No 207/2009
Case T‑410/12 Vitaminaqua v OHIM – Energy Brands (vitaminaqua)
Community trade mark — Opposition proceedings — Application for the Community figurative mark vitaminaqua — Earlier national word marks VITAMINWATER — Earlier Community figurative mark GLACEAU vitamin water — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑424/12 Gaumina v EIGE
Public service contracts — Tender procedure — Provision of services to support the communication activities of the EIGE — Rejection of a tender — Obligation to state reasons
December 2013
Case T‑116/11 EMA v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Dicoems and Cocoon contracts — Non-compliance with the contractual requirements of part of the expenditure declared — Termination of the contracts — Repayment of part of the sums paid — Damages — Counterclaim — Non-contractual liability — Undue enrichment — Action for annulment — Act not amenable to an action — Act forming part of a purely contractual framework from which it is inseparable — Debit note — Inadmissibility
Language of the case: Italian
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Judgment of the General Court (Second Chamber), 11 December 2013
ECLI:EU:T:2013:634 (Appeal: Case before the Court of Justice C-100/14 P) |
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Case T‑79/12 Cisco Systems and Messagenet v Commission
Competition — Concentrations — European markets for internet communications services — Decision declaring the concentration compatible with the internal market — Manifest errors of assessment — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 11 December 2013
ECLI:EU:T:2013:635 |
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Case T‑240/10 Hungary v Commission
Approximation of laws — Deliberate release of GMOs into the environment — Marketing authorisation procedure — Scientific opinions of EFSA — Comitology — Regulatory procedure — Infringement of essential procedural requirements — Finding of the Court of its own motion
Language of the case: Hungarian
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Judgment of the General Court (First Chamber, Extended Composition), 13 December 2013
ECLI:EU:T:2013:645 |
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Case T‑165/12 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tendering procedure — Provision of support services with a view to developing IT infrastructure and eGovernment services in Albania — Rejection of a tender — Transparency — Duty to state reasons
Language of the case: Greek
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Judgment of the General Court (First Chamber), 13 December 2013
ECLI:EU:T:2013:646 |
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Information (on unpublished decisions)
Case T‑573/11 JAS v Commission
Customs union — Imports of denim jeans — Fraud — Recovery a posteriori of the import duties — Article 13 of Regulation (EEC) No 1430/79 — Article 239 of the Customs Code — Application for remission of import duties — Particular case — Equity clause — Commission decision
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Judgment of the General Court (Fourth Chamber) of 3 December 2013 ECLI:EU:T:2013:623 (Appeal: Case before the Court of Justice C-53/14 P) |
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Case T‑159/12 Pri v OHIM – Belgravia Investment Group (PRONOKAL)
Removal from the register — Pleading submitted at the time of discontinuance — Inadmissibility
Case T‑438/10 Forgital Italy v Council
Action for annulment — Common Customs Tariff — Temporary suspension of the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products — Amendment of the description of certain suspensions — Regulatory act comprising implementing measures — Inadmissibility
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Order of the General Court (Sixth Chamber) of 4 December 2013 ECLI:EU:T:2013:648 (Appeal: Case before the Court of Justice C-84/14 P) |
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Case T‑394/10 Grebenshikova v OHIM – Volvo Trademark (SOLVO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark SOLVO — Earlier Community word mark VOLVO — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑4/12 Olive Line International v OHIM – Carapelli Firenze (Maestro de Oliva)
Community trade mark — Opposition procedure — International registration designating the European Community — Figurative mark Maestro de Oliva — Earlier national word mark MAESTRO — Genuine use of the earlier mark — Likelihood of confusion — Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009
Case T‑361/12 Premiere Polish v OHIM – Donau Kanol (ECOFORCE)
Community trade mark — Opposition proceedings — Application for the Community word mark ECOFORCE — Earlier Community figurative mark ECO FORTE — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑428/12 Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)
Community trade mark — Application for community word mark VALORES DE FUTURO — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑150/11 Gobierno de Aragón and Others v Council
Action for annulment — State aid — Decision concerning aid to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility
Case T‑176/11 Carbunión v Council
Action for annulment — State aid — Decision on aid intended to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility
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Order of the General Court (Second Chamber) of 10 December 2013 ECLI:EU:T:2013:686 (Appeal: Case before the Court of Justice C-99/14 P) |
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Case T‑467/11 Colgate-Palmolive v OHIM – dm-drogerie markt (360º SONIC ENERGY)
Community trade mark — Opposition proceedings — Application for the Community word mark 360° SONIC ENERGY — Earlier international word mark SONIC POWER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑492/12 von Storch and Others v ECB
Action for annulment — Decisions adopted by the ECB — Technical characteristics relating to Eurosystem Outright Monetary Transactions — Measures seeking to maintain the availability of collateral — Temporary measures relating to Eurosystem refinancing operations and eligibility of collateral — Not directly affected — Inadmissibility
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Order of the General Court (First Chamber) of 10 December 2013 ECLI:EU:T:2013:702 (Appeal: Case before the Court of Justice C-64/14 P) |
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Case T‑591/11 Przedsiębiorstwo Handlowe Medox Lepiarz Lepiarz v OHIM – Henkel (SUPER GLUE)
Community trade mark — Opposition proceedings — Application for Community figurative mark SUPER GLUE — Earlier Benelux word mark SUPERGLUE — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 11 December 2013 ECLI:EU:T:2013:638 (Appeal: Case before the Court of Justice C-91/14 P) |
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Case T‑123/12 Smartbook v OHIM (SMARTBOOK)
Community trade mark — Application for Community word mark SMARTBOOK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑487/12 Eckes-Granini Group v OHIM – Panini (PANINI)
Community trade mark — Opposition proceedings — Application for the Community figurative mark PANINI — Earlier national and Community word marks GRANINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑171/08 Berliner Institut für Vergleichende Sozialforschung v Commission
European Refugee Fund — Action to raise awareness and disseminate information concerning refugees who are victims of psychological trauma — ‘Traumatised refugees in the European Union: institutions, protection mechanisms and good practice’ project — Payment of the balance — Duty to state reasons — Principle of sound administration — Error of assessment
Case T‑58/12 Nabipour and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Duty to state reasons — Error of law — Error of assessment — Temporal adjustment of the effects of an annulment
Case T‑117/12 ANKO v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration (2007‑2013) — Contracts concerning the Perform and Oasis projects — Suspension of payments — Irregularities found in audits relating to other projects — Late-payment interest
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Judgment of the General Court (Fifth Chamber) of 12 December 2013 ECLI:EU:T:2013:643 (Appeal: Case before the Court of Justice C-78/14 P) |
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Case T‑118/12 ANKO v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration (2002-2006) — Contract concerning the Persona project — Suspension of payments — Irregularities found in audits relating to other projects — Late-payment interest
Case T‑156/12 Sweet Tec v OHIM (Shape of an oval)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of an oval — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑399/09 HSE v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Presumption of innocence — Fines — Article 23 of Regulation (EC) No 1/2003 — 2006 guidelines on the method of setting fines — Mitigating circumstances — Infringement committed as a result of negligence — Infringement authorised or encouraged by the public authorities
Case T‑579/13 R Istituto di vigilanza dell'urbe v Commission
Interim measures — Public service contracts — Tendering procedure — Provision of security guard and reception services at the ‘European Union Houses’ in Rome and Milan — Award of the contract to another tenderer — Application for suspension of operation — Disregard of the formal requirements — Inadmissibility
January 2014
Case T‑385/11 BP Products North America v Council
Dumping — Subsidies — Imports of biodiesel originating in the United States — Circumvention — Article 13 of Regulation (EC) No 1225/2009 — Article 23 of Regulation (EC) No 597/2009 — Slightly modified like product — Legal certainty — Misuse of powers — Manifest errors of assessment — Duty to state reasons — Equal treatment — Principle of sound administration
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 16 January 2014
ECLI:EU:T:2014:7 |
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Case T‑528/11 Aloe Vera of America v OHIM – Detimos (FOREVER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FOREVER — Earlier national figurative mark 4 EVER — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 16 January 2014
ECLI:EU:T:2014:10 |
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Case T‑309/10 Klein v Commission
Non-contractual liability — Medical devices — Articles 8 and 18 of Directive 93/42/EEC — Inaction by the Commission following notification of a decision to prohibit placing on the market — Sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: German
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Judgment of the General Court (First Chamber), 21 January 2014
ECLI:EU:T:2014:19 (Appeal: Case before the Court of Justice C-120/14 P) |
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Case T‑168/13 EPAW v Commission
Action for annulment — Legal person governed by private law — No proof of existence in law — Article 44(5)(a) of the Rules of Procedure of the General Court — Manifest inadmissibility
Language of the case: English
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Order of the General Court (Second Chamber), 21 January 2014
ECLI:EU:T:2014:47 |
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Case T‑528/09 Hubei Xinyegang Steel v Council
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in China — Determination of a threat of injury — Article 3(9) and Article 9(4) of Regulation (EC) No 384/96 (now Article 3(9) and Article 9(4) of Regulation (EC) No 1225/2009)
Language of the case: English
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Judgment of the General Court (Second Chamber), 29 January 2014
ECLI:EU:T:2014:35 (Appeal: Case before the Court of Justice C-193/14 P) (Appeal: Case before the Court of Justice C-186/14 P) |
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Information (on unpublished decisions)
Case T‑505/13 R Stichting Sona and Nao v Commission
Interim measures — Arrangements for the association of overseas countries and territories — 10th European Development Fund — Implementing rules — Netherlands Antilles — Application for suspension of implementation — Application for interim measures — Whether admissible
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Order of the President of the General Court of 8 January 2014 ECLI:EU:T:2014:1 |
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Case T‑134/12 Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Action for annulment and damages — Contracts concerning financial assistance from the European Union for research and development projects — Plea of inadmissibility — Failure to reclassify forms of order sought — Inadmissible
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Order of the General Court (Second Chamber) of 13 January 2014 ECLI:EU:T:2014:31 (Appeal: Case before the Court of Justice C-102/14 P) |
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Case T‑475/12 LaserSoft Imaging v OHIM (WorkflowPilot)
Community trade mark — Application for Community word mark WorkflowPilot — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) 207/2009
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Judgment of the General Court (Second Chamber) of 13 January 2014 ECLI:EU:T:2014:2 |
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Case T‑279/12 SICOM v Commission
Arbitration clause — Food aid — Supply of colza oil to Guinea — Non-performance of the contract — Limitation period
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Judgment of the General Court (Seventh Chamber) of 15 January 2014 ECLI:EU:T:2014:4 |
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Case T‑149/12 Investrónica v OHIM – Olympus Imaging (MICRO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MICRO — Earlier national figurative mark micro — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Power to alter decisions
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Judgment of the General Court (Eighth Chamber) of 16 January 2014 ECLI:EU:T:2014:11 |
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Case T‑304/12 Message Management v OHIM – Absacker (ABSACKER of Germany)
Community trade mark — Opposition proceedings — Application for Community figurative mark ABSACKER of Germany — Earlier national figurative mark ABSACKER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 16 January 2014 ECLI:EU:T:2014:5 |
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Case T‑383/12 Ferienhäuser zum See v OHIM – Sunparks Groep (Sun Park Holidays)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Sun Park Holidays — Earlier Community figurative mark Sunparks Holiday Parks — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 16 January 2014 ECLI:EU:T:2014:12 |
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Case T‑433/12 Steiff v OHIM (Fixation d’un bouton au milieu de l’oreille d’une peluche)
Community trade mark — Application for a Community trade mark consisting of fixing a metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
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Judgment of the General Court (Fifth Chamber) of 16 January 2014 ECLI:EU:T:2014:8 |
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Case T‑434/12 Steiff v OHIM (Fixation par un bouton d’une étiquette au milieu de l'oreille d'une peluche)
Community trade mark — Application for a Community trade mark consisting of a fabric tag with metal button in the middle section of the ear of a soft toy — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) 207/2009
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Judgment of the General Court (Fifth Chamber) of 16 January 2014 ECLI:EU:T:2014:6 |
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Case T‑538/12 Optilingua v OHIM – Esposito (ALPHATRAD)
Community trade mark — Revocation proceedings — Community figurative mark — Genuine use of the mark — Extent of the use — Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 16 January 2014 ECLI:EU:T:2014:9 |
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Case T‑614/13 R Romonta v Commission
Interim measures — Environment — Directive 2003/87/EC — System of exchange of greenhouse gas emission allowances — Free allocation of greenhouse gas emission allowances from 2013 — Application for recognition of hardship — No urgency
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Order of the President of the General Court of 20 January 2014 ECLI:EU:T:2014:16 |
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Case T‑596/11 Bricmate v Council
Action for annulment — Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — No individual concern — Regulatory act entailing implementing measures — Inadmissibility
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Order of the General Court (Fifth Chamber) of 21 January 2014 ECLI:EU:T:2014:53 |
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Case T‑113/12 Bial-Portela v OHIM – Probiotical (PROBIAL)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROBIAL — Earlier national, international and Community figurative marks, emblem, business name and logo Bial — Relative grounds for refusal — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 21 January 2014 ECLI:EU:T:2014:17 |
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Case T‑232/12 Wilmar Trading v OHIM – Agroekola (ULTRA CHOCO)
Community trade mark — Opposition proceedings — Application for Community word mark ULTRA CHOCO — Earlier national word mark ultra choco — Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria — Article 60 of Regulation (EC) No 207/2009 — Failure to comply with the obligation to pay appeal fee within the time limit — Decision of the Board of Appeal declaring the appeal deemed not to have been filed
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Judgment of the General Court (Second Chamber) of 21 January 2014 ECLI:EU:T:2014:18 |
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Case T‑468/12 Faktor B. i W. Gęsina v Commission
Action for annulment — Time limit for bringing proceedings — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
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Order of the General Court (Second Chamber) of 22 January 2014 ECLI:EU:T:2014:46 (Appeal: Case before the Court of Justice C-138/14 P) |
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Case T‑384/09 SKW Stahl-Metallurgie Holding and SKW Stahl-Metallurgie v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Rights of the defence — Imputability of the unlawful conduct — Obligation to state reasons — Fines — Equal treatment — Mitigating circumstances — Cooperation during the administrative procedure — Proportionality — Joint and several liability for payment of the fine — 2006 guidelines on the method of setting fines
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Judgment of the General Court (Third Chamber) of 23 January 2014 ECLI:EU:T:2014:27 (Appeal: Case before the Court of Justice C-154/14 P) |
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Case T‑391/09 Evonik Degussa and AlzChem v Commission
Competition — Cartels — Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Imputability of the unlawful conduct — Fines — Cooperation during the administrative procedure — Aggravating circumstances — Repeated infringement — Mitigating circumstances — Proportionality — Duration of the infringement — Joint and several liability for payment of a fine — 2006 guidelines on the method of setting fines
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Judgment of the General Court (Third Chamber) of 23 January 2014 ECLI:EU:T:2014:22 (Appeal: Case before the Court of Justice C-155/14 P) |
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Case T‑395/09 Gigaset v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Imputability of the unlawful conduct — Obligation to state reasons — Fines — Duration of the infringement — Equal treatment — Mitigating circumstances — Cooperation during the administrative procedure — Joint and several liability for payment of a fine — 2006 guidelines on the method of setting fines
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Judgment of the General Court (Third Chamber) of 23 January 2014 ECLI:EU:T:2014:23 |
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Case T‑156/10 Confederación de Cooperativas Agrarias de España and CEPES v Commission
Action for annulment — State aid — Spanish legislation laying down measures in favour of agricultural cooperatives following the fuel price increase — Decision declaring the aid incompatible with the internal market — Professional associations — No individual concern — No recovery — No longer any interest in bringing proceedings — Inadmissibility
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Order of the General Court (Seventh Chamber) of 23 January 2014 ECLI:EU:T:2014:41 |
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Case T‑221/12 Sunrider v OHIM – Nannerl (SUN FRESH)
Community trade mark — Opposition proceedings — Application for the Community word mark SUN FRESH — Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH — Relative ground for refusal — Proof of the genuine use of earlier marks — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 23 January 2014 ECLI:EU:T:2014:25 (Appeal: Case before the Court of Justice C-142/14 P) |
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Case T‑513/12 NCL v OHIM (NORWEGIAN GETAWAY)
Community trade mark — Application for the Community word mark NORWEGIAN GETAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 23 January 2014 ECLI:EU:T:2014:24 |
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Case T‑514/12 NCL v OHIM (NORWEGIAN BREAKAWAY)
Community trade mark — Application for the Community word mark NORWEGIAN BREAKAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 23 January 2014 ECLI:EU:T:2014:28 |
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Case T‑551/12 Coppenrath-Verlag v OHIM – Sembella (Rebella)
Community trade mark — Opposition proceedings — Application for Community word mark Rebella — Earlier Community word mark SEMBELLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009
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Judgment of the General Court (Fourth Chamber) of 23 January 2014 ECLI:EU:T:2014:30 |
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Case T‑68/13 Novartis v OHIM (CARE TO CARE)
Community trade mark — Application for the Community word mark CARE TO CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 23 January 2014 ECLI:EU:T:2014:29 |
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Case T‑216/11 Progust v OHIM – Sopralex & Vosmarques (IMPERIA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark IMPERIA — Earlier Community figurative mark IMPERIAL — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 28 January 2014 ECLI:EU:T:2014:34 |
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Case T‑600/11 Schuhhaus Dielmann v OHIM – Carrera (Carrera panamericana)
Community trade mark — Opposition proceedings — International registration designating the European Community Carrera panamericana — Earlier Community figurative mark CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Second Chamber) of 28 January 2014 ECLI:EU:T:2014:33 |
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Case T‑158/12 European Dynamics Belgium and Others v EMA
Public service contracts — Community tender procedure — External service provision for software applications — Decision to classify the applicant’s tender in second place for the purposes of a cascading contract — Award criteria — Addition of award criterion not provided for by the contract documents — Assessment of a selection criterion at the award stage — Transparency
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Judgment of the General Court (Second Chamber) of 29 January 2014 ECLI:EU:T:2014:36 (Appeal: Case before the Court of Justice C-173/14 P) |
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Case T‑47/13 Goldsteig Käsereien Bayerwald v OHIM – Vieweg (goldstück)
Community trade mark — Opposition proceedings — Application for Community figurative mark goldstück — Earlier Community word mark GOLDSTEIG — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 29 January 2014 ECLI:EU:T:2014:37 (Appeal: Case before the Court of Justice C-150/14 P) |
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Case T‑495/11 Streng v OHIM – Gismondi (PARAMETRICA)
Community trade mark — Opposition proceedings — Application for Community word mark PARAMETRICA — Earlier national word mark parameta — Relative ground for refusal — Failure to produce evidence in the language of the opposition proceedings — Rule 19(2) and (3) and Rule 98(1) of Regulation (EC) No 2868/95
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Judgment of the General Court (Eighth Chamber) of 30 January 2014 ECLI:EU:T:2014:39 |
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February 2014
Joined Cases T‑174/12 and T‑80/13 Syrian Lebanese Commercial Bank v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Amendment of the form of order sought — Time-limit — Manifest error of assessment — Obligation to state reasons — Right to effective judicial protection — Rights of the defence
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 4 February 2014
ECLI:EU:T:2014:52 |
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Case T‑644/13 R Serco Belgium and Others v Commission
Interim proceedings — Public procurement — Tendering procedure — Rejection of a tender — Application for suspension of operation — Prima facie case
Language of the case: English
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Order of the General Court (interim proceedings), 4 February 2014
ECLI:EU:T:2014:57 |
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Case T‑27/10 AC-Treuhand v Commission
Competition — Agreements, decisions and concerted practices — Markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Consultancy firm not operating on the relevant markets — Fines — Action for annulment — Concept of undertaking — Principle that offences and penalties must be defined by law — Duration of the infringement — Limitation — Duration of the administrative procedure — Reasonable time — Rights of the defence — Late notification of the investigation procedure — Maximum amount of 10% of turnover — Penalising of two infringements in a single decision — Concept of single infringement — Application for variation — Amount of the fines — Duration of the infringements — Duration of the administrative procedure — 2006 Guidelines on the method of setting fines — Value of sales — Symbolic fine — Unlimited jurisdiction
Language of the case: German
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Judgment of the General Court (Third Chamber), 6 February 2014
ECLI:EU:T:2014:59 (Appeal: Case before the Court of Justice C-194/14 P) |
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Case T‑342/11 CEEES and Asociación de Gestores de Estaciones de Servicio v Commission
Competition — Agreements, decisions and concerted practices — Spanish service stations market — Decision rejecting a complaint — Regulation (EC) No 1/2003 — Failure to fulfil commitments made binding by a Commission decision — Reopening of the procedure — Fines — Periodic penalty payments
Language of the case: Spanish
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Judgment of the General Court (Third Chamber), 6 February 2014
ECLI:EU:T:2014:60 |
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Case T‑81/12 Beco v Commission
Dumping — Imports of stainless steel fasteners originating in China and Taiwan — Application for a refund of duties collected — Second subparagraph of Article 11(8) of Regulation (EC) No 1225/2009 — Legal certainty
Language of the case: German
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Judgment of the General Court (Second Chamber), 12 February 2014
ECLI:EU:T:2014:71 |
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Case T‑331/12 Sartorius Weighing Technology and Sartorius Lab Instruments v OHIM (Arc de cercle jaune en bas d’un écran)
Community trade mark — Application for a Community trade mark consisting of a representation of a yellow curve at the bottom edge of an electronic display unit — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Council Regulation (EC) No 2007/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber), 26 February 2014
ECLI:EU:T:2014:87 |
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Case T‑91/11 InnoLux v Commission
Competition — Agreements, decisions and concerted practices — Worldwide market for liquid crystal display (LCD) panels — Agreements and concerted practices concerning prices and production capacity — Territorial jurisdiction — Internal sales — Sales of finished products incorporating cartelised products — Single and continuous infringement — Fines — Rounding method — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 February 2014
ECLI:EU:T:2014:92 (Appeal: Case before the Court of Justice C-231/14 P) |
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Case T‑128/11 LG Display and LG Display Taiwan v Commission
Competition — Agreements, decisions and concerted practices — Worldwide market for liquid crystal display (LCD) panels — Agreements and concerted practices concerning prices and production capacity — Internal sales — Rights of the defence — Fines — Partial immunity from fines — Single and continuous infringement — Ne bis in idem principle
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 27 February 2014
ECLI:EU:T:2014:88 (Appeal: Case before the Court of Justice C-227/14 P) |
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Case T‑256/11 Ezz and Others v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Egypt — Freezing of funds — Legal basis — Obligation to state reasons — Error of fact — Rights of the defence — Right to effective judicial protection — Right to property — Freedom to conduct a business
Language of the case: English
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Judgment of the General Court (Third Chamber), 27 February 2014
ECLI:EU:T:2014:93 (Appeal: Case before the Court of Justice C-220/14 P) |
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Case T‑509/12 Advance Magazine Publishers v OHIM – Nanso Group (TEEN VOGUE)
Community trade mark — Opposition proceedings — Application for Community word mark TEEN VOGUE — Earlier national word mark VOGUE — Admissibility — Formulation of the form of order sought — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal to register
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 27 February 2014
ECLI:EU:T:2014:89 |
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Information (on unpublished decisions)
Cases T‑604/11 and T‑292/12 Mega Brands v OHIM – Diset (MAGNEXT)
Community trade mark — Opposition proceedings — Application for Community figurative mark MAGNEXT and word mark MAGNEXT — Earlier national word mark MAGNET 4 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 4 February 2014 ECLI:EU:T:2014:56 (Appeal: Case before the Court of Justice C-182/14 P) |
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Case T‑127/12 Free v OHIM – Noble Gaming (FREEVOLUTION TM)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FREEVOLUTION TM — Earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX and earlier national word marks FREE and FREE MOBILE — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑339/12 Gandia Blasco v OHIM – Sachi Premium-Outdoor Furniture (Cuboid Armchair)
Community design — Invalidity proceedings — Registered Community design representing a cuboid armchair — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑357/12 Sachi Premium-Outdoor Furniture v OHIM – Gandia Blasco (Armchair)
Community design — Invalidity proceedings — Registered Community design representing an armchair — Earlier design — Ground for invalidity — Lack of individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Joined Cases T‑23/10 and T‑24/10 Arkema France and ECSC v Commission
Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Duration of the infringement — Limitation — Legitimate interest in finding that an infringement was committed — Application for variation — Amount of the fines — Duration of the infringements — Unlimited jurisdiction
Case T‑40/10 Elf Aquitaine v Commission
Competition — Agreements, decisions and concerted practices — European markets in tin heat stabilisers and ESBO/esters heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Fines — Application for annulment — Rights of the defence — Late notification of Commission’s investigation — Duration of the administrative procedure — Liability of a parent company for infringements of competition rules committed by its subsidiaries — Presumption of actual exercise of decisive influence — Duration of the infringements — Limitation — Legitimate interest in finding that an infringement was committed — Fines imposed on a parent company differing in amount from those imposed on a subsidiary — Unlimited jurisdiction
Case T‑180/13 Pesquerias Riveirenses and Others v Council
Action for annulment — Fisheries policy — Regulation (EU) No 40/2013 — Amalgamation of the northern and southern components of the stock of blue whiting in the north-east Atlantic in order to establish the TAC — Lack of direct concern — Manifestly inadmissible
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Order of the General Court (Fifth Chamber) of 7 February 2014 ECLI:EU:T:2014:78 (Appeal: Case before the Court of Justice C-164/14 P) |
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Case T‑570/11 Oetker Nahrungsmittel v OHIM (La qualité est la meilleure des recettes)
Community trade mark — Application for Community word mark La qualité est la meilleure des recettes — Mark constituted by an advertising slogan — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑26/13 dm-drogerie markt v OHIM – Semtee (CALDEA)
Community trade mark — Opposition proceedings — Application for the Community word mark CALDEA — Earlier international word mark BALEA — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑380/12 Demon International v OHIM – Big Line (DEMON)
Community trade mark — Invalidity proceedings — Figurative Community trade mark DEMON — Prior international word mark DEMON — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 13 February 2014 ECLI:EU:T:2014:76 (Appeal: Case before the Court of Justice C-170/14 P) |
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Case T‑578/13 R Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission
Application for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to the inclusion of an active substance — Rejection of the request for confidential treatment of certain information — Application for suspension of operation of a measure — Admissibility — Urgency — Prima facie case — Weighing up of the interests involved
Case T‑187/13 Jannatian v Council
Action for annulment — Common foreign and security policy — Restrictive measures against Iran — List of persons and entities to which those restrictive measures apply — Period within which an action must be brought — Action brought out of time — Inadmissibility
Case T‑45/14 R HTTS and Bateni v Council
Application for interim measures — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and other economic resources — Application for interim measures — No urgency — Balancing of interests
Case T‑602/11 Pêra-Grave v OHIM – Fundação Eugénio de Almeida (QTA S. JOSÉ DE PERAMANCA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark QTA S. JOSÉ DE PERAMANCA — Earlier national figurative marks VINHO PERA-MANCA TINTO, VINHO PERA-MANCA BRANCO and PÊRA-MANCA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 27 February 2014 ECLI:EU:T:2014:97 (Appeal: Case before the Court of Justice C-249/14 P) |
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Case T‑37/12 Advance Magazine Publishers v OHIM – López Cabré (TEEN VOGUE)
Community trade mark — Opposition proceedings — Application for Community word mark TEEN VOGUE — Earlier national word mark VOGUE — Relative ground for refusal — Likelihood of confusion — Identical nature of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95 — Partial refusal to register
Case T‑225/12 Lidl Stiftung v OHIM – Lídl Music (LIDL express)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL express — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 27 February 2014 ECLI:EU:T:2014:94 (Appeal: Case before the Court of Justice C-237/14 P) |
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Case T‑226/12 Lidl Stiftung v OHIM – Lídl Music (LIDL)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LIDL — Earlier national figurative mark LÍDL MUSIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 27 February 2014 ECLI:EU:T:2014:98 (Appeal: Case before the Court of Justice C-224/14 P) |
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Case T‑229/12 Advance Magazine Publishers v OHIM – López Cabré (VOGUE)
Community trade mark — Opposition proceedings — Application for Community figurative mark VOGUE — Earlier Community word mark VOGUE — Likelihood of confusion — Identity or similarity of the goods — Identity or similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Vagueness of the trade mark application — Article 26(1)(c) of Regulation No 207/2009 — Rule 2(2) of Regulation (EC) No 2868/95 — Partial refusal to register
Case T‑25/13 Mäurer & Wirtz v OHIM – Sacra (4711 Aqua Mirabilis)
Community trade mark — Opposition proceedings — Application for the Community word mark 4711 Aqua Mirabilis — Earlier Community word mark AQUA ADMIRABILIS — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑520/11 Genebre v OHIM – General Electric (GE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GE — Earlier national word mark GE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
March 2014
Case T‑202/12 Al Assad v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Inclusion of an individual on the lists of targeted persons — Personal connections with members of the regime — Rights of defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 12 March 2014
ECLI:EU:T:2014:113 |
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Case T‑296/11 Cementos Portland Valderrivas v Commission
Competition — Administrative procedure — Decision requesting information — Need for the information requested — Reasonable grounds — Review by the Court — Proportionality
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber), 14 March 2014
ECLI:EU:T:2014:121 |
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Case T‑297/11 Buzzi Unicem v Commission
Competition — Administrative procedure — Decision requesting information — Need for the information requested — Principle of sound administration — Obligation to state reasons — Proportionality
Language of the case: Italian
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Judgment of the General Court (Seventh Chamber), 14 March 2014
ECLI:EU:T:2014:122 (Appeal: Case before the Court of Justice C-267/14 P) |
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Case T‑306/11 Schwenk Zement v Commission
Competition — Administrative procedure — Decision requesting information — Neeed for the information requested — Obligation to state reasons — Proportionality
Language of the case: German
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Judgment of the General Court (Seventh Chamber), 14 March 2014
ECLI:EU:T:2014:123 (Appeal: Case before the Court of Justice C-248/14 P) |
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Case T‑43/13 Donnici v Parliament
Actions for damages — Members of the European Parliament — Verification of powers — Decision of the Parliament declaring the mandate of a Member of the European Parliament invalid — Annulment of the decision of the Parliament by judgment of the Court of Justice — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: Italian
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Order of the General Court (Sixth Chamber), 20 March 2014
ECLI:EU:T:2014:167 |
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Case T‑306/10 Yusef v Commission
Common foreign and security policy — Restrictive measures against persons and entities associated with Usama bin Laden, the Al Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of a person’s funds and economic resources as a result of his inclusion on a list drawn up by a United Nations body — Sanctions Committee — Subsequent inclusion in Annex I to Regulation No 881/2002 — Commission’s refusal to de-list — Action for failure to act — Fundamental rights — Right to be heard, right to effective judicial review and right to property
Language of the case: English
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Judgment of the General Court (Second Chamber), 21 March 2014
ECLI:EU:T:2014:141 |
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Cases T‑56/09 and T‑73/09 Saint-Gobain Glass France and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Regulation (EC) No 1/2003 — Plea of illegality — Fines — Retroactive application of the 2006 Guidelines on the method of setting fines — Value of sales — Repeated infringement — Additional amount — Imputability of the unlawful conduct — Upper limit of the fine — Consolidated group turnover
Language of the case: French
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Judgment of the General Court (Second Chamber), 27 March 2014
ECLI:EU:T:2014:160 |
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Case T‑47/12 Intesa Sanpaolo v OHIM – equinet Bank (EQUITER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark EQUITER — Earlier Community word mark EQUINET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Third Chamber), 27 March 2014
ECLI:EU:T:2014:159 |
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Information (on unpublished decisions)
Case T‑416/12 HP Health Clubs Iberia v OHIM – Shiseido (ZENSATIONS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZENSATIONS — Earlier Community word mark ZEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the applicant’s form of order — Article 46 of the Rules of Procedure — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009
Case T‑71/13 Anapurna v OHIM – Annapurna (ANNAPURNA)
Community trade mark — Revocation proceedings — Community word mark ANNAPURNA — Application for annulment filed by the intervener — Article 134(1) to (3) of the Rules of Procedure of the General Court — Genuine use of the trade mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form of use of the trade mark — Proof of use for the registered goods
Case T‑134/10 FESI v Council
Action for annulment — Dumping — Extension of the definitive anti-dumping duty imposed on imports of certain footwear with uppers of leather originating in Vietnam and China, as extended to imports of certain footwear with uppers of leather coming from Macao — Association representing independent importers — No individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T‑1/14 R Aluminios Cortizo and Cortizo Cartera v Commission
Application for interim measures — State aid — Aid granted by the Spanish authorities to certain economic interest groupings (EIG) and their investors — Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) — Application for suspension of operation — Failure to comply with the procedural requirements — Inadmissibility
Case T‑518/12 Spirlea and Spirlea v Commission
Action for annulment — Public health — Decision to bring an end to an EU pilot procedure — Closure of the file on a complaint — Failure to bring an action for failure to fulfil obligations — Inadmissibility
Case T‑592/10 El Corte Inglés v OHIM – Technisynthese (BTS)
Community trade mark — Opposition proceedings — Application for the Community word mark BTS — Earlier Community and national figurative marks TBS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑102/11 and T‑369/12 to T‑371/12 American Express Marketing & Development v OHIM (IP ZONE and Others)
Community trade mark — Applications for Community word marks IP ZONE, EUROPE IP ZONE, IP ZONE EUROPE and EUROPEAN IP ZONE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑192/12 PAN Europe v Commission
Action for annulment — Environment — Implementing Regulation (EU) No 1143/2011 approving the active substance prochloraz — Request for internal review — Refusal — Conditions to be satisfied by an organisation in order to be entitled to make a request for internal review — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑315/12 Tubes Radiatori v OHIM – Antrax It (Radiateur)
Community design — Invalidity proceedings — Registered Community design representing a radiator for heating — Earlier design — Ground for invalidity — No individual character — Overall impression not different — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — No scope for innovation — Obligation to state reasons
Case T‑348/12 Globosat Programadora v OHIM – Sport TV Portugal (SPORT TV INTERNACIONAL)
Community trade mark — Opposition proceedings — Application for Community word mark SPORT TV INTERNACIONAL — Earlier national figurative mark SPORTV — Relative ground for refusal — Proof of use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
Case T‑381/12 Borrajo Canelo and Others v OHIM – Tecnoazúcar (PALMA MULATA)
Community trade mark — Proceedings for revocation — Community word mark PALMA MULATA — Genuine use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctiveness
Case T‑430/12 Heinrich v OHIM – Commission (European Network Rapid Manufacturing)
Community trade mark — Invalidity proceedings — Community figurative mark European Network Rapid Manufacturing — Absolute ground for refusal — Imitation of the emblem of an international intergovernmental organisation — Article 7(1)(h) of Regulation (EC) No 207/2009 — Article 6b of the Paris Convention
Case T‑292/11 Cemex and Others v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
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Judgment of the General Court (Seventh Chamber) of 14 March 2014 ECLI:EU:T:2014:125 (Appeal: Case before the Court of Justice C-265/14 P) |
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Case T‑293/11 Holcim (Deutschland) and Holcim v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
Case T‑302/11 HeidelbergCement v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Duty to state reasons — Proportionality
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Judgment of the General Court (Seventh Chamber) of 14 March 2014 ECLI:EU:T:2014:128 (Appeal: Case before the Court of Justice C-247/14 P) |
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Case T‑305/11 Italmobiliare v Commission
Competition — Administrative proceeding — Decision to request information — Necessity of the information requested — Principle of sound administration — Duty to state reasons — Proportionality
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Judgment of the General Court (Seventh Chamber) of 14 March 2014 ECLI:EU:T:2014:126 (Appeal: Case before the Court of Justice C-268/14 P) |
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Case T‑131/13 Lardini v OHIM (Affixing of a flower to a collar)
Community trade mark — Application for a Community trade mark consisting in the affixing of a flower to a collar — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑57/13 Club Hotel Loutraki and Others v Commission
Action for annulment — State aid — Operation of video lottery terminals — Grant of an exclusive licence by the Hellenic Republic — Decision finding no State aid — Letter addressed to the complainants — Act not open to challenge — Inadmissibility
Case T‑46/10 Faci v Commission
Competition — Agreements, decisions and concerted practices — European markets in ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Fixing prices, allocating markets and customers and exchanging commercially sensitive information — Proof of one aspect of the infringement — Fines — Equal treatment — Sound administration — Reasonable time — Proportionality
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Judgment of the General Court (Third Chamber) of 20 March 2014 ECLI:EU:T:2014:138 (Appeal: Case before the Court of Justice C-291/14 P) |
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Case T‑181/10 Reagens v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to requests that certain undertakings’ inability to pay be taken into account in cartel proceedings — Refusal of access — Exception relating to the protection of commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to carry out a concrete and individual examination — Partial access
Case T‑11/07 RENV Frucona Košice v Commission
State aid — Spirit and spirit-based beverages — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — No longer any legal interest in bringing proceedings — Decision repealing and replacing the contested decision — No need to adjudicate
Case T‑81/13 FTI Touristik v OHIM (BigXtra)
Community trade mark — Application for Community word mark BigXtra — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 21 March 2014 ECLI:EU:T:2014:140 (Appeal: Case before the Court of Justice C-253/14 P) |
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Case T‑539/11 Deutsche Bank v OHIM (Leistung aus Leidenschaft)
Community trade mark — Application for Community word mark Leistung aus Leidenschaft — Trade mark consisting of an advertising slogan — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Evidence presented for the first time before the General Court
Case T‑291/12 Deutsche Bank v OHIM (Passion to Perform)
Community trade mark — International registration designating the European Union — Word mark Passion to Perform — Trade mark consisting of an advertising slogan — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Joined Cases T‑534/12 and T‑535/12 Still v OHIM (Fleet Data Services and Truck Data Services)
Community Trade Mark — Applications for registration of the Community figurative marks Fleet Data Services and Truck Data Services — Absolute ground for refusal — Descriptiveness — Absence of any distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Right to be heard — Article 75, second sentence, of Regulation No 207/2009
Case T‑321/13 Adorisio and Others v Commission
Action for annulment — State aid — Aid granted to banks during the crisis — Recapitalisation of SNS Reaal and SNS Bank — Decision declaring the aid compatible with the internal market — Expropriation of holders of subordinated bonds — No legal interest in bringing proceedings — No standing to bring proceedings — Manifestly inadmissible
Case T‑603/11 Ecologistas en Acción v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the carrying out of an industrial project on a site protected under Directive 92/43/EEC — Documents originating from a Member State — Opposition by the Member State — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Exception relating to the protection of court proceedings — Environmental information — Regulation (EC) No 1367/2006 — Action manifestly lacking any foundation in law
Case T‑554/12 Oracle America v OHIM – Aava Mobile (AAVA MOBILE)
Community trade mark — Opposition proceedings — Application for the Community word mark AAVA MOBILE — Earlier Community word mark JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation No 207/2009
Case T‑117/10 Italy v Commission
ERDF — Reduction of financial assistance — 2000-2006 regional operational programme for the region of Apulia (Italy) covered by objective No 1 — Serious failings in management or control systems which could lead to systemic irregularities — Partnership principle — Proportionality — Article 39(3)(b) of Regulation (EC) No 1260/1999 — Articles 4, 8, 9 and 10 of Regulation (EC) No 438/2001 — Duty to state reasons — Lack of competence
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Judgment of the General Court (First Chamber) of 28 March 2014 ECLI:EU:T:2014:165 (Appeal: Case before the Court of Justice C-280/14 P) |
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Case T‑270/13 SACBO v Commission and INEA
Action for annulment — Community financial aid to projects of common interest in the field of trans-European transport and energy networks — No direct concern — Non-actionable measure — Preparatory act — Inadmissibility
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Order of the General Court (Third Chamber) of 31 March 2014 ECLI:EU:T:2014:185 (Appeal: Case before the Court of Justice C-281/14 P) |
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April 2014
Case T‑319/11 ABN Amro Group v Commission
State aid — Financial sector — Aid intended to remedy a serious disturbance in the economy of a Member State — Article 107(3)(b) TFEU — Decision declaring the aid compatible with the internal market — Conditions for approval of the aid — Acquisition ban — Whether consistent with the Commission communications concerning aid to the financial sector in the financial crisis — Proportionality — Equal treatment — Principle of sound administration — Obligation to state reasons — Right to property
Language of the case: English
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Judgment of the General Court (Third Chamber), 8 April 2014
ECLI:EU:T:2014:186 |
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Case T‑623/11 Pico Food v OHIM – Sobieraj (MILANÓWEK CREAM FUDGE)
Community trade mark — Opposition proceedings — Application for the Community trade mark MILANÓWEK CREAM FUDGE — Earlier national figurative marks representing a cow, Original Sahne Muh-Muhs HANDGESCHNITTEN HANDGEWICKELT and SAHNE TOFFEE LUXURY CREAM FUDGE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 76(1) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 9 April 2014
ECLI:EU:T:2014:199 |
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Case T‑637/11 Euris Consult v Parliament
Public service contracts — Tender procedure — Provision of translation services into Maltese — Rules relating to the procedure for the submission of tenders — Rejection of a tenderer’s bid — Failure to comply with the rules on submission designed to ensure the confidentiality of the contents of tenders before opening — Plea of inapplicability — Proportionality — Equal treatment — Rights of the defence — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights of the European Union — Article 98(1) of Regulation (EC, Euratom) No 1605/2002 — Article 143 of Regulation (EC, Euratom) No 2342/2002
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 30 April 2014
ECLI:EU:T:2014:237 |
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Case T‑17/12 Hagenmeyer and Hahn v Commission
Consumer protection — Regulation (EC) No 1924/2006 — Food health claims — Refusal to authorise a reduction of disease risk claim — Designation of a risk factor — Lawfulness of the procedure for the authorisation of reduction of disease risk claims — Action for annulment — Interest in bringing proceedings — Direct and individual concern — Admissibility — Proportionality — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 30 April 2014
ECLI:EU:T:2014:234 |
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Information (on unpublished decisions)
Case T‑133/12 Ben Ali v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Right to property — Article 17(1) of the Charter of Fundamental Rights — Temporal adjustment of the effects of annulment — Non-contractual liability — Absence of material harm
Case T‑356/12 Debonair Trading Internacional v OHIM – Ibercosmetica (SÔ :UNIC)
Community trade mark — Opposition proceedings — Application for the Community word mark SÔ :UNIC — Earlier Community and national word marks SO… ?, SO… ? ONE, SO… ? CHIC and non-registered word marks — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Family of marks — Article 8(4) of Regulation No 207/2009 — Rule 15(2)(b)(iii) of Regulation (EC) No 2868/95 — Admissibility of the opposition
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Judgment of the General Court (Ninth Chamber) of 3 April 2014 ECLI:EU:T:2014:178 (Appeal: Case before the Court of Justice C-270/14 P) |
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Case T‑2/13 CFE-CGC France Télécom-Orange v Commission
Action for annulment — State aid — Decision declaring the aid compatible with the internal market on certain conditions — Trade union — Not individually affected — Inadmissibility
Case T‑7/13 ADEAS v Commission
Action for annulment — State aid — Decision declaring the aid compatible with the internal market on certain conditions — Association — Not individually affected — Inadmissibility
Case T‑568/12 Golam v OHIM – Derby Cycle Werke (FOCUS extreme)
Community trade mark — Opposition proceedings — Application for the Community figurative mark FOCUS extreme — Earlier national word mark FOCUS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑144/12 Comsa v OHIM – COMSA (COMSA)
Community trade mark — Opposition proceedings — Application for Community word mark COMSA — Earlier company name Comsa, SA — Relative ground for refusal — Lack of use in the course of trade of a sign of more than mere local significance — Similarity of the services — Article 8(4) of Regulation (EC) No 207/2009
Case T‑150/12 Greece v Commission
State aid — Interest-free loans, accompanied by a State guarantee, granted by the Greek authorities to cereal-collecting agricultural cooperatives — Decision declaring the aid incompatible with the internal market — Obligation to state reasons — Advantage — Aid to remedy a serious disturbance in the economy of a Member State
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Judgment of the General Court (Seventh Chamber) of 9 April 2014 ECLI:EU:T:2014:191 (Appeal: Case before the Court of Justice C-296/14 P) |
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Case T‑288/12 EI du Pont de Nemours v OHIM – Zueco Ruiz (ZYTeL)
Community trade mark — Opposition proceedings — Application for the figurative mark ZYTeL — Earlier Community word mark and well-known mark within the meaning of Article 6bis of the Paris Convention ZYTEL — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Detriment to the distinctive character or repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑386/12 Elite Licensing v OHIM – Aguas de Mondariz Fuente del Val (elite BY MONDARIZ)
Community trade mark — Opposition proceedings — Application for a Community figurative mark elite BY MONDARIZ — Earlier Community and international figurative marks ELITE — Language of appeal proceedings — Time limits — Admissibility of an appeal to the Board of Appeal — Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T‑488/12 CITEB and Belgo-Metal v Parliament
Public works contracts — Tender procedure — Work for the renovation and extension of the Eastman building in Brussels — Rejection of a tenderer’s bid — Notification of the evaluation committee’s report — Duty to state reasons
Case T‑501/12 Farmaceutisk Laboratorium Ferring v OHIM – Tillotts Pharma (OCTASA)
Community trade mark — Opposition proceedings — Application for Community word mark OCTASA — Earlier national word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑502/12 Ferring v OHIM – Tillotts Pharma (OCTASA)
Community trade mark — Opposition proceedings — Application for Community word mark OCTASA — Earlier national, Benelux and international word marks PENTASA and OCTOSTIM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑249/13 MHCS v OHIM – Ambra (DORATO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark DORATO — Earlier Community and national figurative trade marks representing bottle neck labels — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 50(1) of Regulation (EC) No 2868/95
Case T‑340/09 Evropaïki Dynamiki v Office des publications and Commission
Public service contracts — Call for tenders by the Publications Office — Assistance in the provision of publishing and communication services in connection with the CORDIS website — Rejection of a tenderer’s offers and decision to award the contracts to other tenderers — Classification of the tenderer’s offer — Obligation to state reasons — Article 148(1) and (3) of the Implementing Rules — Manifest error of assessment — Non-contractual liability
Case T‑209/13 Olive Line International v OHIM (OLIVE LINE)
Community trade mark — Application for registration of the Community figurative mark OLIVE LINE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑263/12 Manufacturing Support & Procurement Kala Naft v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Obligation to state reasons — Obligation of individual communication — Rights of the defence — Right to effective judicial protection — Right to property — Proportionality — Competence of the Council — Misuse of powers — Error of law — Definition of support given to nuclear proliferation — Error of assessment — Action manifestly lacking any foundation in law
Case T‑473/11 Longevity Health Products v OHIM – Weleda Trademark (MENOCHRON)
Community trade mark — Opposition procedure — Application for Community word mark MENOCHRON — Earlier Community word mark MENODORON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 28 April 2014 ECLI:EU:T:2014:229 (Appeal: Case before the Court of Justice C-311/14 P) |
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Case T‑647/11 Asos v OHIM – Maier (ASOS)
Community trade mark — Opposition proceedings — Application for Community word mark ASOS — Earlier Community word mark ASSOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 29 April 2014 ECLI:EU:T:2014:230 (Appeal: Case before the Court of Justice C-320/14 P) |
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Case T‑468/08 Tisza Erőmű v Commission
State aid — Aid awarded by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring the State aid incompatible with the common market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Selective nature — State resources — Imputability to the State — Effect on trade between Member States — Rights of the defence — Legal certainty — Legitimate expectations — Equal treatment — Proportionality — Misuse of powers — Article 10 of the Energy Charter Treaty
Case T‑179/09 Dunamenti Erőmű v Commission
State aid — Aid awarded by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring the State aid incompatible with the common market and ordering its recovery — Concept of State aid — Advantage — New aid — Operating aid — Legitimate expectations — Legal certainty
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Judgment of the General Court (Sixth Chamber) of 30 April 2014 ECLI:EU:T:2014:236 (Appeal: Case before the Court of Justice C-357/14 P) |
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Case T‑170/12 Beyond Retro v OHIM – S&K Garments (BEYOND VINTAGE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark BEYOND VINTAGE — Earlier Community word mark BEYOND RETRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
May 2014
Case T-327/12 Simca Europe v OHIM – PSA Peugeot Citroën (Simca)
Community trade mark — Invalidity proceedings — Community word mark Simca — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 8 May 2014
ECLI:EU:T:2014:240 |
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Case T‑406/09 Donau Chemie v Commission
Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Article 23 of Regulation (EC) No 1/2003 — 2006 Guidelines on the method of setting fines — Mitigating circumstances — Cooperation during the administrative procedure — Obligation to state reasons — Equal treatment — Proportionality — Ability to pay
Language of the case: German
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Judgment of the General Court (Third Chamber), 14 May 2014
ECLI:EU:T:2014:254 |
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Case T‑198/12 Germany v Commission
Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for nitrosamines, nitrosatable substances, lead, barium, arsenic, antimony and mercury in toys — Commission decision not to approve in full the maintenance of national provisions derogating therefrom — Time-limited approval — Proof of a higher level of protection for human health offered by the national provision
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 14 May 2014
ECLI:EU:T:2014:251 (Appeal: Case before the Court of Justice C-360/14 P) |
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Case T‑247/12 Argo Group International Holdings v OHIM – Arisa Assurances (ARIS)
Community trade mark — Opposition proceedings — Application for Community figurative mark ARIS — Earlier Community figurative mark ARISA ASSURANCES S.A. — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Coexistence of earlier marks on the market — Principle of American law known as the ‘Morehouse defense’ — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 20 May 2014
ECLI:EU:T:2014:258 (Appeal: Case before the Court of Justice C-370/14 P) |
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Case T‑145/08 DEP Atlas Transport v OHIM
Procedure — Taxation of costs
Language of the case: German
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Order of the General Court (Fourth Chamber), 21 May 2014
ECLI:EU:T:2014:361 |
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Case T‑447/11 Catinis v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation concerning the implementation of a project for the modernisation of infrastructure in Syria — Access refused — Exception concerning the protection of the purpose of inspections, investigations and audits
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 21 May 2014
ECLI:EU:T:2014:267 |
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Case T‑347/12 P Mocová v Commission
Appeals — Civil service — Members of the temporary staff — Fixed-term contract — Decision not to renew — Rejection of the complaint — Obligation to state reasons — Ground stated in the decision rejecting the complaint
Language of the case: French
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Judgment of the General Court (Appeal Chamber), 21 May 2014
ECLI:EU:T:2014:268 |
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Case T‑61/13 Melt Water v OHIM (NUEVA)
Community trade mark — Application for a Community figurative mark NUEVA — Article 60 of Regulation (EC) No 207/2009 — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Ambiguity in a language version — Uniform interpretation — Unforeseeable circumstances or force majeure — Excusable error — Obligations of care and diligence
Language of the case: Lithuanian
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Judgment of the General Court (Eighth Chamber), 21 May 2014
ECLI:EU:T:2014:265 |
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Information (on unpublished decisions)
Case T‑419/13 Unión de Almacenistas de Hierros de España v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to two Spanish competition proceedings — Implied refusal of access — Explicit decision adopted after the action was brought — No need to adjudicate
Case T‑103/14 R Frucona Košice v Commission
Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of any urgency — Prima facie case not made out
Case T‑567/13 Sharp v OHIM (BIG PAD)
Community trademark — Application for Community figurative mark BIG PAD — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑575/12 Pyrox v OHIM – Köb Holzheizsysteme (PYROX)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark PYROX — Earlier national word marks PYROT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑38/13 Pedro Group v OHIM – Cortefiel (PEDRO)
Community trade mark — Opposition proceedings — Application for the Community word mark PEDRO — Earlier Community figurative mark Pedro del Hierro — Partial refusal to register — Relative grounds for refusal — Genuine use of the earlier mark — Highly distinctive character of the earlier mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑458/10 to T‑467/10 and T‑471/10 McBride and Others v Commission
Fisheries — Measures to conserve fishery resources — Sectoral restructuring — Requests to increase the Multiannual Guidance Programme objectives to improve safety on board — Ireland’s request concerning various vessels — Decision adopted following the General Court’s annulment of the initial decision concerning the same procedure — New refusal decision — Lack of competence of the Commission
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Judgment of the General Court (Seventh Chamber) of 13 May 2014 ECLI:EU:T:2014:249 (Appeal: Case before the Court of Justice C-361/14 P) |
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Case T‑30/10 Reagens v Commission
Competition — Agreements, decisions and concerted practices — European market for tin heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Duration of the infringement — Fines — 2006 Guidelines on the method of setting fines — Basic amount — Mitigating circumstances — Ability to pay — Equal treatment — Proportionality — Unlimited jurisdiction — Appropriateness of the amount of the fine
Case T‑160/12 Adler Modemärkte v OHIM – Blufin (MARINE BLEU)
Community trade mark — Opposition proceedings — Application for Community word mark MARINE BLEU — Earlier Community word mark BLUMARINE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 14 May 2014 ECLI:EU:T:2014:252 (Appeal: Case before the Court of Justice C-343/14 P) |
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Case T‑366/12 Katjes Fassin v OHIM (Yoghurt-Gums)
Community trade mark — Application for Community figurative mark Yoghurt-Gums — Absolute grounds for refusal — Distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑519/09 Toshiba v Commission
Competition — Agreements, decisions and concerted practices — Power transformers market — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market-sharing agreement — Proof of distancing from the cartel — Restriction of competition — Effect on trade — Barriers to entry — Fines — Basic amount — Reference year — Section 18 of the 2006 Guidelines on the method of setting fines — Use of a notional market share in the EEA market
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Judgment of the General Court (Third Chamber) of 21 May 2014 ECLI:EU:T:2014:263 (Appeal: Case before the Court of Justice C-373/14 P) |
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Case T‑599/11 Eni v OHIM – Emi (IP) (ENI)
Community trade mark — Opposition proceedings — Application for the Community word mark ENI — Earlier Community figurative mark EMI — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration
Case T‑553/12 Bateaux mouches v OHIM (BATEAUX-MOUCHES)
Community trade mark — Application for figurative Community trade mark BATEAUX-MOUCHES — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 21 May 2014 ECLI:EU:T:2014:264 (Appeal: Case before the Court of Justice C-368/14 P) |
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Case T‑633/11 Guangdong Kito Ceramics and Others v Council
Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — Non-cooperation — Necessary information — Deadlines — Facts available — Article 18(1) and (3) of Regulation (EC) No 1225/2009
Case T‑95/13 Walcher Meßtechnik v OHIM (HIPERDRIVE)
Community trade mark — Application for Community word mark HIPERDRIVE — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 22 May 2014 ECLI:EU:T:2014:270 (Appeal: Case before the Court of Justice C-374/14 P) |
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Case T‑228/13 NIIT Insurance Technologies v OHIM (EXACT)
Community trade mark — Application for Community word mark EXACT — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Equal treatment — Article 56 TFEU
Case T‑553/11 European Dynamics Luxembourg v ECB
Public service contracts — Tender procedure — Provision of services relating to IT infrastructure and applications for the ECB — Rejection of the application — Action for annulment — Act open to challenge — Admissibility — Criteria for selecting candidates — Compliance of an application with the conditions laid down in the call for applications — Obligation to state reasons — Failure to exercise the power to ask for clarification in relation to an application — Manifest errors of assessment — Misuse of powers — Action for damages
Case T‑141/14 R SolarWorld and Others v Council
Application for interim measures — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive anti-dumping duty — Application for suspension of operation of a measure — No urgency
Case T‑142/14 R SolarWorld and Others v Council
Application for interim measures — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating or consigned from China — Definitive countervailing duty — Application for suspension of operation of a measure — No urgency
June 2014
Case T‑286/09 Intel v Commission
Competition — Abuse of dominant position — Microprocessors market — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Loyalty rebates — ‘Naked’ restrictions — Classification as abuse — As-efficient-competitor analysis — Commission’s international jurisdiction — Obligation on the Commission to investigate — Limits — Rights of the defence — Principle of sound administration — Overall strategy — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Seventh Chamber, extended composition), 12 June 2014
ECLI:EU:T:2014:547 (Appeal: Case before the Court of Justice C-413/14 P) |
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Case T‑260/11 Spain v Commission
Fisheries — Conservation of fishery resources — Overfishing by Spain of mackerel in zones VIII c, IX and X and in European Union waters of CECAF 34.1.1 allocated for the year 2010 — Deductions from fishing quotas allocated for the years 2011 to 2015 — Rights of defence — Legal certainty — Legitimate expectations — Equal treatment
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 18 June 2014
ECLI:EU:T:2014:555 |
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Case T‑372/11 Basic v OHIM – Repsol YPF (basic)
Community trade mark — Opposition proceedings — Application for the Community figurative mark basic — Earlier Community figurative mark BASIC — Relative ground for refusal — Similarity of the services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 26 June 2014
ECLI:EU:T:2014:585 (Appeal: Case before the Court of Justice C-400/14 P) |
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Case T‑541/11 Fundação Calouste Gulbenkian v OHIM – Gulbenkian (GULBENKIAN)
Community trade mark — Opposition proceedings — Application for the Community word mark GULBENKIAN — Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian — Relative grounds for refusal — Evidence of the existence of the earlier rights — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 — Article 90(a) of the Rules of Procedure
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 26 June 2014
ECLI:EU:T:2014:584 (Appeal: Case before the Court of Justice C-414/14 P) |
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Information (on unpublished decisions)
Case T‑66/12 Sedghi and Azizi v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Removal from the list of persons and entities concerned — Action for annulment — Interest in bringing proceedings — Admissibility — Obligation to state reasons — Error of assessment
Case T‑67/12 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Measures against which no action may be brought — Inadmissibility — Rights of the defence
Case T‑68/12 Hemmati v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Prohibition on entry or on transit — Action for annulment — Interest in bringing proceedings — Admissibility — Obligation to state reasons
Case T‑161/12 Free v OHIM – Conradi + Kaiser (FreeLounge)
Community trade mark — Opposition proceedings — Application for Community word mark FreeLounge — Earlier national figurative mark free ‘LA LIBERTÉ N’A PAS DE PRIX’, earlier national word mark ‘FREE’, company name ‘FREE’ and domain name ‘FREE.FR’ — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter
Cases T‑495/12 to T‑497/12 European Drinks v OHIM – Alexandrion Grup Romania (Dracula Bite and DRACULA BITE)
Community trade mark — Opposition proceedings — Application for Community figurative marks Dracula Bite and DRACULA BITE — Earlier national figurative mark Dracula — Absence of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T‑416/13 Stanleybet Malta and Stanley International Betting v Commission
Action for annulment — Competition — Operation of video lottery terminals — Grant by Greece of an exclusive licence — Decision rejecting a complaint — Act not amenable to review — Inadmissibility
Case T‑427/13 Gruppo Norton v OHIM – Marín Nicolás (Gruppo Norton S.r.l.)
Community trade mark — Opposition Proceedings — Application for Community figurative mark Gruppo Norton S.r.l. — Earlier national figurative mark NORTON HISPAŃO — Rule 49(1) of Commission Regulation (EC) No 2868/95 and Article 60 of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Action manifestly lacking any foundation in law
Case T‑172/14 R Stahlwerk Bous v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑173/14 R WeserWind v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑174/14 R Dieckerhoff Guss v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑176/14 R Georgsmarienhütte v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑178/14 R Friedrich Wilhelms-Hütte Eisenguss v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure into State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑179/14 R Schmiedewerke Gröditz v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑183/14 R Schmiedag v Commission
Interim measures — State aid — National promotion of electricity production from a renewable source — Commission decision to open formal investigation procedure in respect of State aid — Application for suspension of operation of a measure — Urgency — Prima facie case
Case T‑293/12 Syria International Islamic Bank v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Manifest error of assessment — Burden of proof — Claim for damages
Case T‑401/12 Klingel v OHIM – Develey (JUNGBORN)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark JUNGBORN — Earlier national word mark BORN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑486/12 Golam v OHIM – Pentafarma (METABOL)
Community trade mark — Opposition proceedings — Application for the Community word mark METABOL — Earlier national word mark METABOL-MG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑4/13 Communicaid Group v Commission
Public service contracts — Tendering procedure — Provision of language-training services for staff of the institutions, bodies and agencies of the European Union in Brussels — Rejection of tenders submitted by the applicant — Principle of transparency — Non-discrimination — Equal treatment — Article 94 of the Financial Regulation — Selection criteria — Obligation to state reasons — Award criteria — Manifest error of assessment
Case T‑62/13 Golam v OHIM – Glaxo Group (METABIOMAX)
Community trade mark — Opposition proceedings — Application for the Community word mark METABIOMAX — Earlier national word mark BIOMAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑281/13 Golam v OHIM – meta Fackler Arzneimittel (METABIOMAX)
Community trade mark — Opposition proceedings — Application for the Community word mark METABIOMAX — Earlier national word mark metabiarex — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑137/09 RENV Nike International v OHIM
Community trade mark — Opposition proceedings — Application for the Community word mark R 10 — Unregistered earlier national word mark R 10 — Assignment of the national trade mark — Proof of ownership of the earlier trade mark
Case T‑488/11 Sarc v Commission
State aid — Software licence agreement — Decision finding no State aid — Actions for annulment — Competitive position not substantially affected — Inadmissibility — Procedural rights of the interested parties — Admissibility — Failure to initiate formal investigation procedure — No serious difficulties — Advantage
Case T‑348/13 Kadhaf Al Dam v Council and Commission
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Inadmissibility
Case T‑352/12 Grupo Flexi de León v OHIM (FLEXI)
Community trade mark — Application for Community word mark FLEXI — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑85/13 K-Swiss v OHIM – Künzli SwissSchuh (parallel stripes on a shoe)
Community trade mark — Invalidity proceedings — Community figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑305/13 R SACE and Sace BT v Commission
Application for interim measures — State aid — Capital injections in favour of an insurance company by its public holding company — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — Urgency — Weighing up of interests
Case T‑595/10 Zenato and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (RIPASSA)
Community trade mark — Opposition proceedings — Application for Community word mark RIPASSA — Earlier national word mark VINO DI RIPASSO — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T‑382/12 Kampol v OHIM – Colmol (Nobel)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Nobel — Earlier national word mark NOBEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑410/14 R Wilders v Parliament and Others
Interim measures — European Parliament — Act concerning the election of the Members of the European Parliament by direct universal suffrage — Incompatibility of the office of Member of the European Parliament with that of member of a national parliament (ban on holding a dual mandate) — Application for interim measures — Disregard of formal requirements — Manifest inadmissibility of the main action — Inadmissibility
Case T‑1/10 RENV PPG and SNF v ECHA
Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Lack of direct concern — Inadmissibility
Case T‑273/12 Unister v OHIM (Ab in den Urlaub)
Community trade mark — Application for Community word mark Ab in den Urlaub — Mark consisting of an advertising slogan — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Absence of evidence of distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T‑330/12 Hut.com v OHIM – Intersport France (THE HUT)
Community trade mark — Opposition proceedings — Application for the Community word mark THE HUT — Earlier national word mark LA HUTTE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑523/12 Rani Refreshments v OHIM – Global-Invest Bartosz Turek (Sani)
Community trade mark — Opposition proceedings — Application for Community figurative mark Sani — Earlier Community figurative marks Hani or llani and RANI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑207/13 1872 Holdings v OHIM – Havana Club International (THE SPIRIT OF CUBA)
Community trade mark — Invalidity proceedings — Community word mark THE SPIRIT OF CUBA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑603/13 Léon Van Parys v Commission
Action for annulment — Customs Union — Request by the Commission for supplementary information from the Belgian authorities — Letter seeking information from the applicant as regards the request — Act not subject to review — Inadmissibility
Case T‑224/12 Accorinti and Others v ECB
Action for annulment — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek Government debt — Eligibility of marketable debt instruments issued or fully guaranteed by Greece for the purposes of Eurosystem monetary policy operations — Sufficient maintenance of the credit quality threshold in order to remain eligible — Collateral enhancement in the form of a buy-back scheme for debt instruments for the benefit of the national central banks — Private creditors — Whether certain legal effects may be attributed to the contested measure — No legal interest in bringing proceedings — Lack of direct concern — Inadmissibility
Case T‑564/10 Quimitécnica.com and de Mello v Commission
Competition — Agreements, decisions and concerted practices — European market in animal feed phosphates — Fines — Payment in instalments — Commission decision requiring a bank guarantee to be set up — Obligation to state reasons — Proportionality
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Judgment of the General Court (Eighth Chamber) of 26 June 2014 ECLI:EU:T:2014:583 (Appeal: Case before the Court of Justice C-415/14 P) |
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July 2014
Case T‑565/12 National Iranian Tanker Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of an annulment
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition), 3 July 2014
ECLI:EU:T:2014:608 |
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Case T‑202/13 Group'Hygiène v Commission
Action for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Trade association — No direct concern — Inadmissibility
Language of the case: French
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Order of the General Court (First Chamber), 7 July 2014
ECLI:EU:T:2014:664 |
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Case T‑401/11 P Missir Mamachi di Lusignano v Commission
Appeal — Civil service — Officials — Non-contractual liability — Personal damage suffered by the close relatives of the deceased official — Damage suffered by the official before his death — Respective jurisdiction of the General Court and the Civil Service Tribunal — Rule of correspondence between the request for compensation and the complaint against the decision rejecting that request
Language of the case: Italian
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Judgment of the General Court (Appeal Chamber), 10 July 2014
ECLI:EU:T:2014:625 |
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Case T‑376/12 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Dried grapes — Wine — Expenditure incurred by Greece — One-off financial correction — Method of calculation — Nature of the accounts clearance procedure — Connection with expenditure financed by the Union
Language of the case: Greek
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Judgment of the General Court (Fifth Chamber), 10 July 2014 (publication by extracts)
ECLI:EU:T:2014:623 |
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Case T‑540/08 Esso and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — 2006 Guidelines on the method of setting fines — Duration of the infringement — Equal treatment — Proportionality — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Third Chamber), 11 July 2014
ECLI:EU:T:2014:630 |
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Case T‑541/08 Sasol and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Liability of a parent company for the infringements of the competition rules committed by its subsidiaries and by a joint venture owned in part by it — Decisive influence exercised by the parent company — Presumption where the parent company holds 100% of the shares — Succession of undertakings — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Aggravating circumstances — Role of leader — Setting a limit on the fine — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Third Chamber), 11 July 2014
ECLI:EU:T:2014:628 |
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Case T‑543/08 RWE and RWE Dea v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Liability of a parent company for the infringements of the competition rules committed by its subsidiary and by a joint venture partially owned by it — Decisive influence exercised by the parent company — Presumption where the parent company holds 100% of the shares — Succession of undertakings — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
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Judgment of the General Court (Third Chamber), 11 July 2014
ECLI:EU:T:2014:627 |
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Case T‑533/10 DTS Distribuidora de Televisión Digital v Commission
State aid — Public service broadcasting — Aid planned by Spain for RTVE — Alteration of the funding scheme — Replacement of advertising revenues by new taxes on television and telecommunications operators — Decision declaring the aid compatible with the internal market — Fiscal measure constituting the method by which the aid measure is financed — Tax necessarily hypothecated to the aid — Direct impact of the revenue from the tax on the amount of the aid — Proportionality
Language of the case: Spanish
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Judgment of the General Court (Third Chamber), 11 July 2014
ECLI:EU:T:2014:629 (Appeal: Case before the Court of Justice C-449/14 P) |
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Case T‑151/11 Telefónica de España and Telefónica Móviles España v Commission
State aid — Public service broadcasting — Aid planned by Spain for RTVE — Alteration of the funding scheme — Replacement of advertising revenues by new taxes on television and telecommunications operators — Decision declaring the aid compatible with the internal market — Procedural rights — New aid — Alteration of the existing aid scheme — Fiscal measure constituting the method by which the aid measure is financed — Tax necessarily hypothecated to the aid — Direct impact of the revenue from the tax on the amount of the aid — Proportionality — Obligation to state reasons
Language of the case: Spanish
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Judgment of the General Court (Third Chamber), 11 July 2014
ECLI:EU:T:2014:631 |
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Case T‑59/11 Isotis v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Access-eGOV, EU4ALL, eABILITIES, Emerge, Enable, Ask-It contracts — eTEN programme relating to trans-European telecommunications networks — NavigAbile and Euridice contracts — Competitiveness and innovation framework programme — T-Seniority contract — Payment of the final balance — Counterclaim — Reimbursement of sums advanced — Liquidated damages
Language of the case: Greek
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Judgment of the General Court (First Chamber), 16 July 2014
ECLI:EU:T:2014:679 (Appeal: Case before the Court of Justice C-450/14 P) |
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Case T‑572/11 Hassan v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Actions for annulment — Adaptation of claims — Out of time — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Action for damages
Language of the case: French
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Judgment of the General Court (Seventh Chamber), 16 July 2014
ECLI:EU:T:2014:682 |
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Case T‑48/12 Euroscript — Polska v Parliament
Public procurement of services — Tender procedure — Services of translation into Polish — Decision altering an earlier decision to classify the applicant in first place on the list of selected tenderers — Award of the main framework contract to another tenderer — Request for re-evaluation of tender — Time-limit — Suspension of tender procedure — Transparency — Equal treatment
Language of the case: French
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Judgment of the General Court (Sixth Chamber), 16 July 2014
ECLI:EU:T:2014:680 |
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Case T‑457/09 Westfälisch-Lippischer Sparkassen- und Giroverband v Commission
State aid — Restructuring of WestLB — Aid to remedy a serious disturbance in the economy of a Member State — Article 87(3)(b) EC — Decision declaring the aid compatible with the common market under certain conditions — Action for annulment — Individual concern — Legal interest in bringing proceedings — Admissibility — Collegiality — Obligation to state reasons — Guidelines on State aid for rescuing and restructuring firms in difficulty — Proportionality — Principle of non-discrimination — Article 295 EC — Article 7(4) of Regulation (EC) No 659/1999
Language of the case: German
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Judgment of the General Court (First Chamber, Extended Composition), 17 July 2014
ECLI:EU:T:2014:683 |
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Information (on unpublished decisions)
Case T‑239/12 Jyoti Ceramic Industries v OHIM – DeguDent (ZIECON)
Community trade mark — Opposition proceedings –Application for Community figurative mark ZIECON — Earlier Community word mark CERCON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Examination of the facts of the court’s own motion — Article 76 of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 1 July 2014 ECLI:EU:T:2014:592 (Appeal: Case before the Court of Justice C-420/14 P) |
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Case T‑480/13 You-View.tv v OHIM – YouView TV (YouView+)
Community trade mark — Opposition proceedings — Application for Community word mark YouView+ — Earlier Benelux figurative trade mark You View You-View.tv — Late submission of documents — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 — Concept of a ‘provision to the contrary’ — Rule 20(1) of Regulation (EC) No 2868/95
Case T‑16/11 Netherlands v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure in the context of the European quota system in relation to the production of potato starch — Rights of the defence
Case T‑203/12 Alchaar v Council
Common foreign and security policy — Restrictive measures taken against Syria — Entry of an individual on the lists of persons subject to restrictive measures — Links with the regime — Rights of the defence — Right to a fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy
Joined Cases T‑319/12 and T‑321/12 Spain and Others v Commission
State aid — Cinematography — Aid for the construction and operation of a film studio complex — Decision declaring the aid incompatible with the internal market — Criterion of private market economy investor — State aid for regional purposes — Aid to promote culture — Duty to state reasons
Case T‑155/13 Zanjani v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restrictions on admission — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of the temporal effects of annulment
Case T‑157/13 Sorinet Commercial Trust Bankers v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Period allowed for adaptation of forms of order — Admissibility — Obligation to state reasons — Error of assessment — Adjustment of temporal effects of annulment
Case T‑181/13 Sharif University of Technology v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Period allowed for commencing proceedings — Admissibility — Obligation to state reasons — Error of assessment
Case T‑84/12 Uspaskich v Parliament
Action for annulment and compensation — Privileges and immunities — Member of the European Parliament — Decision to waive immunity — Re-examination — Decision not to defend immunity — Inadmissibility — Manifest inadmissibility
Case T‑1/13 Advance Magazine Publishers v OHIM – Montres Tudor (GLAMOUR)
Community trade mark — Opposition proceedings — Application for the Community word mark GLAMOUR — Earlier international mark TUDOR GLAMOUR — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑345/13 Construcción, Promociones e Instalaciones v OHIM – Copisa Proyectos y Mantenimientos Industriales (CPI COPISA INDUSTRIAL)
Community trade mark — Opposition proceedings — Application for Community figurative mark CPI COPISA INDUSTRIAL — Earlier Spanish figurative mark Cpi construcción promociones e instalaciones, s.a. and earlier trade name Construcción, Promociones e Instalaciones, S.A.-C.P.I. — Relative grounds for refusal — Article 8(1) (b) and (4) of Regulation (EC) No 207/2009 — No evidence of genuine use of the earlier mark — No evidence of use of the earlier trade name in the course of trade
Case T‑223/13 Cofresco Frischhalteprodukte v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑224/13 Melitta France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑231/13 Wepa Lille v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑232/13 SCA Hygiène Products v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑233/13 Paul Hartmann v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑234/13 Lucart France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑235/13 Gopack v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑236/13 CMC France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑237/13 SCA Tissue France v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑238/13 Delipapier v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑243/13 ICT v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑244/13 Industrie Cartarie Tronchetti Ibérica v Commission
Application for annulment — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 2013/2/EU — Rolls, tubes and cylinders around which flexible material is wound — Lack of direct concern — Inadmissibility
Case T‑493/14 R Mayer v EFSA
Application for interim measures — European Food Safety Authority (EFSA) — Refusal to extend secondment — Application for interim measures — No urgency — Inadmissibility
Case T‑184/12 Moonich Produktkonzepte & Realisierung v OHIM – Thermofilm Australia (HEATSTRIP)
Community trade mark — Opposition proceedings — Application for Community word mark HEATSTRIP — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 — Articles 75 and 76 of Regulation No 207/2009
Joined Cases T‑329/12 and T‑74/13 Al-Tabbaa v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Rights of defence — Right to an effective judicial remedy — Obligation to state reasons — Error of assessment
Case T‑520/12 Pågen Trademark v OHIM (gifflar)
Community trade mark — Application for the Community figurative mark gifflar — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — No distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009
Case T‑271/10 H v Council and Others
Application for annulment — Application for damages — Common foreign and security policy — National expert seconded to the EUPM in Bosnia and Herzegovina — Decision to redeploy — Lack of jurisdiction of the General Court — Inadmissibility
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Order of the General Court (Ninth Chamber) of 10 July 2014 ECLI:EU:T:2014:702 (Appeal: Case before the Court of Justice C-455/14 P) |
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Case T‑182/13 Moallem Insurance v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment
Case T‑425/12 Sport Eybl & Sports Experts v OHIM – Elite Licensing (e)
Community trade mark — Opposition proceedings — Application for Community figurative mark e — Earlier Community figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑5/12 BSH v OHIM (Wash & Coffee)
Community trade mark — Application for Community word mark Wash & Coffee — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009
Case T‑204/12 Vila Vita Hotel und Touristik v OHIM – Viavita (VIAVITA)
Community trade mark — Opposition proceedings — Application for Community word mark VIAVITA — Earlier national word mark VILA VITA PARC and figurative mark VILA VITA — No genuine use of earlier marks — Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009
Case T‑404/13 NIIT Insurance Technologies v OHIM (SUBSCRIBE)
Community trade mark — Application for Community word mark SUBSCRIBE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Article 56 TFEU
Case T‑463/07 Italy v Commission
EAGGF — Guarantee Section — Expenditure excluded from financing — Premiums for bovines — Olive oil and fats — Dried fodder — Effectiveness of controls — System for penalties
Case T‑223/11 Siemens v Commission
Arbitration clause — Contract for the loan of fissile material intended for the Joint Research Centre’s Ispra site — Non-performance of the contract — Default interest
Case T‑576/12 Łaszkiewicz v OHIM – Capital Safety Group EMEA (PROTEKT)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROTEKT — Earlier Community word marks PROTECTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009
Case T‑18/13 Łaszkiewicz v OHIM – Cables y Eslingas (PROTEKT)
Community trade mark — Opposition proceedings — Application for Community figurative mark PROTEKT — Earlier Spanish word marks PROTEK — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 73 of Regulation No 207/2009
Case T‑52/12 Greece v Commission
State aid — Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 — Decision declaring aid incompatible with the internal market and ordering its recovery — Concept of State aid — Article 107(3)(b) and (c) TFEU — Guidelines for State aid in the agricultural sector
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Judgment of the General Court (Seventh Chamber) of 16 July 2014 ECLI:EU:T:2014:677 (Appeal: Case before the Court of Justice C-431/14 P) |
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Case T‑295/12 Germany v Commission
State aid — Animal carcass and slaughter waste disposal services — Maintaining epidemic reserve capacity — Decision declaring aid to be incompatible with the internal market — Advantage — Service of general economic interest — Compensation relating to a public service obligation — Effect on trade between Member States and distortion of competition — Need for aid — Subsidiarity — Duty to state reasons
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Judgment of the General Court (Fifth Chamber) of 16 July 2014 ECLI:EU:T:2014:675 (Appeal: Case before the Court of Justice C-446/14 P) |
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Case T‑309/12 Zweckverband Tierkörperbeseitigung v Commission
State aid — Animal carcass and slaughter waste disposal services — Maintaining epidemic reserve capacity — Decision declaring aid to be incompatible with the internal market — ‘Undertaking’ — Advantage — Service of general economic interest — Compensation relating to a public service obligation — Effect on trade between Member States and distortion of competition — Existing aid or new aid — Need for aid — Subsidiarity — Legitimate expectations — Legal certainty — Proportionality
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Judgment of the General Court (Fifth Chamber) of 16 July 2014 ECLI:EU:T:2014:676 (Appeal: Case before the Court of Justice C-447/14 P) |
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Case T‑578/12 National Iranian Oil Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Standing to bring proceedings — Admissibility — Obligation to state reasons — Indication and choice of legal basis — Powers of the Council — Principle of foreseeability of European Union acts — Meaning of providing support to nuclear proliferation — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Proportionality — Right to property
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Judgment of the General Court (Seventh Chamber) of 16 July 2014 ECLI:EU:T:2014:678 (Appeal: Case before the Court of Justice C-440/14 P) |
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Case T‑36/13 Erreà Sport v OHIM – Facchinelli (ANTONIO BACIONE)
Community trade mark — Opposition proceedings — Application for Community figurative mark ANTONIO BACIONE — Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009
Case T‑66/13 Langguth Erben v OHIM (Shape of an alcoholic beverage bottle)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of an alcoholic beverage bottle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2), Article 75, Article 76(1) and Article 77 of Regulation (EC) No 207/2009
Case T‑196/13 Nanu-Nana Joachim Hoepp v OHIM – Stal-Florez Botero (la nana)
Community trade mark — Invalidity proceedings — Application for the Community figurative mark ‘la nana’ — Earlier national word mark NANA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
Case T‑315/13 Kompas MTS v Parliament and Others
Action for damages — Harm allegedly suffered following the transposition into Austrian law of a directive on the manufacture, presentation and sale of tobacco products — Labelling of tobacco products — Restrictions on the import of tobacco products — Action manifestly lacking any basis in law
Case T‑324/13 Endoceutics v OHIM – Merck (FEMIVIA)
Community trade mark — Opposition proceedings — Application for the Community word mark FEMIVIA — Earlier Community word mark FEMIBIO — International registration designating the European Community of the earlier figurative mark femibion — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑189/14 R Deza v ECHA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use a chemical substance — Decision to allow a third party access to the documents — Application for suspension of operation — Urgency — Prima facie case — Weighing up of interests
August 2014
Information (on unpublished decisions)
Case T‑215/14 R Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
Interim proceedings — State aid — Airport infrastructure — Public finance granted by the local authorities to a regional airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of urgency
Case T‑217/14 R Gmina Kosakowo v Commission
Interim proceedings — State aid — Airport infrastructure — Public finance granted by the local authorities to a regional airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation — Lack of urgency
Case T‑532/14 R Alsharghawi v Council
Interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — List of persons and entities to which those measures apply — Application for suspension of operation — Lack of urgency — Weighing of interests
September 2014
Case T‑112/11 Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Action for annulment — Registration of a protected geographical indication — ‘Edam Holland’ — No legal interest in bringing proceedings — No direct concern — Inadmissibility
Language of the case: German
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Order of the General Court (Sixth Chamber), 3 September 2014
ECLI:EU:T:2014:752 (Appeal: Case before the Court of Justice C-517/14 P) |
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Case T‑113/11 Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Action for annulment — Registration of a protected geographical indication — ‘Gouda Holland’ — No legal interest in bringing proceedings — No direct concern — Inadmissibility
Language of the case: German
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Order of the General Court (Sixth Chamber), 3 September 2014
ECLI:EU:T:2014:756 (Appeal: Case before the Court of Justice C-519/14 P) |
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Case T‑583/13 Shire Pharmaceutical Contracts v Commission
Action for annulment — Medicinal products for paediatric use — Regulation (EC) No 1901/2006 — Article 37 — Extension of the duration of the market exclusivity of non-patented orphan medicinal products — Non-actionable measure — Inadmissibility
Language of the case: English
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Order of the General Court (Eighth Chamber), 3 September 2014
ECLI:EU:T:2014:776 |
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Case T‑471/11 Éditions Odile Jacob v Commission
Competition — Concentrations — Book publishing market — Decision declaring the concentration compatible with the common market subject to sale of assets — Decision approving the purchaser of the assets sold — Decision taken following the annulment by the General Court of the initial decision concerning the same procedure — Legal interest in bringing proceedings — Breach of Article 266 TFEU — Failure to comply with the commitments imposed by the conditional clearance decision — Distinction between conditions and obligations — Principle of non-retroactivity — Assessment of the prospective purchaser — Purchaser’s independence from the seller — Misuse of powers — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Second Chamber), 5 September 2014
ECLI:EU:T:2014:739 (Appeal: Case before the Court of Justice C-514/14 P) |
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Case T‑461/12 Hansestadt Lübeck v Commission
State aid — Airport charges — Lübeck Airport — Decision to initiate the procedure laid down in Article 108(2) TFEU — Article 107(1) TFEU — Manifest error of assessment — Article 10 of Regulation (EC) No 659/1999
Language of the case: German
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Judgment of the General Court (Third Chamber), 9 September 2014 (publication by extracts)
ECLI:EU:T:2014:758 (Appeal: Case before the Court of Justice C-524/14 P) |
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Case T‑494/12 Biscuits Poult v OHIM – Banketbakkerij Merba (Biscuit)
Community trade mark — Invalidity proceedings — Registered Community design representing a broken biscuit — Ground for invalidity — Lack of individual character — Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: French
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Judgment of the General Court (Third Chamber), 9 September 2014
ECLI:EU:T:2014:757 |
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Case T‑425/11 Greece v Commission
State aid — Greek casinos — System providing for a levy of 80% on admission fees of different amounts — Decision declaring the aid incompatible with the internal market — Concept of State aid — Advantage
Language of the case: Greek
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Judgment of the General Court (Second Chamber), 11 September 2014
ECLI:EU:T:2014:768 (Appeal: Case before the Court of Justice C-530/14 P) |
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Case T‑443/11 Gold East Paper and Gold Huasheng Paper v Council
Dumping — Imports of coated fine paper originating in China — Status as an undertaking evolving in a market economy — Time-limit for adopting a decision as to that status — Diligent and impartial examination — Rights of the defence — Manifest error of assessment — Principle of sound administration — Burden of proof — Injury — Determination of the profit margin — Definition of the product concerned — Community industry — Causal link
Language of the case: English
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Judgment of the General Court (Third Chamber), 11 September 2014
ECLI:EU:T:2014:774 |
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Case T‑444/11 Gold East Paper and Gold Huasheng Paper v Council
Subsidies — Imports of coated fine paper originating in China — Methodology — Calculation of the advantage — Manifest error of assessment — Specificity — Depreciation period — Preferential tax treatments — Compensatory measures — Injury — Determination of the profit margin — Definition of the product concerned — Community industry — Causal link
Language of the case: English
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Judgment of the General Court (Third Chamber), 11 September 2014
ECLI:EU:T:2014:773 |
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Case T‑168/12 Georgias and Others v Council and Commission
Common foreign and security policy — Restrictive measures adopted against certain persons and entities in view of the situation in Zimbabwe — Freezing of funds — Non-contractual liability — Causal link — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Manifest error of assessment — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 18 September 2014
ECLI:EU:T:2014:781 (Appeal: Case before the Court of Justice C-545/14 P) |
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Case T‑317/12 Holcim (Romania) v Commission
Non-contractual liability — Scheme for greenhouse gas emission allowance trading — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving emission allowances allegedly stolen — Sufficiently serious breach of a rule of law conferring rights on individuals — Strict liability
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 18 September 2014
ECLI:EU:T:2014:782 (Appeal: Case before the Court of Justice C-556/14 P) |
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Case T‑669/11 Spirlea and Spirlea v Commission
Access to documents — Regulation (EC) No 1049/2001 — Document originating from Germany in the context of an EU Pilot procedure — Article 4, paragraphs 4 and 5 — Article 4, paragraph 2, third indent — Refusal of access — Infringement of essential procedural requirements — Obligation to carry out a specific, individual examination — Partial access — Overriding public interest
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 25 September 2014
ECLI:EU:T:2014:814 |
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Case T‑171/12 Peri v OHIM (Shape of a turnbuckle) h a pe o f a t u r n b u c k l e h a pe o f a t u r n b u c k l e)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a turnbuckle — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 25 September 2014
ECLI:EU:T:2014:817 |
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Case T‑306/12 Spirlea and Spirlea v Commission
Access to documents — Regulation (EC) No 1049/2001 — Article 4, paragraph 2, third indent — Requests for information sent by the Commission to Germany in the context of an EU Pilot procedure — Refusal of access — Obligation to carry out a specific, individual examination — Overriding public interest — Partial access — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 25 September 2014
ECLI:EU:T:2014:816 (Appeal: Case before the Court of Justice C-562/14 P) |
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Case T‑474/12 Giorgis v OHIM – Comigel (Shape of two packaged goblets)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of two packaged goblets — Absolute ground for refusal — Lack of distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Seventh Chamber), 25 September 2014
ECLI:EU:T:2014:813 (Appeal: Case before the Court of Justice C-531/14 P) |
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Case T‑601/11 Dansk Automat Brancheforening v Commission
Actions for annulment — State aid — Online gaming — Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades — Decision declaring aid compatible with the internal market — Aid to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: Danish
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Judgment of the General Court (Fifth Chamber), 26 September 2014
ECLI:EU:T:2014:839 (Appeal: Case before the Court of Justice C-563/14 P) |
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Joined Cases T‑91/12 and T‑280/12 Flying Holding and Others v Commission
Public service contracts — Tender procedure — Provision of non-scheduled passenger transport services by air and chartered air-taxi service — Rejection of application — Article 94(b) of the Financial Regulation — Rights of the defence — Article 134(5) of the detailed rules for the implementation of the Financial Regulation — Actions for annulment — Letter responding to a request made by the applicants — Act not amenable to review — Award decision — Lack of direct concern — Inadmissibility — Non-contractual liability
Language of the case: French
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Judgment of the General Court (Second Chamber), 26 September 2014
ECLI:EU:T:2014:832 |
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Case T‑445/12 Koscher + Würtz v OHIM – Kirchner & Wilhelm (KW SURGICAL INSTRUMENTS)
Community trade mark — Opposition proceedings — International registration of a trade mark designating the European Community — Figurative mark KW SURGICAL INSTRUMENTS — Earlier national word mark Ka We — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Appeal procedure — Scope of the examination to be carried out by the Board of Appeal — Proof of genuine use of the earlier mark — Application submitted to the Opposition Division — Refusal to register the trade mark applied for without prior examination of the condition of genuine use of the earlier trade mark — Error of law — Power to alter decisions
Language of the case: German
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Judgment of the General Court (Second Chamber), 26 September 2014
ECLI:EU:T:2014:829 |
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Case T‑614/13 Romonta v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementing measures submitted by Germany — Hardship clause — Freedom to choose an occupation and to conduct a business — Right to property — Proportionality
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 26 September 2014
ECLI:EU:T:2014:835 (Appeal: Case before the Court of Justice C-565/14 P) |
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Information (on unpublished decisions)
Case T‑336/13 Borghezio v Parliament
Action for annulment — Declaration of the President of the European Parliament, in plenary session, informing the assembly of the exclusion of an MEP from the political group to which he was attached — Act not amenable to review — Action manifestly inadmissible
Case T‑538/13 Verein Natura Havel and Vierhaus v Commission
Access to documents — Regulation (EC) No 1049/2001 — Letter of formal notice sent in the context of ongoing infringement proceedings concerning the compliance with EU law of German aviation law — Refusal of access — Exception relating to the protection of the purpose of inspections, investigations and audits — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑261/12 Diadikasia Symvouloi Epicheiriseon v Commission
Actions for damages — Public service contract — Tender procedure — Strengthening the institutional capacity of the Commission for protection of competition in Serbia — Rejection of a tender — Action manifestly lacking any foundation in law
Case T‑386/13 Kėdainių rajono Okainių and Others v Council and Commission
Action for annulment — Common Agricultural Policy — Direct support schemes for farmers — Authorisation for granting complementary national direct payments in Lithuania for 2012 — Time limit for bringing an action — Point from which time runs — Inadmissibility — Plea of illegality
Case T‑686/13 Unibail Management v OHIM (Representation of two lines and four stars)
Community trade mark — Application for a Community figurative trade mark representing two lines and four stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons
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Judgment of the General Court (Third Chamber) of 3 September 2014 ECLI:EU:T:2014:737 (Appeal: Case before the Court of Justice C-512/14 P) |
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Case T‑687/13 Unibail Management v OHIM (Representation of two lines and five stars)
Community trade mark — Application for a Community figurative trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons
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Judgment of the General Court (Third Chamber) of 3 September 2014 ECLI:EU:T:2014:736 (Appeal: Case before the Court of Justice C-513/14 P) |
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Case T‑286/14 R Röchling Oertl Kunststofftechnik v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑287/14 R Schaeffler Technologies v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑288/14 R Energiewerke Nord v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑294/14 R Klemme v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑295/14 R Autoneum Germany v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑296/14 R Erbslöh v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑297/14 R Walter Klein v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑298/14 R Erbslöh Aluminium v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑300/14 R Fricopan Back v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑301/14 R Michelin Reifenwerke v Commission
Application for interim measures — State aid — National support for the generation of renewable electricity — Commission decision to open the State aid formal investigation procedure — Application for suspension of operation of a measure — Prima facie case
Case T‑516/11 MasterCard and Others v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a study of the costs and benefits to merchants of accepting different payment methods — Documents drawn up by a third party — Refusal of access — Exception relating to the protection of the decision-making process — Exception relating to the protection of the commercial interests of a third party
Case T‑218/12 Micrus Endovascular v OHIM – Laboratórios Delta (DELTA)
Community trade mark — Opposition proceedings — Application for Community word mark DELTA — Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑199/13 DTM Ricambi v OHIM – STAR (STAR)
Community trade mark — Opposition proceedings — Application for Community figurative mark STAR — Earlier international figurative mark STAR LODI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑354/13 Zentralverband des Deutschen Bäckerhandwerks v Commission
Action for annulment — Protected geographical indication ‘Kołocz śląski’ or Kołacz śląski’ — Rejection of the application for annulment of the registration — Act not amenable to review — Inadmissibility
Case T‑650/13 Lomnici v Parliament
Action for annulment — Petition addressed to the European Parliament concerning the new law on Slovak citizenship — Petition declared admissible — Decision to close the procedure — Act not amenable to review — Inadmissibility
Case T‑170/08 Commission v ID FOS Research
Arbitration clause — Contracts for financial assistance concerning projects in the field of industrial and materials technologies — Reimbursement of a part of the sums paid — Default interest
Case T‑450/11 Galileo International Technology v OHIM – ESA and Commission (GALILEO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark GALILEO — Earlier Community word marks GALILEO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the goods and services at issue
Case T‑536/12 Aroa Bodegas v OHIM – Bodegas Muga (aroa)
Community trade mark — Opposition procedure — Application for Community figurative mark aroa — Earlier national figurative mark Aro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal to register
Case T‑127/13 El Corte Inglés v OHIM – Baumarkt Praktiker Deutschland (PRO OUTDOOR)
Community trade mark — Opposition proceedings — Application for the Community word mark PRO OUTDOOR — Earlier Community figurative mark OUTDOOR garden barbecue camping — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Subject-matter of the proceedings before the Board of Appeal — Articles 60 and 64(1) of Regulation No 207/2009
Case T‑185/13 Continental Wind Partners v OHIM – Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)
Community trade mark — Opposition proceedings — Application for Community figurative mark CONTINENTAL WIND PARTNERS — Earlier international figurative mark Continental — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration
Case T‑34/11 Canon Europa v Commission
Action for annulment — Customs Union — Common Customs Tariff — Tariff and Statistical Nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those subheadings — Regulatory act entailing implementing measures — Inadmissible
Case T‑35/11 Kyocera Mita Europe v Commission
Actions for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those tariff subheadings — Regulatory act entailing implementing measures — Inadmissibility
Case T‑497/13 Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)
Community trade mark — Application for Community word mark PRECISION SPECTRA — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑354/12 Afepadi and Others v Commission
Action for annulment — Health claims made in the labelling and advertising of foods — Regulation (EU) No 432/2012 — Recitals 11, 14 and 17 — Act not amenable to review — Inadmissibility
Case T‑262/12 Central Bank of Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Lis pendens — Obligation to state reasons — Rights of the defence
Case T‑90/13 Herdade de S. Tiago II v OHIM – Polo/Lauren (V)
Community trade mark — Opposition proceedings — Application for the Community figurative mark V — Earlier Community, national and Benelux figurative marks representing a polo player — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑265/13 Polo/Lauren v OHIM – FreshSide (Representation of a boy on a bicycle holding a mallet)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a boy on a bicycle holding a mallet — Earlier Community and national figurative marks representing a polo player — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T‑267/13 El Corte Inglés v OHIM – Gaffashion (BAUSS)
Community trade mark — Opposition proceedings — Application for Community word mark BAUSS — Earlier Community figurative mark BASS3TRES — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of confusion
Case T‑103/14 R II Frucona Košice v Commission
Application for interim measures — State aid — Alcohol and spirits — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Lack of any urgency — Prima facie case not made out
Joined Cases T‑196/11 and T‑542/12 Mikhalchanka v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Inclusion and retention of the applicant’s name on the list of persons concerned — Journalist — Action for annulment — Time-limit for instituting proceedings — Partial inadmissibility — Rights of the defence — Obligation to state reasons — Error of assessment
Case T-646/11 Ipatau v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through the European Union — Action for annulment — Time-limit for instituting proceedings — Admissibility — Obligation to state reasons — Rights of the defence — Error of assessment
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Judgment of the General Court (First Chamber) of 23 September 2014 ECLI:EU:T:2014:800 (Appeal: Case before the Court of Justice C-535/14 P) |
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Case T‑195/12 Nuna International v OHIM – Nanu-Nana Joachim Hoepp (nuna)
Community trade mark — Opposition proceedings — Application for the Community figurative mark nuna — Earlier Community word marks NANA and NANU-NANA — Relative ground for refusal — No likelihood of confusion — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑11/13 Tegometall International v OHIM – Irega (MEGO)
Community trade mark — Invalidity proceedings — Community word mark MEGO — Relative ground for refusal — Earlier opposition proceedings — No application of the principle of res judicata
Case T‑178/13 Jaczewski v Commission
Action for annulment — Agriculture — Interest in bringing proceedings — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T‑341/13 Groupe Léa Nature v OHIM – Debonair Trading Internacional (SO'BiO ētic)
Community trade mark — Opposition proceedings — Application for Community figurative mark SO’BiO ētic — Earlier Community and national word and figurative marks SO…? — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 23 September 2014 ECLI:EU:T:2014:802 (Appeal: Case before the Court of Justice C-537/14 P) |
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Case T‑493/12 Sanofi v OHIM – GP Pharm (GEPRAL)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark GEPRAL — Earlier international word mark DELPRAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑348/13 Kadhaf Al Dam v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Obligation to state reasons — Manifest error of assessment — Temporal adjustment of the effects of annulment — Non-contractual liability
Case T‑484/12 Cewe Stiftung v OHIM (SMILECARD)
Community trade mark — Application for Community word mark SMILECARD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑516/12 Ted-Invest v OHIM – Scandia Down (sensi scandia)
Community trade mark — Invalidity proceedings — Community figurative mark sensi scandia — Earlier Community word mark SCANDIA HOME — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T‑605/13 Alma-The Soul of Italian Wine v OHIM – Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
Community trade mark — Opposition proceedings — Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier Community word mark VIÑA SOL — Relative ground for refusal — Article 75 of Regulation (EC) No 207/2009 — Duty to state reasons
Case T‑498/11 Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Renovation of a website — Rejection of a tenderer’s tender — Award of contract to another tenderer — Action for annulment — Obligation to state reasons — Award criteria — Manifest errors of assessment — Claim for damages
Case T‑615/11 Royal Scandinavian Casino Århus v Commission
Action for annulment — State aid — Online games — Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms — Decision declaring the aid compatible with the internal market — Aid intended to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
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Judgment of the General Court (Fifth Chamber) of 26 September 2014 ECLI:EU:T:2014:838 (Appeal: Case before the Court of Justice C-541/14 P) |
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Case T‑490/12 Arnoldo Mondadori Editore v OHIM – Grazia Equity (GRAZIA)
Community trade mark — Opposition proceedings — Application for Community word mark GRAZIA — Earlier national figurative mark GRAZIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of similarity between the goods — Article 8(5) of Regulation No 207/2009 — Reputation — No link between the marks at issue
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Judgment of the General Court (Fifth Chamber) of 26 September 2014 ECLI:EU:T:2014:840 (Appeal: Case before the Court of Justice C-548/14 P) |
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Case T‑222/13 B&S Europe v Commission
Public service contracts — Call for tenders — Short-term services in the exclusive interest of third countries benefiting from European Union external aid — Rejection of the application — Selection criteria — Contracts divided into tranches — Reference project — Duty to state reasons — Principle of sound administration — Legitimate expectations — Principle of impartiality — Audi alteram partem rule
Case T‑266/13 Brainlab v OHIM (Curve)
Community trade mark — Application for Community word mark Curve — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
Case T‑629/13 Molda v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to a professional activity and to conduct a business — Right to property — Proportionality
Case T‑630/13 DK Recycling und Roheisen v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to conduct a business — Right to property — Proportionality
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Judgment of the General Court (Fifth Chamber) of 26 September 2014 ECLI:EU:T:2014:833 (Appeal: Case before the Court of Justice C-540/14 P) |
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Case T‑631/13 Raffinerie Heide v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures presented by Germany — Clause relating to extremely difficult cases — Freedom to conduct a business — Right to property — Proportionality
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Judgment of the General Court (Fifth Chamber) of 26 September 2014 ECLI:EU:T:2014:830 (Appeal: Case before the Court of Justice C-564/14 P) |
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Case T‑634/13 Arctic Paper Mochenwangen v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Transitional rules concerning the harmonised allocation of emission allowances free of charge as from 2013 — Decision 2011/278/EU — National implementation measures submitted by Germany — Clause on cases with undue hardship — Freedom to conduct a business — Right to property — Proportionality
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Judgment of the General Court (Fifth Chamber) of 26 September 2014 ECLI:EU:T:2014:828 (Appeal: Case before the Court of Justice C-551/14 P) |
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Case T‑51/12 Scooters India v OHIM – Brandconcern (LAMBRETTA)
Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Partial revocation — Article 51(2) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 30 September 2014 ECLI:EU:T:2014:844 (Appeal: Case before the Court of Justice C-577/14 P) |
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Case T‑132/12 Scooters India v OHIM – Brandconcern (LAMBRETTA)
Community trade mark — Revocation proceedings — Community word mark LAMBRETTA — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T‑410/13 Bitiqi and Others v Commission and Others
Action for annulment — Common Foreign and Security Policy — ‘Rule of law’ mission conducted by the European Union in Kosovo (Eulex Kosovo) — Decisions of the head of the mission not to renew the employment contracts — Manifest lack of jurisdiction
October 2014
Case T‑177/12 Spraylat v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Proportionality
Language of the case: German
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Judgment of the General Court (Sixth Chamber), 2 October 2014
ECLI:EU:T:2014:849 |
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Case T‑39/13 Cezar v OHIM – Poli-Eco (Insert)
Community design — Invalidity proceedings — Registered Community design representing an insert — Earlier design — Novelty — Individual character — Visible features of a component part of a complex product — Assessment of the earlier design — Articles 3, 4, 5, 6 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 3 October 2014
ECLI:EU:T:2014:852 |
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Case T‑534/11 Schenker v Commission
Access to documents — Regulation (EC) No 1049/2001 — Administrative file and final Commission decision concerning a cartel, non-confidential version of that decision — Refusal of access — Obligation to carry out a specific, individual examination — Exception relating to the protection of the commercial interests of a third party — Exception relating to protection of the purpose of investigations — Overriding public interest
Language of the case: German
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Judgment of the General Court (First Chamber), 7 October 2014
ECLI:EU:T:2014:854 |
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Case T‑542/11 Alouminion v Commission
State aid — Aluminium — Preferential electricity tariff granted by contract — Decision declaring the aid unlawful and incompatible with the internal market — Termination of the contract — Judicial suspension, as an interim measure, of the effects of termination of the contract — New aid
Language of the case: Greek
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Judgment of the General Court (Fourth Chamber), 8 October 2014
ECLI:EU:T:2014:859 (Appeal: Case before the Court of Justice C-590/14 P) |
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Case T‑342/12 Fuchs v OHIM – Les Complices (Star within a circle)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a star within a circle — Earlier Community and national figurative marks representing a star within a circle — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation No 207/2009 — Revocation of the earlier Community mark — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate in part
Language of the case: English
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Judgment of the General Court (Second Chamber), 8 October 2014
ECLI:EU:T:2014:858 |
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Case T‑68/09 Soliver v Commission
Competition — Agreements, decisions and concerted practices — European market in carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Regulation (EC) No 1/2003 — Single and continuous infringement — Participation in the infringement
Language of the case: Dutch
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Judgment of the General Court (Second Chamber), 10 October 2014
ECLI:EU:T:2014:867 |
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Case T‑177/10 Alcoa Trasformazioni v Commission
State aid — Electricity — Preferential tariff — Decision declaring aid incompatible with the common market and ordering its recovery — Advantage — Obligation to state reasons — Amount of the aid — New aid
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber), 16 October 2014
ECLI:EU:T:2014:897 (Appeal: Case before the Court of Justice C-604/14 P) |
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Joined Cases T‑208/11 and T‑508/11 LTTE v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Applicability of Regulation (EC) No 2580/2001 to situations of armed conflict — Possibility for an authority of a non-member State to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Need for a decision of a competent authority within the meaning of Common Position 2001/931
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition), 16 October 2014
ECLI:EU:T:2014:885 (Appeal: Case before the Court of Justice C-599/14 P) |
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Case T‑291/11 Portovesme v Commission
State aid — Electricity — Preferential tariff — Decision declaring the aid incompatible with the internal market — Concept of State aid — New aid — Equal treatment — Reasonable period
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber), 16 October 2014 (publication by extracts)
ECLI:EU:T:2014:896 (Appeal: Case before the Court of Justice C-606/14 P) |
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Case T‑517/12 Alro v Commission
State aid — Electricity — Preferential tariffs — Decision to initiate the procedure under Article 108(2) TFEU — Action for annulment — Act not open to challenge — Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought — Inadmissibility
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 16 October 2014
ECLI:EU:T:2014:890 |
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Case T‑327/13 Mallis and Malli v Commission and ECB
Actions for annulment — Programme of stability support for Cyprus — Euro Group statement on the restructuring of the banking sector in Cyprus — Mistaken designation of defendant in the application — Inadmissibility
Language of the case: Greek
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Order of the General Court (First Chamber), 16 October 2014
ECLI:EU:T:2014:909 (Appeal: Case before the Court of Justice C-105/15 P) |
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Case T‑458/13 Larrañaga Otaño and Larrañaga Otaño v OHIM (GRAPHENE)
Community trade mark — Application for Community word mark GRAPHENE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 16 October 2014
ECLI:EU:T:2014:891 |
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Case T‑453/11 Szajner v OHIM – Forge de Laguiole (LAGUIOLE)
Community trademark — Invalidity proceedings — Community word mark LAGUIOLE — Earlier French business name Forge de Laguiole — Articles 53(1)(c) and 8(4) of Regulation (EC) No 207/2009
Language of the case: French
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Judgment of the General Court (First Chamber), 21 October 2014
ECLI:EU:T:2014:901 (Appeal: Case before the Court of Justice C-598/14 P) |
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Case T‑429/13 Bayer CropScience v Commission
Intervention — Interest in the result of the case — Representative associations whose object is the protection of their members’ interests — Confidentiality
Language of the case: English
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Order of the General Court (First Chamber), 21 October 2014 (publication by extracts)
ECLI:EU:T:2014:920 |
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Case T‑29/11 Technische Universität Dresden v Commission
Arbitration clause — Programme of Community action in the field of public health — Contract for the funding of a project — Action for annulment — Debit note — Contractual nature of the dispute — Act not amenable to review — Inadmissibility — Reclassification of the action — Eligible costs
Language of the case: German
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Judgment of the General Court (Second Chamber), 24 October 2014
ECLI:EU:T:2014:912 |
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Information (on unpublished decisions)
Case T‑256/13 Italy v Commission
Social policy — Community action programmes in the field of youth — Partial reimbursement of the funding paid — Ineligibility of certain sums — Exceeding of the upper limit provided for in respect of a category of actions — Implementation by the national agencies of procedures to recover the sums wrongly used from the final beneficiaries
Case T‑263/13 Lausitzer Früchteverarbeitung v OHIM – Rivella International (holzmichel)
Community trade mark — Opposition proceedings — Application for the Community figurative mark holzmichel — Earlier international figurative marks Michel and Michel POWER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑340/07 RENV Evropaïki Dynamiki v Commission
Arbitration clause — Contract relating to Community financial support for a project in the framework of the ‘eContent’ programme — Termination of the contract by the Commission — Reimbursement of eligible costs
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Judgment of the General Court (Sixth Chamber) of 2 October 2014 ECLI:EU:T:2014:847 (Appeal: Case before the Court of Justice C-575/14 P) |
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Case T‑199/12 Euro-Link Consultants and European Profiles v Commission
Public service contracts — Tender procedure — Crimean tourism diversification and support project — Rejection of the applicants’ tender — Action for annulment — Measure not amenable to review — Confirmatory measure — Partial inadmissibility — Obligation to state reasons — Award criteria — Manifest error of assessment — Misuse of powers — Equal treatment
Case T‑215/12 MPM-Quality and Eutech v OHIM – Elton Hodinářská (MANUFACTURE PRIM 1949)
Community trade mark — Invalidity proceedings — Community figurative mark MANUFACTURE PRIM 1949 — Earlier international and national marks PRIM — Bad faith — Article 165(4) of Regulation (EC) No 207/2009 — Articles 41 and 56 of Regulation No 207/2009 — Article 52(1)(b) of Regulation No 207/2009 — No genuine use of the earlier mark — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑531/12 Tifosi Optics v OHIM – Tom Tailor (T)
Community trade mark — Opposition proceedings — Application for Community figurative mark T — Earlier Community figurative mark T — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑300/12 Lidl Stiftung v OHIM – A Colmeia do Minho (FAIRGLOBE)
Community trade mark — Opposition proceedings — Application for Community figurative mark FAIRGLOBE — Earlier national word marks GLOBO — Relative ground for refusal — No proof of genuine use of the earlier marks — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95
Case T‑77/13 Laboratoires Polive v OHIM – Arbora & Ausonia (DODIE)
Community trade mark — Opposition proceedings — Application for Community word mark DODIE — Earlier national word mark DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter decisions
Cases T‑122/13 and T‑123/13 Laboratoires Polive v OHIM – Arbora & Ausonia (dodie)
Community trade mark — Opposition proceedings — Application for Community figurative mark dodie — Earlier national word marks DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑479/13 Marchiani v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of undue payments
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Judgment of the General Court (Third Chamber) of 10 October 2014 ECLI:EU:T:2014:866 (Appeal: Case before the Court of Justice C-566/14 P) |
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Case T‑515/12 El Corte Inglés v OHIM – English Cut (The English Cut)
Community trade mark — Opposition proceedings — Application for Community word mark The English Cut — Earlier national word and Community figurative marks El Corte Inglés — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Connection between the signs — No similarity between the signs — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 15 October 2014 ECLI:EU:T:2014:882 (Appeal: Case before the Court of Justice C-603/14 P) |
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Case T‑262/13 Skysoft Computersysteme v OHIM – British Sky Broadcasting Group and Sky IP International (SKYSOFT)
Community trade mark — Opposition proceedings — Application for Community word mark SKYSOFT — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑308/11 Eurallumina v Commission
State aid — Electricity — Preferential rate — Decision declaring the aid incompatible with the internal market — Concept of State aid — New aid
Case T‑297/12 Evropaïki Dynamiki v Commission
Non-contractual liability — Public service contracts — Disclosure by the Commission to third parties of information allegedly harmful to the applicant’s reputation — Non-pecuniary loss — Sufficiently serious infringement of a legal rule conferring rights on individuals
Case T‑444/12 Novartis v OHIM – Tenimenti Angelini (LINEX)
Community trade mark — Opposition proceedings — Application for Community word mark LINEX — Earlier national word mark LINES PERLA — Relative ground for refusal — Likelihood of confusion — Article 76(1), in fine, of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009
Case T‑129/13 Alpiq RomIndustries and Alpiq RomEnergie v Commission
State aid — Electricity — Preferential tariffs — Decision to open the procedure laid down in Article 108(2) TFEU — Action for annulment — Act not subject to appeal — Aid measure implemented in full prior to the date on which the action was brought — Inadmissible
Case T‑297/13 Junited Autoglas Deutschland v OHIM – Belron Hungary (United Autoglas)
Community trade mark — Opposition proceedings — Application for the Community word mark United Autoglas — Earlier national figurative mark AUTOGLASS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 16 October 2014 ECLI:EU:T:2014:893 (Appeal: Case before the Court of Justice C-579/14 P) |
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Case T‑328/13 Tameio Pronoias Prosopikou Trapezis Kyprou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
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Order of the General Court (First Chamber) of 16 October 2014 ECLI:EU:T:2014:906 (Appeal: Case before the Court of Justice C-106/15 P) |
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Case T‑329/13 Chatzithoma and Chatzithoma v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
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Order of the General Court (First Chamber) of 16 October 2014 ECLI:EU:T:2014:908 (Appeal: Case before the Court of Justice C-107/15 P) |
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Case T‑330/13 Chatziioannou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
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Order of the General Court (First Chamber) of 16 October 2014 ECLI:EU:T:2014:904 (Appeal: Case before the Court of Justice C-108/15 P) |
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Case T‑331/13 Nikolaou v Commission and ECB
Action for annulment — Cyprus stability support programme — Declaration of the Eurogroup concerning the restructuring of the banking sector in Cyprus — Erroneous identification of the defendant in the application — Inadmissibility
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Order of the General Court (First Chamber) of 16 October 2014 ECLI:EU:T:2014:905 (Appeal: Case before the Court of Justice C-109/15 P) |
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Case T‑332/13 Christodoulou and Stavrinou v Commission and ECB
Action for annulment — Support programme for stability in Cyprus — Statement by the Eurogroup concerning the restructuring of the banking sector in Cyprus — Incorrect designation of the defendant in the application — Inadmissibility
Case T‑340/13 Federación Española de Hostelería v EACEA
Action for annulment — Lifelong learning programme — Contract concerning the ‘Virtual simulator for language training for tourism professionals (e-client)’ — Pre-information letter — Contractual nature of dispute — Act not subject to appeal — No reclassification of contract — Inadmissibility
Case T‑459/13 Larrañaga Otaño and Larrañaga Otaño v OHIM (GRAPHENE)
Community trade mark — Application for Community word mark GRAPHENE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑268/13 Italy v Commission
Failure to comply with a judgment of the Court establishing an infringement — Periodic penalty payment — Judgment quantifying the amount — Recovery obligation — Undertakings subject to insolvency proceedings — Subject of the insolvency proceedings at issue — Due diligence — Burden of proof
Case T‑692/13 SACBO v Commission and INEA
Action for annulment — Trans-European network — Action concerning the realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport (Italy) — Decision declaring certain costs advanced ineligible and demanding repayment of the corresponding amounts — Misidentification of the defendant — Partial inadmissibility
Case T‑695/13 ENAC v Commission and INEA
Action for annulment — Trans-European network — Action concerning the realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport (Italy) — Decision declaring certain costs advanced ineligible and demanding repayment of the corresponding amounts — Misidentification of the defendant — Partial inadmissibility
Case T‑706/14 R Holistic Innovation Institute v REA
Application for interim measures — Projects funded by the European Union in the field of research and technological development — Decision refusing participation in certain projects — Application for suspension of operation — Disregard of formal requirements — Inadmissibility
Case T‑543/12 Grau Ferrer v OHIM – Rubio Ferrer (Bugui va)
Community trade mark — Opposition proceedings — Application for the figurative Community mark Bugui va — Earlier national figurative mark Bugui and earlier Community figurative mark BUGUI — Relative ground for refusal — Rejection of the opposition — Article 76(2) of Regulation (EC) No 207/2009 — Existence of the earlier mark — Evidence presented in support of the opposition before the Board of Appeal not taken into account — Board of Appeal’s discretion — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1), second paragraph, point (a) of Regulation No 207/2009 — Genuine use of the earlier mark — Form differing in elements which do not alter the distinctive character
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Judgment of the General Court (Sixth Chamber) of 24 October 2014 ECLI:EU:T:2014:911 (Appeal: Case before the Court of Justice C-597/14 P) |
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Case T‑703/14 R Diktyo Amyntikon Viomichanion Net v Commission
Interim proceedings — Grant agreements — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Debit note addressed to a contracting party — Application for suspension of operation of a measure — Case not suitable for the adoption of interim relief
November 2014
Case T‑362/10 Vtesse Networks v Commission
State aid — Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region — Decision declaring the aid compatible with the internal market — Article 107(3)(c) TFEU — Action for annulment — No substantial effect on the competitive position — Locus standi — Procedural rights of the interested parties — Partial inadmissibility — No doubts which justify initiating the formal investigation procedure
Language of the case: English
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Judgment of the General Court (Ninth Chamber), 5 November 2014
ECLI:EU:T:2014:928 |
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Case T‑422/11 Computer Resources International (Luxembourg) v Commission
Public service contracts — Tendering procedure — Provision of computer services for software development and maintenance, consultancy and assistance for different types of information technology applications — Rejection of a tenderer’s bid — Abnormally low tender — Article 139(1) of Regulation (EC, Euratom) No 2342/2002 — Obligation to state reasons — Choice of legal basis — Misuse of powers
Language of the case: English
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Judgment of the General Court (Ninth Chamber), 5 November 2014
ECLI:EU:T:2014:927 |
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Joined Cases T‑307/12 and T‑408/13 Mayaleh v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Functions of the Governor of the Central Bank of Syria — Actions for annulment — Communication of an act imposing restrictive measures — Time-limit for bringing proceedings — Admissibility — Rights of the defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to private and family life — Application of restrictions on entry to a national of a Member State — Freedom of movement for citizens of the Union
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition), 5 November 2014
ECLI:EU:T:2014:926 |
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Case T‑53/13 Vans v OHIM (Representation of a wavy line)
Community trade mark — Application for the Community figurative mark representing a wavy line — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 76 of Regulation No 207/2009 — Article 75 of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 6 November 2014 (publication by extracts)
ECLI:EU:T:2014:932 |
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Case T‑219/10 Autogrill España v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery — Concept of State aid — Selective nature — Identification of a category of undertakings favoured by the measure — Absence — Infringement of Article 87(1) EC
Language of the case: Spanish
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Judgment of the General Court (Second Chamber, Extended Composition), 7 November 2014
ECLI:EU:T:2014:939 (Appeal: Case before the Court of Justice C-20/15 P) |
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Case T‑399/11 Banco Santander and Santusa v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery — Concept of State aid — Selective nature — Identification of a category of undertakings favoured by the measure — Absence — Infringement of Article 107(1) TFEU
Language of the case: Spanish
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Judgment of the General Court (Second Chamber, Extended Composition), 7 November 2014
ECLI:EU:T:2014:938 (Appeal: Case before the Court of Justice C-21/15 P) |
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Case T‑228/12 AJ DD v Council
Legal aid — Application lodged before an action for annulment had been brought — Restrictive measures taken in respect of certain officials of Belarus
Language of the case: English
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Order of the General Court (First Chamber, Extended Composition), 10 November 2014
ECLI:EU:T:2014:958 |
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Case T‑289/13 Ledra Advertising v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Language of the case: English
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Order of the General Court (First Chamber), 10 November 2014
ECLI:EU:T:2014:981 (Appeal: Case before the Court of Justice C-8/15 P) |
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Case T‑20/14 Nguyen v Parliament and Council
Actions for annulment — Reform of the Staff Regulations of Officials of the European Union and the Conditions of Employment of other Servants of the Union — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Lack of individual concern — Non-contractual liability — Causal link — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: French
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Order of the General Court (Eighth Chamber), 11 November 2014
ECLI:EU:T:2014:955 |
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Case T‑524/11 Volvo Trademark v OHIM – Hebei Aulion Heavy Industries (LOVOL)
Community trade mark — Opposition proceedings — Application for Community figurative mark LOVOL — Earlier Community word and figurative marks and earlier national figurative marks VOLVO — Relative ground for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Ninth Chamber), 12 November 2014
ECLI:EU:T:2014:944 |
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Case T‑481/11 Spain v Commission
Agriculture — Common organisation of the markets — Fruit and vegetables sector — Citrus fruits — Action for annulment — Confirmatory measure — New and substantial facts — Admissibility — Conditions for marketing — Provisions concerning marking — Indications of preserving agents or other chemical substances used in post-harvest processing — Standard recommendations adopted by the United Nations Economic Commission for Europe
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber), 13 November 2014
ECLI:EU:T:2014:945 (Appeal: Case before the Court of Justice C-26/15 P) |
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Case T‑653/11 Jaber v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Legal interest in bringing proceedings — Burden of proof — Adjustment of temporal effects of annulment
Language of the case: French
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Judgment of the General Court (Seventh Chamber), 13 November 2014
ECLI:EU:T:2014:948 |
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Joined Cases T‑303/06 RENV and T‑337/06 RENV UniCredit v OHIM
Community trade mark — Opposition proceedings — Applications for Community word marks UNIWEB and UniCredit Wealth Management — Earlier national word marks UNIFONDS and UNIRAK and earlier national figurative mark UNIZINS — Relative ground for refusal — Likelihood of confusion — Series or family of trade marks — Likelihood of association — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Applications for annulment and alteration brought by the intervener — Article 134(3) of the Rules of Procedure
Language of the case: Italian
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Judgment of the General Court (First Chamber), 25 November 2014
ECLI:EU:T:2014:988 |
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Case T‑450/09 Simba Toys v OHIM – Seven Towns (Shape of a cube with surfaces that have a grid structure)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Cube with surfaces having a grid structure — Absolute grounds for refusal — First sentence of Article 76(1) of Regulation (EC) No 207/2009 — No sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) — No sign consisting exclusively of the shape which results from the nature of the goods themselves — Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) — No sign consisting exclusively of the shape which gives substantial value to the goods — Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) — Distinctive character — Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) — No descriptive character — Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 25 November 2014
ECLI:EU:T:2014:983 (Appeal: Case before the Court of Justice C-30/15 P) |
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Case T‑384/11 Safa Nicu Sepahan v Council
Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Error of assessment — Right to effective judicial protection — Claim for damages
Language of the case: English
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Judgment of the General Court (First Chamber), 25 November 2014
ECLI:EU:T:2014:986 (Appeal: Case before the Court of Justice C-45/15 P) |
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Case T‑402/13 Orange v Commission
Competition — Administrative procedure — Decision ordering an inspection — Proportionality — Appropriateness — Necessity — Not arbitrary — Statement of reasons
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 25 November 2014
ECLI:EU:T:2014:991 |
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Case T‑272/12 Energetický a průmyslový and EP Investment Advisors v Commission
Competition — Administrative procedure — Decision finding a refusal to submit to an inspection and imposing a fine — Article 23(1)(c) of Regulation (EC) No 1/2003 — Presumption of innocence — Rights of the defence — Proportionality — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 26 November 2014
ECLI:EU:T:2014:995 |
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Case T‑240/13 Aldi Einkauf v OHIM – Alifoods (Alifoods)
Community trade mark — Opposition proceedings — Application for Community figurative mark Alifoods — Earlier international and Community word marks ALDI — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95
Language of the case: German
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Judgment of the General Court (Ninth Chamber), 26 November 2014 (publication by extracts)
ECLI:EU:T:2014:994 |
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Case T‑517/09 Alstom v Commission
Competition — Agreements, decisions and concerted practices — Market in power transformers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Effect on trade between Member States — Concept of an ‘undertaking’ — Imputability of the infringing conduct — Presumption of a parent company’s actual exercise of a decisive influence on the conduct of its subsidiary — Duty to state reasons
Language of the case: French
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Judgment of the General Court (Third Chamber), 27 November 2014
ECLI:EU:T:2014:999 |
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Case T‑521/09 Alstom Grid v Commission
Competition — Agreements, decisions and concerted practices — Market in power transformers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Market sharing agreement — 2002 Commission Leniency Notice — Immunity from fines — Legitimate expectations — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Ninth Chamber), 27 November 2014
ECLI:EU:T:2014:1000 |
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Information (on unpublished decisions)
Case T‑90/14 Secolux v Commission and CdT
Action for annulment and for compensation — Public supply contracts — Tender procedure — Safety Checks — Rejection of a tenderer’s tender — Misidentification of the defendant — Partial manifest inadmissibility
Case T‑632/11 Greece v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Single payment entitlements scheme — Loyal cooperation — Fairness — Proportionality — National reserve — Award criteria — Flat-rate financial correction — Risk for the Fund — Regulation (EC) No 1493/1999 — Wine sector — Distillation schemes and schemes for payments for the use of certain musts — Aid for restructuring and for the conversion of vineyards
Case T‑283/12 FIS'D v Commission
Erasmus Mundus action programme — Framework partnership agreement — Specific grant agreement — EACEA decision to rescind the framework agreement and amend the specific agreement — Administrative appeal before the Commission — Commission decision dismissing the administrative appeal as unfounded — Infringement of the agreements and the administrative and financial manual
Case T‑463/12 Popp and Zech v OHIM – Müller-Boré & Partner (MB)
Community trade mark — Opposition proceedings — Application for the Community word mark MB — Earlier Community figurative mark MB&P — Genuine use of the earlier mark — Article 42(2) and Article 15(1) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Fifth Chamber) of 6 November 2014 ECLI:EU:T:2014:935 (Appeal: Case before the Court of Justice C-17/15 P) |
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Case T‑17/13 ANKO v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Contract concerning the Pocemon project — Repayment of the sums advanced — Letter giving notice of the issue of a debit note — Reminder letter — Lack of interest in bringing proceedings — Inadmissibility
Case T‑64/13 ANKO v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Contract concerning the Doc@Hand project — Repayment of the sums advanced — Letter giving notice of the issue of a debit note — Lack of interest in bringing proceedings — Inadmissibility
Case T‑567/12 Kaatsu Japan v OHIM (KAATSU)
Community trade mark — Application for Community word mark KAATSU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75, second sentence, of Regulation No 207/2009
Case T‑506/13 Urb Rulmenti Suceava v OHIM – Adiguzel (URB)
Community trade mark — Invalidity proceedings — Community word mark URB — Earlier national collective word mark URB and earlier national collective figurative mark URB — Absolute ground for refusal — No bad faith on the part of the proprietor of the Community trade mark — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No authorisation by the proprietor of the earlier marks — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 — No breach of Article 72 of Regulation No 207/2009
Case T‑290/13 CMBG v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑291/13 Eleftheriou and Others v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 10 November 2014 ECLI:EU:T:2014:978 (Appeal: Case before the Court of Justice C-9/15 P) |
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Case T‑292/13 Evangelou and Evangelou v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑293/13 Theophilou and Theophilou v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 10 November 2014 ECLI:EU:T:2014:979 (Appeal: Case before the Court of Justice C-10/15 P) |
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Case T‑294/13 Fialtor v Commission and ECB
Action for annulment and compensation — Stability support programme for Cyprus — Memorandum of Understanding on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the ESM — Jurisdiction of the General Court — Causal link — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T‑27/14 Czech Republic v Commission
Action for annulment — Internal market in natural gas — Article 22 of Directive 2003/55 EC — Letter from the Commission requesting a regulatory authority to annul its decision relating to the grant of a derogation — Measure not subject to review — Inadmissibility
Case T‑22/14 Bergallou v Parliament and Council
Action for annulment — Reform of the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union — Less favourable scheme for lump sum payment of travel expenses and increase of annual leave by additional days off for travelling time — No individual concern — Non-contractual liability — Causal link — Appeal in part manifestly inadmissible and in part unfounded in law
Case T‑23/14 Bos and Others v Parliament and Council
Action for annulment — Reform of the Staff Regulations of Officials of the European Union and of the Conditions of Employment of Other Servants of the European Union — Substantial reduction in the number of days of annual leave for officials and other servants serving in a non-member country — Lack of individual concern — Manifest inadmissibility
Case T‑525/11 Volvo Trademark v OHIM – Hebei Aulion Heavy Industries (LOVOL)
Community trade mark — Opposition proceedings — Application for Community figurative mark LOVOL — Earlier Community word and figurative marks and earlier national figurative marks VOLVO — Relative ground for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Case T‑504/12 Murnauer Markenvertrieb v OHIM (NOTFALL CREME)
Community trade mark — Application for Community figurative trade mark NOTFALL CREME — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑188/13 Murnauer Markenvertrieb v OHIM – Healing Herbs (NOTFALL)
Community trade mark — Invalidity proceedings — Community word mark NOTFALL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑549/10 Natura Selection v OHIM – Afoi Anezoulaki (natur)
Community trade mark — Opposition proceedings — Application for the Community word mark natur — Earlier application for the figurative mark natura — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑654/11 Kaddour v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Locus standi — Burden of proof — Adjustment of temporal effects of annulment
Case T‑43/12 Hamcho and Hamcho International v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Action for annulment — Period for bringing proceedings — Partial inadmissibility — Locus standi — Burden of proof — Adjustment of temporal effects of annulment
Case T‑40/14 Electrabel and Dunamenti Erőmű v Commission
Action for damages — Aid awarded by the Hungarian authorities to certain electricity generators — Decision declaring the aid incompatible with the internal market and ordering its recovery — Limitation period — Inapplicability of Article 102(2) of the Rules of Procedure of the General Court — Concept of continuous damage — Inadmissibility
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Order of the General Court (Ninth Chamber) of 13 November 2014 ECLI:EU:T:2014:1004 (Appeal: Case before the Court of Justice C-32/15 P) |
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Case T‑510/12 Conrad Electronic v OHIM – British Sky Broadcasting Group and Sky IP International (EuroSky)
Community trade mark — Opposition proceedings — Application for Community word mark EuroSky — Earlier Community word mark SKY — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑50/13 Think Schuhwerk v OHIM – Müller (VOODOO)
Community trade mark — Invalidity proceedings — Community word mark VOODOO — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c)of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
Case T‑308/13 Repsol v OHIM – Adell Argiles (ELECTROLINERA)
Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑394/13 Photo USA Electronic Graphic v Council
Dumping — Imports of ceramic tableware and kitchenware originating in the People’s Republic of China — Definitive anti-dumping duty — Definition of the product concerned
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Judgment of the General Court (Third Chamber) of 18 November 2014 ECLI:EU:T:2014:964 (Appeal: Case before the Court of Justice C-31/15 P) |
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Case T‑484/13 Lumene v OHIM (THE YOUTH EXPERTS)
Community trade mark — Application for Community word mark THE YOUTH EXPERTS — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Examination as to the merits conditional on the admissibility of the action — First sentence of Article 59 of Regulation No 207/2009
Cases T‑40/12 and T‑183/12 European Dynamics Luxembourg and Evropaïki Dynamiki v Europol
Public service contracts — Tender procedure — Provision of information technology services relating to a document management system and a corporate Intranet portal– Rejection of a tenderer’s bid– Obligation to state reasons — Equal treatment — Transparency — Proportionality — Non-contractual liability
Case T‑223/12 Ntouvas v ECDC
Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service — Refusal of access — Obligation to state reasons — Obligation to undertake a concrete, individual examination — Overriding public interest
Case T‑138/13 Evonik Oil Additives v OHIM – BRB International (VISCOTECH)
Community trade mark — Opposition proceedings — Application for Community word mark VISCOTECH — Earlier national and international word marks VISCOPLEX — Evidence of the territorial extent and validity of an earlier international trade mark — Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑344/13 Out of the blue v OHIM – Dubois and Another (FUNNY BANDS)
Community trade mark — Opposition proceedings — Application for the Community word mark FUNNY BANDS — Earlier national trade name FUNNY BANDS — Earlier national Internet domain name ‘www.funny-bands.com’ — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Use of a sign in the course of trade of more than mere local significance — Article 76(2) of Regulation No 207/2009 — Rejection of the opposition
Case T‑697/13 Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)
Community trade mark — Application for Community word mark MAKING LIFE BETTER AT WORK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly unfounded in law and in part manifestly inadmissible
Joined Cases T‑426/10 and T‑575/10 and Case T‑440/12 Moreda-Riviere Trefilerías v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 25 November 2014 ECLI:EU:T:2014:1005 (Appeal: Case before the Court of Justice C-53/15 P) |
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Joined Cases T‑427/10 and T‑576/10 and Case T‑439/12 Trefilerías Quijano v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 25 November 2014 ECLI:EU:T:2014:1003 (Appeal: Case before the Court of Justice C-54/15 P) |
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Joined Cases T‑428/10 and T‑577/10 and Case T‑441/12 Trenzas y Cables de Acero v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 25 November 2014 ECLI:EU:T:2014:1006 (Appeal: Case before the Court of Justice C-55/15 P) |
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Joined Cases T‑429/10 and T‑578/10 and Case T‑438/12 Global Steel Wire v Commission
Actions for annulment — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchange of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Decision amending the initial decision without affecting the fines imposed on the applicant — No legal interest in bringing proceedings — Partial manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 25 November 2014 ECLI:EU:T:2014:1008 (Appeal: Case before the Court of Justice C-56/15 P) |
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Case T‑512/11 Ryanair v Commission
State aid — Aviation sector — Irish air travel tax — Exemption for transit and transfer passengers — Decision finding no State aid — Failure to open the formal investigation procedure — Serious difficulties — Procedural rights of parties concerned
Case T‑374/12 Brouwerij Van Honsebrouck v OHIM – Beverage Trademark (KASTEEL)
Community trade mark — Opposition procedure — International registration covering the European Community –– Figurative mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T‑375/12 Brouwerij Van Honsebrouck v OHIM – Beverage Trademark (KASTEEL)
Community trade mark — Opposition procedure — International registration covering the European Community –– Word mark KASTEEL — Earlier national word mark CASTEL BEER — Relative grounds for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T‑394/12 Alfastar Benelux v Council
Public service contracts — Tender procedure — Technical maintenance and help desk and on-site intervention services for the personal computers, printers and peripherals of the General Secretariat of the Council — Rejection of a tenderer’s bid and award of contract to another tenderer — Decision taken following the annulment by the General Court of an earlier decision — Action for damages
Case T‑556/12 Royalton Overseas v OHIM – S.C. Romarose Invest (KAISERHOFF)
Community trade mark — Opposition proceedings — Application for Community figurative mark KAISERHOFF — Earlier national word mark KAISERHOFF — Suspension of the administrative proceedings — Rules 20 and 50 of Regulation (EC) No 2868/95 — ‘Examination of the facts by the Office of its own motion’ — Article 76(1) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 25 November 2014 ECLI:EU:T:2014:985 (Appeal: Case before the Court of Justice C-36/15 P) |
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Case T‑556/13 Verband der Kölnisch-Wasser Hersteller v OHIM (Original Eau de Cologne)
Community trade mark — Application for the Community collective word mark Original Eau de Cologne — Absolute grounds for refusal — Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 25 November 2014 ECLI:EU:T:2014:984 (Appeal: Case before the Court of Justice C-29/15 P) |
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Case T‑171/14 Léon Van Parys v Commission
Action for annulment — Customs union — Commission letter informing of continued suspension of time-limit for dealing with an application for remission of customs duties — Application for a ruling — Lack of competence of the General Court — No interest in bringing proceedings — Manifest inadmissibility
Case T‑153/11 Zenato Azienda Vitivinicola and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (ZENATO RIPASSA)
Community trade mark — Opposition proceedings — Application for Community word mark ZENATO RIPASSA — Earlier national word mark RIPASSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 27 November 2014 ECLI:EU:T:2014:998 (Appeal: Case before the Court of Justice C-33/15 P) |
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Case T‑154/11 Zenato Azienda Vitivinicola and Cantina Broglie 1 v OHIM – Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Ripassa ZENATO)
Community trade mark — Opposition proceedings — Application for Community figurative mark Ripassa ZENATO — Earlier national word mark RIPASSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑173/11 Hesse and Lutter & Partner v OHIM – Porsche (Carrera)
Community trade mark — Opposition proceedings — Application for Community word mark Carrera — Earlier Community and national word marks CARRERA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation No 207/2009 — Partial substitution of a party to the proceedings
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Judgment of the General Court (First Chamber) of 27 November 2014 ECLI:EU:T:2014:1001 (Appeal: Case before the Court of Justice C-50/15 P) |
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Case T‑674/14 R SEA v Commission
Application for interim measures — State aid — Obligation to recover aid granted by the public operator of an airport to a subsidiary management company — Liquidation of the company — Creation of a new management company — Commission decision to initiate a formal State aid investigation procedure in order to assess the existence of any economic continuity between the two companies — Application for suspension of operation of a measure — Manifest inadmissibility of the main application — Inadmissibility — Lack of urgency
Case T‑688/14 R Airport Handling v Commission
Application for interim measures — State aid — Obligation to recover aid granted by the public operator of an airport to a subsidiary company responsible for management services — Subsidiary company put into liquidation — Setting up of a new company responsible for management services — Commission decision to initiate the State aid formal investigation procedure in order to examine whether there is an economic continuity between the two companies — Application for suspension of operation of a measure — Manifest inadmissibility of the main action — Inadmissibility — Lack of urgency
December 2014
Case T-661/11 Italy v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Milk products — Assigned revenue — Key controls — Lateness — Flat-rate financial correction — Legal basis — Article 53 of Regulation (EC) No 1605/2002 — Recurrence
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 2 December 2014
ECLI:EU:T:2014:1016 |
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Case T‑57/11 Castelnou Energía v Commission
State aid — Electricity — Compensation for additional production costs –Public service obligation to produce certain volumes of electricity from indigenous coal — Preferential dispatch mechanism — Decision not to raise objections — Decision declaring the aid compatible with the internal market — Action for annulment — Individual concern — Significant effect on a competitive position — Admissibility — Failure to initiate formal investigation procedure — Serious difficulties — Service of general economic interest — Security of electricity supply — Article 11(4) of Directive 2003/54/EC — Free movement of goods — Protection of the environment — Directive 2003/87/EC
Language of the case: Spanish
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Judgment of the General Court (Second Chamber), 3 December 2014
ECLI:EU:T:2014:1021 |
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Case T‑199/14 R Vanbreda Risk & Benefits v Commission
Application for interim measures — Public service contracts — Tendering procedure — Supply of insurance services for property and persons — Rejection of a tender — Application for suspension of operation — Admissibility — Prima facie case — Urgency — Balancing of interests
Language of the case: French
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Order of the President of the General Court, 4 December 2014 (publication by extracts)
ECLI:EU:T:2014:1024 (Appeal: Case before the Court of Justice C-35/15 P(R)) |
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Cases T‑472/09 and T‑55/10 SP v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Misuse of powers and abuse of procedure — Fines — Ceiling laid down by Article 23(2) of Regulation No 1/2003 — Actions for annulment — Amending decision — Inadmissibility
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber), 9 December 2014
ECLI:EU:T:2014:1040 |
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Case T‑91/10 Lucchini v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Rights of the defence — Fines — Gravity and duration of the infringement — Mitigating circumstances — Taking account of an annulment judgment in a related case
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber), 9 December 2014
ECLI:EU:T:2014:1033 |
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Case T‑278/12 Inter-Union Technohandel v OHIM – Gumersport Mediterranea de Distribuciones (PROFLEX)
Community trade mark — Opposition proceedings — Application for the Community figurative mark PROFLEX — Earlier national word mark PROFEX — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (First Chamber), 9 December 2014
ECLI:EU:T:2014:1045 |
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Case T‑307/13 Capella v OHIM – Oribay Mirror Buttons (ORIBAY)
Community trade mark — Revocation proceedings — Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry — Admissibility of the application for revocation
Language of the case: Spanish
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Judgment of the General Court (Second Chamber), 9 December 2014
ECLI:EU:T:2014:1038 |
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Case T‑90/11 ONP and Others v Commission
Competition — Agreements, decisions and concerted practices — French market for clinical laboratory tests — Decision finding an infringement of Article 101 TFEU — Association of undertakings — Professional association — Subject-matter of the inspection and the investigation — Conditions for the application of Article 101 TFEU — Infringement by object — Minimum price and barriers to the development of groups of laboratories — Single and continuous infringement — Proof — Errors of assessment of fact and errors of law — Point 37 of the 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: French
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Judgment of the General Court (Ninth Chamber), 10 December 2014
ECLI:EU:T:2014:1049 |
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Case T‑283/08 P-DEP Longinidis v Cedefop
Procedure — Taxation of costs — Lawyers’ fees — Representation of an EU body by a lawyer — Flat rate of remuneration — Agent’s travel and subsistence expenses — Translation costs — Recoverable costs — Applicant’s financial situation
Language of the case: Greek
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Order of the General Court (Appeal Chamber), 11 December 2014
ECLI:EU:T:2014:1083 |
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Case T‑10/09 RENV Formula One Licensing v OHIM
Community trade mark — Opposition proceedings — Application for the Community figurative mark F1-LIVE — Earlier Community figurative mark F1 and national and international word marks F1 Formula 1 — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 11 December 2014
ECLI:EU:T:2014:1061 |
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Case T‑251/11 Austria v Commission
State aid — Electricity — Aid for energy-intensive businesses — Austrian Green Electricity Act — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Imputability to the State — Selectivity — General regulation on exemption by category — Misuse of powers — Equal treatment
Language of the case: German
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Judgment of the General Court (Fifth Chamber), 11 December 2014
ECLI:EU:T:2014:1060 |
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Case T‑235/12 CEDC International v OHIM – Underberg (Shape of a blade of grass in a bottle)
Community trade mark — Opposition proceedings — Application for three-dimensional Community mark — Shape of a blade of grass in a bottle — Earlier national three-dimensional mark — Genuine use of the earlier mark — Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 — Production of evidence for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation No 207/2009 — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 11 December 2014
ECLI:EU:T:2014:1058 |
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Case T‑480/12 Coca-Cola v OHIM – Mitico (Master)
Community trade mark — Opposition proceedings — Application for Community figurative mark Master — Earlier Community figurative marks Coca-Cola and earlier national figurative mark C — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Similarity of the signs — Evidence relating to the commercial use of the mark applied for
Language of the case: English
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Judgment of the General Court (Eighth Chamber), 11 December 2014
ECLI:EU:T:2014:1062 |
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Case T‑102/13 Heli-Flight v EASA
Civil aviation — Application for approval of flight conditions for a Robinson R66 helicopter — Rejection by EASA — Actions for annulment — Scope of review by the Board of Appeal — Scope of review by the General Court — Actions for failure to act — Non-contractual liability
Language of the case: German
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Judgment of the General Court (Eighth Chamber), 11 December 2014
ECLI:EU:T:2014:1064 (Appeal: Case before the Court of Justice C-61/15 P) |
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Case T‑330/14 P Jelenkowska-Luca v Commission
Appeals — Civil service — Officials — Appeal lodged in a different language to that in which the Civil Service Tribunal judgment under appeal was drafted — Appeal manifestly inadmissible
Language of the case: Polish
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Order of the General Court (Appeal Chamber), 11 December 2014
ECLI:EU:T:2014:1082 |
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Case T‑551/08 H&R ChemPharm v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — 2006 Guidelines on the method of setting fines — Reference period — Calculation of the value of sales — Gravity of the infringement — Concentration occurring during the infringement period — Equal treatment — Proportionality
Language of the case: German
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Judgment of the General Court (Third Chamber), 12 December 2014
ECLI:EU:T:2014:1081 (Appeal: Case before the Court of Justice C-95/15 P) |
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Case T‑558/08 Eni v Commission
Competition — Agreements, decisions and concerted practices — Market for paraffin waxes — Decision finding an infringement of Article 81 EC — Price-fixing — Evidence of the infringement — 2006 Guidelines on the method of setting fines — Equal treatment — Aggravating circumstances — Repeated infringement — Obligation to state reasons — Mitigating circumstances — Substantially limited participation — Infringement committed as a result of negligence — Rights of the defence — Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Third Chamber), 12 December 2014
ECLI:EU:T:2014:1080 |
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Case T‑487/11 Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission
State aid — Financial sector — Bank loan backed by a State guarantee — Aid intended to remedy a serious disturbance in the economy of a Member State — Article 107(3)(b) TFEU — Decision declaring the aid to be incompatible with the internal market — Guidelines on State aid to rescue and restructure distressed undertakings — Compliance with the Commission’s notices concerning aid to the financial sector in the current financial crisis — Legitimate expectations — Obligation to state reasons
Language of the case: Portuguese
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Judgment of the General Court (Fourth Chamber), 12 December 2014 (publication by extracts)
ECLI:EU:T:2014:1077 (Appeal: Case before the Court of Justice C-93/15 P) |
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Case T‑643/11 Crown Equipment (Suzhou) and Crown Gabelstapler v Council
Dumping — Imports of hand pallet trucks and their essential parts originating in China — Review — Article 11(2) of Regulation (EC) No 1225/2009 — Rights of defence — Error of fact — Manifest error of assessment — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 12 December 2014 (publication by extracts)
ECLI:EU:T:2014:1076 |
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Case T‑400/10 Hamas v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Need for a decision of a competent authority for the purpose of Common Position 2001/931 — Obligation to state reasons — Temporal adjustment of the effects of an annulment
Language of the case: French
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Judgment of the General Court (Second Chamber), 17 December 2014
ECLI:EU:T:2014:1095 (Appeal: Case before the Court of Justice C-79/15 P) |
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Case T‑201/11 Si.mobil v Commission
Competition — Abuse of dominant position — Slovenian mobile telephone services market — Decision rejecting a complaint — Case being dealt with by the competition authority of a Member State — No EU interest
Language of the case: English
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Judgment of the General Court (Third Chamber), 17 December 2014 (publication by extracts)
ECLI:EU:T:2014:1096 |
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Information (on unpublished decisions)
Case T‑75/13 Boehringer Ingelheim Pharma v OHIM – Nepentes Pharma (Momarid)
Community trade mark — Opposition proceedings — Application for the Community word mark Momarid — Earlier Community word mark LONARID — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relevant public — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑272/13 Max Mara Fashion Group v OHIM – Mackays Stores (M & Co.)
Community trade mark — Opposition proceedings — Application for Community figurative mark M&Co. — Earlier Community and national figurative marks MAX&Co. — Earlier national word mark MAX&CO. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑165/13 Talanton v Commission
Arbitration clause — Pocemon and Perform contracts concluded as part of the Seventh Framework Programme for research, technological development and demonstration (2007-2013) — Eligible costs — Repayment of sums paid — Audit report — No interest in bringing proceedings — Interest in seeking a declaration — Inadmissibility
Joined Cases T‑494/13 and T‑495/13 Sales & Solutions v OHIM – Inceda (watt and Watt)
Community trade mark — Invalidity proceedings — Community figurative trade mark Watt and Community word mark Watt — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑595/13 BSH v OHIM – LG Electronics (compressor technology)
Community trade mark — Opposition proceedings — Application for Community figurative mark compressor technology — Earlier national word marks KOMPRESSOR — Relative ground for refusal — Partial refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 4 December 2014 ECLI:EU:T:2014:1023 (Appeal: Case before the Court of Justice C-43/15 P) |
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Case T‑652/14 R AF Steelcase v OHIM
Interim measures — Public procurement — Supply and installation of furniture — Rejection of a submitted tender — Application for suspension of operation — No prima facie case
Case T‑355/14 R STC v Commission
Interim measures — Public services contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of tender submitted by a tenderer — Application for interim measures — Prima facie case not made out
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Order of the President of the General Court of 8 December 2014 ECLI:EU:T:2014:1046 (Appeal: Case before the Court of Justice C-49/15 P(R)) |
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Cases T‑489/09, T‑490/09 and T‑56/10 Leali and Acciaierie e Ferriere Leali Luigi v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Misuse of powers and abuse of procedure — Fines — Duration of the infringement — Proportionality — Limitation period — Action for annulment — Amending decision — Inadmissibility
Case T‑69/10 IRO v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Legal basis — Investigation of the case — Definition of the market — Infringement of Article 65 CS — Fines — Extenuating circumstances — Proportionality
Case T‑70/10 Feralpi v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Lack of competence — Legal basis — Infringement of the rights of the defence — Principles of sound administration, proportionality and equality of arms — Criteria for attributing liability — Definition of the market — Infringement of Article 65 CS — Fines — Limitation period — Gravity — Duration
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Judgment of the General Court (Second Chamber) of 9 December 2014 ECLI:EU:T:2014:1031 (Appeal: Case before the Court of Justice C-85/15 P) |
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Case T‑83/10 Riva Fire v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Competence of the Commission — Legal basis — Consultation of the Advisory Committee on Restrictive Practices and Monopolies — Rights of the defence — Definition of the geographical market — Application of the principle of lex mitior — Infringement of Article 65 CS — Fines — Gravity and duration of the infringement — Extenuating circumstances — Proportionality — Application of the 1996 Leniency Notice
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Judgment of the General Court (Second Chamber) of 9 December 2014 ECLI:EU:T:2014:1034 (Appeal: Case before the Court of Justice C-89/15 P) |
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Case T‑85/10 Alfa Acciai v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Misuse of powers — Rights of the defence — Single and continuous infringement — Fines — Fixing of the starting amount — Extenuating circumstances — Duration of the administrative procedure
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Judgment of the General Court (Eighth Chamber) of 9 December 2014 ECLI:EU:T:2014:1037 (Appeal: Case before the Court of Justice C-87/15 P) |
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Case T‑90/10 Ferriere Nord v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Infringement of essential procedural requirements — Competence of the Commission — Rights of the defence — Finding of an infringement — Fines — Repeated infringements — Extenuating circumstances — Cooperation — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 9 December 2014 ECLI:EU:T:2014:1035 (Appeal: Case before the Court of Justice C-88/15 P) |
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Case T‑92/10 Ferriera Valsabbia and Valsabbia Investimenti v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Fixing of prices and payment terms — Limiting or controlling output or sales — Misuse of powers — Rights of the defence — Single and continuous infringement — Fines — Fixing of the starting amount — Extenuating circumstances — Duration of the administrative procedure
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Judgment of the General Court (Eighth Chamber) of 9 December 2014 ECLI:EU:T:2014:1032 (Appeal: Case before the Court of Justice C-86/15 P) |
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Case T‑438/11 BelTechExport v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard
Case T‑439/11 Sport-pari v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑440/11 BT Telecommunications v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑441/11 Peftiev v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to be heard — Error of assessment
Case T‑140/13 Netherlands Maritime Technology Association v Commission
State aid — Spanish scheme of early depreciation of certain assets acquired through financial leasing — Decision finding no State aid — Formal investigation procedure not initiated — Serious difficulties — Circumstances and length of the preliminary examination — Insufficient and incomplete examination
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Judgment of the General Court (Seventh Chamber) of 9 December 2014 ECLI:EU:T:2014:1029 (Appeal: Case before the Court of Justice C-100/15 P) |
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Case T‑176/13 DTL Corporación v OHIM – Vallejo Rosell (Generia)
Community trade mark — Opposition proceedings — Application for Community word mark Generia — Earlier Community figurative mark Generalia generación renovable — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 63(2) and Article 75 of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 9 December 2014 ECLI:EU:T:2014:1028 (Appeal: Case before the Court of Justice C-62/15 P) |
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Case T‑519/13 Leder & Schuh International v OHIM – Epple (VALDASAAR)
Community trade mark — Opposition proceedings — Application for Community word mark VALDASAAR — Earlier Community word mark Val d’Azur — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑605/11 Novartis v OHIM – Dr Organic (BIOCERT)
Community trade mark — Opposition proceedings — Application for the Community word mark BIOCERT — Earlier national word mark BIOCEF — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑476/12 Saint-Gobain Glass Deutschland v Commission
Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents relating to installations of the applicant situated in Germany and concerned by the scheme for greenhouse gas emission allowance trading — Partial refusal of access — Environmental information — Second sentence of Article 6(1) of Regulation No 1367/2006 — Exception relating to protection of the decision-making process — Documents originating from a Member State — Objection by the Member State — Article 4(3) and (5) of Regulation No 1049/2001
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Judgment of the General Court (Fifth Chamber) of 11 December 2014 ECLI:EU:T:2014:1059 (Appeal: Case before the Court of Justice C-60/15 P) |
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Case T‑12/13 Sherwin-Williams Sweden v OHIM – Akzo Nobel Coatings International (ARTI)
Community trade mark — Opposition proceedings — Application for Community trade mark ARTI — Earlier Benelux word mark ARTITUDE and international registration of the earlier Benelux trade mark ARTITUDE — Refusal to register — Likelihood of confusion — Similarity of the signs — Identical or highly similar goods — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑189/13 PP Nature-Balance Lizenz v Commission
Medicinal products for human use — Active substance tolperisone — Article 116 of Directive 2001/83/EC — Commission decision ordering the Member States to vary the national marketing authorisations for medicinal products for human use containing the active substance at issue — Burden of proof — Proportionality
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Judgment of the General Court (Fifth Chamber) of 11 December 2014 ECLI:EU:T:2014:1056 (Appeal: Case before the Court of Justice C-82/15 P) |
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Case T‑440/13 "Millano" Krzysztof Kotas v OHIM (Shape of a box of chocolates)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a box of chocolates — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑498/13 Nanu-Nana Joachim Hoepp v OHIM – Vincci Hoteles (NAMMU)
Community trade mark — Invalidity proceedings — Community word mark NAMMU — Relative ground for refusal — Proof of genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 and Rule 22(2) to (4) of Regulation (EC) No 2868/95
Case T‑618/13 Oracle America v OHIM – Aava Mobile (AAVA CORE)
Community trade mark — Opposition proceedings — Application for Community word mark AAVA CORE — Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — No similarity of the signs — Article 8(5) of Regulation No 207/2009
Case T‑712/13 Monster Energy v OHIM (REHABILITATE)
Community trade mark — Application for Community word mark REHABILITATE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑544/08 Hansen & Rosenthal and H&R Wax Company Vertrieb v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Decision finding an infringement of Article 81 EC — Price fixing — Proof of the infringement — 2006 Guidelines for calculating the amount of fines — Rights of the defence — Calculation of the value of sales — Gravity of the infringement — No retroactivity — Equal treatment — Proportionality
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Judgment of the General Court (Third Chamber) of 12 December 2014 ECLI:EU:T:2014:1075 (Appeal: Case before the Court of Justice C-90/15 P) |
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Case T‑550/08 Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Coordination and price increases — Price fixing — 2006 Guidelines for calculating the amount of fines — Rights of the defence — Proof of the infringement — Limitation
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Judgment of the General Court (Third Chamber) of 12 December 2014 ECLI:EU:T:2014:1079 (Appeal: Case before the Court of Justice C-94/15 P) |
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Case T‑562/08 Repsol Lubricantes y Especialidades and Others v Commission
Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Decision finding an infringement of Article 81 EC — Price fixing and division of markets — Proof of the existence of the agreement — Duration of the infringement — 2006 Guidelines for calculating the amount of fines — Equal treatment — Presumption of innocence — Whether unlawful conduct attributable — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company — Presumption in the case of a 100% shareholding
Case T‑269/11 Xeda International v Commission
Plant protection products — Active substance ethoxyquin — Non-inclusion in Annex I to Directive 91/414/EEC — Withdrawal of authorisations for plant protection products containing that substance — Regulation (EC) No 2229/2004 — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Rights of the defence — Proportionality — Legitimate expectations
Case T‑105/13 Ludwig Schokolade v OHIM – Immergut (TrinkFix)
Community trade mark — Opposition proceedings — Application for the Community word mark TrinkFix — Earlier national and Community word marks Drinkfit — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T‑173/13 Selo Medical v OHIM – biosyn Arzneimittel (SELOGYN)
Community trade mark — Opposition proceedings — Application for Community word mark SELOGYN — Earlier national word mark SELESYN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal to register
Case T‑405/13 Comptoir d'Épicure v OHIM – A-Rosa Akademie (da rosa)
Community trade mark — Opposition proceedings — Application for international registration designating the European Community — Figurative mark da rosa — Earlier Community word mark aROSA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
Case T‑591/13 Groupe Canal + and Canal + France v OHIM – Euronews (News+)
Community trade mark — Opposition proceedings — Application for the Community word mark News+ — Earlier national word mark ACTU+ — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑601/13 Wilo v OHIM (Pioneering for You)
Community trade mark — Application for Community word mark Pioneering for You — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑43/14 Heidrick & Struggles International v OHIM (THE LEADERSHIP COMPANY)
Community trade mark — Application for Community word mark THE LEADERSHIP COMPANY — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑532/14 Alsharghawi v Council
Action for annulment — Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Period allowed for commencing proceedings — Starting point — Inadmissibility
Case T‑168/11 AQ v Parliament
Action for compensation — Compensation for damage suffered by the applicant following the decision of the Parliament to take no further action on his petition — Request to initiate an inquiry into alleged irregularities in proceedings before the European Court of Human Rights — Manifest inadmissibility
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Order of the General Court (Seventh Chamber) of 15 December 2014 ECLI:EU:T:2014:1105 (Appeal: Case before the Court of Justice C-615/14 P) |
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Case T‑672/14 R August Wolff and Remedia v Commission
Application for interim measures — Marketing authorisation for medicinal products for human use — Application for suspension of operation of a measure — Lack of urgency
Case T‑72/09 Pilkington Group and Others v Commission
Competition — Agreements, decisions and concerted practices — European market in carglass — Decision finding an infringement of Article 81 EC — Market-sharing agreements and exchanges of commercially sensitive information — Fines — Rights of defence –– Retroactive application of the 2006 Guidelines on the method of setting fines — Value of sales — Passive or minor role — Deterrent effect of the fine — Taking into account fines previously imposed — Ceiling of the fine — Exchange rate for the calculation of the ceiling of the fine
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Judgment of the General Court (Second Chamber) of 17 December 2014 ECLI:EU:T:2014:1094 (Appeal: Case before the Court of Justice C-101/15 P) |
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Case T‑344/14 Lidl Stiftung v OHIM (Deluxe)
Community trade mark — Application for figurative Community mark Deluxe — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑407/13 Al Assad v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Inclusion of an individual on the lists of targeted persons — Personal connections with members of the regime — Rights of the defence — Fair hearing — Obligation to state reasons — Burden of proof — Right to effective judicial protection — Proportionality — Right to property — Right to privacy — Principle of res judicata — Inadmissibility — Manifest inadmissibility — Action devoid of legal foundation
January 2015
Case T‑127/09 RENV Abdulrahim v Council and Commission
Referral back after setting aside of order — Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person named in a list drawn up by a body of the United Nations — Naming of that person in the list in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Admissibility — Period allowed for commencing proceedings — Exceeded — Excusable error — Fundamental rights — Rights of the defence — Right to effective judicial protection — Right to respect for property — Right to respect for private and family life
Language of the case: English
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Judgment of the General Court (Third Chamber), 14 January 2015
ECLI:EU:T:2015:4 |
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Case T‑507/13 SolarWorld and Others v Commission
Actions for annulment — Dumping — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from China — Acceptance of an undertaking offered in connection with the anti‑dumping proceeding — Community industry — Absence of direct concern — Inadmissibility
Language of the case: English
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Order of the General Court (Fifth Chamber), 14 January 2015
ECLI:EU:T:2015:23 (Appeal: Case before the Court of Justice C-142/15 P) |
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Case T‑1/12 France v Commission
State aid — Aid for rescuing and restructuring firms in difficulty — Restructuring aid which the French authorities proposed to grant to SeaFrance SA — Increase in capital and loans granted by the SNCF to SeaFrance — Decision declaring the aid incompatible with the internal market — Concept of State aid — Private investor test — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: French
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Judgment of the General Court (Eighth Chamber), 15 January 2015
ECLI:EU:T:2015:17 |
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Case T‑197/13 MEM v OHIM (MONACO)
Community trade mark — International registration designating the European Community — Word mark MONACO — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 151(1) and Article 154(1) of Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) and Article 7(2) of Regulation No 207/2009 — Partial refusal of protection
Language of the case: French
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Judgment of the General Court (Eighth Chamber), 15 January 2015
ECLI:EU:T:2015:16 |
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Case T‑355/13 easyJet Airline v Commission
Competition — Abuse of a dominant position — Airport services market — Decision rejecting a complaint — Article 13(2) of Regulation (EC) No 1/2003 — Case dealt with by a competition authority of a Member State — Rejection of the complaint on priority grounds — Decision of the competition authority drawing conclusions, in competition law, from an investigation conducted under national legislation applicable to the sector in question — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber), 21 January 2015
ECLI:EU:T:2015:36 |
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Case T‑140/12 Teva Pharma and Teva Pharmaceuticals Europe v EMA
Medicinal products for human use — Orphan medicinal products — Application for marketing authorisation for the generic version of the orphan medicinal product imatinib — EMA decision refusing to validate the application for marketing authorisation — Market exclusivity
Language of the case: English
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Judgment of the General Court (Sixth Chamber), 22 January 2015
ECLI:EU:T:2015:41 (Appeal: Case before the Court of Justice C-138/15 P) |
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Case T‑488/13 GEA Group v OHIM (engineering for a better world)
Community trade mark — Time-limit for instituting proceedings — Point from which time starts to run — Notification of the decision of the Board of Appeal by fax — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
Language of the case: German
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Order of the General Court (Second Chamber), 22 January 2015
ECLI:EU:T:2015:64 |
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Case T‑341/12 Evonik Degussa v Commission
Competition — Administrative procedure — European market for hydrogen peroxide and perborate — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information supplied to the Commission pursuant to its Leniency Notice — Obligation to state reasons — Confidentiality — Professional secrecy — Legitimate expectations
Language of the case: German
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Judgment of the General Court (Third Chamber), 28 January 2015
ECLI:EU:T:2015:51 (Appeal: Case before the Court of Justice C-162/15 P) |
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Case T‑345/12 Akzo Nobel and Others v Commission
Competition — Administrative proceedings — European market for hydrogen peroxide and perborate — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice — Obligation to state reasons — Confidentiality — Professional secrecy — Legitimate expectations
Language of the case: English
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Judgment of the General Court (Third Chamber), 28 January 2015
ECLI:EU:T:2015:50 |
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Information (on unpublished decisions)
Case T‑36/14 St'art and Others v Commission
Action for annulment — ‘European Creative Industries Alliance’ Programme — ‘C-I Factor’ project aimed at introducing new instruments in order to promote funding for cultural and creative industries — Decision to end the project — Measure forming part of a purely contractual framework from which it is not separable — Inadmissibility
Case T‑93/14 St'art and Others v Commission
Action for annulment — ‘European Creative Industries Alliance’ programme — ‘C-I Factor’ project aimed at establishing new instruments to encourage the funding of the cultural and creative industries — Debit note –Measure which is part of a purely contractual context from which it is inseparable — Inadmissibility
Case T‑479/14 Kendrion v Court of Justice
Actions for damages — Reasonable time — Representation of the Union — Dismissal of objection of inadmissibility
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Order of the General Court (Third Chamber) of 6 January 2015 ECLI:EU:T:2015:2 (Appeal: Case before the Court of Justice C-71/15 P) |
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Case T‑185/14 Freitas v Parliament and Council
Action for annulment — Directive 2013/55/EU — Directive 2005/36/EC — Recognition of professional qualifications — Exclusion of notaries appointed by official act of the public authorities from the scope of application of Directive 2005/36 — Lack of individual concern — Inadmissibility
Case T‑58/13 Club Hotel Loutraki and Others v Commission
State aid — Operation of Video Lottery Terminals — Grant by the Hellenic Republic of an exclusive licence — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Procedural rights of the interested parties — Obligation to state reasons — Right to effective judicial protection — Advantage — Joint assessment of the notified measures
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Judgment of the General Court (Seventh Chamber) of 8 January 2015 ECLI:EU:T:2015:1 (Appeal: Case before the Court of Justice C-131/15 P) |
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Case T‑482/12 Internationaler Hilfsfonds v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — Compliance with a judgment of the General Court — Application initiating proceedings — Disregard of formal requirements — Article 44(1)(c) of the Rules of Procedure — Inadmissibility
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Order of the General Court (Second Chamber) of 9 January 2015 ECLI:EU:T:2015:19 (Appeal: Case before the Court of Justice C-103/15 P) |
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Case T‑409/14 Marcuccio v Court of Justice
Actions for annulment — Measure not open to challenge — Inadmissibility — Actions for damages — Reasonable time — Representation of the Union — Dismissal of the objection of inadmissibility
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Order of the General Court (Third Chamber) of 9 January 2015 ECLI:EU:T:2015:18 (Appeal: Case before the Court of Justice C-77/15 P) |
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Case T‑535/13 Vakoma v OHIM – VACOM (VAKOMA)
Community trade mark — Opposition proceedings — Application for Community figurative mark VAKOMA — Earlier Community word mark VACOM — Application instituting proceedings — Failure to comply with procedural requirements — Manifest inadmissibility
Case T‑579/13 Istituto di vigilanza dell'urbe v Commission
Action for annulment and damages — Public service contracts — Tendering procedure — Provision of security guard and reception services — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑667/11 Veloss International and Attimedia v Parliament
Public service contracts — Supply of Greek translation services for the Parliament — Rejection of a tenderer’s bid — Obligation to state reasons — Non-contractual liability
Case T‑166/12 Bolívar Cerezo v OHIM – Renovalia Energy (RENOVALIA)
Community trade mark — Opposition proceedings — Application for Community word mark RENOVALIA — Earlier national word marks RENOVA ENERGY and RENOVAENERGY — Partial refusal to register — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T‑195/13 dm-drogerie markt v OHIM – V-Contact Kereskedelmi és Szolgáltató (CAMEA)
Community trade mark — Opposition proceedings — Application for Community word mark CAMEA — Earlier international word mark BALEA — Relative ground for refusal — No likelihood of confusion — No similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑406/13 Gossio v Council
Common Foreign and Security Policy — Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — Freezing of funds — Misuse of power — Manifest error of assessment — Fundamental Rights
Case T‑69/14 Melt Water v OHIM (MELT WATER Original)
Community trade mark — Application for Community figurative mark MELT WATER Original — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑70/14 Melt Water v OHIM (Forme d'une bouteille cylindrique transparente)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a transparent cylindrical bottle — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Joined Cases T‑539/12 and T‑150/13 Ziegler and Ziegler Relocation v Commission
Non-contractual liability — Competition — International removal services market in Belgium — Removals of officials and other staff of the EU — Decision finding an infringement of Article 101 TFEU — Cover quotes — Scope of liability of an institution — Principle of res judicata — Due diligence — Causal link
Case T‑109/12 Spain v Commission
Cohesion Fund — Reduction of financial assistance — Time-limit for adopting a decision
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Judgment of the General Court (Third Chamber) of 20 January 2015 ECLI:EU:T:2015:29 (Appeal: Case before the Court of Justice C-139/15 P) |
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Case T‑111/12 Spain v Commission
Cohesion Fund — Reduction of financial assistance — Time-limit for adopting a decision
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Judgment of the General Court (Third Chamber) of 20 January 2015 ECLI:EU:T:2015:28 (Appeal: Case before the Court of Justice C-140/15 P) |
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Case T‑6/13 NICO v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Iran — Freezing of funds — Time-limit in which to bring proceedings — Starting point — Manifest inadmissibility
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Order of the General Court (Seventh Chamber) of 20 January 2015 ECLI:EU:T:2015:60 (Appeal: Case before the Court of Justice C-153/15 P) |
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Case T‑615/13 Aic v OHIM – ACV Manufacturing (Échangeurs de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑616/13 Aic v OHIM – ACV Manufacturing (Inserts d'échangeur de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger insert — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑617/13 Aic v OHIM – ACV Manufacturing (Inserts d'échangeur de chaleur)
Community design — Invalidity proceedings — Registered Community design representing a heat exchanger insert — Ground for invalidity — Lack of visibility of part of a complex product — Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑509/11 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Duty to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to privacy — Proportionality
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Judgment of the General Court (Seventh Chamber) of 21 January 2015 ECLI:EU:T:2015:33 (Appeal: Case before the Court of Justice C-136/15 P) |
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Case T‑46/13 Sabores de Navarra v OHIM – Frutas Solano (KIT, EL SABOR DE NAVARRA)
Community trade mark — Invalidity proceedings — Community word mark KIT, EL SABOR DE NAVARRA — Earlier Community figurative mark Sabores de Navarra La Sabiduría del Sabor — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15 and Article 57(2) of Regulation No 207/2009 — Form differing in elements which alter the distinctive character of the mark
Case T‑587/13 Schwerdt v OHIM – Iberamigo (cat&clean)
Community trade mark — Opposition proceedings — Application for figurative Community mark cat & clean — Prior Spanish word mark CLEAN CAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obstacles to the free movement of goods — Article 34 TFEU — Article 16 of the Charter of Fundamental Rights
Case T‑685/13 Copernicus-Trademarks v OHIM – Blue Coat Systems (BLUECO)
Community trade mark — Opposition proceedings — Application for Community word mark BLUECO — Earlier Community word mark BLUE COAT — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑11/14 Grundig Multimedia v OHIM (Pianissimo)
Community trade mark — Application for Community word mark Pianissimo — Mark consisting of an advertising slogan — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment
Case T‑188/14 Grundig Multimedia v OHIM (GentleCare)
Community trade mark — Application for Community word mark GentleCare — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment
Joined Cases T‑420/11 and T‑56/12 Ocean Capital Administration and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Consequence of an annulment of restrictive measures for the entity owned or controlled by an entity identified as being involved in nuclear proliferation — Temporal effects of an annulment
Case T‑176/12 Bank Tejarat v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment
Case T‑193/12 MIP Metro v OHIM – Holsten-Brauerei (H)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark H — Earlier national figurative mark H — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Failure to state reasons — Article 75 of Regulation No 207/2009
Case T‑393/12 Tsujimoto v OHIM – Kenzo (KENZO)
Community trade mark — Opposition proceedings — Application for Community word mark KENZO — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009 — Late submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Case T‑133/13 Pro-Aqua International v OHIM – Rexair (WET DUST CAN'T FLY)
Community trade mark — Invalidity proceedings — Community word mark WET DUST CAN’T FLY — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑172/13 Novomatic v OHIM – Simba Toys (AFRICAN SIMBA)
Community trade mark — Opposition proceedings — Application for Community word mark AFRICAN SIMBA — Earlier national figurative mark Simba — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑322/13 Tsujimoto v OHIM – Kenzo (KENZO)
Community trade mark — Opposition proceedings — Application for Community word mark KENZO — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Late submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Case T‑338/14 UNIC v Commission
Action for annulment — Joint actions to promote sustainable development economically, socially and environmentally in developing countries — Generalised tariff preferences granted to treated and partly treated leather originating from India, Pakistan and Ethiopia — Rejection of the application for a temporary withdrawal of the benefit of generalised preferences — Measure not subject to review — Inadmissibility
Case T‑655/13 Enercon v OHIM (Dégradé de cinq nuances de la couleur verte)
Community trade mark — Application for Community trade mark consisting of a gradient of five shades of the colour green — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Reclassification of the mark applied for — Article 43(2) of Regulation No 207/2009
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Judgment of the General Court (Fourth Chamber) of 28 January 2015 ECLI:EU:T:2015:49 (Appeal: Case before the Court of Justice C-170/15 P) |
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Case T‑41/14 Argo Development and Manufacturing v OHIM – Clapbanner
Community design — Invalidity proceedings — Registered Community design representing an advertising article — Earlier Community designs — Grounds for invalidity — Novelty — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Articles 4, 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T‑123/14 BSH v OHIM – Arçelik (AquaPerfect)
Community trade mark — Opposition proceedings — Application for Community word mark AquaPerfect — Earlier Community word mark waterPerfect — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑609/13 Blackrock v OHIM (SO WHAT DO I DO WITH MY MONEY)
Community trade mark — Application for the Community word mark SO WHAT DO I DO WITH MY MONEY — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑665/13 Zitro IP v OHIM – Gamepoint (SPIN BINGO)
Community trade mark — Application for Community figurative mark SPIN BINGO — Earlier Community word mark ZITRO SPIN BING — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑59/14 Blackrock v OHIM (INVESTING FOR A NEW WORLD)
Community trade mark — Application for the Community word mark INVESTING FOR A NEW WORLD — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑278/13 Now Wireless v OHIM – Starbucks (HK) (now)
Community trade mark — Revocation proceedings — Community figurative mark now — Genuine use of the mark — Article 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009
Case T‑593/13 Siemag Tecberg Group v OHIM (Winder Controls)
Community trade mark — Application for Community word mark Winder Controls — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No ° 207/2009 — Article 135a of the Rules of Procedure of the General Court — Request for a hearing made prematurely in the application
February 2015
Case T‑708/14 Marpefa v OHIM – Sony Computer Entertainment (PSVITA, PLAYSTATION VITA)
Community trade mark — Period within which an action must be brought — Late submission — Manifest inadmissibility
Language of the case: Spanish
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Order of the General Court (Sixth Chamber), 3 February 2015
ECLI:EU:T:2015:93 (Appeal: Case before the Court of Justice C-181/15 P) |
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Case T‑473/12 Aer Lingus v Commission
State aid — Irish tax on air passengers — Lower rate for destinations no more than 300 km from Dublin — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Selective nature — Identification of the beneficiaries of the aid — Article 14 of Regulation (EC) No 659/1999 — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Ninth Chamber), 5 February 2015
ECLI:EU:T:2015:78 (Appeal: Case before the Court of Justice C-164/15 P) |
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Case T‑204/11 Spain v Commission
Consumer protection — Regulation (EU) No 15/2011 — Lipophilic toxin detection methods in bivalve molluscs — Replacement of the mouse bioassay with a liquid chromatography-mass spectrometry (LC-MS/MS) method — Article 168 TFEU — Proportionality — Legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber), 11 February 2015
ECLI:EU:T:2015:91 |
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Case T‑505/12 Compagnie des montres Longines, Francillon v OHIM – Cheng (B)
Community trade mark — Opposition proceedings — Application for the Community figurative mark B — Earlier international figurative mark representing two extended wings — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — Article 8(5) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Fifth Chamber), 12 February 2015
ECLI:EU:T:2015:95 |
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Case T‑287/13 Husky CZ v OHIM – Husky of Tostock (HUSKY)
Community trade mark — Revocation proceedings — Community word mark HUSKY — Genuine use of the trade mark — Partial revocation — Extension of the time-limit — Rule 71(2) of Regulation (EC) No 2868/95 — Translation into the language of the proceedings
Language of the case: English
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Judgment of the General Court (First Chamber), 13 February 2015
ECLI:EU:T:2015:99 |
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Case T‑365/13 Lithuania v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development measures — ‘Natural handicaps’ and agri-environment — Appropriateness of controls — Flat-rate financial corrections — Proportionality
Language of the case: Lithuanian
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Judgment of the General Court (Seventh Chamber), 26 February 2015
ECLI:EU:T:2015:113 |
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Case T‑188/12 Breyer v Commission
Access to documents — Regulation (EC) No 1049/2001 — Written submissions lodged by the Republic of Austria in infringement proceedings before the Court of Justice — Refusal to grant access
Language of the case: German
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Judgment of the General Court (Second Chamber), 27 February 2015
ECLI:EU:T:2015:124 (Appeal: Case before the Court of Justice C-213/15 P) |
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Case T‑826/14 R Spain v Commission
Application for interim measures — State aid — Corporation tax scheme allowing undertakings whose tax domicile is in Spain to amortise the financial goodwill deriving from the acquisition of indirect shareholdings in undertakings whose tax domicile is abroad — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — Prima facie case — Lack of any urgency
Language of the case: Spanish
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Order of the President of the General Court, 27 February 2015
ECLI:EU:T:2015:126 |
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Information (on unpublished decisions)
Case T‑577/14 Gascogne Sack Deutschland and Gascogne v Court of Justice
Actions for damages — Reasonable time — Incorrect designation of the defendant — Representation of the Union — Dismissal of objection of inadmissibility
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Order of the General Court (Third Chamber) of 2 February 2015 ECLI:EU:T:2015:80 (Appeal: Case before the Court of Justice C-125/15 P) |
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Case T‑372/12 El Corte Inglés v OHIM – Apro Tech (APRO)
Community trade mark — Opposition proceedings — Application for Community figurative mark APRO — Earlier national figurative mark B-PRO by Boomerang, earlier Community word mark PRO MOUNTAIN and applications for earlier Community figurative and word marks B-PRO by Boomerang and PRO OUTDOOR — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑374/13 KSR v OHIM – Lampenwelt (Moon)
Community trade mark — Proceedings seeking a declaration of invalidity — Community word mark Moon — Absolute ground for invalidity — Descriptive nature — Lack of distinctiveness — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T‑570/10 RENV Environmental Manufacturing v OHIM
Community trade mark — Opposition proceedings — Application for Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T‑387/12 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Tomato processing sector — Aid to producer organisations — Expenditure incurred by Italy — Article 7(4) of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Flat-rate correction
Case T‑500/12 Ryanair v Commission
State aid — Irish tax on air passengers — Lower rate for destinations no more than 300 km from Dublin — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — Selective nature — Identification of the beneficiaries of the aid — Article 14 of Regulation (EC) No 659/1999 — Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 5 February 2015 ECLI:EU:T:2015:73 (Appeal: Case before the Court of Justice C-165/15 P) |
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Case T‑33/13 Türkiye Garanti Bankasi v OHIM – Card & Finance Consulting (bonus & more)
Community trade mark — Opposition proceedings — Application for Community figurative mark bonus & more — Earlier international figurative mark bonus net — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑78/13 Red Bull v OHIM – Sun Mark (BULLDOG)
Community trade mark — Opposition proceedings — Application for Community word mark BULLDOG — Earlier international and national word marks BULL and RED BULL — Relative grounds for refusal — Likelihood of confusion — Identical nature of the goods — Similarity of the signs — Conceptual similarity — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 5 February 2015 ECLI:EU:T:2015:72 (Appeal: Case before the Court of Justice C-206/15 P) |
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Case T‑499/13 nMetric v OHIM (SMARTER SCHEDULING)
Community trade mark — International registration designating the European Community — Word mark SMARTER SCHEDULING — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T‑368/13 Boehringer Ingelheim International v OHIM – Lehning entreprise (ANGIPAX)
Community trade mark — Opposition proceedings — Application for Community word mark ANGIPAX — Earlier Community word mark ANTISTAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑379/13 Innovation First v OHIM (NANO)
Community trade mark — Application for Community word mark NANO — Right to be heard — Obligation to state reasons — Examination of the facts of the Office’s own motion — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑648/13 IOIP Holdings v OHIM (GLISTEN)
Community trade mark — Application for Community word mark GLISTEN — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T‑85/14 Infocit v OHIM – DIN (DINKOOL)
Community trade mark — Opposition proceedings — Application for Community word mark DINKOOL — Earlier international figurative mark DIN — Earlier national business identifier DIN — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009
Case T‑395/12 Fetim v OHIM – Solid Floor (Solidfloor The professional's choice)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Solidfloor The professional’s choice — Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 11 February 2015 ECLI:EU:T:2015:92 (Appeal: Case before the Court of Justice C-190/15 P) |
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Case T‑579/11 Akhras v Council
Common foreign and security policy — Freezing of funds — Rights of the defence — Obligation to state reasons — Manifest error of assessment — Right to life — Right to property — Right to respect for private life — Proportionality
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Judgment of the General Court (Seventh Chamber) of 12 February 2015 ECLI:EU:T:2015:97 (Appeal: Case before the Court of Justice C-193/15 P) |
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Case T‑76/13 Compagnie des montres Longines, Francillon v OHIM – Staccata (QUARTODIMIGLIO QM)
Community trade mark — Opposition proceedings — Application for the Community figurative mark QUARTODIMIGLIO QM — Earlier Community and international figurative marks representing two extended wings and earlier international figurative marks LONGINES — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No damage to reputation — Article 8(5) of Regulation No 207/2009
Case T‑318/13 Vita Phone v OHIM (LIFEDATA)
Community trade mark — Application for Community word mark LIFEDATA — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Lack of specific assessment — Duty to state reasons
Case T‑453/13 Klaes v OHIM – Klaes Kunststoffe (Klaes)
Community trade mark — Opposition proceedings — Application for Community word mark Klaes — Prior Community figurative mark Klaes — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑725/14 Aalberts Industries v Commission and Court of Justice
Actions for damages — Reasonable time — Representation of the Union — Partial inadmissibility
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Order of the General Court (Third Chamber) of 13 February 2015 ECLI:EU:T:2015:107 (Appeal: Case before the Court of Justice C-132/15 P) |
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Case T‑505/14 Seven for all mankind v OHIM – Seven (SEVEN FOR ALL MANKIND)
Community trade mark — Opposition proceedings — Application for Community word mark SEVEN FOR ALL MANKIND — Earlier Community and international figurative marks Seven — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T‑257/13 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from the financing — Rural Development — Expenditure effected by Poland — Article 7 of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Effectiveness of checks — Obligation to state reasons — Principle of subsidiarity
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Judgment of the General Court (Fourth Chamber) of 25 February 2015 ECLI:EU:T:2015:111 (Appeal: Case before the Court of Justice C-210/15 P) |
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Case T‑812/14 R BPC Lux 2 and Others v Commission
Interim measures — State aid — Financial sector — Aid granted in the context of the resolution of a banking insolvency — Decision not to raise objections — Application for suspension of operation of a measure — No urgency
Case T‑257/11 Pangyrus v OHIM – RSVP Design (COLOURBLIND)
Community trade mark — Invalidity proceedings — Community word mark COLOURBLIND — Word sign COLOURBLIND — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — No use in the course of trade of a sign of more than mere local significance — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009
Case T‑652/11 Sabbagh v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Manifest error of assessment — Non-contractual liability
Case T‑135/12 France v Commission
State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage
Case T‑385/12 Orange v Commission
State aid — Pensions — Aid for the reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Advantage — Selective nature — Adverse effect on competition — Rights of the defence
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Judgment of the General Court (Ninth Chamber) of 26 February 2015 ECLI:EU:T:2015:117 (Appeal: Case before the Court of Justice C-211/15 P) |
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Case T‑388/13 Costa Crociere v OHIM – Guerlain (SAMSARA)
Community trade mark — Opposition proceedings — Application for the Community word mark SAMSARA — Earlier Community word mark SAMSARA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑713/13 9Flats v OHIM – Tibesoca (9flats.com)
Community trade mark — Opposition proceedings — Application for Community word mark 9flats.com — Earlier national figurative mark 50flats — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑41/12 LS Fashion v OHIM – Gestión de Activos Isorana (L'Wren Scott)
Community trade mark — Opposition proceedings — Application for Community word mark L’Wren Scott — Earlier national word mark LOREN SCOTT — Relative ground for refusal — Genuine use of the mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — No likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T‑377/12 Spa Monopole v OHIM – Olivar Del Desierto (OLEOSPA)
Community trade mark — Opposition proceedings — Application for Community figurative mark OLEOSPA — Earlier Benelux word marks SPA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑227/13 Bayer Intellectual Property v OHIM – Interhygiene (INTERFACE)
Community trade mark — Opposition proceedings — Application for Community word mark INTERFACE — Earlier Community word mark Interfog — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑106/14 Universal Utility International v OHIM (Greenworld)
Community trade mark — Application for Community word mark Greenworld — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
March 2015
Case T‑251/13 Gemeente Nijmegen v Commission
Actions for annulment — State aid — Aid granted by a Netherlands municipality in favour of a professional football club — Decision to open the formal examination procedure provided for in Article 108(2) TFEU — Aid measure completely implemented on the date of the decision — Admissibility — Challengeable act
Language of the case: Dutch
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Order of the General Court (Fourth Chamber), 3 March 2015
ECLI:EU:T:2015:142 |
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Joined Cases T‑492/13 and T‑493/13 Schmidt Spiele v OHIM (Représentation d’un plateau de jeux de société)
Community trade mark — Applications for figurative Community trade marks representing boards for parlour games — Absolute grounds for refusal — Lack of distinctive character — Regulation (EC) No 207/2009, Article 7(1)(b) and Article 7(3)
Language of the case: German
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Judgment of the General Court (First Chamber), 3 March 2015
ECLI:EU:T:2015:128 |
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Case T‑496/11 United Kingdom v ECB
Economic and monetary policy — ECB — Action for annulment — Eurosystem Oversight Policy Framework — Challengeable act — Admissibility — Oversight of payment and securities settlement systems — Application to central counterparty clearing systems of a requirement to be located in a Member State party to the Eurosystem — Competence of the ECB
Language of the case: English
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Judgment of the General Court (Fourth Chamber), 4 March 2015
ECLI:EU:T:2015:133 |
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Case T‑673/13 European Coalition to End Animal Experiments v ECHA
Action for annulment — REACH — Application for registration of the chemical substance triphenyl phosphate — Intervener before the Board of Appeal of ECHA — Applicant not affected directly — Concept of regulatory act — Inadmissibility
Language of the case: English
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Order of the General Court (Fifth Chamber), 13 March 2015
ECLI:EU:T:2015:167 |
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Case T‑89/09 Pollmeier Massivholz v Commission
State aid — State measures concerning the establishment of a sawmill in the Land of Hessen — Action for annulment — Letter sent to the complainants — Act not amenable to review — Inadmissibility — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Calculation of the aid element of State guarantees — Commission Notice on State aid in the form of guarantees — Undertaking in difficulty — Sale of public land — Rights of the defence — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (First Chamber), 17 March 2015
ECLI:EU:T:2015:153 (Appeal: Case before the Court of Justice C-246/15 P) (Appeal: Case before the Court of Justice C-242/15 P) |
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Case T‑466/12 RFA International v Commission
Dumping — Imports of ferro-silicon originating in Russia — Refusal of applications for a refund of anti-dumping duties paid — Calculation of the export price — Single economic entity — Calculation of the dumping margin — Application of a methodology different from that used in the original investigation — Change in circumstances — Article 2(9) and Article 11(9) of Regulation (EC) No 1225/2009
Language of the case: English
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Judgment of the General Court (Second Chamber), 17 March 2015
ECLI:EU:T:2015:151 (Appeal: Case before the Court of Justice C-239/15 P) |
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Case T‑412/13 Chin Haur Indonesia v Council
Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Articles 13 and 18 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment
Language of the case: English
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Judgment of the General Court (Seventh Chamber), 19 March 2015
ECLI:EU:T:2015:163 (Appeal: Case before the Court of Justice C-247/15 P) (Appeal: Case before the Court of Justice C-259/15 P) (Appeal: Case before the Court of Justice C-253/15 P) |
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Case T‑383/14 R Europower v Commission
Interim measures — Public works contracts — Tendering procedure — Construction and maintenance of a tri-generation plant — Rejection of the tender submitted by a tenderer and award of the contract to another tenderer — Application for suspension of operation — Prima facie case — Lack of urgency
Language of the case: Italian
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Order of the President of the General Court, 24 March 2015
ECLI:EU:T:2015:190 |
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Case T‑538/11 Belgium v Commission
State aid — Public health — Aid granted to finance transmissible spongiform encephalopathies (TSE) screening tests in bovine animals — Decision declaring the aid partly compatible and partly incompatible with the internal market — Action for annulment — Acts adversely affecting the applicant — Admissibility — Concept of advantage — Concept of selectivity
Language of the case: Dutch
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Judgment of the General Court (First Chamber), 25 March 2015
ECLI:EU:T:2015:188 (Appeal: Case before the Court of Justice C-270/15 P) |
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Case T‑563/12 Central Bank of Iran v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Error of assessment — Right to property — Right to reputation — Proportionality
Language of the case: English
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Judgment of the General Court (First Chamber), 25 March 2015
ECLI:EU:T:2015:187 (Appeal: Case before the Court of Justice C-266/15 P) |
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Case T‑378/13 Apple and Pear Australia and Star Fruits Diffusion v OHIM – Carolus C. (English pink)
Community trade mark — Opposition proceedings — Application for Community word mark English pink — Earlier Community word mark PINK LADY and earlier Community figurative mark Pink Lady — Obligation to state reasons — Duty of diligence — Decisions by a Community trade mark court — No res judicata
Language of the case: French
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Judgment of the General Court (Fourth Chamber), 25 March 2015
ECLI:EU:T:2015:186 (Appeal: Case before the Court of Justice C-226/15 P) |
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Information (on unpublished decisions)
Case T‑366/11 RENV Bial-Portela v OHIM
Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier Community word mark ZEBINIX — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑572/12 Nissan Jidosha v OHIM (CVTC)
Community trade mark — Request for renewal of the Community figurative mark CVTC — Partial renewal — Article 47 of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 4 March 2015 ECLI:EU:T:2015:136 (Appeal: Case before the Court of Justice C-207/15 P) |
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Case T‑543/13 Three-N-Products v OHIM – Munindra (PRANAYUR)
Community trade mark — Opposition proceedings — Application for Community word mark PRANAYUR — Earlier Community word mark AYUR and earlier Community figurative marks Ayur, Ayur Naturals Herbals and Aanb — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑558/13 FSA v OHIM – Motokit Veículos e Acessórios (FSA K-FORCE)
Community trade mark — Invalidity proceedings — Community word mark FSA K-FORCE — Earlier Community word mark FORCE-X — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T‑45/13 Rose Vision and Seseña v Commission and Others
Arbitration clause — Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) — Grant agreements relating to the FIRST, FutureNEM and sISI projects — Actions for annulment and compensation — Reclassification of the actions– Admissibility — Suspension of payments — Deadline for providing the audit report — Dissemination of information to third parties
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Judgment of the General Court (Fifth Chamber) of 5 March 2015 ECLI:EU:T:2015:138 (Appeal: Case before the Court of Justice C-224/15 P) |
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Case T‑233/14 Intesa Sanpaolo v OHIM (NEXTCARD)
Community trade mark — Application for Community word mark NEXTCARD — Partial refusal of registration by the examiner — Obligation to state reasons — Action manifestly lacking any foundation in law
Case T‑513/13 Braun Melsungen v OHIM (SafeSet)
Community trade mark — Application for Community word mark SafeSet — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 — Examination of the facts by the Office of its own motion — Article 76(1) of Regulation No 207/2009
Case T‑257/14 Novomatic v OHIM – Berentzen Mally Marketing plus Services (BLACK JACK TM)
Community trade mark — Opposition Proceedings — Application for Community figurative mark BLACK JACK TM — Earlier Community word and figurative marks BLACK TRACK — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑175/12 Deutsche Börse v Commission
Competition — Concentrations — Financial instruments sector — European derivatives market — Decision declaring the concentration incompatible with the internal market — Assessment of the effects of the transaction on competition — Efficiency gains — Commitments
Case T‑377/13 ultra air v OHIM – Donaldson Filtration Deutschland (ultra.air ultrafilter)
Community trade mark — Invalidity proceedings — Community word mark ultra.air ultrafilter — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 9 March 2015 ECLI:EU:T:2015:149 (Appeal: Case before the Court of Justice C-232/15 P) |
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Cases T‑249/12 and T‑269/12 Vestel Iberia and Makro autoservicio mayorista v Commission
Action for annulment — Customs union — Post-clearance entry in the accounts and remission of import duties — Colour television receivers originating in Turkey — Application for remission of customs duties submitted by two importers — Commission referring the national authorities to a decision concerning another importer — Article 871(2) and (6) and Article 905(2) and (6) of Regulation (EEC) No 2454/93 — Lack of direct concern — Inadmissibility
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Judgment of the General Court (Sixth Chamber) of 12 March 2015 ECLI:EU:T:2015:150 (Appeal: Case before the Court of Justice C-265/15 P) (Appeal: Case before the Court of Justice C-264/15 P) |
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Case T-611/11 Spa Monopole v OHIM – South Pacific Management (Manea Spa)
Community trade mark — Opposition proceedings — Application for the Community word mark Manea Spa — Earlier Benelux word and figurative marks SPA and earlier Benelux word mark LES THERMES DE SPA — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑234/14 Mammoet Salvage v Commission
Action for declaration that an institution has failed to act and for damages — Contractual liability — Non-contractual liability — Plea of inadmissibility — Eighth European Development Fund — Works to remove 74 wrecks from the Bay of Nouadhibou — Contract concluded between the applicant and Mauritania and taken up by the Commission for funding by the European Union — Execution of a contract — Report on the end date for payments from the European Union under the contract — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Cases T‑195/11, T‑458/11, T‑448/12 and T‑41/13 Cahier and Others v Council and Commission
Non-contractual liability — Prohibition for producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine obtained from dual-purpose vine varieties produced in excess of the quantity normally produced — Application of that legislation by national authorities
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Judgment of the General Court (Third Chamber) of 18 March 2015 ECLI:EU:T:2015:161 (Appeal: Case before the Court of Justice C-227/15 P) |
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Case T‑30/12 IDT Biologika v Commission
Public supply contracts — Tendering procedure — Supply to Serbia of anti-rabies vaccines — Rejection of a tender — Award of the contract to another tenderer — Selection criteria — Manifest error of assessment
Case T‑250/13 Naazneen Investments v OHIM – Energy Brands (SMART WATER)
Community trade mark — Revocation proceedings — Community word mark SMART WATER — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Seventh Chamber) of 18 March 2015 ECLI:EU:T:2015:160 (Appeal: Case before the Court of Justice C-252/15 P) |
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Case T‑384/13 Intermark v OHIM – Coca-Cola (RIENERGY Cola)
Community trade mark — Opposition proceedings — Application for the Community figurative mark RIENERGY Cola — Earlier Community figurative mark Coca-Cola and earlier Community word mark COCA-COLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T‑413/13 City Cycle Industries v Council
Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Article 13 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment — Equal treatment — Access to the file
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Judgment of the General Court (Seventh Chamber) of 19 March 2015 ECLI:EU:T:2015:164 (Appeal: Case before the Court of Justice C-254/15 P) (Appeal: Case before the Court of Justice C-248/15 P) (Appeal: Case before the Court of Justice C-260/15 P) |
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Case T‑556/08 Slovenská pošta v Commission
Competition — Abuse of dominant position — Slovak traditional mail and hybrid mail services markets — Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC — Exclusive right to distribute hybrid mail — Principle of sound administration — Obligation to state reasons — Right to be heard — Definition of the market — Extension of a monopoly — Article 86(2) EC — Legal certainty — Legitimate expectations
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Judgment of the General Court (Ninth Chamber) of 25 March 2015 ECLI:EU:T:2015:189 (Appeal: Case before the Court of Justice C-293/15 P) |
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Case T‑297/09 Evropaïki Dynamiki v EASA
Public service contracts — Tendering procedure — Supply of IT services — Classification of a tenderer in second or third position in the cascade procedure — Obligation to state reasons — Manifest error of assessment — Non-contractual liability
Case T‑456/13 Sea Handling v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Exception relating to the protection of the commercial interests of a third party — Obligation to carry out a concrete and individual examination — Overriding public interest — Partial access
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Judgment of the General Court (Fourth Chamber) of 25 March 2015 ECLI:EU:T:2015:185 (Appeal: Case before the Court of Justice C-271/15 P) |
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Case T‑314/14 Borde and Carbonium v Commission
Action for annulment — Intra-ACP programme of the Global Climate Change Alliance (GCCA) — Expert service agreements — Framework contract concerning a programme evaluation mission — Request for an expert’s mission to be terminated — Act forming part of a purely contractual context from which it is inseparable — Inadmissibility
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Order of the General Court (Third Chamber) of 25 March 2015 ECLI:EU:T:2015:197 (Appeal: Case before the Court of Justice C-279/15 P) |
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Case T‑121/10 Conte and Others v Council
Action for annulment — Fisheries — Conservation of fisheries resources — Introduction of a Community system of control, inspection and enforcement — Concept of regulatory act — Concept of legislative act — Not individually affected — Inadmissibility
Case T‑551/13 Radecki v OHIM – Vamed (AKTIVAMED)
Community trade mark — Opposition proceedings — Application for Community word mark AKTIVAMED — Earlier national figurative mark VAMED — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T‑581/13 Royal County of Berkshire Polo Club v OHIM – Lifestyle Equities (Royal County of Berkshire POLO CLUB)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Royal County of Berkshire POLO CLUB — Earlier Community figurative trade marks BEVERLY HILLS POLO CLUB — Relative ground for refusal — Likelihood of confusion — Duty to state reasons — Article 75 of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 26 March 2015 ECLI:EU:T:2015:192 (Appeal: Case before the Court of Justice C-278/15 P) |
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Case T‑596/13 Emsibeth v OHIM – Peek & Cloppenburg (Nael)
Community trade mark — Opposition proceedings — Application for Community figurative mark Nael — Earlier Community word mark Mc Neal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 26 March 2015 ECLI:EU:T:2015:193 (Appeal: Case before the Court of Justice C-251/15 P) |
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Case T‑72/14 Bateaux mouches v OHIM (BATEAUX MOUCHES)
Community trade mark — International registration designating the European Community — Word mark BATEAUX MOUCHES — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
April 2015
Case T-576/11 Schenker Customs Agency v Commission
Customs union — Post-clearance recovery of import duties — Imports of glyphosate originating in Taiwan — Application for the remission of import duties made by a customs agent — Article 239 of Regulation (EEC) No 2913/92 — Fairness clause — Existence of a special situation — Declarations of release for free circulation — Incorrect certificates of origin — Concept of obvious negligence — Commission decision finding that the remission of duties was not justified
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber) of 16 April 2015
ECLI:EU:T:2015:206 |
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Case T-402/12 Schlyter v Commission
Access to documents — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exception relating to the protection of the purpose of investigations — Regulation (EC) No 1367/2006 — Article 6(1) — Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC — Refusal of access
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 16 April 2015
ECLI:EU:T:2015:209 (Appeal: Case before the Court of Justice C-331/15 P) |
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Case T-359/12 Louis Vuitton Malletier v OHIM – Nanu-Nana (Representation of a brown and beige chequerboard pattern)
Community trade mark — Invalidity proceedings — Community figurative mark representing a brown and beige chequerboard pattern — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber) of 21 April 2015
ECLI:EU:T:2015:215 (Appeal: Case before the Court of Justice C-363/15 P) |
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Case T-320/09 Planet v Commission
Protection of the financial interests of the Union — Early warning system (EWS) enabling identification of the level of risk associated with contractors — OLAF enquiry into the performance of a public contract concerning an institutional modernisation project in Syria — Decisions to activate W1a and W1b warnings — Legal basis — Fundamental rights — Obligation to state reasons
Language of the case: Greek
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Judgment of the General Court (Eighth Chamber) of 22 April 2015
ECLI:EU:T:2015:223 |
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Case T-190/12 Tomana and Others v Council and Commission
Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Restrictions on entry into and transit through the European Union — Freezing of funds — Legal basis — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Fundamental rights — Proportionality
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 22 April 2015
ECLI:EU:T:2015:222 (Appeal: Case before the Court of Justice C-330/15 P) |
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Case T-290/12 Poland v Commission
Agriculture — Common organisation of markets — Processed fruit and vegetables sectors — Aid to producer groups — Limitation on the Union’s financial participation — Legal certainty — Legitimate expectations — Obligation to state reasons — Sincere cooperation
Language of the case: Polish
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Judgment of the General Court (Eighth Chamber) of 22 April 2015
ECLI:EU:T:2015:221 |
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Case T-43/15 R CRM v Commission
Application for interim measures — Registration of a protected geographical indication — ‘Piadina Romagnola/Piada Romagnola’ — Application for suspension of operation of a measure — No urgency
Language of the case: Italian
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Order of the President of the General Court of 24 April 2015
ECLI:EU:T:2015:228 |
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Case T-169/12 CHEMK and KF v Council
Dumping — Imports of ferro-silicon originating, inter alia, in Russia — Partial interim review — Calculation of the dumping margin — Change of circumstances — Lasting nature
Language of the case: English
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Judgment of the General Court (Second Chamber) of 28 April 2015
ECLI:EU:T:2015:231 (Appeal: Case before the Court of Justice C-345/15 P) |
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Case T-217/11 Staelen v Ombudsman
Non-contractual liability — Handling by the Ombudsman of a complaint concerning the management of a list of suitable candidates for an open competition — Powers of investigation — Duty to exercise diligence — Loss of opportunity — Non-pecuniary damage
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 29 April 2015
ECLI:EU:T:2015:238 (Appeal: Case before the Court of Justice C-338/15 P) (Appeal: Case before the Court of Justice C-337/15 P) |
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Case T-470/11 Total and Elf Aquitaine v Commission
Competition — Methacrylates market — Fines — Joint and several liability of parent companies and their subsidiary for the latter’s unlawful conduct — Immediate payment of the fine in full by the subsidiary — Reduction of the subsidiary’s fine following a judgment of the General court — Letters from the Commission demanding payment by the parent companies of the amount repaid by it to the subsidiary, together with default interest — Actions for annulment — Challengeable act — Admissibility — Default interest
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 29 April 2015
ECLI:EU:T:2015:241 (Appeal: Case before the Court of Justice C-351/15 P) |
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Case T-10/13 Bank of Industry and Mine v Council
Common foreign and security policy — Restrictive measures against Iran to prevent nuclear proliferation — Freezing of funds — Action for annulment — Time-limit for bringing an action — Admissibility — Plea of illegality — Error of law — Proportionality — Right to property — Powers of the Council — Obligation to state reasons — Rights of the defence — Reconsideration of restrictive measures adopted — Right to effective judicial protection — Error of assessment
Language of the case: French
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Judgment of the General Court (First Chamber) of 29 April 2015
ECLI:EU:T:2015:235 (Appeal: Case before the Court of Justice C-358/15 P) |
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Case T-593/11 Al-Chihabi v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Obligation to state reasons — Error of assessment — Right to property — Right to respect for private life — Proportionality
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 30 April 2015
ECLI:EU:T:2015:249 |
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Case T-135/13 Hitachi Chemical Europe and Others v ECHA
REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 30 April 2015
ECLI:EU:T:2015:253 (Appeal: Case before the Court of Justice C-324/15 P) |
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Information (on unpublished decisions)
Case T-527/09 RENV Ayadi v Commission
Referral back after setting aside — Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of the name of that person in the list contained in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of defence — Right to effective judicial protection — Right to respect for property
Case T-823/14 Guja v Poland
Actions for damages — Manifest lack of jurisdiction
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Order of the General Court (Second Chamber) of 14 April 2015 ECLI:EU:T:2015:210 (Appeal: Case before the Court of Justice C-352/15 P) |
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Case T-258/13 Matratzen Concord v OHIM – KBT (ARKTIS)
Community trade mark — Revocation proceedings — Community word mark ARKTIS — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Form of use of the mark — Proof of use for the registered goods — Consent of the trade mark owner
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Judgment of the General Court (Sixth Chamber) of 16 April 2015 ECLI:EU:T:2015:207 (Appeal: Case before the Court of Justice C-295/15 P) |
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Case T-319/14 Drogenhilfe Köln Projekt v OHIM (Rauschbrille)
Community trade mark — Application for Community word mark Rauschbrille — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-360/12 Louis Vuitton Malletier v OHIM – Nanu-Nana (Representation of a grey chequerboard pattern)
Community trade mark — Invalidity proceedings — Community figurative mark representing a grey chequerboard pattern — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
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Judgment of the General Court (Second Chamber) of 21 April 2015 ECLI:EU:T:2015:214 (Appeal: Case before the Court of Justice C-364/15 P) |
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Case T-580/13 Real Express v OHIM – MIP Metro (real)
Community trade mark — Opposition proceedings — Application for the Community figurative mark real — Earlier national figurative marks Real and Real mark — Rejection of the opposition — Rule 19(1) of Regulation (EC) No 2868/95 — Rule 20(1) of Regulation No 2868/95
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Order of the General Court (Ninth Chamber) of 21 April 2015 ECLI:EU:T:2015:245 (Appeal: Case before the Court of Justice C-309/15 P) |
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Case T-554/10 Evropaïki Dynamiki v Frontex
Public procurement — Tendering procedures — Information technology services, hardware and software licences — Rejection of a tenderer’s bids — Obligation to state reasons — Selection and award criteria — Manifest error of assessment — Non-contractual liability
Case T-337/14 Rezon v OHIM – mobile.international (mobile.de proMotor)
Community trade mark — Invalidity proceedings — Community word mark mobile.de promoter — Prior national figurative mark mobile — Rejection of the application for a declaration of invalidity — Article 165(4)(b) of Regulation (EC) No 207/2009
Case T-282/13 Iglotex v OHIM – Iglo Foods Group (IGLOTEX)
Community trade mark — Opposition proceedings — Application for Community figurative mark IGLOTEX — Earlier Community word mark IGLO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-383/13 Chatzianagnostou v Council and Others
Action for annulment — Common Foreign and Security Policy — Seconded national expert for the EULEX Kosovo mission — Decisions of a Head of Mission on disciplinary sanctions
Case T-45/15 R Hydrex v Commission
Application for interim measures — Grant agreement relating to a project concerning a financial instrument for the environment — Recovery order — Application to suspend adoption — Disregard of formal requirements — Inadmissibility
Case T-137/13 Saferoad RRS v OHIM (MEGARAIL)
Community trade mark — Application for Community word mark MEGARAIL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-216/14 Volkswagen v OHIM (EXTRA)
Community trade mark — Application for Community word mark EXTRA — Mark comprised of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-284/14 Dyckerhoff Polska v Commission
Action for annulment — Time-limit for bringing an action — Out of time — No force majeure or unforeseeable circumstances — Manifest inadmissibility — Plea of illegality
Joined Cases T-558/12 and T-559/12 Changshu City Standard Parts Factory and Ningbo Jinding Fastener v Council
Dumping — Imports of certain iron or steel fasteners originating in China — Amendment of the regulation imposing a definitive anti-dumping duty — Article 2(10) and (11) of Regulation No 1225/2009 — Calculation of the dumping margin — Adjustments — Obligation to state reasons
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Judgment of the General Court (Fourth Chamber) of 29 April 2015 ECLI:EU:T:2015:237 (Appeal: Case before the Court of Justice C-376/15 P) (Appeal: Case before the Court of Justice C-377/15 P) |
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Case T-9/13 National Iranian Gas Company v Council
Common Foreign and Security Policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Objection of illegality — Error of law — Proportionality — Right to property — Jurisdiction of the Council — Obligation to state reasons — Rights of the defence — Review of the restrictive measures adopted — Right to effective judicial protection — Error of assessment
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Judgment of the General Court (First Chamber) of 29 April 2015 ECLI:EU:T:2015:236 (Appeal: Case before the Court of Justice C-359/15 P) |
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Case T-566/13 Hostel Tourist World v OHIM – WRI Nominees (HostelTouristWorld.com)
Community trade mark — Cancellation proceedings — Community figurative mark HostelTouristWorld.com — Earlier international word mark HOSTELWORLD.COM — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-717/13 Chair Entertainment Group v OHIM – Libelle (SHADOW COMPLEX)
Community trade mark — Opposition proceedings — Application for the Community word mark SHADOW COMPLEX — Earlier Community word mark BusinessShadow — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-432/12 VTZ and Others v Council
Dumping — Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine — Definitive anti-dumping duty — Expiry review — Likelihood of recurrence of injury — European Union interest — Manifest error of assessment — Obligation to state reasons
Case T-134/13 Polynt and Sitre v ECHA
REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 30 April 2015 ECLI:EU:T:2015:254 (Appeal: Case before the Court of Justice C-323/15 P) |
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Case T-259/13 France v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development support measures — Areas with natural handicaps — Flat rate financial correction — Expenditure incurred by France — Loading criterion — On-the-spot controls — Procedural safeguards
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Judgment of the General Court (Ninth Chamber) of 30 April 2015 ECLI:EU:T:2015:250 (Appeal: Case before the Court of Justice C-373/15 P) |
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Joined Cases T-707/13 and T-709/13 Steinbeck v OHIM – Alfred Sternjakob (BE HAPPY)
Community trade mark — Invalidity proceedings — Community word marks BE HAPPY — Absolute ground for refusal — No distinctive character — Article 52(1)(a) and Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 30 April 2015 ECLI:EU:T:2015:252 (Appeal: Case before the Court of Justice C-346/15 P) |
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Case T-100/14 Tecalan v OHIM – Ensinger (TECALAN)
Community trade mark — Opposition proceedings — Application for Community word mark TECALAN — Earlier Community word mark TECADUR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-46/15 Star Light v Council and Commission
Actions for annulment — Letter from the Commission allegedly informing the applicant of its interpretation of Regulation (EU) No 517/2014 — Measure not open to an action — Actions for damages — Application initiating proceedings — Disregard of formal requirements — Manifest inadmissibility
May 2015
Case T-131/12 Spa Monopole v OHIM – Orly International (SPARITUAL)
Community trade mark — Opposition proceedings — Application for registration of the word mark SPARITUAL — Earlier Benelux figurative and word marks SPA and LES THERMES DE SPA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber) of 5 May 2015
ECLI:EU:T:2015:257 |
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Case T-433/13 Petropars Iran and Others v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Error of assessment — Plea of illegality — Right to conduct business — Right to property — Protection of public health, security and the environment — Precautionary principle — Proportionality — Rights of defence
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 5 May 2015
ECLI:EU:T:2015:255 |
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Case T-599/13 Cosmowell v OHIM – Haw Par (GELENKGOLD)
Community trade mark — Opposition proceedings — Application for Community figurative mark GELENKGOLD — Earlier Community figurative mark representing a tiger — Relative ground for refusal — Likelihood of confusion — Alteration of the distinctive character of the earlier mark — Phonetic similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 7 May 2015
ECLI:EU:T:2015:262 |
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Case T-480/11 Technion and Technion Research & Development Foundation v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents taken into consideration in the context of a financial audit on the performance of certain research contracts concluded during the course of the sixth framework programme for research, technological development and demonstration activities — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 May 2015
ECLI:EU:T:2015:272 |
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Case T-562/12 Dalli v Commission
Member of the Commission — OLAF investigation — Alleged oral decision of the President of the Commission to require the resignation of the person concerned — Action for annulment — No actionable measure — Inadmissibility — Action for damages
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 12 May 2015
ECLI:EU:T:2015:270 (Appeal: Case before the Court of Justice C-394/15 P) |
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Case T-623/13 Unión de Almacenistas de Hierros de España v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning two national competition proceedings — Documents submitted to the Commission by a national competition authority within the framework of cooperation provided for by EU law — Refusal of access — Exception related to the protection of the purpose of inspections, investigations and audits — Exception related to the protection of the commercial interests of a third party — No obligation on the institution concerned to carry out a specific and individual examination of the content of the documents covered by the application for access when the investigation at issue is definitively closed — No need for a measure of organisation of procedure requesting production of the documents at issue — Failure to take account of the individual situation of the applicant
Language of the case: Spanish
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Judgment of the General Court (Second Chamber) of 12 May 2015
ECLI:EU:T:2015:268 |
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Case T-51/14 Czech Republic v Commission
System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Rejection of the request for registration of the name ‘pomazánkové máslo’ (spreadable butter) as a traditional speciality guaranteed — Relationship with the provisions of Regulation (EC) No 1234/2007 specifying the conditions for the use of the sales description ‘butter’
Language of the case: Czech
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Judgment of the General Court (Second Chamber) of 12 May 2015
ECLI:EU:T:2015:269 |
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Case T-511/09 Niki Luftfahrt v Commission
State aid — Restructuring aid granted by Austria in favour of the Austrian Airlines group — Decision declaring the aid compatible with the common market, subject to certain conditions — Privatisation of the Austrian Airlines group — Determination of the beneficiary of the aid — Guidelines on State aid for rescuing and restructuring firms in difficulty
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 13 May 2015
ECLI:EU:T:2015:284 |
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Case T-162/10 Niki Luftfahrt v Commission
Competition — Concentrations — Air transport — Decision declaring a concentration to be compatible with the common market — Assessment of the effects of the transaction on competition — Commitments
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 13 May 2015
ECLI:EU:T:2015:283 |
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Case T-15/13 Group Nivelles v OHIM – Easy Sanitairy Solutions (Shower drainage channel)
Community design — Invalidity proceedings — Registered design representing a shower drainage channel — Earlier design — Grounds for invalidity — Novelty — Individual character — Visible features of the earlier design — Products at issue — Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Dutch
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Judgment of the General Court (Eighth Chamber) of 13 May 2015
ECLI:EU:T:2015:281 (Appeal: Case before the Court of Justice C-405/15 P) (Appeal: Case before the Court of Justice C-361/15 P) |
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Case T-456/10 Timab Industries and CFPR v Commission
Competition — Agreements, decisions and concerted practices — European market for animal feed phosphates — Decision finding an infringement of Article 101 TFEU — Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information — Applicant’s withdrawal from the settlement procedure — Fines — Obligation to state reasons — Gravity and duration of the infringement — Cooperation — Failure to apply the likely range of fines indicated during the settlement procedure
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 May 2015
ECLI:EU:T:2015:296 (Appeal: Case before the Court of Justice C-411/15 P) |
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Joined Cases T-22/13 and T-23/13 Senz Technologies v OHIM – Impliva (Umbrellas)
Community design — Invalidity proceedings — Registered Community design representing umbrellas — Grounds for invalidity — Disclosure of earlier design — American patent as earlier design — Circles specialised in the sector concerned — Informed user — Degree of attention of an informed user — Fashion accessories — Degree of freedom of the designer — Individual character — Different overall impression — Invalidity proceedings
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 21 May 2015
ECLI:EU:T:2015:310 |
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Information (on unpublished decisions)
Case T-423/12 Skype v OHIM – Sky and Sky IP International (skype)
Community trade mark — Opposition proceedings — Application for Community figurative mark skype — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 5 May 2015 ECLI:EU:T:2015:260 (Appeal: Case before the Court of Justice C-383/15 P) |
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Case T-183/13 Skype v OHIM – Sky and Sky IP International (SKYPE)
Community trade mark — Opposition proceedings — Application for Community word mark SKYPE — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 5 May 2015 ECLI:EU:T:2015:259 (Appeal: Case before the Court of Justice C-382/15 P) |
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Case T-184/13 Skype v OHIM – Sky and Sky IP International (SKYPE)
Community trade mark — Opposition proceedings — Application for Community word mark SKYPE — Earlier Community word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 5 May 2015 ECLI:EU:T:2015:258 (Appeal: Case before the Court of Justice C-384/15 P) |
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Case T-715/13 Lidl Stiftung v OHIM – Horno del Espinar (Castello)
Community trade mark — Opposition proceedings — Application for the figurative Community mark Castello — Earlier national figurative mark ‘Castelló’ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation No (EC) 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009
Case T-115/15 R Deza v ECHA
Interim measures — REACH — Entry of the chemical substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list — Application for suspension of operation — No urgency
Case T-202/10 RENV Stichting Woonlinie and Others v Commission
State aid — Social housing — Scheme of aid granted to housing corporations — Existing aid — Decision accepting Member State’s commitments — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 12 May 2015 ECLI:EU:T:2015:287 (Appeal: Case before the Court of Justice C-414/15 P) |
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Case T-203/10 RENV Stichting Woonpunt and Others v Commission
State aid — Social housing — Scheme of aid granted to housing corporations — Existing aid — Decision accepting Member State’s commitments — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 12 May 2015 ECLI:EU:T:2015:286 (Appeal: Case before the Court of Justice C-415/15 P) |
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Case T-163/12 Ternavsky v Council
Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Restrictions on entry into and transit through the territory of the European Union — Error of assessment
Case T-363/12 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC natural beauty)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC natural beauty — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 13 May 2015 ECLI:EU:T:2015:278 (Appeal: Case before the Court of Justice C-374/15 P) |
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Case T-364/12 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC Kindii)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC Kindii — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 13 May 2015 ECLI:EU:T:2015:277 (Appeal: Case before the Court of Justice C-475/15 P) |
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Case T-47/13 DEP Goldsteig Käsereien Bayerwald v OHIM - Vieweg (goldstück)
Procedure — Taxation of costs — Manifest inadmissibility
Case T-363/13 Harper Hygienics v OHIM – Clinique Laboratories (CLEANIC intimate)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC intimate — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 13 May 2015 ECLI:EU:T:2015:276 (Appeal: Case before the Court of Justice C-474/15 P) |
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Case T-608/13 easyGroup IP Licensing v OHIM – Tui (easyAir-tours)
Community trade mark — Opposition proceedings — Application for the Community figurative mark easyAir-tours — Earlier national figurative mark airtours Ticket Factory — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the signs — No likelihood of confusion — Power to alter decisions — Article 65(3) of Regulation No 207/2009
Case T-102/14 Deutsche Post v OHIM – PostNL Holding (TPG POST)
Community trade mark — Opposition proceedings — Application for Community word mark TPG POST — Earlier national and Community word marks POST and Deutsche Post — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-169/14 Ferring v OHIM – Kora (Koragel)
Community trade mark — Opposition proceedings — Application for Community word mark Koragel — Earlier Community word mark CHORAGON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-559/14 Ackermann Saatzucht and Others v Parliament and Council
Action for annulment — Regulation (EU) No 511/2014 — Compliance measures for users from the Nagoya protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization in the Union — Lack of individual concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 18 May 2015 ECLI:EU:T:2015:315 (Appeal: Case before the Court of Justice C-408/15 P) |
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Case T-560/14 ABZ Aardbeien Uit Zaad Holding and Others v Parliament and Council
Action for annulment — Regulation (EU) No 511/2014 — Measures concerning compliance by users in the Union with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation — Lack of individual concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 18 May 2015 ECLI:EU:T:2015:314 (Appeal: Case before the Court of Justice C-409/15 P) |
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Case T-397/12 Diputación Foral de Bizkaia v Commission
State aid — Construction — Aid provided by the Spanish authorities to the company Habidite — Agreements concluded with a view to the establishment of a factory manufacturing construction modules and the delivery of modular houses manufactured by that factory –– Decision declaring the aid unlawful –– Decision declaring the aid partly compatible and partly incompatible with the internal market — No prior notification — Rights of the defence — Obligation to give reasons
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Judgment of the General Court (Second Chamber) of 19 May 2015 ECLI:EU:T:2015:291 (Appeal: Case before the Court of Justice C-426/15 P) |
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Case T-607/13 Granette & Starorežná Distilleries v OHIM – Bacardi (42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42 %vol.)
Community trade mark — Opposition proceedings — Application for Community figurative mark 42 VODKA JEMNÁ VODKA VYRÁBĚNÁ JEDINEČNOU TECHNOLOGIÍ 42% vol — Earlier international figurative mark 42 BELOW — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-71/14 Swatch v OHIM – Panavision Europe (SWATCHBALL)
Community trade mark — Opposition proceedings — Application for Community word mark SWATCHBALL — Community word and figurative marks and international word and figurative marks SWATCH and swatch — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-197/15 R Costa v Parliament
Application for interim measures — Former Member of the European Parliament — Person in receipt of a Members’ retirement pension — Recipient of an allowance as a President of a port authority — Rule against cumulation — Recovery of the pension received — Debit note — Application for a stay of enforcement — Infringement of the formal requirements — Inadmissibility
Case T-310/12 Yuanping Changyuan Chemicals v Council
Dumping — Imports of oxalic acid originating in India and China — Definitive anti-dumping duty — Community industry — Determination of injury — Article 9(4), Article 14(1) and Article 20(1) and (2) of Regulation (EC) No 1225/2009 — Obligation to state reasons — Right to make representations — Article 20(5) of Regulation No 1225/2009
Case T-153/15 R Hamcho and Hamcho International v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Case T-154/15 R Jaber v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Case T-155/15 R Kaddour v Council
Application for interim measures — Restrictive measures taken against Syria — Freezing of funds and restriction on entry into and transit through the territory of the European Union — Application for suspension of operation of a measure — Failure to comply with procedural requirements — Inadmissibility
Joined Cases T-331/10 RENV and T-416/10 RENV Yoshida Metal Industry v OHIM - Pi-Design and Others (Representation of a triangular surface with black dots)
Community trade mark — Invalidity proceedings — Community figurative trade marks representing a surface with black dots — Absolute ground for refusal — Sign consisting exclusively of the shape of the goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 21 May 2015 ECLI:EU:T:2015:302 (Appeal: Case before the Court of Justice C-421/15 P) |
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Case T-55/13 Formula One Licensing v OHIM – Idea Marketing (F1H2O)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark F1H2O — Community, international, Benelux and national word and figurative marks with the element ‘F1’ — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier trade marks — Article 8(5) of Regulation No 207/2009
Case T-201/13 Rubinum v Commission
Public health — Food safety — Additive for use in animal nutrition — Preparation of Bacillus cereus var. toyoi — Commission decision to suspend the authorisations of that preparation — Risk to health — Error of Law — Precautionary principle
Case T-218/13 Nutrexpa v OHIM – Kraft Foods Italia Intellectual Property (Cuétara Maria ORO)
Community mark — Opposition proceedings — Application for Community figurative mark Cuétara Maria ORO — Earlier Community and national figurative marks ORO — Partial refusal of registration — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-271/13 Nutrexpa v OHIM – Kraft Foods Italia Intellectual Property (Cuétara MARĺA ORO)
Community mark — Opposition proceedings — Application for Community figurative mark Cuétara MARÍA ORO — Earlier Community and national figurative marks ORO — Partial refusal of registration — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-403/13 APRAM v Commission
Action for annulment — Cohesion Fund — Regulation (EU) No 1164/94 — Reduction of financial assistance — Lack of direct concern — Inadmissibility
Case T-56/14 Evyap v EUIPO – Megusta Trading (nuru)
Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a wiggly line — Earlier national and international word and figurative marks DURU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-145/14 adidas v OHIM – Shoe Branding Europe (Two parallel stripes on a shoe)
Community trade mark — Opposition proceedings — Application for Community position mark consisting of two parallel stripes on a shoe — Community and national figurative marks and earlier international registration representing three parallel stripes applied to shoes and clothing — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 21 May 2015 ECLI:EU:T:2015:303 (Appeal: Case before the Court of Justice C-396/15 P) |
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Case T-197/14 La Zaragozana v OHIM – Charles Cooper (GREEN'S)
Community trade mark — Opposition proceedings — Application for the Community figurative trade mark GREEN’S — Earlier national word mark AMBAR GREEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-203/14 Mo Industries v OHIM (Splendid)
Community trade mark — Application for Community figurative mark Splendid — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment — Principle of sound administration
Case T-420/14 Wine in Black v OHIM – Quinta do Noval-Vinhos (Wine in Black)
Community trade mark — Opposition proceedings — Application for Community word mark Wine in Black — Earlier Community word mark NOVAL BLACK — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-635/14 Urb Rulmenti Suceava v OHIM – Adiguzel (URB)
Community trade mark — Invalidity proceedings — Figurative Community trade mark URB — Application for the earlier national mark URB, earlier national collective word mark URB, earlier national collective figurative mark URB and earlier international figurative marks URB — Absolute ground for refusal — No bad faith on the part of the proprietor of the Community trade mark — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — No authorisation by the proprietor of the earlier marks — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 — No infringement of Articles 22(3) and 72(1) of Regulation No 207/2009
June 2015
Case T-559/13 Giovanni Cosmetics v OHIM – Vasconcelos & Gonçalves (GIOVANNI GALLI)
Community trade mark – Opposition proceedings – Application for Community figurative mark GIOVANNI GALLI – Earlier Community word mark GIOVANNI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Distinctive character of a first name and a surname
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 3 June 2015
ECLI:EU:T:2015:353 |
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Case T-376/13 Versorgungswerk der Zahnärztekammer Schleswig-Holstein v ECB
Access to documents — Decision 2004/258/EC — Exchange Agreement of 15 February 2012 between Greece and the ECB and the national central banks in the Eurosystem — Annexes A and B — Partial refusal to grant access — Public interest — Monetary policy of the European Union and of a Member State — Internal finances of the ECB and the national central banks in the Eurosystem — Stability of the financial system in the European Union
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 4 June 2015
ECLI:EU:T:2015:361 |
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Case T-514/13 AgriCapital v OHIM – agri.capital (AGRI.CAPITAL)
Community trade mark — Opposition proceedings — Application for Community word mark AGRI.CAPITAL — Earlier Community word marks AgriCapital and AGRICAPITAL — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 10 June 2015
ECLI:EU:T:2015:372 (Appeal: Case before the Court of Justice C-440/15 P) |
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Case T-296/12 Health Food Manufacturers' Association and Others v Commission
Consumer protection — Regulation (EU) No 432/2012 — Health claims made on foods — Actions for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Infringement of Articles 13 and 28 of Regulation (EC) No 1924/2006 — Principle of good administration — Non-discrimination — Incorrect assessment criteria — Regulation No 1924/2006 — Plea of illegality — Right to be heard — Legal certainty — Unreasonable transition period — List of claims on hold
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 12 June 2015
ECLI:EU:T:2015:375 |
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Case T-334/12 Plantavis and NEM v Commission and EFSA
Consumer protection — Health claims made on foods — Regulation (EU) No 432/2012 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Regulation (EC) No 1924/2006 — Plea of illegality — Register of health claims
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 12 June 2015
ECLI:EU:T:2015:376 |
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Case T-259/15 R Close and Cegelec v Parliament
Interim measures — Public works contracts — Tendering procedure — Construction of an energy unit — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Application for suspension of the operation of a measure — Lack of urgency
Language of the case: French
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Order of the President of the General Court of 15 June 2015 (Extracts)
ECLI:EU:T:2015:378 |
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Case T-655/11 FSL and Others v Commission
Competition — Agreements, decisions and concerted practices — European banana market in Italy, Greece and Portugal — Coordination in the fixing of prices — Admissibility of evidence — Rights of defence — Misuse of powers — Evidence of the infringement — Calculation of the fine
Language of the case: English
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Judgment of the General Court (Second Chamber) of 16 June 2015
ECLI:EU:T:2015:383 (Appeal: Case before the Court of Justice C-469/15 P) |
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Case T-660/11 Polytetra v OHIM – EI du Pont de Nemours (POLYTETRAFLON)
Community trade mark — Opposition proceedings — Application for Community word mark POLYTETRAFLON — Earlier Community word mark TEFLON — No genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Final product incorporating a component — Use of the earlier mark in respect of the final products of third parties — Duty to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber) of 16 June 2015
ECLI:EU:T:2015:387 |
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Case T-358/11 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Public storage of sugar — Increase of costs relating to warehouse rental — Annual inventory of stocks — Physical inspections of storage sites — Legal certainty — Legitimate expectations — Proportionality — Obligation to state reasons — Existence of a risk of financial loss to the funds — Effectiveness
Language of the case: Italian
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Judgment of the General Court (First Chamber) of 19 June 2015
ECLI:EU:T:2015:394 |
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Case T-88/13 P Z v Court of Justice
Appeal — Civil service — Officials — Impartiality on the part of the Civil Service Tribunal — Application for the recusal of a judge — Reassignment — Interests of the service — Rule that the grade must correspond with the post — Article 7(1) of the Staff Regulations — Disciplinary proceedings — Rights of defence
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 19 June 2015 (Extracts)
ECLI:EU:T:2015:393 |
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Case T-527/13 Italy v Commission
State aid — Milk levy — Aid granted by Italy to milk producers — Aid scheme linked to the reimbursement of the milk levy — Conditional decision — Failure to comply with a condition which allowed the aid to be considered compatible with the internal market — De minimis aid — Existing aid — New aid — Alteration to existing aid — Procedure for reviewing State aid — Obligation to state reasons — Burden of proof
Language of the case: Italian
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Judgment of the General Court (Third Chamber) of 24 June 2015
ECLI:EU:T:2015:429 (Appeal: Case before the Court of Justice C-467/15 P) |
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Case T-847/14 GHC v Commission
Environment — Protection of the ozone layer — Fluorinated greenhouse gases — Regulation (EU) No 517/2014 — Placing of hydrofluorocarbons on the market — Determination of a reference value — Allocation of quotas — Duty to state reasons — Method of calculation
Language of the case: German
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Judgment of the General Court (Third Chamber) of 24 June 2015
ECLI:EU:T:2015:428 |
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Case T-186/12 Copernicus-Trademarks v OHIM – Maquet (LUCEA LED)
Community trade mark — Opposition proceedings — Application for Community word mark LUCEA LED — Earlier Community word mark LUCEO — Lack of precedence — Claiming of priority — Priority date entered in the register — Priority documents — Examination by OHIM of its own motion — Rights of the defence
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 25 June 2015
ECLI:EU:T:2015:436 (Appeal: Case before the Court of Justice C-43/16 P) |
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Case T-305/13 SACE and Sace BT v Commission
State aid — Export-credit insurance — Reinsurance cover provided by a public undertaking to its subsidiary — Capital contributions to cover the subsidiary’s losses — Concept of State aid — Imputability to the State — Private investor test — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Seventh Chamber) of 25 June 2015
ECLI:EU:T:2015:435 (Appeal: Case before the Court of Justice C-472/15 P) |
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Case T-95/14 Iranian Offshore Engineering & Construction v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Obligation to state reasons — Right to effective judicial protection — Misuse of power — Right to property — Equal treatment
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber) of 25 June 2015
ECLI:EU:T:2015:433 (Appeal: Case before the Court of Justice C-459/15 P) |
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Case T-489/13 La Rioja Alta v OHIM – Aldi Einkauf (VIÑA ALBERDI)
Community trade mark — Invalidity proceedings — Community word mark VIÑA ALBERDI — Earlier national figurative mark VILLA ALBERTI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of coexistence of trade marks — Likelihood of confusion
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 30 June 2015
ECLI:EU:T:2015:446 |
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Information (on unpublished decisions)
Case T-573/14 Polyelectrolyte Producers Group and SNF v Commission
Actions for annulment — Environment — Criteria for the award of the EU Ecolabel — Converted paper products — Excluded or limited substances and mixtures — Concentration limits for residual monomers — Article 263, fourth paragraph, TFEU — Lack of individual concern — Inadmissibility
Case T-241/15 R Buga v Parliament and Others
Application for interim measures — Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility
Joined Cases T-544/12 and T-546/12 Pensa Pharma v OHIM – Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa)
Community trade mark — Invalidity proceedings — Community word mark PENSA PHARMA and Community figurative mark pensa — Earlier national and Benelux word marks PENTASA — Express consent to the registration of the Community trade mark before submission of the application for a declaration of invalidity — Article 53(3) of Regulation (EC) No 207/2009 — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 and Article 53(1)(a) of Regulation No 207/2009
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Judgment of the General Court (Second Chamber) of 3 June 2015 ECLI:EU:T:2015:355 (Appeal: Case before the Court of Justice C-442/15 P) |
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Case T-448/13 Bora Creations v OHIM – Beauté prestige international (essence)
Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-578/13 Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission
Action for annulment — Plant protection products — Publication of documents relating to the inclusion of an active substance — Refusal of the request for confidential treatment of certain information — Contested act not attributable to the defendant — Inadmissibility
Case T-604/13 Levi Strauss v OHIM – L&O Hunting Group (101)
Community trade mark — Opposition proceedings — Application for Community word mark 101 — Earlier Community word mark 501 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-273/14 Lithomex v OHIM – Glaubrecht Stingel (LITHOFIX)
Community trade mark — Invalidity proceedings — Community word mark LITHOFIX — Earlier national and international word marks LITHOFIN — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Similarity of goods — No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-254/13 Stayer Ibérica v OHIM – Korporaciya "Masternet" (STAYER)
Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009
Case T-140/14 Bora Creations v OHIM (gel nails at home)
Community trade mark — Application for Community word mark gel nails at home — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-222/14 Deluxe Laboratories v OHIM (deluxe)
Community trade mark — Application for figurative Community mark deluxe — Absolute grounds for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Lack of distinctiveness acquired through use — Article 7(3) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 4 June 2015 ECLI:EU:T:2015:364 (Appeal: Case before the Court of Justice C-437/15 P) |
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Case T-562/14 Yoo Holdings v OHIM – Eckes-Granini Group (YOO)
Community trade mark — Opposition proceedings — Application for Community word mark YOO — Earlier national and international word marks YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-496/13 McCullough v Cedefop
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the award of public contracts and the conclusion of the ensuing contracts — Request seeking the production of documents in the context of criminal proceedings — Refusal of access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the decision-making process
Case T-452/14 Laboratoires CTRS v Commission
Medicinal products for human use — Orphan medicinal products — Marketing authorisation for the medicinal product Cholic Acid FGK (renamed Kolbam) — Therapeutic indications — Market exclusivity — Article 8(1) of Regulation (EC) No 141/2000
Case T-3/11 Portugal v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Deficiencies in the Land Parcel Identification System and the Geographic Information System (LPIS-GIS) in the performance of on-the-spot checks and in calculation of sanctions (financial years 2005 to 2007
Case T-306/13 Silicium España Laboratorios v OHIM – LLR-G5 (LLRG5)
Community trade mark — Invalidity proceedings — Community word mark ‘LLRG5’ — Absolute ground for refusal — Bad faith on the part of the Community trade mark proprietor — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-585/13 H.P. Gauff Ingenieure v OHIM – Gauff (Gauff JBG Ingenieure)
Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff JBG Ingenieure — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Case T-586/13 H.P. Gauff Ingenieure v OHIM – Gauff (Gauff THE ENGINEERS WITH THE BROADER VIEW)
Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff THE ENGINEERS WITH THE BROADER VIEW — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009
Case T-654/13 Gako Konietzko v OHIM (Shape of a cylindrical container in red and white)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a cylindrical container in red and white — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-229/14 Norma Lebensmittelfilialbetrieb v OHIM – Yorma's (Yorma Eberl)
Community trade mark — Opposition proceedings — Application for Community word mark Yorma Eberl — Earlier Community and national word marks NORMA — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) and Article 8(4) of Regulation (EC) No 207/2009
Case T-395/14 Best-Lock (Europe) v OHIM – Lego Juris (Shape of a toy figure)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of a toy figure — Absolute grounds for refusal — Sign consisting exclusively of the shape which results from the nature of the goods themselves — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(i) and (ii) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 16 June 2015 ECLI:EU:T:2015:380 (Appeal: Case before the Court of Justice C-451/15 P) |
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Case T-396/14 Best-Lock (Europe) v OHIM – Lego Juris (Shape of a toy figure with protrusion)
Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Shape of a toy figure with protrusion — Absolute grounds for refusal — Sign consisting exclusively of the shape which results from the nature of the goods themselves — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(i) and (ii) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 16 June 2015 ECLI:EU:T:2015:379 (Appeal: Case before the Court of Justice C-452/15 P) |
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Case T-274/15 R Alcogroup and Alcodis v Commission
Interim measures — Competition — Agreements, decisions and concerted practices — Market in bioethanol and ethanol — Administrative procedure — Order to submit to an inspection — Refusal to suspend the investigation — Application for interim measures — Inadmissibility
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Order of the President of the General Court of 16 June 2015 ECLI:EU:T:2015:389 (Appeal: Case before the Court of Justice C-386/15 P(R)) |
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Case T-60/14 BMV Mineralöl v OHIM – Delek Europe (GO)
Community trade mark — Opposition proceedings — Application for Community figurative mark GO — Earlier Community figurative mark GO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-690/13 In vivo v Commission
Action for failure to act — Refusal of the European Anti-Fraud Office (OLAF) to open an external investigation — Position defined — Application for directions to be issued — No direct concern — Inadmissibility
Case T-552/14 Wm. Wrigley Jr. v OHIM (Extra)
Community trade mark — Application for Community figurative mark Extra — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-553/14 Wm. Wrigley Jr. v OHIM (Extra)
Community trade mark — Application for Community figurative mark Extra — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-621/14 Infocit v OHIM – DIN (DINKOOL)
Community trade mark — Opposition proceedings — Application for Community word mark DINKOOL — Earlier international figurative mark DIN — Earlier national business identifier DIN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-625/14 Wm. Wrigley Jr. v OHIM (Representation of a sphere)
Community trade mark — Application for Community figurative mark representing a sphere — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-626/14 Wm. Wrigley Jr. v EUIPO (Representation of a blue sphere)
Community trade mark — Application for Community figurative mark representing a blue sphere — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-26/12 PT Musim Mas v Council
Dumping — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Adjustment — Article 2(9) and (10)(i) of Regulation (EC) No 1225/2009 — Functions similar to those of an agent working on a commission basis — Single economic entity — Manifest error of assessment — Principle of sound administration — Equality and non-discrimination
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Judgment of the General Court (Seventh Chamber) of 25 June 2015 ECLI:EU:T:2015:437 (Appeal: Case before the Court of Justice C-468/15 P) |
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Case T-662/13 dm-drogerie markt v OHIM – Diseños Mireia (M)
Community trade mark — Opposition proceedings — Application for the Community figurative mark M — Earlier Community word mark dm — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-19/13 Frank Bold v Commission
Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Decision granting the Czech Republic an option for transitional free allocation of quotas for the modernisation of electricity generation — Request for internal review of that decision — No measure of individual scope — Commission decision declaring the request for a review inadmissible — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-618/14 Grupo Bimbo v OHIM (Shape of a Mexican tortilla)
Community trade mark — Application for three-dimensional Community mark — Shape of a Mexican tortilla — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 29 June 2015 ECLI:EU:T:2015:440 (Appeal: Case before the Court of Justice C-476/15 P) |
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Case T-404/10 RENV Gambling Commission v OHIM - Mediatek Italia and De Gregorio (Representation of a hand)
Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law
Joined Cases T-186/13, T-190/13 and T-193/13 Netherlands and Others v Commission
State aid — Sale of land — Aid granted to Schouten-de Jong Bouwfonds by a public-private partnership set up by the Municipality of Leidschendam-Voorburg — Reduction in the sale price of land and retroactive exemption from payment of the fees payable for its exploitation and quality — Decision declaring the aid incompatible with the common market and ordering its recovery — Concept of aid — Private-investor test — Assessment of all factors relevant to the transaction at issue and its context
July 2015
Joined Cases T-425/04 RENV and T-444/04 RENV France and Orange v Commission
State Aid — Financial measures in favour of France Télécom — Shareholder loan offer — Public declarations by the French State — Decision declaring the aid incompatible with the common market — Absence of extension of the formal investigation procedure — Rights of the defence — Prudent private investor criterion — Normal market conditions — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 2 July 2015
ECLI:EU:T:2015:450 (Appeal: Case before the Court of Justice C-486/15 P) |
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Case T-214/13 Typke v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to competition EPSO/AD/230-231/12 — Implied refusal to grant access — Refusal to grant access — Request for modification of the form of order sought submitted in the reply — Time-limit — Withdrawal of the implied decision — No need to adjudicate — Concept of a document — Extraction and organisation of information contained in electronic databases
Language of the case: English
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Judgment of the General Court (Third Chamber) of 2 July 2015
ECLI:EU:T:2015:448 (Appeal: Case before the Court of Justice C-491/15 P) |
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Case T-657/13 BH Stores v OHIM – Alex Toys (ALEX)
Community trade mark — Opposition proceedings — Application for Community word mark ALEX — National word and figurative marks ALEX — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the appeal before the Board of Appeal — Obligation to state reasons — Article 75 of Regulation No 207/2009 — No similarity between the goods and services covered by the marks at issue — No likelihood of confusion
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 2 July 2015
ECLI:EU:T:2015:449 (Appeal: Case before the Court of Justice C-480/15 P) |
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Case T-677/13 Axa Versicherung v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a proceeding pursuant to the competition rules — Request relating to a set of documents — Refusal to grant access — Request relating to a single document — Table of contents — Obligation to undertake a specific and individual examination — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Claim for damages — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Third Chamber) of 7 July 2015
ECLI:EU:T:2015:473 |
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Case T-312/14 Federcoopesca and Others v Commission
Action for annulment — Fisheries — Community control system for ensuring compliance with the rules of the common fisheries policy — Commission decision establishing an action plan to overcome shortcomings in the Italian fisheries control system — Act that does not, in itself, alter the applicant’s legal situation — Lack of individual concern — Inadmissibility
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 7 July 2015
ECLI:EU:T:2015:472 |
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Case T-536/11 European Dynamics Luxembourg and Others v Commission
Public service contracts — Tender procedure — Provision of computing services for the development and maintenance of software, consultancy and assistance for different types of IT applications — Ranking of a tenderer’s bid in the cascade for different lots and ranking of the bids of other tenderers — Obligation to state reasons — Award criterion — Manifest error of assessment — Non-contractual liability
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 8 July 2015
ECLI:EU:T:2015:476 |
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Case T-436/12 Deutsche Rockwool Mineralwoll v OHIM – Ceramicas del Foix (Rock & Rock)
Community trade mark — Invalidity proceedings — Community figurative mark Rock & Rock — Earlier national word marks MASTERROCK, FIXROCK, FLEXIROCK, COVERROCK and CEILROCK — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 8 July 2015
ECLI:EU:T:2015:477 |
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Case T-548/12 Deutsche Rockwool Mineralwoll v OHIM – Redrock Construction (REDROCK)
Community trade mark — Invalidity proceedings — Community figurative mark REDROCK — Earlier national word marks ROCK, KEPROCK, FLEXIROCK, FORMROCK, FLOOR-ROCK, TERMAROCK, KLIMAROCK, SPEEDROCK, DUROCK, SPLITROCK, PLANAROCK, TOPROCK, KLEMMROCK, FIXROCK, SONOROCK PLUS, VARIROCK, SONOROCK and MASTERROCK — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Language of the case: Czech
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Judgment of the General Court (Ninth Chamber) of 8 July 2015
ECLI:EU:T:2015:478 (Appeal: Case before the Court of Justice C-487/15 P) |
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Case T-55/14 Genossenschaftskellerei Rosswag-Mühlhausen v OHIM (Lembergerland)
Community trade mark — Application for Community word mark Lembergerland — Absolute ground for refusal — Trade mark for wine with geographical indications — Article 7(1)(j) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (First Chamber) of 14 July 2015
ECLI:EU:T:2015:486 |
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Case T-47/10 Akzo Nobel and Others v Commission
Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Duration of the infringements — Limitation period — Duration of the administrative procedure — Reasonable time — Rights of the defence — Attribution of the infringements — Infringements committed by the subsidiaries, by a partnership without legal personality of its own and by a subsidiary — Calculation of the amount of the fines
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 15 July 2015
ECLI:EU:T:2015:506 (Appeal: Case before the Court of Justice C-516/15 P) |
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Case T-189/10 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — European markets in heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by subsidiaries — Fines — Joint and several liability of the subsidiaries and the parent company — Exceeding the 10% ceiling for one of the subsidiaries — Decision readopted — Reduction of the fine for that subsidiary — Attribution to the other subsidiary and the parent company of the obligation to pay the reduced fine — Rights of the defence — Right to be heard — Right of access to the file
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 15 July 2015
ECLI:EU:T:2015:504 |
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Cases T-389/10 and T-419/10 SLM and Ori Martin v Commission
Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Single, complex and continuous infringement — Limitation — 2006 Guidelines on the method of setting fines — Imputation of liability for the infringement to the parent company — Proportionality — Principle that penalties must be specific to the individual and to the offence — Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:513 (Appeal: Case before the Court of Justice C-490/15 P) (Appeal: Case before the Court of Justice C-522/15 P) (Appeal: Case before the Court of Justice C-505/15 P) |
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Case T-391/10 Nedri Spanstaal v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Quota fixing and price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Maximum amount of 10% of turnover — Relevant turnover — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:509 |
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Case T-393/10 Westfälische Drahtindustrie and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Complex infringement — Single and continuous infringement — Distancing — Gravity of the infringement — Mitigating circumstances — Equal treatment — Principle that penalties must fit the offence — Appraisal of ability to pay — 2002 Commission Notice on cooperation — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:515 (Appeal: Case before the Court of Justice C-523/15 P) |
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Case T-398/10 Fapricela v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure
Language of the case: Portuguese
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:498 (Appeal: Case before the Court of Justice C-510/15 P) |
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Case T-406/10 Emesa-Trefilería and Industrias Galycas v Commission
Competition — Agreements, decisions and concerted practices — European prestressing steel market — Price fixing, market sharing and exchanging of sensitive commercial information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Article 139(a) of the Rules of Procedure of the General Court
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:499 |
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Cases T-413/10 and T-414/10 Socitrel and Companhia Previdente v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — 2006 Guidelines on the method of setting fines — Reasonable time
Language of the case: Portuguese
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:500 |
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Case T-418/10 voestalpine and voestalpine Wire Rod Austria v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Single, complex and continuous infringement — Agency agreement — Imputability to the principal of the unlawful conduct of the agent — Lack of awareness by the principal of the unlawful conduct of the agent — Participant in a component of the infringement and awareness of the overall plan — 2006 Guidelines on the method of setting fines — Proportionality — Principle that penalties must fit the individual offender — Unlimited jurisdiction
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:516 |
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Case T-422/10 Trafilerie Meridionali v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proportionality — Principle that the penalty must fit the offence — Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:512 (Appeal: Case before the Court of Justice C-519/15 P) |
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Case T-423/10 Redaelli Tecna v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Cooperation during the administrative procedure — Reasonable time
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:511 |
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Case T-436/10 HIT Groep v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price-fixing, market-sharing and exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Rules on the imputability of the anticompetitive practices of a subsidiary to its parent company — Presumption of actual exercise of decisive influence — Reasonable time
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber) of 15 July 2015
ECLI:EU:T:2015:514 (Appeal: Case before the Court of Justice C-514/15 P) |
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Case T-485/11 Akzo Nobel and Akcros Chemicals v Commission
Competition — Agreements, decisions and concerted practices — European markets for heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Infringement committed by a jointly-held subsidiary — Fines — Joint and several liability of the subsidiary and the parent companies — Ten-year limitation period applicable to one of the parent companies — Decision readopted — Reduction of the amount of the fine imposed on one of the parent companies — Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine — Rights of the defence
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 15 July 2015
ECLI:EU:T:2015:517 |
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Case T-462/12 Pilkington Group v Commission
Competition — Administrative procedure — European automotive glass market — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of data allegedly covered by business secrecy — Obligation to state reasons — Confidentiality — Obligation of professional secrecy — Legitimate expectations
Language of the case: English
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Judgment of the General Court (Third Chamber) of 15 July 2015
ECLI:EU:T:2015:508 |
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Case T-465/12 AGC Glass Europe and Others v Commission
Competition — Administrative procedure — European automotive glass market — Publication of a decision finding an infringement of Article 81 EC — Rejection of a request for confidential treatment of information the Commission intends to publish — Obligation to state reasons — Confidentiality — Obligation of professional secrecy — Leniency programme — Legitimate expectations — Equal treatment
Language of the case: English
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Judgment of the General Court (Third Chamber) of 15 July 2015
ECLI:EU:T:2015:505 (Appeal: Case before the Court of Justice C-517/15 P) |
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Case T-115/13 Dennekamp v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the affiliation of certain Members of the European Parliament to the additional pension scheme — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Article 8(b) of Regulation (EC) No 45/2001 — Transfer of personal data — Conditions concerning the necessity of having the data transferred and the risk that the data subject’s legitimate interests might be prejudiced
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 15 July 2015
ECLI:EU:T:2015:497 |
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Case T-337/13 CSF v Commission
Approximation of laws — Directive 2006/42/EC — Machinery bearing the ‘CE’ marking — Essential safety requirements — Risks to the safety of persons — Safeguard clause — Commission decision declaring a national measure prohibiting the placing on the market to be justified — Conditions governing the implementation of the safeguard clause — Manifest error of assessment — Equal treatment
Language of the case: Italian
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Judgment of the General Court (Third Chamber) of 15 July 2015
ECLI:EU:T:2015:502 |
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Case T-398/13 TVR Automotive v OHIM – TVR Italia (TVR ITALIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark TVR ITALIA — Earlier national and Community word marks TVR — Relative ground for refusal– Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 –Revocation proceedings — Genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 15 July 2015
ECLI:EU:T:2015:503 (Appeal: Case before the Court of Justice C-500/15 P) |
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Case T-611/13 Australian Gold v OHIM – Effect Management & Holding (HOT)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Figurative mark HOT — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Second sentence of Article 75 of Regulation No 207/2009 — Cross-claim before the Board of Appeal — Article 8(3) of Regulation (EC) No 216/96 — Cross-claim before the General Court — Article 134(3) of the Rules of Procedure of 2 May 1991
Language of the case: German
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Judgment of the General Court (Second Chamber) of 15 July 2015
ECLI:EU:T:2015:492 |
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Case T-207/15 R National Iranian Tanker Company v Council
Application for interim measures — Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Application for suspension of operation of a measure — Prima facie case — Balancing of interests — No urgency
Language of the case: English
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Order of the President of the General Court of 16 July 2015 (Extracts)
ECLI:EU:T:2015:535 |
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Information (on unpublished decisions)
Case T-516/10 France v Commission
EAGGF — ‘Guidance’ Section — Reduction of financial aid — Community initiative programme Leader+ — Failure to comply with the time-limit for adoption of a decision — Infringement of an essential procedural requirement
Case T-44/11 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Aid for the production of skimmed-milk powder — Irregularities or negligence attributable to administrative authorities or bodies of the Member States — Proportionality — Obligation to state reasons — Principle of ne bis in idem — Reasonable period
Case T-521/13 Alpinestars Research v OHIM – Tung Cho and Wang Yu (A ASTER)
Community trade mark — Opposition proceedings — Application for the Community figurative mark A ASTER — Earlier Community word mark A-STARS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-89/11 Nanu-Nana Joachim Hoepp v OHIM – Vincci Hoteles (NANU)
Community trade mark — Opposition proceedings — Application for Community word mark NANU — Earlier Community word mark NAMMU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 9 July 2015 ECLI:EU:T:2015:479 (Appeal: Case before the Court of Justice C-479/15 P) |
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Joined Cases T-98/13 and T-99/13 CMT v OHIM – Camomilla (Camomilla)
Community trade mark — Invalidity proceedings — Community figurative mark Camomilla — Earlier national figurative mark CAMOMILLA — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — No similarity between the goods — No damage to reputation — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009 — Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-100/13 CMT v OHIM – Camomilla (CAMOMILLA)
Community trade mark — Invalidity proceedings — Community word mark CAMOMILLA — Earlier national figurative mark Camomilla — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — No bad faith on the part of the proprietor of the Community trade mark — Relative ground for refusal — Genuine use of the earlier mark — Additional evidence brought before the Board of Appeal
Case T-436/14 Neka Novin v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken against Iran — Freezing of funds — Period allowed for commencing proceedings — Publication of a notice in the Official Journal — Article 102(1) of the Rules of Procedure of the General Court of 2 May 1991 — Rejection of the plea of inadmissibility
Case T-617/14 Pro Asyl v EASO
Access to documents — Regulation (EC) No 1049/2001 — Operational Plan for the deployment of an asylum support team in the territory of Bulgaria — Refusal of access — No need to adjudicate — Action for annulment — Electronic document register — Partial manifest inadmissibility
Case T-45/10 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — European market for ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price fixing, market allocation and exchange of commercially sensitive information — Fines — Attribution of the infringement — Shareholding presumption — Duration and proof of the infringement — Limitation period — Duration of the administrative procedure — Reasonable time — Rights of the defence
Case T-323/12 Knauf Insulation Technology v OHIM – Saint Gobain Cristalería (ECOSE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ECOSE — Earlier national word mark ECOSEC FACHADAS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-324/12 Knauf Insulation Technology v OHIM – Saint Gobain Cristalería (ECOSE TECHNOLOGY)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ECOSE TECHNOLOGY — Earlier national word mark ECOSEC FACHADAS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-24/13 Cactus v OHIM – Del Rio Rodríguez (CACTUS OF PEACE CACTUS DE LA PAZ)
Community trade mark — Opposition proceedings — Application for Community figurative mark CACTUS OF PEACE CACTUS DE LA PAZ — Earlier Community word mark CACTUS and earlier figurative mark Cactus — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Article 76(1) and (2) of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 15 July 2015 ECLI:EU:T:2015:494 (Appeal: Case before the Court of Justice C-501/15 P) |
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Case T-215/13 Deutsche Rockwool Mineralwoll v OHIM – Recticel (λ)
Community trade mark — Revocation proceedings — Community figurative mark λ — Genuine use — Use as part of a composite mark — Proof of use — Articles 15 and 51(1) of Regulation (EC) No 207/2009
Case T-314/13 Portugal v Commission
Cohesion Fund — Development of port infrastructures of the Autonomous Region of Madeira (Port of Caniçal) — Reduction of financial assistance — Non-compliance with the time-limit for adopting a decision — Infringement of essential procedural requirements
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Judgment of the General Court (Ninth Chamber) of 15 July 2015 ECLI:EU:T:2015:493 (Appeal: Case before the Court of Justice C-495/15 P) |
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Case T-333/13 Westermann Lernspielverlag v OHIM – Diset (bambinoLÜK)
Community trade mark — Opposition proceedings — Application for Community figurative mark bambinoLÜK — Earlier Community figurative mark BAMBINO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 15 July 2015 ECLI:EU:T:2015:490 (Appeal: Case before the Court of Justice C-482/15 P) |
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Case T-561/13 Spain v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development programme for Galicia (2007 2013) — Rural development support measures — Compensation payments for natural handicaps — Expenses incurred by Spain — On-the-spot checks — Obligation to carry out a census of animals — Article 10(2) and (4) and Article 14(2) of Regulation (EC) No 1975/2006 — Article 35(1) of Regulation (EC) No 796/2004 — Default procedure
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Judgment of the General Court (Fifth Chamber) of 15 July 2015 ECLI:EU:T:2015:496 (Appeal: Case before the Court of Justice C-506/15 P) |
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Case T-352/14 The Smiley Company v OHIM – The Swatch Group Management Services (HAPPY TIME)
Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-631/14 Roland v EUIPO – Louboutin (Nuance of red on the sole of a shoe)
Community trade mark — Opposition proceedings — Application for Community trade mark consisting of a nuance of red on the sole of a shoe — Earlier international figurative mark my SHOES — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-69/15 NK Rosneft and Others v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Lis pendens — Manifest inadmissibility
Case T-565/14 EEB v Commission
Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Poland of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Case T-685/14 EEB v Commission
Environment — Regulation (EC) No 1367/2006 — Commission decision concerning the notification by Bulgaria of a transitional national plan as referred to in Article 32 of Directive 2010/75/EU on industrial emissions — Refusal of internal review — Measure of individual scope — Aarhus Convention — Period allowed for commencing proceedings — Lateness — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Case T-321/15 R GSA and SGI v Parliament
Application for interim measures — Public service contracts — Tender procedure — Fire security, assistance to persons and external surveillance at the European Parliament’s site in Brussels — Rejection of the bid made by a tenderer and award of the contract to another tenderer — Application for suspension of operation of a measure — Lack of urgency
Case T-724/14 European Children's Fashion Association and Instituto de Economía Pública v EACEA
Action for annulment — Arbitration clause — Action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the children’s product sector’ project — Pre-information letter — Debit note — Identification of the defendant — Partial inadmissibility
September 2015
Case T-235/15 R Pari Pharma v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Language of the case: English
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Order of the President of the General Court of 1 September 2015 (Extracts)
ECLI:EU:T:2015:587 (Appeal: Case before the Court of Justice C-550/15 P(R)) |
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Case T-344/15 R France v Commission
Application for interim measures — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents sent by the authorities to the Commission in accordance with the procedure laid down in Directive 98/34/EC — France’s objection to disclosure of the documents — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
Language of the case: French
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Order of the President of the General Court of 1 September 2015
ECLI:EU:T:2015:583 |
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Case T-676/14 Spain v Commission
Action for annulment — Article 8(3) of Regulation (EU) No 1173/2011 — Effective enforcement of budgetary surveillance in the euro area — Manipulation of statistics — Commission decision to initiate an investigation — Act not amenable to review — Preparatory act — Inadmissibility
Language of the case: Spanish
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Order of the General Court (Eighth Chamber) of 3 September 2015
ECLI:EU:T:2015:602 |
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Case T-503/12 United Kingdom v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls
Language of the case: English
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Judgment of the General Court (Second Chamber) of 4 September 2015
ECLI:EU:T:2015:597 |
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Case T-245/13 United Kingdom v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Single payment scheme — Key controls — Ancillary controls — Articles 51, 53, 73 and 73a of Regulation (EC) No 796/2004
Language of the case: English
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Judgment of the General Court (Second Chamber) of 4 September 2015
ECLI:EU:T:2015:595 |
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Case T-564/12 Ministry of Energy of Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Breach of fundamental rights — Proportionality
Language of the case: English
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Judgment of the General Court (First Chamber) of 8 September 2015
ECLI:EU:T:2015:599 |
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Case T-82/13 Panasonic and MT Picture Display v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Rights of the defence — Proof of participation in the cartel — Single and continuous infringement — 2006 Guidelines on the method of setting fines — Proportionality — Fines — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 September 2015
ECLI:EU:T:2015:612 (Appeal: Case before the Court of Justice C-608/15 P) |
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Case T-104/13 Toshiba v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Proof of participation in the cartel — Single and continuous infringement — Imputability of the infringement — Joint control — Fines — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 September 2015
ECLI:EU:T:2015:610 (Appeal: Case before the Court of Justice C-623/15 P) |
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Case T-660/14 SV Capital v EBA
Economic and monetary policy — Application to initiate an investigation for an alleged breach of EU law — Decision of the EBA — Decision of the Board of Appeal of the European Supervisory Authorities — Finding of the Court of its own motion — Lack of competence of the author of the act — Action for annulment — Period allowed for commencing proceedings — Delay — Partly inadmissible
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 September 2015
ECLI:EU:T:2015:608 (Appeal: Case before the Court of Justice C-577/15 P) |
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Case T-525/13 H&M Hennes & Mauritz v OHIM – Yves Saint Laurent (Handbags)
Community design — Invalidity proceedings — Registered Community design representing handbags — Earlier design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002 — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 10 September 2015
ECLI:EU:T:2015:617 |
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Case T-585/14 Slovenia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Language of the case: Slovene
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Order of the General Court (Third Chamber, Extended Composition) of 14 September 2015
ECLI:EU:T:2015:662 |
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Case T-346/12 Hungary v Commission
Agriculture — Common organisation of the markets — Fruit and vegetable sector — National financial assistance granted to producer organisations — Commission implementing decision concerning the reimbursement by the European Union of national financial assistance granted by Hungary to its producer organisations — Article 103e of Regulation (EC) No 1234/2007 — Article 97 of Regulation (EC) No 1580/2007
Language of the case: Hungarian
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Judgment of the General Court (Second Chamber) of 15 September 2015
ECLI:EU:T:2015:638 (Appeal: Case before the Court of Justice C-644/15 P) |
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Case T-472/12 Novartis Europharm v Commission
Medicinal products for human use — Marketing authorisation for the generic medicinal product Zoledronic acid Teva Pharma — zoledronic acid — Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid — Directive 2001/83/EC — Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 — Global marketing authorisation — Regulatory data protection period
Language of the case: English
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Judgment of the General Court (Second Chamber) of 15 September 2015
ECLI:EU:T:2015:637 (Appeal: Case before the Court of Justice C-629/15 P) |
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Case T-89/13 Calestep v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Action manifestly lacking any foundation in law
Language of the case: Spanish
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Order of the General Court (Sixth Chamber) of 16 September 2015
ECLI:EU:T:2015:711 |
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Case T-231/14 P EMA v Drakeford
Appeal — Civil service — Temporary staff — Fixed-term contract — Non-renewal decision — Article 8, first paragraph, of the CEOS — Reclassification of a fixed-term contract as a contract of indefinite duration — Unlimited jurisdiction
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 16 September 2015
ECLI:EU:T:2015:639 |
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Case T-550/14 Volkswagen v OHIM (COMPETITION)
Community trade mark — Application for Community word mark COMPETITION — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 17 September 2015
ECLI:EU:T:2015:640 |
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Case T-421/07 RENV Deutsche Post v Commission
State aid — Postal delivery — Measures taken by the German authorities in favour of Deutsche Post AG — Decision to initiate the procedure laid down in Article 88(2) EC — Interest in bringing proceedings — Re-opening of a closed procedure — Effects of a judgment annulling a measure
Language of the case: German
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Judgment of the General Court (First Chamber) of 18 September 2015
ECLI:EU:T:2015:654 |
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Case T-1/08 INTP Buczek Automotive v Commission
Procedure — Interpretation of a judgment
Language of the case: Polish
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Judgment of the General Court (First Chamber) of 18 September 2015
ECLI:EU:T:2015:653 |
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Case T-710/13 Bundesverband Deutsche Tafel v OHIM – Tiertafel Deutschland (Tafel)
Community trade mark — Invalidity proceedings — Community word mark Tafel — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 18 September 2015
ECLI:EU:T:2015:643 |
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Case T-161/13 First Islamic Investment Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality
Language of the case: English
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Judgment of the General Court (First Chamber) of 22 September 2015
ECLI:EU:T:2015:667 |
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Case T-245/11 ClientEarth and International Chemical Secretariat v ECHA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by ECHA — Documents deriving from a third party — Time-limit for response to an application for access — Refusal of access — Exception relating to protection of the commercial interests of a third party — Exception relating to protection of the decision-making process — Overriding public interest — Environmental information — Emissions into the environment
Language of the case: English
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Judgment of the General Court (Second Chamber) of 23 September 2015
ECLI:EU:T:2015:675 |
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Joined Cases T-261/13 and T-86/14 Netherlands v Commission
HICP — Regulation (EC) No 2494/95 — Harmonised indices of consumer prices at constant tax rates (HICP-CT) — Regulation (EU) No 119/2013 — Owner-occupied housing price indices — Regulation (EU) No 93/2013 — Eurostat — Comitology — Implementing measures — Regulatory procedure with scrutiny
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 23 September 2015
ECLI:EU:T:2015:671 |
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Case T-205/14 Schroeder v Council and Commission
Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared by the Court of Justice to be invalid — Loss allegedly suffered by the applicant following the adoption of the regulation — Action for compensation — Exhaustion of domestic remedies — Admissibility — Sufficiently serious infringement of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link
Language of the case: German
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Judgment of the General Court (Second Chamber) of 23 September 2015
ECLI:EU:T:2015:673 |
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Case T-674/11 TV2/Danmark v Commission
State aid — Public-service broadcasting — Decision declaring aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark — Public funding granted to offset the costs involved in the performance of public-service obligations — Concept of aid — Judgment in Altmark
Language of the case: Danish
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Judgment of the General Court (Eighth Chamber) of 24 September 2015
ECLI:EU:T:2015:684 (Appeal: Case before the Court of Justice C-656/15 P) (Appeal: Case before the Court of Justice C-657/15 P) (Appeal: Case before the Court of Justice C-649/15 P) |
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Case T-125/12 Viasat Broadcasting UK v Commission
State aid — Public-service broadcasting — Decision declaring aid compatible with the internal market — Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark — Public funding granted to offset the costs involved in the performance of public-service obligations — Compatibility of aid — Judgment in Altmark
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 24 September 2015
ECLI:EU:T:2015:687 (Appeal: Case before the Court of Justice C-660/15 P) |
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Cases T-124/13 and T-191/13 Italy and Spain v Commission
Languages — Notices of open competition for the recruitment of administrators and assistants — Choice of second language from three languages — Language of communication with candidates in competitions — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Languages of the case: Italian and Spanish
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Judgment of the General Court (Eighth Chamber) of 24 September 2015
ECLI:EU:T:2015:690 |
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Case T-268/10 RENV PPG and SNF v ECHA
REACH — Identification of acrylamide as a substance of very high concern — Intermediates — Action for annulment — Whether directly concerned — Admissibility — Proportionality — Equal treatment
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 25 September 2015
ECLI:EU:T:2015:698 (Appeal: Case before the Court of Justice C-650/15 P) |
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Case T-360/13 VECCO and Others v Commission
REACH — Inclusion of chromium trioxide in the list of substances subject to authorisation — Uses or categories of uses exempted from the authorisation requirement — Concept of ‘existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance’ — Manifest error of assessment — Proportionality — Rights of the defence — Principle of sound administration
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 25 September 2015
ECLI:EU:T:2015:695 (Appeal: Case before the Court of Justice C-651/15 P) |
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Case T-684/13 Copernicus-Trademarks v OHIM – Bolloré (BLUECO)
Community trade mark — Opposition proceedings — Application for the Community word mark BLUECO — Earlier Community word mark BLUECAR — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for variation made by the intervener — Article 65(4) of Regulation No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber) of 25 September 2015
ECLI:EU:T:2015:699 |
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Case T-450/12 Anagnostakis v Commission
Law governing the institutions — European citizens’ initiative — Economic and monetary policy — Non-payment of sovereign debt — Establishment of the principle of the ‘state of necessity’ — Refusal of registration — Powers of the Commission — Obligation to state reasons
Language of the case: Greek
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Judgment of the General Court (First Chamber) of 30 September 2015
ECLI:EU:T:2015:739 (Appeal: Case before the Court of Justice C-589/15 P) |
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Case T-136/14 Tilda Riceland Private v OHIM – Siam Grains (BASmALI)
Community trade mark — Opposition proceedings — Application for the Community figurative mark BASmALI — Earlier non-registered trade mark or earlier sign BASMATI — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 30 September 2015
ECLI:EU:T:2015:734 |
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Information (on unpublished decisions)
Case T-441/13 Makhlouf v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Error of assessment — Right to property — Right to respect for private life — Proportionality — Force of res judicata — Time-limit for bringing an action — Admissibility — Action manifestly lacking any foundation in law
Case T-368/15 R Alcimos Consulting v ECB
Application for interim measures — Economic and monetary policy — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Application for suspension of operation of a measure — Breach of procedural requirements — Inadmissibility
Case T-225/14 iNET24 Holding v OHIM (IDIRECT24)
Community trade mark — International registration designating the European Community — Word mark IDIRECT24 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-254/14 Warenhandelszentrum v OHIM – Baumarkt Max Bahr (NEW MAX)
Community trade mark — Opposition proceedings — Application for the figurative Community trade mark NEW MAX — Earlier figurative Community trade mark MAX — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-577/12 NIOC and Others v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Standing to bring proceedings — Admissibility — Obligation to state reasons — Indication and choice of legal basis — Competence of the Council — Principle of foreseeability of European Union acts — Meaning of associated entity — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Proportionality — Right to property
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Judgment of the General Court (Seventh Chamber) of 4 September 2015 ECLI:EU:T:2015:596 (Appeal: Case before the Court of Justice C-595/15 P) |
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Case T-234/12 Amitié v Commission
Arbitration clause — Grant — Financial aid — Suspension of payment — Claim for reimbursement of the declared costs — Damages — Interest on late payment — Debit note — Contractual liability — Counterclaim
Case T-714/13 Gold Crest v OHIM (MIGHTY BRIGHT)
Community trade mark — Application for the Community word mark MIGHTY BRIGHT — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-84/13 Samsung SDI and Others v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Duration of the infringement — Cooperation during the administrative procedure — 2006 Leniency Notice — Reduction of the fine — Calculation of the fine — Taking account of undertakings’ sales according to the place of delivery — Taking account of the average value of sales recorded during the infringement period
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:611 (Appeal: Case before the Court of Justice C-615/15 P) |
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Case T-91/13 LG Electronics v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Imputability to a parent company of an infringement committed by a joint venture — Equal treatment — Method of calculating the fine — Taking into account the value of sales of cathode ray tubes through transformed products — Limitation period — Proportionality — Duration of the administrative procedure
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:609 (Appeal: Case before the Court of Justice C-588/15 P) |
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Case T-92/13 Philips v Commission
Competition — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Agreements and concerted practices on pricing, market sharing, capacity and production — Single and continuous infringement — Imputability to a parent company of an infringement committed by a joint venture — Equal treatment — Method of calculating the fine — Taking into account the value of sales of cathode ray tubes through transformed products — Taking into account the average value of sales recorded during the infringement — Taking into account the overall turnover of the group — Proportionality — Duration of the administrative procedure
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:605 (Appeal: Case before the Court of Justice C-622/15 P) |
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Case T-168/14 Pérez Gutiérrez v Commission
Non-contractual liability — Public health — Directive 2011/37/EC — Manufacture, presentation and sale of tobacco products — Colour photographs proposed by the Commission as health warnings to appear on tobacco packages — Decision 2003/641/EC — Unauthorised use of the image of a deceased person — Harm suffered personally by the widow of the deceased person
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:607 (Appeal: Case before the Court of Justice C-604/15 P) |
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Case T-278/14 Dairek Attoumi v OHIM – Diesel (DIESEL)
Community design — Invalidity proceedings — Registered Community design DIESEL — Earlier international word mark DIESEL — Ground for invalidity — Use of a distinctive sign — Likelihood of confusion — Article 25(1)(e) of Regulation (EC) No 6/2002 — Proof of genuine use — Stay of the administrative proceedings
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:606 (Appeal: Case before the Court of Justice C-578/15 P) |
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Case T-530/14 Verein StHD v OHIM (Representation of a black ribbon)
Community trade mark — Application for Community figurative mark representing a black ribbon — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-584/14 Inditex v OHIM – Ansell (ZARA)
Community trade mark — Proceedings for revocation — Community word mark ZARA — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 9 September 2015 ECLI:EU:T:2015:604 (Appeal: Case before the Court of Justice C-575/15 P) |
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Case T-633/14 Monster Energy v OHIM (Representation of a peace symbol)
Community trade mark — Period for bringing an action — Point from which time starts to run — Notification of the Board of Appeal’s decision by fax machine — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
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Order of the General Court (Second Chamber) of 9 September 2015 ECLI:EU:T:2015:658 (Appeal: Case before the Court of Justice C-602/15 P) |
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Case T-666/14 Monster Energy v OHIM (GREEN BEANS)
Community trade mark — Period for bringing an action — Point from which time starts to run — Notification of the Board of Appeal’s decision by fax machine — Receipt of the fax — Lateness — No force majeure or unforeseeable circumstances — Manifest inadmissibility
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Order of the General Court (Second Chamber) of 9 September 2015 ECLI:EU:T:2015:657 (Appeal: Case before the Court of Justice C-603/15 P) |
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Case T-446/10 Dow AgroSciences and Dintec Agroquímica - Produtos Químicos v Commission
Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Regulation (EC) No 33/2008 — Accelerated assessment procedure — Manifest error of assessment — Principle of non-discrimination — Proportionality
Case T-346/13 Greece v Commission
EAGGF — ‘Guarantee’ Section — EAGGF and EAFRD — Expenditure excluded from financing — Rural development measures — Agri-environment — Adequate checks — Lump-sum financial corrections
Case T-526/13 H&M Hennes & Mauritz v OHIM – Yves Saint Laurent (Handbags)
Community design — Invalidity proceedings — Registered Community design representing handbags — Earlier design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002 — Obligation to state reasons
Case T-30/14 Laverana v OHIM (BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-77/14 EE v OHIM (Representation of white dots on a grey background)
Community trade mark — Application for a Community figurative mark representing white dots on a grey background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-91/14 and T-92/14 Schniga v CPVO – Brookfield New Zealand and Elaris (Gala Schnitzer)
Plant varieties — Application for a Community plant variety right for the apple variety Gala Schnitzer — Technical examination — Distinctiveness — Test guidelines — Discretion enjoyed by the President of the CPVO
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Judgment of the General Court (Third Chamber) of 10 September 2015 ECLI:EU:T:2015:624 (Appeal: Case before the Court of Justice C-625/15 P) |
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Case T-94/14 EE v OHIM (Representation of white dots on a blue background)
Community trade mark — Application for a Community figurative mark representing white dots on a blue background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-143/14 EE v OHIM (Representation of white dots on a yellow background)
Community trade mark — Application for a Community figurative mark representing white dots on a yellow background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-144/14 EE v OHIM (Representation of white dots on an ivory background)
Community trade mark — Application for a Community figurative mark representing white dots on an ivory background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-321/14 Volkswagen v OHIM (STREET)
Community trade mark — Application for Community word mark STREET — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-453/14 Pannonhalmi Főapátság v Parliament
Action for annulment — Petition addressed to the Parliament concerning ownership of Lónyay castle in Rusovce (Slovak Republic) — Petition declared inadmissible — Obligation to state reasons — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 10 September 2015 ECLI:EU:T:2015:660 (Appeal: Case before the Court of Justice C-607/15 P) |
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Case T-568/14 Laverana v OHIM (BIO FLUIDE DE PLANTE PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO FLUIDE DE PLANTE PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-569/14 Laverana v OHIM (BIO COMPLEXE DE PLANTES ENRICHI EN PROTÉINES PROPRE FABRICATION)
Community trade mark — Application for Community figurative mark BIO COMPLEXE DE PLANTES ENRICHI EN PROTÉINES PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-570/14 Laverana v OHIM (BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG)
Community trade mark — Application for Community figurative mark BIO MIT PFLANZENFLUID AUS EIGENER HERSTELLUNG — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-571/14 Laverana v OHIM (BIO PROTEINREICHER PFLANZENKOMPLEX AUS EIGENER HERSTELLUNG)
Community trade mark — Application for Community figurative mark BIO PROTEINREICHER PFLANZENKOMPLEX AUS EIGENER HERSTELLUNG — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-572/14 Laverana v OHIM (BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA)
Community trade mark — Application for Community figurative mark BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-608/14 Laverana v OHIM (ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION)
Community trade mark — Application for Community figurative mark ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-609/14 Laverana v OHIM (ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION)
Community trade mark — Application for Community figurative mark ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-610/14 Laverana v OHIM (BIO organic)
Community trade mark — Application for Community figurative mark BIO organic — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-420/13 Brouillard v Court of Justice
Public service contracts — Tender procedure — Conclusion of framework contracts — Translation of legal texts into French — Invitation to submit a tender — Exclusion of a proposed subcontractor — Professional capacity — Full legal education requirement — Recognition of professional qualifications — Proportionality — Transparency
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Judgment of the General Court (Ninth Chamber) of 14 September 2015 ECLI:EU:T:2015:633 (Appeal: Case before the Court of Justice C-590/15 P) |
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Case T-678/14 Slovakia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
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Order of the General Court (Third Chamber) of 14 September 2015 ECLI:EU:T:2015:661 (Appeal: Case before the Court of Justice C-593/15 P) |
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Case T-779/14 Slovakia v Commission
Action for annulment — Own resources of the European Union — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
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Order of the General Court (Third Chamber) of 14 September 2015 ECLI:EU:T:2015:655 (Appeal: Case before the Court of Justice C-594/15 P) |
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Case T-784/14 Romania v Commission
Action for annulment — European Union’s own resources — Financial liability of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Amount of default interest — Letter from the Commission — Act not subject to appeal — Inadmissible
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Order of the General Court (Third Chamber) of 14 September 2015 ECLI:EU:T:2015:659 (Appeal: Case before the Court of Justice C-599/15 P) |
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Case T-841/14 Spain v Commission
Action for annulment — Own resources of the European Union — Financial liability of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Amount of default interest — Letter from the Commission — Act not subject to appeal — Inadmissible
Case T-483/12 Nestlé Unternehmungen Deutschland v OHIM – Lotte (Representation of a koala bear)
Community trade mark — Opposition proceedings — Application for the Community figurative mark representing koala bears — Earlier national three-dimensional mark KOALA-BÄREN and earlier national figurative mark KOALA — Genuine use of the mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 15 September 2015 ECLI:EU:T:2015:635 (Appeal: Case before the Court of Justice C-586/15 P) |
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Case T-67/13 Novartis Europharm v Commission
Medicinal products for human use — Marketing authorisation for the generic medicinal product Zoledronic acid Hospira — zoledronic acid — Regulatory data protection period for the reference medicinal products Zometa and Aclasta, containing the active substance zoledronic acid — Directive 2001/83/EC — Regulation (EEC) No 2309/93 and Regulation (EC) No 726/2004 — Global marketing authorisation — Regulatory data protection period
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Judgment of the General Court (Second Chamber) of 15 September 2015 ECLI:EU:T:2015:636 (Appeal: Case before the Court of Justice C-630/15 P) |
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Case T-158/13 Iralco v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment
Case T-578/14 VSM Geneesmiddelen v Commission
Action for failure to act and for annulment — Consumer protection — Health claims relating to food — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing proceedings — No interest in bringing proceedings — Non-actionable measure — Inadmissibility
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Order of the General Court (Eighth Chamber) of 16 September 2015 ECLI:EU:T:2015:715 (Appeal: Case before the Court of Justice C-637/15 P) |
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Case T-619/14 Bionorica v Commission
Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility
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Order of the General Court (Eighth Chamber) of 16 September 2015 ECLI:EU:T:2015:723 (Appeal: Case before the Court of Justice C-596/15 P) |
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Case T-620/14 Diapharm v Commission
Action for failure to act — Consumer protection — Health claims made on foods — Regulation (EC) No 1924/2006 — Botanical substances — Time-limit for bringing an action — No legal interest in bringing proceedings — Act not amenable to review — Inadmissibility
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Order of the General Court (Eighth Chamber) of 16 September 2015 ECLI:EU:T:2015:714 (Appeal: Case before the Court of Justice C-597/15 P) |
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Case T-691/13 Ricoh Belgium v Council
Public service and supply contracts — Tender procedure — Black and white multifunction printers and maintenance services — Rejection of the bid made by a tenderer — Obligation to state reasons — Transparency
Case T-323/14 Bankia v OHIM – Banco ActivoBank (Portugal) (Bankia)
Community trade mark — Opposition proceedings — Application for the Community figurative mark Bankia — Earlier national word mark BANKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-5/13 Iran Liquefied Natural Gas v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Action for annulment — Infra-State body — Locus standi — Interest in bringing proceedings — Admissibility — Error of assessment — Adjustment of the temporal effects of an annulment
Case T-121/13 Oil Pension Fund Investment Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Proportionality — Right to hold property — Adjustment of the temporal effects of an annulment
Joined Cases T-156/13 and T-373/14 Petro Suisse Intertrade v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Infra-State body — Locus standi and interest in bringing proceedings — Admissibility — Right to be heard — Obligation to notify — Obligation to state reasons — Rights of the defence — Manifest error of assessment — Right to property
Case T-387/13 Federación Nacional de Cafeteros de Colombia v OHIM – Hautrive (COLOMBIANO HOUSE)
Community trade mark — Opposition proceedings — Application for Community figurative mark COLOMBIANO HOUSE — Earlier protected geographical indication Café de Colombia — Articles 13 and 14 of Regulation (EC) No 510/2006 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Case T-395/13 Miettinen v Council
Access to documents — Regulation (EC) No 1049/2001 — Opinion of the Council’s legal service concerning proposals for a Directive and a Regulation of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation — Partial refusal of access — Exception relating to protection of legal advice — Exception relating to protection of the decision-making process
Case T-428/13 IOC-UK v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Right to be heard — Obligation to state reasons — Rights of the defence — Manifest error of assessment — Proportionality — Right to property — Equal treatment and non-discrimination
Case T-45/14 HTTS and Bateni v Council
Common foreign and security policy — Restrictive measures adopted against Iran — Freezing of funds — Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to property — Freedom to conduct a business — Right to respect for family life — Proportionality
Case T-359/14 Federación Nacional de Cafeteros de Colombia v OHIM – Accelerate (COLOMBIANO COFFEE HOUSE)
Community trade mark — Invalidity proceedings — Community figurative mark COLOMBIANO COFFEE HOUSE — Earlier protected geographical indication Café de Colombia — Articles 13 and 14 of Regulation (EC) No 510/2006 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009
Case T-436/15 R Consorzio Vivaisti viticoli pugliesi and Negro v Commission
Interim measures — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa — Application for suspension of operation of a measure — Failure to comply with the procedural requirements — Inadmissibility
Case T-437/15 R Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission
Interim measures — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa — Application for suspension of operation of a measure — Failure to comply with the procedural requirements — Inadmissibility
Case T-60/13 Appelrath-Cüpper v OHIM – Ann Christine Lizenzmanagement (AC)
Community trade mark — Opposition proceedings — Application for figurative Community trade mark AC — Earlier figurative national and international trade marks AC ANN CHRISTINE and earlier figurative Community trade marks AC ANN CHRISTINE OCEAN and AC ANN CHRISTINE INTIMATE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-400/13 L'Oréal v OHIM – Cosmetica Cabinas (AINHOA)
Community trade mark — Invalidity proceedings — Community word mark AINHOA — Earlier Community and international figurative marks NOA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-426/13 L'Oréal v OHIM – Cosmetica Cabinas (AINHOA)
Community trade mark — Revocation proceedings — Community word mark AINHOA — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the mark’s distinctive character
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Judgment of the General Court (Seventh Chamber) of 23 September 2015 ECLI:EU:T:2015:669 (Appeal: Case before the Court of Justice C-611/15 P) |
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Case T-633/13 Reed Exhibitions v OHIM (INFOSECURITY)
Community trade mark — Application for Community word mark INFOSECURITY — Absolute ground for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-193/14 Cristiano di Thiene v OHIM – Nautica Apparel (AERONAUTICA)
Community trade mark — Opposition proceedings — Application for Community word mark AERONAUTICA — Earlier Community word marks NAUTICA and NAUTICA BLUE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-206/14 Hüpeden v Council and Commission
Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared invalid by the Court of Justice — Loss allegedly suffered by the applicant as a result of the adoption of the regulation — Action for damages — Exhaustion of remedies under domestic law — Admissibility — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link
Case T-588/14 Mechadyne International v OHIM (FlexValve)
Community trade mark — Application for a Community figurative mark FlexValve — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Rights of the defence — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-557/13 Germany v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure in the context of the European quota system in relation to the production of potato starch — Rights of the defence
Case T-195/14 Primagaz v OHIM – Reeh (PRIMA KLIMA)
Community trade mark — Opposition proceedings — Application for Community figurative mark PRIMA KLIMA — Earlier Community figurative mark PRIMAGAZ — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of goods and services — Similarity of the signs — Distinctive character of a laudatory word element — Conceptual comparison — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-211/14 Klement v OHIM – Bullerjan (Form of an oven)
Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51 (1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
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Judgment of the General Court (Third Chamber) of 24 September 2015 ECLI:EU:T:2015:688 (Appeal: Case before the Court of Justice C-642/15 P) |
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Case T-317/14 Klement v OHIM – Bullerjan (Form of an oven)
Community trade mark — Revocation proceedings — Three-dimensional Community mark — Form of an oven — Genuine use of a mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
Case T-382/14 Rintisch v OHIM – Compagnie laitière européenne (PROTICURD)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark PROTICURD — Earlier national word marks PROTI and PROTIPLUS — Earlier national figurative mark Proti Power — Relative ground for refusal — Admissibility — Article 59 of Regulation (EC) No 207/2009 and Article 8(3) of Regulation (EC) No 216/96 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Genuine use of the earlier marks — Article 42(2) of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-641/14 Dellmeier v OHIM – Dell (LEXDELL)
Community trade mark — Opposition proceedings — Application for the Community word mark LEXDELL — Earlier Community figurative mark DELL — Relative grounds for refusal — Detriment to the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
Case T-209/14 Bopp v OHIM (Representation of a green octagonal frame)
Community trade mark — Application for figurative Community mark representing a green octagonal frame — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 25 September 2015 ECLI:EU:T:2015:701 (Appeal: Case before the Court of Justice C-653/15 P) |
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Case T-366/14 August Storck v OHIM (2good)
Community trade mark — Application for Community word mark 2good — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 25 September 2015 ECLI:EU:T:2015:697 (Appeal: Case before the Court of Justice C-636/15 P) |
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Case T-591/14 BSH v OHIM (PerfectRoast)
Community mark — Application for Community word mark PerfectRoast — Refusal of registration — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-707/14 Grundig Multimedia v OHIM (DetergentOptimiser)
Community trade mark — Application for the Community word mark DetergentOptimiser — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment
Case T-364/13 Mocek and Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna v OHIM – Lacoste (KAJMAN)
Community trade mark — Opposition proceedings — Application for Community figurative mark KAJMAN — Earlier Community figurative mark representing a crocodile — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Applications for annulment and alteration brought by the intervener — Article 134(3) of the Rules of Procedure of 2 May 1991
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Judgment of the General Court (First Chamber) of 30 September 2015 ECLI:EU:T:2015:738 (Appeal: Case before the Court of Justice C-619/15 P) |
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Case T-610/13 Ecolab USA v OHIM (GREASECUTTER)
Community trade mark — International registration designating the European Community — Word mark GREASECUTTER — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-720/13 Gat Microencapsulation v OHIM – BASF (KARIS)
Community trade mark — Opposition proceedings — Application for the Community word mark KARIS — Earlier Community marks and earlier international word mark CARYX — Earlier national marks and earlier Benelux word mark AKRIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 30 September 2015 ECLI:EU:T:2015:735 (Appeal: Case before the Court of Justice C-639/15 P) |
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Case T-369/14 Sequoia Capital Operations v OHIM – Sequoia Capital (SEQUOIA CAPITAL)
Community trade mark — Invalidity proceedings — Community word mark SEQUOIA CAPITAL — Earlier Community word mark SEQUOIA — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T-385/14 Volkswagen v OHIM (ULTIMATE)
Community trade mark — Application for Community word ULTIMATE — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
October 2015
Case T-540/13 Société européenne des chaux et liants v ECHA
Action for annulment — REACH — Imposition of an administrative charge for an error in declaration relating to the size of the undertaking — Rules on languages — Period allowed for commencing proceedings — Inadmissibility
Language of the case: French
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Order of the General Court (Sixth Chamber) of 2 October 2015
ECLI:EU:T:2015:783 |
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Case T-624/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 2 October 2015
ECLI:EU:T:2015:743 (Appeal: Case before the Court of Justice C-673/15 P) |
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Case T-216/12 Technion and Technion Research & Development Foundation v Commission
Financial assistance — Sixth framework programme for research, technological development and demonstration activities — Recovery of sums paid by the Commission in connection with a research contract in line with the conclusions of a financial audit — Set-off of claims — Reclassification in part of the action — Application for a declaration that a contractual claim is non-existent — Arbitration clause — Eligible costs — Unjust enrichment — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (First Chamber) of 6 October 2015
ECLI:EU:T:2015:746 |
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Case T-250/12 Corporación Empresarial de Materiales de Construcción v Commission
Competition — Agreements, decisions and concerted practices — Sodium chlorate market in the EEA — Amending decision reducing the determined duration of participation in the cartel — Calculation of the amount of the fine — Whether time-barred — Article 25 of Regulation No 1/2003
Language of the case: English
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Judgment of the General Court (Second Chamber) of 6 October 2015
ECLI:EU:T:2015:749 |
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Case T-545/14 GEA Group v OHIM (engineering for a better world)
Community trade mark — Application for Community word mark engineering for a better world — Merely confirmatory decision — Final nature of the decision confirmed — Raised by the General Court of its own motion — Inadmissibility
Language of the case: German
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Order of the General Court (Second Chamber) of 6 October 2015
ECLI:EU:T:2015:789 |
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Case T-299/11 European Dynamics Luxembourg and Others v OHIM
Public service contracts — Tendering procedure — Supplies of external service provision for programme and project management and technical consultancy in the field of information technologies — Ranking of a tenderer in the cascade procedure — Award criteria — Equal opportunities — Transparency — Manifest error of assessment — Obligation to state reasons — Non-contractual liability — Loss of an opportunity
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 7 October 2015 (Extracts)
ECLI:EU:T:2015:757 (Appeal: Case before the Court of Justice C-677/15 P) |
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Case T-79/13 Accorinti and Others v ECB
Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of Greek public debt — Bond buy-back scheme — Bond exchange agreement for the sole benefit of the Eurosystem central banks — Involvement of the private sector — Collective action clauses — Credit enhancement in the form of a purchasing programme designed to support the quality of the bonds as collateral — Private creditors — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment — Liability in respect of a lawful legislative act — Unusual and special damage
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber) of 7 October 2015
ECLI:EU:T:2015:756 |
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Joined Cases T-292/14 and T-293/14 Cyprus v OHIM (XAΛΛOYMI and HALLOUMI)
Community trade mark — Applications for Community word marks XAΛΛOYMI and HALLOUMI — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 7 October 2015
ECLI:EU:T:2015:752 |
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Case T-358/13 Italy v Commission
EAFRD — Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAFRD — Decision declaring a certain amount to be non-reusable in connection with the Basilicata Region Rural Development Plan — Article 30 of Regulation (EC) No 1290/2005 — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 8 October 2015
ECLI:EU:T:2015:773 |
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Case T-547/13 Rosian Express v OHIM (Shape of a games box)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a games box — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009
Language of the case: Romanian
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Judgment of the General Court (Eighth Chamber) of 8 October 2015
ECLI:EU:T:2015:769 |
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Case T-403/12 Intrasoft International v Commission
Public service contracts — Tendering procedure — Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system — Conflict of interests — Rejection of a tenderer’s bid by the Delegation of the European Union to the Republic of Serbia — Implicit rejection of the complaint against the rejection of the bid
Language of the case: English
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Judgment of the General Court (Second Chamber) of 13 October 2015
ECLI:EU:T:2015:774 |
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Case T-104/14 P Commission v Verile and Gjergji
Appeal — Cross-appeal — Civil service — Officials — Pensions — Transfer of national pension rights — Proposals concerning additional pensionable years — Act not having an adverse effect — Inadmissibility of the action at first instance — Article 11(2) of Annex VIII to the Staff Regulations — Legal certainty — Legitimate expectations — Equal treatment
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 13 October 2015
ECLI:EU:T:2015:776 |
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Case T-664/13 Petco Animal Supplies Stores v OHIM – Gutiérrez Ariza (PETCO)
Community trade mark — Opposition proceedings — Application for the Community word mark PETCO — Earlier Community figurative mark PETCO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Plea which does not support the form of order sought — Prohibition on ruling ultra petita — Inadmissibility
Language of the case: English
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Judgment of the General Court (Second Chamber) of 21 October 2015
ECLI:EU:T:2015:791 |
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Case T-552/13 Oil Turbo Compressor v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Time-limit for bringing proceedings — Out of time — Inadmissibility — Claim for damages — Inadmissibility
Language of the case: German
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Judgment of the General Court (Second Chamber) of 23 October 2015
ECLI:EU:T:2015:805 |
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Case T-290/14 Portnov v Council
Common Foreign and Security Policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 26 October 2015
ECLI:EU:T:2015:806 |
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Case T-721/14 Belgium v Commission
Action for annulment — Online gambling services — Protection of consumers and players and prevention of minors from gambling online — Commission recommendation — Act not open to challenge — Inadmissibility
Language of the case: Dutch
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Order of the General Court (Second Chamber) of 27 October 2015
ECLI:EU:T:2015:829 (Appeal: Case before the Court of Justice C-16/16 P) |
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Case T-253/12 Hammar Nordic Plugg v Commission
State aid — Sale and leasing of plots of land and a production site — Decision declaring the aid incompatible with the internal market and ordering recovery thereof — Lack of a tendering procedure — Determination of the market price — Private investor test — Effect on trade between Member States
Language of the case: Swedish
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Judgment of the General Court (Seventh Chamber) of 28 October 2015 (Extracts)
ECLI:EU:T:2015:811 |
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Case T-96/13 Rot Front v OHIM – Rakhat (Маска)
Community trade mark — Opposition proceedings — Application for Community figurative mark Маcка — Unregistered earlier national figurative mark Маcка — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Application by OHIM of national law
Language of the case: English
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Judgment of the General Court (First Chamber) of 28 October 2015
ECLI:EU:T:2015:813 |
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Case T-126/13 Direct Way and DW Worldwide v Parliament
Public service contracts — Tendering procedure — Transport for Members of the European Parliament — Decision declaring unsuccessful and closing the tendering procedure and initiating a negotiated procedure — Award of the contract to another tenderer — Equal treatment — Substantial change in the original terms of the contract
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 29 October 2015
ECLI:EU:T:2015:819 |
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Case T-199/14 Vanbreda Risk & Benefits v Commission
Public contracts for services — Tender procedure — Supply of insurance services for property and persons — Rejection of a tender — Award of the contract to another tenderer — Equal treatment — Sufficiently serious infringement of a rule of law conferring rights on individuals — Non-contractual liability — Loss of an opportunity — Interim judgment
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 29 October 2015
ECLI:EU:T:2015:820 |
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Information (on unpublished decisions)
Case T-625/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling collection de lingerie)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling collection de lingerie — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 2 October 2015 ECLI:EU:T:2015:742 (Appeal: Case before the Court of Justice C-674/15 P) |
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Case T-626/13 The Tea Board v OHIM – Delta Lingerie (DARJEELING collection de lingerie)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling collection de lingerie — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 2 October 2015 ECLI:EU:T:2015:741 (Appeal: Case before the Court of Justice C-675/15 P) |
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Case T-627/13 The Tea Board v OHIM – Delta Lingerie (Darjeeling)
Community trade mark — Opposition proceedings — Figurative mark Darjeeling — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 2 October 2015 ECLI:EU:T:2015:740 (Appeal: Case before the Court of Justice C-676/15 P) |
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Case T-38/14 Kafetzakis and Others v Parliament and Others
Application for failure to act and for damages — Restructuring of Greek public debt — Involvement of the private sector — Harm resulting from the reduction of bonds provided as a redundancy payment — Statements of heads of State or governments of the Euro zone and of EU institutions — Statement of the Eurogroup — Causal link with the alleged harm not substantiated — Inadmissibility
Case T-350/14 Arvanitis and Déligéorgi v Parliament and Others
Application for failure to act and for damages — Winding up of Olympiaki Aeroporia (OA) — Harm allegedly suffered by the temporary staff of OA due to the failure of the defendants to ensure the application of EU law upon redundancy — Causal link between the alleged harm and the defendants’ conduct not substantiated — Inadmissibility
Case T-413/14 Grigoriadis and Others v Parliament and Others
Action for failure to act and for damages — Restructuring of the Greek public debt — Involvement of the private sector — Loss consisting in the reduction of sums owed — Statements by the Heads of State or Government of the euro area and the EU institutions — Eurogroup statement — Failure to specify the causal link with the loss pleaded — Inadmissibility
Case T-275/12 FC Dynamo-Minsk v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Action for annulment — Period allowed for modifying the form of order sought — Partial inadmissibility — Entity owned or controlled by a person or entity subject to the restrictive measures — Obligation to state reasons — Error of assessment
Case T-276/12 Chyzh and Others v Council
Common foreign and security policy — Restrictive measures adopted against Belarus — Freezing of funds — Action for annulment — Period allowed for modifying the form of order sought — Partial inadmissibility — Entity owned or controlled by a person or entity subject to the restrictive measures — Obligation to state reasons — Error of assessment
Case T-61/14 Monster Energy v OHIM – Balaguer (icexpresso + energy coffee)
Community trade mark — Opposition proceedings — Application for the figurative Community trade mark icexpresso + energy coffee — Earlier Community word marks X-PRESSO MONSTER, HAMMER M X-PRESSO MONSTER ESPRESSO + ENERGY and MIDNIGHT M X-PRESSO MONSTER ESPRESSO + ENERGY — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-534/13 Panrico v OHIM – HDN Development (Krispy Kreme DOUGHNUTS)
Community trade mark — Invalidity proceedings — Community figurative mark Krispy Kreme DOUGHNUTS — Earlier national and international word and figurative marks DONUT, DOGHNUTS, donuts and donuts cream — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Likelihood of profit derived unduly from the distinctive character or reputation — Risk of detriment — Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009)
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Judgment of the General Court (Fourth Chamber) of 7 October 2015 ECLI:EU:T:2015:751 (Appeal: Case before the Court of Justice C-655/15 P) |
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Case T-656/13 The Smiley Company v OHIM (Shape of a smiley with heart-shaped eyes)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a smiley with heart-shaped eyes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-689/13 Bilbaína de Alquitranes and Others v Commission
Environment and protection of human health — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Regulation (EC) No 1907/2006 and Regulation (EC) No 1272/2008 — Manifest error of assessment — Classification of a substance on the basis of its constituents
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Judgment of the General Court (Fifth Chamber) of 7 October 2015 ECLI:EU:T:2015:767 (Appeal: Case before the Court of Justice C-691/15 P) |
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Case T-49/14 Zentralverband des Deutschen Bäckerhandwerks v Commission
Protected geographical indication — ‘Kołocz śląskiʼ or ʽKołacz śląski’ — Cancellation proceedings — Legal base — Regulation (EC) No 510/2006 — Regulation (EU) No 1151/2012 — Grounds for cancellation — Fundamental rights
Case T-186/14 Atlantic Multipower Germany v OHIM – Nutrichem Diät + Pharma (NOxtreme)
Community trade mark — Invalidity proceedings — Community word mark NOxtreme — Earlier Community and national figurative marks X-TREME — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation No 207/2009 — Article 15(2) of Regulation No 207/2009
Case T-187/14 Sonova Holding v OHIM (FLEX)
Community trade mark — Community word mark FLEX — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009
Case T-227/14 CBM v OHIM – Aeronautica Militare (Trecolore)
Community trade mark — Opposition proceedings — Application for Community word mark Trecolore — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-228/14 CBM v OHIM – Aeronautica Militare (TRECOLORE)
Community trade mark — Opposition proceedings — Application for Community figurative mark TRECOLORE — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-242/14 The Smiley Company v OHIM (Shape of a face with horns)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face with horns — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-243/14 The Smiley Company v OHIM (Shape of a face)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-244/14 The Smiley Company v OHIM (Shape of a face in the form of a star)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a face in the form of a star — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-365/14 CBM v OHIM – Aeronautica Militare (TRECOLORE)
Community trade mark — Opposition proceedings — Application for Community figurative mark TRECOLORE — Earlier Community and national word and figurative marks FRECCE TRICOLORI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-642/14 JP Divver Holding Company v OHIM (EQUIPMENT FOR LIFE)
Community trade mark — International registration designating the European Community — Word mark EQUIPMENT FOR LIFE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-658/14 Jurašinović v Council
Access to documents — Regulation (EC) No 1049/2001 — Documents exchange with the International Criminal Tribunal for the former-Yugoslavia in the course of legal proceedings — Decision taken following the partial annulment by the Tribunal of the initial decision — Partial refusal of access — Exception relating to the protection of international relations
Cases T-659/13 and T-660/13 Czech Republic v Commission
Transport — Directive 2010/40/EU — Intelligent Transport Systems — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013
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Judgment of the General Court (Seventh Chamber) of 8 October 2015 ECLI:EU:T:2015:771 (Appeal: Case before the Court of Justice C-696/15 P) |
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Case T-78/14 Benediktinerabtei St. Bonifaz v OHIM – Andechser Molkerei Scheitz (Genuß für Leib & Seele KLOSTER Andechs SEIT 1455)
Community trade mark — Opposition proceedings — Application for Community figurative mark Genuß für Leib & Seele KLOSTER Andechs SEIT 1455 — Earlier Community figurative mark SEIT 1908 ANDECHSER NATUR and earlier national figurative mark ANDECHSER NATUR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-90/14 Secolux v Commission
Public service contracts — Tendering procedure — Safety checks — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Non-contractual liability
Case T-336/14 Société des produits Nestlé v OHIM (NOURISHING PERSONAL HEALTH)
Community trade mark — International registration designating the European Community — Word mark NOURISHING PERSONAL HEALTH — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Obligation on OHIM to examine the facts of its own motion — Article 76(1) of Regulation No 207/2009
Case T-731/14 Agrotikos Synetairismos Profitis Ilias v Council
Action for annulment — Common Foreign and Security Policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Lack of direct concern — Inadmissibility
Case T-642/13 Wolverine International v OHIM – BH Stores (cushe)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Figurative mark cushe — Earlier national word mark SHE and figurative mark she — Relative ground for refusal — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-251/14 Promarc Technics v OHIM – PIS (Part of door)
Community design — Invalidity proceedings — Registered Community design representing part of a door — Earlier international design consisting of an American patent — Ground of invalidity — No individual character — No different overall impression — Evidence that the earlier design was made available to the public — Circles specialised in the sector concerned — Informed user — Degree of freedom of the designer — Article 6, Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-482/15 R Ahrend Furniture v Commission
Interim measures — Public procurement — Call for tenders — Provision of furniture — Rejection of a tenderer’s bid and award of the contract to another tenderer — Application for interim measures — Prima facie case not made out
Case T-309/13 Enosi Mastichoparagogon v OHIM – Gaba International (ELMA)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ELMA — Earlier Community word mark ELMEX — Refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-431/14 Volkswagen v OHIM (CHOICE)
Community trade mark — Application for Community word mark CHOICE — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-470/14 Hewlett Packard Development Company v OHIM (ELITEPAD)
Community trade mark — Application for Community word mark ELITEPAD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-563/14 Hewlett Packard Development Company v OHIM (ELITEDISPLAY)
Community trade mark — Application for Community word mark ELITEDISPLAY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-597/13 Calida v OHIM – Quanzhou Green Garments (dadida)
Community trade mark — International registration designating the European Community — Figurative mark dadida — Earlier Community word mark CALIDA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-636/13 TrekStor v OHIM – MSI Technology (MovieStation)
Community trade mark — Invalidity proceedings — Community word mark MovieStation — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52 of Regulation No 207/2009
Case T-649/13 TrekStor v OHIM (SmartTV Station)
Community trade mark — Application for Community word mark SmartTV Station — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 7(3) of Regulation No 207/2009
Case T-96/14 Vimeo v OHIM – PT Comunicações (VIMEO)
Community trade mark — Opposition proceedings — Application for Community word mark VIMEO — Earlier Community figurative mark meo — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — No coexistence of the marks — Likelihood of confusion
Case T-137/14 I Castellani v OHIM – Chomarat (Representation of a circle)
Community trade mark — Revocation procedure — Figurative mark representing a circle — Genuine use of a mark — Extent of use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape which differs by elements which do not alter the distinctive character of the mark — Rights of the defence — Article 75 of Regulation No 207/2009
Case T-264/14 Hansen v OHIM (WIN365)
Community trade mark — Application for Community word mark WIN365 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-714/14 Bonney v OHIM – Bruno (ATHEIST)
Community trade mark — Opposition proceedings — Application for the Community word mark ATHEIST — Earlier national word mark athé — Relative ground for refusal — Article 8(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-822/14 Geilenkothen Fabrik für Schutzkleidung v OHIM (Cottonfeel)
Community trade mark — Application for Community word mark Cottonfeel — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-134/11 Al-Faqih and Others v Commission
Common foreign and security policy — Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Freezing of funds — Fundamental rights — Right to effective judicial protection
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Judgment of the General Court (Seventh Chamber) of 28 October 2015 ECLI:EU:T:2015:812 (Appeal: Case before the Court of Justice C-19/16 P) |
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Case T-576/13 Verus v OHIM – Joie International (MIRUS)
Community trade mark — Opposition proceedings — Application for Community word mark MIRUS — Earlier national word mark MIRUS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-736/14 Monster Energy v OHIM – Home Focus (MoMo Monsters)
Community trade mark — Opposition proceedings — Application for the Community word mark MoMo Monsters — Earlier Community word marks MONSTER and MONSTER ENERGY and earlier international figurative mark MONSTER ENERGY — Relative ground for refusal — No similarity between the goods — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-110/13 Lithuania v Commission
Community assistance programme for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe (SAPARD) — Financing by the European Union of certain expenditure incurred by Lithuania — Commission decision requiring Lithuania to reimburse part of the amount paid — Article 9(1) of Regulation (EC) No 1268/1999 — Reference to the principles established by Regulation (EC) No 1258/1999 — Scope of the multiannual financing agreement concerning the SAPARD programme — Sincere cooperation
Case T-517/13 Éditions Quo Vadis v OHIM – Gómez Hernández ("QUO VADIS")
Community trade mark — Opposition proceedings — Application for the Community word mark ‘QUO VADIS’ — Earlier national word mark QUO VADIS — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-21/14 NetMed v OHIM – Sander chemisch-pharmazeutische Fabrik (SANDTER 1953)
Community trade mark — Opposition proceedings — Application for Community word mark SANDTER 1953 — Earlier national word mark Sander — Relative ground for refusal — Partial refusal of registration — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-256/14 Giuntoli v OHIM – Société des produits Nestlé (CREMERIA TOSCANA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark CREMERIA TOSCANA — Earlier international figurative mark la Cremeria — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-334/14 Roca Sanitario v OHIM – Villeroy & Boch (Single control handle faucet)
Community design — Invalidity proceedings — Registered Community design representing a single control handle faucet — Earlier Community design — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — No scope for innovation — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
November 2015
Case T-544/13 Dyson v Commission
Directive 2010/30/EU — Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products — Delegated Regulation (EU) No 665/2013 — Competence of the Commission — Equal treatment — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 11 November 2015
ECLI:EU:T:2015:836 (Appeal: Case before the Court of Justice C-44/16 P) |
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Case T-499/12 HSH Investment Holdings Coinvest-C and HSH Investment Holdings FSO v Commission
State aid — Banking sector — Restructuring of HSH Nordbank — Decision declaring the aid compatible with the internal market on certain conditions — Action for annulment — Lack of individual concern — Minority shareholder of the aid beneficiary — Concept of a separate interest — Partial inadmissibility — Capital dilution
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 12 November 2015
ECLI:EU:T:2015:840 |
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Joined Cases T-424/14 and T-425/14 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Draft impact assessment report, impact assessment report and opinion of the Impact Assessment Board — Refusal to grant access — Exception relating to the protection of the decision-making process — Duty to state reasons — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: English
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Judgment of the General Court (Second Chamber) of 13 November 2015
ECLI:EU:T:2015:848 (Appeal: Case before the Court of Justice C-57/16 P) |
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Case T-73/12 Einhell Germany and Others v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Language of the case: English
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Judgment of the General Court (First Chamber) of 18 November 2015
ECLI:EU:T:2015:865 |
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Case T-74/12 Mecafer v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Language of the case: English
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Judgment of the General Court (First Chamber) of 18 November 2015
ECLI:EU:T:2015:864 |
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Case T-106/13 Synergy Hellas v Commission
Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities — Early termination of contracts — Legitimate expectations — Proportionality — Good faith — Non-contractual liability — Reclassification of the action — Coexisting applications to establish contractual and non-contractual liability — Early warning system (EWS) — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link
Language of the case: Greek
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Judgment of the General Court (Fourth Chamber) of 18 November 2015 (Extracts)
ECLI:EU:T:2015:860 (Appeal: Case before the Court of Justice C-45/16 P) |
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Case T-361/13 Menelaus v OHIM – Garcia Mahiques (VIGOR)
Community trade mark — Invalidity proceedings — Community word mark VIGOR — Earlier Community figurative mark and earlier international figurative mark VIGAR — Admissibility of evidence of use submitted on a CD-ROM — Taking into account of additional evidence which was not submitted within the time-limit set — Genuine use of the earlier marks — Articles 15 and 57(2) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 18 November 2015 (Extracts)
ECLI:EU:T:2015:859 |
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Case T-508/13 Government of Malaysia v OHIM – Vergamini (HALAL MALAYSIA)
Community trade mark — Opposition proceedings — Application for Community figurative mark HALAL MALAYSIA — Earlier non-registered figurative mark HALAL MALAYSIA — Relative ground for refusal — No rights to the earlier sign acquired pursuant to the law of the Member State before the date of the filing of the Community trade mark application — Article 8(4) of Regulation (EC) No 207/2009 — Use of the earlier mark as a certification mark — Action for passing off — Absence of goodwill
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 18 November 2015
ECLI:EU:T:2015:861 |
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Case T-659/14 Instituto dos Vinhos do Douro e do Porto v OHIM – Bruichladdich Distillery (PORT CHARLOTTE)
Community trade mark — Invalidity proceedings — Community word mark PORT CHARLOTTE — Earlier designations of origin ‘porto’ and ‘port’ — Grounds for invalidity — Article 52(1)(a), Article 53(1)(c) and (2)(d) of Regulation (EC) No 207/2009 — Article 7(1)(c) and (g) and (2) of Regulation No 207/2009 — Article 8(4) of Regulation No 207/2009 — Article 118m(2) of Regulation (EC) No 491/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 18 November 2015
ECLI:EU:T:2015:863 (Appeal: Case before the Court of Justice C-56/16 P) |
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Case T-640/14 Beul v Parliament and Council
Action for annulment — Functioning of financial markets — Regulation (EU) No 537/2014 — Legislative act — Applicant not individually concerned — Inadmissibility
Language of the case: German
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Order of the General Court (Ninth Chamber) of 23 November 2015
ECLI:EU:T:2015:907 (Appeal: Case before the Court of Justice C-53/16 P) |
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Case T-670/14 Milchindustrie-Verband and Deutscher Raiffeisenverband v Commission
Action for annulment — Guidelines on State aid for environmental protection and energy 2014-2020 — Association — No direct effect on members — Inadmissibility
Language of the case: German
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Order of the General Court (First Chamber) of 23 November 2015
ECLI:EU:T:2015:906 |
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Case T-278/10 RENV riha WeserGold Getränke v OHIM - Lidl Stiftung (WESTERN GOLD)
Community trade mark — Opposition proceedings — Application for Community word mark WESTERN GOLD — Earlier national, Community and international word marks WeserGold, Wesergold and WESERGOLD — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision on the appeal — Article 64(1) of Regulation No 207/2009 — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009
Language of the case: German
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Judgment of the General Court (Second Chamber) of 24 November 2015
ECLI:EU:T:2015:876 |
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Case T-126/14 Netherlands v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Financial correction applied in respect of the non-reporting of interest — Obligation to state reasons — Obligation to account for interest — Article 32(5) of Regulation (EC) No 1290/2005 — Principle of equivalence — Obligation of due care
Language of the case: Dutch
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Judgment of the General Court (Second Chamber) of 24 November 2015
ECLI:EU:T:2015:875 |
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Case T-461/13 Spain v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas in Spain — Decision declaring the aid compatible in part and incompatible in part with the internal market — Concept of an ‘undertaking’ — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — Duty of diligence — Reasonable time — Legal certainty — Equal treatment — Proportionality — Subsidiarity — Right to receive information
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 26 November 2015
ECLI:EU:T:2015:891 (Appeal: Case before the Court of Justice C-81/16 P) |
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Case T-462/13 Comunidad Autónoma del País Vasco and Itelazpi v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas in Spain — Decision declaring the aid compatible in part and incompatible in part with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 26 November 2015
ECLI:EU:T:2015:902 (Appeal: Case before the Court of Justice C-66/16 P) |
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Information (on unpublished decisions)
Case T-187/15 Compagnia Trasporti Pubblici and Others v Commission
State aid — Undertaking operating a network of bus connections in the Region of Campania — Compensation for the public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato — Commission decision declaring the measure incompatible with the internal market — Action brought by undertakings in a situation analogous to that of the aid recipient
Case T-188/15 Compagnia Trasporti Pubblici and Others v Commission
State aid — Undertaking operating bus route networks in the Campania Region — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato — Commission declaring the measure incompatible with the internal market — Action brought by undertakings in a similar situation to that of the aid beneficiary
Case T-321/15 GSA and SGI v Parliament
Public service contracts — Tendering procedure — Supply of fire security, assistance to persons and external surveillance at the European Parliament’s site — Rejection of a tenderer’s bid — Obligation to produce prior authorisation issued pursuant to national legislation — Proportionality — Equal Treatment — Principle of openness — Freedom to provide services
Case T-550/13 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Reasonable period — Absence of key controls — Extrapolation of the findings of default
Case T-253/13 Orthogen v OHIM – Arthrex (IRAP)
Community trade mark — Invalidity proceedings — Community word mark IRAP — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-255/13 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Flat rate financial corrections — Direct payments — Conditionality — Aid for the processing of citrus fruit — Conditions for accreditation of a paying agency
Case T-449/13 CEDC International v OHIM – Fabryka Wódek Polmos Łańcut (WISENT)
Community trade mark — Invalidity proceedings — Community figurative mark WISENT — Earlier national three-dimensional mark ŹUBRÓWKA — Relative grounds for refusal — Similarity of the marks — Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-450/13 CEDC International v OHIM – Fabryka Wódek Polmos Łańcut (WISENT VODKA)
Community trade mark — Opposition proceedings — Application for Community figurative mark WISENT VODKA — Earlier national three-dimensional mark ŹUBRÓWKA — Relative grounds for refusal — Similarity of the marks — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009
Case T-544/14 Société des produits Nestlé v OHIM – Terapia (ALETE)
Community trade mark — Opposition proceedings — Application for Community word mark ALETE — Earlier national word mark ALETA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95
Case T-75/12 Nu Air Polska v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Case T-76/12 Nu Air Compressors and Tools v Commission
Dumping — Imports of certain compressors originating in China — Partial refusal to refund the anti-dumping duties paid — Determination of the export price — Deduction of anti-dumping duties — Adjustment of the temporal effects of an annulment
Case T-606/13 Mustang v OHIM – Dubek (Mustang)
Community trade mark — Opposition proceedings — Application for Community figurative mark Mustang — Earlier national word and figurative marks MUSTANG — No risk of detriment to the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009
Case T-558/14 Research Engineering & Manufacturing v OHIM – Nedschroef Holding (TRILOBULAR)
Community trade mark — Invalidity proceedings — Community word mark TRILOBULAR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-813/14 Liu v OHIM – DSN Marketing (Case for a portable computer)
Community design — Invalidity proceedings — Registered Community design representing a case for a portable computer — Identical earlier designs — Ground for invalidity — Lack of novelty within the meaning of Article 5(1) of Regulation (EC) No 6/2002 — Disclosure of earlier designs prior to the priority date — Article 7(1) and (2) of Regulation No 6/2002
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Judgment of the General Court (Third Chamber) of 18 November 2015 ECLI:EU:T:2015:868 (Appeal: Case before the Court of Justice C-41/16 P) |
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Case T-107/14 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Single payment entitlements scheme — National reserve — Allocation criteria — Risk to the Fund — Conditionality
Case T-526/14 Matratzen Concord v OHIM – Barranco Rodriguez and Barranco Schnitzler (Matratzen Concord)
Community trade mark — Opposition proceedings — Application for registration of the Community word mark Matratzen Concord — Earlier national word marks MATRATZEN — Relative ground of refusal — Proof of use — Likelihood of confusion — Article 8(1)(b) and Article 42(2) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 19 November 2015 ECLI:EU:T:2015:869 (Appeal: Case before the Court of Justice C-35/16 P) |
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Case T-539/14 North Drilling v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Error of assessment — Temporal adjustment of the effects of an annulment
Case T-202/15 Zitro IP v OHIM (WORLD OF BINGO)
Community trade mark — Application for the Community figurative mark WORLD OF BINGO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-203/15 Zitro IP v OHIM (WORLD OF BINGO)
Community trade mark — Application for the Community word mark WORLD OF BINGO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-694/14 EREF v Commission
Action for annulment — Guidelines on State aid for environmental protection and energy 2014-2020 — Association — Members not directly concerned — Inadmissibility
Case T-766/14 Actega Terra v OHIM – Heidelberger Druckmaschinen (FoodSafe)
Community trade mark — Invalidity proceedings — Community word mark FoodSafe — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 23 November 2015 ECLI:EU:T:2015:913 (Appeal: Case before the Court of Justice C-63/16 P) |
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Case T-118/15 Slovenia v Commission
Action for annulment — EAGGF — Guarantee Section — EAGF and EAFRD — Time-limit for bringing an action — Starting point — Out of time — Inadmissibility
Case T-163/15 Delta Group agroalimentare v Commission
Action for annulment — Italian market in poultrymeat — Exceptional support measures to resolve specific problems concerning the poultrymeat sector in Italy — Export refunds for poultrymeat destined for certain African countries — Rejection of the applicant’s request for exceptional measures — Act not open to challenge — Inadmissibility
Case T-190/15 Intervog v OHIM (meet me)
Community trade mark — Application for Community figurative mark meet me — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-223/14 Ewald Dörken v OHIM – Schürmann (VENT ROLL)
Community trade mark — Invalidity proceedings — Community word mark VENT ROLL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-248/14 Masafi v OHIM – Hd1 (JUICE masafi)
Community trade mark — Opposition proceedings — Application for Community figurative mark JUICE masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-249/14 Masafi v OHIM – Hd1 (masafi)
Community trade mark — Opposition proceedings — Application for Community figurative mark masafi — Earlier national word mark masafi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-320/14 Sephora v OHIM – Mayfield Trading (Representation of two undulating vertical lines)
Community trade mark — Opposition proceedings — Application for Community figurative mark representing two undulating vertical lines — National and international figurative marks representing an undulating vertical line — Absolute ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-520/14 bd breyton-design v OHIM (RACE GTP)
Community trade mark — Application for Community word mark RACE GTP — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-629/14 Jaguar Land Rover v OHIM (Shape of a car)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of a car — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-763/14 Soprema v OHIM – Sopro Bauchemie (SOPRAPUR)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark SOPRAPUR — Prior Community word mark Sopro — Relative ground for refusal — Similarity of the goods and the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-159/13 and T-372/14 HK Intertrade v Council
Common foreign and security policy — Restrictive measures against Iran with a view to preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Point from which time starts to run — Admissibility — Right to be heard — Obligation to notify — Obligation to state reasons — Rights of defence — Manifest error of assessment
Case T-425/13 Giant (China) v Council
Dumping — Imports of bicycles originating in China — Interim review — Article 9(5) and Article 18 of Regulation (EC) No 1225/2009 — Individual treatment — Non-cooperation — Necessary information — Facts available — Related companies — Circumvention
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Judgment of the General Court (Seventh Chamber) of 26 November 2015 ECLI:EU:T:2015:896 (Appeal: Case before the Court of Justice C-61/16 P) |
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Joined Cases T-463/13 and T-464/13 Comunidad Autónoma de Galicia and Retegal v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Concept of undertaking — Economic activity — Advantage — Service of general economic interest — Selective nature — Article 107(3)(c) TFEU — Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 26 November 2015 ECLI:EU:T:2015:901 (Appeal: Case before the Court of Justice C-70/16 P) |
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Case T-465/13 Comunidad Autónoma de Cataluña and CTTI v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid
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Judgment of the General Court (Fifth Chamber) of 26 November 2015 ECLI:EU:T:2015:900 (Appeal: Case before the Court of Justice C-67/16 P) |
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Case T-487/13 Navarra de Servicios y Tecnologías v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — State resources — Economic activity — Advantage — Effect on trade between Member States and distortion of competition — Service of general economic interest — Article 107(3)(c) TFEU — Misuse of power
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Judgment of the General Court (Fifth Chamber) of 26 November 2015 ECLI:EU:T:2015:899 (Appeal: Case before the Court of Justice C-68/16 P) |
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Case T-541/13 Abertis Telecom and Retevisión I v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain — Decision declaring aid to be partly compatible and partly incompatible with the internal market — Advantage — Service of general economic interest — Article 107(3)(c) TFEU — New aid — Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 26 November 2015 ECLI:EU:T:2015:898 (Appeal: Case before the Court of Justice C-69/16 P) |
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Case T-50/14 Demp v OHIM (TURBO DRILL)
Community trade mark — Application for Community word mark TURBO DRILL — Ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-181/14 Nürburgring v OHIM – Biedermann (Nordschleife)
Community trade mark — Opposition proceedings — Application for Community word mark Nordschleife — Earlier Community word mark Management by Nordschleife — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-262/14 Bionecs v OHIM – Fidia farmaceutici (BIONECS)
Community trade mark — Opposition proceedings — Application for Community word mark BIONECS — Earlier international word mark BIONECT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-371/14 NICO v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment
Case T-390/14 Établissement Amra v OHIM (KJ KANGOO JUMPS XR)
Community trade mark — Application for Community trade mark KJ Kangoo Jumps XR — Absolute ground for refusal — Devoid of any distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-404/14 Junited Autoglas Deutschland v OHIM – United Vehicles (UNITED VEHICLEs)
Community trade mark — Opposition proceedings — Application for Community word mark UNITED VEHICLEs — Earlier Community word mark Junited — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-561/14 One of Us and Others v Parliament and Others
Law governing the institutions — European Citizens’ Initiative — Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 — Period allowed for commencing proceedings — Partial inadmissibility
Case T-636/14 Italy v Commission
Language regime — Vacancy notice for a post of director of the Translation Centre for the Bodies of the European Union — Language requirements in the module for the online submission of applications — Alleged divergence with the vacancy notice published in the Official Journal — Action manifestly lacking any foundation in law
Case T-809/14 Italy v Commission
Action for annulment — Language regime — Vacancy notice for the post of Director of the Translation Centre for bodies of the European Union — Linguistic requirements in the on-line presentation module for candidates — Alleged discrepancy with the vacancy notice published in the Official Journal — Letter sent by the Commission following the closure of the application procedure — Inadmissible
Case T-718/14 Hong Kong Group v OHIM – WE Brand (W E)
Community trade mark — Opposition proceedings — Application for a Community figurative mark W E — Earlier Community word mark WE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-845/14 August Brötje v OHIM (HydroComfort)
Community trade mark — Application for the Community word mark HydroComfort — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
December 2015
Case T-343/13 CN v Parliament
Non-contractual liability — Petition addressed to the Parliament — Dissemination of certain personal data on the Parliament’s website — Absence of a sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 3 December 2015
ECLI:EU:T:2015:926 |
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Case T-233/11 Greece and Ellinikos Chrysos v Commission
State aid — Mining sector — Aid granted by the Greek authorities to the mining company Ellinikos Chrysos — Contract for the transfer of a mining operation at a price below the real market value and exemption from taxes on that transaction — Decision declaring the aid measures unlawful and ordering recovery of the aid — Concept of advantage — Private investor test
Language of the case: Greek
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Judgment of the General Court (Fourth Chamber) of 9 December 2015
ECLI:EU:T:2015:948 (Appeal: Case before the Court of Justice C-100/16 P) |
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Case T-512/12 Front Polisario v Council
External relations — Agreement in the form of an Exchange of Letters between the European Union and Morocco — Reciprocal liberalisation of agricultural products, processed agricultural products, fish and fishery products — Application of the agreement to Western Sahara — Polisario Front — Action for annulment — Capacity to bring legal proceedings — Direct and individual concern — Admissibility — Conformity with international law — Obligation to state reasons — Rights of defence
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 10 December 2015
ECLI:EU:T:2015:953 (Appeal: Case before the Court of Justice C-104/16 P) |
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Case T-124/14 Finland v Commission
EAFRD — Expenditure excluded from the financing — Rural development — One-off financial correction — Eligibility of expenditure incurred for the purchase of second-hand machinery and equipment — Derogation for micro, small and medium-sized enterprises — Article 55(1) of Regulation (EC) No 1974/2006
Language of the case: Finnish
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Judgment of the General Court (Fourth Chamber) of 11 December 2015
ECLI:EU:T:2015:955 |
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Case T-83/14 LTJ Diffusion v OHIM – Arthur et Aston (ARTHUR & ASTON)
Community trade mark — Opposition proceedings — Application for the word mark ARTHUR & ASTON — Earlier national figurative mark Arthur — No genuine use of the mark — Article 15(1)(a) of Regulation (EC) No 207/2009 — Form differing in elements which alter the distinctive character of the mark
Language of the case: French
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Judgment of the General Court (First Chamber) of 15 December 2015
ECLI:EU:T:2015:974 (Appeal: Case before the Court of Justice C-94/16 P) |
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Case T-522/15 R CCPL and Others v Commission
Application for interim measures — Competition — Cartels — Retail food packaging — Decision imposing fines — Bank guarantee — Application for suspension of operation — Prima facie case — Urgency — Balance of interests
Language of the case: Italian
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Order of the President of the General Court of 15 December 2015 (Extracts)
ECLI:EU:T:2015:1012 |
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Case T-67/11 Martinair Holland v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber) of 16 December 2015
ECLI:EU:T:2015:984 |
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Case T-241/13 Greece v Commission
EAGGF — Guarantee Section — EAGGF and EAFRD — Expenditure excluded from financing — Beef and veal — Sheepmeat and goatmeat — Tobacco — Article 69 of Regulation (EC) No 1782/2003 — Article 31(2) of Regulation (EC) No 1290/2005 — Article 23(1) of Regulation (EC) No 796/2004
Language of the case: Greek
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Judgment of the General Court (Sixth Chamber) of 16 December 2015
ECLI:EU:T:2015:982 |
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Case T-138/14 Chart v EEAS
Non-contractual liability — Local agent employed by the European Union delegation in Egypt — Termination of contract — Failure of the delegation to provide to the Egyptian social security institution the termination of service certificate in respect of the agent and subsequently to remedy the irregularity in her situation in that regard — Limitation period — Continuous damage — Partial inadmissibility — Principle of sound administration — Reasonable time — Article 41 of the Charter of Fundamental Rights — Sufficiently serious breach of a legal rule conferring rights on individuals — Certain loss — Causal link
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 16 December 2015
ECLI:EU:T:2015:981 |
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Case T-486/11 Orange Polska v Commission
Competition — Abuse of dominant position — Polish telecommunications market — Decision establishing an infringement of Article 102 TFEU — Conditions imposed by the incumbent operator for allowing paid access for new operators to the network and to wholesale broadband access services — Legitimate interest in finding that an infringement was committed — Fines — Obligation to state reasons — Gravity of the infringement — Mitigating circumstances — Proportionality — Unlimited jurisdiction — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 17 December 2015
ECLI:EU:T:2015:1002 (Appeal: Case before the Court of Justice C-123/16 P) |
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Case T-242/12 SNCF v Commission
State aid — Aid measures implemented by France in favour of Sernam SCS — Aid measures for restructuring and recapitalising, guarantees and debt write-off by SNCF in favour of Sernam — Decision declaring the aid measures incompatible with the internal market — Misuse of aid — Recovery — Economic continuity — Private investor criterion
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 17 December 2015
ECLI:EU:T:2015:1003 (Appeal: Case before the Court of Justice C-127/16 P) |
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Cases T-515/13 and T-719/13 Spain and Others v Commission
State aid — Shipbuilding — Tax provisions applicable to certain agreements put in place for the financing and acquisition of vessels — Decision declaring the aid incompatible in part with the internal market and ordering its partial recovery — Actions for annulment — Individual concern — Admissibility — Advantage — Selectivity — Effect on trade between Member States — Adverse effect on competition — Obligation to state reasons
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber) of 17 December 2015
ECLI:EU:T:2015:1004 (Appeal: Case before the Court of Justice C-128/16 P) |
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Information (on unpublished decisions)
Case T-814/14 Banco Espírito Santo v Commission
Action for annulment — State aid — Aid to the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA — Creation of a bridge bank — Decision not to raise objections — Commitments made by the Portuguese authorities — Monitoring of compliance with their commitments by a trustee — Payment of the trustee by the bad bank — Application for partial annulment — Inadmissible
Case T-414/13 Tsujimoto v OHIM – Kenzo (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 2 December 2015 ECLI:EU:T:2015:923 (Appeal: Case before the Court of Justice C-85/16 P) |
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Case T-522/13 Tsujimoto v OHIM – Kenzo (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Belated submission of documents — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 — Partial refusal of registration
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Judgment of the General Court (First Chamber) of 2 December 2015 ECLI:EU:T:2015:922 (Appeal: Case before the Court of Justice C-86/16 P) |
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Case T-528/13 Kenzo v OHIM – Tsujimoto (KENZO ESTATE)
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Partial rejection of the opposition
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Judgment of the General Court (First Chamber) of 2 December 2015 ECLI:EU:T:2015:921 (Appeal: Case before the Court of Justice C-87/16 P) |
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Case T-553/13 European Dynamics Luxembourg and Evropaïki Dynamiki v Joint undertaking Fusion for Energy
Public service contracts — Tendering procedure — Supply of IT services, consulting, software development, Internet and support — Rejection of the tender of one tenderer and award of the contracts to other tenderers — Non-contractual liability
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Judgment of the General Court (Fourth Chamber) of 2 December 2015 ECLI:EU:T:2015:918 (Appeal: Case before the Court of Justice C-88/16 P) |
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Case T-528/14 Information Resources v OHIM (Growth Delivered)
Community trade mark — Application for Community word mark Growth Delivered — Mark consisting of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-529/14 adp Gauselmann v OHIM (Multi Win)
Community trade mark — Application for Community word mark Multi Win — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-367/13 Poland v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural Development — Expenditure incurred by Poland — Article 33b of Regulation (EC) No 1257/1999 — Article 7 of Regulation (EC) No 1258/1999 — Article 31 of Regulation (EC) No 1290/2005 — Mixed financial correction — Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 3 December 2015 ECLI:EU:T:2015:933 (Appeal: Case before the Court of Justice C-105/16 P) |
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Case T-105/14 TrekStor v OHIM – Scanlab (iDrive)
Community trade mark — Opposition proceedings — Application for Community word mark iDrive — Prior German word mark IDRIVE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-327/14 Compagnie des fromages & Richesmonts v OHIM – Grupo Lactalis Iberia (Representation of a red and white Vichy motif)
Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-628/14 Hewlett Packard Development Company v OHIM (FORTIFY)
Community trade mark — Application for Community word mark FORTIFY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 3 December 2015 ECLI:EU:T:2015:925 (Appeal: Case before the Court of Justice C-77/16 P) |
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Case T-647/14 Infusion Brands v OHIM (DUALSAW)
Community trade mark — Application for the Community figurative mark DUALSAW — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-648/14 Infusion Brands v OHIM (DUALTOOLS)
Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-695/14 Omega International v OHIM (Representation of a white circle and a white rectangle inside a black rectangle)
Community trade mark — Application for a Community figurative mark representing a white circle and a white rectangle inside a black rectangle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-273/13 Sarafraz v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal basis — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property
Case T-274/13 Emadi v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Iran — Freezing of funds — Restrictions on the entry into and transit through European Union territory — Legal basis — Obligation to state reasons — Right to be heard — Error of assessment — Ne bis in idem — Freedom of expression — Freedom of the media — Freedom to choose an occupation — Free movement — Right to property
Case T-3/15 K-Swiss v OHIM (Representation of parallel stripes on a shoe)
Community trade mark — International registration designating the European Community — Figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-671/15 R E-Control v ACER
Application for interim measures — Opinion on the compliance of national regulatory authorities’ decisions approving the methods of cross-border electricity transmission capacity — Application for suspension of operation of a measure — Infringement of procedural requirements — Inadmissibility
Case T-584/15 R POA v Commission
Application for interim measures — Publication of an application for registration of a protected designation of origin — ‘Halloumi’ or ‘Hellim’ — Application for suspension of operation of a measure — No urgency
Case T-525/14 Compagnie générale des établissements Michelin v OHIM – Continental Reifen Deutschland (XKING)
Community trade mark — Opposition proceedings — Application for Community figurative mark XKING — Earlier national figurative mark X — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 8 December 2015 ECLI:EU:T:2015:944 (Appeal: Case before the Court of Justice C-84/16 P) |
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Case T-583/14 Giand v OHIM – Flamagas (FLAMINAIRE)
Community mark — Opposition proceedings — Application for Community word mark FLAMINAIRE — Earlier national and international word marks FLAMINAIRE — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 — Ne bis in idem
Case T-673/14 Italy v Commission
Action for annulment — State aid — Transport — Establishment of Airport Handling SpA — Decision to open the formal examination procedure provided for in Article 108(2) TFEU — Measure not open to challenge — Aid measures completely implemented by the date on which the action was brought — Inadmissibility
Case T-354/14 Comercializadora Eloro v OHIM – Zumex Group (zumex)
Community trade mark — Opposition proceedings — Application for Community figurative mark ZUMEX — Earlier national figurative mark JUMEX — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 9 December 2015 ECLI:EU:T:2015:947 (Appeal: Case before the Court of Justice C-71/16 P) |
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Case T-563/13 Belgium v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by Belgium — Fruit and vegetables — Obligation to state reasons — Conditions for recognition of a producer organisation — Outsourcing of core activities by a producer organisation — Amount to be excluded — Proportionality
Case T-615/14 Fútbol Club Barcelona v OHIM (Representation of the outline of a crest)
Community trade mark — Application for a figurative Community trade mark representing the outline of a crest — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T-690/14 Sony Computer Entertainment Europe v OHIM – Marpefa (Vieta)
Community trade mark — Revocation proceedings — Community figurative mark Vieta — Genuine use of the mark — Nature of use — Article 15(1) and Article 51(2) of Regulation (EC) No 207/2009 — Form differing in elements which do not alter the distinctive character of the mark — Proof of use for the registered goods
Case T-474/15 R GGP Italy v Commission
Interim measures — Directive 2006/42/EC — Protection of the health and safety of consumers and workers against risks arising from the use of machinery — Measure taken by the Latvian authorities prohibiting a type of lawnmower — Commission Decision declaring the measure justified — Application to suspend operation — Lack of urgency
Case T-751/14 Hikari Miso v OHIM – Nishimoto Trading (Hikari)
Community trade mark — Opposition proceedings — Application for Community word mark Hikari — Earlier national word mark HIKARI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-63/15 Shoe Branding Europe v OHIM (Parallel stripes on the long sleeves of a shirt)
Community trade mark — Application for a Community trade mark consisting of two parallel stripes on the long sleeves of a shirt — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-64/15 Shoe Branding Europe v OHIM (Parallel stripes on pants)
Community trade mark — Application for a Community trade mark consisting of two parallel stripes on pants — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-9/11 Air Canada v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-28/11 Koninklijke Luchtvaart Maatschappij v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-36/11 Japan Airlines v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-38/11 Cathay Pacific Airways v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-39/11 Cargolux Airlines v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-40/11 Latam Airlines Group and Lan Cargo v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-43/11 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-46/11 Deutsche Lufthansa and Others v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-48/11 British Airways v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
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Judgment of the General Court (First Chamber) of 16 December 2015 ECLI:EU:T:2015:988 (Appeal: Case before the Court of Justice C-122/16 P) |
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Case T-56/11 SAS Cargo Group and Others v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-62/11 Air France-KLM v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-63/11 Air France v Commission
Competition — Agreements, decisions and concerted practices — European airfreight market — Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) — Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport — Obligation to state reasons
Case T-108/13 VTZ and Others v Council
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in Russia — Definitive anti-dumping duty — Product concerned
Joined Cases T-381/13 and T-382/13 Perfetti Van Melle v OHIM (DAISY and MARGARITAS)
Community trade mark — Application for Community word marks DAISY and MARGARITAS — Absolute grounds for refusal — Partial refusal to register — No distinctive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-491/13 Perfetti Van Melle Benelux v OHIM – Intercontinental Great Brands (TRIDENT PURE)
Community trade mark — Opposition proceedings — Application for Community word mark TRIDENT PURE — Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-356/14 CareAbout v OHIM – Florido Rodríguez (Kerashot)
Community trade mark — Opposition proceedings — Application for Community word mark Kerashot — Earlier national figurative mark K KERASOL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration by the Board of Appeal
Case T-521/14 Sweden v Commission
Regulation (EU) No 528/2012 — Biocidal products — Action for failure to act — Specification of the scientific criteria for the determination of endocrine-disrupting properties — Failure by the Commission to adopt delegated acts — Duty to act
Case T-128/15 Rotkäppchen-Mumm Sektkellereien v OHIM – Ruiz Moncayo (RED RIDING HOOD)
Community trade mark — Opposition proceedings — Application for the Community word mark RED RIDING HOOD — Earlier national and international word marks ROTKÄPPCHEN — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-275/13 Italy v Commission
Languages — Notice of open competition for the recruitment of administrators — Choice of second language from three languages — Language of communication with the candidates to the competition — Regulation No 1 — Article 1d(1), Article 27, first paragraph, and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-295/13 Italy v Commission
Languages — Corrigendum to the notice of open competition for the recruitment of administrators — New competition procedures — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-510/13 Italy v Commission
Languages — Notice of open competition for the recruitment of translators — Choice of second language from three languages — Language of communication with the candidates to the competition — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Case T-624/14 Bice International v OHIM – Bice (bice)
Community trade mark — Invalidity proceedings — Community word mark bice — Earlier national figurative mark 1926 BiCE RISTORANTE — No genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
Case T-79/15 Olympus Medical Systems v OHIM (3D)
Community trade mark — Application for the Community figurative mark 3D — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-543/15 R Lysoform Dr. Hans Rosemann and Others v ECHA
Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency
Case T-669/15 R Lysoform Dr. Hans Rosemann and Others v ECHA
Application for interim measures — REACH — Making available on the market and use of biocidal products — Inclusion of a company as a supplier of an active substance on the list referred to in Article 95 of Regulation (EU) No 528/2012 — Application for suspension of operation — Lack of urgency
Case T-850/14 CompuGroup Medical v OHIM – Schatteiner (SAM)
Action for annulment — Community trade mark — Time-limit for bringing an action — Notification of the decision of the Board of Appeal to the electronic account at OHIM of the applicant’s representative — Out of time — No force majeure or unforeseeable circumstances — Manifest inadmissibility
January 2016
Case T-397/13 Tilly-Sabco v Commission
Agriculture — Export refund — Poultrymeat — Implementing Regulation fixing the refund at EUR 0 — Action for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Admissibility — Article 3(3) of Regulation (EU) No 182/2011 — Obligation to state reasons — Article 164(3) of Regulation (EC) No 1234/2007 — Legitimate expectations
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 14 January 2016 (Extracts)
ECLI:EU:T:2016:8 (Appeal: Case before the Court of Justice C-183/16 P) |
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Case T-549/13 France v Commission
Agriculture — Export refund — Poultrymeat — Fixing of the refund at EUR 0 — Obligation to state reasons — Possibility for the Commission to confine itself to a standard statement of reasons — Commission’s usual practice in fixing refunds — Article 164(3) of Regulation (EC) No 1234/2007 — Non-exhaustive nature of the prescribed criteria
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 14 January 2016
ECLI:EU:T:2016:6 |
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Case T-404/12 Toshiba v Commission
Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Rights of the defence — Obligation to state reasons — Equal treatment — Starting amount — Extent of contribution to the infringement
Language of the case: English
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Judgment of the General Court (First Chamber) of 19 January 2016
ECLI:EU:T:2016:18 (Appeal: Case before the Court of Justice C-180/16 P) |
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Case T-409/12 Mitsubishi Electric v Commission
Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — New decision taken following annulment in part of the initial decision by the Court — Fines — Obligation to state reasons — Principle of sound administration — Rights of the defence — Equal treatment — Proportionality — Erroneous application — Starting amount — Extent of contribution to the infringement — Deterrence multiplier
Language of the case: English
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Judgment of the General Court (First Chamber) of 19 January 2016
ECLI:EU:T:2016:17 |
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Case T-570/13 Agriconsulting Europe v Commission
Public service contracts — Tendering procedure — Operational technical assistance to set up and manage a network facility for the implementation of the European Innovation Partnership ‘Agricultural Productivity and Sustainability’ — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Abnormally low tender — Non-contractual liability
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 28 January 2016
ECLI:EU:T:2016:40 (Appeal: Case before the Court of Justice C-198/16 P) |
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Case T-331/14 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 28 January 2016
ECLI:EU:T:2016:49 |
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Case T-335/14 Davó Lledó v OHIM – Administradora y Franquicias América and Inversiones Ged (DoggiS)
Community trade mark — Invalidity proceedings — Community figurative mark DoggiS — Earlier national figurative marks DoggiS — Earlier national word marks DOGGIS and DOGGIBOX — Earlier national figurative marks representing a character in the shape of a hot dog — Additional evidence adduced for the first time before the Board of Appeal — Article 76 of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009 — Evidence adduced for the first time before the General Court
Language of the case: Spanish
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Judgment of the General Court (Sixth Chamber) of 28 January 2016
ECLI:EU:T:2016:39 |
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Case T-341/14 Klyuyev v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 28 January 2016
ECLI:EU:T:2016:47 |
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Case T-667/14 Slovenia v Commission
EAGGF — ‘Guarantee’ Section — EAGF and EAFRD — Expenditure excluded from financing — Verification of small parcels — Lack of evidence of serious and reasonable doubt — Extrapolation of on-site inspection results
Language of the case: Slovene
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Judgment of the General Court (Fifth Chamber) of 28 January 2016
ECLI:EU:T:2016:34 |
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Information (on unpublished decisions)
Case T-434/13 Doux v Commission
Agriculture — Export refund — Poultry meat — Implementing Regulation fixing the refund at EUR 0 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Article 3(3) of Regulation (EU) No 182/2011 — Obligation to state reasons — Article 164(3) of Regulation (EC) No 1234/2007 — Legitimate expectations
Case T-535/14 The Cookware Company v OHIM – Fissler (VITA+VERDE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark VITA+VERDE — Earlier word mark VITAVIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-663/14 International Gaming Projects v OHIM (BIG BINGO)
Community trade mark — Application for Community figurative mark BIG BINGO — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-318/15 Zitro IP v OHIM (TRIPLE BONUS)
Community trade mark — Application for Community figurative mark TRIPLE BONUS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and (2) of Regulation (EC) No 207/2009
Case T-746/15 R Biofa v Commission
Interim measures — Plant protection product — Approval of the basic substance sodium hydrogen carbonate — Application for suspension of operation — Lack of urgency
Case T-443/13 Makhlouf v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Right to respect for private life — Proportionality
Case T-62/14 BR IP Holder v OHIM – Greyleg Investments (HOKEY POKEY)
Community trade mark — Opposition proceedings — Application for Community word mark HOKEY POKEY — Unregistered earlier national word mark — Proof of use — Right to prohibit use of the mark sought — Article 8(4) of Regulation (EC) No 207/2009 — Right of a Member State — Obligation to state reasons — Raised by the Court of its own motion
Case T-802/14 Laboratorios Ern v OHIM – michelle menard (Lenah.C)
Community trade mark — Opposition proceedings — Application for Community word mark Lenah.C — Earlier national word mark LEMA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-846/14 Spokey v OHIM – Leder Jaeger (SPOKeY)
Community trade mark — Invalidity proceedings — Community figurative mark SPOKeY — Earlier Community word mark SPOOKY — Partial declaration of invalidity — Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Examination of evidence — Article 76(1) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-75/15 Rod Leichtmetallräder v OHIM – Rodi TR (ROD)
Community trade mark — Invalidity proceedings — Community figurative mark ROD — Earlier national figurative marks RODI –– Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Earlier opposition proceedings — Rule 39(3) of Regulation (EC) No 2868/95
Case T-120/15 Proforec v Commission
Action for annulment — Registration of a protected geographical indication — Focaccia di Recco col formaggio — No legal interest in bringing proceedings — Inadmissibility
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Order of the General Court (First Chamber) of 21 January 2016 ECLI:EU:T:2016:50 (Appeal: Case before the Court of Justice C-176/16 P) |
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Case T-202/14 LR Health & Beauty Systems v OHIM – Robert McBride (LR nova pure.)
Community trade mark — Opposition proceedings — Application for the Community figurative mark LR nova pure. — Earlier international word mark NOVA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-277/15 Permapore v OHIM – José Joaquim Oliveira II - Jardins & Afins (Terraway)
Community trade mark — Opposition proceedings — Application for Community figurative mark Terraway — Earlier national and international word marks TERRAWAY — Partial rejection of the opposition — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring the appeal deemed not to have been filed — Action manifestly lacking any basis in law
Case T-427/12 Austria v Commission
State Aid — Banking sector — Aid implemented by Germany and Austria for the benefit of Bayerische Landesbank in the course of its restructuring — Decision declaring the aid compatible with the internal market, provided that certain conditions met — Repeal of the initial decision drawn up in a language other than that of the Member State — Action for annulment — Challengeable act — Admissibility — Definition of State aid — Advantage — Rights of defence — Obligation to state reasons
Case T-507/12 Slovenia v Commission
State aid — Manufacture of leisure equipment — Restructuring aid — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Obligation to state reasons — Whether imputable to the State — Private investor test
Case T-537/12 Zafeiropoulos v Cedefop
Public service contracts — Tendering procedure — Provision of medical services for the benefit of Cedefop staff — Rejection of the bid of one tenderer and award of the contract to another tenderer — Refusal to allow access to certain documents concerning other tenderers who participated in the tendering procedure — Obligation to state reasons — Protection of commercial interests and reputation — Personal data protection — Protection of the decision-making process — Non-contractual liability
Case T-640/13 Sto v OHIM – Fixit Trockenmörtel Holding (CRETEO)
Community trade mark — Opposition proceedings — Application for Community word mark CRETEO — Earlier national word marks StoCretec and STOCRETE — Relative ground for refusal — Distinctive character acquired through use — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-674/13 Gugler France v OHIM – Gugler (GUGLER)
Community trade mark — Invalidity proceedings — Community figurative mark GUGLER — Absolute ground for refusal — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Ground raised by the Court of its own motion
Case T-194/14 Bristol Global v OHIM – Bridgestone (AEROSTONE)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AEROSTONE — Earlier Community word marks STONE and BRIDGESTONE — Earlier non-registered national figurative mark BRIDGESTONE — Relative ground for refusal — Partial refusal of registration
Case T-332/14 Azarov v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-434/14 Arbuzov v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-486/14 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is justified
Case T-687/14 Novomatic v OHIM – Simba Toys (African SIMBA)
Community trade mark — Opposition proceedings — Application for Community figurative mark African SIMBA — Prior national figurative mark Simba — Duty to state reasons — Article 75 of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-781/14 TVR Automotive v OHIM – Cardoni (TVR ENGINEERING)
Community trade mark — Opposition proceedings — Application for the Community figurative mark TVR ENGINEERING — Earlier Community figurative mark TVR — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
February 2016
Case T-141/14 SolarWorld and Others v Council
Actions for annulment — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duties — Exemption of imports covered by an accepted undertaking — Non-severability — Inadmissibility
Language of the case: English
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Order of the General Court (Fifth Chamber) of 1 February 2016
ECLI:EU:T:2016:67 (Appeal: Case before the Court of Justice C-204/16 P) |
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Case T-171/13 Benelli Q. J. v OHIM – Demharter (MOTOBI B PESARO)
Community trade mark — Revocation proceedings — Community figurative mark MOTOBI B PESARO — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Evidence submitted against the application for revocation after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rule 50(1), third subparagraph, of Regulation (EC) No 2868/95
Language of the case: English
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Judgment of the General Court (Second Chamber) of 2 February 2016
ECLI:EU:T:2016:54 |
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Case T-287/11 Heitkamp BauHolding v Commission
State aid — German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) — Decision declaring the aid incompatible with the internal market — Action for annulment — Individual concern — Admissibility — Concept of State aid — Selectivity — Nature and general scheme of the tax system
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 4 February 2016
ECLI:EU:T:2016:60 (Appeal: Case before the Court of Justice C-208/16 P) (Appeal: Case before the Court of Justice C-203/16 P) |
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Case T-620/11 GFKL Financial Services v Commission
State aid — German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) — Decision declaring the aid incompatible with the internal market — Action for annulment — Individual concern — Admissibility — Concept of State aid — Selectivity — Nature and general scheme of the tax system — State resources — Obligation to state reasons — Legitimate expectations
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 4 February 2016
ECLI:EU:T:2016:59 (Appeal: Case before the Court of Justice C-219/16 P) (Appeal: Case before the Court of Justice C-209/16 P) |
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Case T-676/13 Italian International Film v EACEA
Support programme for the European audiovisual sector (MEDIA 2007) — Measures of support for the transnational distribution of European films — Call for proposals in connection with the ‘selective’ scheme 2013 — EACEA act informing the applicant of the rejection of its application for the film ‘Only God Forgives’ — EACEA act confirming the rejection but stating new reasons — Powers — Distribution of tasks between the Commission and the EACEA — Circumscribed powers — Actions for annulment — Challengeable act — Admissibility — Obligation to state reasons — Permanent Guidelines 2012-2013 — Material or physical distribution agreement — Not communicated in advance to the EACEA — Application not eligible
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 4 February 2016
ECLI:EU:T:2016:62 |
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Case T-247/14 Meica v OHIM – Salumificio Fratelli Beretta (STICK MiniMINI Beretta)
Community trade mark — Opposition proceedings — Application for the Community figurative mark STICK MiniMINI Beretta — Earlier Community word mark MINI WINI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(3) of Regulation (EC) No 216/96
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 4 February 2016
ECLI:EU:T:2016:64 (Appeal: Case before the Court of Justice C-182/16 P) |
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Case T-135/14 Kicktipp v OHIM – Italiana Calzature (kicktipp)
Community trade mark — Opposition proceedings — Application for Community word mark kicktipp — Earlier national word mark KICKERS — Rule 19 of Regulation (EC) No 2868/95 — Rule 98(1) of Regulation No 2868/95 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 5 February 2016 (Extracts)
ECLI:EU:T:2016:69 |
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Case T-376/15 AJ KJ and KK v EASME
Legal aid — Application submitted before an action was brought — Action to be brought by a natural person — Manifest inadmissibility — Action to be brought by a legal person — Aid granted
Language of the case: French
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Order of the President of the General Court of 17 February 2016 (Extracts)
ECLI:EU:T:2016:89 |
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Case T-164/14 Calberson GE v Commission
Arbitration clause — Programme to supply agricultural products to Russia — Supply of beef — Non-performance of the contract by the intervention agency — Applicable law — Limitation — Late release of certain supply securities — Partial payment of a transport invoice — Underpayment in foreign currency of certain invoices — Default interest
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 18 February 2016
ECLI:EU:T:2016:85 |
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Case T-411/14 Coca-Cola v OHIM (Shape of a contour bottle)
Community trade mark — Application for three-dimensional Community trade mark — Shape of a contour bottle without fluting — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 24 February 2016
ECLI:EU:T:2016:94 |
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Joined Cases T-546/13, T-108/14 and T-109/14 Šumelj and Others v Commission
Non-contractual liability — Accession of Croatia to the European Union — Repeal before accession of national legislation providing for the creation of the profession of public bailiff — Harm sustained by the persons previously appointed as public bailiffs — Failure by Commission to adopt measures ensuring compliance with the accession commitments — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 36 of the Act of Accession
Language of the case: Croatian
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Judgment of the General Court (Second Chamber) of 26 February 2016
ECLI:EU:T:2016:107 (Appeal: Case before the Court of Justice C-239/16 P) |
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Case T-265/12 Schenker v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on duty of loyalty and prohibition on double representation — Fiduciary duties — Whether trade between Member States affected — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Settlement — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 29 February 2016
ECLI:EU:T:2016:111 (Appeal: Case before the Court of Justice C-263/16 P) |
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Information (on unpublished decisions)
Case T-142/14 SolarWorld and Others v Council
Actions for annulment — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duties — Exemption of imports covered by an accepted undertaking — Non-severability — Inadmissibility
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Order of the General Court (Fifth Chamber) of 1 February 2016 ECLI:EU:T:2016:68 (Appeal: Case before the Court of Justice C-205/16 P) |
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Case T-169/13 Benelli Q. J. v OHIM – Demharter (MOTO B)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MOTO B — Earlier non-registered national figurative marks MOTOBI — Relative ground for refusal — Evidence that the earlier non-registered marks are well known — Article 8(2)(c) of Regulation (EC) No 207/2009 — Article 6bis of the Paris Convention — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph, of Regulation No 2868/95 — First sentence of Article 75 of Regulation No 207/2009 — Obligation to state reasons
Case T-170/13 Benelli Q. J. v OHIM – Demharter (MOTOBI)
Community trade mark — Revocation proceedings — Community word mark MOTOBI — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-683/13 Brammer v OHIM – Office Ernest T. Freylinger (EUROMARKER)
Community trade mark — Opposition proceedings — Application for the Community word mark EUROMARKER — Earlier Community word mark EURIMARK — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-485/14 Bon Net v OHIM – Aldi (Bon Appétit!)
Community trade mark — Opposition proceedings — Application for Community figurative mark Bon Appétit! — Prior national figurative marks Бон Аnemú and Bon Apetí — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-541/14 Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM – Vicente Gandía Pla (ILLIRIA)
Community trade mark — Opposition proceedings — Application for the Community figurative mark ILLIRIA — Earlier Community word mark CASTILLO DE LIRIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-562/13 Isotis v Commission
Arbitration clause — Competitiveness and Innovation Framework Programme — REACH112 contract — Reimbursement of sums advanced — Eligible costs
Case T-686/14 Italy v Commission
EAGGF — Guarantee Section — EAGGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Tomato processing sector — Aid to producer organisations — Expenditure incurred by Italy — Proportionality — Res judicata
Case T-722/14 PRIMA v Commission
Public service contracts — Tendering procedure — Support for the European Commission representative in Bulgaria in the context of the organization of public events — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Award criteria — Obligation to state reasons — Concept of relative advantages of the successful tender — Transparency
Case T-842/14 Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming)
Community trade mark — Application for Community word mark Slim legs by airpressure bodyforming — Refusal of registration by the examiner — Absolute grounds for refusal — Descriptive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-279/13 Ezz and Others v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Measures taken against persons responsible for misappropriation of State funds and against associated persons and entities — Freezing of funds — Inclusion of the applicants on the list of persons targeted — Legal basis — Failure to fulfil the criteria for listing — Error of law — Error of fact — Right to property — Damage to reputation — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Amendment of the claims and pleas in law — Lis pendens — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-82/15 InAccess Networks Integrated Systems v Commission
Seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) — Grant agreement for the ATRACO project — Debit notes and decisions contained in letters — No need to adjudicate in part — Contractual nature of the dispute — Partial inadmissibility
Case T-296/15 Industrias Químicas del Vallés v Commission
Action for annulment — Plant protection products — Implementing Regulation (EU) 2015/408 — Establishing a list of candidates for substitution — Inclusion of metalaxyl on that list — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
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Order of the General Court (Third Chamber) of 16 February 2016 ECLI:EU:T:2016:79 (Appeal: Case before the Court of Justice C-244/16 P) |
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Joined Cases T-711/13 and T-716/13 Harrys Pubar and Harry's New York Bar v OHIM – Harry's New York Bar and Harrys Pubar (HARRY'S BAR)
Community trade mark — Opposition proceedings — Application for the Community word mark HARRY’S BAR — Earlier national figurative mark PUB CASINO Harrys RESTAURANG — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Joined Cases T-84/14 and T-97/14 Harrys Pubar and Harry's New York Bar v OHIM – Harry's New York Bar and Harrys Pubar (HARRY'S NEW YORK BAR)
Community trade mark — Opposition proceedings — Application for the Community word mark HARRY’S NEW YORK BAR — Earlier national figurative mark PUB CASINO Harrys RESTAURANG — Partial refusal of registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-328/14 Jannatian v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Admission restriction — Action for annulment — No need to adjudicate — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals — Non-material damage
Case T-364/14 Penny-Markt v OHIM – Boquoi Handels (B!O)
Community trade mark — Invalidity proceedings — Community figurative mark B!O — Earlier Community word mark bo — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-53/14 Ludwig-Bölkow-Systemtechnik v Commission
Arbitration clause — Sixth framework programme for research, technological development and demonstration activities — Reimbursement of a portion of the amounts paid and flat-rate compensation — No need to adjudicate in part — Costs eligible for EU funding — Penalty clause — Manifestly excessive character
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Judgment of the General Court (Fourth Chamber) of 19 February 2016 ECLI:EU:T:2016:88 (Appeal: Case before the Court of Justice C-250/16 P) |
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Case T-30/15 Infinite Cycle Works v OHIM – Chance Good Ent. (INFINITY)
Community trade mark — Opposition proceedings — Application for the Community word mark INFINITY — Earlier Community word mark INFINI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-761/14 Consolidated Artists v OHIM – Body Cosmetics International (MANGO)
Community trade mark — Invalidity proceedings — Community figurative mark MANGO — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009
Joined Cases T-279/15 to T-282/15 Pirelli Tyre v OHIM (Tyre treads and Others)
Community design — Community design representing tyre treads and pneumatic tyres for vehicle wheels — Failure to apply for renewal of the design and cancellation of the design upon expiry of the registration — Application for restitutio in integrum and application for renewal of the design
Case T-816/14 Tayto Group v OHIM – MIP Metro (REAL HAND COOKED)
Community trade mark — Opposition proceedings — Application for Community figurative mark REAL HAND COOKED — Earlier national figurative mark real QUALITY — Relative ground for refusal — Likelihood of confusion — Misuse of power — Article 8(1)(b) of Regulation (EC) No 207/2009 — Articles 64, 75, 76 and 83 of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 24 February 2016 ECLI:EU:T:2016:93 (Appeal: Case before the Court of Justice C-272/16 P) |
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Case T-402/14 FCC Aqualia v OHIM – Sociedad General de Aguas de Barcelona (AQUALOGY)
Community trade mark — Opposition proceedings — Application for the Community figurative mark AQUALOGY — Earlier Community word mark AQUALIA and earlier national figurative mark aqualia — Relative grounds for refusal — Article 8(1)(b) and Article 8(5) of Regulation No 207/2009
Joined Cases T-589/14 and T-772/14 Musso v Parliament
Emoluments of Members of the Parliament — Old-age pension — Obligation for French Members to claim their pension rights from national schemes — Rule against overlapping — Implementing measures for the Statute for Members — Decision adopted at the conclusion of the complaints procedure — Debit note — Decision to suspend payment of the pension — Adversarial principle — Reasonable period — Obligation to state reasons
Case T-692/14 Puma v OHIM – Sinda Poland (Representation of an animal)
Community trade mark — Opposition proceedings — Application for figurative mark representing an animal — Earlier international figurative marks representing a puma — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-210/14 Mederer v OHIM – Cadbury Netherlands International Holdings (Gummi Bear-Rings)
Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark Gummi Bear-Rings — Earlier national figurative mark GUMMY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-507/14 Vidmar and Others v Commission
Non-contractual liability — Accession of Croatia to the European Union — Repeal before accession of national legislation establishing the profession of bailiff — Loss suffered by persons formerly appointed as bailiffs — Failure by the Commission to adopt measures to ensure fulfilment of accession commitments — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 36 of the Act of Accession
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Judgment of the General Court (Second Chamber) of 26 February 2016 ECLI:EU:T:2016:106 (Appeal: Case before the Court of Justice C-241/16 P) (Appeal: Case before the Court of Justice C-240/16 P) |
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Case T-543/14 provima Warenhandels v OHIM – Renfro (HOT SOX)
Community trade mark — Invalidity proceedings — International registration designating the European Community — Word mark HOT SOX — Absolute grounds for refusal — Lack of distinctive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-251/12 EGL and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Definition of the market — Effect on trade between Member States — Cooperation — Partial immunity from a fine
Case T-254/12 Kühne + Nagel International and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Surcharges and charging mechanisms affecting the final prices — Whether trade between Member States affected — Errors of assessment — Duration of the infringement — Amount of the fine — Point 13 of the 2006 Guidelines on the method of setting fines — Value of sales — Mitigating circumstances — Proportionality — Rights of the defence
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Judgment of the General Court (Ninth Chamber) of 29 February 2016 ECLI:EU:T:2016:113 (Appeal: Case before the Court of Justice C-261/16 P) |
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Case T-264/12 UTi Worldwide and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Surcharges and tariff mechanisms having an impact on the final price of services — Errors of assessment — Proof — Whether trade between Member States affected — Appreciable effect on competition — Amount of the fine — Gravity of the infringement — Proportionality — Joint and several liability — Unlimited jurisdiction
Case T-267/12 Deutsche Bahn and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Evidence contained in an application for immunity — Protection of the confidentiality of communications between lawyers and clients — Code of Conduct rules on the duty of loyalty and prohibition on double representation — Fiduciary duties — Whether unlawful conduct can be attributed — Choice of companies — Fines — Proportionality — Gravity of the infringement — Mitigating circumstances — Equal treatment — Cooperation — Partial immunity from a fine — Unlimited jurisdiction — Settlement — 2006 Guidelines on the method of setting fines
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Judgment of the General Court (Ninth Chamber) of 29 February 2016 ECLI:EU:T:2016:110 (Appeal: Case before the Court of Justice C-264/16 P) |
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Case T-270/12 Panalpina World Transport (Holding) and Others v Commission
Competition — Agreements, decisions and concerted practices — International air freight forwarding services — Decision finding an infringement of Article 101 TFEU — Price fixing — Surcharges and charging mechanisms affecting the final price — Fines — Proportionality — Gravity of the infringement — Equal treatment — Obligation to state reasons — Settlement — 2006 Guidelines on the method of setting fines
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Judgment of the General Court (Ninth Chamber) of 29 February 2016 ECLI:EU:T:2016:109 (Appeal: Case before the Court of Justice C-271/16 P) |
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Case T-725/15 R Chemtura Netherlands v EFSA
Application for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to the inclusion of an active substance — Rejection of the request for confidential treatment of certain information — Application for interim measures — Lack of urgency
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Order of the President of the General Court of 29 February 2016 ECLI:EU:T:2016:128 (Appeal: Case before the Court of Justice C-134/16 P(R)) |
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Case T-732/15 R ICA Laboratories and Others v Commission
Application for interim measures — Environment — Consumer protection — Regulation fixing maximum residue levels for guazatine — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 29 February 2016 ECLI:EU:T:2016:129 (Appeal: Case before the Court of Justice C-170/16 P(R)) |
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March 2016
Case T-79/14 Secop v Commission
State aid — Rescuing firms in difficulty — Aid in the form of a State guarantee — Decision declaring the aid compatible with the internal market — Failure to initiate the formal investigation procedure — Serious difficulties — Procedural rights of the interested parties
Language of the case: German
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Judgment of the General Court (First Chamber) of 1 March 2016
ECLI:EU:T:2016:118 |
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Case T-15/14 Simet v Commission
State aid — Retroactive public service compensation granted by the Italian authorities — Inter-regional bus transport services provided between 1987 and 2003 — Decision declaring the aid incompatible with the internal market — Maintenance of a public service obligation — Grant of compensation — Regulation (EEC) No 1191/69
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 3 March 2016
ECLI:EU:T:2016:124 (Appeal: Case before the Court of Justice C-232/16 P) |
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Case T-438/15 Port autonome du Centre et de l'Ouest and Others v Commission
State aid — Corporation tax — Aid in favour of Belgian ports granted by Belgium — Commission letter informing the Member State of its preliminary assessment of that aid as being incompatible with the internal market and of the likely adoption of appropriate measures — Measure not open to challenge — Inadmissibility
Language of the case: French
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Order of the General Court (Ninth Chamber) of 9 March 2016
ECLI:EU:T:2016:142 |
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Case T-840/14 International Gaming Projects v OHIM – Sky (Sky BONUS)
Community trade mark — Opposition proceedings — Application for a Community figurative mark Sky BONUS — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility
Language of the case: English
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Order of the General Court (Fourth Chamber) of 11 March 2016
ECLI:EU:T:2016:163 |
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Case T-103/14 Frucona Košice v Commission
State aid — Excise duties — Partial remission of a tax debt in the context of an arrangement — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Rights of the defence — Procedural rights of the interested parties — Private creditor test — Burden of proof
Language of the case: English
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Judgment of the General Court (Second Chamber) of 16 March 2016
ECLI:EU:T:2016:152 (Appeal: Case before the Court of Justice C-300/16 P) |
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Case T-561/14 One of Us and Others v Commission
Intervention — Interest in the result of the case — Representative association the purpose of which is to defend the interests of its members — Publication on the internet of the application to intervene — Abuse of procedure
Language of the case: English
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Order of the President of the First Chamber of the General Court of 16 March 2016
ECLI:EU:T:2016:173 |
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Case T-586/14 Xinyi PV Products (Anhui) Holdings v Commission
Dumping — Imports of solar glass originating in the People’s Republic of China — Definitive anti-dumping duty — Market Economy Treatment (MET) — Article 2(7)(b) and (c), third indent, of Regulation (EC) No 1225/2009 — Significant distortion arising from the former planned economy system — Tax advantages
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 16 March 2016
ECLI:EU:T:2016:154 (Appeal: Case before the Court of Justice C-301/16 P) |
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Case T-100/15 Dextro Energy v Commission
Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Refusal to authorise certain claims in spite of EFSA’s positive opinion — Proportionality — Equal treatment — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 16 March 2016
ECLI:EU:T:2016:150 (Appeal: Case before the Court of Justice C-296/16 P) |
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Case T-817/14 Zoofachhandel Züpke and Others v Commission
Non-contractual liability — Health policy — Combating avian influenza — Prohibition of the importation of captured wild birds into the European Union — Regulation (EC) No 318/2007 and Implementing Regulation (EU) No 139/2013 — Sufficiently serious breach of rules of law conferring rights on individuals — Manifest and serious disregard for the limits of discretion — Proportionality — Duty of care — Articles 15 to 17 of the Charter of Fundamental Rights
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 17 March 2016
ECLI:EU:T:2016:157 (Appeal: Case before the Court of Justice C-311/16 P) |
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Case T-501/13 Karl-May-Verlag v OHIM – Constantin Film Produktion (WINNETOU)
Community trade mark — Invalidity proceedings — Community word mark WINNETOU — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009 — Principles of autonomy and independence of the Community trade mark — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (First Chamber) of 18 March 2016
ECLI:EU:T:2016:161 |
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Information (on unpublished decisions)
Case T-40/09 Advance Magazine Publishers v OHIM – Selecciones Americanas (VOGUE CAFÉ)
Community trade mark — Opposition proceedings — Community word mark VOGUE CAFÉ — Earlier national figurative marks Vogue and VOGUE studio and application for the Community figurative mark VOGUE — Genuine use of earlier marks — Article 42(2) of Regulation (EC) No 207/2009
Case T-538/14 Peri v OHIM (Multiprop)
Community trade mark — Application for Community word mark Multiprop — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons
Case T-557/14 BrandGroup v OHIM – Brauerei S. Riegele, Inh. Riegele (SPEZOOMIX)
Community trade mark — Opposition proceedings — Application for Community word mark SPEZOOMIX — Earlier Community word mark Spezi — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-61/15 1&1 Internet v OHIM – Unoe Bank (1e1)
Community trade mark — Opposition proceedings — Application for the Community word mark 1e1 — Earlier national word mark UNO E and earlier figurative mark unoe — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-675/14 Spain v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Flat rate financial corrections — Specific financial corrections — Extension of the financial correction to a period after the communication provided for in Article 11(1) of Regulation (EC) No 885/2006
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Judgment of the General Court (Sixth Chamber) of 3 March 2016 ECLI:EU:T:2016:123 (Appeal: Case before the Court of Justice C-279/16 P) |
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Case T-778/14 Ugly v OHIM – Group Lottuss (COYOTE UGLY)
Community trade mark — Opposition proceedings — Application for the Community word mark COYOTE UGLY — Relative grounds for refusal — Revocation of the earlier Community word mark — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 — No non-registered mark — Article 8(4) of Regulation No 207/2009 — No well-known mark within the meaning of Article 6bis of the Paris Convention — Article 8(2)(c) of Regulation No 207/2009
Case T-53/15 credentis v OHIM – Aldi Karlslunde (Curodont)
Community trade mark — Opposition proceedings — Application for Community word mark Curodont — Earlier national word mark Eurodont — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-160/15 LG Developpement v OHIM – Bayerische Motoren Werke (MINICARGO)
Community trade mark — Opposition proceedings — Application for the Community figurative mark MINICARGO — Earlier Community word mark MINI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-94/15 Binca Seafoods v Commission
Action for annulment — Implementing Regulation (EU) No 1358/2014 — No extension of the transitory measure concerning aquaculture animals laid down in Article 95(11) of Regulation (EC) No 889/2008 — Lack of locus standi — Inadmissibility
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Order of the General Court (Fourth Chamber) of 11 March 2016 ECLI:EU:T:2016:164 (Appeal: Case before the Court of Justice C-268/16 P) |
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Case T-436/15 Consorzio Vivaisti viticoli pugliesi and Negro Daniele v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Request to modify the form of order sought — Inadmissibility
Case T-437/15 Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-439/15 Amrita and Others v Commission
Action for annulment — Agriculture — Protective measures against pests of plants — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
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Order of the General Court (Eighth Chamber) of 11 March 2016 ECLI:EU:T:2016:146 (Appeal: Case before the Court of Justice C-280/16 P) |
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Case T-645/13 Nezi v OHIM – Etam (E)
Community trade mark — Opposition proceedings — Application for Community figurative mark E — Earlier Community figurative mark E — Relative grounds for refusal — Likelihood of confusion — Reputation — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
Case T-575/14 Larymnis Larko v Commission
Action for annulment — State aid — Privatisation — Support measures for a debtor of the applicant — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Inadmissibility
Case T-576/14 Larymnis Larko v Commission
Action for annulment — State aid — Privatisation — Support measures for a debtor of the applicant — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Inadmissibility
Case T-201/14 The Body Shop International v OHIM – Spa Monopole (SPA WISDOM)
Community trade mark — Opposition proceedings — Application for the Community word mark SPA WISDOM — Earlier Benelux word mark SPA — Relative grounds for refusal — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009
Case T-45/15 Hydrex v Commission
Grant agreement relating to a project concerning a financial instrument for the environment — Recovery order — Enforceable decision within the meaning of Article 299 TFEU — Obligation to state reasons — Errors of assessment — Force majeure
Case T-90/15 Schoeller Corporation v OHIM – Sqope (SCOPE)
Community trade mark — Invalidity proceedings — Community word mark SCOPE — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-363/15 Työhönvalmennus Valma v OHIM (Shape of a play box containing wooden blocks)
Community trade mark — Application for a three-dimensional Community trade mark — Shape of game chest containing wooden blocks — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
Case T-78/15 Mudhook Marketing v OHIM (IPVanish)
Community trade mark — Application for Community word mark IPVanish — Absolute ground for refusal — No distinctive character Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-785/14 El Corte Inglés v OHIM – STD Tekstil (MOTORTOWN)
Community trade mark — Opposition proceedings — Application for Community figurative mark MOTORTOWN — Earlier international figurative mark M MOTOR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-33/15 Grupo Bimbo v OHIM (BIMBO)
Community trade mark — Application for Community word mark BIMBO — Absolute grounds for refusal — Absence of distinctive character — Descriptive character — Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 18 March 2016 ECLI:EU:T:2016:159 (Appeal: Case before the Court of Justice C-285/16 P) |
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Case T-87/16 R Eurofast v Commission
Application for interim measures — Subsidies — Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) — Letters requesting reimbursement of part of the subsidies granted — Debit note — Set-off — Application for suspension of operation of a measure — No urgency
April 2016
Case T-20/15 Henkell & Co. Sektkellerei v EUIPO – Ciacci Piccolomini d'Aragona di Bianchini (PICCOLOMINI)
EU trade mark — Opposition proceedings — Application for the EU word mark PICCOLOMINI — Earlier EU word mark PICCOLO — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 14 April 2016
ECLI:EU:T:2016:218 |
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Case T-44/14 Costantini and Others v Commission
Law governing the institutions — European citizens’ initiative — Social policy — Service of general economic interest — Article 352 TFEU — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) of Regulation (EU) No 211/2011 — Principle of sound administration — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber) of 19 April 2016
ECLI:EU:T:2016:223 |
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Case T-819/14 Mezhdunaroden tsentar za izsledvane na maltsinstvata i kulturnite vzaimodeystvia v Commission
Action for annulment — Contract concerning Union financial assistance in favour of a project seeking to improve the effectiveness of laws combating discrimination (GendeRace project) — Debit note — Measure not open to challenge — Measure which is part of a purely contractual context from which it is inseparable — Inadmissibility
Language of the case: Bulgarian
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Order of the General Court (Sixth Chamber) of 20 April 2016
ECLI:EU:T:2016:256 |
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Case T-77/15 Tronios Group International v EUIPO – Sky (SkyTec)
EU trade mark — Invalidity proceedings — EU word mark SkyTec — Earlier national word mark SKY — Relative ground for refusal — Limitation in consequence of acquiescence — Article 54(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Language of the case: Dutch
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Judgment of the General Court (Fourth Chamber) of 20 April 2016 (Extracts)
ECLI:EU:T:2016:226 |
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Joined Cases T-50/06 RENV II and T-69/06 RENV II Ireland and Aughinish Alumina v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Existing or new aid — Article 1(b)(i), (iii) and (iv) of Regulation (EC) No 659/1999 — Legal certainty — Legitimate expectations — Reasonable time — Principle of sound administration — Misuse of powers — Obligation to state reasons — Concept of State aid — Advantage — Effect on trade between Member States — Distortion of competition
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 22 April 2016
ECLI:EU:T:2016:227 (Appeal: Case before the Court of Justice C-369/16 P) (Appeal: Case before the Court of Justice C-373/16 P) |
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Case T-56/06 RENV II France v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Legitimate expectations — Legal certainty — Reasonable time
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 22 April 2016
ECLI:EU:T:2016:228 |
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Case T-60/06 RENV II Italy v Commission
State aid — Directive 92/81/EEC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise — Selective nature of the measure — Aid which may be considered compatible with the common market — Community guidelines on State aid for environmental protection — Guidelines on national regional aid 1998 — Legitimate expectations — Legal certainty — Principle lex specialis derogat legi generali — Principles of presumption of legality and of the effet utile of acts of the institutions — Principle of sound administration — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (First Chamber, Extended Composition) of 22 April 2016
ECLI:EU:T:2016:233 (Appeal: Case before the Court of Justice C-323/16 P) |
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Case T-221/08 Strack v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation file — Action for annulment — Implied and express refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the decision-making process — Duty to state reasons — Non-contractual liability
Language of the case: German
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Judgment of the General Court (First Chamber) of 26 April 2016 (Extracts)
ECLI:EU:T:2016:242 |
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Case T-556/11 European Dynamics Luxembourg and Others v EUIPO
Public service contracts — Tendering procedure — Software development and maintenance services — Rejection of a tenderer’s bid — Classification of a tenderer in the cascade procedure — Grounds for exclusion — Conflict of interest — Equal treatment — Duty of diligence — Award criteria — Manifest error of assessment — Duty to state reasons — Non-contractual liability — Loss of opportunity
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 27 April 2016 (Extracts)
ECLI:EU:T:2016:248 (Appeal: Case before the Court of Justice C-379/16 P) (Appeal: Case before the Court of Justice C-376/16 P) |
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Case T-463/14 Österreichische Post v Commission
Directive 2004/17/EC — Procurement procedures in the water, energy, transport and postal services sectors — Implementing decision exempting certain services in the postal sector in Austria from the application of Directive 2004/17 — Article 30 of Directive 2004/17 — Duty to state reasons — Manifest error of assessment
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 27 April 2016
ECLI:EU:T:2016:243 |
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Case T-52/15 Sharif University of Technology v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Support for the Government of Iran — Research and technical development in military or military-related fields — Rights of the defence — Right to effective judicial protection — Error of law and error of assessment — Right to property — Proportionality — Misuse of powers — Claim for damages
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 28 April 2016
ECLI:EU:T:2016:254 (Appeal: Case before the Court of Justice C-385/16 P) |
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Information (on unpublished decisions)
Case T-10/16 R GABO:mi v Commission
Application for interim measures — Grants — Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting the repayment of part of the grants awarded — Debit note — Application for suspension of operation — Admissibility — Lack of urgency
Case T-613/14 Industrias Tomás Morcillo v EUIPO – Aucar Trailer (Polycart A Whole Cart Full of Benefits)
EU trade mark — Opposition proceedings — Application for European Union figurative mark Polycart A Whole Cart Full of Benefits — Earlier European Union figurative mark POLICAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-644/14 R ADR Center v Commission
Application for interim measures — Arbitration clause — Agreements concluded for the purpose of carrying out projects subsidised by the European Union within the framework of the ‘Civil Justice’ programme — Enforceable decision of the Commission to recover the sums paid — Application for suspension of operation of a measure — Lack of urgency
Case T-364/15 R ADR Center v Commission
Application for interim measures — Arbitration clause — Agreements concluded for the purpose of carrying out projects subsidised by the European Union within the framework of the ‘Civil Justice’ programme — Enforceable decision of the Commission to recover the sums paid — Application for suspension of operation of a measure — Lack of urgency
Case T-638/14 Frinsa del Noroeste v EUIPO – Frisa Frigorífico Rio Doce (FRISA)
EU trade mark — Opposition procedure — Application for the European Union figurative mark FRISA — Earlier European Union figurative mark Frinsa — Relative ground for refusal — Genuine use of the earlier trademark — Submission of new facts and evidence in support of an appeal brought before the General Court — Power to alter decisions — Article 42(2) and (3), Article 65 and final part of Article 76(1) of Regulation (EC) No 207/2009 — Rule 22, paragraphs 2 to 4, of Regulation (EC) No 2868/95
Case T-8/15 Auyantepui Corp. v EUIPO – Magda Rose (Mr Jones)
EU trade mark — Opposition proceedings — Application for European Union figurative mark Mr Jones — Earlier international figurative mark Jones — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-361/15 Choice v EUIPO (Choice chocolate & ice cream)
EU trade mark — Application for the European Union figurative mark Choice chocolate & ice cream — Absolute ground for refusal — Descriptive Character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-81/15 Facchinello v EUIPO – Olimpia Splendid (Synthesis)
EU trade mark — Revocation proceedings — EU figurative mark Synthesis — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Evidence presented for the first time before the General Court
Case T-41/16 R Cyprus Turkish Chamber of Industry and Others v Commission
Application for interim measures — Procedure for registration of a protected designation of origin — ‘Halloumi’ or ‘Hellim’ — Rejection of opposition — Application for suspension of operation of a measure — No urgency
Case T-200/14 Ben Ali v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Legal basis — Inclusion of the name of the applicant on the basis of new grounds following the annulment of the earlier freezing of funds measures — Obligation to state reasons — Right to property — Proportionality — Error of fact — Rights of the defence — Right to effective judicial protection — Misuse of powers — Right to life — Right to a family life — Non-contractual liability
Case T-295/15 Zhang v EUIPO – K & L Ruppert Stiftung (Anna Smith)
EU trade mark — Opposition proceedings — Application for the EU word mark Anna Smith — Earlier EU word mark SMITH — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-198/14 100 % Capri Italia v EUIPO – IN.PRO.DI (100 % Capri)
EU trade mark — Opposition proceedings — Application for EU figurative mark 100% Capri — Earlier EU figurative mark CAPRI — Relative ground for refusal — Distinctive character — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 19 April 2016 ECLI:EU:T:2016:222 (Appeal: Case before the Court of Justice C-351/16 P) |
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Case T-326/14 Novomatic v EUIPO – Granini France (HOT JOKER)
EU trade mark — Opposition proceedings — Application for the EU figurative mark HOT JOKER — Earlier national figurative mark Joker — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 19 April 2016 ECLI:EU:T:2016:221 (Appeal: Case before the Court of Justice C-342/16 P) |
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Case T-261/15 Spirig Pharma v EUIPO (Daylong)
EU trade mark — Application for EU figurative trade mark Daylong — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-550/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
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Order of the General Court (Eighth Chamber) of 19 April 2016 ECLI:EU:T:2016:237 (Appeal: Case before the Court of Justice C-337/16 P) |
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Case T-551/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
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Order of the General Court (Eighth Chamber) of 19 April 2016 ECLI:EU:T:2016:238 (Appeal: Case before the Court of Justice C-338/16 P) |
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Case T-556/15 Portugal v Commission
Action for annulment — EAGF and EAFRD — Period within which proceedings must be commenced — Point from which time starts to run — Delay — Inadmissibility
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Order of the General Court (Eighth Chamber) of 19 April 2016 ECLI:EU:T:2016:239 (Appeal: Case before the Court of Justice C-339/16 P) |
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Case T-326/15 Dima v EUIPO (Shape of a box consisting of two open cubes)
EU trade mark — Application for a three-dimensional EU trade mark — Form of a box consisting of two open cubes — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-383/15 Dima v EUIPO (Shape of an open cuboid box)
EU trade mark — Application for a three-dimensional EU trade mark — Form of an open cubic box — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-539/13 Inclusion Alliance for Europe v Commission
Action for annulment — Seventh framework programme for research and technological development including demonstration activities (2007-2013) — MARE, Senior and ECRN projects — Recovery of a share of the financial contribution paid — Enforcement decision — Nature of the pleas relied on — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 21 April 2016 ECLI:EU:T:2016:235 (Appeal: Case before the Court of Justice C-378/16 P) |
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Case T-140/16 R Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
Case T-238/14 EGBA and RGA v Commission
Action for annulment — State aid — Gambling and betting — Aid envisaged by France for horse-racing companies — Parafiscal levy collected on online horse-race betting — Decision declaring the aid to be compatible with the internal market — Association — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T-21/15 Franmax v EUIPO – Ehrmann (Dino)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Dino — Earlier EU figurative trade mark representing a dinosaur — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 26 April 2016 ECLI:EU:T:2016:241 (Appeal: Case before the Court of Justice C-361/16 P) |
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Case T-316/13 Pappalardo and Others v Commission
Non-contractual liability — Fisheries — Conservation of fisheries resources — Reconstitution of stocks of bluefin tuna — Emergency measures prohibiting fishing by purse seiners — Sufficiently serious infringement of a rule of law conferring rights on individuals
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Judgment of the General Court (Third Chamber) of 27 April 2016 ECLI:EU:T:2016:247 (Appeal: Case before the Court of Justice C-350/16 P) |
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Case T-154/14 ANKO v Commission
Arbitration clause — Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Perform and Oasis projects — Eligible costs — Reimbursement of sums paid — Counter-claim — Default interest
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Judgment of the General Court (Third Chamber) of 27 April 2016 ECLI:EU:T:2016:246 (Appeal: Case before the Court of Justice C-6/17 P) |
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Case T-155/14 ANKO v Commission
Arbitration clause — Subsidy contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Persona and Terregov projects — Eligible costs — Reimbursement of sums paid — Counter-claim — Default interest
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Judgment of the General Court (Third Chamber) of 27 April 2016 ECLI:EU:T:2016:245 (Appeal: Case before the Court of Justice C-7/17 P) |
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Case T-89/15 Niagara Bottling v EUIPO (NIAGARA)
EU trade mark — International registration designating the European Union — Word mark NIAGARA — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-310/15 European Union Copper Task Force v Commission
Action for annulment — Plant-protection products — Implementing Regulation (EU) 2015/408 — Establishment of a list of candidates for substitution — Inclusion of copper compounds on that list — Lack of individual concern — Regulatory measure comprising implementing measures — Inadmissible
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Order of the General Court (Third Chamber) of 27 April 2016 ECLI:EU:T:2016:265 (Appeal: Case before the Court of Justice C-384/16 P) |
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Case T-267/14 Zehnder Group International v EUIPO – Stiebel Eltron (comfotherm)
EU trade mark — Invalidity proceedings — EU word mark comfotherm — Earlier national word mark KOMFOTHERM — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the goods — Relevant public — Interdependence of factors
Case T-777/14 Fon Wireless v EUIPO – Henniger (Neofon)
EU trade mark — Opposition proceedings — Application for EU word mark Neofon — Earlier national word mark FON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-803/14 Gervais Danone v EUIPO – Mahou (B'lue)
EU trade mark — Opposition proceedings — Application for the EU figurative mark B’lue — Earlier EU word mark BLU DE SAN MIGUEL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-54/15 Jääkiekon SM-liiga v EUIPO (Liiga)
EU trade mark — Application for EU figurative mark Liiga — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009
Case T-144/15 L'Oréal v EUIPO – Theralab (VICHY LABORATOIRES V IDÉALIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark VICHY LABORATOIRES V IDÉALIA — Earlier EU word mark IDEALINA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 28 April 2016 ECLI:EU:T:2016:249 (Appeal: Case before the Court of Justice C-371/16 P) |
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May 2016
Case T-529/13 Izsák and Dabis v Commission
Law governing the institutions — European citizens’ initiative — Cohesion policy — National minority regions — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
Language of the case: Hungarian
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Judgment of the General Court (First Chamber) of 10 May 2016
ECLI:EU:T:2016:282 (Appeal: Case before the Court of Justice C-420/16 P) |
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Case T-693/13 Mikhalchanka v Council
Common foreign and security policy — Restrictive measures taken against Belarus — Freezing of funds and economic resources — Restrictions on entry into, or transit through, the territory of the European Union — Retention of the applicant’s name on the list of persons concerned — Journalist — Rights of defence — Obligation to state reasons — Error of assessment
Language of the case: French
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Judgment of the General Court (First Chamber) of 10 May 2016 (Extracts)
ECLI:EU:T:2016:283 |
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Case T-47/15 Germany v Commission
State aid — Renewable energy — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources
Language of the case: German
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Judgment of the General Court (Third Chamber) of 10 May 2016
ECLI:EU:T:2016:281 (Appeal: Case before the Court of Justice C-405/16 P) |
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Case T-384/14 Italy v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Cattle and sheep sectors — Flat-rate financial correction — One-off correction — Articles 48 and 69 of Regulation (EC) No 1782/2003 — Special entitlements — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 12 May 2016 (Extracts)
ECLI:EU:T:2016:298 |
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Case T-468/14 Holistic Innovation Institute v Commission
Financial support — Research — Seventh Framework Programme for Research and Technical Development (2007-2013) — eDIGIREGION project — Commission decision refusing participation of an undertaking — Action for annulment — Time limit for bringing an action — Point from which time starts to run — Inadmissibility — Non-contractual liability — Non-material damage — Sufficiently serious breach of a rule of law conferring rights on individuals
Language of the case: Spanish
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Judgment of the General Court (Sixth Chamber) of 12 May 2016
ECLI:EU:T:2016:296 (Appeal: Case before the Court of Justice C-411/16 P) |
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Case T-32/15 GRE v EUIPO (Mark1)
EU trade mark — Application for EU figurative mark Mark1 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 12 May 2016
ECLI:EU:T:2016:287 |
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Joined Cases T-423/13 and T-64/14 Good Luck Shipping v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with the aim of preventing nuclear proliferation in Iran — Freezing of funds — Error of law — Legal basis — Error of assessment — No evidence
Language of the case: English
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Judgment of the General Court (Second Chamber) of 24 May 2016
ECLI:EU:T:2016:308 |
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Case T-126/15 El Corte Inglés v EUIPO – Grup Supeco Maxor (Supeco)
EU trade mark — Opposition proceedings — Application for EU figurative mark Supeco — Earlier EU figurative mark SUPER COR — Relative ground for refusal — Likelihood of confusion — Extent of the examination carried out by the Board of Appeal — Goods and services on which the opposition is based — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 15(2)(f) of Regulation (EC) No 2868/95 — Communication No 2/12
Language of the case: French
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Judgment of the General Court (Second Chamber) of 24 May 2016
ECLI:EU:T:2016:307 |
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Case T-226/14 Commission v McCarron Poultry
Arbitration clause — Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002) — Contract relating to ‘Energy, environment and sustainable development’ — Termination of the contract — Reimbursement of part of the amount advanced — Default interest — Procedure by default
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 25 May 2016
ECLI:EU:T:2016:313 |
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Joined Cases T-479/11 and T-157/12 France and IFP Énergies nouvelles v Commission
State aid — Oil exploration — Implied and unlimited State guarantee conferred on the Institut français du pétrole (IFP) by the grant of the status of publicly-owned industrial and commercial establishment (EPIC) — Advantage — Presumption of an advantage
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 26 May 2016
ECLI:EU:T:2016:320 (Appeal: Case before the Court of Justice C-438/16 P) |
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Case T-110/15 International Management Group v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an OLAF investigation — Access refused — Exception concerning the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Category of documents
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 26 May 2016
ECLI:EU:T:2016:322 |
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Information (on unpublished decisions)
Case T-63/14 Iran Insurance v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality
Case T-68/14 Post Bank Iran v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Article 46(2) of Regulation (EU) No 267/2012 — Article 215 TFEU — Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP — Article 23(2)(d) of Regulation No 267/2012 — Fundamental rights — Articles 2 TEU, 21 TEU and 23 TEU — Articles 17 and 52 of the Charter of Fundamental Rights — Error of assessment — Equal treatment — Non-discrimination — Principle of sound administration — Obligation to state reasons — Misuse of powers — Legitimate expectations — Proportionality
Case T-454/15 Laboratorios Ern v EUIPO – Werner (Dynamic Life)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dynamic Life — Earlier national word mark DYNAMIN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-503/15 Aranynektár v EUIPO – Naturval Apícola (Natür-bal)
EU trade mark — Opposition proceedings — Application for EU word mark Natür-bal — Earlier EU word mark NATURVAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-193/15 Bodegas Williams & Humbert v EUIPO – Central Hisumer (BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN)
EU trade mark — Opposition proceedings — Application for EU figurative mark BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN — Earlier EU word mark THE BOTANICALS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-806/14 August Storck v EUIPO (Representation of white and blue square-shaped packaging)
EU trade mark — International registration designating the European Union — Figurative mark representing white and blue square-shaped packaging — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 10 May 2016 ECLI:EU:T:2016:284 (Appeal: Case before the Court of Justice C-417/16 P) |
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Case T-324/15 Volkswagen v EUIPO – Andrã (BAG PAX)
EU trade mark — Revocation proceedings — EU word mark BAG PAX — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Joined Cases T-322/14 and T-325/14 mobile.international v EUIPO – Rezon (mobile.de)
EU trade mark — Invalidity proceedings — EU word and figurative trade marks mobile.de — Earlier national figurative mark mobile — Genuine use of the earlier mark — Article 15(1), Article 57(2) and Article 76(2) of Regulation (EC) No 207/2009 — Rule 40(6) of Regulation (EC) No 2868/95
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Judgment of the General Court (Eighth Chamber) of 12 May 2016 ECLI:EU:T:2016:297 (Appeal: Case before the Court of Justice C-418/16 P) |
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Case T-590/14 Zuffa v EUIPO (ULTIMATE FIGHTING CHAMPIONSHIP)
EU trade mark — Application for the EU word mark ULTIMATE FIGHTING CHAMPIONSHIP — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Distinctive character acquired through use — Obligation to state reasons — Relevant public — Article 7(1)(b) and (c), (2) and (3) and Article 75 of Regulation (EC) No 207/2009
Case T-643/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONIC)
EU trade mark — Opposition proceedings — Application for the EU word mark ABTRONIC — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-669/14 Trioplast Industrier v Commission
Competition — Agreements, decisions and concerted practices — Market in industrial plastic bags — Action for annulment — Challengeable act — Admissibility — Action for damages — Default interest — Concept of a debt which is certain, of a fixed amount and due — Proportionality — Legal certainty — Principle that penalties must be specific to the individual and to the offence — Lack of legal basis — Article 266 TFEU — Causal link
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Judgment of the General Court (Seventh Chamber) of 12 May 2016 ECLI:EU:T:2016:285 (Appeal: Case before the Court of Justice C-364/16 P) |
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Case T-693/14 Hamr - Sport v Commission
State aid — Sports facilities provided by non-profit organisations — Operating or investment subsidies seeking to enable the construction, operation, maintenance, reconstruction or development of sports facilities which are non-profit — Decision declaring the aid to be compatible with the internal market — Article 107(3)(c) TFEU — Action for annulment — Individual concern — Concept of interested party — Admissibility — No effect on trading conditions to an extent contrary to the common interest — No doubts which justify initiating the formal investigation procedure
Case T-749/14 Chung-Yuan Chang v EUIPO – BSH Hausgeräte (AROMA)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark AROMA — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 12 May 2016 ECLI:EU:T:2016:286 (Appeal: Case before the Court of Justice C-389/16 P) |
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Case T-750/14 Ivo-Kermartin v EUIPO – Ergo Versicherungsgruppe (ELGO)
EU trade mark — Opposition proceedings — Application for EU word mark ELGO — Earlier EU word and figurative marks ERGO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Successive restrictions on the application for registration — Article 43(1) of Regulation No 207/2009 — Second sentence of Article 75 of Regulation No 207/2009 — Right to be heard — Rule 69 of Regulation (EC) No 2868/95
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Judgment of the General Court (Eighth Chamber) of 12 May 2016 ECLI:EU:T:2016:290 (Appeal: Case before the Court of Justice C-687/16 P) |
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Case T-775/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONIC)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ABTRONIC — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-776/14 Red Lemon v EUIPO – Lidl Stiftung (ABTRONICX2)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ABTRONICX2 — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion
Case T-844/14 GRE v EUIPO (Mark1)
EU trade mark — Application for EU figurative mark Mark1 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-298/15 Atlas v EUIPO (EFEKT PERLENIA)
EU trade mark — Application for the EU figurative mark EFEKT PERLENIA — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-62/15 Market Watch v EUIPO – El Corte Inglés (MITOCHRON)
EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier EU figurative mark mito — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Fourth Chamber) of 13 May 2016 ECLI:EU:T:2016:304 (Appeal: Case before the Court of Justice C-401/16 P) |
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Case T-312/15 Market Watch v EUIPO – Glaxo Group (MITOCHRON)
EU trade mark — Opposition proceedings — Application for EU word mark MITOCHRON — Earlier national word mark MIVACRON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Fourth Chamber) of 13 May 2016 ECLI:EU:T:2016:303 (Appeal: Case before the Court of Justice C-402/16 P) |
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Case T-601/15 CEVA v Commission
Arbitration clause — Technological research and development project in the area entitled ‘Algae grown from sustainable aquaculture as raw material for biodegradable bioplastics’ — SEABIOPLAS contract — Demand for payment of the financial contribution due — Offsetting — Period allowed for commencing proceedings — Delay — No interest in bringing proceedings — Inadmissibility
Case T-754/14 R Efler and Others v Commission
Interim measures — Law governing the institutions — European citizens’ initiative — Refusal of registration — Application for interim measures — Inadmissibility
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Order of the President of the General Court of 23 May 2016 ECLI:EU:T:2016:306 (Appeal: Case before the Court of Justice C-400/16 P(R)) |
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Case T-235/15 R Pari Pharma v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Order granting suspension of operation of the decision to grant a third party access to the documents — Application for cancellation — No change in circumstances — Article 159 of the Rules of Procedure of the General Court
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Order of the President of the General Court of 23 May 2016 ECLI:EU:T:2016:309 (Appeal: Case before the Court of Justice C-406/16 P(R)) |
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Case T-753/14 Ice Mountain Ibiza v EUIPO – Etyam (ocean beach club ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean beach club ibiza — Earlier national figurative and word marks ocean drive Ibiza-hotel and OCEAN THE GROUP — Annulment of the earlier mark on which the contested decision was based — No need to adjudicate
Case T-805/14 Stagecoach Group v EUIPO (MEGABUS.COM)
European Union trade mark — Application for a European Union word mark MEGABUS.COM — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Action manifestly inadmissible and manifestly lacking any foundation in law
Case T-5/15 Ice Mountain Ibiza v EUIPO – Marbella Atlantic Ocean Club (ocean beach club ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean beach club ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 25 May 2016 ECLI:EU:T:2016:311 (Appeal: Case before the Court of Justice C-412/16 P) |
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Case T-6/15 Ice Mountain Ibiza v EUIPO – Marbella Atlantic Ocean Club (ocean ibiza)
EU trade mark — Opposition proceedings — Application for EU figurative mark ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 25 May 2016 ECLI:EU:T:2016:310 (Appeal: Case before the Court of Justice C-413/16 P) |
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Cases T-422/15 and T-423/15 U-R LAB v EUIPO (THE DINING EXPERIENCE)
European Union trade mark — Application for European Union figurative and word marks THE DINING EXPERIENCE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
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Judgment of the General Court (Fifth Chamber) of 25 May 2016 ECLI:EU:T:2016:314 (Appeal: Case before the Court of Justice C-450/16 P) |
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Case T-581/15 Syndial v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure against Italy — Possible non-compliance with Directives 2011/92/EU and 1999/13/EC — Reclamation of a former industrial site (Cengio-Saliceto) — Refusal of access — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 25 May 2016 ECLI:EU:T:2016:337 (Appeal: Case before the Court of Justice C-410/16 P) |
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Case T-99/15 Sfera Joven v EUIPO – Las banderas del Mediterráneo (NOOSFERA)
EU trade mark — Opposition proceedings — EU word mark NOOSFERA — Earlier national word and figurative marks SFERA, Sfera colours and sfera CENTROS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-254/15 Aldi Einkauf v EUIPO – Dyado Liben (Casale Fresco)
EU trade mark — Opposition proceedings — Application for EU word mark Casale Fresco — Earlier EU word mark FREZCO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-331/15 Bimbo v EUIPO (THE SNACK COMPANY)
European Union trade mark — Application for European Union figurative mark THE SNACK COMPANY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Articles 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-454/14 Warimex v EUIPO (STONE)
EU trade mark — Application for EU figurative mark STONE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-301/15 Jochen Schweizer v EUIPO (Du bist, was du erlebst.)
EU trade mark — Application for EU word mark Du bist, was du erlebst. — Absolute ground for refusal — Mark consisting of an advertising slogan — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
June 2016
Case T-662/14 Hungary v Commission
Common agricultural policy — Direct payments — Additional criteria for ecological focus areas with short rotation coppice — Article 45(8) of the Delegated Regulation (EU) No 639/2014 — Article 46(9)(a) of Regulation (EU) No 1307/2013 — Misuse of power — Legal certainty — Non-discrimination — Legitimate expectations — Right to property — Obligation to state reasons
Language of the case: Hungarian
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Judgment of the General Court (Fourth Chamber) of 1 June 2016 (Extracts)
ECLI:EU:T:2016:328 |
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Cases T-426/10 to T-429/10 and T-438/12 to T-441/12 Moreda-Riviere Trefilerías and Others v Commission
Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Price fixing, market sharing and the exchange of commercially sensitive information — Decision finding an infringement of Article 101 TFEU — Economic unit — Direct participation in the infringement — Secondary liability of parent companies — Succession of undertakings — Complex infringement – Single and continuous infringement — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity and principle that penalties must be lawful — Mitigating circumstances — Ability to pay — Rights of the defence — Obligation to state reasons — Request for reconsideration — No change in the factual circumstances — Letter of rejection — Inadmissibility
Language of the case: Spanish
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Judgment of the General Court (Sixth Chamber) of 2 June 2016 (Extracts)
ECLI:EU:T:2016:335 (Appeal: Case before the Court of Justice C-454/16 P) (Appeal: Case before the Court of Justice C-461/16 P) (Appeal: Case before the Court of Justice C-457/16 P) (Appeal: Case before the Court of Justice C-455/16 P) (Appeal: Case before the Court of Justice C-459/16 P) (Appeal: Case before the Court of Justice C-458/16 P) (Appeal: Case before the Court of Justice C-460/16 P) (Appeal: Case before the Court of Justice C-456/16 P) |
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Case T-160/13 Bank Mellat v Council
Common foreign and security policy — Restrictive measures against Iran — Restrictions on transfers of funds involving Iranian financial institutions — Jurisdiction of the General Court — Action for annulment — Regulatory act not entailing implementing measures — Whether directly concerned — Interest in bringing proceedings — Admissibility — Proportionality — Obligation to state reasons — Legal safeguards as referred to in Article 215(3) TFEU — Legal certainty — Non-arbitrariness — Breach of fundamental rights
Language of the case: English
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Judgment of the General Court (First Chamber) of 2 June 2016
ECLI:EU:T:2016:331 (Appeal: Case before the Court of Justice C-430/16 P) |
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Case T-723/14 HX v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Modification of the form of order sought — Error of assessment
Language of the case: Bulgarian
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Judgment of the General Court (Seventh Chamber) of 2 June 2016 (Extracts)
ECLI:EU:T:2016:332 (Appeal: Case before the Court of Justice C-423/16 P) |
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Case T-583/15 Monster Energy v EUIPO (Representation of a peace symbol)
EU trade mark — Application for an EU figurative mark representing a peace symbol — Application for restitutio in integrum — Non-compliance with the time limit for bringing an action before the General Court
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 June 2016
ECLI:EU:T:2016:338 |
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Case T-276/13 Growth Energy and Renewable Fuels Association v Council
Dumping — Imports of bioethanol originating in the United States — Definitive anti-dumping duty — Action for annulment — Association — Members not directly concerned — Inadmissibility — Countrywide anti-dumping duty — Individual treatment — Sampling — Rights of the defence — Non-discrimination — Duty of diligence
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 9 June 2016
ECLI:EU:T:2016:340 (Appeal: Case before the Court of Justice C-465/16 P) |
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Case T-122/14 Italy v Commission
Failure to comply with a judgment of the Court of Justice finding that a Member State has failed to fulfil its obligations — Periodic penalty payment — Judgment quantifying the amount of the periodic penalty payment — Method of calculating the interest applicable to the recovery of unlawful aid — Compound interest
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 9 June 2016
ECLI:EU:T:2016:342 |
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Case T-381/14 Pshonka v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
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Order of the General Court (Ninth Chamber) of 10 June 2016
ECLI:EU:T:2016:361 |
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Case T-494/14 Klymenko v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
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Order of the General Court (Ninth Chamber) of 10 June 2016
ECLI:EU:T:2016:360 |
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Case T-118/13 Whirlpool Europe v Commission
Actions for annulment — State aid — Household appliances — Restructuring aid — Decision declaring the aid compatible with the internal market, subject to compliance with certain conditions — Decision taken following the annulment by the Court of the earlier decision concerning the same procedure — Lack of individual concern — No substantial effect on the competitive position — Inadmissibility
Language of the case: English
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Judgment of the General Court (Second Chamber) of 22 June 2016
ECLI:EU:T:2016:365 |
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Case T-43/16 1&1 Telecom v Commission
Action for annulment — Signature of the application initiating proceedings — Articles 76 and 77 of the Rules of Procedure — Rejection of the plea of inadmissibility
Language of the case: English
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Order of the General Court (Third Chamber) of 22 June 2016
ECLI:EU:T:2016:402 |
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Case T-590/15 Onix Asigurări v EIOPA
Action for failure to act, for annulment and for damages — Application for an investigation to be initiated into alleged infringement of EU law — Decision of the chairman of EIOPA not to initiate an investigation — Decision of the Board of Appeal to dismiss the complaint as inadmissible — Time-limits for bringing proceedings — Act not open to challenge — Infringement of essential procedural requirements — Action in part manifestly inadmissible and in part manifestly lacking any legal basis
Language of the case: Romanian
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Order of the General Court (Second Chamber) of 24 June 2016
ECLI:EU:T:2016:374 |
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Case T-810/14 Portugal v Commission
Failure to comply with a judgment of the Court of Justice finding that a State has failed to fulfil its obligations — Penalty payment — Decision quantifying the penalty payment — Repeal of national legislation incompatible with EU law — Date on which the infringement was brought to an end — Annulment of an earlier decision quantifying a penalty payment imposed in compliance with the same judgment of the Court of Justice — Res judicata — Action manifestly lacking any foundation in law
Language of the case: Portuguese
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Order of the General Court (Sixth Chamber) of 27 June 2016
ECLI:EU:T:2016:417 |
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Case T-208/13 Portugal Telecom v Commission
Competition — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo — Legal safeguard ‘to the extent permitted by law’ — Obligation to state reasons — Infringement by subject-matter — Ancillary restriction — Potential competition — Infringement by effects — Calculation of the amount of the fine — Request for examination of witnesses
Language of the case: Portuguese
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Judgment of the General Court (Second Chamber) of 28 June 2016
ECLI:EU:T:2016:368 |
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Case T-216/13 Telefónica v Commission
Competition — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause with respect to the Iberian market inserted in the contract for the acquisition by Telefónica of Portugal Telecom’s share in the Brazilian mobile telephone operator Vivo — Legal safeguard ‘to the extent permitted by law’ — Infringement by subject-matter — Ancillary restriction — Autonomy of the applicant’s conduct — Potential competition — Infringement by effects — Calculation of the amount of the fine — Request for examination of witnesses
Language of the case: Spanish
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Judgment of the General Court (Second Chamber) of 28 June 2016
ECLI:EU:T:2016:369 (Appeal: Case before the Court of Justice C-487/16 P) |
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Case T-567/14 Group v EUIPO – Iliev (GROUP Company TOURISM & TRAVEL)
EU trade mark — Opposition proceedings — Application for European Union figurative mark GROUP Company TOURISM & TRAVEL — Earlier, non-registered national figurative marks GROUP Company TOURISM & TRAVEL — Relative ground for refusal — Application of national law — Article 8(4) of Regulation (EC) No 207/2009 — Evidence establishing the content of the national right — Rule 19(2)(d) of Regulation (EC) No 2868/95 — Failure to take account of evidence adduced before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009
Language of the case: Bulgarian
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Judgment of the General Court (Fourth Chamber) of 29 June 2016
ECLI:EU:T:2016:371 (Appeal: Case before the Court of Justice C-478/16 P) |
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Case T-424/13 Jinan Meide Casting v Council
Dumping — Importations of threaded tube or pipe cast fittings, of malleable cast iron originating in China — Definitive anti-dumping duty — Confidential treatment of the normal value calculations — Information provided in good time — Time limit for adopting a decision on market economy treatment — Rights of the defence — Equal treatment — Principle of non-retroactivity — Article 2(7) to (11), Article 3(1) to (3), Article 6(7), Article 19(1) and (5), and Article 20(2) and (4), of Regulation (EC) No 1225/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 30 June 2016
ECLI:EU:T:2016:378 |
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Information (on unpublished decisions)
Case T-292/12 RENV Mega Brands v EUIPO - Diset (MAGNEXT)
European Union trade mark — Opposition proceedings — Application for European Union word mark MAGNEXT — Earlier national word mark MAGNET 4 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-34/15 Wolf Oil v EUIPO – SCT Lubricants (CHEMPIOIL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Examination of the facts of the Office’s own motion — Obligation to state reasons — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009
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Judgment of the General Court (Single Judge) of 1 June 2016 ECLI:EU:T:2016:330 (Appeal: Case before the Court of Justice C-437/16 P) |
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Case T-240/15 Grupo Bimbo v EUIPO (Shape of a bar with four circles)
European Union trade mark — Application for three-dimensional European Union trade mark — Shape of a bar with four circles — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Rights of the defence — Article 75 of Regulation No 207/2009 — Obligation to state reasons
Joined Cases T-510/14 and T-536/14 Staywell Hospitality Group v EUIPO – Sheraton International IP (PARK REGIS) and Sheraton International IP v EUIPO – Staywell Hospitality Group (PARK REGIS)
European Union trade mark — Opposition proceedings — Application for European Union figurative mark PARK REGIS — Earlier European Union figurative mark ST. REGIS — Partial refusal to register — Article 64(1) of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 2 June 2016 ECLI:EU:T:2016:333 (Appeal: Case before the Court of Justice C-440/16 P) |
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Case T-654/14 Revolution v EUIPO (REVOLUTION)
EU trade mark — Application for EU word mark REVOLUTION — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-220/15 Beele Engineering v EUIPO (WE CARE)
EU trade mark — Application for the EU figurative mark WE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-222/15 Beele Engineering v EUIPO (WE CARE)
EU trade mark — Application for the EU figurative mark WE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-178/15 Kohrener Landmolkerei and DHG v Commission
System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Letter from the Commission informing the competent national authorities of their late lodging of their opposition measure — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 8 June 2016 ECLI:EU:T:2016:358 (Appeal: Case before the Court of Justice C-446/16 P) |
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Case T-585/15 Monster Energy v EUIPO (GREEN BEANS)
EU trade mark — Application for the EU word mark GREEN BEANS — Application for restitutio in integrum — Non-compliance with the time limit for bringing an action before the General Court
Case T-162/13 Magic Mountain Kletterhallen and Others v Commission
State aid — Aid for the construction and operation of climbing centres of Deutscher Alpenverein eV — Decision declaring the aid compatible with the internal market — Aid scheme — More detailed economic analysis — Market failure — Legitimate objective in the public interest — Article 108(2) and (3) TFEU — Serious difficulties
Case T-277/13 Marquis Energy v Council
Dumping — Imports of bioethanol originating in the United States — Definitive anti-dumping duty — Action for annulment — Direct concern — Admissibility — Countrywide anti-dumping duty — Individual treatment — Sampling
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Judgment of the General Court (Fifth Chamber) of 9 June 2016 ECLI:EU:T:2016:343 (Appeal: Case before the Court of Justice C-466/16 P) |
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Case T-825/14 IREPA v Commission and Court of Auditors
Action for annulment — Fishing — Italian National Fisheries Data Collection Programme for the period 2009-2010 — Recovery of a part of the advances paid to the applicant — Court of Auditors’ preliminary report — Measure not open to challenge — Preparatory measure — Pre-information letters — Debit note — Fourth paragraph of Article 263 TFEU — Lack of direct concern — Inadmissibility
Case T-380/14 Pshonka v Council
Action for annulment — Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Period allowed for commencing proceedings — Admissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Case T-732/15 RII ICA Laboratories and Others v Commission
Application for interim measures — Environment — Consumer protection — Regulation fixing maximum residue levels for guazatine — Application for suspension of operation of a measure — New application — No new facts — No urgency
Case T-789/14 Staatliche Porzellan-Manufaktur Meissen v EUIPO – Meissen Keramik (MEISSEN)
EU trade mark — Opposition proceedings — Application for EU figurative mark MEISSEN — Earlier EU and national word and figurative marks MEISSEN, MEISSENER PORZELLAN, HAUS MEISSEN, Meissen and Meissener Porzellan — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Distinctive character and reputation of the earlier marks — Article 8(5) of Regulation No 207/2009 — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1) of Regulation No 207/2009
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Judgment of the General Court (Third Chamber) of 14 June 2016 ECLI:EU:T:2016:349 (Appeal: Case before the Court of Justice C-471/16 P) |
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Case T-385/15 Loops v EUIPO (Shape of a toothbrush)
EU trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a toothbrush — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-595/15 Europäischer Tier- und Naturschutz and Giesen v Commission
Action for annulment — Alleged refusal to submit a legislative proposal for the establishment of a European law association — Act not amenable to review — Manifest inadmissibility
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Order of the General Court (Third Chamber) of 14 June 2016 ECLI:EU:T:2016:362 (Appeal: Case before the Court of Justice C-343/16 P) |
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Case T-614/14 Fútbol Club Barcelona v EUIPO – Kule (KULE)
European Union trade mark — Opposition proceedings — Application for European Union word mark KULE — Earlier national word marks and well-known mark CULE — Relative grounds for refusal — No genuine use of the earlier trade marks — Article 42(2) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Article 8(5) of Regulation No 207/2009
Case T-629/15 Hako v EUIPO (SCRUBMASTER)
EU trade mark — Application for EU word mark SCRUBMASTER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-652/14 AF Steelcase v EUIPO
Public service contracts — Tender procedure — Supply and installation of furniture and accessories at EUIPO’s head offices — Rejection of a tenderer’s tender — Action for annulment — Award decision — No direct concern — Inadmissibility — Obligation to state reasons — Principle of sound administration — Proportionality — System for excluding tenders — Non-contractual liability — Material damage — Non-material damage
Case T-656/14 Peri v EUIPO (Shape of a formwork coupler)
EU trade mark — Application for three-dimensional EU trade mark — Shape of a formwork coupler — Absolute ground for refusal — Sign consisting exclusively of the shape of the product required to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T-134/15 salesforce.com v EUIPO (SOCIAL.COM)
European Union trade mark — Application for European Union word mark SOCIAL.COM — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Joined Cases T-727/14 and T-728/14 Universal Protein Supplements v EUIPO – H Young Holdings (animal)
EU trade mark — Invalidity proceedings — EU figurative marks animal — Unregistered earlier national word mark ANIMAL — Relative ground for refusal — Application of national law by EUIPO — Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 — Particulars of the right on which the application for a declaration of invalidity is based — Rule 37(b)(ii) of Regulation (EC) No 2868/95
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Judgment of the General Court (Fourth Chamber) of 29 June 2016 ECLI:EU:T:2016:372 (Appeal: Case before the Court of Justice C-485/16 P) |
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Case T-491/07 RENV CB v Commission
Competition — Decision by an association of undertakings — Market for the issue of payment cards in France — Decision finding an infringement of Article 81 EC — Pricing measures applicable to ‘new entrants’ — Membership fee, mechanism for ‘regulating the acquiring function’, and ‘dormant member “wake-up” mechanism’ — Relevant market — Restriction of competition by effect — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty
Case T-516/13 CW v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds –Inclusion of the applicant’s name on the basis of new grounds following the annulment of the previous measures freezing funds — Right to property — Proportionality — Factual error — Misuse of powers — Non-contractual liability — Causal link
Case T-545/13 Al Matri v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of public funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Inadequate factual basis — Error of fact — Error of law — Right to property — Freedom to conduct a business — Proportionality — Rights of defence — Right to effective judicial protection — Obligation to state reasons
Case T-224/14 CW v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Extension — Right to property — Proportionality — Error of fact — Misuse of powers — Non-contractual liability
July 2016
Case T-518/13 Future Enterprises v EUIPO – McDonald's International Property (MACCOFFEE)
European Union trade mark — Invalidity proceedings — European Union word mark MACCOFFEE — Earlier European Union word mark McDONALD’S — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark — Declaration of invalidity
Language of the case: English
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Judgment of the General Court (First Chamber) of 5 July 2016
ECLI:EU:T:2016:389 |
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Case T-26/15 P Commission v Hristov
Appeal — Civil service — Appointment — Procedure for selection and appointment of the executive director of a regulatory agency — EMA — Pre-selection by a pre-selection panel — Appointment by the EMA’s Management Board — Composition of the pre-selection panel — Combination of functions as a member of the pre-selection panel and as a member of the EMA’s Management Board — Impartiality
Language of the case: Bulgarian
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Judgment of the General Court (Appeal Chamber) of 5 July 2016
ECLI:EU:T:2016:390 |
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Case T-82/14 Copernicus-Trademarks v EUIPO – Maquet (LUCEO)
European Union trade mark — Proceedings for a declaration of invalidity — European Union word mark LUCEO — Absolute ground for refusal — Bad faith during the filing of the application for registration — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 7 July 2016
ECLI:EU:T:2016:396 (Appeal: Case before the Court of Justice C-101/17 P) |
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Case T-347/14 Yanukovych v Council
Actions for annulment — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Modification of the form of order sought — Death of the applicant — Inadmissibility — Proof that inclusion on the list is justified — Manifestly well-founded action
Language of the case: English
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Order of the General Court (Ninth Chamber) of 12 July 2016
ECLI:EU:T:2016:433 (Appeal: Case before the Court of Justice C-505/16 P) |
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Case T-146/09 RENV Parker Hannifin Manufacturing and Parker-Hannifin v Commission
Competition — Agreements, decisions and concerted practices — European market for marine hoses — Price-fixing agreements, market-sharing and the exchange of commercially sensitive information — Attributability of unlawful conduct — Principle of economic continuity — Principle of personal liability — Fines — Aggravating circumstances — Role of leader — Ceiling of 10% — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 14 July 2016
ECLI:EU:T:2016:411 |
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Case T-143/12 Germany v Commission
State aid — Postal services — Funding of additional salary and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by remuneration for price-regulated services — Decision declaring the aid incompatible with the internal market — Concept of advantage — ‘Combus’ judgment — Proof of the existence of an economic and selective advantage — None
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 14 July 2016
ECLI:EU:T:2016:406 |
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Case T-661/14 Latvia v Commission
EAGGF, EAGF and EAFRD — Expenditure excluded from financing –– Flat rate financial correction — Cross compliance — Minimum requirements for good agricultural and environmental conditions — Standards — Article 5(1) of and Annex IV to Regulation (EC) No 1782/2003 — Article 6(1) of and Annex III to Regulation (EC) No 73/2009
Language of the case: Latvian
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Judgment of the General Court (Fourth Chamber) of 14 July 2016
ECLI:EU:T:2016:412 |
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Case T-742/14 Alpha Calcit v EUIPO – Materis Paints Italia (CALCILITE)
EU trade mark — Invalidity proceedings — EU figurative mark CALCILITE — Earlier EU word mark Calcilit — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Relevant public — Public common to the goods in question
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 19 July 2016
ECLI:EU:T:2016:418 |
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Case T-131/16 R Belgium v Commission
Application for interim measures — State aid — Tax scheme exempting excess profits of a number of multinational companies — Exemption granted on the basis of tax rulings — Decision declaring scheme to be aid incompatible with the internal market and ordering recovery of the aid — Application for suspension of operation of a measure — No urgency
Language of the case: English
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Order of the President of the General Court of 19 July 2016
ECLI:EU:T:2016:427 |
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Case T-483/13 Oikonomopoulos v Commission
Non-contractual liability — Damage caused by the Commission in the context of an OLAF investigation and by OLAF — Actions for damages — Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities — Admissibility — Misuse of powers — Processing of personal data — Rights of the defence
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 20 July 2016 (Extracts)
ECLI:EU:T:2016:421 |
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Case T-11/15 Internet Consulting v EUIPO – Provincia Autonoma di Bolzano-Alto Adige (SUEDTIROL)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark SUEDTIROL — Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009 — Absolute ground for refusal — Geographical indication of origin — Descriptive character
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 20 July 2016
ECLI:EU:T:2016:422 |
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Case T-66/14 Bredenkamp and Others v Council and Commission
Common foreign and security policy — Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe — Freezing of funds — Non-contractual liability
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 21 July 2016 (Extracts)
ECLI:EU:T:2016:430 |
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Case T-790/14 Hassan v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Restriction of admission — Annulment or earlier acts by a judgment of the General Court — New acts including the applicant’s name on the lists — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Non-contractual liability
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 21 July 2016 (Extracts)
ECLI:EU:T:2016:429 |
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Information (on unpublished decisions)
Case T-349/13 Orange Business Belgium v Commission
Public service contracts — Tender procedure — Provision of ‘Trans-European Services for Telematics between Administrations — new generation (TESTA-ng)’ — Rejection of a tenderer’s bid — Award of the contract — Transparency — Equal treatment — Non-discrimination — Obligation to state reasons
Case T-167/15 Bundesverband Souvenir - Geschenke - Ehrenpreise v EUIPO – Freistaat Bayern (NEUSCHWANSTEIN)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark NEUSCHWANSTEIN — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — No distinctive character — Distinctive character — Article 52(1)(b) of Regulation No 207/2009 — No bad faith
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Judgment of the General Court (Third Chamber) of 5 July 2016 ECLI:EU:T:2016:391 (Appeal: Case before the Court of Justice C-488/16 P) |
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Case T-96/15 Mozzetti v EUIPO – di Lelio (Alfredo alla Scrofa)
EU trade mark — Proceedings for a declaration of invalidity — Figurative EU trade mark Alfredo alla Scrofa — Earlier national word mark L’ORIGINALE ALFREDO — Request for proof of genuine use — Article 57(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009
Case T-97/15 Mozzetti v EUIPO – di Lelio (ALFREDO'S GALLERY alla Scrofa Roma)
EU trade mark — Proceedings for a declaration of invalidity — Figurative EU trade mark ALFREDO’S GALLERY alla Scrofa Roma — Earlier national word mark L’ORIGINALE ALFREDO — Request for proof of genuine use — Article 57(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009
Case T-431/15 Fruit of the Loom v EUIPO – Takko (FRUIT)
EU trade mark — Revocation proceedings — EU word mark FRUIT — Genuine use of a mark — Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 — External use of the mark
Case T-326/13 Commission v Thales développement et coopération
Arbitration clause — Fourth and fifth framework programme for research, technological development and demonstration activities — Contracts concerning projects on the design and development of direct methanol fuel cells — Nullity of contracts on grounds of fraud — Repayment of financial contributions from the European Union — Regulation (EU, Euratom) No 2988/95 — Limitation period — Application of French and Belgian law — Rights of defence — Interest
Case T-99/14 Alesa v Commission
Public services contracts — Tendering procedure — Supply of technical assistance to the Chinese authorities for the purposes of the project ‘Sustainable urbanisation project — Link between the eco-cities of Europe and China (EC-LINK)’ — Negotiated procedure — Article 266(1) of Delegated Regulation (EU) No 1268/2012 — Transparency — Equal treatment — Non-contractual liability
Case T-345/15 Modas Cristal v EUIPO – Zorlu Tekstil Ürünleri Pazarlama (KRISTAL)
EU trade mark — Opposition proceedings — Application for EU figurative mark KRISTAL — Earlier national word and figurative marks MODAS CRISTAL and home CRISTAL — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-368/15 Alcimos Consulting v ECB
Action for annulment — Action for compensation — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Ceiling — Lack of direct concern — Inadmissibility — Infringement of procedural requirements
Case T-371/15 Preferisco Foods v EUIPO – Piccardo & Savore' (PREFERISCO)
EU trade mark — Opposition proceedings — Application for EU figurative mark PREFERISCO — Earlier EU word mark I PREFERITI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-420/15 Thun 1794 v EUIPO – Adekor (Decorative graphical symbols)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing decorative graphical symbols — Earlier design — Ground for invalidity — Disclosure of earlier design — Lack of novelty — Articles 5, 7 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-429/15 Monster Energy v EUIPO – Mad Catz Interactive (MAD CATZ)
EU trade mark — Opposition proceedings — Application for EU figurative mark MAD CATZ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 14 July 2016 ECLI:EU:T:2016:409 (Appeal: Case before the Court of Justice C-501/16 P) |
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Case T-491/15 Volkswagen v EUIPO (ConnectedWork)
European Union trade mark — Application for European Union word mark ConnectedWork — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-567/15 Monster Energy v EUIPO – Mad Catz Interactive (Representation of a black square with four white lines)
EU trade mark — Opposition proceedings — Application for EU figurative mark representing a black square with four white lines — Earlier EU figurative mark representing three claws positioned vertically — Relative ground for refusal — No likelihood of confusion
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Judgment of the General Court (Sixth Chamber) of 14 July 2016 ECLI:EU:T:2016:408 (Appeal: Case before the Court of Justice C-502/16 P) |
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Case T-266/14 Argus Security Projects v Commission
Public service contracts — Supply of security services as part of the European Union Integrated Border Management Assistance Mission in Libya — Rejection of tender submitted by a tenderer and award of the contract to another tenderer — Obligation to state reasons
Case T-770/14 Italy v Commission
ERDF — Regulation (EC) No 1083/2006 — Italy-Malta Cross-border Cooperation Programme 2007-2013 — Failure to comply with deadlines — Automatic decommitment — Proportionality — Principle of cooperation — Principle of partnership — Force majeure — Obligation to state reasons — Action manifestly lacking any foundation in law
Case T-745/14 TeamBank v EUIPO – Easy Asset Management (e@sy Credit)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark e@sy Credit — Earlier national figurative mark EasyCredit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fourth Chamber) of 20 July 2016 ECLI:EU:T:2016:423 (Appeal: Case before the Court of Justice C-495/16 P) |
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Case T-308/15 Reisenthel v EUIPO (keep it easy)
EU trade mark — Application for word mark keep it easy — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-718/15 R PTC Therapeutics International v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
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Order of the President of the General Court of 20 July 2016 ECLI:EU:T:2016:425 (Appeal: Case before the Court of Justice C-513/16 P(R)) |
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Case T-729/15 R MSD Animal Health Innovation and Intervet international v EMA
Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Application for suspension of operation of a measure — Urgency — Prima facie case — Weighing up of interests
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Order of the President of the General Court of 20 July 2016 ECLI:EU:T:2016:435 (Appeal: Case before the Court of Justice C-512/16 P(R)) |
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Case T-251/16 R Director-General of OLAF v Commission
Interim measures — Law governing the institutions — Decision to waive the immunity from legal proceedings of the Director-General of OLAF — Measure liable to call into question the independence of the Director-General — Application for suspension of operation — Lack of urgency
Case T-804/14 Ogrodnik v EUIPO – Aviário Tropical (Tropical)
EU trade mark — Invalidity proceedings — EU figurative mark Tropical — Earlier national word mark TROPICAL — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Extent of the applicant’s rights under national law — Coexistence of the marks — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-832/14 Nutria v Commission
Non-contractual liability — Refusal to extend the deadline for the withdrawal of skimmed milk powder in the context of the programme for the distribution of food aid to the most deprived persons in the European Union for the year 2010 — Sufficiently serious breach of a rule of law conferring rights on individuals
September 2016
Case T-472/13 Lundbeck v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and generic undertakings — Article 101(1) and (3) TFEU — Errors of law and of assessment — Obligation to state reasons — Rights of defence — Legal certainty — Fines
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 8 September 2016
ECLI:EU:T:2016:449 (Appeal: Case before the Court of Justice C-591/16 P) |
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Case T-54/14 Goldfish and Others v Commission
Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price-fixing and allocation of sales volumes — Admissibility of evidence — Use of secret recordings of telephone conversations as evidence — Assessment of ability to pay — Unlimited jurisdiction
Language of the case: Dutch
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Judgment of the General Court (Ninth Chamber) of 8 September 2016
ECLI:EU:T:2016:455 |
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Case T-159/15 Puma v EUIPO – Gemma Group (Representation of a bounding feline)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a bounding feline — Earlier international figurative marks representing a bounding feline — Relative ground for refusal — Sound administration — Proof of the reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 9 September 2016
ECLI:EU:T:2016:457 (Appeal: Case before the Court of Justice C-564/16 P) |
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Case T-146/15 hyphen v EUIPO – Skylotec (Representation of a polygon)
EU trade mark — Revocation proceedings — EU figurative trade mark representing a polygon — Genuine use of the trade mark — Article 15(1), second paragraph (a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape differing by elements not altering the distinctive character
Language of the case: German
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Judgment of the General Court (Second Chamber) of 13 September 2016
ECLI:EU:T:2016:469 (Appeal: Case before the Court of Justice C-587/16 P) |
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Case T-384/15 EDF Luminus v Parliament
Arbitration clause — Electricity supply contract CNT (2009) N° 137 — Payment by the Parliament of the regional contribution made by the applicant to the Brussels-Capital Region and calculated on the basis of the power made available to the Parliament — No contractual obligation — No obligation under national law
Language of the case: French
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Order of the General Court (Second Chamber) of 13 September 2016
ECLI:EU:T:2016:512 |
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Case T-408/15 Globo Comunicação e Participações v EUIPO (Sound mark)
EU trade mark — Application for a sound mark — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: French
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Judgment of the General Court (Second Chamber) of 13 September 2016
ECLI:EU:T:2016:468 |
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Case T-584/15 POA v Commission
Action for annulment — Application for registration of a protected designation of origin (‘Halloumi’ or ‘Hellim’) — Decision to publish in the Official Journal, C series, an application for registration of a protected designation of origin pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 — Preparatory measure — Measure not open to challenge — Inadmissibility
Language of the case: English
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Order of the General Court (Second Chamber) of 14 September 2016
ECLI:EU:T:2016:510 |
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Case T-219/13 Ferracci v Commission
State aid — Municipal real estate tax — Exemption granted to non-commercial entities carrying on specific activities — Codified law on income tax — Exemption from the single municipal tax — Decision in part finding no State aid and in part declaring the aid incompatible with the internal market — Action for annulment — Regulatory act not entailing implementing measures — Whether of direct concern — Admissibility — Absolute impossibility of recovering the aid — Article 14(1) of Regulation (EC) No 659/1999 — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 15 September 2016
ECLI:EU:T:2016:485 (Appeal: Case before the Court of Justice C-624/16 P) |
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Case T-392/13 La Ferla v Commission and ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Request for information — Power of ECHA — Proportionality
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 September 2016
ECLI:EU:T:2016:478 |
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Case T-620/13 Marchi Industriale v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Determination of the size of the undertaking — Power of the ECHA — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 September 2016
ECLI:EU:T:2016:479 |
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Case T-675/13 K Chimica v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Determination of an enterprise’s size — Power of the ECHA
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 September 2016
ECLI:EU:T:2016:480 |
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Case T-76/14 Morningstar v Commission
Competition — Abuse of a dominant position — Worldwide market for consolidated real-time datafeeds — Decision making the commitments offered by the dominant undertaking binding — Article 9 of Regulation (EC) No 1/2003
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 15 September 2016
ECLI:EU:T:2016:481 |
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Case T-111/14 Unitec Bio v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 September 2016
ECLI:EU:T:2016:505 (Appeal: Case before the Court of Justice C-602/16 P) |
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Case T-120/14 PT Ciliandra Perkasa v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 September 2016
ECLI:EU:T:2016:501 (Appeal: Case before the Court of Justice C-605/16 P) |
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Case T-339/14 Kurchenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — Applicant not represented by a lawyer — Applicant having ceased to reply to the Court’s requests — No need to adjudicate
Language of the case: English
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Order of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016
ECLI:EU:T:2016:533 |
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Case T-340/14 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Failure to comply with the listing criteria — Manifest error of assessment — Right to property — Right to reputation)
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016
ECLI:EU:T:2016:496 |
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Case T-346/14 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Misuse of powers — Failure to comply with the listing criteria — Manifest error of assessment — Right to property
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016
ECLI:EU:T:2016:497 (Appeal: Case before the Court of Justice C-598/16 P) |
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Case T-348/14 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Obligation to state reasons — Legal basis — Rights of the defence — Right to effective judicial protection — Misuse of power — Failure to comply with the listing criteria — Manifest error of assessment — Right to property
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016
ECLI:EU:T:2016:508 (Appeal: Case before the Court of Justice C-599/16 P) |
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Cases T-353/14 and T-17/15 Italy v Commission
Rules on languages — Notices of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 15 September 2016 (Extracts)
ECLI:EU:T:2016:495 (Appeal: Case before the Court of Justice C-621/16 P) |
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Case T-386/14 Fih Holding and Fih Erhvervsbank v Commission
State aid — Banking sector — Aid granted to Danish bank FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the Danish Financial Stability Company — State aid for banks during the crisis — Decision declaring the aid compatible with the internal market — Definition of aid — Private investor test — Private creditor test — Calculation of the amount of the aid — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 15 September 2016
ECLI:EU:T:2016:474 (Appeal: Case before the Court of Justice C-579/16 P) |
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Case T-456/14 TAO-AFI and SFIE-PE v Parliament and Council
Remunerations and pensions of officials and other servants of the European Union — Annual adjustment — Regulations (EU) Nos 422/2014 and 423/2014 — Irregularities during the procedure for the adoption of the acts — Failure to consult trade unions
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 15 September 2016
ECLI:EU:T:2016:493 |
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Case T-587/14 Crosfield Italia v ECHA
REACH — Fee for registration of a substance — Reduction granted to micro-, small-and medium-sized undertakings — Error in declaration relating to the size of the undertaking — Recommendation 2003/361/EC — Decision imposing an administrative charge — Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 15 September 2016
ECLI:EU:T:2016:475 |
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Case T-710/14 Herbert Smith Freehills v Council
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 15 September 2016
ECLI:EU:T:2016:494 |
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Case T-796/14 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings and legal advice — Exception relating to the protection of the decision-making process — Overriding public interest
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 15 September 2016
ECLI:EU:T:2016:483 |
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Case T-667/15 Bagni Delfino di Paperini Stefano & C. v Commission
Action for annulment — Communication from a member of the Commission in answer to a parliamentary question — Act not open to review — Manifest inadmissibility
Language of the case: Italian
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Order of the General Court (Second Chamber) of 15 September 2016
ECLI:EU:T:2016:511 |
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Case T-363/14 Secolux v Commission
Access to documents — Regulation (EC) No 1049/2001– Documents relating to a call for tenders for a public services contract — Refusal of access — Exception relating to the privacy and integrity of the individual — Exception relating to the protection of commercial interests — Exception relating to the protection of the decision-making process — Partial access — Overriding public interest — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 21 September 2016
ECLI:EU:T:2016:521 |
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Case T-512/15 Sun Cali v EUIPO – Abercrombie & Fitch Europe (SUN CALI)
EU trade mark — Invalidity proceedings — EU figurative mark SUN CALI — Earlier national figurative mark CaLi co — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Representation before the Board of Appeal — Real and effective industrial or commercial establishment in the European Union — Legal persons with economic connections — Article 92(3) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 22 September 2016
ECLI:EU:T:2016:527 |
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Case T-437/14 United Kingdom v Commission
EAGGF, Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Integrated administration and control system — Reductions and exclusions where the rules on cross-compliance are not observed — Flat-rate financial correction imposed by the Commission in accordance with internal guidelines — Burden of proof — Interpretation of Annex II to Regulation (EC) No 73/2009
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 28 September 2016
ECLI:EU:T:2016:577 |
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Case T-476/15 European Food v EUIPO – Société des produits Nestlé (FITNESS)
EU trade mark — Invalidity proceedings — EU word mark FITNESS — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c), Article 52(1)(a) and Article 76 of Regulation (EC) No 207/2009 — Rule 37(b)(iv) and Rule 50(1) of Regulation (EC) No 2868/95 — Production of evidence for the first time before the Board of Appeal
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 28 September 2016
ECLI:EU:T:2016:568 (Appeal: Case before the Court of Justice C-634/16 P) |
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Case T-600/15 PAN Europe and Others v Commission
Actions for annulment — Plant-protection products — Active substance sulfoxaflor — Inclusion in the Annex to Implementing Regulation (EU) No 540/2011 — Lack of direct concern — Inadmissibility
Language of the case: English
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Order of the General Court (First Chamber) of 28 September 2016
ECLI:EU:T:2016:601 |
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Case T-70/15 Trajektna luka Split v Commission
Competition — Abuse of dominant position — Decision finding an infringement of Article 102 TFEU — Setting of fees by the Split Port Authority for port services in respect of domestic traffic at maximum levels — Rejection of a complaint — Case being dealt with by a competition authority of a Member State — No EU interest
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 30 September 2016 (Extracts)
ECLI:EU:T:2016:592 |
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Information (on unpublished decisions)
Case T-204/14 Victor International v EUIPO – Ovejero Jiménez and Becerra Guibert (VICTOR)
EU Trade Mark — Opposition proceedings — Application for the EU word mark VICTOR — Earlier national figurative mark victoria — Relative ground for refusal — Genuine use of the earlier mark — Nature of use — Form differing in elements which do not alter the distinctive character — Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-4/15 Beiersdorf v EUIPO (Q10)
EU trade mark — Application for EU figurative mark Q10 — Refusal to register a disclaimer as to the scope of the protection — Article 37(2) of Regulation (EC) No 207/2009 — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation No 207/2009
Case T-460/13 Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition by subject-matter — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — 2006 Guidelines on the method of setting fines — Duration of the Commission’s investigation
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Judgment of the General Court (Ninth Chamber) of 8 September 2016 ECLI:EU:T:2016:453 (Appeal: Case before the Court of Justice C-586/16 P) |
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Case T-467/13 Arrow Group and Arrow Generics v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — Duration of the Commission’s investigation — Rights of the defence — Single and continuous infringement
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Judgment of the General Court (Ninth Chamber) of 8 September 2016 ECLI:EU:T:2016:450 (Appeal: Case before the Court of Justice C-601/16 P) |
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Case T-469/13 Generics (UK) v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Rights of defence — Fines
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Judgment of the General Court (Ninth Chamber) of 8 September 2016 ECLI:EU:T:2016:454 (Appeal: Case before the Court of Justice C-588/16 P) |
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Case T-470/13 Merck v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Imputability of infringements — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Legal certainty — Reasonable time — Fines
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Judgment of the General Court (Ninth Chamber) of 8 September 2016 ECLI:EU:T:2016:452 (Appeal: Case before the Court of Justice C-614/16 P) |
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Case T-471/13 Xellia Pharmaceuticals and Alpharma v Commission
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Duration of the Commission’s investigation — Rights of the defence — Fines — Legal certainty — Principle that penalties must have a proper legal basis
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Judgment of the General Court (Ninth Chamber) of 8 September 2016 ECLI:EU:T:2016:460 (Appeal: Case before the Court of Justice C-611/16 P) |
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Case T-360/15 Dr Vita v EUIPO (69)
EU trade mark — Application for EU figurative mark 69 — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-709/14 Tri-Ocean Trading v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-719/14 Tri Ocean Energy v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-830/14 Farahat v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Error of assessment
Case T-557/15 P De Esteban Alonso v Commission
Appeal — Civil service — Article 24 of the Staff Regulations — Request for assistance — Criminal proceedings before a national court — Decision of the institution to become a civil party — Action at first instance dismissed as manifestly unfounded — Procedural irregularities — Conditions for the application of Article 24 of the Staff Regulations
Case T-695/13 ENAC v INEA
Financial aid — Projects of common interest in the field of trans-European transport and energy networks — Realisation of a study for the intermodal development of Bergamo-Orio al Serio Airport — Determination of the final amount of the financial aid — Ineligible costs — Error of law — Obligation to state reasons
Case T-152/15 P Commission v Kakol
Appeal — Civil service — Officials — Open competition — Non-admission of a candidate — Non-recognition of a diploma — Admission to a previous competition — Conditions of similar competitions — Obligation to state reasons
Case T-390/15 Perfetti Van Melle Benelux v EUIPO – PepsiCo (3D)
EU trade mark — Opposition proceedings — Application for EU figurative mark 3D — Earlier EU word and figurative marks 3D’S and 3D’s — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No (EC) No 207/2009
Case T-410/15 P Pohjanmäki v Council
Appeal — Civil service — Officials — Promotion — 2013 promotion year — Respective roles of the Appointing Authority and the Joint Consultative Committee — Absence of staff reports — Failure on the part of the members of the JCC to consult the staff reports — Compatibility of the functions of the rapporteur in the JCC with those of the former rapporteur — Equal treatment — Obligation to state reasons
Case T-544/15 Terna v Commission
Action for annulment — Union list of projects of common interest — EU financial aid in two projects in the area of trans-European energy networks — Reduction of the financial aid initially granted following an audit — Preparatory measure — Measure not open to challenge — Inadmissibility
Case T-563/15 Paglieri Sell System v EUIPO (APOTEKE)
European Union trade mark — Application for figurative mark APOTEKE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-761/15 Sogepa v Commission
Action for annulment — State aid — Crystal-ware — Aid in the form of a loan — Decision declaring the aid incompatible with the internal market — Obligation to recover the aid granted to an insolvent undertaking — Disregard of formal requirements — Inadmissibility
Case T-57/15 Trajektna luka Split v Commission
State aid — Port services — Alleged aid to the public ferry operator of Jadrolinija — Setting of fees by the Croatian authorities for port services in the Port of Split in respect of domestic traffic at an allegedly lower level than that of the fees applied in other Croatian ports and those applied for international traffic — Private operator holding an allegedly exclusive concession for the operation of the passenger terminal at the Port of Split — Decision finding no State aid — Definition of aid — State resources
Case T-207/15 National Iranian Tanker Company v Council
Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality
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Judgment of the General Court (Seventh Chamber) of 14 September 2016 ECLI:EU:T:2016:471 (Appeal: Case before the Court of Justice C-600/16 P) |
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Case T-479/15 Lotte v EUIPO – Kuchenmeister (KOALA LAND)
EU trade mark — Opposition proceedings — Application for EU word mark KOALA LAND — Prior national word mark KOALA — Rejection in part of the application for registration — Likelihood of confusion — Genuine use — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation No 207/2009
Case T-220/13 Scuola Elementare Maria Montessori v Commission
State aid — Municipal real estate tax — Exemption granted to non-commercial entities carrying out specific activities — Consolidated text on income tax — Exemption from one-off municipal tax — Decision partly finding the absence of State aid and party declaring the aid incompatible with the common market — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Absolute impossibility of recovery — Article 14(1) of Regulation (EC) No 659/1999 — Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 15 September 2016 ECLI:EU:T:2016:484 (Appeal: Case before the Court of Justice C-623/16 P) (Appeal: Case before the Court of Justice C-622/16 P) |
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Case T-17/14 U4U and Others v Parliament and Council
Special and exceptional provisions applicable to officials serving in a third country — Career of officials with the grade of administrator — Amendment of the Staff Regulations of Officials of the European Union — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for adopting the measures — Failure to consult the Staff Regulations Committee and the trade unions
Case T-80/14 PT Musim Mas v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive collection of provisional anti-dumping duties — Definitive anti-dumping duties — Rights of the defence — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:504 (Appeal: Case before the Court of Justice C-606/16 P) |
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Cases T-112/14 to T-116/14 and T-119/14 Molinos Río de la Plata and Others v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Trade association — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:509 (Appeal: Case before the Court of Justice C-607/16 P) |
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Case T-117/14 Cargill v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:503 (Appeal: Case before the Court of Justice C-608/16 P) |
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Case T-118/14 LDC Argentina v Council
Dumping — Imports of biodiesel originating in Argentina — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:502 (Appeal: Case before the Court of Justice C-609/16 P) |
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Case T-121/14 PT Pelita Agung Agrindustri v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duty — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:500 (Appeal: Case before the Court of Justice C-604/16 P) |
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Case T-139/14 PT Wilmar Bioenergi Indonesia and PT Wilmar Nabati Indonesia v Council
Dumping — Imports of biodiesel originating in Indonesia — Definitive anti-dumping duties — Article 2(3) and (5) of Regulation (EC) No 1225/2009 — Normal value — Production costs
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Judgment of the General Court (Ninth Chamber) of 15 September 2016 ECLI:EU:T:2016:499 (Appeal: Case before the Court of Justice C-603/16 P) |
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Case T-481/14 European Dynamics Luxembourg and Evropaïki Dynamiki v EIT
Public service contracts — Tender procedure — Supply of services for the development of a knowledge and information management platform — Software development services and maintenance of availability and efficiency of computer services — Refusal to rank the applicants in first place — Selection criteria — Award criteria — Obligation to state reasons — Manifest errors of assessment — Access to documents — Non-contractual liability
Case T-698/14 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Public procurement procedure — External service provision for development, studies and support for information systems (ESP DESIS III) — Ranking of a tenderer in the cascade procedure — Obligation to state reasons — Abnormally low bids — Principle of free competition — Non-contractual liability
Case T-755/14 Herbert Smith Freehills v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest
Case T-800/14 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest
Case T-18/15 Philip Morris v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest
Case T-91/15 AEDEC v Commission
Technological research and development — ‘Horizon 2020’ framework programme for research and innovation — Calls for proposals in respect of work programmes 2014-2015 — Commission decision declaring the proposal submitted by the applicant ineligible — Obligation to state reasons — Rights of the defence — Proportionality — Openness — Manifest error of assessment
Case T-358/15 Arrom Conseil v EUIPO – Puig France (Roméo has a Gun by Romano Ricci)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T-359/15 Arrom Conseil v EUIPO – Nina Ricci (Roméo has a Gun by Romano Ricci)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci — Earlier EU word marks NINA RICCI and RICCI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier marks — Damage to reputation — Article 8(5) of Regulation No 207/2009
Case T-453/15 Trinity Haircare v EUIPO – Advance Magazine Publishers (VOGUE)
EU trade mark — Invalidity proceedings — EU figurative trade mark VOGUE — Absolute ground for refusal — No descriptive character — Distinctiveness — Article 52(1)(a), read in conjunction with Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation No 207/2009
Case T-633/15 JT International v EUIPO – Habanos (PUSH)
EU trade mark — Opposition proceedings — Application for the EU word mark PUSH — Earlier Benelux and national word and figurative marks PUNCH — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-51/15 PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents relating to endocrine-disrupting chemicals — Partial refusal of access — Exception relating to the decision-making process — Article 4(3) of Regulation No 1049/2001
Case T-485/15 Alsharghawi v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence –Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure
Case T-565/15 Excalibur City v EUIPO – Ferrero (MERLIN'S KINDERWELT)
EU trade mark — Opposition proceedings — Application for the EU word mark MERLIN’S KINDERWELT — Earlier national word mark KINDER — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-566/15 Excalibur City v EUIPO – Ferrero (MERLIN'S KINDERWELT)
EU trade mark — Opposition proceedings — Application for registration of an EU figurative mark MERLIN’S KINDERWELT — Earlier national word mark KINDER — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-435/14 Tose'e Ta'avon Bank v Council
Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Conferral of an implementing power on the Council — Criterion directed at the entities providing support to the Iranian Government — Error of law — Error of fact — Obligation to state reasons — Proportionality — Fundamental rights
Case T-632/14 Intercon v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Commission decision to require repayment of the sums paid to the applicant — Contractual nature of the dispute — Article 44(1)(c) and Article 44(5a) of the Rules of Procedure of the General Court of 2 May 1991 — Admissibility — Scope of the audit — Documents and observations made after expiry of the prescribed periods
Case T-206/15 Intercon v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement relating to the project ‘Virtual Pathological Heart of the Virtual Physiological Human’ — Commission decision to require repayment of a part of the sums paid — Inadmissibility — Article 44(1)(c) of the Rules of Procedure of the General Court of 2 May 1991 — Documents and observations made after expiry of the prescribed periods
Case T-228/15 Grupo de originación y análisis v EUIPO – Bankinter (BK PARTNERS)
EU trade mark — Opposition proceedings — Application for EU figurative mark BK PARTNERS — Earlier national word and figurative mark bk. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-237/15 Łabowicz v EUIPO – Pure Fishing (NANO)
EU trade mark — Invalidity proceedings — EU figurative mark NANO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
Case T-684/15 P Weissenfels v Parliament
Appeal — Civil service — Officials — Non-contractual liability — Impartiality on the part of the Civil Service Tribunal — Personal data
Case T-750/15 Mitteldeutsche Braunkohlengesellschaft and Others v Commission
Actions for annulment — State aid — Renewable energy — Aid granted by certain provisions of the amended German Law concerning renewable energy sources (EEG 2014) — Aid supporting electricity from renewable sources and reduced EEG surcharge for energy-intensive users — Decision declaring the aid compatible with the internal market — Action for annulment — No interest in bringing proceedings — Inadmissibility
Case T-382/15 Greenpeace Energy and Others v Commission
Action for annulment — State aid — Nuclear energy — Aid in support of Hinkley Point C nuclear power station — Contract for difference, agreement of the Secretary of State and credit guarantee — Decision declaring the aid to be compatible with the internal market — No significant effect on a competitive position — No individual concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 26 September 2016 ECLI:EU:T:2016:589 (Appeal: Case before the Court of Justice C-640/16 P) |
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Case T-449/15 Satkirit Holdings v EUIPO – Advanced Mailing Solutions (luvo)
EU trade mark — Opposition proceedings — Application for the EU word mark luvo — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-450/15 Satkirit Holdings v EUIPO – Advanced Mailing Solutions (luvoworld)
EU trade mark — Opposition proceedings — Application for the EU word mark luvoworld — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-309/10 RENV Klein v Commission
Non-contractual liability — Directive 93/42/EEC — Harmonised system for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices — Article 8 — Notification of a decision prohibiting placing on the market — No position adopted by the Commission — Article 18 — Wrongful CE marking — Harm — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link
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Judgment of the General Court (Eighth Chamber) of 28 September 2016 ECLI:EU:T:2016:570 (Appeal: Case before the Court of Justice C-346/17 P) |
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Joined Cases T-129/15 and T-130/15 Intesa Sanpaolo v EUIPO (WAVE 2 PAY and WAVE TO PAY)
EU trade mark — Application for EU word marks WAVE 2 PAY and WAVE TO PAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-362/15 Lacamanda Group v EUIPO – Woolley (HENLEY)
EU trade mark — Invalidity proceedings — EU word mark HENLEY — Earlier United Kingdom and EU word marks HENLEYS — Article 8(5) of Regulation (EC) No 207/2009 — Taking unfair advantage of the distinctive character or the repute of the earlier mark
Case T-400/15 Pinto Eliseu Baptista Lopes Canhoto v EUIPO – University College London (CITRUS SATURDAY)
EU trade mark — Opposition proceedings — Application for EU word mark CITRUS SATURDAY — Earlier national word mark CITRUS — Late submission of documents — Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 — Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95
Case T-539/15 LLR-G5 v EUIPO – Glycan Finance (SILICIUM ORGANIQUE G5 LLR-G5)
EU trade mark — Opposition proceedings — Application for figurative EU trade mark SILICIUM ORGANIQUE G5 LLR-G5 — Earlier international word marks Silicium Organique G5- Glycan 5-Si-Glycan-5-Si-G5 and Silicium Organique G5 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-574/15 Kozmetika Afrodita v EUIPO – Núñez Martín and Machado Montesinos (KOZMeTIKA AFRODITA)
EU trade mark — Opposition proceedings — Application for EU figurative mark KOZMeTIKA AFRODITA — Earlier national word mark EXOTIC AFRODITA MYSTIC MUSK OIL and earlier national figurative mark AFRODITA MYSTIC MUSK OIL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-575/15 Kozmetika Afrodita v EUIPO – Núñez Martín and Machado Montesinos (AFRODITA COSMETICS)
EU trade mark — Opposition proceedings — Application for EU figurative mark AFRODITA COSMETICS — Earlier national word mark EXOTIC AFRODITA MYSTIC MUSK OIL and earlier national figurative mark AFRODITA MYSTIC MUSK OIL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-593/15 The Art Company B & S v EUIPO – G-Star Raw (THE ART OF RAW)
EU trade mark — Opposition proceedings — Application for EU word mark THE ART OF RAW — Earlier national and EU figurative marks art and earlier EU figurative mark The Art Company — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-335/15 Universal Protein Supplements v EUIPO (Representation of a body-builder)
EU trade mark — Application for registration of an EU figurative mark representing a body-builder — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-337/15 Bach Flower Remedies v EUIPO – Durapharma (RESCUE)
EU trade mark — Invalidity proceedings — EU word mark RESCUE — Absolute ground for refusal — Descriptive character — No distinctive character acquired through use — Article 7(1)(c) and (3) of Regulation (EC) No 207/2009 — Article 52(2) of Regulation No 207/2009
Case T-355/15 Alpex Pharma v EUIPO – Astex Pharmaceuticals (ASTEX)
EU trade mark — Opposition proceedings — Application for EU word mark ASTEX — Earlier EU word mark ALPEX — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T-430/15 Flowil International Lighting v EUIPO – Lorimod Prod Com (Silvania Food)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Silvania Food — Earlier EU word marks SYLVANIA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009
October 2016
Case T-456/15 Foodcare v EUIPO – Michalczewski (T.G.R. ENERGY DRINK)
EU trade mark — Invalidity proceedings — EU word mark T.G.R. ENERGY DRINK — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 5 October 2016
ECLI:EU:T:2016:597 (Appeal: Case before the Court of Justice C-639/16 P) |
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Case T-418/14 Sina Bank v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Amendment of pleadings — Admissibility — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Adjustment of the effects in time of an annulment
Language of the case: English
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Judgment of the General Court (First Chamber) of 18 October 2016
ECLI:EU:T:2016:619 |
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Case T-56/15 Raimund Schmitt Verpachtungsgesellschaft v EUIPO (Brauwelt)
EU trade mark — Application for European Union word mark BRAUWELT — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: German
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Judgment of the General Court (First Chamber) of 18 October 2016
ECLI:EU:T:2016:618 |
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Case T-153/15 Hamcho and Hamcho International v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Annulment of previous acts by judgment of the General Court — New acts including the applicants’ names in the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 26 October 2016
ECLI:EU:T:2016:630 |
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Case T-787/14 P ECB v Cerafogli
Appeal — Civil service — ECB Staff — Access to documents — Documents relating to the dispute between the parties in the proceedings — Partial refusal of access — Rule of correspondence between the application and the complaint — Plea of illegality
Language of the case: English
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Judgment of the General Court (Appeal Chamber) of 27 October 2016
ECLI:EU:T:2016:633 |
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Information (on unpublished decisions)
Case T-549/14 Lidl Stiftung v EUIPO – Horno del Espinar (Castello)
EU trade mark — Opposition proceedings — Application for the EU word mark Castello — Earlier national and EU figurative marks Castelló — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-724/14 European Children's Fashion Association and Instituto de Economía Pública v EACEA
Arbitration clause — Grant agreement concluded under the action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project — Action for annulment — Act not subject to appeal — Act forming part of a purely contractual agreement from which it is indissociable — Inadmissibility — Ineligible expenditure — Reimbursement of the sums paid — Audit report
Case T-370/15 P CJ v ECDC
Case T‑370/15 PAppeal — Civil service — Member of the contract staff — Fixed-term contract — Termination — Breakdown in the relationship of trust — Right to be heard
Case T-395/15 P ECDC v CJ
Case T‑395/15 PAppeal — Civil service — Member of the contract staff — Fixed-term contract — Termination — Breakdown in the relationship of trust — Right to be heard
Case T-167/14 Søndagsavisen v Commission
State Aid — Aid scheme to support production and innovation aid for written media — Decision not to raise objections — Decision declaring the aid scheme compatible with the internal market — Procedural rights of the interested parties — No serious difficulties — Obligation to state reasons
Case T-350/15 Perry Ellis International Group v EUIPO – CG (p)
EU trade mark — Opposition proceedings — Application for EU figurative mark likely to be perceived as the letter ‘p’ — Earlier EU and national figurative marks P PROTECTIVE and P — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-461/15 Guccio Gucci v EUIPO – Guess? IP Holder (Representation of four interlocking Gs)
EU trade mark — Invalidity proceedings — EU figurative mark representing four interlocking Gs — Earlier EU, national and international figurative marks G — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 11 October 2016 ECLI:EU:T:2016:605 (Appeal: Case before the Court of Justice C-675/16 P) |
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Case T-564/15 Spliethoff's Bevrachtingskantoor v Commission
Actions for annulment — Financial assistance in the field of Connecting Europe Facility — Act not open to challenge — Preparatory act — Inadmissibility
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Order of the General Court (Third Chamber) of 11 October 2016 ECLI:EU:T:2016:611 (Appeal: Case before the Court of Justice C-635/16 P) |
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Case T-753/15 Guccio Gucci v EUIPO – Guess? IP Holder (Representation of four interlocking Gs)
EU trade mark — Opposition proceedings — International registration designating the European Union — Application for an EU figurative mark representing four interlocking Gs — Earlier EU and international figurative marks G — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Third Chamber) of 11 October 2016 ECLI:EU:T:2016:604 (Appeal: Case before the Court of Justice C-674/16 P) |
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Case T-543/15 Lysoform Dr. Hans Rosemann and Others v ECHA
Actions for annulment — Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 — No direct concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 12 October 2016 ECLI:EU:T:2016:612 (Appeal: Case before the Court of Justice C-666/16 P) |
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Case T-669/15 Lysoform Dr. Hans Rosemann and Others v ECHA
Actions for annulment — Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 — No direct concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 12 October 2016 ECLI:EU:T:2016:610 (Appeal: Case before the Court of Justice C-663/16 P) |
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Case T-671/15 E-Control v ACER
Action for annulment — Energy — Regulation (EC) No 713/2009 — Regulation (EC) No 714/2009 — Opinion of ACER — National regulatory authorities’ decisions approving the methods of allocation of cross-border electricity transmission capacity — Central-East Europe region — Compatibility — Act not open to challenge — Inadmissibility
Case T-41/16 Cyprus Turkish Chamber of Industry and Others v Commission
Actions for annulment — Application for registration of a protected designation of origin ‘Halloumi’ or ‘Hellim’ — Commission letters concerning the applicants’ involvement in the opposition proceedings relating to the registration procedure — Measure not open to challenge — Inadmissibility
Case T-620/15 Orthema Service v EUIPO (Gehen wie auf Wolken)
EU trade mark — Application for EU word mark Gehen wie auf Wolken — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-351/13 Crown Equipment (Suzhou) and Crown Gabelstapler v Council
Dumping — Importation of hand pallet trucks and their essential parts originating in China — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Determination of normal value — Article 2(7)(a) of Regulation (EC) No 1225/2009 — ‘Lesser duty’ rule — Article 9(4) of Regulation No 1225/2009 — Obligation to state reasons
Case T-367/14 August Storck v EUIPO – Chiquita Brands (Fruitfuls)
EU trade mark — Revocation proceedings — EU word mark Fruitfuls — Genuine use — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009
Case T-824/14 Eveready Battery Company v EUIPO – Hussain (POWER EDGE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark POWER EDGE — Earlier EU word mark EDGE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 15(1) and 42(2) of Regulation No 207/2009
Case T-776/15 Meissen Keramik v EUIPO (MEISSEN KERAMIK)
EU trade mark — Application for EU figurative mark MEISSEN KERAMIK — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 18 October 2016 ECLI:EU:T:2016:617 (Appeal: Case before the Court of Justice C-686/16 P) |
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Case T-109/16 Laboratoire de la mer v EUIPO – Boehringer Ingelheim Pharma (RESPIMER)
EU trade mark — Opposition proceedings — Application for EU word mark RESPIMER — Earlier EU word mark RESPIMAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 18 October 2016 ECLI:EU:T:2016:627 (Appeal: Case before the Court of Justice C-662/16 P) |
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Case T-672/14 August Wolff and Remedia v Commission
Medicinal products for human use — Article 31 of Directive 2001/83/EC — Article 116 of Directive 2001/83 — Active substance estradiol — Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products with 0.01% estradiol by weight for topical use — Burden of proof — Proportionality — Equal treatment
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Judgment of the General Court (Fifth Chamber) of 20 October 2016 ECLI:EU:T:2016:623 (Appeal: Case before the Court of Justice C-680/16 P) |
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Case T-14/15 Lufthansa AirPlus Servicekarten v EUIPO – Mareea Comtur (airpass.ro)
EU trade mark — Opposition proceedings — Application for EU figurative mark airpass.ro — Earlier EU word mark AirPlus International — Opposition dismissed — Rule 21 of Regulation (EC) No 2865/95 — No need to adjudicate — Article 81(4) of Regulation (EC) No 207/2009
Case T-141/15 Czech Republic v Commission
EAGF and EAFRD — Expenditure excluded from financing — Protection of vineyards — Expenditure incurred by the Czech Republic — Legal certainty — Legitimate expectations
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Judgment of the General Court (Fifth Chamber) of 20 October 2016 ECLI:EU:T:2016:621 (Appeal: Case before the Court of Justice C-4/17 P) |
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Case T-407/15 Monster Energy v EUIPO – Hot-Can Intellectual Property (HotoGo self-heating can technology)
EU trade mark — Opposition proceedings — Application for an EU figurative mark HotoGo self-heating can technology — Earlier EU figurative marks representing claws — Relative grounds for refusal — No similarity of the signs — No likelihood of confusion — No connection between the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 20 October 2016 ECLI:EU:T:2016:624 (Appeal: Case before the Court of Justice C-678/16 P) |
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Case T-693/15 Clover Canyon v EUIPO – Kaipa Sportswear (CLOVER CANYON)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion
Case T-140/16 Le Pen v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-154/15 Jaber v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Annulment of prior measures by a judgment of the General Court — New measures including the applicant's name on the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Case T-155/15 Kaddour v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Annulment of prior measures by a judgment of the General Court — New measures including the applicant’s name on the lists — Action for annulment — Article 76(d) of the Rules of Procedure — Content of the application — Admissibility — Obligation to state reasons — Burden of proof — Right to property — Freedom to conduct a business
Case T-611/15 Edeka-Handelsgesellschaft Hessenring v Commission
Action for annulment and for failure to act — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for applying Article 101 TFEU and Article 53 of the EEA Agreement — Refusal to grant access — New request — Application for annulment — No confirmatory act — Admissibility — Claim for failure to act — Inadmissibility
Case T-515/12 RENV El Corte Inglés v EUIPO - English Cut (The English Cut)
EU trade mark — Opposition proceedings — Application for EU word mark The English Cut — Earlier EU figurative and national word marks El Corte Inglés — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation
Case T-309/15 P CW v Parliament
Appeal — Civil service — Officials — Psychological harassment — Duty of the administration to provide assistance — Article 24 of the Staff Regulations — Request for assistance — Provisional distancing measures — Duty to have regard for the welfare of staff — Responsibility — Claim for damages — Decision rejecting the administrative complaint — Distortion of the evidence — Error of law
Case T-493/15 P Commission v CX
Appeal — Civil Service — Officials — Disciplinary procedure — Disciplinary sanction — Removal from post — Right to be heard — Article 22 of Annex IX to the Staff Regulations — Errors of law — Distortion of the evidence — Incomplete examination of the facts and evidence
Case T-625/15 Spa Monopole v EUIPO – YTL Hotels & Properties (SPA VILLAGE)
European Union trade mark — Opposition proceedings — Application for the European Union word mark SPA VILLAGE — Earlier Benelux word mark SPA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-29/16 Caffè Nero Group v EUIPO (CAFFÈ NERO)
EU trade mark — Application for the EU word mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009
Case T-37/16 Caffè Nero Group v EUIPO (CAFFÈ NERO)
EU trade mark — Application for the EU figurative mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009
Case T-116/16 Port autonome du Centre et de l'Ouest and Others v Commission
Action for annulment — State aid — Corporate tax — Aid in favour of Belgian ports granted by Belgium — Commission letter proposing the adoption of appropriate measures — Measure not open to challenge — Inadmissibility
Case T-123/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN-čerpací stanice)
EU trade mark — Opposition proceedings — Application for the EU word mark UNICORN-čerpací stanice — Earlier national word and figurative marks UNICORN — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-124/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-125/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark UNICORN — Earlier national word and figurative marks UNICORN and earlier national figurative mark representing a unicorn’s head — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009
Case T-201/15 Unicorn v EUIPO – Mercilink Equipment Leasing (UNICORN)
EU trade mark — Invalidity proceedings — EU word mark UNICORN — Earlier national word and figurative marks UNICORN — Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 — Reputation
Case T-7/16 La tarte tropézienne v EUIPO (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)
European Union trade mark — International registration designating the European Union — Figurative mark LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
November 2016
Case T-579/14 Birkenstock Sales v EUIPO (Representation of a pattern of wavy, crisscrossing lines)
EU trade mark — International registration designating the European Union — Figurative mark representing a pattern of wavy, crisscrossing lines — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Surface pattern — Application of a pattern on the packaging of a product
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 9 November 2016
ECLI:EU:T:2016:650 (Appeal: Case before the Court of Justice C-26/17 P) |
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Case T-602/15 Jenkinson v Council and Others
Arbitration clause — Staff of EU international missions — Consecutive fixed-term contracts — Compensation claim — Manifest lack of jurisdiction — Manifest inadmissibility
Language of the case: French
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Order of the General Court (First Chamber) of 9 November 2016
ECLI:EU:T:2016:660 (Appeal: Case before the Court of Justice C-43/17 P) |
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Case T-746/15 Biofa v Commission
Action for annulment — Plant protection products — Implementing Regulation (EU) 2015/2069 — Approval of the basic substance sodium hydrogen carbonate — Lack of direct concern — Inadmissibility
Language of the case: German
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Order of the General Court (Second Chamber) of 9 November 2016
ECLI:EU:T:2016:658 |
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Case T-720/14 Rotenberg v Council
Common foreign and security policy — Restrictive measures having regard to actions compromising or threatening Ukraine — Freezing of funds — Restrictions on admission to territory of the Member States — Natural person actively supporting of implementing actions compromising of threatening Ukraine — Physical person benefiting from the Russian decision-makers responsible for the annexation of Crimea — Rights of defence — Obligation to state reasons — Manifest errors of assessment — Right to property — Freedom to conduct a business — Right to respect for private life — Proportionality
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 30 November 2016
ECLI:EU:T:2016:689 |
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Information (on unpublished decisions)
Joined Cases T-268/15 and T-272/15 Apcoa Parking Holdings v EUIPO (PARKWAY)
European Union trade mark — Applications for European Union figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 8 November 2016 ECLI:EU:T:2016:662 (Appeal: Case before the Court of Justice C-32/17 P) |
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Case T-579/15 For Tune v EUIPO – Gastwerk Hotel Hamburg (fortune)
EU trade mark — Opposition proceedings — Application for the EU figurative mark fortune — Earlier German word mark FORTUNE-HOTELS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 8 November 2016 ECLI:EU:T:2016:644 (Appeal: Case before the Court of Justice C-23/17 P) |
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Case T-184/15 Trivisio Prototyping v Commission
Funding — Sixth framework programme for research, technological development and demonstration activities — Contracts concerning the projects ULTRA, CINeSPACE and IMPROVE — Partial reclassification of the action — Enforceable decision — Article 299 TFEU — Arbitration clause — Eligible costs — Recovery of sums paid
Case T-290/15 Smarter Travel Media v EUIPO (SMARTER TRAVEL)
EU trade mark — Application for the figurative EU trade mark SMARTER TRAVEL — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment
Case T-716/15 Gallardo Blanco v EUIPO – Expasa Agricultura y Ganadería (Representation of a branding iron (shape of an H-shaped horse bit))
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of the representation of a branding iron (shape of an H-shaped horse bit) — Earlier EU and Spanish figurative marks — Relative grounds for refusal — Genuine use of the earlier marks — Article 42(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
Case T-67/15 Polo Club v EUIPO – Lifestyle Equities (POLO CLUB SAINT-TROPEZ HARAS DE GASSIN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark POLO CLUB SAINT-TROPEZ HARAS DE GASSIN — Earlier EU figurative marks BEVERLY HILLS POLO CLUB — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Production of additional evidence — Discretion conferred by Article 76(2) of Regulation No 207/2009 — Remittal of the case in part to the Opposition Division — Article 64(1) and (2) of Regulation No 207/2009
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Judgment of the General Court (Ninth Chamber) of 10 November 2016 ECLI:EU:T:2016:657 (Appeal: Case before the Court of Justice C-10/17 P) |
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Case T-281/16 R Solelec and Others v Parliament
Interim measures — Public works contracts — Tendering procedure — Electrical work (high-voltage current) as part of the project for the extension and refurbishment of the Parliament’s Konrad Adenauer building in Luxembourg — Rejection of the bid submitted by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation of a measure — Lack of urgency
Case T-315/15 Vince v EUIPO (ELECTRIC HIGHWAY)
EU trade mark — Application for the EU word mark ELECTRIC HIGHWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-157/16 P Fedtke v EESC
Appeal — Civil Service — Officials — Purely confirmatory act — New substantive facts — Burden of proof
Joined Cases T-694/13 and T-2/15 Ipatau v Council
Common Foreign and Security Policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through European Union territory — Retention of the applicant’s name on the list of persons concerned — Rights of the defence — Obligation to state reasons — Error of assessment — Proportionality
Case T-328/15 P Alsteens v Commission
Appeal — Civil Service — Temporary staff — Renewal of contract — Restriction of the duration of the contract renewal — Rights of the defence
Case T-250/15 Speciality Drinks v EUIPO – William Grant (CLAN)
EU trade mark — Opposition proceedings — Application for EU word mark CLAN — Earlier EU word mark CLAN MACGREGOR — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the goods covered by the signs at issue — Relevant public — Interdependence of the criteria — Power to alter — Article 65(3) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 24 November 2016 ECLI:EU:T:2016:678 |
Case T-349/15 CG v EUIPO – Perry Ellis International Group (P PRO PLAYER)
EU trade mark — Opposition proceedings — Application for EU figurative mark P PRO PLAYER — Earlier EU and national figurative marks P and P PROTECTIVE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-578/15 Azur Space Solar Power v EUIPO (Represention of white lines and bricks on a black background)
EU trade mark — International registration designating the European Union — Figurative mark representing white lines and bricks on a black background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-614/15 Azur Space Solar Power v EUIPO (Represention of black lines and bricks)
EU trade mark — International registration designating the European Union — Figurative mark representing black lines and bricks — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-769/15 SeNaPro v EUIPO – Paltentaler Splitt & Marmorwerke (Dolokorn)
EU trade mark — Opposition proceedings — Application for EU word mark Dolokorn — Earlier EU word mark DOLOPUR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-598/15 Stichting Accolade v Commission
State aid — Sale of land at prices allegedly below market price — Complaint made by a third party to the Commission — Decision declaring that the contested measure does not constitute aid — Procedure governing the preliminary examination stage under Article 108(2) TFEU and under Article 10(1), Article 13(1) and Article 4(2) of Regulation (EC) No 659/1999 concerning allegedly unlawful individual aid — Action for annulment brought by a third party — Admissibility — Locus standi — Action designed to safeguard procedural rights — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility
Case T-128/16 SureID v EUIPO (SUREID)
EU trade mark — Application for the EU word mark SUREID — Absolute ground for refusal — Lack of descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Descriptive character — Action manifestly lacking any foundation in law
Case T-225/16 Matratzen Concord v EUIPO (Ganz schön ausgeschlafen)
EU trade mark — Application for EU word mark Ganz schön ausgeschlafen — Mark consisting of an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
Case T-279/11 T & L Sugars and Sidul Açúcares v Commission
Non-contractual liability — Agriculture — Sugar — Exceptional measures — Availability of supply on the EU market — 2010/11 marketing year — Rule of law intended to confer rights on individuals — Sufficiently serious infringement — Regulation (EC) No 1234/2007 — Principle of non-discrimination — Proportionality — Legitimate expectations — Duty of diligence and the principle of sound administration
Case T-103/12 T & L Sugars and Sidul Açúcares v Commission
Non-contractual liability — Agriculture — Sugar — Exceptional measures — Availability of supply on the EU market — 2011/12 marketing year — Rule of law intended to confer rights on individuals — Sufficiently serious infringement — Regulation (EC) No 1234/2007 — Principle of non-discrimination — Proportionality — Legal certainty — Legitimate expectations — Duty of diligence and the principle of sound administration
Case T-270/15 ANKO v REA
Arbitration clause — Subsidy agreement entered into in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ESS project — Conformity with the contractual provisions of the suspension of payments to the applicant and of the conditions for lifting that suspension of payments — Default interest
Case T-545/15 Pi-Design v EUIPO – Société des produits Nestlé (PRESSO)
EU trade mark — Opposition proceedings — International registration — Application for territorial extension of the protection — Word mark PRESSO — Earlier national word mark PRESSO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-617/15 Chic Investments v EUIPO (eSMOKING WORLD)
EU trade mark — Application for EU figurative mark eSMOKING WORLD — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-65/14 Bank Refah Kargaran v Council
Common Foreign and Security Policy — Restrictive measures against Iran — Freezing of funds — Further listing of the applicant after annulment of the initial listing by the General Court — Error in law — Error in fact — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality
Case T-89/14 Export Development Bank of Iran v Council
Common Foreign and Security Policy — Restrictive measures against Iran — Freezing of funds — Further listing of the applicant after annulment of the initial listing by the General Court — Error in law — Error in fact — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Proportionality — Equal treatment
Case T-217/15 Fiesta Hotels & Resorts v EUIPO – Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA)
EU trade mark — Invalidity proceedings — EU figurative mark PALLADIUM PALACE IBIZA RESORT & SPA — Earlier national trade name GRAND HOTEL PALLADIUM — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 30 November 2016 ECLI:EU:T:2016:691 (Appeal: Case before the Court of Justice C-75/17 P) |
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Case T-458/15 Automobile Club di Brescia v EUIPO – Rebel Media (e-miglia)
EU trade mark — Opposition proceedings — Application for EU figurative mark e-miglia — Earlier EU word marks MILLE MIGLIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-2/16 K&K Group v EUIPO – Pret a Manger (Europe) (Pret A Diner)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pret A Diner — Earlier EU figurative mark PRET A MANGER — Earlier national word mark PRET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctiveness or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009
December 2016
Case T-248/13 Al-Ghabra v Commission
Common foreign and security policy — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of the funds and economic resources of a person included on a list drawn up by a United Nations body — Inclusion of that person’s name on the list in Annex I to Regulation No 881/2002 — Action for annulment — Reasonable time — Obligation to verify and justify the merits of the grounds relied on — Judicial review
Language of the case: English
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Judgment of the General Court (Third Chamber) of 13 December 2016 (Extracts)
ECLI:EU:T:2016:721 |
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Case T-713/14 IPSO v ECB
ECB — Staff of the ECB — Temporary agency staff — Limit on the maximum length of service of the same agency worker — Action for annulment — Challengeable act — Direct and individual effect — Interest in bringing proceedings — Period allowed for commencing proceedings — Admissibility — Failure to inform and consult the applicant trade union — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber) of 13 December 2016
ECLI:EU:T:2016:727 |
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Case T-95/15 Printeos and Others v Commission
Competition — Agreements, decisions and concerted practices — European stock/catalogue and special printed envelopes market — Decision establishing an infringement of Article 101 TFEU — Coordination of sales prices and allocation of customers — Settlement procedure — Fines — Basic amount — Exceptional adjustment — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons — Equal treatment
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 13 December 2016
ECLI:EU:T:2016:722 |
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Case T-24/16 Sovena Portugal - Consumer Goods v EUIPO – Mueloliva (FONTOLIVA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark FONTOLIVA — Earlier national word mark FUENOLIVA — Relative ground for refusal — Validity of the registration of the earlier mark — Submission of new facts and evidence before the General Court — Genuine use of the earlier mark — Power to alter — Article 8(1)(b), Article 42(2) and (3) and Articles 65 and 76 of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber) of 13 December 2016
ECLI:EU:T:2016:726 |
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Case T-169/08 RENV DEI v Commission
Competition — Abuse of dominant position — Greek markets for the supply of lignite and of wholesale electricity — Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC — Granting or maintaining in favour of a public undertaking of rights to exploit public deposits of lignite — Definition of the relevant markets — Existence of inequality of opportunity — Obligation to state reasons — Legitimate expectations — Misuse of powers — Proportionality
Language of the case: Greek
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Judgment of the General Court (First Chamber) of 15 December 2016
ECLI:EU:T:2016:733 |
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Case T-466/14 Spain v Commission
Customs union — Importation of tuna products from El Salvador — Post-clearance recovery of import duties — Application for non-recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Right to sound administration under Article 872a of Regulation (EEC) No 2454/93 — Error of the competent authorities not reasonably capable of being detected
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 15 December 2016
ECLI:EU:T:2016:742 |
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Case T-548/14 Spain v Commission
Customs union — Imports of tuna products originating in Ecuador — Post-clearance recovery of import duties — Request for waiver of recovery of import duties — Article 220(2)(b) and Article 236 of Regulation (EEC) No 2913/92 — Notice to importers published in the Official Journal — Good faith — Application for the remission of import duties — Article 239 of Regulation (EEC) No 2913/92
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 15 December 2016
ECLI:EU:T:2016:739 |
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Case T-529/15 Intesa Sanpaolo v EUIPO (START UP INITIATIVE)
EU trade mark — Application for EU figurative mark START UP INITIATIVE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Language of the case: Italian
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Judgment of the General Court (First Chamber) of 15 December 2016
ECLI:EU:T:2016:747 |
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Information (on unpublished decisions)
Case T-532/15 P Z v Court of Justice of the European Union
Appeal — Civil service — Officials — Staff report — Impartiality of the Civil Service Tribunal — Application for recusal of the members of the formation of the Tribunal which delivered judgment — Rights of defence — Right to effective judicial protection
Case T-561/15 Universidad Internacional de la Rioja v EUIPO – Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR)
EU trade mark — Opposition proceedings — Application for EU figurative mark UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR — Earlier EU word mark UNIRIOJA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Eighth Chamber) of 1 December 2016 ECLI:EU:T:2016:698 (Appeal: Case before the Court of Justice C-50/17 P) |
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Case T-775/15 EK/servicegroup v EUIPO (FERLI)
EU trade mark — Application for the EU word mark FERLI — Requirement of clarity — Article 28 of Regulation (EC) No 207/2009 — Rights of the defence — Second sentence of Article 75 of Regulation No 207/2009
Case T-635/15 Tuum v EUIPO – Thun (TUUM)
EU trade mark — Application for EU figurative mark TUUM — Earlier national figurative mark THUN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-703/15 Groupe Go Sport v EUIPO – Design Go (GO SPORT)
EU trade mark — Opposition proceedings — Application for an EU word mark GO SPORT — Earlier national word marks GO — Partial refusal of registration by the Opposition Division — Late filing of the statement of grounds of appeal — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 — Rule 49(1) of Regulation (EC) No 2868/95
Case T-735/15 The Art Company B & S v EUIPO – Manifatture Daddato and Laurora (SHOP ART)
EU trade mark — Opposition proceedings — Application for an EU figurative mark SHOP ART — Earlier EU figurative mark art — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-764/14 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Call for tender procedure — Technical assistance, development and implementation of a computerised system for the ASEAN customs transit system (ACTS) — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Selection criteria — Award criteria — Obligation to state reasons — Manifest error of assessment — Equal treatment — Openness
Case T-548/15 Guiral Broto v EUIPO – Gastro & Soul (Café del Sol)
EU trade mark — Opposition proceedings — Application for the EU word mark Café del Sol — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence
Case T-549/15 Guiral Broto v EUIPO – Gastro & Soul (CAFE DEL SOL)
EU trade mark — Opposition proceedings — Application for the EU figurative mark CAFE DEL SOL — Earlier national figurative mark Café del Sol — Failure to submit evidence in the language of the opposition proceedings — Articles 75 and 76 of Regulation (EC) No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rights of the defence
Case T-744/15 Puro Italian Style v EUIPO (smartline)
EU trade mark — Application for EU figurative mark smartline — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-58/16 Apax Partners v EUIPO – Apax Partners Midmarket (APAX)
EU trade mark — Opposition proceedings — Application for the EU word mark APAX — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-366/15 P Todorova Androva v Council
Appeal — Civil Service — Officials — Promotion — 2011 promotion procedure — Non-inclusion on the list of officials eligible for promotion — Action at first instance dismissed — Article 45 of the Staff Regulations — Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP — Equal treatment — Obligation to state reasons — Burden of proof — Obligation on the court hearing the substantive application to investigate — Plea of illegality — Rule of correspondence between the complaint and the action before the EU Courts
Case T-397/15 PAL-Bullermann v EUIPO – Symaga (PAL)
EU trade mark — Revocation proceedings — EU figurative mark PAL — Partial revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing from the registered mark — Rule 22(3) and (4) of Regulation (EC) No 2868/95
Case T-745/15 Scorpio Poland v EUIPO – Eckes-Granini Group (YO!)
European Union trade mark — Opposition proceedings — Application for EU figurative mark YO! — Prior national work mark YO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-154/16 Grid applications v EUIPO (APlan)
European Union trade mark — Application for EU word mark APlan — Absolute ground for refusal — Descriptive nature — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-199/04 RENV Gul Ahmed Textile Mills v Council
Dumping — Imports of cotton-type bed linen originating in Pakistan — Interest in bringing proceedings — Initiation of the investigation — Constructed normal value — Manifest error of assessment — Rights of the defence — Obligation to state reasons — Right to be heard at a hearing — Comparison between the normal value and the export price — Drawback of import duties — Adjustment — Injury — Causal link — WTO law
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:740 (Appeal: Case before the Court of Justice C-100/17 P) |
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Case T-421/09 RENV DEI v Commission
Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC — Article 86(3) EC — Obligation to state reasons — Proportionality — Freedom of contract
Case T-112/13 Mondelez UK Holdings & Services v EUIPO – Société des produits Nestlé (Shape of a chocolate bar)
EU trade mark — Invalidity proceedings — Three-dimensional mark — Shape of a chocolate bar — Absolute ground for refusal — No distinctive character — Distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation No 207/2009
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:735 (Appeal: Case before the Court of Justice C-85/17 P) (Appeal: Case before the Court of Justice C-84/17 P) (Appeal: Case before the Court of Justice C-95/17 P) |
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Case T-177/13 TestBioTech and Others v Commission
Environment — Genetically modified products — Genetically modified soybean MON 87701 x MON 89788 — Request for internal review of the decision on marketing authorisation dismissed as unfounded — Obligation to state reasons — Manifest error of assessment
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:736 (Appeal: Case before the Court of Justice C-82/17 P) |
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Case T-758/14 Infineon Technologies v Commission
Competition — Agreements, decisions and concerted practices — Smart card chips — Decision finding an infringement of Article 101 TFEU — Exchanges of commercially sensitive information — Rights of defence — Infringement by object — Proof — Limitation period — Single and continuous infringement — 2006 Guidelines on the method of setting fines — Value of sales
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:737 (Appeal: Case before the Court of Justice C-99/17 P) |
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Case T-762/14 Philips and Philips France v Commission
Competition — Agreements, decisions and concerted practices — Smart card chips — Decision finding an infringement of Article 101 TFEU — Exchange of commercially sensitive information — Infringement by object — Single and continuous infringement — Principle of sound administration — Duty of care — Proof — 2006 Leniency Notice — Settlement Notice — Limitation period — 2006 Guidelines on the method of setting fines — Value of sales
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:738 (Appeal: Case before the Court of Justice C-98/17 P) |
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Case T-808/14 Spain v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha — Decision declaring the aid incompatible with the internal market — Concept of ‘undertaking’ — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — Duty of diligence — Reasonable period — Legal certainty — Equal treatment — Proportionality — Subsidiarity — Right to information
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:734 (Appeal: Case before the Court of Justice C-114/17 P) |
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Joined Cases T-37/15 and T-38/15 Abertis Telecom Terrestre and Telecom Castilla-La Mancha v Commission
State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less-urbanised areas of Castilla-La Mancha — Decision declaring the aid incompatible with the internal market — Concept of an undertaking — Economic activity — Advantage — Service of general economic interest — Distortion of competition — Article 107(3)(c) TFEU — New aid
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Judgment of the General Court (Fifth Chamber) of 15 December 2016 ECLI:EU:T:2016:743 (Appeal: Case before the Court of Justice C-91/17 P) (Appeal: Case before the Court of Justice C-92/17 P) |
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Case T-212/15 Aldi v EUIPO – Miquel Alimentació Grup (Gourmet)
EU trade mark — Opposition proceedings — Application for EU figurative mark Gourmet — Earlier national word and figurative marks GOURMET and Gourmet — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-227/15 Redpur v EUIPO – Redwell Manufaktur (Redpur)
EU trade mark — Opposition proceedings — Application for EU word mark Redpur — Earlier EU figurative mark redwell INFRAROT HEIZUNGEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009
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Judgment of the General Court (Seventh Chamber) of 15 December 2016 ECLI:EU:T:2016:745 (Appeal: Case before the Court of Justice C-86/17 P) |
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Case T-330/15 Keil v EUIPO – NaturaFit Diätetische Lebensmittelproduktion (BasenCitrate)
EU trade mark — Invalidity proceedings — EU word mark BasenCitrate — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Seventh Chamber) of 15 December 2016 ECLI:EU:T:2016:744 (Appeal: Case before the Court of Justice C-37/17 P) |
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Case T-391/15 Aldi v EUIPO – Cantina Tollo (ALDIANO)
EU trade mark — Opposition proceedings — Application for EU word mark ALDIANO — Earlier EU word mark ALDI — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Rule 22(3) of Regulation (EC) No 2868/95
Joined Cases T-678/15 and T-679/15 Novartis v EUIPO (Representation of a grey curve and represention of a green curve)
EU trade mark — Applications for EU figurative trade marks representing a grey curve and representing a green curve — Absolute ground for refusal — Distinctive character — Simplicity of the sign — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-826/16 R Casasnovas Bernad v Commission
Application for interim measures — Civil service — Contract staff — Termination of a contract of indefinite duration — Application for suspension of operation — No urgency
January 2017
Case T-577/14 Gascogne Sack Deutschland and Gascogne v European Union
Non-contractual liability — Precision of the application — Limitation of actions — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Material damage — Losses incurred — Interest on the amount of the outstanding fine — Bank guarantee charges — Loss of opportunity — Non-material damage — Causal link
Language of the case: French
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Judgment of the General Court (Third Chamber, Extended Composition) of 10 January 2017
ECLI:EU:T:2017:1 (Appeal: Case before the Court of Justice C-138/17 P) (Appeal: Case before the Court of Justice C-146/17 P) |
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Case T-242/15 ACDA and Others v Commission
Action for annulment — State aid — Extension of concession contracts — Motorway investment plan in France — Decision not to raise any objections — Association — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: French
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Order of the General Court (First Chamber) of 12 January 2017
ECLI:EU:T:2017:6 |
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Case T-88/09 DEP Idromacchine and Others v Commission
Procedure — Taxation of costs
Language of the case: Italian
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Order of the General Court (First Chamber) of 13 January 2017
ECLI:EU:T:2017:5 |
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Case T-189/14 Deza v ECHA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use di-(2-ethylhexyl)phthalate (DEHP) — Decision to disclose certain information considered confidential by the applicant — Exception relating to the protection of commercial interests — Concept of private life — Right to property — Obligation to state reasons
Language of the case: Czech
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Judgment of the General Court (Fourth Chamber) of 13 January 2017
ECLI:EU:T:2017:4 |
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Case T-512/09 RENV Rusal Armenal v Council
Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China — Definitive antidumping duty — Market Economy Treatment — Article 2(7)(b) and (c) second indent of Regulation (EC) No 384/96 — Cumulative assessment of imports subject to antidumping investigations — Article 3(4)(a) and (b) of Regulation No 384/96 — Undertaking offer — Article 8(3) of Regulation No 384/96
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 January 2017
ECLI:EU:T:2017:26 |
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Case T-181/14 DEP Nürburgring v EUIPO - Biedermann (Nordschleife)
Procedure — Taxation of costs
Language of the case: German
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Order of the General Court (Sixth Chamber) of 26 January 2017
ECLI:EU:T:2017:41 |
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Case T-474/15 GGP Italy 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 lawn mower — Requirements concerning protective devices — Successive versions of a harmonised standard — Legal certainty — Commission Decision declaring the measure justified — Error of law
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 26 January 2017
ECLI:EU:T:2017:36 |
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Information (on unpublished decisions)
Case T-699/14 Topps Europe v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Grant of licences in respect of intellectual-property rights for football-related collectibles — Decision rejecting a complaint — Access to the file — Article 8(1) of Regulation (EC) No 773/2004 — Manifest error of assessment — Relevant market — Exclusive licence — Single branding — Excessive prices
Case T-95/16 Aydin v EUIPO – Kaporal Groupe (ROYAL & CAPORAL)
EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Subsidiary action — Subject-matter of the action — No interest in bringing proceedings — Inadmissibility
Case T-225/15 QuaMa Quality Management v EUIPO – Microchip Technology (medialbo)
EU trade mark — Opposition proceedings — Application for EU trade mark medialbo — Earlier EU word mark MediaLB — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 41(1) of Regulation No 207/2009 — Registration of the transfer of the mark — Article 17(7) of Regulation No 207/2009
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Judgment of the General Court (Second Chamber) of 17 January 2017 ECLI:EU:T:2017:10 (Appeal: Case before the Court of Justice C-139/17 P) |
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Case T-419/15 Cofely Solelec and Others v Parliament
Public works contracts — Procurement procedure — Extension and renovation of the Konrad Adenauer building in Luxembourg — Annulment of the procurement procedure — Obligation to state reasons — Market value — Manifest error of assessment
Case T-719/15 P LP v Europol
Appeal — Civil Service — Temporary staff — Fixed-term contract — Decision not to renew — Implied rejection decision — Decision rejecting the complaint — Duty to state reasons — Duty to have regard for the welfare of staff
Case T-54/16 Netguru v EUIPO (NETGURU)
EU trade mark — Application for EU word mark NETGURU — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 41 of the Charter of Fundamental Rights — Article 75 of Regulation No 207/2009 — Article 76(2) of Regulation No 207/2009
Case T-92/11 RENV Andersen v Commission
State aid — Rail transport — Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) — Public service contracts for the supply of rail passenger transport services between Copenhagen and Ystad — Decision declaring the aid compatible with the internal market subject to certain conditions — Temporal application of rules of substantive law — Service of general economic interest — Manifest error of assessment
Case T-64/16 Wieromiejczyk v EUIPO (Tasty Puff)
EU trade mark — Application for EU figurative trade mark Tasty Puff — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009
Case T-399/15 Morgan & Morgan v EUIPO – Grupo Morgan & Morgan (Morgan & Morgan)
EU trade mark — Opposition proceedings — Application for EU figurative mark Morgan & Morgan — Earlier EU figurative mark MMG TRUST MIEMBRO DEL GRUPO MORGAN & MORGAN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-701/15 Stock Polska v EUIPO – Lass & Steffen (LUBELSKA)
EU trade mark — Opposition proceedings — Application for EU figurative mark LUBELSKA — Earlier national word mark Lubeca — Relative ground for refusal — Likelihood of confusion — Level of attention of the public — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 19 January 2017 ECLI:EU:T:2017:16 (Appeal: Case before the Court of Justice C-162/17 P) |
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Case T-232/16 P Commission v Frieberger and Vallin
Appeal — Civil service — Officials — Pensions — Reform of the Staff Regulations — Raising of the retirement age — Decision refusing to recalculate the bonus relating to pension rights — Principle of ne ultra petita — Error in law — Obligation to state reasons
Case T-727/15 Justice & Environment v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to an infringement procedure opened by the Commission against the Czech Republic — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest — Aarhus Convention — European Convention for the Protection of Human Rights and Fundamental Freedom
Case T-258/08 Rath v EUIPO – Portela & Ca. (Diacor)
EU trade mark — Opposition proceedings — Application for the EU word mark Diacor — Earlier national figurative mark Diacol PORTUGAL — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Evidence in a language other than the language of the proceedings — Rule 22(4) of Regulation (EC) No 2868/95 (now Rule 22(6) of Regulation No 2868/95, as amended) — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)
Case T-251/14 DEP Natorski and Pokrywa v EUIPO - PIS Opakowania (Part of a door)
Procedure — Taxation of costs — Manifest inadmissibility
Case T-749/15 Nausicaa Anadyomène and Banque d'escompte v ECB
Non-contractual liability — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek public debt — Programme for purchasing securities — Securities exchange agreement for the sole benefit of central banks in the Eurosystem — Private sector involvement — Collective action clauses — Credit enhancement in the form of a buyback programme intended to support the quality of the securities as collateral — Private creditors — Commercial banks — Sufficiently serious breach of a rule of law conferring rights on individuals — Legitimate expectations — Equal treatment
Case T-96/16 Solenis Technologies v EUIPO (STRONG BONDS. TRUSTED SOLUTIONS.)
EU trade mark — Application for the EU word mark STRONG BONDS. TRUSTED SOLUTIONS. — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-768/14 ANKO v Commission
Arbitration clause — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Pocemon project — Eligible costs — Counterclaim — Repayment of amounts paid — Default interest
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Judgment of the General Court (Fourth Chamber) of 25 January 2017 ECLI:EU:T:2017:28 (Appeal: Case before the Court of Justice C-172/17 P) |
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Case T-771/14 ANKO v Commission
Arbitration clause — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) –Doc@Hand project — Eligible costs — Counterclaim — Repayment of amounts paid — Default interest
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Judgment of the General Court (Fourth Chamber) of 25 January 2017 ECLI:EU:T:2017:27 (Appeal: Case before the Court of Justice C-173/17 P) |
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Case T-255/15 Almaz-Antey Air and Space Defence v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine — Freezing of funds — Legal person supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine — Proportionality — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Fundamental rights — Manifest error of assessment
Case T-325/15 Sun System Kereskedelmi és Szolgáltató v EUIPO – Hollandimpex Kereskedelmi és Szolgáltató (Choco Love)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Choco Love — Earlier EU and national word and figurative marks CHOCOLATE, CSOKICSŐ and Chocolate Brown — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-187/16 Anton Riemerschmid Weinbrennerei und Likörfabrik v EUIPO – Viña y Bodega Botalcura (LITU)
EU trade mark — Opposition proceedings — Application for EU word mark LITU — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 25 January 2017 ECLI:EU:T:2017:30 (Appeal: Case before the Court of Justice C-158/17 P) |
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Case T-217/16 Internacional de Productos Metálicos v Commission
Action for annulment — Dumping — Imports of certain iron or steel fasteners originating in the People’s Republic of China or consigned from Malaysia — Regulation repealing definitive anti-dumping duties — Act not of individual concern — Regulatory act entailing implementing measures — Manifest inadmissibility
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Order of the General Court (Second Chamber) of 25 January 2017 ECLI:EU:T:2017:37 (Appeal: Case before the Court of Justice C-145/17 P) |
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Case T-700/14 TV1 v Commission
Public service contracts — Tendering procedure — Supply of integrated audiovisual production, dissemination and archiving services — Rejection of the tender of one tenderer — Contract awarded to another tenderer — Offer abnormally low — Obligation to request further clarification — Obligation to state reasons — Transparency — Equal treatment and non-discrimination — Manifest error of assessment
Case T-703/14 Diktyo Amyntikon Viomichanion Net v Commission
Arbitration clause — ‘Firerob’ contract concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Request for reimbursement of the amounts paid to the applicant — Delegation of power — Admissibility — Abuse of contractual rights — Legitimate expectations — Proportionality
Case T-88/16 Opko Ireland Global Holdings v EUIPO – Teva Pharmaceutical Industries (ALPHAREN)
EU trade mark — Opposition proceedings — Application for EU word mark ALPHAREN — Earlier national word marks ALPHA D3 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Consideration of new evidence by the Board of Appeal following a judgment annulling a decision — Article 76(2) of Regulation No 207/2009
Case T-119/16 Topera v EUIPO (RHYTHMVIEW)
EU trade mark — Application for the European Union word mark RHYTHMVIEW — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
Case T-353/16 European Social Enterprise Law Association v EUIPO (EUROPEAN SOCIAL ENTERPRISE LAW ASSOCIATION)
EU trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility
Case T-130/16 Coesia v EUIPO (Depiction of a circular shape formed by two oblique, symmetrical red lines)
EU trade mark — Application for registration of an EU figurative mark representing two red oblique curves — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to assess the distinctiveness of a mark by reference to the perception which the relevant public has of it
February 2017
Case T-479/14 Kendrion v European Union
Non-contractual liability — Precision of the application — Admissibility — Article 47 of the Charter of Fundamental Rights — Reasonable time for adjudication — Material damage — Interest on the amount of the outstanding fine — Bank guarantee charges — Non-material damage — Causal link
Language of the case: Dutch
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 February 2017
ECLI:EU:T:2017:48 (Appeal: Case before the Court of Justice C-150/17 P) |
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Case T-725/14 Aalberts Industries v European Union
Non-contractual liability — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Circumstances of the case — Importance of the case — Complexity of the dispute — Conduct of the parties and supervening procedural matters — No period of unjustified inactivity
Language of the case: Dutch
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 February 2017
ECLI:EU:T:2017:47 |
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Case T-510/15 Mengozzi v EUIPO – Consorzio per la tutela dell'olio extravergine di oliva toscano (TOSCORO)
EU trade mark — Invalidity proceedings — EU word mark TOSCORO — Earlier protected geographical indication ‘Toscano’ — Absolute ground for refusal — Article 142 of Regulation (EC) No 40/94 — Articles 13 and 14 of Regulation (EEC) No 2081/92 — Declaration of partial invalidity
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 2 February 2017
ECLI:EU:T:2017:54 |
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Case T-646/13 Minority SafePack – one million signatures for diversity in Europe v Commission
Law governing the institutions — European citizens’ initiative — Protection of national and linguistic minorities and strengthening of cultural and linguistic diversity in the European Union — Refusal of registration — Commission manifestly lacking legislative powers — Obligation to state reasons — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
Language of the case: German
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Judgment of the General Court (First Chamber) of 3 February 2017
ECLI:EU:T:2017:59 |
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Case T-16/16 Mast-Jägermeister v EUIPO (Beakers)
Community design — Application for Community designs representing beakers — ‘Representation suitable for reproduction’ — Lack of precision of the representation with regard to the scope of the protection sought — Refusal to remedy the deficiencies — Refusal to attribute a date of filing — Articles 36 and 46 of Regulation (EC) No 6/2002 — Articles 4(1)(e) and 10(1) and (2) of Regulation (EC) No 2245/2002
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 9 February 2017
ECLI:EU:T:2017:68 (Appeal: Case before the Court of Justice C-217/17 P) |
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Case T-333/14 Helbrecht v EUIPO – Lenci Calzature (SportEyes)
EU trade mark — Opposition proceedings — Cancellation of the earlier figurative mark serving as a basis for the contested decision — No need to adjudicate
Language of the case: English
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Order of the General Court (Ninth Chamber) of 14 February 2017
ECLI:EU:T:2017:108 |
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Joined Cases T-828/14 and T-829/14 Antrax It v EUIPO – Vasco Group (Thermosiphons for radiators for heating)
Community design — Invalidity proceedings — Registered Community designs representing thermosiphons for radiators — Earlier designs — Plea of unlawfulness — Article 1(d) of Regulation (EC) No 216/96 — Article 41(1) of the Charter of Fundamental Rights — Principle of impartiality — Composition of the Board of Appeal — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Saturation of the state of the art — Date of assessment
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 16 February 2017
ECLI:EU:T:2017:87 |
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Case T-145/15 Romania v Commission
EAGGF and EAFRD — Area-related measures — Expenditure excluded from financing — Flat-rate financial corrections — Article 52 of Regulation (EU) No 1306/2013 — Obligation to state reasons — Proportionality
Language of the case: Romanian
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Judgment of the General Court (Seventh Chamber) of 16 February 2017
ECLI:EU:T:2017:86 |
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Joined Cases T-14/14 and T-87/14 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Plea of illegality — Legal basis — Misuse of powers — Rights of the defence — Legitimate expectations — Legal certainty — Ne bis in idem — Res judicata — Proportionality — Manifest error of assessment — Fundamental rights
Language of the case: English
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Judgment of the General Court (First Chamber) of 17 February 2017
ECLI:EU:T:2017:102 (Appeal: Case before the Court of Justice C-225/17 P) |
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Case T-493/14 Mayer v EFSA
Seconded national expert — EFSA rules on SNEs — Decision not to extend the secondment — Access to documents — Regulation (EC) No 1049/2001 — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Protection of personal data — Regulation (EC) No 45/2001 — Applications for a declaration and seeking the issue of directions — Written pleadings supplementing the originating application — Amendments to the heads of claim — Admissibility
Language of the case: German
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Judgment of the General Court (First Chamber) of 17 February 2017
ECLI:EU:T:2017:100 |
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Case T-726/14 Novar v EUIPO
Non-contractual liability — Proof of the existence, validity and scope of protection of the earlier mark — International registration designating the European Union — Decision rejecting the opposition in the absence of proof of the earlier right — Rule 19(2)(a) of Regulation (EC) No 2868/95 — Revision of the decision — Article 62(2) of Regulation (EC) No 207/2009 — Damage consisting in the lawyers’ fees — Causal link
Language of the case: German
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Judgment of the General Court (First Chamber) of 17 February 2017
ECLI:EU:T:2017:99 |
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Case T-40/15 ASPLA and Armando Álvarez v European Union
Non-contractual liability — Precision of the application — Limitation of actions — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Material damage — Interest on the amount of the outstanding fine — Bank guarantee charges — Causal link
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 17 February 2017
ECLI:EU:T:2017:105 (Appeal: Case before the Court of Justice C-174/17 P) (Appeal: Case before the Court of Justice C-222/17 P) |
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Case T-192/16 NF v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
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Order of the General Court (First Chamber, Extended Composition) of 28 February 2017
ECLI:EU:T:2017:128 (Appeal: Case before the Court of Justice C-208/17 P) |
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Case T-193/16 NG v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
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Order of the General Court (First Chamber, Extended Composition) of 28 February 2017
ECLI:EU:T:2017:129 (Appeal: Case before the Court of Justice C-209/17 P) |
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Case T-257/16 NM v European Council
Action for annulment — EU-Turkey statement of 18 March 2016 — Press release — Concept of ‘international agreement’ — Identification of the author of the act — Scope of the act — Meeting of the European Council — Meeting of the Heads of State or Government of the Member States of the European Union held on the premises of the Council of the European Union — Capacity of the representatives of the Member States of the European Union during a meeting with the representative of a third country — First paragraph of Article 263 TFEU — Lack of jurisdiction
Language of the case: English
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Order of the General Court (First Chamber, Extended Composition) of 28 February 2017
ECLI:EU:T:2017:130 (Appeal: Case before the Court of Justice C-210/17 P) |
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Information (on unpublished decisions)
Case T-19/15 Gómez Echevarría v EUIPO – M and M Direct (wax by Yuli's)
EU trade mark — Invalidity proceedings –EU figurative mark wax by Yuli’s — Earlier EU word mark MADWAX and earlier national figurative mark wax — Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Extent of the examination carried out by the Board of Appeal — Article 64(1) of Regulation No 207/2009 — Rights of the defence — Article 41(2)(a) of the Charter of Fundamental Rights — Abuse of rights — Costs of representation before EUIPO — Article 85(1) of Regulation No 207/2009
Case T-29/15 International Management Group v Commission
Development cooperation — Annual Action Programme in favour of Myanmar/Burma to be financed from the general budget of the European Union — Budget implementing decision — Modification — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Principle of sound financial management — Principle of sound administration — Transparency — Remedy — Legitimate expectations
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Judgment of the General Court (Fifth Chamber) of 2 February 2017 ECLI:EU:T:2017:56 (Appeal: Case before the Court of Justice C-183/17 P) |
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Case T-74/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Services for development, study and support for information systems (ESP DESIS III) — Requests for supply of services issued as part of the same lot — Mechanism for reopening to competition — Rejection of the tenderers’ tenders — Award criteria — Obligation to state reasons — Abnormally low offer — Claim for compensation
Case T-381/15 IMG v Commission
Protection of the European Union’s financial interests — Strengthened audit and monitoring measures and verification warning in the early warning system (EWS) — Decision suspending the possibility for the applicant to conclude contracts for indirect management with the Commission having regard to doubts regarding its status as an international organisation — Action for annulment — Act not open to challenge — No interest in bringing proceedings — Partial inadmissibility — Rights of the defence — Obligation to state reasons — Manifest error of assessment — Proportionality — Legal certainty — Legitimate expectations — Application for damages
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Judgment of the General Court (Fifth Chamber) of 2 February 2017 ECLI:EU:T:2017:57 (Appeal: Case before the Court of Justice C-184/17 P) |
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Case T-686/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — Lack of genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-687/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-689/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-690/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-691/15 Marcas Costa Brava v EUIPO – Excellent Brands JMI (Cremcaffé by Julius Meinl)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009
Case T-509/15 Kessel medintim v EUIPO – Janssen-Cilag (Premeno)
EU trade mark — Opposition proceedings — Application for the EU word mark Premeno — Earlier national word mark Pramino — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision — Right to be heard — Article 75 of Regulation No 207/2009
Case T-645/16 R Vorarlberger Landes- und Hypothekenbank v SRB
Interim measures — Single Resolution Board — Single Resolution Fund — Ex-ante contributions — Application for stay of execution — No urgency
Case T-137/16 Uniwersytet Wrocławski v Commission and REA
Actions for annulment — Arbitration clause — Seventh Framework Programme for Research and Technological Development (2007-2013) — Decision of the REA — Identification of the defendant — Partial inadmissibility
Case T-593/16 Stips v Commission
Action for damages — Civil service — Temporary staff — No request within the meaning of Article 90(1) of the Staff Regulations — Manifest inadmissibility
Case T-271/15 P LD v EUIPO
Appeal — Civil service — Officials — Appraisal report — 2011/2012 appraisal period — Distortion of facts — Error of law — Breach of fiduciary duty — Legitimate expectations
Case T-696/15 Bodegas Vega Sicilia v EUIPO (TEMPOS VEGA SICILIA)
EU trade mark — Application for the EU word mark TEMPOS VEGA SICILIA — Absolute ground for refusal — Trade mark for wine with geographical indications — Article 7(1)(j) of Regulation (EC) No 207/2009
Case T-82/16 International Gaming Projects v EUIPO – adp Gauselmann (TRIPLE EVOLUTION)
EU trade mark — Opposition proceedings — Application for the figurative EU trade mark TRIPLE EVOLUTION — Earlier EU word mark Evolution — Relative ground of refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-106/16 zero v EUIPO – Hemming (ZIRO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark ZIRO — Earlier EU figurative mark zero — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-142/16 Dröge and Others v Commission
Action for annulment — Declaration of intent and two Commission decisions on the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership between the European Union and the United States (TTIP) — Right of access of staff of members of national parliaments to certain confidential documents relating to the TTIP negotiations — Measures against which no action may be brought — Inadmissibility
Case T-153/16 Acerga v Council
Action for annulment — Fisheries — Conservation of fisheries resources — Fishing opportunities for certain fish stocks and groups of fish stocks in Union waters and, for Union fishing vessels, in certain non-Union waters — Association — No individual concern — Act entailing implementing measures — Inadmissibility
Case T-598/16 Pipiliagkas v Commission
Action for annulment — Civil service — Officials — Assignment — Transfer in the interest of the service — Reassignment of the applicant — Implementation of a judgment — Pre-litigation procedure — Measure not open to challenge — Inadmissibility
Case T-688/15 P Schönberger v Court of Auditors
Appeal — Civil service — Officials — Promotion — 2011 promotion procedure — Decision not to promote the applicant to grade AD 13 — Rejection of the action at first instance, after its referral back by the General Court, as in part manifestly inadmissible and in part manifestly unfounded — Prospect of promotion
Case T-15/16 Pandalis v EUIPO – LR Health & Beauty Systems (Cystus)
EU trade mark — Revocation proceedings — EU word mark Cystus — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 — No genuine use of the mark
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Judgment of the General Court (Third Chamber) of 14 February 2017 ECLI:EU:T:2017:75 (Appeal: Case before the Court of Justice C-194/17 P) |
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Case T-270/16 P Kerstens v Commission
Appeal — Civil Service — Officials — Dismissal of the action at first instance — Acts contrary to the dignity of the civil service — Dissemination of insulting remarks with regard to another official — Disciplinary proceedings — Enquiry in the form of an examination of the facts — Disciplinary penalty of a reprimand — Procedural irregularity — Consequences of the irregularity
Case T-568/15 Morgese and Others v EUIPO – All Star (2 STAR)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 2 STAR — Earlier EU figurative mark ONE STAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-30/16 M. I. Industries v EUIPO – Natural Instinct (Natural Instinct Dog and Cat food as nature intended)
EU trade mark — Opposition proceedings — Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended — Earlier EU word marks INSTINCT and NATURE’S VARIETY — Genuine use of the earlier mark — Nature of the use — Article 42(2) of Regulation No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95
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Judgment of the General Court (Fifth Chamber) of 15 February 2017 ECLI:EU:T:2017:77 (Appeal: Case before the Court of Justice C-218/17 P) |
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Case T-191/14 Lubrizol France v Council
Common Customs Tariff — Regulation concerning the suspension of autonomous duties on certain agricultural and industrial products — Objection to existing suspensions — Equivalence of products — Procedure for handling objections
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Judgment of the General Court (Fifth Chamber) of 16 February 2017 ECLI:EU:T:2017:90 (Appeal: Case before the Court of Justice C-223/17 P) |
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Case T-706/14 Holistic Innovation Institute v REA
Research and technological development — Projects funded by the European Union in the field of research — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ZONeSEC and Inachus projects — Decision refusing participation of the applicant — Action for annulment and liability
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Judgment of the General Court (Fifth Chamber) of 16 February 2017 ECLI:EU:T:2017:89 (Appeal: Case before the Court of Justice C-241/17 P) |
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Case T-783/14 SolarWorld v Commission
Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Approval of a downward adjustment of the minimum import price pursuant to an undertaking accepted in connection with anti-dumping and anti-subsidy proceedings — Union industry — Article 8(1) of Regulation (EC) No 1225/2009
Case T-71/15 Jaguar Land Rover v EUIPO – Nissan Jidosha (Land Glider)
EU trade mark — Opposition proceedings — Application for EU word mark Land Glider — Earlier EU and national word and figurative marks LAND ROVER — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009
Case T-98/15 Tubes Radiatori v EUIPO – Antrax It (Heating radiators)
Community design — Invalidity proceedings — Registered Community design representing a radiator — Earlier design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Right to be heard — Invitation to lodge evidence and observations following an annulment judgment of the General Court — Saturation of the state of the art
Case T-513/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Map)
EU trade mark — Application for the EU word mark Limbic® Map — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-516/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Types)
EU trade mark — Application for the EU word mark Limbic® Types — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-517/15 Gruppe Nymphenburg Consult v EUIPO (Limbic® Sales)
EU trade mark — Application for the EU word mark Limbic® Sales — Lack of distinctive character — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-603/15 Frank v Commission
Action for annulment — Horizon 2020 Framework Programme for Research and Innovation — Calls for proposals and related activities under the ERC Work Programme 2015 — Decision of the ERCEA declaring the proposal submitted by the applicant ineligible — Implied decision of the Commission rejecting the administrative appeal relating to the decision of the ERCEA — Incorrect designation of the defendant — Inadmissibility
Case T-18/16 DMC v EUIPO – Etike' International (De Giusti ORGOGLIO)
EU trade mark — Opposition proceedings — Application for EU figurative mark De Giusti ORGOGLIO — Earlier EU word mark ORGOGLIO — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-140/16 RII Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid by way of reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — Fresh application — New facts — No urgency
Case T-594/16 Walton v Commission
Action for annulment — Civil service — Temporary agents — Severance grant — Revision of the calculation — Res judicata — Action in part inadmissible and in part manifestly lacking any foundation in law
Case T-624/16 R Gollnisch v Parliament
Interim measures — Member of the European Parliament — Recovery, by way of compensation, of allowances paid as reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 16 February 2017 ECLI:EU:T:2017:94 (Appeal: Case before the Court of Justice C-189/17 P(R)) |
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Case T-626/16 R Troszczynski v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid in the context of the reimbursement of parliamentary assistance expenses — Application for suspension of operation — Lack of urgency
Case T-351/14 Construlink v EUIPO – Wit-Software (GATEWIT)
EU trade mark — Opposition proceedings — Application for EU word mark GATEWIT — Earlier EU figurative mark wit software — Earlier national business name Wit-Software, Consultoria e Software para a Internet Móvel, SA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) and (4) of Regulation (EC) No 207/2009
Case T-811/14 Unilever v EUIPO – Technopharma (Fair & Lovely)
EU trade mark — Opposition proceedings — Application for EU figurative mark Fair & Lovely — Earlier national and Benelux word marks FAIR & LOVELY — Decision on the appeal — Article 64(1) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Legitimate expectations — Misuse of powers — Manifest errors of assessment
Case T-369/15 Hernández Zamora v EUIPO – Rosen Tantau (Paloma)
EU trade mark — Opposition proceedings — Application for the EU word mark Paloma — Earlier EU figurative mark Paloma — Relative ground for refusal — Likelihood of confusion — Article 8(1) of Regulation (EC) No 207/2009
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Judgment of the General Court (Ninth Chamber) of 17 February 2017 ECLI:EU:T:2017:106 (Appeal: Case before the Court of Justice C-224/17 P) |
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Case T-441/15 European Dynamics Luxembourg and Others v EMA
Arbitration clause — Multiple framework contract involving the ‘cascade’ system EMA/2012/10/ICT — External service provision for software applications — Request to provide services addressed to the applicants — Rejection of the candidates proposed by the applicants — Proportionality — Reclassification in part of the action — Non-contractual liability
Case T-596/15 Batmore Capital v EUIPO – Univers Poche (POCKETBOOK)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative trade mark POCKETBOOK — Earlier national figurative marks POCKET — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-688/16 R Janssen-Cases v Commission
Interim proceedings — Civil service — Vacancy notice — Commission’s ombudsman — Application for a stay in execution — No urgency
Case T-157/14 JingAo Solar and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link
Joined Cases T-158/14, T-161/14 and T-163/14 JingAo Solar and Others v Council
Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Scope of the investigation — Sampling — Definition of the product concerned
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Judgment of the General Court (Fifth Chamber) of 28 February 2017 ECLI:EU:T:2017:126 (Appeal: Case before the Court of Justice C-237/17 P) |
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Case T-160/14 Yingli Energy (China) and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link — Rights of the defence — Calculation of the injury margin
Case T-162/14 Canadian Solar Emea and Others v Council
Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Exporting country — Scope of the investigation — Sampling — Normal value — Definition of the product concerned — Time limit for the adoption of a decision on a market economy treatment claim — Temporal application of new provisions — Injury — Causal link
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Judgment of the General Court (Fifth Chamber) of 28 February 2017 ECLI:EU:T:2017:124 (Appeal: Case before the Court of Justice C-236/17 P) |
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Case T-766/15 Labeyrie v EUIPO – Delpeyrat (Representation of a sowing of golden fish on a blue background)
EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of golden fish on a blue background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character
Case T-767/15 Labeyrie v EUIPO – Delpeyrat (Representation of a sowing of light coloured fish on a dark background)
EU trade mark — Revocation proceedings — EU figurative mark representing a sowing of light coloured fish on a dark background — Declaration of revocation — Genuine use of the mark — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Form differing by elements not altering the distinctive character
March 2017
Case T-454/13 SNCM v Commission
State aid — Maritime cabotage — Aid awarded by France to Société nationale martime Corse Méditerranée (SNCM) and Compagnie méridionale de navigation — Service of general economic interest — Compensation for an additional service, on top of the basic service, covering peak periods during the tourist season — Decision declaring aid incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment — Determination of the amount of aid
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 1 March 2017
ECLI:EU:T:2017:134 |
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Case T-194/13 United Parcel Service v Commission
Competition — Mergers — Regulation (EC) No 139/2004 — International express small package delivery services in the EEA — Acquisition of TNT Express by UPS — Decision declaring the merger incompatible with the internal market — Likely effects on prices — Econometric analysis — Rights of defence
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 7 March 2017
ECLI:EU:T:2017:144 (Appeal: Case before the Court of Justice C-265/17 P) |
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Case T-336/15 Windrush Aka v EUIPO – Dammers (The Specials)
EU trade mark — Revocation proceedings — EU word mark The Specials — Genuine use — Article 51(1)(a) of Regulation (EC) No 207/2009 — Consent of the proprietor of the trade mark — Article 15(2) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (First Chamber) of 22 March 2017
ECLI:EU:T:2017:197 (Appeal: Case before the Court of Justice C-325/17 P) |
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Case T-117/15 Estonia v Commission
Actions for annulment — Agriculture — Common organisation of the markets — Measures to be adopted in consequence of the accession of new Member States — Amounts to be charged for quantities of surplus sugar not eliminated — Request for modification of a final decision of the Commission — Refusal of the request — Act not open to challenge — Confirmatory measure — No new substantive particulars — Inadmissibility
Language of the case: Estonian
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Judgment of the General Court (First Chamber, Extended Composition) of 24 March 2017
ECLI:EU:T:2017:217 (Appeal: Case before the Court of Justice C-334/17 P) |
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Case T-210/15 Deutsche Telekom v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for the application of the competition rules — Refusal to grant access — Duty to state reasons — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Consultation with third parties — Transparency — No response to a confirmatory request with the time limits
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 28 March 2017
ECLI:EU:T:2017:224 |
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Case T-112/15 Greece v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Area-related aid scheme — Concept of permanent pasture — Obligation to state reasons — Proportionality — Flat-rate financial correction — Deduction of earlier correction
Language of the case: Greek
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Judgment of the General Court (Eighth Chamber) of 30 March 2017
ECLI:EU:T:2017:239 (Appeal: Case before the Court of Justice C-341/17 P) |
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Information (on unpublished decisions)
Case T-366/13 France v Commission
State aid — Maritime cabotage — Aid implemented by France in favour of the Société nationale maritime Corse Méditerranée (SNCM) and the Compagnie méridionale de navigation — Service of general economic interest — Compensation for a service additional to the basic service intended to cover peak periods during the tourist season — Decision declaring aid incompatible with the internal market — Concept of State aid — Advantage — Altmark judgment
Case T-208/15 Universiteit Antwerpen v REA
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Marie Curie actions — Early-stage researchers — Call for proposals FP7-People-ITN-2008 — Grant agreements — Eligible costs — Recovery of sums paid — Concept of hosting researchers — Proportionality
Case T-278/15 P EEAS v KL
Appeal — Civil service — Officials — Promotion — 2013 promotion procedure — Non-inclusion in the list of promoted officials — No error of law
Case T-472/15 P EEAS v Gross
Appeal — Civil service — Officials — Promotion — 2013 promotion exercise — Non-inclusion on the list of promoted officials — No error of law
Case T-698/15 P Silvan v Commission
Appeal — Civil service — Officials — 2013 promotion exercise — Decision not to promote the appellant — Comparison of the merits — Taking into account of staff reports — No error of law
Case T-76/16 Ikos v EUIPO (AEGYPTISCHE ERDE)
European Union trade mark — Application for EU word mark AEGYPTISCHE ERDE — Absolute ground for refusal — Descriptive character — Rejection of the application — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-730/15 P DI v EASO
Appeal — Civil service — EASO staff — Member of the contract staff — Fixed-term contract — Probationary period — Dismissal decision — Action for annulment and for damages — Dismissal of the action as manifestly inadmissible at first instance — Rule that the application and the complaint correspond — Article 91(2) of the Staff Regulations
Case T-556/16 GX v Commission
Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD/248/13 — Decision not to include the applicant on the reserve list — Action manifestly lacking any foundation in law
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Rectification order of 7 July 2017 ECLI:EU:T:2017:509 |
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Order of the General Court (Third Chamber) of 3 March 2017 ECLI:EU:T:2017:139 (Appeal: Case before the Court of Justice C-233/17 P) |
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Case T-140/16 Le Pen v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Procedure — Recoverable costs — Partial manifest inadmissibility
Case T-436/14 Neka Novin v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Maintenance of the applicant’s name on the list of persons concerned — Error of law — Manifest error of assessment — Proportionality
Case T-622/14 Lauritzen Holding v EUIPO – DK Company (IWEAR)
European Union trade mark — Opposition proceedings — Application for European Union word mark IWEAR — Earlier European Union word mark INWEAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-295/16 SymbioPharm v EMA
Action for annulment — Medicinal products for human use — Commencement of the procedure for referral to the EMA — Articles 31 to 34 of Directive 2001/83/EC — Medicinal product Symbioflor 2 and medicinal products with similar designations — Act not open to challenge — Preparatory act — Inadmissibility
Case T-504/15 Rafhaelo Gutti v EUIPO – Transformados del Sur (CAMISERIA LA ESPAÑOLA)
EU trade mark — Opposition proceedings — Application for EU figurative mark CAMISERIA LA ESPAÑOLA — Earlier national figurative mark representing two crossed flags — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-23/16 Biernacka-Hoba v EUIPO – Formata Bogusław Hoba (Formata)
EU trade mark — Invalidity proceedings — EU figurative mark Formata — Absolute ground for invalidity — Absence of bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — Relative ground for invalidity — Likelihood of confusion — Article 53(1)(a) and Article 8(1)(a) and (b) of Regulation (EC) No 207/2009
Case T-22/16 Comprojecto-Projectos e Construções and Others v ECB
Action for failure to act, for annulment and for damages — Economic and monetary policy — Supervision of credit institutions — Prevention of the use of the financial system for the purposes of money laundering — Corrective measures — No invitation to act — Lack of precision in the application — Act not open to challenge — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-104/16 Puma v EUIPO (FOREVER FASTER)
EU trade mark — International registration designating the European Union — Word mark FOREVER FASTER — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment — Principle of sound administration
Case T-308/16 Marsh v EUIPO (ClaimsExcellence)
EU trade mark — Application for the EU word mark ClaimsExcellence — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-400/16 Maximum Play v EUIPO (MAXPLAY)
EU trade mark — Application for the EU word mark MAXPLAY — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-625/16 R Przedsiębiorstwo Energetyki Cieplnej v ECHA
Interim measures — European Chemicals Agency — REACH — Fee payable for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Decision imposing an administrative charge and an additional fee — Application for suspension of operation of a measure — No urgency
Case T-855/16 R Fertisac v ECHA
Interim proceedings — REACH — Fee due for registration of a substance — Reduction granted to micro, small and medium-sized undertakings — Decision imposing an administrative charge and a supplementary fee — Application for suspension of operation — No urgency
Case T-741/14 Hersill v EUIPO – KCI Licensing (VACUP)
EU trade mark — Opposition proceedings — Application for the EU word mark VACUP — Earlier EU word marks MINIVAC and V.A.C. — No genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Case T-132/15 IR v EUIPO – Pirelli Tyre (popchrono)
EU trade mark — Revocation proceedings — EU word mark popchrono — Absence of genuine use of a trade mark — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-276/15 Edison v EUIPO – Eolus Vind (e)
EU trade mark — Opposition proceedings — Application for an EU figurative mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-346/15 Bank Tejarat v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Re-listing of the applicant — Obligation to state reasons — Manifest error of assessment — Res judicata — Misuse of powers — Fundamental rights
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Judgment of the General Court (First Chamber) of 14 March 2017 ECLI:EU:T:2017:164 (Appeal: Case before the Court of Justice C-248/17 P) |
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Case T-21/16 Karl Conzelmann v EUIPO (LIKE IT)
EU trade mark — Application for registration of the word mark LIKE IT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-174/16 Wessel-Werk v EUIPO – Wolf PVG (Suction nozzles for vacuum cleaners)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing a suction nozzle for a vacuum cleaner — Earlier Community design — Ground for invalidity — Individual character — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-175/16 Wessel-Werk v EUIPO – Wolf PVG (Suction nozzles for vacuum cleaners)
Community design — Proceedings for a declaration of invalidity — Registered Community design representing a suction nozzle for a vacuum cleaner — Earlier Community design — Ground for invalidity — Individual character — Informed user — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-48/17 R ADDE v Parliament
Interim measures — Financing of a political party — Institutional law — Bank guarantee — Lack of urgency
Case T-455/16 P Fernández González v Commission
Appeal — Civil service — Temporary staff — Recruitment — Employment of temporary staff in permanent posts — Plea of illegality — Error of law
Case T-473/15 Capella v EUIPO – Abus (APUS)
EU trade mark — Opposition proceedings — Application for the EU word mark APUS — Earlier national word mark ABUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Successive restrictions of the trade mark application before the Board of Appeal — Article 43(1) of Regulation No 207/2009 — Competence of the Board of Appeal — Article 64(1) of Regulation No 207/2009 — Right to be heard — Article 75, second sentence, of Regulation No 207/2009 — Rule 13(3) of Regulation (EC) No 2868/95
Case T-495/15 Sociedad agraria de transformación n° 9982 Montecitrus v EUIPO – Spanish Oranges (MOUNTAIN CITRUS SPAIN)
EU trade mark — Opposition proceedings — Application for the EU figurative mark MOUNTAIN CITRUS SPAIN — Earlier EU figurative mark monteCitrus — Relative ground for refusal — No likelihood of confusion — Identity of the goods — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-199/16 Kohrener Landmolkerei and DHG v Commission
Action for annulment — System of traditional specialities guaranteed — Regulation (EU) No 1151/2012 — Implementing Regulation (EU) 2016/304 — Time-limit for the forwarding of the notice of opposition to the Commission by the competent authorities — Action manifestly lacking any foundation in law
Case T-231/15 Haswani v Council
Common Foreign and Security Policy — Restrictive measures taken against Syria — Freezing of funds — Modification of the application — Obligation to state reasons –Rights of the defence — Error of assessment — Proportionality — Non-contractual liability
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Judgment of the General Court (Seventh Chamber) of 22 March 2017 ECLI:EU:T:2017:200 (Appeal: Case before the Court of Justice C-313/17 P) |
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Case T-425/16 Hoffmann v EUIPO (Genius)
European Union trade mark — Application for EU word mark Genius — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-430/16 Intercontinental Exchange Holdings v EUIPO (BRENT INDEX)
EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-239/15 Cryo-Save v EUIPO – MedSkin Solutions Dr. Suwelack (Cryo-Save)
EU trade mark — Revocation proceedings — EU word mark Cryo-Save — Article 51(1)(a) of Regulation (EC) No 207/2009 — Genuine use of the mark — Burden of proof — Declaration of revocation
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Judgment of the General Court (Sixth Chamber) of 23 March 2017 ECLI:EU:T:2017:202 (Appeal: Case before the Court of Justice C-327/17 P) |
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Case T-216/16 Vignerons de la Méditerranée v EUIPO – Bodegas Grupo Yllera (LE VAL FRANCE)
EU trade mark — Opposition proceedings — Application for EU figurative mark LE VAL FRANCE — Earlier EU word mark VIÑA DEL VAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-624/16 Gollnisch v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-626/16 Troszczynski v Parliament
Actions for annulment — Rules on costs and indemnities of MEPs — Parliamentary assistance allowances — Recovery of sums unduly paid — Complaint — Rejection of the plea of inadmissibility
Case T-20/17 R Hungary v Commission
Application for interim measures — State aid — Hungarian tax on advertisement turnover — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 23 March 2017 ECLI:EU:T:2017:203 (Appeal: Case before the Court of Justice C-204/17 P(R)) |
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Case T-139/17 R Kibelisa v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-140/17 R Kampete v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-141/17 R Amisi Kumba v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-142/17 R Kaimbi v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-143/17 R Ilunga Luyoyo v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-144/17 R Numbi v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-145/17 R Kanyama v Council
Application for interim measures — Restrictive measures — Democratic Republic of the Congo — Application for suspension of operation of a measure — No urgency
Case T-167/17 R RV v Commission
Interim measures — Civil Service — Placed on leave and automatically retired — Application for a stay of execution — Not urgent
Case T-681/14 El-Qaddafi v Council
Common foreign and security policy — Restrictive measures taken against Libya — Freezing of funds — Restrictions on the entry into and transit through the territory of the European Union — Retention of the applicant’s name — Rights of the defence — Obligation to state reasons
Case T-538/15 Regent University v EUIPO – Regent's College (REGENT UNIVERSITY)
EU trade mark — Invalidity proceedings — EU word mark REGENT UNIVERSITY — Earlier national figurative mark REGENT’S COLLEGE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-733/15 Portugal v Commission
Failure to comply with a judgment of the Court of Justice finding that a State has failed to fulfil its obligations — Penalty payment — Decision quantifying the penalty payment — Repeal of the contested national measure — Date on which the infringement was brought to an end
Case T-387/15 J & Joy v EUIPO – Joy-Sportswear (J AND JOY)
EU trade mark — Opposition proceedings — EU word mark J AND JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-388/15 J & Joy v EUIPO – Joy-Sportswear (JN-JOY)
EU trade mark — Opposition proceedings — EU word mark JN-JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-389/15 J & Joy v EUIPO – Joy-Sportswear (J&JOY)
EU trade mark — Opposition proceedings — EU figurative mark J&JOY — Earlier national figurative mark joy SPORTSWEAR — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Assessment criteria — Composite mark — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-501/15 Netherlands v Commission
EAGF and EAFRD — Expenditure excluded from financing — Integrated administration and control system — Reductions and exclusions where rules on cross-compliance not observed — Minor non-compliance — Article 24(2) of Regulation (EC) No 73/2009 — Article 71(3) of Regulation (EC) No 1122/2009 — Burden of proof — Interpretation of Annex II to Regulation (EC) No 73/2009
Case T-638/15 Alcohol Countermeasure Systems (International) v EUIPO – Lion Laboratories (ALCOLOCK)
EU trade mark — Invalidity proceedings — EU word mark ALCOLOCK — United Kingdom word mark ALCOLOCK — Relative ground for refusal — Article 8(1)(a) and (b) and Article 53(1)(a) and (b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark
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Judgment of the General Court (First Chamber) of 29 March 2017 ECLI:EU:T:2017:229 (Appeal: Case before the Court of Justice C-340/17 P) |
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Case T-209/16 Apax Partners UK v EUIPO – Apax Partners Midmarket (APAX PARTNERS)
EU trade mark — Invalidity proceedings — Application for the EU word mark APAX PARTNERS — Earlier international word mark APAX — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
April 2017
Case T-28/16 Germany v Commission
EAGF and EAFRD — Expenditure excluded from financing — Rural development — Land consolidation and village renewal — Criteria used for selection of operations — Principle of sincere cooperation — Subsidiarity — Legitimate expectations — Proportionality — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Second Chamber) of 3 April 2017
ECLI:EU:T:2017:242 |
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Case T-422/13 CPME and Others v Council
Dumping — Imports of certain polyethylene terephthalate (PET) originating in India, Taiwan and Thailand — Expiry review — Commission proposal to renew measures — Council decision to terminate the review without imposing measures — Action for annulment — Article 11(2) of Regulation (EC) No 1225/2009 — Likelihood of recurrence of material injury — Article 21(1) of Regulation No 1225/2009 — Interest of the European Union — Manifest errors of assessment — Obligation to state reasons — Action for damages
Language of the case: English
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Judgment of the General Court (First Chamber) of 5 April 2017
ECLI:EU:T:2017:251 (Appeal: Case before the Court of Justice C-363/17 P) |
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Case T-344/15 France v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents sent under the procedure laid down in Directive 98/34/EC — Documents originating from a Member State — Access granted — Exception for the protection of court proceedings — Exception for the protection of the purpose of inspections, investigations or audits — Prior agreement of the Member State
Language of the case: French
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Judgment of the General Court (Third Chamber, Extended Composition) of 5 April 2017
ECLI:EU:T:2017:250 |
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Case T-219/14 Regione autonoma della Sardegna v Commission
State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Liquidation of the recipient undertaking — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 6 April 2017
ECLI:EU:T:2017:266 |
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Case T-220/14 Saremar v Commission
State aid — Maritime transport — Public service compensation — Capital increase — Decision declaring aid incompatible with the internal market and ordering that it be recovered — Bankruptcy of the applicant — Capacity to be a party to legal proceedings — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate — Concept of aid — Service of general economic interest — Private investor test — Manifest error of assessment — Error of law — Plea of illegality — Obligation to state reasons — Rights of the defence — Decision 2011/21/EU — Guidelines on State aid for rescuing and restructuring firms in difficulty — Union framework applicable to State aid in the form of public service compensation — Altmark judgment
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 6 April 2017 (Extracts)
ECLI:EU:T:2017:267 |
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Case T-39/16 Nanu-Nana Joachim Hoepp v EUIPO – Fink (NANA FINK)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark NANA FINK — Earlier EU word mark NANA — No similarity between the goods — Article 8(1)(b) of Regulation (EC) No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 6 April 2017
ECLI:EU:T:2017:263 |
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Case T-570/16 HF v Parliament
Civil service — Contract staff for auxiliary tasks — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Four-month time-limit for reply under the Staff Regulations — Decision of the administration to open an administrative inquiry — Administration not adopting a position as to the existence of the alleged psychological harassment within the time-limit for reply under the Staff Regulations — Concept of implied decision refusing the request for assistance — Non-existent act — Inadmissibility
Language of the case: French
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Judgment of the General Court (First Chamber) of 24 April 2017
ECLI:EU:T:2017:283 |
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Case T-584/16 HF v Parliament
Civil service — Contract staff for auxiliary tasks — Article 3b of the CEOS — Successive contracts of employment as a member of the contract staff — Fixed-term contracts — Decision not to renew — Misuse of powers — Request for assistance — Right to be heard — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber) of 24 April 2017
ECLI:EU:T:2017:282 |
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Case T-569/16 OU v Commission
Civil service — Contract staff — Disciplinary proceedings — Suspension — Sums withheld from remuneration — Reprimand — Repayment — Article 24(4) of Annex IX to the Staff Regulations
Language of the case: French
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Judgment of the General Court (First Chamber) of 26 April 2017
ECLI:EU:T:2017:285 |
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Case T-264/15 Gameart v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for failure to fulfil obligations — Documents drawn up by a Member State — Request for access to documents made to the Member State — Request forwarded to the Commission — Refusal of access — Competence of the Commission — Document originating from an institution — Article 5 of Regulation (EC) No 1049/2001
Language of the case: Polish
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Judgment of the General Court (Fourth Chamber) of 28 April 2017
ECLI:EU:T:2017:290 |
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Case T-580/16 Azoulay and Others v Parliament
Civil service — Officials — Members of the temporary staff — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations — Legitimate expectations — Equal treatment — Principle of sound administration
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 28 April 2017
ECLI:EU:T:2017:291 (Appeal: Case before the Court of Justice C-390/17 P) |
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Information (on unpublished decisions)
Case T-215/16 Cop v EUIPO – Conexa (AMPHIBIAN)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark AMPHIBIAN — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-361/14 HB and Others v Commission
Law governing the institutions — European citizens’ initiative — Protection of stray animals — Psychological effects on adults and children — Refusal of registration — Manifest lack of powers of the Commission — Article 4(2)(b) and (3) of Regulation (EU) No 211/2011
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Judgment of the General Court (First Chamber) of 5 April 2017 ECLI:EU:T:2017:252 (Appeal: Case before the Court of Justice C-336/17 P) |
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Case T-367/15 Renfe-Operadora v EUIPO (AVE)
EU trade mark — Invalidity proceedings — EU figurative mark AVE — Partial invalidity — Appeal brought before the Board of Appeal in a language other than the language of the proceedings — Inadmissibility of the appeal before the Board of Appeal — Application for restitutio in integrum — Duty of due care
Case T-621/15 Tractel Greifzug v EUIPO – Shenxi Machinery (Shape of a motorised rope winch)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a motor-driven rope winch — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009
Case T-291/16 Anta (China) v EUIPO (Representation of two lines forming an acute angle)
EU trade mark — Application for an EU figurative mark representing two lines forming an acute angle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-35/15 Alkarim for Trade and Industry v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Manifest error of assessment
Case T-594/15 Metabolic Balance Holding v EUIPO (Metabolic Balance)
EU trade mark — Application for the EU figurative mark Metabolic Balance — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-49/16 Azanta v EUIPO – Novartis (NIMORAL)
EU trade mark — Opposition proceedings — Application for the EU word mark NIMORAL — Earlier EU word mark NEORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-101/16 Klausner Holz Niedersachsen v Commission
Action for failure to act — State aid — Supply of timber — Preliminary examination of an alleged State aid granted by the German authorities in the form of contracts for the supply of timber — Commission’s failure to adopt a position within a reasonable period of time — Manifest inadmissibility
Case T-178/16 Policolor v EUIPO – CWS-Lackfabrik Conrad W. Schmidt (Policolor)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Policolor — Earlier EU figurative mark ProfiColor — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-219/16 Aldi v EUIPO (ViSAGE)
EU trade mark — Application for the EU figurative mark ViSAGE — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-238/16 Clean Sky 2 Joint Undertaking v Scouring Environment
Arbitration clause — Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Non-performance of the contract — Repayment of the sums advanced — Default interest — Procedure by default
Case T-348/16 Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Seventh Framework Programme for Research and Technological Development — Minatran contract — Eligible costs — Procedure by default
Case T-86/17 R Le Pen v Parliament
Interim measures — Member of the European Parliament — Recovery by offsetting of allowances paid as reimbursement of parliamentary assistance expenses — Application for suspension of operation of a measure — No urgency
Case T-123/17 R Exaa Abwicklungsstelle für Energieprodukte v ACER
Application for interim measures — Energy — Decision of ACER rejecting an application for leave to intervene in Case A-001-2017 (consolidated) — Application for suspension of operation of a measure — No urgency
Case T-158/17 R Post Telecom v EIB
Interim measures — Public service contracts — Tendering procedure — Provision of communication services via a metropolitan area network for the buildings and offices of the European Investment Bank Group in Luxembourg — Rejection of a tenderer’s bid and award of the contract to another tenderer — Application for suspension of operation — No urgency
Case T-618/16 Dreimane v Commission
Action for annulment and compensation — Civil service — Officials — Pensions — Transfer of national pension rights — Calculation of years of pensionable service — Article 90(2) of the Staff Regulations — Time-limit — Inadmissibility
Case T-375/15 Germanwings v Commission
State aid — Aid for an airline using Zweibrücken airport — Benefit — Whether imputable to the State — Obligation to state reasons — Legitimate expectations — Access to documents — Documents relating to a procedure for reviewing State aid — Refusal to grant access to the documents requested — Exception relating to the protection of the purpose of inspections, investigations and audits
Case T-622/15 Deere v EUIPO (EXHAUST-GARD)
EU trade mark — Application for the EU word mark EXHAUST-GARD — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Rights of the defence — Article 75 of Regulation (EC) No 207/2009
Case T-721/15 BASF v EUIPO – Evonik Industries (DINCH)
EU trade mark — Invalidity proceedings — EU word mark DINCH — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Case T-446/16 P CC v Parliament
Appeal — Civil service — Recruitment — Notice of competition — Open competition — Errors in the management of the list of successful candidates — Non-contractual liability — Offers of further evidence — Material harm — Equal treatment — Distortion of the facts — Loss of an opportunity
Case T-588/16 HN v Commission
Civil Service — Officials — Regulation (EU, Euratom) No 1023/2013 — Reform of the Staff Regulations — New career rules and rules for promotion to grades AD 13 and AD 14 — Officials of grade AD 12 — Exercise of particular responsibilities — Article 30(3) of Annex XIII to the Staff Regulations — Promotion year 2014 — Request to be categorised in the type of post ‘Adviser or equivalent’ — Lack of response from the Appointing Authority — Promotion year 2015 — Fresh request to be categorised in the type of post ‘Adviser or equivalent’ or ‘Head of unit or equivalent’ — Rejected by the Appointing Authority — Confirmatory nature of the refusal of categorisation in the type of post ‘Adviser or equivalent’ — Requirements related to the pre-litigation procedure — Inadmissibility
May 2017
Case T-512/14 Green Source Poland v Commission
Action for annulment — ERDF — Article 41(3) of Regulation (EC) No 1083/2006 — Refusal to grant a financial contribution to a major project — Undertaking responsible for project implementation — No direct concern — Inadmissibility
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 4 May 2017
ECLI:EU:T:2017:299 |
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Case T-754/14 Efler and Others v Commission
Law governing the institutions — European citizens’ initiative — Transatlantic Trade and Investment Partnership — Comprehensive Economic and Trade Agreement — Manifest lack of powers of the Commission — Proposal for a legal act for the purpose of implementing the Treaties — Article 11(4) TEU — Article 2(1) and Article 4(2)(b) of Regulation (EU) No 211/2011 — Equal treatment
Language of the case: German
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Judgment of the General Court (First Chamber) of 10 May 2017
ECLI:EU:T:2017:323 |
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Case T-115/15 Deza v ECHA
Reach — Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Supplement to the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) on that list — Articles 57 and 59 of Regulation No 1907/2006
Language of the case: Czech
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Judgment of the General Court (Fifth Chamber) of 11 May 2017
ECLI:EU:T:2017:329 (Appeal: Case before the Court of Justice C-419/17 P) |
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Case T-122/15 Landeskreditbank Baden-Württemberg v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 6(4) of Regulation (EU) No 1024/2013 — Article 70(1) of Regulation (EU) No 468/2014 — Single supervisory mechanism — Competences of the ECB — Decentralised exercise by the national authorities — Assessment of the size of a credit institution — Need for direct supervision by the ECB
Language of the case: German
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 16 May 2017
ECLI:EU:T:2017:337 (Appeal: Case before the Court of Justice C-450/17 P) |
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Case T-480/15 Agria Polska and Others v Commission
Competition — Agreements, decisions and concerted practices — Abuse of dominant position — Distribution of plant protection products market — Decision to reject a complaint — Alleged anticompetitive behaviour of producers and distributors — Concerted or coordinated action of lodging complaints, by producers and distributors, before administrative and criminal authorities — Reporting alleged infringements of the applicable rules by parallel importers — Administrative inspections subsequently carried out by the administrative authorities — Imposition of administrative and criminal penalties by national authorities on parallel importers — Assimilation of complaints by producers and distributors to vexatious actions or abuses of administrative procedures — Lack of European Union interest — Right to effective judicial protection
Language of the case: Polish
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Judgment of the General Court (First Chamber) of 16 May 2017
ECLI:EU:T:2017:339 (Appeal: Case before the Court of Justice C-373/17 P) |
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Case T-107/16 Airhole Facemasks v EUIPO – sindustrysurf (AIR HOLE FACE MASKS YOU IDIOT)
EU trade mark — Invalidity proceedings — EU figurative mark AIR HOLE FACE MASKS YOU IDIOT — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — Power to alter decision
Language of the case: English
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Judgment of the General Court (Second Chamber) of 16 May 2017
ECLI:EU:T:2017:335 |
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Case T-637/15 Alma-The Soul of Italian Wine v EUIPO – Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE — Earlier EU word mark VIÑA SOL — Relative ground for refusal — Detriment to distinctive character — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Second Chamber) of 31 May 2017
ECLI:EU:T:2017:371 (Appeal: Case before the Court of Justice C-499/17 P) |
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Information (on unpublished decisions)
Case T-531/14 Sotiropoulou and Others v Council
Non-contractual liability — Economic and monetary policy — Decisions addressed to a Member State with a view to remedying an excessive deficit situation — Reduction in and withdrawal of pension rights in Greece — Sufficiently serious infringement of a rule of law conferring rights on individuals
Case T-681/15 Environmental Manufacturing v EUIPO – Société Elmar Wolf (Representation of the head of a wolf)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a wolf’s head — Earlier international figurative mark Outils WOLF — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-36/16 Enercon v EUIPO – Gamesa Eólica (Blended shades of green)
EU trade mark — Invalidity proceedings — EU trade mark consisting of blended shades of green — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
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Judgment of the General Court (Eighth Chamber) of 3 May 2017 ECLI:EU:T:2017:295 (Appeal: Case before the Court of Justice C-433/17 P) |
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Case T-55/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2009 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-59/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2012 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-60/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2011 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-70/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Psychological harassment — Non-contractual liability — Errors of law — Appeal manifestly unfounded
Case T-71/16 P De Nicola v EIB
Appeal — Civil service — EIB staff — Reports procedure — Career development report — 2007 appraisal procedure — Errors of law — Appeal manifestly unfounded
Case T-73/16 P De Nicola v EIB
Appeal — Civil service — EIB staff — Psychological harassment — Non-contractual liability — Errors of law — Appeal manifestly unfounded
Case T-75/16 P De Nicola v EIB
Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2010 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-200/16 Gfi PSF v Commission
Public service contracts — Public procurement procedure — Development, maintenance, evolution and assistance services for websites — Rejection of a tenderer’s bid — Bid received already open — Article 111(4)(b) of the Financial Regulation
Case T-744/14 Meta Group v Commission
Arbitration clause — Grant agreements concluded within the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Grant agreements concluded under the Competitiveness and Innovation Framework Programme (2007-2013) — Recovery of sums paid — Balance of the total amount of the financial contribution granted to the applicant — Eligible costs — Contractual liability
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Judgment of the General Court (Ninth Chamber) of 4 May 2017 ECLI:EU:T:2017:304 (Appeal: Case before the Court of Justice C-428/17 P) |
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Case T-403/15 JYSK v Commission
Action for annulment — ERDF — Article 41(3) of Regulation (EC) No 1083/2006 — Refusal to grant a financial contribution to a major project — Undertaking responsible for project implementation — No direct concern — Inadmissibility
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Judgment of the General Court (Seventh Chamber) of 4 May 2017 ECLI:EU:T:2017:300 (Appeal: Case before the Court of Justice C-402/17 P) |
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Joined Cases T-425/15, T-426/15 and T-428/15 Schräder v CPVO – Hansson (SEIMORA and SUMOST-02)
Plant variety rights — Application for revocation of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for a declaration of invalidity of the Community protection of the plant variety rights granted to the variety SEIMORA — Application for Community protection of plant variety rights for the variety SUMOST 02 — Composition of the Board of Appeal of CPVO — Principle of impartiality
Case T-25/16 Haw Par v EUIPO – Cosmowell (GELENKGOLD)
EU trade mark — Opposition proceedings — Application for EU figurative mark GELENKGOLD — Earlier EU figurative mark representing a tiger — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Force of res judicata — Enhanced distinctive character of the earlier mark acquired through use — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Series of marks
Case T-97/16 Kasztantowicz v EUIPO – Gbb Group (GEOTEK)
EU trade mark — Revocation proceedings — EU word mark GEOTEK — Article 51(1)(a) of Regulation (EC) No 207/2009 — Rule 40(5) of Regulation (EC) No 2868/95 — Evidence of genuine use of the mark — Delay — Rule 61(2) and (3) and Rule 65(1) of Regulation No 2868/95 — Notification by fax of the time limit given to the proprietor — Absence of circumstances capable of challenging the transmission report submitted by EUIPO — Article 78 of Regulation (EC) No 207/2009 — Rule 57 of Regulation No 2868/95 — Request for examination of witnesses — Discretion of EUIPO
Case T-341/16 De Masi v Commission
Action for annulment — Access to documents — Request for access on the basis of the inter-institutional cooperation by virtue of Article 230 TFEU — Documents concerning the work of the ‘Code of conduct (Business Taxation)’ group instituted by the Council — Act not open to challenge — Inadmissibility
Case T-132/16 PayPal v EUIPO – Hub Culture (VENMO)
EU trade mark — Invalidity proceedings — EU word mark VENMO — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009
Case T-224/16 Messe Friedrichshafen v EUIPO – El Corte Inglés (Out Door)
EU trade mark — Opposition proceedings — EU figurative mark Out Door — Earlier EU word mark OUTDOOR PRO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 76 of Regulation No 207/2009
Case T-262/16 Globo Media v EUIPO – Globo Comunicação e Participações (GLOBO MEDIA)
EU trade mark — Opposition proceedings — Application for EU word mark GLOBO MEDIA — Earlier national figurative mark TV GLOBO PORTUGAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-680/15 Les Éclaires v EUIPO – L'éclaireur International (L'ECLAIREUR)
EU trade mark — Revocation proceedings — EU word mark L’ECLAIREUR — Genuine use of the mark — Article 15(1), Article 51(1)(a) and Article 76(1) of Regulation (EC) No 207/2009 — Rule 22(6) of Regulation (EC) No 2868/95 — Alleged divergence from Part C, Section 6, of the EUIPO Guidelines for examination
Case T-207/16 R Aristoteleio Panepistimio Thessalonikis v Commission
Interim measures — Public contracts — Disclaimer notice — Screening opinion — Application for a stay of execution — Lack of urgency
Case T-303/15 Barqawi v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Manifest error of assessment
Case T-304/15 Abdulkarim v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Manifest error of assessment
Case T-376/15 KK v EASME
Horizon 2020 — the Framework Programme for Research and Innovation — Call for proposals in respect of the 2014-2015 work programme — Programme to support innovation within SMEs — EASME decision declaring a proposal ineligible — ‘Single submission’ rule — Evaluation review procedure — E-portal for filing proposals temporarily inaccessible — Error of assessment — Infringement of the procedural rules — Non-contractual liability
Case T-372/16 Bammer v EUIPO – mydays (Männerspielplatz)
EU trade mark — Invalidity proceedings — EU word mark MÄNNERSPIELPLATZ — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009
Joined Cases T-15/15 and T-197/15 Costa v Parliament
Rules governing emoluments of Members of the Parliament — Old-age pension — Suspension — Recovery — Rule against overlapping — Rules on payment of expenses and allowances to Members of the European Parliament — Reference to national legislation — Article 12(2a)(v) of the Regulation on life-annuities of Members of the Italian Chamber of Deputies — Allowance received for exercising the function of President of an Italian Port Authority — Legitimate expectations
Case T-223/15 Morton's of Chicago v EUIPO – Mortons the Restaurant (MORTON'S)
EU trade mark — Invalidity proceedings — EU figurative mark MORTON’S — Earlier non-registered national trade marks MORTON’S, MORTONS, MORTON’S CLUB, MORTONS CLUB, MORTON’S THE RESTAURANT, MORTONS RESTAURANT and M MORTON’S — Relative ground for refusal — Declaration of invalidity — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Sixth Chamber) of 15 May 2017 ECLI:EU:T:2017:333 (Appeal: Case before the Court of Justice C-468/17 P) |
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Case T-285/16 Dominator International v EUIPO (DREAMLINE)
EU trade mark — International registration designating the European Union — Word mark DREAMLINE — Absolute grounds for refusal — Not distinctive — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law — Article 126 of the Rules of Procedure
Case T-85/15 AW v EUIPO – Pharma Mar (YLOELIS)
EU trade mark — Opposition proceedings — Application for EU word mark YLOELIS — Earlier EU word mark YONDELIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-159/16 Metronia v EUIPO – Zitro IP (TRIPLE O NADA)
EU trade mark — Opposition proceedings — Application for EU figurative mark TRIPLE O NADA — Earlier EU figurative mark TRIPLE BINGO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-218/16 Mühlbauer Technology v EUIPO (Magicrown)
EU trade mark — Application for EU word mark Magicrown — Absolute grounds for refusal — Lack of distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-472/16 Marsh v EUIPO (LegalPro)
EU trade mark — Application for the EU word mark LegalPro — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-742/16 RENV CW v Parliament
Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Obligation to provide assistance — Internal Rules for the Advisory Committee on Harassment and its Prevention in the Workplace — Article 24 of the Staff Regulations — Request for assistance — Rejection — Decision rejecting the complaint — Independent content — Premature nature of the complaint — None — Role and powers of the Advisory Committee on Harassment and its Prevention in the Workplace — Option for an official to approach the Committee — Non-contractual liability
Case T-164/16 Piper Verlag v EUIPO (THE TRAVEL EPISODES)
EU trade mark — Application for figurative EU trade mark THE TRAVEL EPISODES — Absolute ground for refusal — Application for alteration — Act not amenable to adoption by the Board of Appeal — Disregard of the procedural requirements — Inadmissibility
Case T-355/16 adp Gauselmann v EUIPO (MULTI FRUITS)
EU trade mark — Application for EU word mark MULTI FRUITS — Absolute grounds for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-481/16 RENV Cuallado Martorell v Commission
Civil service — Recruitment — Open competition — Non-admission to the oral tests — Assessment of the written test — Decision not to include the applicant’s name on the reserve list — Possibility for a selection board to entrust the marking of the written tests to one of its members — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-519/16 Piessevaux v Council
Civil service — Officials — Pensions — Transfer of pension rights to the European Union pension scheme — Proposal concerning the crediting of additional pensionable years — Article 11(2) of Annex VIII to the Staff Regulations — New general implementing provisions — Equal treatment — Acquired rights — Legitimate expectations
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Judgment of the General Court (First Chamber) of 17 May 2017 ECLI:EU:T:2017:343 (Appeal: Case before the Court of Justice C-454/17 P) |
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Case T-583/16 PG v Frontex
Civil service — Temporary staff — Non-renewal of a fixed-term contract — Renewal procedure — Article 266 TFEU — Duty of care — Non-contractual liability
Case T-163/16 Reisswolf v EUIPO (secret.service.)
EU trade mark — Application for EU word mark secret.service. — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Examination of the facts by EUIPO of its own motion — Article 76 of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-166/16 Panzeri v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case T-375/16 Sabre GLBL v EUIPO (INSTASITE)
EU trade mark — Application for the EU word mark INSTASITE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-410/16 Makhlouf v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to protection of reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality
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Judgment of the General Court (Fifth Chamber) of 18 May 2017 ECLI:EU:T:2017:349 (Appeal: Case before the Court of Justice C-458/17 P) |
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Case T-877/16 Verschuur v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Document concerning the administrative procedure relating to State aid SA.38374 (2014/C ex 2014/NN) granted by the Netherlands to Starbucks — Refusal to grant access — Action manifestly lacking any foundation in law
Case T-170/17 R RW v Commission
Interim measures — Civil Service — Officials — Requirement to take leave and compulsory retirement — Retirement age — Article 42c of the Staff Regulations — Application for a stay of execution — Fumus boni juris — Urgency — Balance of interests
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Order of the President of the General Court of 18 May 2017 ECLI:EU:T:2017:351 (Appeal: Case before the Court of Justice C-442/17 P(R)) |
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Case T-690/16 R Enrico Colombo and Corinti Giacomo v Commission
Interim measures — Public procurement — Application for interim measures — No urgency
Case T-17/16 MS v Commission
Action for damages — Decision of the Commission to put an end to a ‘letter of agreement and membership of Team Europe’ — Contractual liability — No arbitration clause — Manifest inadmissibility
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Order of the General Court (First Chamber) of 31 May 2017 ECLI:EU:T:2017:379 (Appeal: Case before the Court of Justice C-19/18 P) |
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June 2017
Case T-442/12 Changmao Biochemical Engineering v Council
Dumping — Imports of tartaric acid originating in China — Modification of the definitive anti-dumping duty — Partial interim review — Market economy treatment — Costs of major inputs substantially reflecting market values — Change in circumstances — Obligation to state reasons — Period for adopting a decision on market economy treatment — Rights of the defence — Article 20(2) of Regulation (EC) No 1225/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 1 June 2017
ECLI:EU:T:2017:372 |
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Case T-673/15 Guardian Europe v European Union
Non-contractual liability — Representation of the European Union — Barring of actions — Nullification of the legal effects of a decision which has become final — Precision of the application — Admissibility — Article 47 of the Charter of Fundamental Rights — Obligation to adjudicate within a reasonable time — Equal treatment — Material damage — Losses sustained — Loss of profit — Non-material damage — Causal link
Language of the case: English
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Rectification order of 3 September 2019
ECLI:EU:T:2019:559 |
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Judgment of the General Court (Third Chamber, Extended Composition) of 7 June 2017
ECLI:EU:T:2017:377 (Appeal: Case before the Court of Justice C-447/17 P) (Appeal: Case before the Court of Justice C-479/17 P) |
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Case T-726/15 Blaž Jamnik and Blaž v Parliament
Public service contracts — Property market — Tender procedure — Negotiated procedure without publication of a contract notice — Premises for the European Union House in Ljubljana — Rejection of the tender after prospecting the local market — Award of the contract to another tenderer — Failure to examine the documents annexed to the tender — Error of law — Manifest error of assessment
Language of the case: Slovene
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Judgment of the General Court (Third Chamber) of 7 June 2017 (Extracts)
ECLI:EU:T:2017:376 |
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Case T-9/15 Ball Beverage Packaging Europe v EUIPO – Crown Hellas Can (Cans)
Community design — Invalidity proceedings — Registered Community design representing three cans — Earlier design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Group of articles constituting a single unit — Scope of the description of the registered Community design — Obligation to state reasons — Replacement of a party to the proceedings
Language of the case: German
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Judgment of the General Court (First Chamber) of 13 June 2017
ECLI:EU:T:2017:386 |
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Case T-262/15 Kiselev v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening Ukraine — Freezing of funds — Restrictions on entry into the territories of the Member States — Natural person actively supporting or implementing actions undermining or threatening Ukraine — Obligation to state reasons — Manifest error of assessment — Freedom of expression — Proportionality — Rights of defence
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 June 2017
ECLI:EU:T:2017:392 |
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Case T-20/16 M/S. Indeutsch International v EUIPO – Crafts Americana Group (Representation of chevrons between two parallel lines)
EU trade mark — Invalidity proceedings — EU figurative mark representing chevrons between two parallel lines — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Examination of the mark as registered
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 21 June 2017
ECLI:EU:T:2017:410 |
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Case T-235/16 GP Joule PV v EUIPO – Green Power Technologies (GPTech)
EU trade mark — Opposition proceedings — Application for the EU figurative trade mark GPTech — Earlier EU word marks GP JOULE — Failure to produce before the Opposition Division proof of entitlement to file a notice of opposition — Proof first produced before the Board of Appeal — Failure to take into account — Discretion of the Board of Appeal — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation (EC) No 207/2009 — Rules 17(4), 19(2), 20(1) and 50(1) of Regulation (EC) No 2868/95
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 21 June 2017 (Extracts)
ECLI:EU:T:2017:413 |
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Case T-289/16 Inox Mare v Commission
Action for annulment — Regulation (EU, Euratom) No 883/2013 — External investigation conducted by OLAF — Report and recommendations — Measures not amenable to challenge — Inadmissibility
Language of the case: Italian
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Order of the General Court (Seventh Chamber) of 21 June 2017
ECLI:EU:T:2017:414 |
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Case T-236/16 Biogena Naturprodukte v EUIPO (ZUM wohl)
EU trade mark — Application for EU figurative mark ZUM wohl — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Reference to statement submitted to the Board of Appeal reproduced in the application — Evidence annexed to the request for a hearing
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 22 June 2017
ECLI:EU:T:2017:416 |
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Case T-151/16 NC v Commission
Grants — OLAF investigation — Finding of irregularities — Commission decision imposing an administrative penalty — Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of 18 months — Registration in the Early Detection and Exclusion System database — Temporal application of various versions of the Financial Regulation — Essential procedural requirements — Retroactive application of the more lenient law
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 27 June 2017
ECLI:EU:T:2017:437 |
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Case T-233/16 P Ruiz Molina v EUIPO
Appeal — Civil service — Members of the temporary staff — Contract for a fixed period with a termination clause ending the contract in the event of the temporary staff member’s name not being included on the reserve list of the next open competition — Termination of the contract pursuant to the termination clause — Reclassification of a contract for a fixed period as a contract for an indefinite period — Res judicata — Clause 5(1) of the ETUC-UNICE-CEEP framework agreement on fixed-term work — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 27 June 2017 (Extracts)
ECLI:EU:T:2017:435 |
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Case T-343/14 Cipriani v EUIPO – Hotel Cipriani (CIPRIANI)
EU trade mark — Invalidity proceedings — EU word mark CIPRIANI — Absence of bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 — No breach of the right to a name of a well-known person — Article 53(2)(a) of Regulation No 207/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 29 June 2017
ECLI:EU:T:2017:458 |
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Information (on unpublished decisions)
Case T-647/16 Camerin v Parliament
Civil service — Officials — Secondment in the interests of the service — Retirement age — Request for an extension of the secondment — Rejection of the request — Measure not open to challenge — Preparatory act — Inadmissibility
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Order of the General Court (Second Chamber) of 1 June 2017 ECLI:EU:T:2017:373 (Appeal: Case before the Court of Justice C-453/17 P) |
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Case T-11/16 De Masi v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — No confirmatory decision — Request for access on the basis of interinstitutional cooperation under Article 230 TFEU — Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council — Act not amenable to review — Manifest inadmissibility
Case T-258/16 Mediterranean Premium Spirits v EUIPO – G-Star Raw (GINRAW)
EU trade mark — Opposition proceedings — Application for the EU word mark GINRAW — Earlier EU word marks RAW — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court — Obligation to state reasons
Case T-341/13 RENV Groupe Léa Nature v EUIPO – Debonair Trading Internacional (SO'BiO ētic)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SO’BiO ētic — Earlier EU and national word marks SO… ? — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Detriment to reputation — Article 8(5) of Regulation No 207/2009
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Rectification order of 23 October 2018 ECLI:EU:T:2018:738 |
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Judgment of the General Court (Sixth Chamber) of 8 June 2017 ECLI:EU:T:2017:381 (Appeal: Case before the Court of Justice C-505/17 P) |
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Case T-6/16 AWG v EUIPO – Takko (Southern Territory 23°48'25"S)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark Southern Territory 23°48’25’’S — Earlier EU word mark SOUTHERN — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-141/16 Commission v IEM
Arbitration clause — Contract FAIR-CT98-9544 concluded under the Fourth Framework programme for research, technological development and demonstration activities (1994-1998) — Termination of the contract — Reimbursement of sums advanced — Default interest — Default procedure
Case T-294/16 Kaane American International Tobacco v EUIPO – Global Tobacco (GOLD MOUNT)
EU trade mark — Revocation proceedings — EU figurative mark GOLD MOUNT — No genuine use of the trade mark — No proper reasons for non-use — Article 51(1)(a) of Regulation (EC) No 207/2009
Case T-326/16 Bundesverband Deutsche Tafel v EUIPO – Tiertafel Deutschland (Tafel)
EU trade mark — Invalidity proceedings — EU word mark Tafel — Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal — Absolute ground for refusal — Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 — Descriptive character — Article 65(6) of Regulation No 207/2009 — Decision taken following the annulment by the General Court of an earlier decision
Case T-137/16 Uniwersytet Wrocławski v REA
Action for annulment — Application initiating proceedings — Formal requirements — Party not represented by a lawyer — Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 13 June 2017 ECLI:EU:T:2017:407 (Appeal: Case before the Court of Justice C-561/17 P) (Appeal: Case before the Court of Justice C-515/17 P) |
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Case T-95/16 Aydin v EUIPO – Kaporal Groupe (ROYAL & CAPORAL)
EU trade mark — Opposition proceedings — Application for EU word mark ROYAL & CAPORAL — Earlier EU word mark KAPORAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-659/16 LG Electronics v EUIPO (Second Display)
EU trade mark — Application for the EU word mark Second Display — Absolute grounds for refusal — Descriptiveness — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-457/15 Fakro v EUIPO – Saint Gobain Cristalería (climaVera)
EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-302/16 Bay v Parliament
Law governing the Institutions — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of forfeiture of entitlement to the subsistence allowance — Article 166 of the Rules of Procedure of the Parliament — Right of access to the file — Error of fact
Case T-541/15 Industrie Aeronautiche Reggiane v EUIPO – Audi (NSU)
EU trade mark — Opposition proceedings — Application for EU word mark NSU — Prior national word mark NSU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009
Case T-632/15 Tillotts Pharma v EUIPO – Ferring (OCTASA)
EU trade mark — Opposition proceedings — Application for EU word mark OCTASA — Prior German and Benelux word marks PENTASA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-699/15 City Train v EUIPO (CityTrain)
EU trade mark — Application for EU figurative mark CityTrain — Procedural time limit — Unforeseeable circumstances — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009
Case T-286/16 Kneidinger v EUIPO – Topseat International (Toilet lid)
Community design — Invalidity proceedings — Registered Community design representing a toilet lid— Earlier Community design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002
Case T-347/16 Inox Mare v Commission
Action for annulment — Customs Union — Commission decision finding repayment of import duties not justified in a particular case — Action brought by a separate operator — No direct concern — Inadmissibility
Case T-856/16 Rare Hospitality International v EUIPO (LONGHORN STEAKHOUSE)
EU trade mark — Application for EU word mark LONGHORN STEAKHOUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment and the principle of sound administration
Case T-582/16 Vankerckhoven-Kahmann v Commission
Civil service — Officials — Career reconstruction — Refusal to promote — Inter-institutional transfer — Classification in grade — Request within the meaning of Article 90(1) of the Staff Regulations — Reasonable period — Inadmissibility
Case T-152/16 Megasol Energie v Commission
Action for annulment — Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) consigned from Malaysia and Taiwan — Extension to those imports of the definitive anti-dumping duty and definitive countervailing duty imposed on imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — No interest in bringing proceedings — Inadmissibility
Case T-179/16 L'Oréal v EUIPO – Guinot (MASTER SMOKY)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SMOKY — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
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Order of the General Court (First Chamber) of 26 June 2017 ECLI:EU:T:2017:445 (Appeal: Case before the Court of Justice C-522/17 P) |
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Case T-180/16 L'Oréal v EUIPO – Guinot (MASTER SHAPE)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SHAPE — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
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Order of the General Court (First Chamber) of 26 June 2017 ECLI:EU:T:2017:451 (Appeal: Case before the Court of Justice C-523/17 P) |
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Case T-181/16 L'Oréal v EUIPO – Guinot (MASTER PRECISE)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
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Order of the General Court (First Chamber) of 26 June 2017 ECLI:EU:T:2017:447 (Appeal: Case before the Court of Justice C-519/17 P) |
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Case T-182/16 L'Oréal v EUIPO – Guinot (MASTER DUO)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DUO — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
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Order of the General Court (First Chamber) of 26 June 2017 ECLI:EU:T:2017:448 (Appeal: Case before the Court of Justice C-524/17 P) |
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Case T-183/16 L'Oréal v EUIPO – Guinot (MASTER DRAMA)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DRAMA — Prior national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law — Article 126 of the Rules of Procedure
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Order of the General Court (First Chamber) of 26 June 2017 ECLI:EU:T:2017:449 (Appeal: Case before the Court of Justice C-525/17 P) |
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Case T-26/17 R Jalkh v Parliament
Interim measures — Law governing the institutions — Member of the European Parliament — Privileges and immunities — Waiver of the parliamentary immunity of a Member of the European Parliament — Application for suspension of operation of a measure — No urgency
Case T-27/17 R Jalkh v Parliament
Interim measures — Institutional law — Member of the European Parliament — Privileges and immunities — Waiver of the parliamentary immunity of a Member of the European Parliament — Application for suspension of operation — No urgency
Case T-13/15 Deutsche Post v EUIPO – Media Logistik (PostModern)
EU trade mark — Opposition proceedings — Application for EU word mark PostModern — Earlier national word mark POST and earlier EU word mark Deutsche Post — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court
Case T-580/15 Flamagas v EUIPO – MatMind (CLIPPER)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a lighter with a lateral fin, featuring the word element CLIPPER — Shape necessary to obtain a technical result — No distinctive character — Article 7(1)(b) and (e)(ii) of Regulation (EC) No 207/2009 — No description of the mark in the application for registration
Case T-89/16 P Clarke and Others v EUIPO
Appeal — Civil service — Temporary staff — Fixed-term contract with a termination clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next open competition — Implementation of the termination clause — Reclassification of a fixed-term contract as a contract of indefinite duration — Duty of care — Legitimate expectation
Case T-327/16 Aldi Einkauf v EUIPO – Fratelli Polli (ANTICO CASALE)
EU trade mark — Invalidity proceedings — EU word mark ANTICO CASALE — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 — Article 7(1)(b), (c) and (g) and Article 52(1)(a) of Regulation No 207/2009
Case T-685/16 Jiménez Gasalla v EUIPO (B2B SOLUTIONS)
EU trade mark — Application for EU word mark B2B SOLUTIONS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009
Case T-287/15 Tayto Group v EUIPO – MIP Metro (real)
EU trade mark — Revocation proceedings — EU figurative mark real — Genuine use — Form differing in elements which do not alter the distinctive character — Point (a) of the second subparagraph of Article 15(1) of Regulation (EC) No 207/2009 — Use of the mark by a third party — Article 15(2) of Regulation No 207/2009 — Proof of genuine use — Article 15(1) and Article 51(1)(a) of Regulation No 207/2009 — Obligation to state reasons
Case T-333/15 Josel v EUIPO – Nationale-Nederlanden Nederland (NN)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark NN — Earlier national word mark NN — Relative ground for refusal — No genuine use of the earlier mark — Articles 15(1)(a) and 42(2) of Regulation (EC) No 207/2009 — Form differing by elements altering the distinctive character
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Judgment of the General Court (Sixth Chamber) of 28 June 2017 ECLI:EU:T:2017:444 (Appeal: Case before the Court of Justice C-536/17 P) |
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Case T-470/16 X-cen-tek v EUIPO (Represention of a triangle)
EU trade mark — Application for an EU figurative mark representing a triangle –Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
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Judgment of the General Court (First Chamber) of 28 June 2017 ECLI:EU:T:2017:442 (Appeal: Case before the Court of Justice C-520/17 P) |
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Case T-479/16 Colgate-Palmolive v EUIPO (AROMASENSATIONS)
EU trade mark — Application for EU figurative mark AROMASENSATIONS — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009
Case T-27/16 United Kingdom v Commission
EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetables — Error of law — Article 3(1) and (3) of Regulation (EC) No 1433/2003 — Article 52(1) and (2) of Regulation (EC) No 1580/2007 — Principle of legality — Legal certainty — Equal treatment — Principle of non-discrimination — Obligation to state reasons
Case T-63/16 E-Control v ACER
Energy — Conditions for access to the network for cross-border exchanges in electricity — National regulatory authorities’ decisions approving the methods of allocation of cross-border transmission capacity — Compatibility with Regulation (EC) No 714/2009 — Opinion of ACER — Definition of a decision open to appeal before ACER — Article 19 of Regulation (EC) No 713/2009 — Decision of the Board of Appeal of ACER dismissing the appeal as inadmissible — Error of law — Failure to state reasons
Joined Cases T-427/16 to T-429/16 Martín Osete v EUIPO – Rey (AN IDEAL WIFE and Others)
EU trade mark — Revocation proceedings — EU word marks AN IDEAL WIFE, AN IDEAL LOVER and AN IDEAL HUSBAND — No genuine use of the marks — Article 51(1)(a) of Regulation (EC) No 207/2009 — No proper reason for non-use
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Judgment of the General Court (Sixth Chamber) of 29 June 2017 ECLI:EU:T:2017:455 (Appeal: Case before the Court of Justice C-529/17 P) |
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Case T-448/16 Mr. Kebab v EUIPO – Mister Kebap (Mr. KEBAB)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark Mr. KEBAB — Earlier Spanish figurative mark MISTER KEBAP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
July 2017
Case T-117/17 R Proximus v Council
Interim measures — Public procurement — Negotiated procedure — Application for interim measures — No urgency
Language of the case: English
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Order of the President of the General Court of 3 July 2017
ECLI:EU:T:2017:600 |
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Case T-234/15 Systema Teknolotzis v Commission
Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreements for the PlayMancer, Mobiserv and PowerUp projects — Article 299 TFEU — Enforceable decision — Actions for annulment — Challengeable act — Admissibility — Proportionality — Duty of diligence — Obligation to state reasons
Language of the case: Greek
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Judgment of the General Court (Third Chamber) of 4 July 2017 (Extracts)
ECLI:EU:T:2017:461 |
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Case T-392/15 European Dynamics Luxembourg and Others v European Union Agency for Railways
Public service contracts — Tendering procedure — External Service Provision for development, studies and support for information systems for the European Union Agency for Railways — Ranking of a tenderer’s bid — Rejection of the tenderer’s bid — Duty to state reasons — Abnormally low tender
Language of the case: Greek
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Judgment of the General Court (Third Chamber) of 4 July 2017
ECLI:EU:T:2017:462 |
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Case T-215/15 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintaining the applicant’s name on the list – Obligation to state reasons — Rights of defence — Right to property — Right to pursue an economic activity — Proportionality — Misuse of powers — Principle of good administration — Manifest error of assessment
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 7 July 2017
ECLI:EU:T:2017:479 (Appeal: Case before the Court of Justice C-530/17 P) |
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Case T-527/14 Rosenich v EUIPO
Internal market — Decision of EUIPO rejecting a request for inclusion on the list of professional representatives — Condition relating to the existence of a place of business within the European Union — Article 93(2)(b) of Regulation (EC) No 207/2009 — Freedom to provide services — Article 36 of the EEA Agreement — Consistent interpretation
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 13 July 2017
ECLI:EU:T:2017:487 |
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Case T-348/16 OP-R Aristoteleio Panepistimio Thessalonikis v ERCEA
Application for interim measures — Arbitration clause — Judgment by default — Application for a stay of execution of the judgment — Lack of jurisdiction
Language of the case: Greek
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Order of the President of the General Court of 13 July 2017
ECLI:EU:T:2017:497 |
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Case T-389/16 AIA v EUIPO – Casa Montorsi (MONTORSI F. & F.)
EU trade mark — Invalidity proceedings — European Union word mark MONTORSI F. & F. — Earlier national word mark Casa Montorsi — Relative ground for invalidity — Likelihood of confusion — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 — Agreement on coexistence of the marks — Scope — Article 53(3) of Regulation No 207/2009
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 13 July 2017
ECLI:EU:T:2017:492 |
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Case T-45/16 Alfonso Egüed v EUIPO – Jackson Family Farms (BYRON)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BYRON — Earlier non-registered trade mark BYRON — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Rules governing common-law actions for passing-off — Goodwill — Proof of the acquisition and continued existence of the earlier right
Language of the case: English
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Judgment of the General Court (First Chamber) of 18 July 2017
ECLI:EU:T:2017:518 |
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Case T-57/16 Chanel v EUIPO – Jing Zhou and Golden Rose 999 (Ornament)
Community design — Invalidity proceedings — Registered Community design representing ornamentation — Earlier design — Ground for invalidity — No individual character — Product at issue — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 18 July 2017
ECLI:EU:T:2017:517 |
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Case T-347/14 INTP Yanukovych v Council
Procedure — Interpretation of an order
Language of the case: English
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Order of the General Court (Sixth Chamber) of 19 July 2017
ECLI:EU:T:2017:580 |
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Case T-752/14 Combaro v Commission
Customs union — Association Agreement between the European Community and the Republic of Latvia — Article 239 of Regulation (EEC) No 2913/92 — Reimbursement and remission of import duties — Imports of linen fabrics from Latvia — Fairness clause — Special situation — Deception or obvious negligence — Commission decision finding that the remission of import duties is not justified
Language of the case: German
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Judgment of the General Court (Second Chamber) of 19 July 2017
ECLI:EU:T:2017:529 (Appeal: Case before the Court of Justice C-574/17 P) |
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Case T-644/14 ADR Center v Commission
Financial aid — General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 — Specific Programme ‘Civil Justice’ — Action for annulment — Enforceable decision — Article 299 TFEU — Powers of the author of the act — Principle of sound administration — Application for an order directing the Commission to pay the balance due under the grant agreements — Partial reclassification of the action — Arbitration clause — Jurisdiction of the General Court — Eligible costs
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 20 July 2017
ECLI:EU:T:2017:533 (Appeal: Case before the Court of Justice C-584/17 P) |
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Case T-619/15 Badica and Kardiam v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities in view of the situation in the Central African Republic — Freezing of funds — Initial listing decision — List of persons and entities to which the freezing of funds and economic resources applies — Inclusion of the applicants’ names — Implementation of a UN resolution — Obligation to state reasons — Rights of defence — Presumption of innocence — Manifest error of assessment
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 20 July 2017
ECLI:EU:T:2017:532 |
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Case T-849/16 R PGNiG Supply & Trading v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation — Commission decision amending the exemption from the EU requirements — Application for a stay of execution of a measure — Lack of any urgency
Language of the case: Polish
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Order of the President of the General Court of 21 July 2017
ECLI:EU:T:2017:544 |
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Case T-883/16 R Poland v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL gas pipeline from EU operating requirements — Commission decision amending the exemption from EU requirements — Application for stay of execution — No urgency
Language of the case: Polish
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Order of the President of the General Court of 21 July 2017
ECLI:EU:T:2017:542 |
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Case T-130/17 R Polskie Górnictwo Naftowe i Gazownictwo v Commission
Application for interim measures — Internal market in natural gas — Directive 2009/73/EC — Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation — Commission decision amending the exemption from the EU requirements — Application for a stay of execution of a measure — Lack of any urgency
Language of the case: Polish
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Order of the President of the General Court of 21 July 2017
ECLI:EU:T:2017:541 |
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Information (on unpublished decisions)
Case T-666/16 P De Nicola v EIB
Appeal — EIB staff — Appraisal — Career development report — 2013 staff report — Application for annulment of the decision of the Appeals Committee and of the decision not to promote the applicant — Psychological harassment — Claim for damages
Case T-669/16 P De Nicola v EIB
Appeal — EIB staff — Sickness insurance — Refusal to reimburse medical expenses — Laser therapy — Action for annulment and damages
Case T-81/16 Pirelli Tyre v EUIPO (A pair of curved strips positioned on the side of a tyre)
EU trade mark — Application for an EU trade mark consisting of a pair of curved strips on the side of a tyre — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76 of Regulation No 207/2009
Case T-90/16 Murphy v EUIPO – Nike Innovate (Electronic wristband)
Community design — Invalidity proceedings — Registered Community design representing an electronic wristband — Prior Community design — Ground for invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002
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Judgment of the General Court (Fifth Chamber) of 4 July 2017 ECLI:EU:T:2017:464 (Appeal: Case before the Court of Justice C-538/17 P) |
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Case T-118/17 R IDDE v Parliament
Interim proceedings — Institutional law — European Parliament — Decision awarding a grant to a political foundation — Suspension of prefinancing — Obligation to provide a bank guarantee — Application for interim measures — No urgency
Case T-3/16 Allstate Insurance v EUIPO (DRIVEWISE)
EU trade mark — Application for registration of the EU word mark DRIVEWISE — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) and 7(2) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009
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Judgment of the General Court (First Chamber) of 5 July 2017 ECLI:EU:T:2017:467 (Appeal: Case before the Court of Justice C-542/17 P) |
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Case T-306/16 Gamet v EUIPO – "Metal-Bud II" Robert Gubała (Door handle)
Community design — Invalidity proceedings — Registered Community design representing a door handle — Earlier design — Ground for invalidity — No individual character — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Evidence submitted in support of the opposition after the expiry of the prescribed period — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 63 of Regulation No 6/2002
Case T-74/14 France v Commission
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Re-opening of the formal investigation procedure — Obligation to state reasons
Case T-1/15 SNCM v Commission
State aid — Aid measures implemented by France in favour of SNCM — Restructuring aid and measures taken in the context of a privatisation plan — Private investor in a market economy test — Decision declaring the aid unlawful and incompatible with the internal market — Social policy of the Member States — Re-opening of the formal investigation procedure — Obligation to state reasons — Equal treatment — Article 41 of the Charter of Fundamental Rights
Case T-506/16 Bodson and Others v EIB
Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the system of remuneration and salary progression — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB
Case T-508/16 Bodson and Others v EIB
Civil service — EIB staff — Contractual nature of the employment relationship — Remuneration — Reform of the bonus scheme — Legitimate expectations — Legal certainty — Manifest error of assessment — Proportionality — Duty to have regard for the welfare of staff — Article 11(3) of the Rules of Procedure of the EIB — Equal treatment
Case T-221/15 Arbuzov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Principle of sound administration — Rights of defence — Duty to state reasons — Manifest error of assessment — Right to property
Case T-359/16 Axel Springer v EUIPO – Stiftung Warentest (TestBild)
EU trade mark — Opposition proceedings — Application for an EU word mark TestBild — Earlier national figurative marks test — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Inherent distinctive character — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-67/14 Viraj Profiles v Council
Dumping — Imports of certain stainless steel wires originating in India — Determination of the cost of production — Selling, General and Administrative costs — Obligation to state reasons — Injury — Causal link — Complaint — Opening of the investigation — Manifest error of assessment
Case T-623/15 Lidl Stiftung v EUIPO (JEDE FLASCHE ZÄHLT!)
EU trade mark — Application for EU figurative mark JEDE FLASCHE ZÄHLT! — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-406/16 Dogg Label v EUIPO – Chemoul (JAPRAG)
EU trade mark — Invalidity proceedings — EU word mark JAPRAG — Earlier national figurative mark JAPAN-RAG — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-157/15 Estonia v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Estonia — Cross compliance — Obligation to state reasons — Proportionality — Principle of sound administration — Legal certainty
Case T-634/15 Frinsa del Noroeste v EUIPO – Frigoríficos Unidos (Frinsa LA CONSERVERA)
EU trade mark — Opposition proceedings — Application for EU figurative mark Frinsa LA CONSERVERA — Earlier EU figurative mark FRIUSA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-371/17 R Qualcomm and Qualcomm Europe v Commission
Interim proceedings — Competition — Antitrust — Regulation (EC) No 1/2003 — Article 18(3) — Decision requesting information — Application for interim measures — No urgency
Case T-767/14 Boomkwekerij van Rijn-de Bruyn v CPVO – Artevos and Dachverband Kulturpflanzen- und Nutztiervielfalt (Oksana)
New varieties of plants — Community plant variety rights — Application for a Community plant variety right for the pear variety Oksana — Objections — Rejection of the application by the Board of Appeal of the CPVO — Article 10 of Regulation (EC) No 2100/94 — Novelty of the candidate variety — Lack of evidence
Case T-65/15 Talanton v Commission
Arbitration clause — Pocemon contract — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Recovery of sums paid — Abuse of contractual rights — Principle of good faith — Legitimate expectations — Burden of proof — Counterclaim
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Judgment of the General Court (Seventh Chamber) of 13 July 2017 ECLI:EU:T:2017:491 (Appeal: Case before the Court of Justice C-539/17 P) |
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Case T-519/15 myToys.de v EUIPO – Laboratorios Indas (myBaby)
EU trade mark — Opposition proceedings — Application for EU figurative mark myBaby — Earlier EU word, and EU figurative and national word marks MAYBABY, May BaBy and MAY BABY — Ancillary appeal — Article 8(3) of Regulation (EC) No 216/96 — Merely confirmatory decision — Inadmissibility
Case T-150/16 Ecolab USA v EUIPO (ECOLAB)
EU trade mark — International registration designating the European Union — Word mark ECOLAB — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-189/16 Migros-Genossenschafts-Bund v EUIPO – Luigi Lavazza (CReMESPRESSO)
EU trade mark — Invalidity proceedings — EU figurative mark CReMESPRESSO — Earlier international word mark CREMESSO — Allusive element — Interdependence of criteria — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009
Case T-348/16 OP Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Application to have a judgment set aside — Stay of execution of a judgment by default — Interlocutory judgment
Case T-607/16 OZ v EIB
Civil service — EIB staff — Sexual harassment — Investigation procedure — Investigation Panel’s report — Decision of the President of the EIB not to act on the complaint — No unlawful conduct by the EIB — Liability
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Judgment of the General Court (Sixth Chamber) of 13 July 2017 ECLI:EU:T:2017:495 (Appeal: Case before the Court of Justice C-558/17 P) |
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Case T-650/16 LG Electronics v EUIPO (QD)
EU trade mark — Application for the EU word mark QD — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-125/17 R BASF Grenzach v ECHA
Interim measures — REACH — Substance triclosan — Evaluation procedure — Decision of the Board of Appeal of the ECHA — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency
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Rectification order of 23 November 2017 ECLI:EU:T:2017:837 |
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Order of the President of the General Court of 13 July 2017 ECLI:EU:T:2017:496 (Appeal: Case before the Court of Justice C-565/17 P(R)) |
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Case T-55/15 Certified Angus Beef v EUIPO – Certified Australian Angus Beef (CERTIFIED AUSTRALIAN ANGUS BEEF)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CERTIFIED AUSTRALIAN ANGUS BEEF — Earlier well-known figurative and word marks SINCE 1978 CERTIFIED ANGUS BEEF BRAND and CERTIFIED ANGUS BEEF BRAND — Relative ground for refusal — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-194/16 Klassisk investment v EUIPO (CLASSIC FINE FOODS)
EU trade mark — International registration designating the European Union — Figurative mark CLASSIC FINE FOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-214/16 Sata v EUIPO (4600)
EU trade mark — Sign composed exclusively of numerals — Application for an EU word mark 4600 — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-223/16 Massive Bionics v EUIPO – Apple (DriCloud)
EU trade mark — Opposition proceedings — Application for the EU figurative mark DriCloud — Earlier international word marks ICLOUD — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Submission of evidence out of time — Article 76(2) of Regulation No 207/2009
Case T-758/15 EDF Toruń v ECHA
REACH — Fee for registration of a substance — Reduction granted to SMEs — Error in the declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Legitimate expectations — Proportionality — Calculation criteria of the amount of the administrative charge
Case T-110/16 Savant Systems v EUIPO – Savant Group (SAVANT)
EU trade mark — Revocation proceedings — EU word mark SAVANT — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009
Case T-243/16 Freddo v EUIPO – Freddo Freddo (Freggo)
EU trade mark — Opposition proceedings — Application for registration of the figurative EU trade mark ‘freggo’ — Earlier EU figurative trade mark ‘TENTAZIONE FREDDO FREDDO’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-695/16 P Commission v RN
Appeal — Civil Service — Officials — Surviving spouse — Pensions — Survivor’s pension — Article 20 of Annex VIII to the Staff Regulations — Conditions for eligibility — Error of law
Case T-812/14 BPC Lux 2 and Others v Commission
Action for annulment — State aid — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo — Creation and capitalisation of a Bridge Bank — Decision declaring the aid compatible with the internal market — No interest in bringing proceedings — Inadmissibility
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Order of the General Court (Second Chamber) of 19 July 2017 ECLI:EU:T:2017:560 (Appeal: Case before the Court of Justice C-544/17 P) |
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Case T-742/15 P DD v FRA
Appeal — Civil service — Members of the temporary staff — Contract of indefinite duration — Disciplinary penalty — Reprimand — Termination of contract — Right to be heard — Non-material harm
Case T-423/16 De Masi v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the work of the ‘Code of Conduct Group (Business Taxation)’ set up by the Council — Response to initial requests after an equitable arrangement — No confirmatory decision — Inadmissibility
Case T-432/16 Lackmann Fleisch- und Feinkostfabrik v EUIPO (медведь)
EU trade mark — Application for EU figurative mark медведь — Absolute ground for refusal — No distinctive character — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
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Judgment of the General Court (Second Chamber) of 19 July 2017 ECLI:EU:T:2017:527 (Appeal: Case before the Court of Justice C-570/17 P) |
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Case T-464/16 P HI v Commission
Appeal — Civil service – — Project funded by the European Union — Conflict of interest — Disciplinary action — Downgrading — Dismissal of the action at first instance — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case T-510/16 Dessi v EIB
Civil Service — EIB staff — Appraisal — Promotion — Appraisal and promotion year 2012 — Decision of the Appeal Committee — Scope of review — Staff representatives — Discrimination
Case T-699/16 P Parliament v Meyrl
Appeal — Civil Service — Members of the temporary staff — Contested decision annulled at first instance — Dismissal — Right to be heard — Principle of sound administration — Duty of care — Manifest error of assessment — Abuse of power
Case T-716/16 Pfizer and Pfizer santé familiale v Commission
Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff subheadings — Customs duties applicable to goods classified under those tariff subheadings — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility
Case T-143/15 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Decoupled direct aid in the claim years 2008 and 2009 — Failings in the control system — Assessment of control samples — Burden of proof — Aid for rural development in the Autonomous Community of Castilla y León in the claim years 2009 and 2010 — On-the-spot checks — Key controls — Proportionality
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Judgment of the General Court (Sixth Chamber) of 20 July 2017 ECLI:EU:T:2017:534 (Appeal: Case before the Court of Justice C-588/17 P) |
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Case T-521/15 Diesel v EUIPO – Sprinter megacentros del deporte (Representation of a curved and angled line)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a curved and angled line — Earlier EU figurative mark representing a capital letter ‘D’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-612/15 Basic Net v EUIPO (Representation of three vertical stripes)
European Union trade mark — Application for an EU figurative mark representing three vertical stripes — Absolute ground for refusal — Not distinctive — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
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Judgment of the General Court (Sixth Chamber) of 20 July 2017 ECLI:EU:T:2017:537 (Appeal: Case before the Court of Justice C-547/17 P) |
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Case T-148/16 P Barnett and Mogensen v Commission
Appeal — Cross-appeal — Civil Service — Officials — Pensions — Adaptation of weightings — Interim update — Adversely affecting act — Admissibility of the cross-appeal — Article 65(4) of the Staff Regulations — Update for 2014 — Sensitivity threshold concerning progression of the cost of living
Case T-287/16 Belgium v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Belgium — Export refunds — No recovery resulting from negligence attributable to a body of a Member State — Non-exhaustion of all possible remedies — Proportionality
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Judgment of the General Court (Second Chamber) of 20 July 2017 ECLI:EU:T:2017:531 (Appeal: Case before the Court of Justice C-587/17 P) |
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Case T-309/16 Cafés Pont v EUIPO – Giordano Vini (Art's Cafè)
EU trade mark — Revocation proceedings — EU figurative trade mark Art’s Cafè — Genuine use of the mark — Article 15(1) and Article 51(1) of Regulation (EC) No 207/2009
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Judgment of the General Court (Fifth Chamber) of 20 July 2017 ECLI:EU:T:2017:535 (Appeal: Case before the Court of Justice C-559/17 P) |
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Case T-395/16 Windfinder R&L v EUIPO (Windfinder)
European Union trade mark — Application for the EU word mark Windfinder — Absolute grounds for refusal — No distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009– Neologism — Insufficiently direct and specific connection with certain goods and services covered by the mark applied for — Power to alter decisions
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Judgment of the General Court (Seventh Chamber) of 20 July 2017 ECLI:EU:T:2017:530 (Appeal: Case before the Court of Justice C-553/17 P) |
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Case T-780/16 Mediaexpert v EUIPO – Mediaexpert (mediaexpert)
EU trade mark — Invalidity proceedings — EU figurative mark mediaexpert — Earlier national word mark mediaexpert — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence of the existence, validity and scope of protection of the earlier mark — Registration certificate for the earlier mark — Translation — Rules 37 to 39 and Rule 98(1) of Regulation (EC) No 2868/95 — Legitimate expectations
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Judgment of the General Court (Sixth Chamber) of 20 July 2017 ECLI:EU:T:2017:538 (Appeal: Case before the Court of Justice C-560/17 P) |
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Case T-244/17 R António Conde & Companhia v Commission
Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest
Case T-131/17 R Argus Security Projects v EEAS
Interim measures — EEAS — Recovery by offsetting — Application for interim measures — Financial loss — Duty of care — No urgency
August 2017
Information (on unpublished decisions)
Case T-47/16 R Sigma Orionis v REA
Application for interim measures — Arbitration clause — Horizon 2020 Framework Program for Research and Innovation — Decision to suspend payments and terminate grant contracts following a financial audit — Amounts allegedly due by the REA in the context of the implementation of the grant contracts — Claim for damages — Application for suspension of operation of a measure — Lack of urgency — Balancing of interests
Case T-48/16 R Sigma Orionis v Commission
Application for interim measures — Arbitration clause — Seventh Framework Programme of the European Community (2007-2013) and Horizon 2020 Framework Program for Research and Innovation — Decision to suspend payments and terminate grant contracts following a financial audit — Amounts allegedly due by the Commission in the context of the implementation of the grant contracts — Claim for damages — Application for suspension of operation of a measure — Lack of urgency — Balancing of interests
Case T-653/16 R Malta v Commission
Interim measures — Access to documents — Regulation (EC) No 1049/2001 — Common fisheries policy — Regulation (EC) No 1224/2009 — Documents exchanged by Malta and the Commission — Access granted to Greenpeace — Application for suspension of operation — Prima facie case — Balancing of interests
Case T-451/17 R Verband der Deutschen Biokraftstoffindustrie v Commission
Application for interim measures — Calculation of greenhouse gas emissions — Biodiesel — European Commission Communication BK/abd/ener.c.1(2017)2122195 — Application for suspension of operation of a measure — No urgency
September 2017
Case T-374/15 VM v EUIPO – DAT Vermögensmanagement (Vermögensmanufaktur)
EU trade mark — Invalidity proceedings — EU word mark Vermögensmanufaktur — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 7 September 2017 (Extracts)
ECLI:EU:T:2017:589 (Appeal: Case before the Court of Justice C-653/17 P) |
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Case T-671/14 Bayerische Motoren Werke v Commission
State aid — Regional investment aid — Aid granted by Germany to BMW for a large investment project in Leipzig concerning the production of two models of electric cars (i3 and i8) — Decision declaring the aid partly compatible and partly incompatible with the internal market — Article 107(3)(c) TFEU — Article 108(2) and (3) TFEU — Incentive effect of the aid — Whether the aid is necessary
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 12 September 2017
ECLI:EU:T:2017:599 (Appeal: Case before the Court of Justice C-654/17 P) |
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Case T-119/10 Netherlands v Commission
Actions for annulment — ERDF — Reduction of financial assistance — Programme Interreg II/C ‘Rhine-Meuse flood protection’ — Non-compliance with the period prescribed for the adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Language of the case: Dutch
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Order of the General Court (Fifth Chamber) of 13 September 2017
ECLI:EU:T:2017:622 |
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Joined Cases T-504/16 and T-505/16 Bodson and Others v EIB
Civil service — EIB staff — Remuneration — Annual adjustment of the scale of basic salaries — Calculation method — Economic and financial crisis
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 14 September 2017
ECLI:EU:T:2017:603 |
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Case T-734/15 P Commission v FE
Appeal — Civil service — Officials — Open competition — Inclusion on reserve list — Decision of the appointing authority not to recruit a successful candidate — Respective competences of the selection board and the appointing authority — Conditions of admission to the competition — Minimum duration of professional experience — Rules for calculation — Loss of a chance of recruitment — Claim for damages
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 15 September 2017
ECLI:EU:T:2017:612 |
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Case T-585/16 Skareby v EEAS
Civil service — Officials — Freedom of expression — Duty of loyalty — Serious prejudice to the legitimate interests of the Union — Refusal of permission to publish an article — Request that the text be amended — Article 17a of the Staff Regulations — Subject matter of the action — Decision rejecting the administrative complaint
Language of the case: English
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Judgment of the General Court (Second Chamber) of 15 September 2017
ECLI:EU:T:2017:613 |
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Case T-350/13 Jordi Nogues v EUIPO – Grupo Osborne (BADTORO)
EU trade mark — Opposition proceedings — Application for EU figurative mark BADTORO — Earlier EU word and national figurative marks TORO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber) of 20 September 2017
ECLI:EU:T:2017:633 (Appeal: Case before the Court of Justice C-651/17 P) |
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Case T-386/15 Jordi Nogues v EUIPO – Grupo Osborne (BADTORO)
EU trade mark — Opposition proceedings — Application for EU figurative mark BADTORO — Earlier EU figurative and word marks TORO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber) of 20 September 2017 (Extracts)
ECLI:EU:T:2017:632 (Appeal: Case before the Court of Justice C-652/17 P) |
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Case T-609/15 Repsol YPF v EUIPO – Basic (BASIC)
EU trade mark — Invalidity proceedings — EU figurative mark BASIC — Earlier national trade names basic and basic AG — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 21 September 2017
ECLI:EU:T:2017:640 |
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Information (on unpublished decisions)
Case T-451/15 AlzChem v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of the purpose of inspections, investigations and audits — Obligation to carry out a specific and individual examination — Overriding public interest
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Judgment of the General Court (Sixth Chamber) of 7 September 2017 ECLI:EU:T:2017:588 (Appeal: Case before the Court of Justice C-666/17 P) |
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Case T-572/15 Aldi v EUIPO – Rouard (GOURMET)
EU trade mark — Opposition proceedings — Application for EU figurative mark GOURMET — Prior EU figurative mark ORIGINE GOURMET — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2968/95
Case T-578/16 Gillet v Commission
Civil service — Contract staff — Former employed worker under Belgian law — Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 — Recalculation of the amount of the allowance by the administration in the context of an update of management procedures — Act adversely affecting an official or other member of staff — Act which is merely confirmatory — Obligation to state reasons — Recovery of sums overpaid
Case T-411/10 RENV Laufen Austria v Commission
Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision establishing an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Fines — Fine imposed jointly and severally on a parent company and its subsidiary — Ceiling of 10% of turnover — Calculation of the ceiling on the basis solely of the turnover of the subsidiary for the period of the infringement prior to its acquisition by the parent company
Case T-678/16 P Siragusa v Council
Appeal — Civil Service — Officials — Leaving the service — Request to retire — Amendment of the Staff Regulations after that request had been made — Withdrawal of an earlier decision — Legal classification of the contested decision
Case T-97/09 Germany v Commission
Actions for annulment — FEDER — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-21/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Case T-104/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — RESIDER II programme — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-109/10 Luxembourg v Commission
Actions for annulment — FEDER –Reduction in financial aid — Programme Interreg II / ‘Rhine/Meuse Flooding’ — Non-compliance with time-limit for adopting a decision — Infringement of essential procedural requirements — Action clearly well-founded
Case T-114/10 Germany v Commission
Action for annulment — ERDF — Reduction in financial aid — Programme Interreg II/C programme ‘Rhine-Meuse flood’ — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-116/10 Germany v Commission
Action for annulment — ERDF — Reduction of financial assistance — North Rhine-Westphalia Programme — Failure to comply with the time-limit for adopting a decision — Infringement of essential procedural requirements — Action manifestly well founded
Case T-393/15 Università del Salento v Commission
Arbitration clause — General Programme ‘Fundamental Rights and Justice’ — Specific programme ‘Criminal Justice’ — Recovery of sums paid by the Commission under a grant agreement — Set-off of amounts owed — Partial reclassification of the action — Application for a declaration of no contractual claim
Case T-751/15 Contact Software v Commission
Competition — Abuse of a dominant position — Markets for computer-aided design software and for interface information about that software — Decision to reject a complaint — Relevant market –Manifest error of assessment — No EU interest
Case T-103/16 Aldi Einkauf v EUIPO – Weetabix (Alpenschmaus)
EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-276/16 Viridis Pharmaceutical v EUIPO – Hecht-Pharma (Boswelan)
EU trade mark — Revocation proceedings — EU word mark Boswelan — Declaration of revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 — Absence of genuine use of a trade mark — No proper reasons for non-use
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Judgment of the General Court (Second Chamber) of 15 September 2017 ECLI:EU:T:2017:611 (Appeal: Case before the Court of Justice C-668/17 P) |
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Case T-305/16 Lidl Stiftung v EUIPO – Primark Holdings (LOVE TO LOUNGE)
EU trade mark — Invalidity proceedings — EU word mark LOVE TO LOUNGE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Examination of the facts by EUIPO of its own motion — Article 76 of Regulation No 207/2009
Case T-421/16 sheepworld v EUIPO (Beste Oma)
EU trade mark — Application for EU word mark Beste Oma — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-422/16 sheepworld v EUIPO (Beste Mama)
EU trade mark — Application for EU word mark Beste Mama — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-449/16 sheepworld v EUIPO (Bester Opa)
EU trade mark — Application for EU word mark Bester Opa — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-450/16 sheepworld v EUIPO (Beste Freunde)
EU trade mark — Application for EU word mark Beste Freunde — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-451/16 sheepworld v EUIPO (Bester Papa)
EU trade mark — Application for EU word mark Bester Papa — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-452/16 sheepworld v EUIPO (Beste Freundin)
EU trade mark — Application for EU word mark Beste Freundin — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Cases T-107/15 and T-347/15 Uganda Commercial Impex v Council
Common foreign and security policy — Restrictive measures taken against the Democratic Republic of the Congo — Freezing of funds — List of the persons, entities and bodies acting in breach of the embargo with regard to the Democratic Republic of the Congo — Maintenance of the applicant’s name on the list
Case T-86/16 Codorníu v EUIPO – Bodegas Altun (ANA DE ALTUN)
EU trade mark — Opposition proceedings — Application for EU figurative mark ANA DE ALTUN — Earlier national figurative mark ANNA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 — Obligation to state reasons
Case T-327/15 Greece v Commission
EAGGF — Guidance Section — Reduction of financial assistance — Operational programme — Legal basis — Transitional provisions — Application of financial corrections after the programming period concerned — Infringement of essential procedural requirements — Failure to comply with the time-limit for adopting a decision — Rights of the defence — Right to be heard — Legal certainty — Legitimate expectations — Ne bis in idem — Proportionality
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Judgment of the General Court (First Chamber) of 19 September 2017 ECLI:EU:T:2017:631 (Appeal: Case before the Court of Justice C-670/17 P) |
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Case T-768/15 RP Technik v EUIPO – Tecnomarmi (RP ROYAL PALLADIUM)
EU trade mark — Opposition proceedings — EU figurative mark RP ROYAL PALLADIUM — Earlier EU word mark RP — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-315/16 Tamasu Butterfly Europa v EUIPO – adp Gauselmann (Butterfly)
EU trade mark — Opposition proceedings — Application for EU word mark Butterfly — Earlier EU word mark and national trade name Butterfly — Relative grounds for refusal — Article 8(1)(b) and (4) and (5) of Regulation (EC) No 207/2009
Case T-244/17 RII António Conde & Companhia v Commission
Interim measures — Fishing vessel — Northwest Atlantic Fisheries Organisation — Admissibility — New facts — Change in circumstances — Application for interim measures — Lack of interest
Case T-402/16 Berliner Stadtwerke v EUIPO (berlinGas)
EU trade mark — Application for EU word mark berlinGas — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
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Order of the General Court (Seventh Chamber) of 20 September 2017 ECLI:EU:T:2017:655 (Appeal: Case before the Court of Justice C-656/17 P) |
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Case T-719/16 Berliner Stadtwerke v EUIPO (berlinWärme)
EU trade mark — Application for EU word mark berlinWärme — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly unfounded in law
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Order of the General Court (Seventh Chamber) of 20 September 2017 ECLI:EU:T:2017:658 (Appeal: Case before the Court of Justice C-655/17 P) |
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Case T-214/15 Novartis v EUIPO – Meda (Zymara)
EU trade mark — Opposition proceedings — Application for the EU word mark Zymara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009
Case T-238/15 Novartis v EUIPO – Meda (Zimara)
EU trade mark — Opposition proceedings — Application for the EU word mark Zimara — Earlier EU word mark FEMARA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 75 of Regulation No 207/2009 — Article 76(1) of Regulation No 207/2009 — Obligation to decide on the entirety of the appeal — First sentence of Article 64(1) of Regulation No 207/2009
Case T-87/16 Eurofast v Commission
Financial assistance — Seventh Framework Programme for research, technological development and demonstration activities — ASSET Convention — Decision to recover by offsetting certain sums paid following a financial audit — Action for annulment — Legitimate expectations — Arbitration clause — Deadline for providing the audit report — Adversarial principle — Eligibility of costs — Contractual liability
Case T-261/16 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1290/2005 — Direct support scheme for farmers — Regulation (EC) No 73/2009 and Regulation (EC) No 1122/2009 — Milk quota system — Regulation (EC) No 1788/2003 and Regulation (EC) No 595/2004 — Replacement of on-the-spot checks of agricultural holdings by administrative checks
Case T-620/16 The Logistical Approach v EUIPO – Idea Groupe (Idealogistic)
European trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic — Earlier national word mark idéa logistique — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) Regulation (EC) No 207/2009 — Examination of the facts of EUIPO’s own motion — Article 76(1) of Regulation No 207/2009
Case T-789/16 InvoiceAuction B2B v EUIPO (INVOICE AUCTION)
EU trade mark — Application for the figurative EU trade mark INVOICE AUCTION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
Case T-586/15 Nara Tekstil Sanayi Ve Ticaret v EUIPO – NBC Fourth Realty (NaraMaxx)
EU trade mark — Opposition proceedings — Application for the EU figurative mark NaraMaxx — Earlier national word mark MAXX — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-682/15 P Wanègue v Comittee of the Regions
Appeal — Civil service — Officials — Working conditions — Overtime — Chauffeur in grade AST 6 — Withdrawal of entitlement to the fixed allowance for overtime — Equality of arms — Obligation to state reasons — Errors in law — Distortion of the facts
Case T-454/16 Arrigoni v EUIPO – Arrigoni Battista (Arrigoni Valtaleggio)
European Union trade mark — Proceedings for a declaration of invalidity — International registration designating the European Union — Figurative mark Arrigoni Valtaleggio — Earlier national figurative mark ARRIGONI - Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009
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Judgment of the General Court (Seventh Chamber) of 22 September 2017 ECLI:EU:T:2017:646 (Appeal: Case before the Court of Justice C-642/17 P) |
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Case T-501/16 RENV D'Agostino v Commission
Civil Service — Contractual staff — Article 3a of the CEOS — Contract not renewed — Articles 12a and 24 of the Staff Regulations — Duty of care — Interest of the service
Case T-564/10 RENV Quimitécnica.com and de Mello v Commission
Competition — Agreements, decisions and concerted practices — European market for animal feed phosphates — Fine imposed jointly and severally following a settlement procedure — Payment in instalments — Decision requiring the provision of a bank guarantee from a bank with a long-term ‘AA’ credit rating — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Proportionality
Case T-83/16 Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO – ING-DIBa (WIDIBA)
EU trade mark — Opposition proceedings — Application for EU word mark WIDIBA — Earlier national word mark DiBa — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Request for restitutio in integrum — Duty of care
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Judgment of the General Court (Second Chamber) of 26 September 2017 ECLI:EU:T:2017:662 (Appeal: Case before the Court of Justice C-684/17 P) |
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Case T-84/16 Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO – ING-DIBa (widiba)
EU trade mark — Opposition proceedings — Application for EU figurative mark widiba — Earlier national word mark DiBa — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Inadmissibility of the appeal before the Board of Appeal — Request for restitutio in integrum — Duty of care
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Judgment of the General Court (Second Chamber) of 26 September 2017 ECLI:EU:T:2017:661 (Appeal: Case before the Court of Justice C-685/17 P) |
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Case T-297/16 P Gyarmathy v EMCDDA
Appeal — Civil service — Temporary staff — EMCDDA staff — Decision not to renew a contract of employment — Termination of the contract — Psychological harassment — Request for assistance — Administrative inquiry — Impartiality of the inquiry
Case T-562/16 Hanschmann v Europol
Civil Service — Europol — Non-renewal of a contract — Refusal to award a contract for an indefinite period — Compensation — Annulment by the Civil Service Tribunal — Enforcement of the judgments in Cases F‑27/09 and F‑104/12
Case T-563/16 Knöll v Europol
Civil Service — Europol — Non-renewal of a contract — Refusal to award a contract for an indefinite period — Compensation — Annulment by the Civil Service Tribunal — Enforcement of the judgments in Cases F‑27/09 and F‑104/12
Case T-717/16 Waldhausen v EUIPO (Representation of the silhouette of a horse’s head)
EU trade mark — Application for EU figurative mark representing the silhouette of a horse’s head — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009
Case T-755/16 La Rocca v EUIPO (Take your time Pay After)
European Union trade mark — Application for figurative EU trade mark Take your time Pay After — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009
Case T-443/17 R António Conde & Companhia v Commission
Application for interim measures — Fishing vessels — Regional fisheries management organisation for the North-East Atlantic — Application for interim measures — No urgency
Case T-579/17 R Wall Street Systems UK v ECB
Application for interim measures — Public service contracts — Tendering procedure — Provision of a treasury management system — Rejection of one tenderer’s bid and award of the contract to another tenderer — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 26 September 2017 ECLI:EU:T:2017:668 (Appeal: Case before the Court of Justice C-576/17 P(R)) |
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Case T-765/15 BelTechExport v Council
Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds — Suspension of measures — Obligation to state reasons — Rights of defence — Right to be heard — Error of assessment
Case T-366/16 Gaki v Europol
Action for annulment and damages — Failure to comply with procedural requirements — Applications seeking an injunction — Manifest inadmissibility — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 27 September 2017 ECLI:EU:T:2017:670 (Appeal: Case before the Court of Justice C-671/17 P) |
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Case T-737/14 R Vnesheconombank v Council
Application for interim measures — Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Application for the suspension of operation of measures — No urgency
Case T-138/15 Aanbestedingskalender and Others v Commission
State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest
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Judgment of the General Court (Seventh Chamber) of 28 September 2017 ECLI:EU:T:2017:675 (Appeal: Case before the Court of Justice C-687/17 P) |
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Case T-206/16 Bodegas Verdúguez v EUIPO (TRES TOROS 3)
EU trade mark — Application for EU word mark TRES TOROS 3 — Absolute ground for refusal — Trade mark for wine containing a geographical indication — Article 7(1)(j) of Regulation (EC) No 207/2009
Case T-207/16 Aristoteleio Panepistimio Thessalonikis v Commission
Action for annulment — Measures never having been adopted — Request for a declaration that there is no need to adjudicate — Request that the application be interpreted as referring to a measure other than the contested measures — Dismissal — Manifest inadmissibility
Joined Cases T-495/16 RENV I and T-495/16 RENV II Hristov v Commission and EMA
Civil Service — Appointment — Position of executive director of a regulatory agency — EMA — Selection and appointment procedure — Composition of the pre-selection panel — Impartiality — Assessment criteria — Appointment of another candidate — Res judicata
Case T-779/16 Rühland v EUIPO – 8 seasons design (Lamp in the form of a star)
Community design — Invalidity proceedings — Registered Community design representing a lamp in the form of a star — Earlier Community design — Ground of invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-211/17 R Amplexor Luxembourg v Commission
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
October 2017
Case T-175/15 Mabrouk v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Continued listing of the applicant’s name — Inadequate factual basis — Manifest error of assessment — Error of law — Right to property — Principle of good administration — Obligation to adjudicate within a reasonable time — Presumption of innocence — Request for modification — Confirmatory measure — Inadmissibility
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 5 October 2017
ECLI:EU:T:2017:694 |
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Case T-435/15 Kolachi Raj Industrial v Commission
Dumping — Import of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Implementing Regulation (EU) 2015/776 — Article 13(2)(a) and (b) of Regulation (EC) No 1225/2009 — Assembly operations — Provenance and origin of bicycle parts — Certificates of origin — Insufficient evidentiary value — Manufacturing costs of bicycle parts
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 10 October 2017
ECLI:EU:T:2017:712 (Appeal: Case before the Court of Justice C-709/17 P) |
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Case T-170/16 Guardian Glass España, Central Vidriera v Commission
Actions for annulment — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility
Language of the case: Spanish
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Order of the General Court (First Chamber) of 11 October 2017
ECLI:EU:T:2017:722 |
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Case T-316/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-554S)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑554S — Earlier non-registered national word mark SDC‑554S — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 12 October 2017
ECLI:EU:T:2017:717 |
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Case T-712/14 CEAHR v Commission
Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Selective repair system — Refusal of Swiss watch manufacturers to supply spare parts to independent watch repairers — Primary market and aftermarket — Elimination of all effective competition — Decision rejecting a complaint
Language of the case: English
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Judgment of the General Court (Second Chamber) of 23 October 2017
ECLI:EU:T:2017:748 (Appeal: Case before the Court of Justice C-3/18 P) |
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Case T-26/16 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Irregularities in the determination of amounts owed — Delays in the procedure for recovery of amounts owed — Failure to offset between funds — Determination of the amount of interest — Proportionality — Flat-rate financial correction — Articles 31 to 33 of Regulation (EC) No 1290/2005 — Individual situations
Language of the case: Greek
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Judgment of the General Court (Seventh Chamber) of 25 October 2017 (Extracts)
ECLI:EU:T:2017:752 (Appeal: Case before the Court of Justice C-6/18 P) |
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Case T-704/14 Marine Harvest v Commission
Competition — Concentrations — Decision imposing a fine for putting into effect a concentration prior to its notification and authorisation — Article 4(1), Article 7(1) and (2) and Article 14 of Regulation (EC) No 139/2004 — Negligence — Principle ne bis in idem — Gravity of the infringement — Amount of the fine
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 26 October 2017
ECLI:EU:T:2017:753 (Appeal: Case before the Court of Justice C-10/18 P) |
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Case T-601/16 Paraskevaidis v Cedefop
Civil Service — Officials — Cedefop — Promotion — 2015 Promotion exercise — Decision not to promote the applicant to Grade AD 12 — Articles 44 and 45 of the Staff Regulations — Comparison of the merits — Duty to state reasons — Implied rejection of the complaint — Liability
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 26 October 2017
ECLI:EU:T:2017:757 |
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Case T-844/16 Alpirsbacher Klosterbräu Glauner v EUIPO (Klosterstoff)
EU trade mark — Application for EU word mark Klosterstoff — Absolute grounds for refusal — Descriptive character — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001) — Previous EUIPO practice
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 26 October 2017
ECLI:EU:T:2017:759 |
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Information (on unpublished decisions)
Case T-695/15 BMB v EUIPO – Ferrero (Container for sweets)
Community design — Invalidity proceedings — Registered Community design representing a container for sweets — Earlier international three-dimensional mark — Shape of a standard container which can be filled with sweets — Likelihood of confusion — Application of national law — Article 25(1)(e) of Regulation (EC) No 6/2002 — Article 62 and Article 63(1) of Regulation No 6/2002
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Judgment of the General Court (First Chamber) of 3 October 2017 ECLI:EU:T:2017:684 (Appeal: Case before the Court of Justice C-693/17 P) |
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Case T-453/16 Ellinikos Syndesmos Epicheiriseon gia ti Diacheirisi ton Diethnon Protypon GS1 v EUIPO – 520 Barcode Hellas (520Barcode Hellas)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 520Barcode Hellas — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Identification of the nature of the sign cited in opposition — Other earlier sign 520 — Identification of the goods and services on which the opposition is based
Case T-656/16 PM v ECHA
REACH — Fee due for the registration of a substance — Reduction granted to SMEs — Determination of the size of the undertaking — ECHA’s verification of the undertaking’s declaration — Request for evidence demonstrating the status of a SME — Decision imposing an administrative charge
Case T-411/15 Gappol Marzena Porczyńska v EUIPO – Gap (ITM) (GAPPoL)
EU trade mark — Opposition proceedings — Application for the EU figurative mark GAPPOL — Earlier EU word mark GAP — Cross-appeal — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation — Article 8(5) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
Case T-126/16 1. FC Köln v EUIPO (SPÜRBAR ANDERS.)
EU trade mark — Application for the EU word mark SPÜRBAR ANDERS. — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)
Case T-143/16 Intesa Sanpaolo v EUIPO – Intesia Group Holding (INTESA)
EU trade mark — Revocation proceedings — EU word mark INTESA — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 — No genuine use of the trade mark
Case T-149/15 Ben Ali v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Freezing of funds — Action for annulment — Admissibility — Legal basis — Reinclusion of the applicant’s name on the basis of new grounds — Obligation to state reasons – Factual basis – Right to property – Proportionality
Case T-336/16 Versace 19.69 Abbigliamento Sportivo v EUIPO – Gianni Versace (VERSACE 19.69 ABBIGLIAMENTO SPORTIVO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark VERSACE 19.69 ABBIGLIAMENTO SPORTIVO — Earlier EU word mark VERSACE — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-337/16 Versace 19.69 Abbigliamento Sportivo v EUIPO – Gianni Versace (VERSACCINO)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark VERSACCINO — Earlier EU word mark VERSACE — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Case T-36/17 Forest Pharma v EUIPO – Ipsen Pharma (COLINEB)
EU trade mark — Opposition proceedings — Application for EU word mark COLINEB — Earlier national figurative mark Colina — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Extent of the examination to be carried out by the Board of Appeal — Article 76(1) of Regulation No 207/2009
Case T-139/16 SDSR v EUIPO – Berghaus (BERG OUTDOOR)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark BERG OUTDOOR — Earlier EU word marks BERGHAUS — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-176/16 Kofola ČeskoSlovensko v EUIPO – Mionetto (UGO)
EU trade mark — Opposition proceedings — Application for EU figurative mark UGO — Earlier EU figurative mark il UGO ! — Partial surrender of the earlier mark — 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)
Case T-184/16 NRJ Group v EUIPO – Sky International (SKY ENERGY)
EU trade mark — Opposition proceedings — Application for the EU word mark SKY ENERGY — Earlier EU word mark NRJ — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-386/16 Falegnameria Universo dei F.lli Priarollo v EUIPO – Zanini Porte (silente PORTE & PORTE)
EU trade mark — Revocation proceedings — EU figurative mark silente PORTE & PORTE — Genuine use — Place of use — Nature of use — Use by third parties — Declaration of revocation — Right of defence — Articles 75 and 76 of Regulation (EC) No 207/2009 — Article 51(1)(a) of Regulation No 207/2009
Case T-878/16 Karelia v EUIPO (KARELIA)
EU trade mark — Application for the EU word mark ‘KARELIA’ — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-211/14 RENV Klement v EUIPO (Form of an oven)
European Union trade mark — Revocation proceedings — Three-dimensional EU trade mark — Form of an oven — Genuine use of a mark — Point (a) of the second subparagraph of Article 15(1), and Article 51(1)(a) of Regulation (EC) No 207/2009 — Nature of use of the mark — Form differing in elements which do not alter the distinctive character
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Judgment of the General Court (Sixth Chamber) of 10 October 2017 ECLI:EU:T:2017:715 (Appeal: Case before the Court of Justice C-698/17 P) |
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Case T-233/15 Cofra v EUIPO – Armand Thiery (1841)
EU trade mark — Invalidity proceedings — EU word mark 1841 — Earlier national word mark AD-1841-TY — Relative ground for refusal — Genuine use of the earlier mark — Taking into account of additional evidence — Articles 57(2) and 76(2) of Regulation (EC) No 207/2009 (now Articles 64(2) and 95(2) of Regulation (EU) 2017/1001) — Rule 40(6) of Regulation (EC) No 2868/95 (now Article 19(2) of Delegated Regulation (EU) 2017/1430) — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-281/16 Solelec and Others v Parliament
Public works contracts — Tendering procedure — Electrical work (high-voltage current) as part of the project for the extension and refurbishment of the Parliament’s Konrad Adenauer building in Luxembourg — Rejection of the tender submitted by a tenderer and decision to award the contract to another tenderer — Manifest error of assessment — Selection criteria — Technical and professional capacity — Award criteria — Abnormally low tender — Market value
Case T-382/16 Asna v EUIPO – Wings Software (ASNA WINGS)
EU trade mark — Opposition proceedings — Application for the EU word mark ASNA WINGS — Earlier Benelux word mark WINGS — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-841/16 Alex v Commission
Action for annulment — State aid — Financing of an urban development project — Complaint — Preliminary examination procedure — Decision of the Commission finding no State aid — Action challenging the merits of the Commission’s decision — No individual concern — Inadmissibility
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Order of the General Court (First Chamber) of 10 October 2017 ECLI:EU:T:2017:724 (Appeal: Case before the Court of Justice C-696/17 P) |
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Case T-670/15 Osho Lotus Commune v EUIPO – Osho International Foundation (OSHO)
EU trade mark — Proceedings for a declaration of invalidity — EU word mark OSHO — Absolute ground for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — No adverse effect on public policy — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)
Case T-317/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-888TII RU)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑888TII RU — Earlier non-registered national word mark SDC‑888TII RU — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001)
Case T-318/16 Moravia Consulting v EUIPO – Citizen Systems Europe (SDC-444S)
EU trade mark — Opposition proceedings — Application for EU word mark SDC‑444S — Earlier non-registered national word mark SDC‑444S — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Evidence establishing the content of national law — Rule 19(2)(d) of Regulation (EC) No 2868/95 (now Article 7(2)(d) of Delegated Regulation (EU) 2017/1430) — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001)
Case T-434/16 Sensi Vigne & Vini v EUIPO – El Grifo (CONTADO DEL GRIFO)
EU trade mark — Opposition proceedings — Application for EU figurative mark CONTADO DEL GRIFO — Earlier EU figurative mark EL GRIFO — 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)
Case T-572/16 Brouillard v Commission
Civil service — Recruitment — Competition notice — Open Competition EPSO/AD/306/15 — French-language lawyer-linguists at the Court of Justice of the European Union — Online application — Pre-selection based on qualifications — Qualifications required — Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution — ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism — Issued following ‘accreditation of skills gained through experience’ — Non-admission to the tests in a competition — Action for annulment — Content of the application — Inadmissibility — Professional competence — Full legal education requirement — Recognition of qualifications
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Judgment of the General Court (Third Chamber) of 13 October 2017 ECLI:EU:T:2017:720 (Appeal: Case before the Court of Justice C-728/17 P) |
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Case T-773/16 Salehi v Commission
Action for failure to act — Regulation (EC) No 539/2001 — Failure by the Commission to adopt implementing acts temporarily suspending the exemption from visa requirements for certain categories of third country nationals — Position of the Commission — Manifestly inadmissible
Case T-704/16 Murka v EUIPO (SCATTER SLOTS)
EU trade mark — Application for the EU word mark SCATTER SLOTS — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001)
Case T-746/16 Andreassons Åkeri and Others v Commission
Action for annulment — Social security — Commission decision to close an EU Pilot procedure — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — Lack of direct concern — Manifest inadmissibility — Application seeking the issue of an injunction — Manifest lack of jurisdiction
Case T-7/15 Leopard v EUIPO – Smart Market (LEOPARD true racing)
EU trade mark — Opposition proceedings — Application for figurative EU trade mark LEOPARD true racing — Prior figurative EU trade mark leopard CASA Y JARDIN — 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)
Case T-502/15 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Flat-rate financial corrections — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Obligation to state reasons — Burden of proof — Proportionality — Rights of defence
Case T-736/15 Aldi v EUIPO – Sky (SKYLITe)
EU trade mark – Opposition proceedings – Application for EU figurative mark skylite – Earlier EU word mark SKY – Proof of use of the earlier mark – Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 – Rule 22(2) of Regulation (EC) No 2868/95 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009
Case T-649/16 Bernaldo de Quirós v Commission
Civil service — Officials — Assignment — Transfer from a head of unit post to an advisor post — Interests of the service — Misuse of powers — Right to be heard and duty of care — Principle of equivalence of posts
Case T-683/16 Kuka Systems v EUIPO (MATRIX BODY SHOP)
EU trade mark — Application for EU word mark MATRIX BODY SHOP — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-686/16 P Possanzini v Frontex
Appeal — Civil service — Temporary staff — 2009 appraisal procedure — Powers of the countersigning officer — Amendment of the reporting officer’s primary assessment by the countersigning officer — Preliminary consultation meeting between the countersigning officer and the reporting officer — Infringement of essential procedural requirements — Examination of the Court’s own motion
Case T-705/16 P WQ v Parliament
Appeal — Civil service — Officials — Certification procedure — 2014 — Not included in the list of officials selected to participate in the training programme — Equal treatment — Article 165 TFEU — Plea of illegality
Case T-87/17 Kuka Systems v EUIPO (Matrix light)
EU trade mark — Application for EU word mark Matrix light — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-404/16 Galletas Gullón v EUIPO – O2 Holdings (Shape of a packet of biscuits)
EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character
Case T-418/16 Galletas Gullón v EUIPO – O2 Holdings (Shape of a packet of biscuits)
EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character
Case T-441/16 Tetra Pharm (1997) v EUIPO – Sebapharma (SeboCalm)
EU trade mark — Opposition proceedings — Application for the EU word mark SeboCalm — Earlier EU word mark — 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)
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Judgment of the General Court (Second Chamber) of 23 October 2017 ECLI:EU:T:2017:747 (Appeal: Case before the Court of Justice C-726/17 P) |
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Case T-810/16 Barmenia Krankenversicherung v EUIPO (Mediline)
EU trade mark — Application for registration of the EU word mark Mediline — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 7(2) of Regulation No 207/2009 (now Article 7(2) of Regulation 2017/1001)
Case T-833/16 Karp v Parliament
Action for annulment and for damages — Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Act not open to challenge — Preparatory act — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility
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Order of the General Court (Sixth Chamber) of 23 October 2017 ECLI:EU:T:2017:766 (Appeal: Case before the Court of Justice C-714/17 P) |
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Case T-202/16 Keturi kambariai v EUIPO – Coffee In (coffee inn)
EU trade mark — Opposition proceedings — Application for EU figurative mark coffee inn — Earlier national figurative mark coffee in — 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) — Genuine use of the earlier mark — Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-551/16 Lucaccioni v Commission
Civil Service — Officials — Exposure to asbestos and other substances — Industrial disease — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 14 — Article 266 TFEU — Misuse of power — Medical Committee — Collegiate principle — Breach of the Medical Committee’s mandate — Obligation to state reasons — Action for compensation — Length of the proceedings — Non-pecuniary harm
Case T-394/15 KPN v Commission
Competition — Concentrations — Netherlands market for television services and telecommunications services — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Duty to state reasons — Relevant market — Vertical effects — Judicial review
Case T-562/15 Federcaccia Toscana and Others v Commission
Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period for hunting in Tuscany
Case T-570/15 Federcaccia della Regione Liguria and Others v Commission
Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period of hunting in Liguria
Case T-685/15 Sulayr Global Service v EUIPO – Sulayr Calidad (sulayr GLOBAL SERVICE)
EU trade mark — Opposition proceedings — Application for EU figurative mark sulayr GLOBAL SERVICE — Earlier national word mark SULAYR — Relative ground for refusal — No similarity of the services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-330/16 Hello Media Group v EUIPO – Hola (#hello digitalmente diferentes)
EU trade mark — Opposition proceedings — Application for EU figurative mark #hello digitalmente diferentes — Earlier EU word and figurative marks HELLO! — 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) — Replacement of a party to the proceedings
Case T-331/16 Hello Media Group v EUIPO – Hola (#hello media group)
EU trade mark — Opposition proceedings — Application for EU figurative mark #hello media group — Earlier EU figurative and word marks HELLO! — 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)
Case T-431/16 VIMC v Commission
Competition — Abuse of dominant position — Private healthcare market — Article 13(1) of Regulation (EC) No 1/2003 — Decision rejecting a complaint — Handing of the case by a Member State’s competition authority
Case T-670/16 Digital Rights Ireland v Commission
Action for annulment — Area of freedom, justice and security — Protection of natural persons with regard to the processing of personal data — Transfer of personal data to the United States — Not-for-profit company incorporated under Irish law — No protection of personal data for legal persons — Controller — Action in the name of members and supporters — Action in the public interest — Inadmissible
Case T-706/16 P HB v Commission
Appeal – Civil service – Officials – Promotion – 2014 promotion exercise – Comparative consideration of the merits – Discrimination based on sex – Error in law
Case T-857/16 Erdinger Weißbräu Werner Brombach v EUIPO (Shape of a large glass)
European Union trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a large glass — Absolute ground for refusal — Lack of distinctive nature — Article 7(1)(b) of Regulation (EC) No 2017/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
November 2017
Case T-180/15 Icap and Others v Commission
Competition — Agreements, decisions and concerted practices — Yen interest rate derivatives sector — Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates — Restriction of competition by object — Participation of a broker in the infringements — ‘Hybrid’ settlement procedure — Principle of the presumption of innocence — Principle of sound administration — Fines — Basic amount — Exceptional adjustment — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 10 November 2017
ECLI:EU:T:2017:795 (Appeal: Case before the Court of Justice C-39/18 P) |
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Case T-586/16 Vincenti v EUIPO
Civil service — Officials — Promotion — 2015 promotion exercise — Lack of staff reports as a result of sick leave — General provisions for implementing Article 45 of the Staff Regulations
Language of the case: English
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Judgment of the General Court (Third Chamber) of 14 November 2017
ECLI:EU:T:2017:803 |
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Case T-75/14 USFSPEI v Parliament and Council
Action for annulment — Time limit for bringing proceedings — Inadmissibility — Non-contractual liability — Reform of the Staff Regulations and of the CEOS — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for the adoption of acts — Failure to consult the Staff Regulations Committee and the trade unions — Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 16 November 2017
ECLI:EU:T:2017:813 |
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Case T-263/15 Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of the interested parties — Infringement of essential procedural requirements
Language of the case: Polish
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Judgment of the General Court (Seventh Chamber) of 17 November 2017 (Extracts)
ECLI:EU:T:2017:820 (Appeal: Case before the Court of Justice C-56/18 P) |
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Case T-452/15 Petrov and Others v Parliament
Member of the European Parliament — Refusal of access to the buildings of the Parliament — Third-country national — Article 21 of the Charter of Fundamental Rights — Discrimination on grounds of ethnic origin — Discrimination on grounds of nationality — Admissibility of a plea — Discrimination on grounds of political opinions — Equal treatment — Misuse of powers
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 20 November 2017
ECLI:EU:T:2017:822 |
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Case T-618/15 Voigt v Parliament
Member of the European Parliament — Refusal to make Parliament premises available — Third-country nationals — Refusal of access to Parliament buildings — Article 21 of the Charter of Fundamental Rights — Discrimination on grounds of ethnic origin — Discrimination on grounds of nationality — Admissibility of a plea — Discrimination on grounds of political opinions
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 20 November 2017
ECLI:EU:T:2017:821 |
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Case T-702/15 BikeWorld v Commission
Action for annulment — Representation by a lawyer who is not a third party — Inadmissibility
Language of the case: German
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Order of the General Court (First Chamber) of 20 November 2017
ECLI:EU:T:2017:834 |
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Case T-140/15 Aurora v CPVO – SESVanderhave (M 02205)
Plant varieties — Nullity proceedings — Sugar beet variety M 02205 — Article 20(1)(a) of Regulation (EC) No 2100/94 — Article 7 of Regulation No 2100/94 — Distinctness of the candidate variety — Technical examination — Procedure before the Board of Appeal — Obligation to analyse carefully and impartially all the elements relevant to the present case — Power to alter
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 23 November 2017
ECLI:EU:T:2017:830 |
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Joined Cases T-101/15 and T-102/15 Red Bull v EUIPO – Optimum Mark (Combination of the colours blue and silver)
EU trade mark — Invalidity proceedings — EU trade mark consisting of a combination of the colours blue and silver — Absolute ground for refusal — Graphic representation that is sufficiently clear and precise — Need for a systematic arrangement associating the colours in a predetermined and uniform way — Legitimate expectations — Article 4 and Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Second Chamber) of 30 November 2017
ECLI:EU:T:2017:852 (Appeal: Case before the Court of Justice C-124/18 P) |
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Information (on unpublished decisions)
Case T-627/15 Frame v EUIPO – Bianca-Moden (BIANCALUNA)
EU trade mark — Opposition proceedings — Application for the EU word mark BIANCALUNA — Earlier national figurative mark bianca — Procedural economy — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-628/15 Frame v EUIPO – Bianca-Moden (BiancalunA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BiancalunA — Rejection — Earlier national figurative mark bianca — Relative ground for refusal — No likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-144/16 Mundipharma v EUIPO – Multipharma (MULTIPHARMA)
European Union trade mark — Opposition proceedings — Application for EU word mark MULTIPHARMA — Prior EU word mark MUNDIPHARMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC No 207/2009
Case T-245/15 Klymenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality
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Judgment of the General Court (Sixth Chamber) of 8 November 2017 ECLI:EU:T:2017:792 (Appeal: Case before the Court of Justice C-11/18 P) |
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Case T-246/15 Ivanyushchenko v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Manifest error of assessment
Case T-42/16 De Nicola v Council and Court of Justice of the European Union
Non-contractual liability — Civil service — EIB staff — Guidelines concerning laser treatment — Article 47 of the Charter of Fundamental Rights — Reasonable time — Failure to comply with the rules governing the right to a fair hearing — Material damage — Non-material damage — Claims made by the applicant in the context of a case pending before the Civil Service Tribunal — Partial referral of the case to the General Court
Case T-99/16 De Nicola v Court of Justice of the European Union
Non-contractual liability — Civil service — EIB staff — Psychological harassment — Failure to comply with the rules governing the right to a fair hearing — Article 47 of the Charter of Fundamental Rights — Reasonable time — Claims for compensation made in the context of an action pending before the Civil Service Tribunal — Partial referral of the case to the General Court
Case T-271/16 Pempe v EUIPO – Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS — Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Admissibility of the request for proof of the earlier marks’ genuine use — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-754/16 Oakley v EUIPO – Xuebo Ye (Representation of a split ellipse)
European Union trade mark — Opposition proceedings — Application for registration of an EU figurative mark representing a silhouette in the shape of a discontinuous ellipse — Prior EU figurative mark representing an ellipse — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)
Case T-776/16 Isocell v EUIPO – iCell (iCell.)
EU trade mark — Opposition proceedings — Application for EU figurative mark iCell. — Earlier EU word mark Isocell, earlier international word mark Isocell and earlier international and national word marks ISOCELL — 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)
Case T-777/16 Isocell v EUIPO – iCell (iCell. Insulation Technology Made in Sweden)
EU trade mark — Opposition proceedings — Application for EU figurative mark iCell. Insulation Technology Made in Sweden — Earlier EU word mark Isocell, earlier international word mark Isocell and earlier international and national word marks ISOCELL — 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)
Case T-80/17 Steiniger v EUIPO – ista Deutschland (IST)
European Union trade mark — Opposition proceedings — Application for EU figurative mark IST — Prior EU figurative mark ISTA — Relative ground for refusal — Relevant public — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-668/15 Jema Energy v Joint undertaking Fusion for Energy
Public supply contracts — Call for tenders — Supply of the Acceleration Grid Power Supply Conversion System — Rejection of a submitted tender — Transparency — Legal certainty — Equal treatment — Proportionality
Case T-391/17 R Romania v Commission
Application for interim measures — Institutional law — European citizens’ initiative — Protection of national and linguistic minorities and enhancement of cultural and linguistic diversity in the Union — Principle of conferral — Application for suspension of operation of a measure — No urgency
Case T-831/14 Alfamicro v Commission
Arbitration clause — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit report — Eligible costs — Reimbursement of amounts paid — Proportionality — Legitimate expectations — Legal certainty — Principle of good administration — Obligation to state reasons — Amendment of the form of order sought in the course of the proceedings — Set-off of claims — Counterclaim — Default interest
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Judgment of the General Court (Second Chamber) of 14 November 2017 ECLI:EU:T:2017:804 (Appeal: Case before the Court of Justice C-14/18 P) |
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Case T-129/16 Claranet Europe v EUIPO – Claro (claranet)
EU trade mark — Opposition proceedings — Application for the EU figurative mark claranet — Earlier Benelux word mark CLARO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-667/16 P De Meyer and Others v Commission
Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellants’ names — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge
Case T-668/16 P HL v Commission
Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellant’s name — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge
Case T-784/16 Pilla v Commission and EACEA
Action for annulment and damages — Provisional measures — Application for legal aid submitted after an action had been brought — Creative Europe Programme (2014-2020) — Call for proposals on support for a preparatory action — Decision rejecting candidature due to failure to respect an eligibility criterion — Grants available only to legal persons — Disregard of the formal requirements — Acts not attributable to EACEA — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-229/15 European Dynamics Luxembourg and Others v EBA
Public service contracts — Tendering procedure — Provision of interim staff for IT services — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment
Case T-419/16 Carrera Brands v EUIPO – Autec (Carrera)
EU trade mark — Revocation proceedings — EU word mark Carrera — Article 56(1)(a) of Regulation (EC) No 207/2009 (now Article 63(1)(a) of Regulation (EU) 2017/1001) — Admissibility of the application for revocation — Non-challenge agreement — Decisions of the national courts — Abuse of rights — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1)(a) of Delegated Regulation (EU) 2017/1430) — Application for suspension of the proceedings before EUIPO
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Judgment of the General Court (Eighth Chamber) of 16 November 2017 ECLI:EU:T:2017:812 (Appeal: Case before the Court of Justice C-35/18 P) |
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Case T-456/16 Galletas Gullón v EUIPO – Hug (GULLON DARVIDA)
EU trade mark — Opposition proceedings — Application for the EU word mark GULLON DARVIDA — Earlier international and national word marks DAR VIDA — Documents produced for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) — Rule 50(1) of Regulation No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
Case T-458/16 Acquafarm v Commission
Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 16 November 2017 ECLI:EU:T:2017:810 (Appeal: Case before the Court of Justice C-40/18 P) |
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Case T-722/16 Mapei v EUIPO – Steenfabrieken Vandersanden (zerø)
EU trademark — Opposition proceedings — Application for the EU figurative mark zerø — Earlier EU word mark ZERO — 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)
Case T-723/16 Mapei v EUIPO – Steenfabrieken Vandersanden (RE-CONzerø)
EU trade mark — Opposition proceedings — Application for EU figurative mark RE-CONzerø — Earlier EU word mark ZERO — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-767/16 Nanogate v EUIPO (metals)
European Union trade mark — Application for EU figurative mark metals — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-555/16 Teeäär v ECB
Civil service — ECB Staff — Career transition Support — Lack of competence of the author of an act adversely affecting a party — Rules of sound administration in the management of staff — Material and non-material damage
Case T-684/16 Ciarko spółka z ograniczoną odpowiedzialnością v EUIPO – Maan (Cooker hood)
Community design — Invalidity proceedings — Registered Community design representing a cooker hood — Earlier Community design — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-802/16 Endoceutics v EUIPO – Merck (FEMIBION)
EU trade mark — Revocation proceedings — EU word mark FEMIBION — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use of the mark — Classification of the goods in respect of which genuine use has been shown
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Judgment of the General Court (Fifth Chamber) of 17 November 2017 ECLI:EU:T:2017:818 (Appeal: Case before the Court of Justice C-62/18 P) |
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Case T-403/16 Stada Arzneimittel v EUIPO – Urgo recherche innovation et développement (Immunostad)
EU trade mark — Invalidity proceedings — Application for the EU word mark Immunostad — Earlier national word mark ImmunoStim — Relative ground for refusal — Similarity of the trade marks — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)( a) of Regulation (EU) 2017/1001) — Non-negligible part of the relevant public — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-465/16 Cotécnica v EUIPO – Visán Industrias Zootécnicas (cotecnica OPTIMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark cotecnica OPTIMA — Earlier EU figurative mark visán Optima PREMIUM PETFOOD — 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)
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Judgment of the General Court (First Chamber) of 20 November 2017 ECLI:EU:T:2017:825 (Appeal: Case before the Court of Justice C-73/18 P) |
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Case T-558/16 von Blumenthal and Others v EIB
Civil Service — Staff of the EIB — Reform of the system of remuneration and salary progression — Plea of illegality — Equal treatment — Liability
Case T-652/16 P HD v Parliament
Appeal — Officials — Remuneration — Family allowances — Education allowance — Prohibition of overlapping allowances of the same type — Claim for recovery of undue payments — Protection of personal data — Obligation to state reasons
Case T-771/16 Toontrack Music v EUIPO (EZMIX)
European Union trade mark — Application for EU word mark EZMIX — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment and principle of sound administration
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Judgment of the General Court (Ninth Chamber) of 22 November 2017 ECLI:EU:T:2017:826 (Appeal: Case before the Court of Justice C-48/18 P) |
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Case T-617/16 PF v Commission
Civil service — Officials — Promotion — 2015 promotion exercise — Articles 43 and 45(1) of the Staff Regulations — Duty to provide a statement of reasons — Consideration of comparative merits — Use of languages in the context of the duties performed by administrators assigned to linguistic duties and by administrators assigned to non-linguistic duties — Legitimate absences — Manifest error of assessment
Case T-423/17 R Nexans France and Nexans v Commission
Interim relief — Competition — Power cables — Rejection of the request for confidential treatment of certain information contained in a decision establishing an infringement of Article 101 TFEU — Application for interim measures — Lack of urgency
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Order of the President of the General Court of 23 November 2017 ECLI:EU:T:2017:835 (Appeal: Case before the Court of Justice C-65/18 P(R)) |
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Case T-902/16 HeidelbergCement v Commission
Actions for annulment — Competition — Concentrations — Grey cement market in Croatia — Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not amenable to review — Preparatory act — Inadmissibility
Case T-907/16 Schwenk Zement v Commission
Action for annulment — Competition — Mergers — Market for grey cement in Croatia — Decision to initiate the detailed examination phase in accordance with Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not open to challenge — Preparatory act — Inadmissibility
Case T-31/16 adp Gauselmann v EUIPO (Juwel)
European Union trade mark — Application for EU word mark Juwel — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-239/16 Polskie Zdroje v EUIPO (perlage)
European Union trade mark — Application for EU word mark perlage — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired by use — Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001
Case T-254/16 Steel Invest & Finance (Luxembourg) v Commission
State aid — Iron and steel industry — Aid granted by Belgium in favour of several undertakings in the iron and steel industry — Decision declaring the aid incompatible with the internal market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Private investor test
Case T-909/16 Laboratorios Ern v EUIPO – Sharma (NRIM Life Sciences)
EU trade mark — Opposition proceedings — Application for EU word mark NRIM Life Sciences — Earlier national word mark RYM — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/2001)
Case T-252/15 R Ferrovial and Others v Commission
Application for interim measures — Aid scheme provided for under Spanish tax legislation — Corporate tax provision which enables Spanish undertakings to write off the goodwill resulting from the acquisition of a shareholding in foreign undertakings — New administrative interpretation — Inclusion in the register of direct acquisitions of shareholdings in foreign companies — Application for a stay of execution — No urgency
Case T-633/16 Bilde v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums wrongfully paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 29 November 2017 ECLI:EU:T:2017:849 (Appeal: Case before the Court of Justice C-67/18 P) |
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Case T-634/16 Montel v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums wrongfully paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 29 November 2017 ECLI:EU:T:2017:848 (Appeal: Case before the Court of Justice C-84/18 P) |
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Case T-475/16 FTI Touristik v EUIPO – Prantner and Giersch (Fl)
European Union trade mark — Opposition proceedings — Application for EU figurative mark FI - Prior EU figurative mark fly.de — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 30 November 2017 ECLI:EU:T:2017:856 (Appeal: Case before the Court of Justice C-99/18 P) |
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Case T-687/16 Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO – Nadal Esteban (STYLO & KOTON)
EU trade mark — Invalidity proceedings — EU figurative mark STYLO & KOTON — Absolute ground for refusal — Article 52(1)(b) of (EC) Regulation No 207/2009 (now Article 59(1)(b) of (EU) Regulation 2017/1001) — No bad faith
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Judgment of the General Court (Second Chamber) of 30 November 2017 ECLI:EU:T:2017:853 (Appeal: Case before the Court of Justice C-104/18 P) |
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Case T-798/16 Hanso Holding v EUIPO (REAL)
EU trade mark — Application for the EU figurative mark REAL — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 [now Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001]
Case T-895/16 Toontrack Music v EUIPO (SUPERIOR DRUMMER)
European Union trade mark — Application for EU word mark SUPERIOR DRUMMER — Absolute ground for refusal — Descriptive — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-50/17 Mackevision Medien Design v EUIPO (TO CREATE REALITY)
EU trade mark — Application for EU word mark TO CREATE REALITY — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001]
December 2017
Case T-728/16 Tuerck v Commission
Civil service — Officials — Pensions — Transfer of national pension rights — Capital appreciation between the date of the application for a transfer and the actual date of the transfer
Language of the case: French
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Judgment of the General Court (First Chamber) of 5 December 2017
ECLI:EU:T:2017:865 (Appeal: Case before the Court of Justice C-132/18 P) |
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Case T-120/16 Tulliallan Burlington v EUIPO – Burlington Fashion (Burlington)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Burlington — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Third Chamber) of 6 December 2017
ECLI:EU:T:2017:873 (Appeal: Case before the Court of Justice C-155/18 P) |
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Case T-401/11 P RENV-RX Missir Mamachi di Lusignano and Others v Commission
Appeal — Civil service — Officials — Murder of an official and his wife — Rule of correspondence between the request for compensation, the complaint and the action for damages — Duty to ensure the safety of EU staff — Causal link — Material damage — Liability in solidum — Extent to which benefits provided for by the Staff Regulations must be taken into account — Non-material damage — Liability of an institution for non-material damage suffered by a deceased official — Liability of an institution for non-material damage suffered by the heirs and successors of the deceased official
Language of the case: Italian
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Judgment of the General Court (Appeal Chamber) of 7 December 2017 (Extracts)
ECLI:EU:T:2017:874 |
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Case T-61/16 Coca-Cola v EUIPO – Mitico (Master)
EU trade mark — Opposition proceedings — Application for EU figurative mark Master — Earlier European Union figurative marks Coca-Cola and earlier national figurative mark C — Relative ground for refusal — Unfair advantage taken of the reputation of earlier marks — Evidence relating to the commercial use, outside the European Union, of a sign comprising the mark applied for — Logical inferences — Decision taken following the annulment by the General Court of an earlier decision — Article 8(5) and Article 65(6) of Regulation (EC) No 207/2009 (now Article 8(5) and Article 72(6) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 7 December 2017
ECLI:EU:T:2017:877 |
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Case T-249/15 JT v EUIPO – Carrasco Pirard and Others (QUILAPAYÚN)
EU trade mark — Opposition proceedings — Application for EU figurative mark QUILAPAYÚN — Relative ground for refusal — Well-known mark — Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001) — Proprietor of the mark
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 11 December 2017
ECLI:EU:T:2017:885 |
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Case T-125/16 Léon Van Parys v Commission
Customs union — Imports of bananas from Equador — Post-clearance recovery of import duties — Application for the remission of import duties — Decision adopted following the annulment by the General Court of an earlier decision — Reasonable time
Language of the case: Dutch
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Judgment of the General Court (Fourth Chamber) of 11 December 2017
ECLI:EU:T:2017:884 |
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Case T-692/15 HTTS v Council
Common foreign and security policy — Restrictive measures taken against Iran with a view to preventing nuclear proliferation — Freezing of funds — Obligation to state reasons — Non-contractual liability — Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
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Judgment of the General Court (Third Chamber) of 13 December 2017
ECLI:EU:T:2017:890 (Appeal: Case before the Court of Justice C-123/18 P) |
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Case T-712/15 Crédit mutuel Arkéa v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(3) of Regulation (EU) No 1024/2013 — Prudential supervision on a consolidated basis — Supervised group — Institutions permanently affiliated to a central body — Article 2(21)(c) of Regulation (EU) No 468/2014 — Article 10 of Regulation (EU) No 575/2013 — Capital requirements — Article 16(1)(c) and (2)(a) of Regulation No 1024/2013
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 December 2017
ECLI:EU:T:2017:900 (Appeal: Case before the Court of Justice C-152/18 P) |
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Case T-52/16 Crédit mutuel Arkéa v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(3) of Regulation (EU) No 1024/2013 — Prudential supervision on a consolidated basis — Supervised group — Institutions permanently affiliated to a central body — Article 2(21)(c) of Regulation (EU) No 468/2014 — Article 10 of Regulation (EU) No 575/2013 — Capital requirements — Article 16(1)(c) and (2)(a) of Regulation No 1024/2013
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 December 2017
ECLI:EU:T:2017:902 (Appeal: Case before the Court of Justice C-153/18 P) |
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Case T-482/16 RENV Arango Jaramillo and Others v EIB
Civil service — EIB staff — Period allowed for commencing proceedings — Reasonable time — Pensions — 2008 reform — Contractual nature of the employment relationship — Proportionality — Obligation to state reasons — Legal certainty — Liability — Non-material harm
Language of the case: French
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Judgment of the General Court (Second Chamber) of 13 December 2017 (Extracts)
ECLI:EU:T:2017:901 |
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Case T-136/15 Evropaïki Dynamiki v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Requests for quotation concerning all the lots covered by a call for tenders — Refusal to grant access — Absence of specific, individual examination of the documents requested — Exception relating to the protection of public security — Exception relating to the protection of commercial interests — Exception relating to the protection of privacy — Exception relating to the protection of the decision-making process — General presumption — Unreasonable workload
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 14 December 2017
ECLI:EU:T:2017:915 |
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Case T-304/16 bet365 Group v EUIPO – Hansen (BET365)
EU trade mark — Invalidity proceedings — EU word mark BET 365 — Absolute ground for refusal — Distinctive character acquired through use — Proof — Use of the mark for a number of purposes — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 14 December 2017
ECLI:EU:T:2017:912 (Appeal: Case before the Court of Justice C-136/18 P) |
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Case T-575/16 Martinez De Prins and Others v EEAS
Civil service — Officials — Staff members — Remuneration — Staff of the EEAS serving in a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Ghana from 25% to 20% — Plea of illegality
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 14 December 2017
ECLI:EU:T:2017:911 |
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Case T-609/16 PB v Commission
Civil service — Officials — Recruitment — Competition notice EPSO/AD/309/15 (AD 11) — Doctors for the Luxembourg site — Refusal of admission to the assessment centre tests — Limitation of the choice of second language to a restricted number of official languages of the European Union — Plea of unlawfulness — Manifest error of assessment — Liability — Non-material damage
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 14 December 2017
ECLI:EU:T:2017:910 |
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Case T-849/16 PGNiG Supply & Trading v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation — Lack of direct concern — Inadmissibility
Language of the case: Polish
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Order of the General Court (First Chamber) of 14 December 2017
ECLI:EU:T:2017:924 (Appeal: Case before the Court of Justice C-181/18 P) (Appeal: Case before the Court of Justice C-117/18 P) |
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Case T-21/17 RL v Court of Justice of the European Union
Civil service — Officials — Promotion — 2015 promotion exercise — Decision not to promote the applicant to grade AD 10 as of 1 July 2015 — Interinstitutional transfer — Pro rata temporis system — Consideration of comparative merits — Article 45 of the Staff Regulations — Liability
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 14 December 2017
ECLI:EU:T:2017:907 |
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Information (on unpublished decisions)
Case T-212/16 El Corte Inglés v EUIPO – Elho Business & Sport (FRee STyLe)
EU trade mark — Invalidity proceedings — EU figurative mark FRee STyLe — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Equal treatment
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Order of the General Court (First Chamber) of 19 February 2018 ECLI:EU:T:2018:93 |
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Judgment of the General Court (First Chamber) of 5 December 2017 ECLI:EU:T:2017:869 (Appeal: Case before the Court of Justice C-150/18 P) |
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Case T-213/16 El Corte Inglés v EUIPO – Elho Business & Sport (FREE STYLE)
EU trade mark — Invalidity proceedings — EU word mark FREE STYLE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Equal treatment
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Order of the General Court (First Chamber) of 19 February 2018 ECLI:EU:T:2018:94 |
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Judgment of the General Court (First Chamber) of 5 December 2017 ECLI:EU:T:2017:867 (Appeal: Case before the Court of Justice C-151/18 P) |
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Case T-250/16 P Spadafora v Commission
Appeal — Civil Service — Officials — Dismissal of the action at first instance as manifestly inadmissible and manifestly unfounded — Application to have that order set aside — Post of Head of the Legal Advice Unit of OLAF — Selection procedure — Pre-selection panel — Not included in the restricted list of proposed candidates for a final interview with the Appointing Authority — Impartiality — Claim for compensation — Loss of chance — Whether the state of the proceedings permits final judgment to be given
Case T-893/16 Xiaomi v EUIPO – Apple (MI PAD)
EU trade mark — Opposition proceedings — Application for EU word mark MI PAD — Earlier EU word mark IPAD — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Likelihood of confusion — Similarity of the signs — Similarity of the goods and services
Case T-121/16 Tulliallan Burlington v EUIPO – Burlington Fashion (BURLINGTON THE ORIGINAL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark BURLINGTON THE ORIGINAL — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 December 2017 ECLI:EU:T:2017:872 (Appeal: Case before the Court of Justice C-156/18 P) |
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Case T-122/16 Tulliallan Burlington v EUIPO – Burlington Fashion (Burlington)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Burlington — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 December 2017 ECLI:EU:T:2017:871 (Appeal: Case before the Court of Justice C-157/18 P) |
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Case T-123/16 Tulliallan Burlington v EUIPO – Burlington Fashion (BURLINGTON)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark BURLINGTON — Earlier national word marks BURLINGTON and BURLINGTON ARCADE — Earlier EU and national figurative marks BURLINGTON ARCADE — 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) — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 December 2017 ECLI:EU:T:2017:870 (Appeal: Case before the Court of Justice C-158/18 P) |
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Case T-332/16 Colgate-Palmolive v EUIPO (360°)
EU trade mark — Application for the EU word mark 360° — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
Case T-333/16 Colgate-Palmolive v EUIPO (360°)
EU trade mark — Application for the EU figurative mark 360° — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
Case T-559/16 Durazzo v EEAS
Civil service — Officials — Promotion — 2014 promotion exercise — Acts not adversely affecting an official — Manifest inadmissibility — Decision not to promote the applicant — Article 43 and Article 45(1) of the Staff Regulations — Consideration of comparative merits — Taking into account staff reports for the purpose of promotion — Purely literal assessments — No method enabling staff reports to be compared for the purpose of promotion — Manifestly well-founded action
Case T-622/16 sheepworld v EUIPO (Alles wird gut)
EU trade mark — Application for the EU word mark Alles wird gut — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-853/16 Techniplan v Commission
Action for failure to act — Defined position of the Commission — Action for damages — Failure to comply with procedural requirements — Application for an injunction — Manifest inadmissibility — Manifest lack of jurisdiction
Case T-381/17 Acsen v Parliament and Council
Action for annulment — Directive 2011/35/EU — Merger of public limited liability companies — Nullity of the merger– No distinction between absolute nullity and relative nullity of the merger — Time-limit for bringing an action — Delay — Manifest inadmissibility
Case T-771/15 Hochmann Marketing v EUIPO – BitTorrent (bittorrent)
EU trade mark — Revocation proceedings — EU word mark bittorrent — Article 76(1) and (2) of Regulation (EC) No 207/2009 (now Article 95(1) and (2) of Regulation (EU) 2017/1001) — No account taken of evidence submitted before the Cancellation Division — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 12 December 2017 ECLI:EU:T:2017:887 (Appeal: Case before the Court of Justice C-118/18 P) |
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Case T-35/16 Sony Computer Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark — Revocation proceedings — EU word mark Vita — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Use in connection with the goods in question — Obligation to state reasons
Case T-815/16 For Tune v EUIPO – Simplicity trade (opus AETERNATUM)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark opus AETERNATUM — Earlier EU word mark OPUS — 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)
Case T-314/15 Greece v Commission
State aid — Aid in favour of an undertaking which has concluded a concession to operate container terminals in the Port of Piraeus — Decision declaring the aid to be incompatible with the internal market — Right of defence — Duty to give reasons — Concept of State aid — Aid to facilitate the development of certain economic activities or of certain economic areas — Incentive effect of the aid — Necessity of the aid — Determination of the amount of aid
Case T-497/15 Oltis Group v Commission
Research and development — Framework Programme for Research and Innovation 2014-2020 (Horizon 2020) — Stimulation and coordination of EU research and innovation investments in the rail sector — Establishment of the Shift2Rail Joint Undertaking — Associate membership of the Shift2Rail Joint Undertaking — Call for expressions of interest — Rejection of candidature — Obligation to state reasons — Manifest error of assessment — Misuse of powers
Case T-114/16 Delfin Wellness v EUIPO – Laher (Infrared cabins and saunas)
Community design — Invalidity proceedings — Registered community designs representing infrared and sauna cabins — Earlier designs — Ground for invalidity — Lack of novelty — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Disclosure of the earlier designs before the date of priority — Article 7(1) and (2) of Regulation No 6/2002 — Right to be heard — Article 64(1) of Regulation No 6/2002
Case T-592/16 HQ v CPVO
Civil Service — Members of the temporary staff — Fixed-term contract — Decision not to renew — Manifest error of assessment — Duty of care — Principle of sound administration — Right to be heard — Psychological harassment — Misuse of powers — Liability
Case T-602/16 CJ v ECDC
Civil service — Members of the contract staff — Career evaluation report — Assessment exercise 2012 — Drawing up — Application for annulment of the decision closing appraisal report
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Judgment of the General Court (First Chamber) of 13 December 2017 ECLI:EU:T:2017:893 (Appeal: Case before the Court of Justice C-139/18 P) |
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Case T-692/16 CJ v ECDC
Civil service — Members of the contract staff — Fixed-term contract — Article 47(b) of the CEOS — Annulment of early termination decision — Article 266 TFEU — Compliance with a judgment of the Civil Service Tribunal — Adoption of new early termination decision — Retroactive effect
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Judgment of the General Court (First Chamber) of 13 December 2017 ECLI:EU:T:2017:894 (Appeal: Case before the Court of Justice C-170/18 P) |
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Case T-700/16 Laboratorios Ern v EUIPO – Ascendo Medienagentur (SLIMDYNAMICS)
EU trade mark — Opposition proceedings — Application for EU figurative mark SLIMDYNAMICS — Earlier national word mark DYNAMIN — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-703/16 RENV CJ v ECDC
Civil service — Members of the contract staff — Fixed-term contract — Early termination — Article 47(b)(ii) of the CEOS — Terms of notice — Liability — Non-material damage
Case T-4/17 Coedo Suárez v Council
Civil service — Civil servants — Automatic retirement — Application for recognition of the occupational origin of the invalidity — Classification of the claim — Reasonable period — Irregularity of the prior administrative procedure — Inadmissibility — Liability
Case T-460/14 AETMD v Council
Dumping — Prepared or preserved sweetcorn in kernels originating in Thailand — Partial interim review — Amendment of the definitive anti-dumping duty — Association representing EU producers — Infringement of procedural rights — Rights of the defence
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Judgment of the General Court (Eighth Chamber) of 14 December 2017 ECLI:EU:T:2017:916 (Appeal: Case before the Court of Justice C-144/18 P) |
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Case T-164/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Parliament
Public service contracts — Public procurement procedure — External provision of information technology services to the Parliament and other institutions and bodies of the EU — Ranking of a tenderer in the cascade procedure — Award criteria — Obligation to state reasons — Non-contractual liability
Case T-505/15 Hungary v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulations (EC) Nos 1782/2003, 1290/2005, 73/2009 and 1122/2009 — Expenditure incurred by Hungary — Conditionality — Control of Statutory Management Requirements — Control of good agricultural and environmental conditions — Lump-sum and specific corrections — Risk for the Funds
Case T-280/16 GeoClimaDesign v EUIPO – GEO (GEO)
EU trade mark — Invalidity proceedings — EU word mark GEO — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001)
Case T-577/16 Campo and Others v EEAS
Civil Service — Officials — Agents — Remuneration — EEAS staff posted to a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Montenegro from 15% to 10% — Plea of illegality
Case T-611/16 Trautmann v EEAS
Civil service — Officials — Remuneration — Family allowances — Education allowance — Article 15 of Annex X to the Staff Regulations — Conditions for grant — Article 3(1) of Annex VII to the Staff Regulations — Regular full-time attendance at an educational establishment which charges fees — Article 85 of the Staff Regulations — Recovery of sums overpaid — Obligation to state reasons — Right to be heard
Case T-792/16 N & C Franchise v EUIPO – Eschenbach Optik (OJO sunglasses)
EU trade mark — Opposition proceedings — Application for EU figurative mark OJO sunglasses — Earlier international word mark oio — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-828/16 Consejo Regulador "Torta del Casar" v EUIPO – Consejo Regulador "Queso de La Serena" (QUESO Y TORTA DE LA SERENA)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark QUESO Y TORTA DE LA SERENA — Protection of the designation of origin ‘Torta del Casar’ — Relative ground for refusal — Article 2(2), Article 3(1) and Article 13(1) of Regulation (EC) No 510/2006 — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001)
Case T-912/16 RRTec v EUIPO – Mobotec (RROFA)
European Union trade mark — Opposition proceedings — Application for EU figurative mark RROFA — Prior EU word mark ROFA — 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)
Case T-246/17 Lackmann Fleisch- und Feinkostfabrik v EUIPO (Национальный Продукт)
EU trade mark — Application for EU figurative mark Национальный Продукт — Disregard of the procedural requirements — Article 177(1)(d) and (e) of the Rules of Procedure — Manifest inadmissibility
Case T-475/17 Rogesa v Commission
Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Documents concerning an installation producing a mixture of pellets and sintered ore — Implied refusal of access — Express decision adopted before the action was brought — Application for an order that there is no need to adjudicate — Interest in bringing proceedings — Manifest inadmissibility
January 2018
Case T-747/15 EDF v Commission
State aid — Aid granted by the French authorities to EDF — Reclassification, as a capital contribution, of accounting provisions created free of tax for the renewal of the high-voltage transmission network — Decision declaring the aid to be incompatible with the internal market — Authority of res judicata — Private investor test
Language of the case: French
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Judgment of the General Court (Third Chamber) of 16 January 2018
ECLI:EU:T:2018:6 (Appeal: Case before the Court of Justice C-221/18 P) |
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Case T-273/16 Sun Media v EUIPO – Meta4 Spain (METAPORN)
EU trade mark — Opposition proceedings — Application for the EU word mark METAPORN — Earlier EU and national word marks META4 and figurative marks meta4 — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the services — Meaning of complementary services — Similarity of the signs — Likelihood of confusion
Language of the case: English
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Judgment of the General Court (Third Chamber) of 16 January 2018 (Extracts)
ECLI:EU:T:2018:2 |
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Case T-68/16 Deichmann v EUIPO – Munich (Representation of a cross on the side of a sports shoe)
EU trade mark — Revocation proceedings — Figurative mark representing a cross on the side of a sports shoe — Position mark — Genuine use of the mark — Articles 15(1) and 51(1)(a) of Regulation (EC) No 207/2009 (now Articles 18(1) and 58(1)(a) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 17 January 2018
ECLI:EU:T:2018:7 (Appeal: Case before the Court of Justice C-223/18 P) |
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Case T-76/15 Kenup Foundation and Others v EIT
Research and technological development — EIT — Horizon 2020 framework programme for research and innovation — Call for proposals for the designation of a Knowledge and Innovation Community — Rejection of the applicants’ tender — Regulation (EC) No 294/2008 — Regulation (EU) No 1290/2013 — Unlawful delegation of powers
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 18 January 2018 (Extracts)
ECLI:EU:T:2018:9 |
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Case T-639/16 P FV v Council
Appeal — Civil service — Officials — Appraisal — Career evaluation report — Appraisal year 2013 — Dismissal of the action at first instance — Composition of the Chamber which delivered the judgment at first instance — Procedure for the appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 23 January 2018
ECLI:EU:T:2018:22 |
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Case T-818/14 BSCA v Commission
State aid — Aid granted by Belgium in favour of BSCA — Decision declaring the aid in part compatible and in part incompatible with the internal market — Legally binding act — Limitation period — Economic nature of the ILS — Proportion of economic use of the installations — Incorrect numerical data — Request for adjustment — Determination of the present values — Obligation to state reasons — Distortions of competition — Legitimate expectations
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 25 January 2018
ECLI:EU:T:2018:33 |
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Case T-561/16 Galocha v Joint undertaking Fusion for Energy
Civil service — Contract staff — Selection procedure for the Fusion for Energy Joint Undertaking — Reserve lists — Irregularity of the selection procedure — Subsequent measures relating to third parties — Interest of third parties — Interests of the service
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 25 January 2018
ECLI:EU:T:2018:29 (Appeal: Case before the Court of Justice C-243/18 P) |
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Information (on unpublished decisions)
Case T-204/16 Sun Media v EUIPO – Meta4 Spain (METABOX)
EU trade mark — Opposition proceedings — Application for EU word mark METABOX — Earlier EU and national word marks META4 and earlier EU and national figurative marks meta4 — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs — Likelihood of confusion
Case T-398/16 Starbucks v EUIPO – Nersesyan (COFFEE ROCKS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark COFFEE ROCKS — Earlier EU figurative marks STARBUCKS COFFEE — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-630/16 Dehtochema Bitumat v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Recommendation 2003/361/EC — Notion of linked undertaking — Submission of a ‘Declaration of Wrong Enterprise Size’ — 50% reduction of the amount of the applicable administrative charge — Authority of the ECHA — Cessation of production of the substance
Case T-231/17 SE v Council
Civil service — Officials — Remuneration — Family allowances — Article 2(2), third sentence, of Annex VII to the Staff Regulations — Concept of ‘dependent child’ — Concept of ‘child whom the official has a responsibility to maintain under a judicial decision based on Member States’ legislation on the protection of minors’ — Refusal to grant dependent child status to the granddaughter of the official
Case T-804/16 LG Electronics v EUIPO (Dual Edge)
European Union trade mark — Application for EU word mark Dual Edge — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU 2017/1001)
Case T-178/17 W&O medical esthetics v EUIPO – Fidia farmaceutici (HYALSTYLE)
EU trade mark — Invalidity proceedings — EU word mark HYALSTYLE — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Request for the hearing of witnesses — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-784/17 R Strabag Belgium v Parliament
Application for interim relief — Public works contracts — Application for interim measures — Standstill period — Abnormally low bid — Prima facie case — Urgency — Weighing of the competing interests
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Order of the President of the General Court of 18 January 2018 ECLI:EU:T:2018:17 (Appeal: Case before the Court of Justice C-229/18 P(R)) |
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Case T-759/16 Campailla v Court of Justice of the European Union
Action for damages — Law governing the institutions — Liability of the European Union — Decisions delivered by the General Court and by the Court of Justice — Action dismissed by the General Court as inadmissible — Appeal dismissed as inadmissible on the ground of lack of representation — Action manifestly inadmissible
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Order of the General Court (Third Chamber) of 23 January 2018 ECLI:EU:T:2018:26 (Appeal: Case before the Court of Justice C-256/18 P) |
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Case T-845/16 QG v Commission
Action for annulment — State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate applied in connection with corporate tax — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Manifest inadmissibility
Case T-846/16 QF v Commission
Action for annulment — State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate applied in connection with corporate tax — Decision declaring the aid to be incompatible with the internal market — No interest in bringing proceedings — Manifest inadmissibility
Case T-869/16 Wenger v EUIPO – Swissgear (SWISSGEAR)
EU trade mark — Invalidity proceedings — EU word mark SWISSGEAR — Absolute grounds for refusal — No distinctive character — Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) and Article 76 of Regulation No 207/2009 (now Article 59(1)(a) and Article 95 of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 23 January 2018 ECLI:EU:T:2018:23 (Appeal: Case before the Court of Justice C-162/18 P) |
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Case T-250/17 avanti v EUIPO (avanti)
EU trade mark — Application for the EU figurative mark avanti — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-812/17 R Seco Belgium and Vinçotte v Parliament
Interim measures — Public procurement — Application for suspension of operation of a measure — Withdrawal of the contested act — No need to adjudicate in part — Application for an injunction — No urgency
Case T-69/17 Constantin Film Produktion v EUIPO (Fack Ju Göhte)
EU trade mark — Application for the EU word mark Fack Ju Göhte — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 24 January 2018 ECLI:EU:T:2018:27 (Appeal: Case before the Court of Justice C-240/18 P) |
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Case T-91/16 Italy v Commission
ESF — Operational programme for objective No 1 for the Region of Sicily — Reduction of the financial assistance initially granted — Calculation by extrapolation — Proportionality — Article 39(2) and (3) of Regulation (EC) No 1260/1999 — Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 25 January 2018 ECLI:EU:T:2018:30 (Appeal: Case before the Court of Justice C-247/18 P) |
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Case T-367/16 Brunner v EUIPO – CBM (H HOLY HAFERL HAFERL SHOE COUTURE)
European Union trade mark — Opposition proceedings — Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE — Earlier EU trade mark HOLY — 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)
Case T-765/16 Grupo Ganaderos de Fuerteventura v EUIPO (EL TOFIO El sabor de CANARIAS)
EU trade mark — Application for the EU figurative mark EL TOFIO El sabor de CANARIAS — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-866/16 SilverTours v EUIPO (billiger-mietwagen.de)
EU trade mark — Application for the EU word mark billiger-mietwagen.de — Absolute ground for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-172/16 Centro Clinico e Diagnostico G. B. Morgagni v Commission
State aid — Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy — Decision declaring the aid incompatible with the internal market and ordering its recovery — Action for annulment — Potential beneficiary as the holder of an acquired right — Direct and individual concern — Admissibility — Equal treatment — Legitimate expectations
Case T-113/16 Arctic Cat v EUIPO – Slazengers (Representation of a member of the cat family jumping to the right)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a member of the cat family jumping to the right — Earlier EU figurative mark representing a member of the cat family jumping to the left — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-625/16 Przedsiębiorstwo Energetyki Cieplnej v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Error in the declaration relating to the size of the undertaking — Decision imposing an administrative charge — Cessation of production of the substance — Criteria for calculation of the administrative charge — Recommendation 2003/361/EC — Legal certainty — Legitimate expectations — Proportionality — Equal treatment
Case T-808/16 Jean Patou Worldwide v EUIPO – Emboga (HISPANITAS JOY IS A CHOICE)
EU trade mark — Opposition proceedings — Application for EU figurative mark HISPANITAS JOY IS A CHOICE — Earlier EU word mark JOY — Genuine use of the earlier mark — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-196/15 P Gyarmathy v FRA
Appeal — Civil service — Members of the temporary staff — Recruitment — Notice of vacancy — Rejection of an application — Selection procedure — Distortion of the clear sense of the evidence — Duty to provide reasons — Rule of correspondence between the application and the complaint — Impartiality of the Civil Service Tribunal
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Judgment of the General Court (Appeal Chamber) of 31 January 2018 ECLI:EU:T:2018:47 |
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Case T-44/16 Novartis v EUIPO – SK Chemicals (Representation of a transdermal patch)
EU trade mark — Invalidity proceedings — Figurative EU trade mark representing a transdermal patch — Absolute ground for refusal — Sign consisting exclusively of the shape of the product necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
Case T-35/17 Weber-Stephen Products v EUIPO (iGrill)
EU trade mark — International registration designating the European Union — Word mark iGrill — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
February 2018
Case T-423/14 Larko v Commission
State aid — Aid implemented by Greece — Decision declaring the aid incompatible with the internal market — Concept of State aid — Advantage — Private investor test — Amount of aid to be recovered — Commission Notice on State aid in the form of guarantees
Language of the case: Greek
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Judgment of the General Court (Sixth Chamber) of 1 February 2018
ECLI:EU:T:2018:57 (Appeal: Case before the Court of Justice C-244/18 P) |
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Case T-518/15 France v Commission
EAGF and EAFRD — Expenditure excluded from financing — Metropolitan France’s rural development programme — Rural development support measures — Areas with natural handicaps — Flat-rate financial correction — Expenditure incurred by France — On-the-spot checks — Stocking criterion — Counting of animals — Increase in the flat-rate correction due to the recurrence of the failure to fulfil obligations — Procedural safeguards
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 1 February 2018
ECLI:EU:T:2018:54 |
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Case T-105/16 Philip Morris Brands v EUIPO – Explosal (Superior Quality Cigarettes FILTER CIGARETTES Raquel)
EU trade mark — Invalidity proceedings — EU figurative mark Superior Quality Cigarettes FILTER CIGARETTES Raquel — Earlier international figurative mark Marlboro — Relative ground for refusal — Reputation — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 50(1) of Regulation (EC) No 2868/95
Language of the case: English
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Judgment of the General Court (Third Chamber) of 1 February 2018
ECLI:EU:T:2018:51 |
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Case T-265/17 ExpressVPN v EUIPO (EXPRESSVPN)
EU trade mark — International registration designating the European Union — Figurative mark EXPRESSVPN — Absolute ground for refusal — Application for alteration — Single head of claim — Inadmissibility
Language of the case: English
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Order of the General Court (Ninth Chamber) of 1 February 2018
ECLI:EU:T:2018:79 |
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Case T-235/15 Pari Pharma v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Vantobra — Decision to grant a third party access to the documents — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 5 February 2018
ECLI:EU:T:2018:65 |
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Case T-611/15 Edeka-Handelsgesellschaft Hessenring v Commission
Access to documents — Regulation (EC) No 1049/2001 — Table of contents of the Commission file relating to a proceeding under Article 101 TFEU — Refusal to grant access — Obligation to state reasons — Obligation to provide information on legal remedies — Exception relating to the protection of the purpose of investigations — General presumption of confidentiality
Language of the case: German
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Judgment of the General Court (Second Chamber) of 5 February 2018
ECLI:EU:T:2018:63 |
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Case T-718/15 PTC Therapeutics International v EMA
Access to documents — Regulation (EC) No 1049/2001 — Document held by the EMA and submitted in the context of the application for marketing authorisation for the medicinal product Translarna — Decision to grant a third party access to the document — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
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Rectification order of 27 April 2018
ECLI:EU:T:2018:257 |
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Judgment of the General Court (Second Chamber) of 5 February 2018
ECLI:EU:T:2018:66 (Appeal: Case before the Court of Justice C-175/18 P) |
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Case T-729/15 MSD Animal Health Innovation and Intervet international v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted in the context of the application for marketing authorisation for the veterinary medicinal product Bravecto — Decision to grant a third party access to the documents — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Language of the case: English
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Judgment of the General Court (Second Chamber) of 5 February 2018
ECLI:EU:T:2018:67 (Appeal: Case before the Court of Justice C-178/18 P) |
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Case T-208/16 Ranocchia v ERCEA
Research and technological development — Calls for proposals and related activities under the ERC Work Programme 2015 — Framework Programme for Research and Innovation (2014-2020) — Horizon 2020 — Decision of the ERCEA declaring ineligible the proposal submitted by the applicant — Project concerning the identification of mathematical algorithms facilitating the reading and analysis of certain ancient manuscripts — Misuse of powers — Error of fact — Error of law — Manifest error of assessment
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 5 February 2018
ECLI:EU:T:2018:68 |
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Case T-851/16 Access Info Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — EU-Turkey statements of 8 and 18 March 2016 — Implementation by the European Union or by the Member States of the measures concerned — Documents drawn up or received by the legal service of an institution — Legal advice — Analyses of the legality of the measures provided for in connection with the implementation of the EU-Turkey statement of 8 March 2016 — Refusal to grant access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in respect of international relations — Second indent of Article 4(2) of Regulation No 1049/2001 — Exception relating to the protection of court proceedings — Exception relating to the protection of legal advice
Language of the case: English
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Judgment of the General Court (First Chamber) of 7 February 2018
ECLI:EU:T:2018:69 |
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Case T-852/16 Access Info Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — EU-Turkey statements of 8 and 18 March 2016 — Implementation by the European Union or by the Member States of the measures concerned — Documents drawn up or received by the legal service of an institution — Legal advice — Analyses of the legality of the measures provided for in connection with the implementation of the EU-Turkey statement of 18 March 2016 — Refusal to grant access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in respect of international relations — Second indent of Article 4(2) of Regulation No 1049/2001 — Exception relating to the protection of court proceedings — Exception relating to the protection of legal advice
Language of the case: English
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Judgment of the General Court (First Chamber) of 7 February 2018
ECLI:EU:T:2018:71 |
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Case T-450/09 DEP Simba Toys v EUIPO
EU trade mark — Procedure — Taxation of costs — Lack of jurisdiction of the General Court — Referral of the action to the Court of Justice
Language of the case: English
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Order of the General Court (Eighth Chamber) of 8 February 2018
ECLI:EU:T:2018:81 |
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Case T-879/16 Sony Interactive Entertainment Europe v EUIPO – Marpefa (Vieta)
EU trade mark — Revocation proceedings — EU figurative mark Vieta — Genuine use of the trade mark — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 8 February 2018
ECLI:EU:T:2018:77 |
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Case T-731/15 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Factual basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 21 February 2018 (Extracts)
ECLI:EU:T:2018:90 |
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Case T-727/16 Repower v EUIPO – repowermap.org (REPOWER)
EU trade mark — Decision of a Board of Appeal revoking an earlier decision — Article 80 of Regulation (EC) No 207/2009 (now Article 103 of Regulation (EU) 2017/1001) — General principle of law permitting the withdrawal of an unlawful administrative act
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 21 February 2018
ECLI:EU:T:2018:88 (Appeal: Case before the Court of Justice C-281/18 P) |
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Case T-445/16 Schniga v CPVO (Gala Schnico)
Plant variety rights — Application for Community plant variety rights for the plant variety Gala Schnico — Technical examination — Obligation to state reasons — First sentence of Article 75 of Regulation (EC) No 2100/94 — Uniformity — Article 8 of Regulation No 2100/94 — Complementary examination — Article 57(3) of Regulation No 2100/94 — Equal treatment — Examination of the facts by the CPVO of its own motion — Article 76 of Regulation No 2100/94
Language of the case: German
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Judgment of the General Court (Seventh Chamber) of 23 February 2018 (Extracts)
ECLI:EU:T:2018:95 (Appeal: Case before the Court of Justice C-308/18 P) |
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Case T-166/15 Gramberg v EUIPO – Mahdavi Sabet (Case for a mobile phone)
Community design — Invalidity proceedings — Registered Community design representing a case for a mobile telephone — Disclosure of the design — Article 7(1) of Regulation (EC) No 6/2002 — Evidence submitted for the first time before the General Court
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 27 February 2018
ECLI:EU:T:2018:100 |
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Case T-307/16 CEE Bankwatch Network v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision on granting a Euratom loan in support of the Ukraine safety upgrade program of nuclear power units — Partial refusal of access — Exception concerning the protection of the public interest in the field of international relations — Exception concerning the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Application to documents relating to decisions taken under the EAEC Treaty
Language of the case: English
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Judgment of the General Court (First Chamber) of 27 February 2018
ECLI:EU:T:2018:97 |
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Case T-292/15 Vakakis kai Synergates v Commission
Non-contractual liability — Public supply contracts — Tender procedure — Admissibility — Misuse of procedure — Conflict of interests — Duty of diligence — Loss of opportunity
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 28 February 2018
ECLI:EU:T:2018:103 |
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Information (on unpublished decisions)
Case T-412/14 Larko v Commission
Action for annulment — State aid — Sale of certain assets operated by an undertaking or belonging to that undertaking in the context of a privatisation programme — No economic continuity — Action by the beneficiary of the aid — No interest in bringing proceedings — Inadmissibility
Case T-477/15 European Dynamics Luxembourg and Others v ECHA
Public supply contracts — Tender procedure — Provisions of information technology (IT) services for the applications of the ECHA — Rejection of an offer by a tenderer — Award criteria — Obligation to state reasons — Manifest errors of assessment — Non-contractual liability
Case T-506/15 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — Flat-rate financial corrections — Area-related aid scheme — Concept of permanent pasture — Conditions for imposing a flat-rate correction of 25% — Communication under Article 11(1) of Regulation (EC) No 885/2006 — Article 31(2) of Regulation (EC) No 1122/2009 — Cross-compliance — Monitoring of statutory management requirements — Monitoring of good agricultural and environmental conditions — Duty to state reasons — Deduction of a correction annulled by a judgment of the General Court
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Judgment of the General Court (Third Chamber) of 1 February 2018 ECLI:EU:T:2018:53 (Appeal: Case before the Court of Justice C-252/18 P) |
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Case T-457/16 Aldi Einkauf v EUIPO – Schwamm & Cie. (Le Coq de France)
European Union trade mark — Opposition proceedings — Application for the European Union word mark Le Coq de France — Earlier national figurative mark le coq — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EC) 2017/1001)
Case T-919/16 Collins v Parliament
Privileges and immunities — Member of the European Parliament — Decision not to defend the privileges and immunities — Action manifestly inadmissible — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
Case T-102/17 Cantina e oleificio sociale di San Marzano v EUIPO – Miguel Torres (SANTORO)
EU trade mark — Opposition proceedings — EU figurative mark SANTORO — Earlier EU word mark SANGRE DE TORO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-216/15 Dôvera zdravotná poistʼovňa v Commission
State aid — Health insurance bodies — Capital increase, debt repayment, subsidies and Risk Equalisation Scheme — Decision finding no State aid — Concept of State aid — Concept of undertaking and economic activity — Principle of solidarity — State supervision — Activity that is economic in nature — Competition on quality — Presence of operators seeking to make a profit — Pursuit, use and distribution of profits — Error of law — Error of assessment
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Judgment of the General Court (Second Chamber) of 5 February 2018 ECLI:EU:T:2018:64 (Appeal: Case before the Court of Justice C-271/18 P) (Appeal: Case before the Court of Justice C-262/18 P) |
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Case T-436/16 AEIM and Kazenas v Commission
Action for damages — Limitation — No proof of loss — Action manifestly bound to fail
Case T-775/16 Kondyterska korporatsiia "Roshen" v EUIPO – Krasnyiy oktyabr (Representation of a crayfish)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a crayfish — Earlier international registration of the figurative mark РАКОВЫЕ ШЕЙКИ — 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)
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Judgment of the General Court (Third Chamber) of 7 February 2018 ECLI:EU:T:2018:74 (Appeal: Case before the Court of Justice C-246/18 P) |
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Case T-793/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (Display box for cornets)
Community design — Invalidity proceedings — Registered Community design representing a display box for cornets — Earlier international registration designating Bulgaria — Ground for invalidity — Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002 — Duty of diligence — Article 63(1) of Regulation No 6/2002
Case T-794/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (Packaging for ice-cream cornets)
Community design — Invalidity proceedings — Registered Community design representing an ice cream cornet — Earlier international registration designating Bulgaria — Ground for invalidity — Use in the subsequent design of a distinctive sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Obligation to state reasons — Article 62 of Regulation No 6/2002 — Duty of diligence — Article 63(1) of Regulation No 6/2002
Case T-795/16 Krasnyiy oktyabr v EUIPO – Kondyterska korporatsiia "Roshen" (CRABS)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CRABS — Earlier international registration of the figurative mark РАКОВЫЕ ШЕЙКИ — 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)
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Judgment of the General Court (Third Chamber) of 7 February 2018 ECLI:EU:T:2018:73 (Appeal: Case before the Court of Justice C-248/18 P) |
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Case T-74/16 POA v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an application for the registration of a name under Regulation (EU) No 1151/2012 — Documents originating from the Commission — Documents originating from a Member State — Article 4(5) of Regulation No 1049/2001 — Refusal to grant access — Obligation to state reasons — Exception relating to the protection of the decision-making process — Exception relating to the protection of court proceedings — Extent of review by the institution and the EU Courts of the Member State’s grounds for objection
Case T-118/17 Institute for Direct Democracy in Europe v Parliament
Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation for the financial year 2017 and providing for pre-financing at a rate of 33% of the maximum grant amount and the obligation to provide a pre-financing bank guarantee — Action for annulment — Challengeable act — Admissibility — Obligation of impartiality — Rights of the defence — Financial regulation — Rules of application of the Financial Regulation — Regulation (EC) No 2004/2003 — Proportionality
Case T-711/14 Arcofin and Others v Commission
Action for annulment — State aid — Aid implemented by Belgium in favour of the ARCO Group financial cooperatives — Guarantee scheme protecting the shares of natural persons who are individual members of those cooperatives — Decision declaring the aid incompatible with the internal market — Selective advantage — Measure liable to distort or threaten to distort competition and to affect trade between Member States — Measure intended to remedy a serious disturbance in the economy of a Member State — Legitimate expectations — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-260/15 R Iberdrola v Commission
Application for interim measures — State aid — Aid scheme provided for under Spanish tax legislation — Application for suspension of operation of a measure — No urgency
Case T-118/16 Deutsche Post v EUIPO – bpost (BEPOST)
EU trade mark — Opposition proceedings — Application for EU word mark BEPOST — Earlier EU figurative mark ePost and earlier national word mark POST — Non-registered mark or sign used in the course of trade POST — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No detriment to reputation and no dilution — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Evidence presented for the first time before the General Court
Case T-45/17 Kwang Yang Motor v EUIPO – Schmidt (CK1)
EU trade mark — Opposition proceedings — Application for EU word mark CK1 — Earlier EU figurative mark CK — 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)
Case T-179/17 Laboratoire Nuxe v EUIPO – Camille and Tariot (NYouX)
EU trade mark — Opposition proceedings — Application for EU figurative mark NYouX — Earlier national word mark NUXE — Obligation to state reasons — First sentence of Article 75 of Regulation (EC) No 207/2009 (now first sentence of Article 94(1) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-210/17 International Gaming Projects v EUIPO – Zitro IP (TRIPLE TURBO)
EU trade mark — Opposition proceedings — Application for EU figurative mark TRIPLE TURBO — Earlier EU figurative mark TURBO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-222/16 Hansen Medical v EUIPO – Covidien (MAGELLAN)
EU trade mark — Revocation proceedings — EU word mark MAGELLAN — Genuine use — Burden of proof — Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) — Procedural irregularity committed by the Cancellation Division — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Oral proceedings — Article 77 of Regulation No 207/2009 (now Article 96 of Regulation 2017/1001)
Case T-338/16 P Zink v Commission
Appeal — Civil service — Officials — Remuneration — Expatriation allowance — No payment of the allowance for a number of years following an administrative error — Article 90(1) of the Staff Regulations — Reasonable period of time
Case T-263/17 SD v EIGE
Civil service — Members of the temporary staff — Fixed-term contracts — Decision not to renew — Request for renewal having the same purpose as a complaint within the meaning of Article 90(2) of the Staff Regulations — Inadmissibility
Case T-764/16 Paulini v ECB
Civil service — ECB staff — Remuneration — Annual salary and bonus review — Lawfulness of the guidelines — Calculation method — Taking into account of sickness leave — Taking into account of activities of a staff representative — Principle of non-discrimination
Case T-843/16 dm-drogerie markt v EUIPO – Digital Print Group O. Schimek (Foto Paradies)
EU trade mark — Invalidity proceedings — EU word mark Foto Paradies — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
March 2018
Case T-402/15 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 41(1) of Regulation (EC) No 1083/2006 — Evaluation of the contribution of a major project to the achievement of the objectives of the operational programme — Article 41(2) of Regulation (EC) No 1083/2006 — Time limit exceeded
Language of the case: Polish
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Judgment of the General Court (Seventh Chamber) of 1 March 2018 (Extracts)
ECLI:EU:T:2018:107 |
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Case T-629/16 Shoe Branding Europe v EUIPO – adidas (Position of two parallel stripes on a shoe)
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of two parallel stripes on a shoe — Earlier EU figurative mark representing three parallel stripes on a shoe — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 1 March 2018
ECLI:EU:T:2018:108 |
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Case T-855/16 Fertisac v ECHA
REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Verification by the ECHA of the declaration relating to the size of the enterprise — Decision imposing an administrative charge — Recommendation 2003/361/EC — Exceeding of financial ceilings — Concept of ‘linked enterprise’
Language of the case: Spanish
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Judgment of the General Court (First Chamber) of 7 March 2018
ECLI:EU:T:2018:118 |
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Case T-824/16 Kiosked v EUIPO – VRT (K)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark K — Earlier Benelux figurative mark K — 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)
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 13 March 2018
ECLI:EU:T:2018:133 |
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Joined Cases T-533/15 and T-264/16 Kim and Others v Council and Commission
Common foreign and security policy — Restrictive measures against North Korea with the aim of preventing nuclear proliferation — List of persons and entities to which the freezing of funds and economic resources applies — Inclusion of the applicants’ names — Proof that inclusion on the list is well founded — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Third Chamber) of 14 March 2018
ECLI:EU:T:2018:138 |
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Case T-33/16 TestBioTech v Commission
Environment — Genetically modified products — Regulation (EC) No 1367/2006 — Regulation (EC) No 1829/2003 — Genetically modified soybeans MON 87769, MON 87705 and 305423 — Rejection of an application for internal review of market authorisation decisions — Concept of ‘environmental law’ — Article 10 of Regulation No 1367/2006
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 14 March 2018
ECLI:EU:T:2018:135 |
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Case T-108/16 Naviera Armas v Commission
State aid — Conditions of use of the Puerto Las Nieves port infrastructure by a shipping company — Exclusive use of infrastructures financed by public funds, without a concession contract — Partial exoneration of payment of port dues — Complaint lodged by a competitor — Decision finding no State aid at the end of the preliminary investigation procedure — Serious difficulties in the examination of the measures concerned — Developments in the situation during the administrative procedure — Concept of advantage granted by means of State resources — Errors of assessment of the facts and errors of law — Decision of a national court suspending the effects of a tendering procedure — Requirement of diligent and impartial examination of the complaint
Language of the case: Spanish
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Judgment of the General Court (Ninth Chamber) of 15 March 2018
ECLI:EU:T:2018:145 (Appeal: Case before the Court of Justice C-319/18 P) |
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Case T-211/16 Caviro Distillerie and Others v Commission
Dumping — Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co., Ltd — Implementing Decision (EU) 2016/176 — Non-imposition of a definitive anti-dumping duty — Article 3(2), (3) and (5) and Article 17(1) and (2) of Regulation (EC) No 1225/2009 — Sampling — No material injury — Manifest error of assessment — Determination of injury — Profitability of the Union industry
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 March 2018
ECLI:EU:T:2018:148 (Appeal: Case before the Court of Justice C-345/18 P) |
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Case T-1/17 La Mafia Franchises v EUIPO – Italy (La Mafia SE SIENTA A LA MESA)
EU trade mark — Invalidity proceedings — EU figurative mark La Mafia SE SIENTA A LA MESA — Absolute ground for refusal — Whether contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 March 2018
ECLI:EU:T:2018:146 |
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Case T-540/15 De Capitani v Parliament
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an ongoing legislative procedure — Trilogues — Four-column tables relating to the Proposal for a Regulation of the European Parliament and of the Council on Europol and repealing Decisions 2009/371/JAI and 2005/681/JAI — Partial refusal of access — Action for annulment — Interest in bringing proceedings — Admissibility — First subparagraph of Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — No general presumption that access should be refused to four-column tables drawn up for the purposes of trilogues
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 22 March 2018
ECLI:EU:T:2018:167 |
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Case T-581/16 Popotas v European Ombudsman
Civil service — Officials — Call for expression of interest — Secretary-General in the European Ombudsman’s Office — Opinion of the Advisory Committee — Failure to take that opinion into consideration — Breach of the selection procedure — Manifest errors of assessment — Equal treatment — Principle of good administration — Liability
Language of the case: Greek
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Judgment of the General Court (Eighth Chamber) of 22 March 2018
ECLI:EU:T:2018:169 |
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Information (on unpublished decisions)
Case T-316/15 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 40(g) of Regulation (EC) No 1083/2006 — Justification for the public contribution — Article 41(2) of Regulation No 1083/2006 — Time-limit not respected
Case T-85/16 Shoe Branding Europe v EUIPO – adidas (Position of two parallel stripes on a shoe)
EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of two parallel stripes on a shoe — Earlier EU figurative mark representing three parallel stripes on a shoe — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-438/16 Altunis v EUIPO – Hotel Cipriani (CIPRIANI)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CIPRIANI — Earlier EU word mark HOTEL CIPRIANI — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-124/17 Estamede v ECB
Non-contractual liability — Economic and Monetary Policy — ECB — Restructuring of Greek Government debt — Involvement of a Greek public law body managing a pension fund for engineers and contractors carrying out public works — Absence of interest or assignment of the right to compensation — Disregard of the procedural requirements — Manifest inadmissibility
Case T-140/16 Le Pen v Parliament
Rules governing the payment of expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Authority of the Secretary-General — Burden of proof — Obligation to state reasons — Misuse of powers — Error of fact — Equal treatment
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Judgment of the General Court (Sixth Chamber) of 7 March 2018 ECLI:EU:T:2018:122 (Appeal: Case before the Court of Justice C-303/18 P) |
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Case T-624/16 Gollnisch v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Legitimate expectations — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 7 March 2018 ECLI:EU:T:2018:121 (Appeal: Case before the Court of Justice C-330/18 P) |
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Case T-6/17 Equivalenza Manufactory v EUIPO – ITM Entreprises (BLACK LABEL BY EQUIVALENZA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA — Earlier international figurative mark LABELL — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b), of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 7 March 2018 ECLI:EU:T:2018:119 (Appeal: Case before the Court of Justice C-328/18 P) |
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Case T-230/17 Rstudio v EUIPO – Embarcadero Technologies (RSTUDIO)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark RSTUDIO — Earlier EU word mark ER/STUDIO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001
Cases T-45/13 RENV and T-587/15 Rose Vision v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement concerning the FIRST, FutureNEM, sISI, 4NEM and SFERA projects — Deadline for providing the final financial audit report — Financial audits finding anomalies in the implementation of the projects — Suspension of payments — Confidentiality of financial audits — Eligibility of the costs declared — Non-contractual liability — Repayment of the sums advanced — Harm caused by listing in the early warning system
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Judgment of the General Court (Seventh Chamber) of 8 March 2018 ECLI:EU:T:2018:124 (Appeal: Case before the Court of Justice C-346/18 P) |
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Case T-665/16 Cinkciarz.pl v EUIPO (€$)
EU trade mark — Application for EU figurative mark €$ — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 65 of Regulation No 207/2009 (now Article 72 of Regulation 2017/1001)
Case T-159/17 Claro Sol Cleaning v EUIPO – Solemo (Claro Sol Facility Services desde 1972)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Claro Sol Facility Services desde 1972 — Earlier national figurative mark SOL — 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)
Case T-462/16 Portugal v Commission
FEAGA — Expenditure excluded from financing — Area-related aid — Expenditure incurred by Portugal — Legitimate Expectations — Article 41(3) of Regulation (EC) No 73/2009 — Article 31(2) of Regulation (EC) No 1290/2005 — Proportionality
Case T-103/17 Recordati Orphan Drugs v EUIPO – Laboratorios Normon (NORMOSANG)
EU trade mark — Opposition proceedings — Application for EU word mark NORMOSANG — Earlier national word mark NORMON — 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) — Rule 19(2)(a)(ii) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430)
Case T-196/17 Naftogaz of Ukraine v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission Decision on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation — Lack of direct concern — Inadmissibility
Case T-542/11 RENV Alouminion tis Ellados v Commission
State aid — Electricity — Decision declaring the aid unlawful and incompatible with the internal market and ordering its recovery — Preferential electricity tariff granted by a contract entered into with the incumbent supplier — Termination of the contract by the incumbent supplier — Judicial suspension, by way of interim measures, of the effects of termination of the contract — Annulment of the Commission’s decision by the General Court — Judgment of the General Court set aside by the Court of Justice — Referral of the case back to the General Court — Scope of the action after being referred back — Classification of the order granting interim measures as constituting new aid — Competence of the Commission — Effective judicial protection — Classification of the preferential tariff as State aid — Advantage — Legitimate expectations — Rights of defence of the recipient — Obligation to recover — Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 13 March 2018 ECLI:EU:T:2018:132 (Appeal: Case before the Court of Justice C-332/18 P) |
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Case T-346/17 Hotelbeds Spain v EUIPO – Guidigo Europe (Guidego what to do next)
EU trade mark — Opposition proceedings — Application for EU figurative mark Guidego what to do next — Earlier EU word mark GUIDIGO — 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)
Case T-424/16 Gifi Diffusion v EUIPO – Crocs (Footwear)
Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Grounds for invalidity — Duty to state reasons — Article 62 of Regulation (EC) No 6/2002 — Ground raised by the Board of Appeal of its own motion — Powers of the Board of Appeal — Article 63(1) of Regulation No 6/2002
Case T-651/16 Crocs v EUIPO – Gifi Diffusion (Footwear)
Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Ground for invalidity — Lack of novelty — Disclosure prior to the priority date — Examination of the facts of the Office’s own motion — Additional evidence adduced before the Board of Appeal — Articles 5, 7 and Article 63(2) of Regulation (EC) No 6/2002
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Judgment of the General Court (Seventh Chamber) of 14 March 2018 ECLI:EU:T:2018:137 (Appeal: Case before the Court of Justice C-320/18 P) |
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Case T-507/15 Poland v Commission
EAGF — Expenditure excluded from financing — Regulation (EC) No 2200/96, Directive 2002/55/EC, Regulations (EC) No 1432/2003, (EC) No 1433/2003, (EC) No 1290/2005, (EC) No 885/2006, (EC) No 1182/2007, (EC) No 1234/2007, (EC) No 1580/2007 and (EU) No 1306/2013 — Expenditure effected by Poland — Risk to EAGF — On-the-spot checks — Recognition criteria of a producer organisation — Discrepancies between language versions — Financial correction
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Judgment of the General Court (Ninth Chamber) of 15 March 2018 ECLI:EU:T:2018:147 (Appeal: Case before the Court of Justice C-358/18 P) |
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Case T-130/17 Polskie Górnictwo Naftowe i Gazownictwo v Commission
Action for annulment — Internal market in natural gas — Directive 2009/73/EC — Commission decision amending the conditions for exemption from the EU requirements of the rules governing operation of the OPAL pipeline in regard to third-party access and tariff regulation — Lack of direct concern — Inadmissibility
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Order of the General Court (First Chamber) of 15 March 2018 ECLI:EU:T:2018:155 (Appeal: Case before the Court of Justice C-342/18 P) |
Case T-151/17 Marriott Worldwide v EUIPO – Graf (Representation of a winged bull)
EU trade mark — Invalidity proceedings — EU figurative mark representing a winged bull — Earlier EU and national figurative marks representing a griffin — Relative ground for refusal — Similarity of the signs — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) — Earlier copyright protected by national law — Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001) — Examination of the facts of the Office’s own motion — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001)
Case T-205/17 SSP Europe v EUIPO (SECURE DATA SPACE)
EU trade mark — Application for EU figurative mark SECURE DATA SPACE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-279/17 Hermann Bock v EUIPO (Push and Ready)
EU trade mark — Application for EU figurative mark Push and Ready — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-390/16 Grupo Osborne v EUIPO – Ostermann (DONTORO dog friendship)
EU trade mark — Opposition proceedings — Application for EU figurative mark DONTORO dog friendship — Relative ground for refusal — Likelihood of confusion — Complementarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-442/16 Šroubárna Ždánice v Council
Application for repayment of anti-dumping duties — Imports of certain iron or steel fasteners originating in China or consigned from Malaysia — Regulation (EC) No 91/2009 and Implementing Regulation (EU) No 723/2011 — Jurisdiction of the national court — Lack of jurisdiction of the General Court
Case T-734/16 Argyraki v Commission
Civil service — Officials — Pensions — Calculation of years — Taking into account periods of service completed as a member of the auxiliary staff — Conditions — Legal basis
Case T-134/17 R Hércules Club de Fútbol v Commission
Interim proceedings — Access to documents — Documents relating to the administrative procedure prior to the adoption of a Commission decision on State aid implemented by Spain in favour of three professional football clubs — Rights of the defence — Refusal of access — Application for provisional measures — Lack of urgency
Case T-272/17 Webgarden v EUIPO (Dating Bracelet)
EU trade mark — Application for EU figurative mark Dating Bracelet — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Previous EUIPO practice — Equal treatment — Legal certainty
Case T-361/17 Eco-Bat Technologies and Others v Commission
Action for annulment — Agreements, decisions and concerted practices — Market for car battery recycling — Decision correcting a decision finding an infringement of Article 101 TFEU and imposing fines — Period within which an action must be brought — Point from which time starts to run — Delay — Inadmissibility
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Order of the General Court (Eighth Chamber) of 21 March 2018 ECLI:EU:T:2018:173 (Appeal: Case before the Court of Justice C-312/18 P) |
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Case T-574/17 UD v Commission
Civil Service — Recipient of a survivor’s pension — Social security — Rejection of a request for prior authorisation with a view to obtaining reimbursement of certain medical expenses — New request — Purely confirmatory document — Time limit for bringing an action — Inadmissibility
Case T-80/16 Shire Pharmaceuticals Ireland v EMA
Medicinal products for human use — Validation of an application for designation as an orphan medicinal product — Significant benefit — EMA decision refusing to validate an application for designation as an orphan medicinal product — Article 3(1)(b) and Article 5(1), (2) and (4) of Regulation (EC) No 141/2000
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Judgment of the General Court (Seventh Chamber) of 22 March 2018 ECLI:EU:T:2018:165 (Appeal: Case before the Court of Justice C-359/18 P) |
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Case T-242/16 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Applicant’s name maintained on the list — Obligation to state reasons — Objection of illegality — Proportionality — Legal basis — Manifest error of assessment
Case T-579/16 HJ v EMA
Civil service — Temporary staff– Refusal to renew a fixed-term contract — First paragraph of Article 8 of the CEOS — Reclassification of a fixed-term contract as an indefinite contract — Manifest error of assessment — Duty to have regard for the welfare of staff — Duty to state reasons — Right to be heard — Appraisal report — Duty to state reasons — Manifest error of assessment
Case T-732/16 R Valencia Club de Fútbol v Commission
Interim proceedings — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for a stay of proceedings — Lack of urgency
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Order of the President of the General Court of 22 March 2018 ECLI:EU:T:2018:171 (Appeal: Case before the Court of Justice C-315/18 P(R)) |
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Case T-766/16 R Hércules Club de Fútbol v Commission
Interim proceedings — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for a stay of proceedings — Lack of urgency
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Order of the President of the General Court of 22 March 2018 ECLI:EU:T:2018:170 (Appeal: Case before the Court of Justice C-334/18 P(R)) |
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Case T-806/16 Agricola J.M. v EUIPO – Miguel Torres (CLOS DE LA TORRE)
EU trade mark — Opposition proceedings — Application for EU word mark CLOS DE LA TORRE — Earlier national word mark TORRES — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) –– Likelihood of confusion
Case T-60/17 Safe Skies v EUIPO – Travel Sentry (TSA LOCK)
EU trade mark — Invalidity proceedings — EU word mark TSA LOCK — Absolute grounds for refusal — Distinctive character — Lack of distinctive character — Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 22 March 2018 ECLI:EU:T:2018:164 (Appeal: Case before the Court of Justice C-326/18 P) |
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Case T-235/17 Dometic Sweden v EUIPO (MOBILE LIVING MADE EASY)
EU trade mark — Application for the EU word mark MOBILE LIVING MADE EASY — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
April 2018
Case T-271/10 RENV H v Council
Common foreign and security policy — National staff member seconded to EUPM in Bosnia and Herzegovina — Redeployment decision — Power of the Head of the EUPM to decide on the redeployment of a seconded national staff member — Duty to state reasons — Misuse of powers — Manifest error of assessment — Psychological harassment
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 11 April 2018 (Extracts)
ECLI:EU:T:2018:180 (Appeal: Case before the Court of Justice C-413/18 P) |
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Case T-763/16 PY v EUCAP Sahel Niger
Arbitration clause — Staff of EU international missions — Disputes concerning employment contracts — Internal investigation procedures — Protection of victims in cases where a claim of harassment has been made — Contractual liability
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 12 April 2018
ECLI:EU:T:2018:181 |
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Case T-119/17 Alba Aguilera and Others v EEAS
Civil service — Officials — Members of the temporary staff — Members of the contract staff — Remuneration — EEAS staff posted to a third country — Article 10 of Annex X to the Staff Regulations — Annual assessment of the allowance for living conditions — Decision reducing the allowance for living conditions in Ethiopia from 30% to 25% — Failure to adopt general implementing provisions giving effect to Article 10 of Annex X to the Staff Regulations — Liability — Non-material damage
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 13 April 2018
ECLI:EU:T:2018:183 (Appeal: Case before the Court of Justice C-427/18 P) |
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Case T-462/15 Asia Leader International (Cambodia) v Commission
Dumping — Imports of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EU) 2015/776 — Circumvention — Transhipment — Article 13(1) and (2) and Article 18(3) of Regulation (EC) No 1225/2009 (now Article 13(1) and (2) and Article 18(3) of Regulation (EU) 2016/1036)
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 19 April 2018 (Extracts)
ECLI:EU:T:2018:196 |
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Case T-561/14 One of Us and Others v Commission
Institutional law — European Citizens’ Initiative — Research policy — Public health — Development cooperation — EU financing of activities involving the destruction of human embryos — Commission communication pursuant to Article 10(1)(c) of Regulation (EU) No 211/2011 — Actions for annulment — Capacity to bring legal proceedings — Challengeable act — Partial inadmissibility — Judicial review — Obligation to state reasons — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 23 April 2018
ECLI:EU:T:2018:210 (Appeal: Case before the Court of Justice C-418/18 P) |
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Joined Cases T-133/16 to T-136/16 Caisse régionale de crédit agricole mutuel Alpes Provence and Others v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(e) and (3) of Regulation (EU) No 1024/2013 — Person effectively directing the business of a credit institution — Article 13(1) of Directive 2013/36/EU and the second paragraph of Article L. 511-13 of the French monetary and financial code — Prohibition on combining the role of chairman of the management body of a credit institution in its supervisory function with the role of chief executive officer of the same establishment — Article 88(1)(e) of Directive 2013/36 and Article L. 511-58 of the French monetary and financial code
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 24 April 2018
ECLI:EU:T:2018:219 |
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Joined Cases T-554/15 and T-555/15 Hungary v Commission
State aid — Aid granted under the Hungarian Law No XCIV of 2014 on the health contribution of tobacco companies — Aid resulting from a 2014 amendment to the Hungarian Food Chain Act 2008 and the official control thereof — Taxes with progressive annual turnover rates — Decision to open the procedure provided for in Article 108(2) TFEU — Simultaneous adoption of a suspension injunction — Action for annulment — Severable nature of the suspension order — Interest in bringing proceedings — Admissibility — Obligation to state reasons — Proportionality — Equal treatment — Rights of the defence — Principle of loyal cooperation — Article 11(1) of Regulation (EC) No 659/1999
Language of the case: Hungarian
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Judgment of the General Court (Ninth Chamber) of 25 April 2018
ECLI:EU:T:2018:220 (Appeal: Case before the Court of Justice C-456/18 P) |
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Information (on unpublished decisions)
Case T-274/15 Alcogroup and Alcodis v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Markets in bioethanol and ethanol — Administrative procedure — Decision ordering an inspection — Commission’s powers of investigation — Professional privilege protecting communications between lawyers and their clients — Documents exchanged following a previous inspection — Commission’s refusal to suspend the infringement proceedings at issue — Measure not open to challenge — Inadmissibility
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Judgment of the General Court (Eighth Chamber) of 10 April 2018 ECLI:EU:T:2018:179 (Appeal: Case before the Court of Justice C-403/18 P) |
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Case T-813/16 ABES v Commission
Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility
Case T-386/17 Lackmann Fleisch- und Feinkostfabrik v EUIPO (Лидер)
EU trade mark — Application for EU figurative mark Лидер — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Cases T-339/15 to T-343/15 Polski Koncern Naftowy Orlen v EUIPO (Shape of a service station)
European Union trade mark — Application for EU three-dimensional marks — Shape of a petrol station — Absolute ground for refusal — Distinctiveness — Article 65(4) of Regulation (EC) No 207/2009 (now Article 72(4) of Regulation (EU) 2017/1001) — Acts having fully upheld the applicant’s claims — Binding nature of the grounds of an order for reference — Admissibility — Obligation to state reasons
Case T-648/16 Şölen Çikolata Gıda Sanayi ve Ticaret v EUIPO – Zaharieva (BOBO cornet)
European Union trade mark — Opposition proceedings — Application for EU figurative mark BOBO cornet — Prior EU figurative mark OZMO cornet — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-364/17 Bielawski v EUIPO (HOUSE OF CARS)
EU trade mark — Application for EU word mark HOUSE OF CARS — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Legitimate expectations — Legal certainty
Case T-666/17 NeoCell v EUIPO (BIOACTIVE NEOCELL COLLAGEN)
EU trade mark — Legal person governed by private law — No evidence of legal existence — Article 177(4) of the Rules of Procedure — Manifest inadmissibility
Case T-298/17 Iordăchescu v Parliament and Others
Action for annulment — Directive 2014/40/EU — Approximation of laws — Manufacture, presentation and sale of tobacco products and related products — Period allowed for commencing proceedings — Delay — Claim for damages — Application initiating proceedings — Disregard of the procedural requirements — Inadmissibility — Lack of jurisdiction
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Order of the General Court (Seventh Chamber) of 18 April 2018 ECLI:EU:T:2018:202 (Appeal: Case before the Court of Justice C-426/18 P) |
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Case T-354/15 Allergopharma v Commission
Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility
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Order of the General Court (Seventh Chamber) of 19 April 2018 ECLI:EU:T:2018:201 |
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Case T-25/17 Rintisch v EUIPO – Compagnie laitière européenne (PROTICURD)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark PROTICURD — Earlier national word marks PROTI and PROTIPLUS — Earlier national figurative mark Proti Power — Relative ground for refusal — Obligation to state reasons — Article 75 of Regulation (EC) No 207/2009 (now Article 94 of Regulation (EU) 2017/1001) — Genuine use of the earlier marks — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Goods not similar — No likelihood of confusion
Case T-439/16 holyGhost v EUIPO – CBM (holyGhost)
EU trade mark — Opposition proceedings — Application for EU word mark holyGhost — Earlier EU word mark HOLY — 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)
Case T-15/17 Mitrakos v EUIPO – Belasco Baquedano (YAMAS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark YAMAS — Earlier EU word mark LLAMA — 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)
Case T-43/15 CRM v Commission
Protected geographical indication — Piadina Romagnola or Piada Romagnola — Registration procedure — Allocation of powers as between the Commission and the national authorities — Link between the product’s reputation and its geographical origin — Article 5(2)(b) of Regulation (EC) No 1151/2012 — Scope of the Commission’s check of the application for registration — Article 7(1)(f)(ii), Article 8(1)(c)(ii) and Article 50(1) of Regulation No 1151/2012 — Effects on the procedure before the Commission of annulment of the specification by a national court — Obligation of the Commission to conduct inquiries — Principle of good administration — Effective judicial protection
Case T-675/15 Shanxi Taigang Stainless Steel v Commission
Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(7)(a) of Regulation (EC) No 1225/2009 (now Article 2(7)(a) of Regulation (EU) 2016/1036) — Normal value — Selection of the appropriate third country — Adjustments — Article 2(10)(k) of Regulation No 1225/2009 (now Article 2(10)(k) of Regulation 2016/1036) — Calculation of the dumping margin — Adjustments — Article 3(2), (6) and (7) of Regulation No 1225/2009 (now Article 3(2), (6) and (7) of Regulation 2016/1036) — Injury — Causal link
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Judgment of the General Court (Second Chamber) of 23 April 2018 ECLI:EU:T:2018:209 (Appeal: Case before the Court of Justice C-436/18 P) |
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Case T-468/16 Verein Deutsche Sprache v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Partial refusal of access — Declaration by the Commission that the documents do not exist — Presumption of lawfulness — Error of law — Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 23 April 2018 ECLI:EU:T:2018:207 (Appeal: Case before the Court of Justice C-440/18 P) |
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Case T-747/16 Vincenti v EUIPO
Civil service – Officials – Social security – Opinion of the Invalidity Committee – Discretion of appointing authority – Articles 53 et 78 of the Statute – Error of assessment – Obligation to state reasons
Case T-916/16 Winkler v Commission
Civil service — Officials — Transfer of national pension rights — Proposal concerning additional pensionable years — Measure not open to challenge — Act not having an adverse effect — Manifest inadmissibility
Case T-354/17 Genomic Health v EUIPO (ONCOTYPE DX GENOMIC PROSTATE SCORE)
EU trade mark — Application for EU word mark ONCOTYPE DX GENOMIC PROSTATE SCORE — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Equal treatment
Case T-831/16 Kabushiki Kaisha Zoom v EUIPO – Leedsworld (ZOOM)
EU trade mark — Opposition proceedings — Application for EU word mark ZOOM — Earlier EU figurative and word marks ZOOM — Relative ground for refusal — Likelihood of confusion — Similarity of goods — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-183/17 Menta y Limón Decoración v EUIPO – Ayuntamiento de Santa Cruz de La Palma (Representation of a man in regional costume)
EU trade mark — Invalidity proceedings — EU figurative mark representing a man in regional costume — Earlier national industrial designs — Relative ground for refusal — Article 53(2)(d) of Regulation (EC) No 207/2009 (now Article 60(2)(d) of Regulation (EU) 2017/1001) — Use of the EU trade mark prohibited under national law — Application of national law by EUIPO
Case T-207/17 Senetic v EUIPO – HP Hewlett Packard Group (hp)
EU trade mark — Invalidity proceedings — EU figurative mark hp — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(1)(a) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 April 2018 ECLI:EU:T:2018:215 (Appeal: Case before the Court of Justice C-408/18 P) |
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Case T-208/17 Senetic v EUIPO – HP Hewlett Packard Group (HP)
EU trade mark — Invalidity proceedings — EU word mark HP — Absolute grounds for refusal — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(1)(a) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 April 2018 ECLI:EU:T:2018:216 (Appeal: Case before the Court of Justice C-409/18 P) |
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Case T-221/17 Mémora Servicios Funerarios v EUIPO – Chatenoud (MEMORAME)
EU trade mark — Opposition proceedings — Application for EU word mark MEMORAME — Earlier EU figurative mark mémora and earlier national word marks MÉMORA — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-297/17 VSM v EUIPO (WE KNOW ABRASIVES)
European Union trade mark — Application for EU word mark WE KNOW ABRASIVES — Mark consisting of an advertising slogan — Competence of the Board of Appeal in appeals limited to part of the services covered by the application for registration — Article 64(1) of Regulation (EC) No 207/2009 (now Article 71(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-248/16 Walfood v EUIPO – Romanov Holding (CHATKA)
EU trade mark — Invalidity proceedings –– EU figurative mark CHATKA — Earlier international figurative mark CHATKA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 57(2) and (3) of Regulation No 207/2009 (now Article 64(2) and (3) of Regulation 2017/1001)
Case T-312/16 Walfood v EUIPO – Romanov Holding (CHATKA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHATKA — Earlier international figurative mark CHATKA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-426/16 Perfumes y Aromas Artesanales v EUIPO – Aromas Selective (Aa AROMAS artesanales)
EU trade mark — Opposition proceedings — Application for EU figurative mark Aa AROMAS artesanales — Earlier EU figurative mark Aromas PERFUMARIA Beleza em todos os sentidos — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the services — Similarity of the signs — Relevant public — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-756/16 Euro Castor Green v EUIPO – Netlon France (Concealed trellis)
Community design — Invalidity proceedings — Registered Community design representing a trellis — Earlier Community design — Ground for invalidity — Disclosure of earlier design — Lack of novelty — No individual character — Articles 5, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-213/17 Romantik Hotels & Restaurants v EUIPO – Hotel Preidlhof (ROMANTIK)
EU trade mark — Invalidity proceedings — EU word mark ROMANTIK — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (3) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fourth Chamber) of 25 April 2018 ECLI:EU:T:2018:225 (Appeal: Case before the Court of Justice C-411/18 P) |
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Case T-554/14 Messi Cuccittini v EUIPO – J-M.-E.V. e hijos (MESSI)
EU trade mark — Opposition proceedings — Application for EU figurative mark MESSI - Earlier EU word marks MASSI - 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) 2017/1011)
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Judgment of the General Court (Sixth Chamber) of 26 April 2018 ECLI:EU:T:2018:230 (Appeal: Case before the Court of Justice C-449/18 P) (Appeal: Case before the Court of Justice C-474/18 P) |
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Case T-251/15 Espírito Santo Financial (Portugal) v ECB
Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Implied refusal to grant access — Express refusal to grant access — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to opinions intended for internal use — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 26 April 2018 ECLI:EU:T:2018:234 (Appeal: Case before the Court of Justice C-442/18 P) |
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Case T-752/15 European Dynamics Luxembourg and Evropaïki Dynamiki v Commission
Public service contracts — Tender procedure — Support and consulting services for technical informatics staff IV (STIS IV) — Rejection of the tender of a tenderer — Obligation to state reasons — Abnormally low tender — Award criteria — Manifest errors of assessment — Non-contractual liability
Case T-190/16 Azarov v Council
Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Rights of the defence — Principle of good administration — Misuse of power — Right to property — Freedom to conduct a business — Manifest error of assessment
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Judgment of the General Court (Sixth Chamber) of 26 April 2018 ECLI:EU:T:2018:232 (Appeal: Case before the Court of Justice C-416/18 P) |
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Case T-288/16 Convivo v EUIPO – Porcesadora Nacional de Alimentos (M'Cooky)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark M’Cooky — Earlier national figurative mark MR.COOK — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
Case T-220/17 Pfalzmarkt für Obst und Gemüse v EUIPO (100% Pfalz)
European Union trade mark — Application for EU figurative mark 100% Pfalz — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
May 2018
Case T-431/12 Distillerie Bonollo and Others v Council
Dumping — Imports of tartaric acid originating in China — Modification of the definitive anti-dumping duty — Partial interim review — Action for annulment — Direct and individual concern — Admissibility — Determination of the normal value — Constructed normal value — Change in methodology — Individual treatment — Article 2(7)(a) and Article 11(9) of Regulation (EC) No 1225/2009 (now Article 2(7)(a) and Article 11(9) of Regulation (EU) 2016/1036) — Temporal adjustment of effects of annulment
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 3 May 2018
ECLI:EU:T:2018:251 (Appeal: Case before the Court of Justice C-461/18 P) |
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Case T-48/16 Sigma Orionis v Commission
Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) and ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments and termination of grant contracts following a financial audit — Action seeking to obtain payment of the amounts owed by the Commission in the context of the implementation of the grant contracts — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber) of 3 May 2018
ECLI:EU:T:2018:245 |
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Case T-653/16 Malta v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the Commission — Documents originating from a Member State — Documents exchanged pursuant to the control system for ensuring compliance with the rules of the common fisheries policy — Article 113 of Regulation (EC) No 1224/2009 — Public access following a request made by a non-governmental organisation — Action for annulment — Admissibility — Obligation to state reasons — Sincere cooperation — Choice of legal basis
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 3 May 2018
ECLI:EU:T:2018:241 |
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Joined Cases T-193/17 to T-195/17 CeramTec v EUIPO – C5 Medical Werks (Shape of a part of a prosthetic hip and Others)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a part of a prosthetic hip — Figurative EU trade mark representing a part of a prosthetic hip — EU trade mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Inadmissibility of action before the Board of Appeal — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 3 May 2018
ECLI:EU:T:2018:248 (Appeal: Case before the Court of Justice C-463/18 P) |
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Case T-283/15 Esso Raffinage v ECHA
REACH — Dossier evaluation — Compliance check of registrations — Check of information submitted and follow-up to dossier evaluation — Statement of non-compliance — Jurisdiction of the General Court — Actions for annulment — Challengeable act — Direct and individual concern — Admissibility — Legal basis — Articles 41, 42 and 126 of Regulation (EC) No 1907/2006
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 8 May 2018
ECLI:EU:T:2018:263 (Appeal: Case before the Court of Justice C-471/18 P) |
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Case T-712/16 Deutsche Lufthansa v Commission
Competition –– Concentrations — Air transport market — Decision declaring a concentration compatible with the internal market subject to certain commitments — Request for a waiver of part of the obligations forming the subject matter of the commitments — Proportionality –– Legitimate expectations –– Principle of good administration –– Misuse of powers
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 16 May 2018
ECLI:EU:T:2018:269 |
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Cases T-429/13 and T-451/13 Bayer CropScience and Others v Commission
Plant protection products — Active substances clothianidin, thiamethoxam and imidacloprid — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Prohibition of the use and sale of seeds treated with plant protection products containing the active substances in question — Article 49(2) of Regulation No 1107/2009 — Precautionary principle — Proportionality — Right to be heard — Non-contractual liability
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 17 May 2018
ECLI:EU:T:2018:280 (Appeal: Case before the Court of Justice C-499/18 P) |
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Case T-584/13 BASF Agro and Others v Commission
Plant protection products — Active substance fipronil — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Prohibition of the use and sale of seeds treated with plant protection products containing the active substance in question — Article 49(2) of Regulation No 1107/2009 — Precautionary principle — Impact assessment
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 17 May 2018
ECLI:EU:T:2018:279 |
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Case T-701/16 P Commission v AV
Appeal — Civil service — Temporary staff — Recruitment — Medical examination — Incomplete declarations at the medical examination — Retroactive application of medical cover deferment — Not eligible for the invalidity allowance — Enforcement of a judgment of the Civil Service Tribunal setting aside the initial decision
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 17 May 2018
ECLI:EU:T:2018:276 |
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Case T-760/16 Basil v EUIPO – Artex (Baskets adapted for cycles)
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 17 May 2018
ECLI:EU:T:2018:277 |
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Case T-419/17 Mendes v EUIPO – Actial Farmaceutica (VSL#3)
EU trade mark — Revocation proceedings — EU word mark VSL#3 — Trade mark having become a common name in the trade for a product or service for which it is registered — Mark liable to mislead the public — Article 51(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 58(1)(b) and (c) of Regulation (EU) 2017/1001)
Language of the case: Italian
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Judgment of the General Court (Fifth Chamber) of 18 May 2018
ECLI:EU:T:2018:282 |
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Case T-577/15 Uribe-Etxebarría Jiménez v EUIPO – Núcleo de comunicaciones y control (SHERPA)
EU trade mark — Cancellation proceedings — EU word mark SHERPA — Earlier national word mark SHERPA — Declaration of partial invalidity — Subject matter of the proceedings before the Board of Appeal — Genuine use of the trade mark — Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(2)(a) of Regulation 2017/1001) — Relative ground for refusal — Likelihood of confusion — Article 8(1)(a) and (b) of Regulation No 207/2009 (now Article 8(1)(a) and (b) of Regulation 2017/1001)
Language of the case: Spanish
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Judgment of the General Court (First Chamber) of 29 May 2018
ECLI:EU:T:2018:305 (Appeal: Case before the Court of Justice C-534/18 P) |
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Case T-664/16 PJ v EUIPO – Erdmann & Rossi (Erdmann & Rossi)
EU trade mark — Representation by a lawyer who is not an independent third party with regard to the applicant — Replacement of a party to the proceedings — Transfer of the rights of the EU trade mark applicant — Representation by a lawyer who is not an independent third party with regard to the applicant for replacement — Inadmissibility
Language of the case: German
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Order of the General Court (Fourth Chamber) of 30 May 2018
ECLI:EU:T:2018:517 |
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Case T-461/16 Kaddour v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Misuse of powers — Principle of sound administration — Principle of the force of res judicata — Infringement of Article 266 TFEU — Manifest error of assessment — Fundamental rights — Proportionality — Principle of non-discrimination
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 31 May 2018
ECLI:EU:T:2018:316 |
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Case T-770/16 Korwin-Mikke v Parliament
Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Conduct adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law
Language of the case: French
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 31 May 2018
ECLI:EU:T:2018:320 |
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Case T-352/17 Korwin-Mikke v Parliament
Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Statement adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law
Language of the case: French
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 31 May 2018
ECLI:EU:T:2018:319 |
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Information (on unpublished decisions)
Case T-428/17 Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer)
EU trade mark — Application for EU figurative mark ALPINEWELTEN Die Bergführer — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-47/16 Sigma Orionis v REA
Arbitration clause — ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments under a grant agreement following a financial audit — Action seeking to obtain payment of the amounts owed by the REA in the context of the implementation of a grant agreement
Case T-168/16 Grizzly Tools 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 pressure washer — Commission decision declaring the measure justified — Obligation to state reasons — Equal treatment
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Judgment of the General Court (Third Chamber) of 3 May 2018 ECLI:EU:T:2018:246 |
Case T-574/16 HK v Commission
Civil service — Officials — Pensions — Pension for surviving spouse — Conditions for granting — Condition in respect of duration of marriage — Non-marital partnership — First paragraph of Article 17 of Annex VIII to the Staff Regulations
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Judgment of the General Court (Eighth Chamber) of 3 May 2018 ECLI:EU:T:2018:252 (Appeal: Case before the Court of Justice C-460/18 P) |
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Case T-662/16 Gall Pharma v EUIPO – Pfizer (Styriagra)
EU trade mark — Opposition proceedings — Application for EU word mark Styriagra — Earlier EU word mark VIAGRA — Taking unfair advantage of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-2/17 J-M.-E.V. e hijos v EUIPO – Masi (MASSI)
EU trade mark — Invalidity proceedings — Application for registration of the EU word mark MASSI — Earlier national word mark MASI — Article 56(3) of Regulation (EC) No 207/2009 (now Article 63(3) of Regulation (EU) 2017/1001) — Res judicata — Article 53(1)(a) and Article 8(2)(c) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(2)(c) of Regulation 2017/1001) — Well-known mark within the meaning of Article 6bis of the Paris Convention
Case T-200/17 SB v EUIPO
Civil service — Temporary staff — Fixed-term contract — Decision not to renew — Plea of illegality — Duty to state reasons — Duty to have regard for the welfare of staff — Discrimination on grounds of age
Case T-234/17 Siberian Vodka v EUIPO – Schwarze und Schlichte (DIAMOND ICE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DIAMOND ICE — Earlier EU word mark DIAMOND CUT — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-429/17 Laboratoires Majorelle v EUIPO – Jardin Majorelle (LABORATOIRES MAJORELLE)
EU trade mark — Opposition proceedings — Application for EU word mark LABORATOIRES MAJORELLE — Earlier EU word mark MAJORELLE — 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) — Earlier trade marks — Division of the trade mark application — Article 44(6) of Regulation No 207/2009 (now Article 50(6) of Regulation 2017/1001)
Case T-463/17 Raise Conseil v EUIPO – Raizers (RAISE)
European Union trade mark — Invalidity proceedings — EU word mark RAISE — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1) and (2) of Regulation No 207/2009 (now Article 59(1) and(2) of Regulation 2017/1001)
Case T-203/18 R VQ v ECB
Application for interim measures — Economic and monetary policy — Prudential supervision of credit institutions — Tasks conferred on the ECB by Regulation (EU) No 1024/2013 — Powers of the ECB — Specific supervision powers — Administrative penalties — Publication — Application for suspension of operation — No urgency
Case T-241/16 El Corte Inglés v EUIPO – WE Brand (EW)
EU trade mark — Opposition proceedings — Application for the EU figurative mark EW — Earlier EU word mark WE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-34/17 Skyleader v EUIPO – Sky International (SKYLEADER)
EU trade mark — Revocation proceedings — EU figurative mark SKYLEADER — Failure to take into account evidence adduced before the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) No 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001] — Rule 40(5) of Regulation (EC) No 2868/95 (now Article 19(1) of Delegated Regulation (EU 2017/1430)
Case T-187/17 Bernard Krone Holding v EUIPO (Mega Liner)
EU trade mark — Application for EU word mark Mega Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-188/17 Bernard Krone Holding v EUIPO (Coil Liner)
EU trade mark — Application for EU word mark Coil Liner — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-197/17 Abel and Others v Commission
Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person –Harm not capable of being compensated — Application for an injunction
Case T-230/18 R Czarnecki v Parliament
Interim measures — Law governing the institutions — Vice-President of the European Parliament — Decision of the Parliament to end a Vice-President’s term of office — Application for interim measures — Injunction — Inadmissibility
Case T-721/16 Luxottica Group v EUIPO – Chen (BeyBeni)
European Union trade mark — Opposition proceedings — Application for the EU figurative mark BeyBeni — Earlier national figurative mark Ray-Ban — Relative ground for refusal — Detriment to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-675/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU word mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94, first sentence, of Regulation 2017/1001)
Case T-676/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-860/16 Wirecard v EUIPO (mycard2go)
EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-901/16 R Elche Club de Fútbol v Commission
Application for interim measures — State aid — Aid granted by Spain to certain professional football clubs — Public guarantee provided by a public entity — Decision declaring the aid incompatible with the internal market — Application for suspension of operation of a measure — Prima facie case — Urgency — Balancing of interests
Case T-470/17 Sensotek v EUIPO – Senso Tecnologie (senso tek)
EU trade mark — Opposition proceedings — Application for EU figurative mark senso tek — Earlier EU figurative mark SENSOTEC — 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) — Action manifestly lacking any foundation in law
Case T-726/17 Commune de Fessenheim and Others v Commission
Action for annulment — Access to documents — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Implied refusal of access — Time limit for commencing proceedings — Delay — Inadmissibility
Case T-626/16 Troszczynski v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 16 May 2018 ECLI:EU:T:2018:270 (Appeal: Case before the Court of Justice C-462/18 P) |
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Case T-818/16 Netflix International and Netflix v Commission
Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring aid compatible with the internal market — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Case T-23/17 Barnett v EESC
Civil service — Officials — Retirement pension — Early retirement without reduction of pension rights — Facility formerly provided for in Article 9(2) of Annex VIII to the Staff Regulations — Interests of the service — Compliance with an annulling judgment delivered by the Civil Service Tribunal — Liability
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Judgment of the General Court (Ninth Chamber) of 16 May 2018 ECLI:EU:T:2018:271 (Appeal: Case before the Court of Justice C-503/18 P) |
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Case T-206/17 Argus Security Projects v Commission and EUBAM Libya
Action for annulment — Public service contracts — Competitive negotiated procedure — Supply of security services as part of the European Union Integrated Border Management Assistance Mission in Libya — Rejection of one tenderer’s bid and award of the contract to another tenderer — Circumstances subsequent to the award of the tender — Substantial change in the original terms of the contract — Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 16 May 2018 ECLI:EU:T:2018:288 |
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Case T-387/17 Triggerball v EUIPO (Shape of a ball-like object with edges)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a ball-like object with edges — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-393/10 INTP Westfälische Drahtindustrie and Others v Commission
Proceedings — Interpretation of a judgment — Rectification — Failure to adjudicate
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Order of the General Court (Third Chamber) of 17 May 2018 ECLI:EU:T:2018:293 |
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Case T-205/16 Lithuania v Commission
Cohesion Fund — Expenditure excluded from financing — Technical support for Cohesion Fund management in Lithuania — VAT — Article 11(1) and (3) of Regulation (EC) No 16/2003 — Reduction of financial assistance
Case T-566/16 Josefsson v Parliament
Civil service — Members of the temporary staff — Contract for an indefinite period — Dismissal — Article 47(c)(i) of the CEOS — Manifest error of assessment — Right to be heard — Principle of sound administration — Duty to have regard for the welfare of staff
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Judgment of the General Court (Sixth Chamber) of 17 May 2018 ECLI:EU:T:2018:278 (Appeal: Case before the Court of Justice C-506/18 P) |
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Case T-555/17 TW and Others v CRU
Action for annulment — Representation by a lawyer who is not a third party — Manifest inadmissibility in part
Case T-228/18 R Transtec v Commission
Interim measures — Public procurement — Framework contract for the provision of services to third countries benefiting from external aid — Application for interim measures — No urgency
Case T-67/17 Italytrade v EUIPO – Tpresso (tèespresso)
EU trade mark — Opposition proceedings — Application for the EU word mark tèespresso — Earlier international figurative mark TPresso and earlier international word mark TPRESSO — 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)
Case T-68/17 Italytrade v EUIPO – Tpresso (teaespresso)
EU trade mark — Opposition proceedings — Application for the EU word mark teaespresso — Earlier international figurative mark TPresso and earlier international word mark TPRESSO — 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)
Case T-426/17 Item Industrietechnik v EUIPO (EFUSE)
EU trade mark — Application for EU figurative mark EFUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-427/17 Item Industrietechnik v EUIPO (EFUSE)
EU trade mark — Application for EU word mark EFUSE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-801/16 RENV Fedtke v EESC
Civil service — Officials — Retirement — Retirement age — Request to extend the period of employment — First and second paragraphs of Article 52 of the Staff Regulations — Interest of the service — Purely confirmatory measure — New and substantial facts — Admissibility
Case T-299/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (1000)
EU trade mark — Invalidity proceedings — EU word mark 1000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-300/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (3000)
EU trade mark — Invalidity proceedings — EU word mark 3000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-301/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (2000)
EU trade mark — Invalidity proceedings — EU word mark 2000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-302/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (6000)
EU trade mark — Invalidity proceedings — EU word mark 6000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-303/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (4000)
EU trade mark — Invalidity proceedings — EU word mark 4000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-304/17 Sata v EUIPO – Zhejiang Rongpeng Air Tools (5000)
EU trade mark — Invalidity proceedings — EU word mark 5000 — Absolute ground for refusal — Descriptive character — Article 52(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Equal treatment — Principle of sound administration — Obligation to state reasons
Case T-98/17 RT v Parliament
Civil service — Officials — Sick leave — Article 59(1) of the Staff Regulations — Internal rules on medical examinations in connection with absence from work on medical grounds and periodic medical examinations of persons claiming the invalidity allowance — Medical certificate — No doctor’s stamp or signature — Long-distance medical consultation via the internet — Refusal to accept
Case T-160/16 Groningen Seaports and Others v Commission
State aid — Corporate tax exemption granted by the Netherlands to six Dutch public seaports — Decision declaring the aid scheme incompatible with the internal market — Obligation to state reasons — Equal treatment
Case T-340/16 Flatworld Solutions v EUIPO – Outsource Professional Services (Outsource 2 India)
EU trade mark — Invalidity proceedings — European Union figurative mark Outsource 2 India — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009) (now Article 59(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 31 May 2018 ECLI:EU:T:2018:314 (Appeal: Case before the Court of Justice C-528/18 P) |
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Case T-163/17 Consorzio di garanzia dell'olio extra vergine di oliva di qualità v Commission
Non-contractual liability — Simultaneous promotion campaigns in third countries for olive oil, one financed by the EAGF and intended to promote olive oil of European origin, and the other financed by the ERDF and intended to promote olive oil of Spanish origin — Lack of coordination between the Commission’s staff responsible for managing the two programmes — Material harm — Market loss and loss of revenue — Non-material damage — Damage to commercial reputation
Case T-314/17 Nosio v EUIPO (MEZZA)
EU trade mark — Application for EU word mark MEZZA — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) — Restriction of goods — Article 43(1) of Regulation No 207/2009 (now Article 49(1) of Regulation 2017/1001) — Obligation to state reasons — Right to be heard — Article 75 of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
June 2018
Case T-258/17 Arbuzov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Manifest error of assessment
Language of the case: Czech
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Judgment of the General Court (Sixth Chamber) of 6 June 2018
ECLI:EU:T:2018:331 |
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Case T-72/17 Schmid v EUIPO – Landeskammer für Land- und Forstwirtschaft in Steiermark (Steirisches Kürbiskernöl)
European Union trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark Steirisches Kürbiskernöl — Protected geographical indication — Article 15, Article 51(1)(a) and Article 55(1) of Regulation (EC) No 207/2009 (now Article 18, Article 58(1)(a) and Article 62(1) of Regulation (EU) 2017/1001) — Genuine use of the mark — Use as a trade mark
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 7 June 2018
ECLI:EU:T:2018:335 (Appeal: Case before the Court of Justice C-514/18 P) |
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Joined Cases T-568/16 and T-599/16 Spagnolli v Commission
Civil service — Officials — Death of a spouse who was an official — Persons entitled under the deceased official — Survivor’s pension — Orphan’s pension — Change of post of the official, surviving spouse — Adaptation of salary — Method of calculation of survivor’s and orphan’s pensions — Article 81a of the Staff Regulations — Notice of modification of pension entitlements — An act affecting a person adversely within the meaning of Article 91 of the Staff Regulations — Article 85 of the Staff Regulations — Recovery of undue payments — Conditions — Claim for compensation for material and non-material damage
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber) of 14 June 2018
ECLI:EU:T:2018:347 |
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Case T-325/16 České dráhy v Commission
Competition — Administrative procedure — Decision ordering an inspection — Proportionality — Non-arbitrariness — Obligation to state reasons — Reasonable grounds — Legal certainty — Legitimate expectations — Right to respect for private life — Rights of the defence
Language of the case: Czech
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Judgment of the General Court (Eighth Chamber) of 20 June 2018
ECLI:EU:T:2018:368 (Appeal: Case before the Court of Justice C-538/18 P) |
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Case T-476/17 R Arysta LifeScience Netherlands v Commission
Application for interim measures — Plant protection products — Active substance diflubenzuron — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
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Order of the President of the General Court of 22 June 2018 (Extracts)
ECLI:EU:T:2018:407 |
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Case T-719/17 R FMC v Commission
Application for interim measures — Plant protection products — Implementing Regulation (EU) 2017/1496 — Non-renewal of approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
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Order of the President of the General Court of 22 June 2018 (Extracts)
ECLI:EU:T:2018:408 |
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Case T-218/17 HF v Parliament
Civil service — Contract staff — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee on Harassment and its Prevention at the Workplace — Decision rejecting the request for assistance — Right to be heard — Audi alteram partem rule — Refusal to communicate the opinion of the Advisory Committee and the records of witness hearings — Length of the administrative procedure — Reasonable time
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 29 June 2018
ECLI:EU:T:2018:393 (Appeal: Case before the Court of Justice C-570/18 P) |
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Information (on unpublished decisions)
Case T-900/16 Casual Dreams v EUIPO – López Fernández (Dayaday)
European Union trade mark — Opposition proceedings — Application for EU figurative mark Dayaday — Earlier national figurative marks DAYADAY and dayaday — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Reputation — Advantage unfairly taken of the distinctive character or the repute of the earlier trade mark
Case T-111/16 Prada v EUIPO – The Rich Prada International (THE RICH PRADA)
EU trade mark — Opposition proceedings — Application for EU word mark THE RICH PRADA — Earlier national and international word and figurative marks PRADA — Relative grounds for refusal — Article 8(5) of Regulation(EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Taking unfair advantage of the distinctive character or repute of the earlier mark — Detriment to the distinctive character or repute — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion
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Judgment of the General Court (Second Chamber) of 5 June 2018 ECLI:EU:T:2018:328 (Appeal: Case before the Court of Justice C-510/18 P) |
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Case T-210/16 Lukash v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Failure to fulfil criteria for listing — Error of fact — Error of assessment — Rights of the defence — Right to an effective remedy — Right to property
Case T-803/16 Glaxo Group v EUIPO – Celon Pharma (SALMEX)
EU trade mark — Invalidity proceedings — EU figurative mark SALMEX — Earlier three-dimensional national mark — Competence of the Board of Appeal to examine of its own motion whether the earlier mark had been put to genuine use — Article 64(1) and Article 76(1) of Regulation (EC) No 207/2009 (now Article 71(1) and Article 95(1) of Regulation (EU) 2017/1001)
Case T-264/17 Uponor Innovation v EUIPO – Swep International (SMATRIX)
EU trade mark — Opposition proceedings — Application for the EU word mark SMATRIX — Prior EU figurative mark AsyMatrix — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) — Extent of the examination to be carried out by the Board of Appeal — Failure to assess an item of evidence produced before the Opposition Division
Case T-597/16 OW v EASA
Civil service — Members of the temporary staff — Assignment in the interest of the service — Transfer to a new post — Manifest error of assessment — Obligation to state reasons — Right to a fair hearing — Misuse of powers
Case T-807/16 MIP Metro v EUIPO – AFNOR (N & NF TRADING)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark N & NF TRADING — Earlier EU figurative mark NF ENVIRONNEMENT — Relative ground for refusal — Likelihood of confusion — Lack of enhanced distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-882/16 Sipral World v EUIPO – La Dolfina (DOLFINA)
EU trade mark — Revocation proceedings — EU word mark DOLFINA — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-369/17 Winkler v Commission
Civil service — Officials — Transfer of national pension rights — Decision establishing the number of pensionable years of service — Reasonable period — Right to be heard — Legal certainty — Equal treatment — Legitimate expectations — Liability — Material damage
Case T-590/16 Spychalski v Commission
Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD 177/10-ECO2013 — Assessment of the main language — Decision not to include the applicant’s name on the reserve list — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law
Case T-456/17 Lupu v EUIPO – Dzhihangir (Djili soy original DS)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark Djili soy original DS — Earlier national word mark DJILI — Relative ground for refusal — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-136/17 Cotécnica v EUIPO – Mignini & Petrini (cotecnica MAXIMA)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark cotecnica MAXIMA — Earlier national figurative mark MAXIM Alimento Superpremium — 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)
Case T-375/17 Fenyves v EUIPO (Blue)
EU trade mark — Application for the EU figurative mark Blue — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(c) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (2) of Regulation (EU) 2017/1001) — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
Case T-165/17 Emcur v EUIPO – Emcure Pharmaceuticals (EMCURE)
EU trade mark — Opposition proceedings — Application for EU word mark EMCURE — Earlier EU and national word marks EMCUR — Relative ground for refusal — Similarity of the goods and services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 14 June 2018 ECLI:EU:T:2018:346 (Appeal: Case before the Court of Justice C-533/18 P) |
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Case T-294/17 Lion's Head Global Partners v EUIPO – Lion Capital (Lion's Head)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Lion’s Head — Earlier EU word mark LION CAPITAL — 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)
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Judgment of the General Court (Ninth Chamber) of 14 June 2018 ECLI:EU:T:2018:345 (Appeal: Case before the Court of Justice C-553/18 P) |
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Case T-310/17 Lion's Head Global Partners v EUIPO – Lion Capital (LION'S HEAD global partners)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark LION’S HEAD global partners — Earlier EU word mark LION CAPITAL — 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)
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Judgment of the General Court (Ninth Chamber) of 14 June 2018 ECLI:EU:T:2018:344 (Appeal: Case before the Court of Justice C-554/18 P) |
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Case T-553/17 Cambra Abaurrea v SRB
Economic and monetary policy — Adoption of a resolution scheme in respect of Banco Popular Español — Action for annulment — Partial inadmissibility — Author of the contested measure
Case T-362/16 Tillotts Pharma v EUIPO – Ferring (XENASA)
EU trade mark — Opposition proceedings — Application for EU word mark XENASA — Earlier EU word mark PENTASA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-408/16 HX v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Principle of ne bis in idem — Rights of the defence — Right to a fair trial — Obligation to state reasons — Right to an effective remedy — Manifest error of assessment — Right to property — Proportionality — Right to a normal life — Damage to reputation
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Judgment of the General Court (Fifth Chamber) of 19 June 2018 ECLI:EU:T:2018:355 (Appeal: Case before the Court of Justice C-540/18 P) |
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Case T-859/16 Damm v EUIPO – Schlossbrauerei Au, Willibald Beck Freiherr von Peccoz (EISKELLER)
EU trade mark — Opposition proceedings — Application for EU figurative mark EISKELLER — Earlier national word marks KELER and KELER 18 — Relative ground for refusal — No similarity between the signs — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-86/17 Le Pen v Parliament
Rules governing the payment of expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Rights of the defence — Burden of proof — Obligation to state reasons — Equal treatment — Misuse of powers — Independence of the Members — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 19 June 2018 ECLI:EU:T:2018:357 (Appeal: Case before the Court of Justice C-525/18 P) |
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Case T-89/17 Erwin Müller v EUIPO – Novus Tablet Technology Finland (NOVUS)
EU trade mark — Opposition proceedings — Application for EU word mark NOVUS — Earlier EU word and figurative marks NOVUS and novus — Relative ground for refusal — Similarity of the goods — Article 8(1)(a) and (b) of Regulation No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) — Evidence presented for the first time before the General Court
Case T-413/17 Karl Storz v EUIPO (3D)
EU trade mark — International registration designating the European Union — Figurative mark 3D — Absolute grounds for refusal — Descriptive character — Absence of any distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75(1) of Regulation No 207/2009 (now Article 94(1) of Regulation 2017/1001)
Case T-104/15 KV v Commission
Grant agreements concluded in the context of the Lifelong Learning Programme (2007-2013) — ‘Green Business is Smart Business’ and ‘LadybizIT: Woman entrepreneurship on the verge of ICT’ projects — Ineligible costs — Action for annulment — Lack of competence of the Commission
Cases T-306/15 and T-484/15 KV v EACEA
Arbitration clause — Grant agreements concluded in the context of the Lifelong Learning Programme (2007-2013) — NEST and ‘This is IT’ projects — Ineligible costs — Reclassification of the action
Case T-621/16 České dráhy v Commission
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Judgment of the General Court (Eighth Chamber) of 20 June 2018 ECLI:EU:T:2018:367 |
Case T-621/16 České dráhy v Commission
Competition — Administrative procedure — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Proportionality — Obligation to state reasons — Right to respect for private life — Rights of defence’
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Judgment of the General Court (Eighth Chamber) of 20 June 2018 ECLI:EU:T:2018:515 (Appeal: Case before the Court of Justice C-539/18 P) |
Case T-156/17 L v Parliament
Civil Service — Accredited Parliamentary assistant — Termination of contract — Litispendence — Inadmissibility
Case T-587/17 Unigroup v EUIPO – Pronova Laboratories (nailicin)
EU trade mark — Opposition proceedings — Application for EU word mark nailicin — Earlier Benelux word mark NAILCLIN — Relative ground for refusal — Copy of the certificate of registration of the earlier mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2017/1430) — Taking into account of a document submitted in conjunction with the notice of opposition — Rule 19(4) Regulation No 2868/95 (now Article 7(5) of Delegated Regulation 2017/1430) — Action manifestly lacking any foundation in law
Case T-657/17 Anabi Blanga v EUIPO – Polo/Lauren (HPC POLO)
EU trade mark — Opposition proceedings — Application for registration of the EU word mark HPC POLO — Earlier EU word mark POLO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-227/16 Haverkamp IP v EUIPO – Sissel (Foot mat)
Community design — Invalidity proceedings — International registration designating the European Union — Registered Community design representing a foot mat — Earlier design — Grounds for invalidity — No individual character — Informed user — Degree of freedom of the designer — Proof of saturation of the state of the art — No different overall impression — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002- Article 63(1) of Regulation No 6/2002
Case T-228/16 Haverkamp IP v EUIPO – Sissel (Pebble beach surface pattern)
Community design — Invalidity proceedings — International registration designating the European Union — Registered Community design representing a pebble beach surface pattern — Earlier design — Grounds for invalidity — Lack of novelty — Article 5 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-259/13 RENV France v Commission
EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development support measures — Areas with natural handicaps — Flat rate financial correction — Expenditure incurred by France — Loading criterion — On-the-spot controls
Case T-537/15 Deutsche Post v EUIPO – Verbis Alfa and EasyPack (InPost)
EU trade mark — Opposition proceedings — Application for EU figurative mark InPost — Earlier EU figurative marks INFOPOST and ePOST and earlier national word mark POST — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No detriment to reputation and no dilution — Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 8(1)(b) and (5) of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-619/16 Sicignano v EUIPO – IN.PRO.DI (GiCapri "a giacchett'e capri")
EU trade mark — Opposition proceedings — Application for EU figurative mark GiCapri ‘a giacchett’e capri’ — Earlier EU figurative mark CAPRI — 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)
Case T-739/16 Akant Monika i Zbigniew Harasym v EUIPO – Hunter Douglas Holding (COSIMO)
EU trade mark — Opposition proceedings — Application for EU word mark COSIMO — Earlier EU word mark COSIFLOR — 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) — Proof of genuine use of the earlier mark — Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
Case T-71/17 France.com v EUIPO – France (FRANCE.com)
EU trade mark — Opposition proceedings — Application for the EU figurative mark FRANCE.com — Earlier international figurative mark France — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-78/17 Jumbo Africa v EUIPO – ProSiebenSat.1 Licensing (JUMBO)
EU trade mark — Invalidity proceedings — EU word mark JUMBO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001)
Case T-556/17 Staropilsen v EUIPO – Pivovary Staropramen (STAROPILSEN; STAROPLZEN)
EU trade mark — Invalidity proceedings — EU word mark STAROPILSEN; STAROPLZEN — Earlier EU and national word marks STAROPRAMEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-757/17 Kerstens v Commission
Civil service — Officials — Disciplinary proceedings — Enforcement of a judgment delivered by the General Court on appeal — Withdrawal of the decision imposing a reprimand — Reopening of the disciplinary proceedings which led to the cancelled sanction — Claim for annulment — Act not adversely affecting an official — Claim for damages — Failure to follow the pre-litigation procedure — Manifest inadmissibility
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Order of the General Court (First Chamber) of 26 June 2018 ECLI:EU:T:2018:391 (Appeal: Case before the Court of Justice C-577/18 P) |
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Case T-784/17 RII Strabag Belgium v Parliament
Application for interim measures — Public works contracts — Order granting suspension of operation of the decision of the European Parliament rejecting the applicant’s tender and awarding five tenderers a framework contract involving general contractor works for Parliament buildings in Brussels — Application for variation — Article 159 of the Rules of Procedure — Inadmissibility
Case T-299/18 R Strabag Belgium v Parliament
Application for interim measures — Public works contracts — Application for suspension of operation of a measure — Waiting period — Abnormally low tender — Prima facie case — No urgency
Case T-362/17 NCL v EUIPO (FEEL FREE)
EU trade mark — Application for EU word mark FEEL FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and 7(2) of Regulation (EU) 2017/1001)
Case T-147/15 Czech Republic v Commission
Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Application to be exempted from making available own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
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Order of the General Court (Seventh Chamber) of 28 June 2018 ECLI:EU:T:2018:395 (Appeal: Case before the Court of Justice C-575/18 P) |
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Case T-478/15 Romania v Commission
Actions for annulment — European Union’s own resources — Financial responsibility of the Member States — Obligation to pay the Commission the amount corresponding to a loss of own resources — Letter from the Commission — Act not open to challenge — Inadmissibility
Case T-211/17 Amplexor Luxembourg v Commission
Public service contracts — Tendering procedure — Ranking of a tenderer in the cascade procedure — Processing of opinions with a view to their publication in the Supplement to the Official Journal of the European Union — Equal treatment of tenderers — Neutralisation of the advantage of the incumbent contractor — Misuse of powers
Case T-452/17 TL v EDPS
Actions for annulment — Protection of personal data — Public nature of the case-law of the General Court — Request for anonymisation and removal from the Internet of a judgment of the General Court — Act not open to challenge — Confirmatory act — No new and substantial facts — Manifest inadmissibility
Case T-691/17 hoechstmass Balzer v EUIPO (Shape of a tape measure case)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a tape measure case — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
July 2018
Case T-616/15 Transtec v Commission
EDF — ACP countries — The Cotonou Agreement — Support programme for cultural initiatives in Portuguese-speaking African countries — Sums paid by the Commission to the body entrusted with the financial implementation of the programme in Guinea-Bissau — Recovery following a financial audit — Offsetting of debts — Proportionality — Unjust enrichment — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber) of 3 July 2018
ECLI:EU:T:2018:399 |
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Case T-88/17 Spain v Commission
EAFRD — Last execution year of 2007-2013 programming period — Clearance of accounts of Member States’ paying agencies — Decision declaring a certain amount non-reusable in the rural development programme of the Autonomous Community of Extremadura — Calculation method — Article 69(5b) of Regulation (EC) No 1698/2005 — Legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber) of 5 July 2018
ECLI:EU:T:2018:406 |
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Case T-783/17 R GE Healthcare v Commission
Application for interim measures — Medicinal products for human use — Directive 2001/83/EC — Suspension of the marketing authorisation for contrast agents containing gadolinium for human use — Application for suspension of operation of a measure — Lack of urgency
Language of the case: English
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Order of the President of the General Court of 11 July 2018 (Extracts)
ECLI:EU:T:2018:503 |
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Case T-419/14 The Goldman Sachs Group v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Imputability of the infringement — Presumption — Error of assessment — Presumption of innocence — Legal certainty — Principle of personal responsibility — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 12 July 2018
ECLI:EU:T:2018:445 (Appeal: Case before the Court of Justice C-595/18 P) |
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Case T-441/14 Brugg Kabel and Kabelwerke Brugg v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 12 July 2018
ECLI:EU:T:2018:453 (Appeal: Case before the Court of Justice C-591/18 P) |
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Case T-449/14 Nexans France and Nexans v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Illegal nature of the inspection decision — Reasonable time — Principle of sound administration — Principle of personal responsibility — Joint and several liability for payment of the fine — Sufficient proof of the infringement — Duration of the infringement — Fines — Proportionality — Equal treatment — Unlimited jurisdiction
Language of the case: English
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Rectification order of 4 May 2020
ECLI:EU:T:2020:174 |
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Judgment of the General Court (Eighth Chamber) of 12 July 2018
ECLI:EU:T:2018:456 (Appeal: Case before the Court of Justice C-606/18 P) |
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Case T-475/14 Prysmian and Prysmian Cavi e Sistemi v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Illegal nature of the inspection decision — Reasonable time — Principle of sound administration — Principle of personal responsibility — Joint and several liability for payment of the fine — Sufficient proof of the infringement — Duration of the infringement — Fines — Proportionality — Equal treatment — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 12 July 2018
ECLI:EU:T:2018:448 (Appeal: Case before the Court of Justice C-601/18 P) |
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Case T-356/15 Austria v Commission
State aid — Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station — Contract for Difference, Secretary of State Agreement and Credit Guarantee — Decision declaring the aid compatible with the internal market — Article 107(3)(c) TFEU — Public interest objective — Promotion of nuclear energy — Need for State intervention — Guarantee Notice — Determination of the aid element — Proportionality — Investment aid — Operating aid — Right to submit observations — Public procurement procedure — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 12 July 2018
ECLI:EU:T:2018:439 (Appeal: Case before the Court of Justice C-594/18 P) |
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Case T-680/13 K. Chrysostomides & Co. and Others v Council and Others
Non-contractual liability — Economic and monetary policy — Stability support programme for Cyprus — Decision of the Governing Council of the ECB relating to emergency liquidity assistance following a request from the Central Bank of Cyprus — Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus — Decision 2013/236/EU — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism — Jurisdiction of the General Court — Admissibility — Formal requirements — Exhaustion of national rights of action — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Right to property — Legitimate expectations — Equal treatment
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:486 (Appeal: Case before the Court of Justice C-597/18 P) (Appeal: Case before the Court of Justice C-603/18 P) |
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Case T-733/16 Banque postale v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:477 |
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Case T-745/16 BPCE v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:476 |
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Case T-751/16 Confédération nationale du Crédit mutuel v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:475 |
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Case T-757/16 Société générale v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:473 |
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Case T-758/16 Crédit agricole v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:472 |
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Case T-768/16 BNP Paribas v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 — Calculation of the leverage ratio — ECB’s refusal to authorise the applicant to exclude exposures meeting certain conditions from the calculation of the leverage ratio — Article 429(14) of Regulation (EU) No 575/2013 — ECB’s discretion — Errors of law — Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 13 July 2018
ECLI:EU:T:2018:471 |
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Case T-825/16 Cyprus v EUIPO – Papouis Dairies (Pallas Halloumi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Pallas Halloumi — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
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Rectification order of 22 November 2018
ECLI:EU:T:2018:844 |
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Judgment of the General Court (Second Chamber) of 13 July 2018
ECLI:EU:T:2018:482 (Appeal: Case before the Court of Justice C-608/18 P) |
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Case T-273/17 Quadri di Cardano v Commission
Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — 10‑year reference period — Nationality of the State of employment — Residence in the State of employment — Duties in an international organisation — Temporary employment contract
Language of the case: French
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Judgment of the General Court (Second Chamber) of 13 July 2018
ECLI:EU:T:2018:480 |
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Case T-275/17 Curto v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Error of assessment — Scope of the duty to provide assistance — Duration of the administrative procedure — Reasonable period — Refusal to disclose reports drawn up by the Advisory Committee
Language of the case: English
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Judgment of the General Court (First Chamber) of 13 July 2018
ECLI:EU:T:2018:479 |
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Case T-377/17 SQ v EIB
Civil Service — EIB staff — Complaint of psychological harassment — Administrative enquiry — Concept of ‘psychological harassment’ — Requirement that the conduct complained of must be repetitive in order to constitute ‘psychological harassment’ — Refusal to initiate disciplinary proceedings against the person responsible for that conduct — Duty of confidentiality in relation to an ongoing administrative enquiry and, subsequently, to the decision terminating the procedure finding that there had been psychological harassment
Language of the case: French
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Judgment of the General Court (First Chamber) of 13 July 2018
ECLI:EU:T:2018:478 |
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Information (on unpublished decisions)
Case T-577/17 thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission
Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility
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Order of the General Court (Sixth Chamber) of 2 July 2018 ECLI:EU:T:2018:411 (Appeal: Case before the Court of Justice C-572/18 P) |
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Joined Cases T-379/10 RENV and T-381/10 RENV Keramag Keramische Werke and Others v Commission
Competition — Agreements, decisions and concerted practices — French bathroom fittings and fixtures market — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Participation of certain entities in a cartel — Reassessment of the evidence
Cases T-402/17 and T-403/17 Vienna International Hotelmanagement v EUIPO (Vienna House and VIENNA HOUSE)
EU trade mark — Applications for EU word mark Vienna House and figurative mark VIENNA HOUSE — Absolute ground for refusal — Descriptive character — Not distinctive — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1(b) and (c) of Regulation 2017/1001)
Case T-222/14 RENV Deluxe Entertainment Services Group v EUIPO (deluxe)
EU trade mark — Application for EU figurative mark deluxe — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-401/18 R SFIE-PE v Parliament
Interim measures — Law governing the institutions — Strike action by interpreters — Measures for the requisition of interpreters adopted by the European Parliament — Application for suspension of operation — Application for interim measures — Partial inadmissibility — Weighing up of interests
Case T-402/18 R Aquino and Others v Parliament
Interim measures — Law governing the institutions — Interpreters’ strike action — Measures of requisition of interpreters adopted by the European Parliament — Application for suspension of operation of a measure — Application for interim measures — Inadmissible in part — Balance of interests
Case T-104/18 R Fundación Tecnalia Research & Innovation v REA
Application for interim measures — Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency
Case T-244/18 R Synergy Hellas v Commission
Application for interim measures — Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) — Recovery of the sums paid — Application for suspension of operation — Lack of urgency
Case T-643/13 Rogesa v Commission
Access to documents — Regulation (EC) No 1049/2001 — Scheme for greenhouse gas emission allowance trading — Request for access to information relating to the determination of the most efficient 10% of steel industry installations — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment — Observance of time-limits
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Judgment of the General Court (Fifth Chamber) of 11 July 2018 ECLI:EU:T:2018:423 (Appeal: Case before the Court of Justice C-568/18 P) |
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Case T-185/15 Buonotourist v Commission
State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty
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Judgment of the General Court (Second Chamber) of 11 July 2018 ECLI:EU:T:2018:430 (Appeal: Case before the Court of Justice C-586/18 P) |
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Case T-186/15 CSTP Azienda della Mobilità v Commission
State aid — Undertaking operating networks of bus routes in the Regione Campania — Advantage — Service of general economic interest — Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance — Decision declaring the aid incompatible with the internal market — Existing aid and new aid — Regulation (EEC) No 1191/69 — Conditions for exemption from the requirement for notification — Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 — Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid — Force of res judicata of a judgment of a higher national court — Temporal application of the rules of substantive law — Legitimate expectations — Legal certainty
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Judgment of the General Court (Second Chamber) of 11 July 2018 ECLI:EU:T:2018:431 (Appeal: Case before the Court of Justice C-587/18 P) |
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Case T-240/16 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the list — Legal basis — Manifest error of assessment — Rights of defence — Right to effective judicial protection — Right to property — Right to reputation — Plea of illegality
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Judgment of the General Court (Sixth Chamber) of 11 July 2018 ECLI:EU:T:2018:433 |
Case T-644/16 ClientEarth v Commission
Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the compatibility with EU law of Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access — Exception concerning the protection of the public interest as regards international relations — Exception concerning the protection of legal advice — Exception concerning the protection of the decision-making process — Overriding public interest
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Judgment of the General Court (Eighth Chamber) of 11 July 2018 ECLI:EU:T:2018:429 (Appeal: Case before the Court of Justice C-612/18 P) |
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Case T-707/16 Enoitalia v EUIPO – La Rural Viñedos y Bodegas (ANTONIO RUBINI)
EU trade mark — Invalidity proceedings — EU word mark ANTONIO RUBINI — Earlier EU figurative mark RUTINI — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-13/17 Europa Terra Nostra v Parliament
Law governing the institutions — European Parliament — Decision awarding a grant to a political foundation — Pre-financing amount fixed at 33% of the maximum amount of the grant awarded — Obligation to provide a pre-financing bank guarantee — Financial Regulation — Rules for the application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Misuse of powers
Case T-16/17 APF v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Abuse of power
Case T-54/17 CLF v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political party — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment
Case T-57/17 Pegasus v Parliament
Institutional law — European Parliament — Decision awarding a grant to a political foundation — Pre-financing set at 33% of the maximum amount of the grant awarded — Obligation to provide a bank pre-financing guarantee — Financial Regulation — Rules of Application of the Financial Regulation — Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding — Proportionality — Equal treatment
Case T-694/17 Link Entertainment v EUIPO – García-Sanjuan Machado (SAVORY DELICIOUS ARTISTS & EVENTS)
EU trade mark — Invalidity proceedings — EU figurative mark SAVORY DELICIOUS ARTISTS & EVENTS — Earlier EU word mark AVORY — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Similarity of the services — Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009 (now Articles 8(1)(b) and 60(1)(a) of Regulation (EU) 2017/1001)
Case T-422/14 Viscas v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:446 (Appeal: Case before the Court of Justice C-582/18 P) |
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Case T-438/14 Silec Cable and General Cable v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Concept of an undertaking — Economic succession — Single and continuous infringement — Evidence of the infringement — Public distancing — Duration of participation — Equal treatment — Gravity of the infringement — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:447 (Appeal: Case before the Court of Justice C-599/18 P) |
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Case T-439/14 LS Cable & System v Commission
Competition — Agreement, decisions and concerted practices — European market for power cables — Single and continuous infringement — Sufficient proof — Contributing to the single objective of the infringement — Knowledge of key elements of the infringement — Calculation of the fine — Basic amount — Paragraph 18 of the Guidelines — Gravity of the infringement — Proportionality — Mitigating circumstances — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:451 (Appeal: Case before the Court of Justice C-596/18 P) |
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Case T-444/14 Furukawa Electric v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:454 (Appeal: Case before the Court of Justice C-589/18 P) |
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Case T-445/14 ABB v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Evidence of the infringement — Products concerned — Public distancing — Duration of participation — Equal treatment
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:449 (Appeal: Case before the Court of Justice C-593/18 P) |
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Case T-446/14 Taihan Electric Wire v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Insurmountable barriers to entry — Inapplicability of Article 101 — Duration of involvement — Equal treatment — Calculation of the fine — Value of sales — Gravity of the infringement — Mitigating circumstances — Unlimited jurisdiction
Case T-447/14 NKT Verwaltungs and NKT v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Evidence of the infringement — Duration of Involvement — Public Distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
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Rectification order of 13 May 2020 ECLI:EU:T:2020:205 |
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:443 (Appeal: Case before the Court of Justice C-607/18 P) |
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Case T-448/14 Hitachi Metals v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-450/14 Sumitomo Electric Industries and J-Power Systems v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Public distancing — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
Case T-451/14 Fujikura v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Proof of the infringement — Duration of participation — Calculation of the fine — Gravity of the infringement — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:452 (Appeal: Case before the Court of Justice C-590/18 P) |
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Case T-455/14 Pirelli & C. v Commission
Competition — Agreements, decisions and concerted practices — European market for power cables — Decision finding an infringement of Article 101 TFEU — Single and continuous infringement — Imputability of the infringement — Presumption — Obligation to state reasons — Fundamental rights — Proportionality — Equal treatment — Beneficium ordinis seu excussionis — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 12 July 2018 ECLI:EU:T:2018:450 (Appeal: Case before the Court of Justice C-611/18 P) |
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Case T-608/16 PA v Parliament
Civil service — Officials — Staff report — 2014 appraisal period — Promotion — 2015 appraisal period — Obligation to state reasons — Misuse of power — Article 41(1) of the Charter of Fundamental Rights
Case T-774/16 Consejo Regulador del Cava v EUIPO – Cave de Tain L'Hermitage, union des propriétaires (CAVE DE TAIN)
EU trade mark — Invalidity proceedings — Figurative EU trade mark CAVE DE TAIN — Earlier designation of origin ‘CAVA’ — Concept of ‘evocation’ of a protected designation of origin — Article 103(2)(b) of Regulation (EU) No 1308/2013
Case T-904/16 Labiri v EESC and Comittee of the Regions
Civil service — Officials — Psychological harassment — Amicable settlement — Implementation of the agreement — [confidential] — Misuse of powers — Action manifestly lacking any foundation in law
Case T-9/17 RI v Council
Civil service — Officials — Invalidity pension — Fifth paragraph of Article 78 of the Staff Regulations — Refusal to recognise the invalidity as arising from an occupational disease — Incorrect view of the concept of occupational disease — Obligation to state reasons
Case T-41/17 Lotte v EUIPO – Nestlé Unternehmungen Deutschland (Representation of a koala)
EU trade mark — Opposition proceedings — Application for EU figurative mark representing koalas — Earlier national three-dimensional mark KOALA-BÄREN Schöller lustige Gebäckfiguren — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Proof of genuine use of the earlier mark — Power to alter decisions
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Judgment of the General Court (Ninth Chamber) of 12 July 2018 ECLI:EU:T:2018:438 (Appeal: Case before the Court of Justice C-580/18 P) |
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Case T-256/17 Labiri v EESC
Civil service — Officials — Psychological harassment — Amicable settlement — Performance of the agreement — Error in law — Error in assessment — Misuse of powers — Action manifestly lacking any foundation in law
Case T-392/17 TE v Commission
Action for annulment — Opening of an external investigation by OLAF — Measure not open to challenge — Inadmissibility
Case T-224/18 R PV v Commission
Interim measures — Civil Service — Psychological harassment — Decisions taken by the Commission following dismissal — Disciplinary proceedings — Reassignment — Setting the salary at ‘zero’ — Application for interim measures — Manifest inadmissibility of the main action — Partial inadmissibility — No prima facie case — No urgency
Case T-250/18 R RATP v Commission
Application for interim measures — Access to documents — Application for suspension of operation of a measure — No urgency
Case T-58/14 Stührk Delikatessen Import v Commission
Competition — Agreements, decisions and concerted practices — Belgian, German, French and Dutch markets in North Sea shrimp — Decision finding an infringement of Article 101 TFEU — Price fixing and the exchange of commercially sensitive information — Single and continuous infringement — Fines — Principle that offences and penalties must be defined by law — 2006 guidelines on the setting of fines — Mitigating factors — Substantially limited involvement — Cooperation during the administrative procedure — Maximum of 10% of total turnover — Article 23(2) of Regulation (EC) No 1/2003 — Paragraph 37 of the 2006 guidelines on the setting of fines — Equal treatment — Obligation to state reasons
Case T-786/14 Bourdouvali and Others v Council and Others
Non-contractual liability — Economic and monetary policy — Stability support programme for Cyprus — Decision of the Governing Council of the ECB relating to emergency liquidity assistance following a request from the Central Bank of Cyprus — Euro Group Statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus — Decision 2013/236/EU — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism — Jurisdiction of the General Court — Admissibility — Formal requirements — Exhaustion of national rights of action — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Right to property — Legitimate expectations — Equal treatment
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 13 July 2018 ECLI:EU:T:2018:487 (Appeal: Case before the Court of Justice C-598/18 P) (Appeal: Case before the Court of Justice C-604/18 P) |
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Case T-606/16 Pereira v Commission
Civil service — Officials — Non-promotion — 2015 promotion procedure — Decision not to promote the applicant to grade AST 7 — Obligation to state reasons — Comparative merits — Seniority in the grade — Accumulated merits — Manifest errors of assessment
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Judgment of the General Court (Fifth Chamber) of 13 July 2018 ECLI:EU:T:2018:470 (Appeal: Case before the Court of Justice C-571/18 P) |
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Case T-612/16 PS v EIB
Civil service — EIB staff — Social security — Accident at work — Total and permanent invalidity — Occupational origin of the disease — System for the insurance of accidents at work and occupational diseases — Contributions to the pension scheme — Duty to have regard for the welfare of staff — Liability — Non-material harm
Case T-847/16 Cyprus v EUIPO – POA (COWBOYS HALLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark COWBOYS HALLOUMI — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Rectification order of 22 November 2018 ECLI:EU:T:2018:863 |
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Judgment of the General Court (Second Chamber) of 13 July 2018 ECLI:EU:T:2018:481 (Appeal: Case before the Court of Justice C-609/18 P) |
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Case T-797/17 Star Television Productions v EUIPO – Marc Dorcel (STAR)
EU trade mark — Revocation proceedings — EU figurative mark STAR — No genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 13 July 2018 ECLI:EU:T:2018:469 (Appeal: Case before the Court of Justice C-602/18 P) |
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Case T-180/14 Front Polisario v Council
Actions for annulment — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for by the agreement — Act concluding the agreement — Applicability of the agreement and protocol to the territory of Western Sahara and the waters adjacent thereto — Lack of locus standi — Inadmissibility
Case T-646/16 P Simpson v Council
Appeal — Civil service — Officials — Upgrade — Classification in grade — Decision not to award the applicant grade AD 9 after he had passed a grade AD 9 open competition — Dismissal of the action at first instance after referral back by the General Court — Composition of the panel of judges which adopted the order at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the right to a judge assigned by law
Case T-693/16 P HG v Commission
Appeal — Civil service — Officials — Posting to a third country — Lodging provided by the administration — Disciplinary penalty — Dismissal of the action at first instance — Composition of the panel of judges which delivered the judgment at first instance — Procedure for appointment of a judge to the Civil Service Tribunal — Tribunal established by law — Principle of the lawful judge
Case T-417/18 R CdT v EUIPO
Interim measures — Law governing the institutions — Translation services required for the functioning of EUIPO — Use of external contractors — Application for interim measures — No urgency
Case T-101/17 Apple Distribution International v Commission
Action for annulment — State aid — Aid planned by Germany to fund film production and distribution — Decision declaring the aid compatible with the internal market — No individual concern — Inadmissibility
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Order of the General Court (Eighth Chamber) of 27 July 2018 ECLI:EU:T:2018:505 (Appeal: Case before the Court of Justice C-633/18 P) |
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August 2018
Information (on unpublished decisions)
Case T-251/18 R IFSUA v Council
Interim measures — Fishing opportunities for certain fish stocks — Measures on European seabass fisheries — Ban on catches in recreational fisheries — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 20 August 2018 ECLI:EU:T:2018:516 |
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Cases T-337/18 R and T-347/18 R Laboratoire Pareva and Biotech3D v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — Prima facie case — Weighing up of competing interests
Case T-475/18 R Boyer v Wallis-et-Futuna
Interim measures — Public contracts — Application for interim measures — Inadmissibility
September 2018
Case T-671/16 Villeneuve v Commission
Civil Service — Recruitment — Open competition — Competition notice EPSO/AD/303/15 (AD 7) — Verification by EPSO of the conditions for admission to the competition — Professional experience of a period shorter than the minimum period required — Nature of the check of the eligibility condition relating to professional experience — Obligation to state reasons — Manifest error of assessment by the selection board of the competition — Equal treatment
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 5 September 2018
ECLI:EU:T:2018:519 |
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Case T-654/16 Foshan Lihua Ceramic v Commission
Dumping — Imports of ceramic tiles originating in China — Article 11(3) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(3) and (5) and Article 17 of Regulation (EU) 2016/1036) — Rejection of a request for a partial interim review, limited to dumping aspects, of the definitive anti-dumping duty established by Implementing Regulation (EU) No 917/2011 — Lasting change in circumstances — Sampling — Individual examination — No cooperation in the investigation that led to the adoption of the definitive measures
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 11 September 2018
ECLI:EU:T:2018:525 |
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Case T-55/17 Healy v Commission
Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to length of service within the Commission — Non-admission to the assessment tests in a competition
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 September 2018
ECLI:EU:T:2018:533 |
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Case T-73/17 RS v Commission
Civil service — Temporary agents — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to the requirement of 12 months’ continuous employment before the expiry of the deadline for submitting an application — Leave on personal grounds — Non-admission to the tests in a competition
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 September 2018
ECLI:EU:T:2018:532 |
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Case T-79/17 Schoonjans v Commission
Civil service — Contract staff — Recruitment — Internal competition — Constitution of a reserve list for the recruitment of assistants — Eligibility condition relating to the function group to which the candidate belongs on the closing date for online applications — Non-admission to the assessment tests in a competition
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 September 2018
ECLI:EU:T:2018:531 |
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Case T-732/14 Sberbank of Russia v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 13 September 2018
ECLI:EU:T:2018:541 |
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Cases T-735/14 and T-799/14 Gazprom Neft v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained on the list of entities to which the restrictive measures apply — Obligation to state reasons — Legal basis — Partnership and Cooperation Agreement between the European Union and Russia — Right to property — Right to carry on an economic activity — Proportionality
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 13 September 2018
ECLI:EU:T:2018:548 |
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Case T-798/14 DenizBank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Inclusion of the name of the entity owning the applicant in the list of entities to which the restrictive measures apply — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — EU-Turkey Association Agreement — Fundamental rights — Proportionality
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 13 September 2018
ECLI:EU:T:2018:546 |
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Case T-702/16 P Barroso Truta and Others v Court of Justice of the European Union
Appeal — Civil service — Members of the contract staff — Pensions — Transfer to the European Union pension scheme of pension rights acquired previously under national schemes — Damage resulting from the allegedly insufficient information provided to the appellants by the AECE when communicating the proposals concerning additional pensionable years relating to them — Dismissal of the action for damages at first instance — Fourth paragraph of Article 77 of the Staff Regulations — Material damage
Language of the case: French
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Judgment of the General Court (Appeal Chamber) of 18 September 2018
ECLI:EU:T:2018:557 |
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Case T-68/15 HH Ferries and Others v Commission
State aid — Aid in favour of the Øresund road-rail fixed link — Public financing granted by the Swedish State and the Danish State to the Fixed Link infrastructure project across the Øresund — State guarantees — Tax aid — Decision not to raise any objection — Decision that there was no State aid — Action for annulment — Challengeable act — Admissibility — Failure to initiate the formal investigation procedure — Serious difficulties — Concept of ‘aid scheme’ — Aid to promote the execution of an important project of common European interest — Assessment of the aid element in a guarantee — Whether the aid contained in a guarantee is limited — Proportionality — Legitimate expectations
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 19 September 2018 (Extracts)
ECLI:EU:T:2018:563 |
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Case T-242/17 SC v Eulex Kosovo
Action for annulment and for damages — Arbitration clause — Common foreign and security policy — EU international mission staff — Consecutive fixed-term employment contracts — Internal competition — Impartiality of the selection board — Non-renewal of a fixed term contract — Partial reclassification of the action — Contractual liability — Non-contractual liability — Material and non-material harm — Action in part manifestly inadmissible and in part manifestly unfounded in law
Language of the case: English
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Order of the General Court (Ninth Chamber) of 19 September 2018
ECLI:EU:T:2018:586 (Appeal: Case before the Court of Justice C-730/18 P) |
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Case T-266/17 Kwizda Holding v EUIPO – Dermapharm (UROAKUT)
EU trade mark — Opposition proceedings — Application for EU word mark UROAKUT — Earlier national and international figurative marks UroCys — Relative grounds for refusal — No likelihood of confusion — Power to alter decisions — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Language of the case: German
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Judgment of the General Court (First Chamber) of 20 September 2018
ECLI:EU:T:2018:569 |
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Cases T-639/15 to T-666/15 and T-94/16 Psara and Others v Parliament
Access to documents — Regulation (EC) No 1049/2001 — European Parliament — Expenditure by Members of the Parliament of their allowances — Refusal to grant access — Non-existent documents — Personal data — Regulation (EC) No 45/2001 — Need to transfer the data — Specific and individual examination — Partial access — Excessive administrative burden — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 25 September 2018
ECLI:EU:T:2018:602 |
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Case T-260/16 Sweden v Commission
EAGF and EAFRD — Expenditure excluded from financing — Decoupled direct aid — On-the-spot checks — Remote sensing — Evaluation of the risk factors — Corrective measures to be taken by the Member State concerned — Assessment of the financial damage — Proportionality
Language of the case: Swedish
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Judgment of the General Court (Second Chamber) of 25 September 2018
ECLI:EU:T:2018:597 |
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Case T-238/17 Gugler v EUIPO – Gugler France (GUGLER)
EU trade mark — Invalidity proceedings — EU figurative mark GUGLER — Earlier national company name Gugler France — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Likelihood of confusion
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 25 September 2018
ECLI:EU:T:2018:598 (Appeal: Case before the Court of Justice C-736/18 P) |
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Case T-574/14 EAEPC v Commission
Competition — Agreements, decisions and concerted practices — Parallel trade in medicines — Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States — Request for re-examination of a complaint following judgments of the Court of Justice and the General Court — Article 266 TFEU — Rejection of a complaint — No Union interest — Cessation of the anti-competitive practice — Absence of persisting anti-competitive effects — Case being dealt with by a competition authority of a Member State — Obligations in relation to the investigation of a complaint — Article 105 TFEU — Article 7 of Regulation (EC) No 1/2003 — Procedural rights of a complainant — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 26 September 2018
ECLI:EU:T:2018:605 |
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Case T-62/16 Puma v EUIPO – Doosan Machine Tools (PUMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark PUMA — Earlier international figurative trade marks PUMA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 26 September 2018
ECLI:EU:T:2018:604 |
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Case T-682/16 France v Commission
EAGF — Area-linked aid — Procedure for the suspension of monthly payments to a Member State — Article 41(2)(b) of Regulation (EU) No 1306/2013 — Key components of the national control system — Deficiencies found — Action plan including clear progress indicators established in consultation with the Commission — Proportionality
Language of the case: French
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Judgment of the General Court (Third Chamber) of 26 September 2018
ECLI:EU:T:2018:603 |
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Case T-288/15 Ezz and Others v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Admissibility — Objectives — Criteria for inclusion of persons targeted — Renewal of designation of the applicants on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to fair trial — Presumption of innocence — Right to good administration — Error of law — Manifest error of assessment — Right to property — Rights of the defence — Right to effective judicial protection
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 27 September 2018
ECLI:EU:T:2018:619 |
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Case T-12/17 Mellifera v Commission
Consumer protection — Implementing Regulation (EU) 2016/1056 — Implementing Regulation extending the approval period of the active substance ‘glyphosate’ — Regulation (EC) No 1367/2006 — Request for internal review — Article 2(1)(g) and Article 10(1) of Regulation No 1367/2006 — Measure of individual scope — Aarhus Convention
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 27 September 2018
ECLI:EU:T:2018:616 (Appeal: Case before the Court of Justice C-784/18 P) |
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Information (on unpublished decisions)
Case T-14/16 Apimab Laboratoires and Others v Commission
Consumer protection — Setting of maximum levels for polycyclic aromatic hydrocarbons in food supplements — Regulation (EEC) No 315/93 — Risk analysis — Regulation (EC) No 178/2002 — Manifest error of assessment — Proportionality — Principle of non-discrimination
Case T-715/17 Hermann Biederlack v EUIPO (Feeling home)
European Union trade mark — Application for EU word mark Feeling home — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any basis in law
Case T-504/18 R XG v Commission
Interim measures — Refusal to grant access to the Commission’s premises — Application for interim measures — No interest in obtaining the interim measures sought
Case T-613/16 PH v Commission
Civil Service — Recruitment — Open competition — Notice of competition EPSO/AST-SC/03/15 — Decision to exclude the candidate from the competition — Family connection to a member of the selection board — Equal treatment
Case T-788/16 De Geoffroy and Others v Parliament
Civil service — Officials — Leave — Adoption of the Parliament’s new Guidelines on leave management — Individual decisions taken under the new guidelines in the interpretation services — Obligation to state reasons — Manifest error of assessment — Interests of the service — Plea of illegality
Case T-905/16 Chefaro Ireland v EUIPO – Laboratoires M&L (NUIT PRECIEUSE)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark NUIT PRECIEUSE — Earlier national word mark EAU PRECIEUSE — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 12 September 2018 ECLI:EU:T:2018:527 (Appeal: Case before the Court of Justice C-739/18 P) |
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Case T-112/17 Pelikan v EUIPO – NBA Properties (NEW ORLEANS PELICANS)
EU trade mark — Opposition proceedings — Application for EU figurative mark NEW ORLEANS PELICANS — Earlier EU word marks and earlier national figurative mark Pelikan — Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001
Case T-257/17 RE v Commission
Action for annulment and damages — Access to documents — Regulation (EC) No 1049/2001 — Implied refusal of access — No need to adjudicate — Explicit refusal of access — Modification of the form of order — Article 86(4)(a) and (b) of the Rules of Procedure — Article 76(d) of the Rules of Procedure — Inadmissibility
Case T-584/17 Primart v EUIPO – Bolton Cile España (PRIMART Marek Łukasiewicz)
EU trade mark — Opposition proceedings — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national work marks PRIMA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 12 September 2018 ECLI:EU:T:2018:530 (Appeal: Case before the Court of Justice C-702/18 P) |
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Case T-715/14 Rosneft and Others v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Obligation to state reasons — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Partnership and Cooperation Agreement between the European Union and Russia — Right to property — Equal treatment — Proportionality — Misuse of powers — Legal certainty
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Judgment of the General Court (Sixth Chamber) of 13 September 2018 ECLI:EU:T:2018:544 (Appeal: Case before the Court of Justice C-732/18 P) |
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Case T-734/14 VTB Bank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity
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Judgment of the General Court (Sixth Chamber) of 13 September 2018 ECLI:EU:T:2018:542 (Appeal: Case before the Court of Justice C-729/18 P) |
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Case T-737/14 Vnesheconombank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Applicant’s name included in the list of entities to which the restrictive measures apply — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection — Misuse of powers — Right to property — Freedom to conduct a business — Equal treatment
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Judgment of the General Court (Sixth Chamber) of 13 September 2018 ECLI:EU:T:2018:543 (Appeal: Case before the Court of Justice C-731/18 P) |
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Case T-739/14 PSC Prominvestbank v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Inclusion of the name of the entity owning the applicant in the list of entities to which the restrictive measures apply — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection — Misuse of powers — Right to property — Freedom to conduct a business — Equal treatment
Case T-515/15 Almaz-Antey Air and Space Defence v Council
Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Retention of the applicant’s name on the list of entities to which the restrictive measures apply — Proportionality — Error of assessment — Obligation to state reasons — Fundamental rights
Case T-627/16 Czech Republic v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by the Czech Republic — Decoupled direct aid — Remote-sensing checks — Wine-growing sector — Cross-compliance — Reoccurrence of non-compliance
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Judgment of the General Court (Fifth Chamber) of 13 September 2018 ECLI:EU:T:2018:538 (Appeal: Case before the Court of Justice C-742/18 P) |
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Case T-94/17 ACTC v EUIPO – Taiga (tigha)
EU trade mark — Opposition proceedings — Application for the EU word mark tigha — Earlier EU word mark TAIGA — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) — Proof of genuine use of the earlier mark
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Judgment of the General Court (Ninth Chamber) of 13 September 2018 ECLI:EU:T:2018:539 (Appeal: Case before the Court of Justice C-714/18 P) |
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Case T-104/17 Apple v EUIPO – Apo International (apo)
EU trade mark — Opposition proceedings — Application for EU figurative mark apo — Earlier EU figurative mark representing an apple and earlier EU word marks APPLE — Relative grounds for refusal — Similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)
Case T-184/17 Leifheit v EUIPO (Representation of four green squares on weighing scales)
EU trade mark — Application for EU trade mark consisting of four green squares on a scale — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-418/17 Eduard Meier v EUIPO – Calzaturificio Elisabet (Safari Club)
EU trade mark — Opposition proceedings — Application for the EU word mark Safari Club — Earlier national figurative mark WS Walk Safari — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 13 September 2018 ECLI:EU:T:2018:540 |
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Joined Cases T-495/17 and T-496/17 Gratis iҫ ve Dis Ticaret v EUIPO (gratis)
EU trade mark — Applications for EU figurative marks gratis — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-819/17 WH v EUIPO
Civil service — Officials –– 2016 appraisal –– Deletion of certain comments from the appraisal report — Inadmissibility
Case T-93/17 Duferco Long Products v Commission
State aid — Steel sector — Aid granted by Belgium in favour of a number of undertakings in the steel sector — Decision declaring the aid incompatible with the internal market and ordering its recovery — Duty to state reasons — Notion of State aid — Advantage — Private investor test
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Judgment of the General Court (First Chamber) of 18 September 2018 ECLI:EU:T:2018:558 (Appeal: Case before the Court of Justice C-738/18 P) |
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Case T-664/17 eSlovensko v Commission
Action for annulment — Subsidies — Finding of irregularities — Commission decision imposing an administrative penalty — Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union for a period of two years — Registration in the early detection and exclusion system database — Challenge — Article 76(d) of the Rules of Procedure — Disregard of the procedural requirements — Inadmissibility
Case T-604/16 HD v Parliament
Civil service — Officials — Remuneration — Family allowances — Household allowance — Education allowance — Dependent child allowance — Conditions for granting — Deduction of an allowance of like nature received from another source — Recovery of undue payments — Decisions to end entitlement to certain allowances — Error of law — Manifest error of assessment
Case T-623/16 Volkswagen v EUIPO – Paalupaikka (MAIN AUTO WHEELS)
EU trade mark — Opposition proceedings — Application for EU figurative mark MAIN AUTO WHEELS — Earlier EU figurative marks VW — Absolute ground for refusal — No similarity of the signs — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001) — Obligation to state reasons — First sentence of Article 75 of Regulation No 207/2009 (now first sentence of Article 94(1) of Regulation 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 19 September 2018 ECLI:EU:T:2018:561 (Appeal: Case before the Court of Justice C-744/18 P) |
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Case T-39/17 Chambre de commerce et d'industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to preliminary investigations concerning schemes for State aid in the ports sector of all the Member States — Refusal to grant access — Exception relating to the protection of privacy and the integrity of the individual — Regulation (EC) No 45/2001 — Concept of privacy — Exception concerning the protection of the purpose of inspections, investigations and audits — Application of a general presumption — Overriding public interest
Case T-61/17 Selimovic v Parliament
Law governing the institutions — European Parliament — Psychological harassment — Decision of the President of the Parliament imposing on a Member of the European Parliament the penalty of a reprimand — Article 166 of the Rules of Procedure of the Parliament — Right to good administration — Right of access to the file — Obligation to state reasons — Legal certainty — Misuse of power — Non-contractual liability
Case T-652/17 Eddy's Snack Company v EUIPO – Chocoladefabriken Lindt & Sprüngli (Eddy's Snackcompany)
EU trade mark — Opposition proceedings — Application for EU word mark Eddy’s Snackcompany — Earlier national word mark TEDDY — Relative ground for refusal — Principle of ne ultra petita — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation (EU) No 2017/1001) — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-123/17 Exaa Abwicklungsstelle für Energieprodukte v ACER
Energy — Decision of the Board of Appeal of ACER — Rejection of the application to intervene — Direct and existing interest at the end of the procedure — Obligation to state reasons — Right to be heard
Case T-146/17 Mondi v ACER
Energy — Decision of the Board of Appeal of ACER — Rejection of the application to intervene — Direct and existing interest at the end of the procedure — Right to be heard
Case T-192/17 RZ v EESC and Comittee of the Regions
Civil service — Officials — [confidential] 1 Confidential information redacted. — Action for annulment and damages — No act adversely affecting an official
Case T-488/17 Ghost - Corporate Management v EUIPO (Dry Zone)
EU trade mark — Application for the EU word mark Dry Zone — Period for bringing an action — Lateness — Inadmissibility of the appeal brought before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — No force majeure or unforeseeable circumstances — Obligations of care and diligence — Legitimate expectations
Case T-668/17 Maico Holding v EUIPO – Eico (Eico)
EU trade mark — Opposition proceedings — Application for EU word mark Eico — Earlier EU word mark MAICO — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-815/17 Správa železniční dopravní cesty v Commission and INEA
Action for annulment — Financial assistance — Project of common interest in the field of trans-European transport and energy networks — Preliminary planning services for the new Dresden-Prague high-speed rail line — Decision on eligible costs — Incorrect identification of the defendant — Not directly affected — Inadmissibility
Case T-618/17 Activa Minoristas del Popular v ECB and SRB
Action for annulment — Economic and monetary policy — Adoption of a resolution scheme in respect of Banco Popular Español — Action for annulment — Association set up after the adoption of the contested measure — Lack of direct concern — Manifestly inadmissible
Case T-775/17 Estampaciones Rubí v Commission
Action for annulment and for failure to act — State aid — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility
Case T-10/16 GABO:mi v Commission
Arbitration clause — Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting reimbursement of part of the grants awarded — Debit note — Setting off of claims — Amendment of application — Admissibility — Eligibility of expenses — Funds held in trust — Duty to record costs in contractor’s accounts — Compliance with accounting rules in the State in which the contractor is established — Legal certainty — Legitimate expectations — Good governance — Transparency — Right to be heard — Proportionality
Case T-33/17 Amicus Therapeutics UK and Amicus Therapeutics v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by the EMA and submitted as part of the request for authorisation to place the medicinal product Galafold on the market — Decision to grant a third party access to a document — Exception relating to the protection of commercial interests — No general presumption of confidentiality
Case T-180/17 EM Research Organization v EUIPO – Christoph Fischer and Others (EM)
EU trade mark — Invalidity proceedings — EU word mark ‘EM’ — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Evidence produced for the first time before the General Court
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Judgment of the General Court (Second Chamber) of 25 September 2018 ECLI:EU:T:2018:591 (Appeal: Case before the Court of Justice C-728/18 P) |
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Case T-182/17 Novartis v EUIPO – Chiesi Farmaceutici (AKANTO)
EU trade mark — Opposition proceedings — Application for EU word mark AKANTO — Earlier EU word mark KANTOS — 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)
Case T-233/17 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Direct payments — POSEI programme — Exceeding of ceilings — Payment delays — First subparagraph of Article 11(1) of Regulation No 885/2006 — Double financial correction — Rights of the defence — Proportionality
Case T-328/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark BBQLOUMI — Prior EU collective word mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Rectification order of 17 September 2019 ECLI:EU:T:2019:662 |
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Judgment of the General Court (Second Chamber) of 25 September 2018 ECLI:EU:T:2018:594 (Appeal: Case before the Court of Justice C-766/18 P) |
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Case T-384/17 Cyprus v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark — Opposition proceedings — Application for EU figurative mark BBQLOUMI — Prior United Kingdom word certification mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 25 September 2018 ECLI:EU:T:2018:593 (Appeal: Case before the Court of Justice C-767/18 P) |
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Case T-435/17 Grendene v EUIPO – Hipanema (HIPANEMA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark HIPANEMA — Earlier figurative EU and national trade marks Ipanema and iPANEMA — Relative ground for refusal — No similarity between the goods — Aesthetically complementary nature — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-457/17 Medisana v EUIPO (happy life)
EU trade mark — Application for the EU word mark happy life — No distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001)
Case T-463/16 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Area-related aids — Reductions and exclusions for failure to comply with the rules on cross compliance — Regulation (EC) No 73/2009 — Regulation (EC) No 1122/2009 — Regulation (EC) No 885/2006 — Proportionality
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Judgment of the General Court (Fourth Chamber) of 26 September 2018 ECLI:EU:T:2018:606 (Appeal: Case before the Court of Justice C-737/18 P) |
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Case T-589/16 HS v EIB
Civil service — EIB staff — Transfer of pension rights — Amount transferred — Non-contractual liability — Pre-litigation procedure — Conciliation procedure before the EIB — Reasonable period — Manifest inadmissibility
Case T-70/17 TenneT Holding v EUIPO – Ngrid Intellectual Property (NorthSeaGrid)
EU trade mark — Opposition proceedings — Application for EU figurative mark NorthSeaGrid — Earlier EU word and figurative marks nationalgrid — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-116/17 Spiegel-Verlag Rudolf Augstein and Sauga v ECB
Access to documents — Decision 2004/258/EC — Documents concerning the public debt and the budget deficit of an EU Member State — Refusal of access — Exceptions relating to the economic policy of the European Union and of a Member State
Case T-219/17 M J Quinlan & Associates v EUIPO – Intersnack Group (Shape of a kangaroo)
EU trade mark — Revocation proceedings — Three-dimensional trade mark in the shape of a kangaroo — Declaration of revocation — Genuine use of the mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use — Nature of use
Case T-448/17 Sevenfriday v EUIPO – Seven (SEVENFRIDAY)
EU trade mark — Opposition proceedings — Application for EU word mark SEVENFRIDAY — Earlier EU word mark SEVEN — 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)
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Judgment of the General Court (Fourth Chamber) of 27 September 2018 ECLI:EU:T:2018:617 (Appeal: Case before the Court of Justice C-734/18 P) |
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Case T-449/17 Sevenfriday v EUIPO – Seven (SEVENFRIDAY)
EU trade mark — Opposition proceedings — Application for EU word mark SEVENFRIDAY — Earlier EU word mark SEVEN — International registration designating the European Union — Earlier figurative mark 7SEVEN — 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)
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Judgment of the General Court (Fourth Chamber) of 27 September 2018 ECLI:EU:T:2018:612 (Appeal: Case before the Court of Justice C-733/18 P) |
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Case T-472/17 Wilhelm Sihn jr. v EUIPO – in-edit (Camele'on)
EU trade mark — Opposition proceedings — Application for EU figurative mark Camele’on — Earlier international and national word marks CHAMELEON — Relative ground for refusal — No similarity — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-595/17 Demp v EUIPO (Combination of the colours yellow and grey)
EU trade mark — Application for an EU trade mark consisting of a combination of the colours yellow and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-712/17 Ntolas v EUIPO – General Nutrition Investment (GN Laboratories)
EU trade mark — Opposition proceedings — Application for EU word mark GN Laboratories — Earlier EU word mark GNC — 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)
Case T-825/17 Carbon System Verwaltungs v EUIPO (LIGHTBOUNCE)
EU trade mark — Application for the EU word mark LIGHTBOUNCE — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-708/17 OPS Újpest v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Period allowed for commencing proceedings — Delay — Inadmissibility
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Order of the General Court (Seventh Chamber) of 28 September 2018 ECLI:EU:T:2018:632 (Appeal: Case before the Court of Justice C-741/18 P) |
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Case T-709/17 M-Sansz v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Concept of ‘party concerned’ — No individual concern — Inadmissibility
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Order of the General Court (Seventh Chamber) of 28 September 2018 ECLI:EU:T:2018:633 (Appeal: Case before the Court of Justice C-757/18 P) |
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Case T-710/17 Lux-Rehab Non-Profit v Commission
Action for annulment — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Preliminary examination procedure — Alleged Commission decisions declaring the aid measure compatible with the internal market — Concept of ‘party concerned’ — No individual concern — Inadmissibility
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Order of the General Court (Seventh Chamber) of 28 September 2018 ECLI:EU:T:2018:630 (Appeal: Case before the Court of Justice C-747/18 P) |
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Case T-713/17 Motex v Commission
Action for annulment — State Aid — Aid implemented by Hungary in favour of undertakings which have employed persons with disabilities — Preliminary review procedure — Decisions allegedly taken by the Commission declaring the aid to be compatible with the internal market — Concept of party concerned — Lack of individual concern — Inadmissibility
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Order of the General Court (Seventh Chamber) of 28 September 2018 ECLI:EU:T:2018:631 (Appeal: Case before the Court of Justice C-748/18 P) |
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October 2018
Case T-128/14 Daimler v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the procedure initiated pursuant to Article 29 of Directive 2007/46/EC allowing a Member State to refuse to register vehicles that present a serious risk to road safety or seriously harm the environment or public health — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Aarhus Convention — Refusal to grant access to the file — Article 41 of the Charter of Fundamental Rights
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 4 October 2018
ECLI:EU:T:2018:643 |
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Case T-17/17 Constantinescu v Parliament
Civil service — Officials — Education — Admission to childcare facilities — Decision to enrol a child in childcare facilities other than those where he was previously enrolled — Mistaken designation of the defendant in the application — Inadmissibility — Liability
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 4 October 2018
ECLI:EU:T:2018:645 |
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Case T-150/17 Asolo v EUIPO – Red Bull (FLÜGEL)
European Union trade mark — Invalidity proceedings — European Union word mark FLÜGEL — Earlier national word marks …VERLEIHT FLÜGEL and RED BULL VERLEIHT FLÜÜÜGEL — Relative grounds for refusal — Extinction of rights due to acquiescence — Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) — Absence of likelihood of confusion — Absence of similarity between the goods — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 8(1) of Regulation No 207/2009 (now Article 8(1) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 4 October 2018
ECLI:EU:T:2018:641 |
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Case T-43/16 1&1 Telecom v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Acts against which no action may be brought — Inadmissibility
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 October 2018
ECLI:EU:T:2018:660 |
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Case T-621/17 R Taminco v EFSA
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Publication of the conclusion of the examination carried out by EFSA on the review of the approval of the active substance thiram — Claim for confidential treatment of certain sections — Refusal to grant confidentiality — Application for interim measures — Lack of urgency
Language of the case: English
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Order of the President of the General Court of 12 October 2018 (Extracts)
ECLI:EU:T:2018:763 |
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Case T-7/17 John Mills v EUIPO – Jerome Alexander Consulting (MINERAL MAGIC)
EU trade mark — Opposition proceedings — Application for EU word mark MINERAL MAGIC — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 (now Article 8(3) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Second Chamber) of 15 October 2018
ECLI:EU:T:2018:679 (Appeal: Case before the Court of Justice C-809/18 P) |
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Case T-364/16 ArcelorMittal Tubular Products Ostrava and Others v Commission
Dumping — Imports of certain seamless pipes and tubes of iron or steel originating in China — Modification of the TARIC additional code for a company — Action for annulment — Challengeable act — Whether directly concerned — Individual concern — Admissibility — Effect of a judgment annulling a decision — Rule of equivalence of form
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 18 October 2018
ECLI:EU:T:2018:696 |
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Case T-387/16 Terna v Commission
Financial aid — Projects of common interest in the field of trans-European energy networks — Determination of the final amount of the financial aid — Audit report identifying irregularities — Ineligible costs — Obligation to state reasons — Legitimate expectations — Proportionality
Language of the case: Italian
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Judgment of the General Court (Fifth Chamber) of 18 October 2018
ECLI:EU:T:2018:699 (Appeal: Case before the Court of Justice C-812/18 P) |
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Case T-640/16 GEA Group v Commission
Competition — Agreements, decisions and concerted practices — Heat stabilisers — Decision establishing an infringement of Article 81 EC — Decision amending the initial decision — Action for annulment — Interest in bringing proceedings — Admissibility — Fines — 10% ceiling — Group of companies — Equal treatment
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 18 October 2018
ECLI:EU:T:2018:700 (Appeal: Case before the Court of Justice C-823/18 P) |
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Case T-567/16 McCoy v Comittee of the Regions
Civil service — Officials — Social security — Occupational disease — Occupational origin of the disease — Fifth paragraph of Article 78 of the Staff Regulations — Invalidity Committee — Obligation to state reasons — Manifest error of assessment — Liability — Non-material damage
Language of the case: French
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Judgment of the General Court (Second Chamber) of 23 October 2018
ECLI:EU:T:2018:708 |
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Case T-435/12 Bacardi v EUIPO – Palírna U zeleného stromu (42 BELOW)
EU trade mark — Opposition proceedings — Application for the EU figurative mark 42 BELOW — Non-registered earlier national figurative mark VODKA 42 — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Use in the course of trade — Application of national law by EUIPO
Language of the case: English
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Judgment of the General Court (First Chamber) of 24 October 2018
ECLI:EU:T:2018:715 |
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Case T-447/16 Pirelli Tyre v EUIPO – Yokohama Rubber (Representation of an L-shaped groove)
EU trade mark — Invalidity proceedings — EU figurative mark representing an L-shaped groove — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 40/94 — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) — Regulation (EU) 2015/2424 — Application of the law ratione temporis — Shape of the goods — Nature of the sign — Account taken of material relevant to identifying the essential characteristics of the sign — General interest underlying Article 7(1)(e)(ii) of Regulation No 40/94
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 24 October 2018
ECLI:EU:T:2018:709 (Appeal: Case before the Court of Justice C-818/18 P) (Appeal: Case before the Court of Justice C-6/19 P) |
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Case T-29/17 RQ v Commission
Civil service — Officials — Director-General of OLAF — Decision waiving the applicant’s immunity from legal proceedings — Lis pendens — Act adversely affecting a person — Obligation to state reasons — Duty of assistance and duty to have regard to the welfare of officials — Legitimate expectations — Rights of the defence
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 24 October 2018
ECLI:EU:T:2018:717 (Appeal: Case before the Court of Justice C-831/18 P) |
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Case T-286/15 KF v SatCen
Actions for annulment and for compensation — SatCen staff — Members of the contract staff — Jurisdiction of the EU judicature — Common foreign and security policy — Article 24 TEU — Articles 263, 268, 270 and 275 TFEU — Article 47 of the Charter of Fundamental Rights — Equal treatment — Decisions 2014/401/CFSP and 2009/747/CFSP — SatCen’s Appeals Board — Plea of illegality — Request for assistance — Manner in which the administrative investigation was carried out — Suspension — Disciplinary proceedings — Removal — Principle of sound administration — Requirement of impartiality — Right to be heard — Access to the file — Non-contractual liability — Premature claim for damages — Non-material damage
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 25 October 2018
ECLI:EU:T:2018:718 (Appeal: Case before the Court of Justice C-14/19 P) |
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Case T-334/16 P FN and Others v CEPOL
Appeal — Civil service — Temporary staff — Transfer of CEPOL’s seat in Bramshill (United Kingdom) to Budapest (Hungary) — Reassignment of staff — Act not open to challenge — Inadmissibility of the action before the Civil Service Tribunal
Language of the case: English
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Judgment of the General Court (Appeal Chamber) of 25 October 2018
ECLI:EU:T:2018:723 |
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Case T-729/16 PO and Others v EEAS
Civil service – EEAS – Remuneration – Officials posted to the Beijing delegation – Family allowances – Education allowance for 2015/2016 – Second sentence of Article 15 of Annex X to the Staff Regulations – Exceedance of the statutory ceiling for third countries – Decision to cap the reimbursement of education costs in exceptional circumstances – General Implementing Provisions
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 25 October 2018
ECLI:EU:T:2018:721 |
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Case T-122/17 Devin v EUIPO – Haskovo (DEVIN)
EU trade mark — Cancellation proceeding — European Union word mark DEVIN — Absolute ground for refusal — Descriptive character — Geographical name — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 25 October 2018
ECLI:EU:T:2018:719 (Appeal: Case before the Court of Justice C-800/18 P) |
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Information (on unpublished decisions)
Case T-186/17 Unipreus v EUIPO – Wallapop (wallapop)
EU trade mark — Opposition proceedings — Application for EU figurative mark wallapop — Prior national figurative mark wala w — 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) — Similarity of the services
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Judgment of the General Court (Sixth Chamber) of 3 October 2018 ECLI:EU:T:2018:640 (Appeal: Case before the Court of Justice C-763/18 P) |
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Case T-313/17 Wajos v EUIPO (Form of a container)
EU trade mark — Application for a three-dimensional trade mark — Form of a container — Absolute ground for refusal — Distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 3 October 2018 ECLI:EU:T:2018:638 (Appeal: Case before the Court of Justice C-783/18 P) |
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Case T-33/18 Pracsis and Conceptexpo Project v Commission and EACEA
Action for annulment and for damages — Public service contracts — Administrative appeal before the Commission — Purely confirmatory act — Deadline for bringing an appeal — Act not open to challenge — Inadmissibility
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Order of the General Court (Second Chamber) of 3 October 2018 ECLI:EU:T:2018:656 (Appeal: Case before the Court of Justice C-794/18 P) |
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Case T-272/16 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Hellenic Republic — Flat-rate financial corrections — Specific financial corrections — Area-related aid scheme — Concept of permanent pasture — Conditions for imposing a flat-rate correction of 25% — Flat-rate correction of 10% — Flat-rate correction of 5% — Article 31(4) of Regulation (EC) No 1290/2005 — Key controls — Ancillary controls — Multiannual measures — Long-term projects
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Judgment of the General Court (Third Chamber) of 4 October 2018 ECLI:EU:T:2018:651 (Appeal: Case before the Court of Justice C-797/18 P) |
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Case T-328/16 Paice v EUIPO – Blackmore (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — No likelihood of misrepresentation
Case T-344/16 Blackmore v EUIPO – Paice (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — No likelihood of misrepresentation — Article 177(1)(d) of the Rules of Procedure of the General Court — Inadmissibility
Case T-345/16 Blackmore v EUIPO – Paice (DEEP PURPLE)
EU trade mark — Opposition proceedings — Application for the EU word mark DEEP PURPLE — Earlier non-registered mark DEEP PURPLE — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law action for passing-off — Goodwill — Breach of formal requirements — Article 177(1)(d) of the Rules of Procedure of the General Court — Inadmissibility
Case T-546/16 Tataram v Commission
Civil service — Officials — Adjustment of remuneration — Regulation (EU) No 423/2014 — Salary slip — Time-limit for bringing an action — Out of time — Inadmissibility
Case T-615/16 PD v EIB
Civil service — Personnel of the EIB — Psychological harassment — Total and permanent disability — Application for recognition of the occupational origin of a disease — Action brought before the closure of the procedure for recognition of the occupational origin of a disease — Inadmissibility
Case T-914/16 Proof IT v EIGE
Public service contracts — Tender procedure — Request for services that were split into two lots — Management consultancy services — Maintenance and updating of statistical tools and resources — Rejection of the tender submitted by a tenderer — Award criteria — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-506/17 Makhlouf v Council
Action for annulment — Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-736/17 Lincoln Global v EUIPO (FLEXCUT)
EU trade mark — Application for EU word mark FLEXCUT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-820/17 Frinsa del Noroeste v EUIPO – Alimentos Friorizados (Alfrisa)
EU trade mark — Opposition proceedings — Application for EU figurative mark Alfrisa — Earlier EU figurative mark Frinsa F — 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)
Case T-884/16 Multiconnect v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Measures against which no action may be brought — Inadmissibility
Case T-885/16 Mass Response Service v Commission
Action for annulment — Competition — Concentrations — Retail market for mobile telecommunications services and market for wholesale access and call origination in Germany — Acquisition of E-plus by Telefónica Deutschland — Decision declaring the concentration to be compatible with the internal market and the EEA Agreement — Implementation of the non-MNO component of the Final Commitments — Acts against which no action may be brought — Inadmissibility
Case T-632/17 Erdősi Galcsikné v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 — Refusal of access — Article 4(2) third indent of Regulation No 1049/2001 — Exception relating to protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
Case T-633/17 Sárossy v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the procedure EU Pilot No 8572/16 CHAP(2015) 00353 — Refusal to grant access — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
Case T-634/17 Pint v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 — Refusal of access — Article 4(2) third indent of Regulation No 1049/2001 — Exception relating to protection of the purpose of investigations — General presumption of confidentiality — Overriding public interest
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Judgment of the General Court (First Chamber) of 9 October 2018 ECLI:EU:T:2018:662 (Appeal: Case before the Court of Justice C-770/18 P) |
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Case T-697/17 De Longhi Benelux v EUIPO (COOKING CHEF GOURMET)
EU trade mark — Application for the EU word mark COOKING CHEF GOURMET — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and Article 7(2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 7(2) of Regulation (EU) 2017/1001)
Case T-93/16 Rheinmetall Waffe Munition v EUIPO (VANGUARD)
EU trade mark — International registration designating the European Union — Word mark VANGUARD — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) No 2017/1001)
Case T-24/17 LA Superquimica v EUIPO – D-Tack (D-TACK)
EU trade mark — Opposition proceedings — Application for EU word mark D-TACK — Earlier national word mark TACK — Proof of genuine use of the earlier mark — Use under a different form — Opposition dismissed — Point (a) of the second subparagraph of Article 15(1) and Article 42(2) and (3) of Regulation (EC) No 207/2009 (now point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) — Rule 20(1) of Regulation (EC) No 2868/1995 (now Article 8(1) and (7) of Delegated Regulation (EU) 2018/625)
Case T-374/17 Cuervo y Sobrinos 1882 v EUIPO – A. Salgado Nespereira (Cuervo y Sobrinos LA HABANA 1882)
EU trade mark — Invalidity proceedings — EU figurative mark Cuervo y Sobrinos LA HABANA 1882 — Earlier national word marks CUERVO Y SOBRINO — Relative ground for refusal — Similarity of the goods — Similarity of the signs — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 10 October 2018 ECLI:EU:T:2018:669 (Appeal: Case before the Court of Justice C-780/18 P) |
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Case T-561/17 L-Shop-Team v EUIPO (bags2GO)
EU trade mark — Application for the EU figurative mark bags2GO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) No 2017/1001)
Case T-120/17 M&T Emporia Ilektrikon-Ilektronikon Eidon v EUIPO (fluo.)
EU trade mark — Application for EU figurative mark fluo. — Partial rejection of the application for registration — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-79/16 Vereniging Gelijkberechtiging Grondbezitters and Others v Commission
State aid — Aid scheme relating to the subsidised acquisition or free granting of nature land — Decision declaring the aid compatible with the internal market at the end of the preliminary examination stage — No formal investigation procedure — Locus standi — Notion of interested party — Admissibility — Infringement of procedural rights — Serious difficulties — Substantial effect on the competitive position of the competing undertakings
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Judgment of the General Court (Second Chamber) of 15 October 2018 ECLI:EU:T:2018:680 (Appeal: Case before the Court of Justice C-817/18 P) |
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Case T-164/17 Apple and Pear Australia and Star Fruits Diffusion v EUIPO – Pink Lady America (WILD PINK)
EU trade mark — Opposition proceedings — Application for EU word mark WILD PINK — Earlier EU and national word marks PINK LADY — Earlier EU figurative marks Pink Lady — 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) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-444/17 CompuGroup Medical v EUIPO – Medion (life coins)
EU trade mark — Opposition proceedings — Application for EU word mark life coins — Earlier EU word mark LIFE — 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)
Case T-605/16 OY v Commission
Civil service — Members of the contract staff — Article 3b of the CEOS — Recruitment — Classification in grade — Account taken of professional experience — General Implementing Provisions for Article 79(2) of the CEOS
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Judgment of the General Court (Fourth Chamber) of 16 October 2018 ECLI:EU:T:2018:687 (Appeal: Case before the Court of Justice C-816/18 P) |
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Case T-10/17 Proof IT v EIGE
Public service contracts — Tender procedure — Request for services that were split into two lots — Website services — Rejection of the tender submitted by a tenderer — Award criteria — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability
Case T-171/17 M & K v EUIPO – Genfoot (KIMIKA)
EU trade mark — Opposition proceedings — Application for EU word mark KIMIKA — Earlier EU word mark KAMIK — Relative grounds 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) — Genuine use — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-548/17 VF International v EUIPO – Virmani (ANOKHI)
EU trade mark — Opposition proceedings — Application for EU figurative trade mark ANOKHI — Earlier EU figurative mark kipling — Earlier EU figurative mark representing the silhouette of a monkey — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 EU) — Damage to reputation — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-581/17 Asics v EUIPO – Van Lieshout Textielagenturen (Representation of four crossed lines)
EU trade mark — Opposition proceedings — Application for registration of the EU figurative mark representing four crossed lines — Obligation to state reasons — Article 75 and Article 76(1) of Regulation No 207/2009 (now Article 94 and Article 95(1) of Regulation 2017/1001) — No similarity between the signs — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Case T-644/17 DNV GL v EUIPO (Sustainablel)
European Union trade mark — Application for European Union word mark Sustainablel — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/2001)
Case T-8/17 Golden Balls v EUIPO – Les Éditions P. Amaury (GOLDEN BALLS)
EU trade mark — Opposition proceedings — Application for EU word mark GOLDEN BALLS — Earlier EU word mark BALLON D’OR — Relative ground for refusal — Unfair advantage taken of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EU) 2017/1001)
Case T-26/17 Jalkh v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Connection with the duties of a Member of the European Parliament — Equal treatment — Legal certainty — Legitimate expectations — Procedure for waiving immunity — Rights of defence — Misuse of powers — Non-contractual liability
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Judgment of the General Court (Seventh Chamber) of 17 October 2018 ECLI:EU:T:2018:690 (Appeal: Case before the Court of Justice C-792/18 P) |
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Case T-27/17 Jalkh v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Legal certainty — Legitimate expectation — Procedure for waiving immunity — Rights of the defence — Abuse of power — Non-contractual liability
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Judgment of the General Court (Seventh Chamber) of 17 October 2018 ECLI:EU:T:2018:689 (Appeal: Case before the Court of Justice C-793/18 P) |
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Case T-788/17 Szabados v EUIPO – Sociedad Española de Neumología y Cirugía Torácica (Separ) (MicroSepar)
EU trade mark — Opposition proceedings — Application for EU word mark MicroSepar — Earlier EU figurative mark SeparSolidaria — 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)
Case T-822/17 Weber-Stephen Products v EUIPO (iGrill)
EU trade mark — Application for the EU word mark iGrill — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-109/17 FCA US v EUIPO – Busbridge (VIPER)
EU trade mark — Invalidity proceedings — EU word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark — Goods for which the earlier mark has been used — Extent of use of the earlier mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 18 October 2018 ECLI:EU:T:2018:697 (Appeal: Case before the Court of Justice C-795/18 P) |
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Case T-367/17 Linak v EUIPO – ChangZhou Kaidi Electrical (Electrically operated lifting column)
Community design — Invalidity proceedings — Registered Community design representing an electrically operated lifting column — Earlier Community design — Ground for invalidity — No individual character — Informed user — No different overall impression — Article 6 of Regulation (EC) No 6/2002
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Judgment of the General Court (Fifth Chamber) of 18 October 2018 ECLI:EU:T:2018:694 (Appeal: Case before the Court of Justice C-821/18 P) |
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Case T-368/17 Linak v EUIPO – ChangZhou Kaidi Electrical (Electrically operated lifting column)
Community design — Invalidity proceedings — Registered Community design representing an electrically operated lifting column — Earlier Community design — Ground for invalidity — No individual character — Informed user — No different overall impression — Article 6 of Regulation (EC) No 6/2002
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Judgment of the General Court (Fifth Chamber) of 18 October 2018 ECLI:EU:T:2018:695 (Appeal: Case before the Court of Justice C-820/18 P) |
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Case T-533/17 Next design+produktion v EUIPO – Nanu-Nana Joachim Hoepp (nuuna)
European Union trade mark — Opposition proceedings — Application for EU figurative mark — Earlier EU word marks NANU and NANU-NANA — Relative ground for refusal — Assessment of the likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 [now Article 8(1)(b) of Regulation (EU) 2017/1001] — Complementarity of the goods — Principles of autonomy and independence of the EU trade mark — Principles of compliance with the law and sound administration — Legal certainty
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Judgment of the General Court (Seventh Chamber) of 18 October 2018 ECLI:EU:T:2018:698 (Appeal: Case before the Court of Justice C-819/18 P) |
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Case T-672/17 Mamas and Papas v EUIPO – Wall-Budden (Cot bumper)
Community design — Invalidity proceedings — Registered Community design representing a cot bumper — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Principle of functional continuity — Insufficient evidence to establish disclosure
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Judgment of the General Court (Second Chamber) of 23 October 2018 ECLI:EU:T:2018:707 (Appeal: Case before the Court of Justice C-825/18 P) |
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Case T-299/15 Nova v Commission
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Judgment of the General Court (Fourth Chamber) of 24 October 2018 ECLI:EU:T:2018:713 |
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Case T-477/16 Epsilon International v Commission
Arbitration clause — Contracts concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Interest in bringing proceedings — Eligible costs — Suspension of payment — Application for annulment — Decision to register the applicant in the central database of the Early Detection and Exclusion System (EDES) — Act not open to challenge — Inadmissibility
Case T-63/17 Grupo Orenes v EUIPO – Akamon Entertainment Millenium (Bingo VIVA ! Slots)
European Union trade mark — Opposition proceedings — Application for European Union figurative mark Bingo VIVA ! Slots — Earlier European Union figurative mark vive bingo — 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) — Subject matter of the dispute
Case T-162/17 RENV Fernández González v Commission
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Judgment of the General Court (Seventh Chamber) of 24 October 2018 ECLI:EU:T:2018:711 |
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Case T-261/17 Bayer v EUIPO – Uni-Pharma (SALOSPIR)
EU trade mark — Opposition proceedings — Application for EU figurative mark SALOSPIR — Earlier EU figurative marks representing coloured stripes and earlier national marks Aspirin — Relative grounds for refusal — Similarity of the signs –– Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Reputation –– Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Use of a sign of more than mere local significance in the course of trade — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001)
Case T-400/17 Deza v Commission
Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property
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Judgment of the General Court (Second Chamber) of 24 October 2018 ECLI:EU:T:2018:712 (Appeal: Case before the Court of Justice C-813/18 P) |
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Case T-129/17 RENV DI v EASO
Civil service — EASO staff — Members of the contract staff — Fixed-term contract — Probationary period — Decision to dismiss at the end of the probationary period — Rule of correspondence between the application and the complaint — Liability
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Judgment of the General Court (Ninth Chamber) of 25 October 2018 ECLI:EU:T:2018:722 |
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Case T-359/17 Aldo Supermarkets v EUIPO – Aldi Einkauf (ALDI)
EU trade mark — Opposition procedure — Application for EU word mark ALDI — Earlier national figurative mark ALDO — Relative ground for refusal — Conditions governing admissibility of the opposition — Rule 15 of Regulation (EC) No 2868/95 (now Article 2 of Delegated Regulation (EU) 2018/625) — Conditions governing representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Lack of proof of genuine use of earlier mark — Article 42 of Regulation (EC) No 207/2009 (now Article 47 of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 25 October 2018 ECLI:EU:T:2018:720 (Appeal: Case before the Court of Justice C-822/18 P) |
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Case T-337/18 RII Laboratoire Pareva v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — New application — No new facts — Inadmissibility
Case T-347/18 RII Laboratoire Pareva and Biotech3D v Commission
Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — New application — No new facts — Inadmissibility
Case T-419/18 R Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Application for interim measures — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of certain information in a decision finding an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case
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Order of the President of the General Court of 25 October 2018 ECLI:EU:T:2018:726 (Appeal: Case before the Court of Justice C-4/19 P(R)) |
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Case T-420/18 R JPMorgan Chase and Others v Commission
Application for interim measures — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of a decision establishing an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case
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Order of the President of the General Court of 25 October 2018 ECLI:EU:T:2018:724 (Appeal: Case before the Court of Justice C-1/19 P(R)) |
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Case T-590/18 R Antonakopoulos v Parliament
Application for interim measures — Civil service — Officials — Suspension of an official from duties without withholding remuneration — Application for suspension of operation of a measure — Damage to reputation — No urgency
Case T-591/18 R ZD v Parliament
Application for interim measures — Civil service — Officials — Suspension of an official from duties without withholding remuneration — Application for suspension of operation of a measure — Damage to reputation — No urgency
Case T-603/18 R ZE v Parliament
Interim measures — Civil service — Officials — Suspension of an official without the withholding of remuneration — Application for interim measures — Damage to reputation — No urgency
November 2018
Case T-717/17 Chioreanu v ERCEA
Action for annulment — ERCEA — ‘Horizon 2020 Framework Programme for Research and Innovation’ — Decision rejecting the request for review of evaluation of the research proposal — Administrative appeal before the Commission — Dismissal of the administrative appeal — Incorrect designation of the defendant — Application for an order — Manifest inadmissibility
Language of the case: Romanian
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Order of the General Court (Ninth Chamber) of 6 November 2018
ECLI:EU:T:2018:765 |
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Case T-544/13 RENV Dyson v Commission
Directive 2010/30/EU — Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products — Commission delegated regulation supplementing the directive — Energy labelling of vacuum cleaners — Essential element of an enabling act
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 8 November 2018
ECLI:EU:T:2018:761 |
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Case T-718/16 Mad Dogg Athletics v EUIPO – Aerospinning Master Franchising (SPINNING)
EU trade mark — Revocation proceedings — EU word mark SPINNING — Partial revocation — Article 51(1)(b) of Regulation (EC) No 207/2009 (now Article 58(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 8 November 2018
ECLI:EU:T:2018:758 |
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Case T-827/16 QB v ECB
Civil Service — Staff of the ECB — Appraisal — [2015] performance appraisal report — Opportunity to be accompanied by a trade union representative at the appraisal interview — Breach of the rules of objectivity and impartiality on the part of the appraiser — Remuneration — Decision not to award a salary increase — Admissibility of evidence — Email exchanged between a member of staff and her coach via an office email system — Liability
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 8 November 2018
ECLI:EU:T:2018:756 |
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Case T-454/17 "Pro NGO!" v Commission
Public procurement — Tender procedure — Investigation by private auditor — OLAF investigation — Finding of irregularities — Decision of the Commission imposing an administrative sanction on the applicant — Exclusion from procurement and grant award procedures covered by the general EU budget for a six-month period — Inclusion on the early detection and exclusion system database — New plea — Rights of the defence
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 8 November 2018
ECLI:EU:T:2018:755 |
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Joined Cases T-202/10 RENV II and T-203/10 RENV II Stichting Woonlinie and Others v Commission
State aid – Social housing – Aid scheme for social housing corporations – Existing aid – Commitments of the Member State – Decision declaring the aid compatible with the internal market – Article 17 of Regulation (EC) No 659/1999 – Service of general economic interest – Article 106(2) TFEU – Definition of public-service mission
Language of the case: Dutch
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 15 November 2018
ECLI:EU:T:2018:795 |
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Case T-207/10 Deutsche Telekom v Commission
State aid — Tax scheme allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its partial recovery — Provision enabling the scheme to continue to apply in part — Application for a declaration that there is no need to adjudicate — Continuing interest in bringing proceedings — Legitimate expectations — Precise assurances given by the Commission — Legitimacy of the expectation — Temporal scope of the legitimate expectation
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 15 November 2018
ECLI:EU:T:2018:786 |
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Case T-219/10 RENV World Duty Free Group v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 November 2018
ECLI:EU:T:2018:784 (Appeal: Case before the Court of Justice C-64/19 P) (Appeal: Case before the Court of Justice C-51/19 P) |
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Case T-399/11 RENV Banco Santander and Santusa v Commission
State aid — Provisions concerning corporate tax allowing companies which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 November 2018
ECLI:EU:T:2018:787 (Appeal: Case before the Court of Justice C-53/19 P) (Appeal: Case before the Court of Justice C-65/19 P) |
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Case T-316/14 PKK v Council
Common foreign and security policy — Restrictive measures imposed on the PKK with a view to combating terrorism — Freezing of funds — Powers of the Council — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Reference to terrorist acts — Judicial review — Obligation to state reasons — Plea of illegality
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 15 November 2018
ECLI:EU:T:2018:788 |
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Case T-487/14 CHEMK and KF v Commission
Dumping — Imports of ferro-silicon originating in Russia — Definitive anti-dumping duty — Expiry review — Determination of the export price — Single economic entity — Reflection of the anti-dumping duty in resale prices in the European Union — Application of a methodology different from that used in an earlier investigation — Continuation or recurrence of dumping and injury — Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EU) 2016/1036)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 (Extracts)
ECLI:EU:T:2018:792 |
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Case T-793/14 Tempus Energy and Tempus Energy Technology v Commission
State aid — United Kingdom capacity market — Aid scheme — Article 108(2) and (3) TFEU — Concept of doubts within the meaning of Article 4(3) or (4) of Regulation (EC) No 659/1999 — Guidelines on State aid for environmental protection and energy 2014-2020 — Decision not to raise any objections — No initiation of the formal investigation procedure — Procedural rights of interested parties
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 15 November 2018
ECLI:EU:T:2018:790 (Appeal: Case before the Court of Justice C-57/19 P) |
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Case T-494/17 Iccrea Banca v Commission and SRB
Action for annulment and damages — Economic and monetary union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Incorrect identification of the defendant — Period for bringing an action — Out of time — Hypothetical acts — Application for damages — Close connection with the application for annulment — Plea of illegality — Manifest inadmissibility
Language of the case: Italian
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Order of the General Court (Eighth Chamber) of 19 November 2018
ECLI:EU:T:2018:804 |
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Case T-545/11 RENV Stichting Greenpeace Nederland and PAN Europe v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the first authorisation of the placing on the market of the active substance ‘glyphosate’ — Partial refusal of access — Exception relating to the protection of the commercial interests of a third party — Article 4(5) of Regulation No 1049/2001 — Overriding public interest — Regulation (EC) No 1367/2006 — Article 6(1) of Regulation No 1367/2006 — Directive 91/414/EEC
Language of the case: English
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Order of the General Court (Fourth Chamber) of 7 June 2019
ECLI:EU:T:2019:400 |
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Judgment of the General Court (Fourth Chamber) of 21 November 2018
ECLI:EU:T:2018:817 |
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Case T-587/16 HM v Commission
Civil service – Officials – Recruitment – Competition notice EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time – Division of competences between EPSO and the competition selection board
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 21 November 2018
ECLI:EU:T:2018:818 (Appeal: Case before the Court of Justice C-70/19 P) |
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Case T-82/17 PepsiCo v EUIPO – Intersnack Group (Exxtra Deep)
EU trade mark — Invalidity proceedings — EU word mark Exxtra Deep — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 21 November 2018
ECLI:EU:T:2018:814 |
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Case T-603/16 Brahma v Court of Justice of the European Union
Civil service — Probationers — Probationary period — Extension of the probationary period — Dismissal after the end of the probationary period — Article 34 of the Staff Regulations — Misuse of powers — Obligation to state reasons — Article 25(2) of the Staff Regulations — Right to be heard — Article 90(2) of the Staff Regulations — Responsibility — Formal requirements — Rule of correspondence between complaint and action — Admissibility — Material harm — Non-material damage — Causal link
Language of the case: French
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Judgment of the General Court (Third Chamber) of 22 November 2018 (Extracts)
ECLI:EU:T:2018:820 |
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Case T-688/16 Janssen-Cases v Commission
Civil service — Officials — Recruitment — Vacancy notice — Commission’s mediator — Competent Appointing Authority — Delegation of powers — Procedure — Consultation of the Staff Committee — Responsibility
Language of the case: French
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 22 November 2018
ECLI:EU:T:2018:822 |
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Case T-31/17 Portugal v Commission
EAGF — Expenditure excluded from financing — Specific measures for the outermost regions — Article 12(c) of Regulation (EC) No 247/2006 — Technical assistance — Checks — Procedural safeguards — Legitimate expectations
Language of the case: Portuguese
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Judgment of the General Court (Ninth Chamber) of 22 November 2018
ECLI:EU:T:2018:830 |
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Case T-458/17 Shindler and Others v Council
Action for annulment — Institutional law — Withdrawal of the United Kingdom from the EU — Agreement setting out the arrangements for withdrawal — Article 50 TEU — Council Decision authorising the opening of negotiations with the United Kingdom with a view to conclusion of that agreement — UK citizens residing in another EU Member State — Preparatory act — Act not open to challenge — Lack of direct concern — Inadmissibility
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 26 November 2018
ECLI:EU:T:2018:838 (Appeal: Case before the Court of Justice C-755/18 P) |
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Joined Cases T-314/16 and T-435/16 VG v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents and information concerning a Commission decision to put an end to a ‘letter of agreement and membership of Team Europe’ — Refusal of access — Exception relating to the protection of privacy and to the protection of individuals — Protection of personal data — Regulation (EC) No 45/2001 — Refusal to transfer data — Articles 7, 47 and 48 of the Charter of Fundamental Rights — Non-contractual liability
Language of the case: French
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Judgment of the General Court (First Chamber) of 27 November 2018
ECLI:EU:T:2018:841 |
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Case T-829/16 Mouvement pour une Europe des nations et des libertés v Parliament
Institutional law — European Parliament — Decision declaring certain expenditure by a political party ineligible for a grant in respect of financial year 2015 — Right to good administration — Legal certainty — Regulation (EC) No 2004/2003 — Prohibition on indirect funding of a national political party
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 27 November 2018
ECLI:EU:T:2018:840 (Appeal: Case before the Court of Justice C-60/19 P) |
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Case T-315/17 Hebberecht v EEAS
Civil service — Officials — EEAS — Posting — Position of Head of Delegation of the European Union to Ethiopia — Decision refusing to extend the posting — Interests of the service — Obligation to state reasons — Equal treatment
Language of the case: French
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Judgment of the General Court (First Chamber) of 27 November 2018
ECLI:EU:T:2018:842 (Appeal: Case before the Court of Justice C-93/19 P) |
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Information (on unpublished decisions)
Case T-560/17 Fortischem v Parliament and Council
Action for annulment — Environment — Regulation (EU) 2017/852 — Protection of human health and the environment — Prohibition on chlor-alkali production using mercury as an electrode — Article 263, fourth paragraph, TFEU — Act not of individual concern — Inadmissibility
Case T-34/16 Lithuania v Commission
EAGF — Expenditure excluded from financing — Specific support for the bovine and ovine meat sectors — On-site inspections — Physical verification of the animals — Quality of the inspections — Inspection report — Flat-rate correction — Obligation to state reasons — Proportionality — One-off correction
Case T-724/16 P Cocchi and Falcione v Commission
Appeal — Civil service — Transfer of national pension rights — Article 24 of the Staff Regulations — Duty of the European Union to provide assistance — Loss of interest of the applicants in bringing proceedings during the course of the proceedings — No need to adjudicate at first instance — Causation
Case T-874/16 RA v Court of Auditors
Civil service — Officials — Promotion — 2016 promotion exercise — Decision not to promote the applicant to grade AD 11 — No staff report — Comparison of merits
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Judgment of the General Court (Third Chamber) of 8 November 2018 ECLI:EU:T:2018:757 (Appeal: Case before the Court of Justice C-27/19 P) |
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Case T-550/17 Troszczynski v Parliament
Law governing the institutions — Member of the European Parliament — Privileges and immunities — Decision to lift parliamentary immunity — Activity unconnected to the functions of a Member — Procedure for lifting immunity — Non-contractual liability — Damage — Causal link
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Judgment of the General Court (Sixth Chamber) of 8 November 2018 ECLI:EU:T:2018:754 (Appeal: Case before the Court of Justice C-12/19 P) |
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Case T-758/17 Perfect Bar v EUIPO (PERFECT BAR)
EU trade mark — Application for EU word mark PERFECT BAR — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-759/17 Perfect Bar v EUIPO (PERFECT Bar)
EU trade mark — Application for EU word mark PERFECT BAR — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-658/17 Stichting Against Child Trafficking v Commission
Action for annulment and for failure to act — Legal person informing OLAF of potentially reprehensible conduct — OLAF’s decision not to open an investigation — Measure not open to challenge — Inadmissibility — Costs — Equity — Article 135(1) of the Rules of Procedure
Case T-44/17 Camomilla v EUIPO – CMT (CAMOMILLA)
EU trade mark — Invalidity proceedings — EU word mark CAMOMILLA — Earlier national figurative mark CAMOMILLA — Rejection in part of the application for a declaration of invalidity — Relative ground for refusal — Likelihood of confusion — Genuine use of the earlier trade mark — Evidence — Counterclaim — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Article 57(2) and (3) of Regulation No 207/2009 (now Article 64(2) and (3) of Regulation 2017/1001)
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Judgment of the General Court (First Chamber) of 13 November 2018 ECLI:EU:T:2018:775 (Appeal: Case before the Court of Justice C-68/19 P) |
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Case T-241/17 Poland v Commission
EAGF and EAFRD — Expenditure excluded from financing — Implementing Regulation (EU) No 585/2011 — Temporary exceptional support measures for the fruit and vegetable sector following a deadly enterohaemorrhagic Escherichia coli (E. coli) outbreak — Non-harvesting operations — Extent of the compensation in favour of producers who performed such operations — Expenditure incurred by Poland — Obligation to state reasons
Case T-830/17 Szentes v Commission
Civil service — Officials — Recruitment — Competition notice — Open competition — Admission conditions — Professional experience — Selection board’s decision not to allow the applicant to sit the competition — Request for review — Plea of illegality — Obligation to state reasons — Distortion of information in the application form — Manifest error of assessment — Breach of the notice of competition
Case T-486/17 Foodterapia v EUIPO – Sperlari (DIETOX)
EU trade mark — Opposition proceedings — Application for EU figurative mark DIETOX — Earlier EU figurative mark Dietor — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-711/17 Spinoit v Commission and Others
Action for annulment and damages — Measure adopted by the Head of Section of the Delegation of the European Union to Algeria in the context of a public service contract — Decision requesting the replacement of the applicant as an expert — Termination of the agreement between the contracting company and the applicant further to that decision — No capacity as a defendant — Act not open to challenge — No sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Action manifestly inadmissible in part and manifestly lacking any foundation in law in part
Case T-793/17 Bruel v Commission and Others
Action for annulment and damages — Measure adopted by the Head of Section of the EU Delegation to Algeria in the context of a public procurement procedure for the provision of services — Decision requesting the replacement of the applicant as an expert — Termination of the agreement between the successful tendering company and the applicant following that decision — No capacity as defendant — Act not open to challenge — No sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-227/10 Banco Santander v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 ECLI:EU:T:2018:785 (Appeal: Case before the Court of Justice C-52/19 P) |
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Case T-239/11 Sigma Alimentos Exterior v Commission
State aid — Corporate income tax provisions allowing companies domiciled in Spain to amortise the goodwill resulting from acquisitions of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Differential treatment — Justification of differential treatment
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 ECLI:EU:T:2018:781 (Appeal: Case before the Court of Justice C-50/19 P) |
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Case T-405/11 Axa Mediterranean v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 ECLI:EU:T:2018:780 (Appeal: Case before the Court of Justice C-54/19 P) |
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Case T-406/11 Prosegur Compañía de Seguridad v Commission
State aid — Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Selectivity — Reference system — Derogation — Difference in treatment — Justification of the difference in treatment — Undertakings benefiting from the measure — Legitimate expectations
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 ECLI:EU:T:2018:793 (Appeal: Case before the Court of Justice C-55/19 P) |
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Case T-113/15 RFA International v Commission
Dumping — Imports of ferro-silicon originating in Russia — Rejection of applications for a refund of anti-dumping duties paid — Determination of the normal value and the export price — Single economic entity — Reflection of the anti-dumping duty in resale prices in the European Union — Application of a methodology different from that used in an earlier investigation — Article 2(9) and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9) and Article 11(9) and (10) of Regulation (EU) 2016/1036) — Article 18.3.1 of the WTO anti-dumping agreement
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Judgment of the General Court (Ninth Chamber) of 15 November 2018 ECLI:EU:T:2018:783 (Appeal: Case before the Court of Justice C-56/19 P) |
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Case T-216/17 Mabrouk v Council
Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of State funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds — Maintenance of the applicant’s name on the list — Insufficient factual basis — Manifest error of assessment — Error of law — Principle of good administration — Reasonable time
Case T-546/17 Haufe-Lexware v EUIPO – Le Shi Holdings (Beijing) (Leshare)
EU trade mark — Opposition proceedings — Application for the EU word mark Leshare — Earlier international word mark LEXWARE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs
Case T-809/17 Intercontact Budapest v CdT
Action for annulment — Public service contracts — Tendering procedure — Ranking of a tenderer in the cascade procedure — Period allowed for commencing proceedings — Delay — Inadmissible
Case T-831/17 DRH Licensing & Managing v EUIPO – Merck (Flexagil)
EU trade mark — Revocation proceedings — EU figurative mark Flexagil — Genuine use of the mark — Article 18(1), second subparagraph,(a) and Article 58(1)(a) of Regulation (EU) 2017/1001 — Form differing in elements which do not alter the distinctive character
Case T-140/18 LMP Lichttechnik v EUIPO (LITECRAFT)
EU trade mark — Application for EU word mark LITECRAFT — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-552/16 OT v Commission
Civil service — Members of the temporary staff — Candidature submitted for the post of Director of the EMCDDA — Rejection of the candidature — Opinion of the CCA — Non-challengeable act — Manifest inadmissibility
Case T-576/16 OT v Commission
Civil service — Members of the temporary staff — Candidature submitted for the post of Director of the EMCDDA — Rejection of the candidature — Lis pendens — Rejection of a request for assistance — No interest in bringing proceedings — Action in part manifestly inadmissible and in part manifestly unfounded
Case T-661/16 Credito Fondiario v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Plea of illegality — Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 19 November 2018 ECLI:EU:T:2018:806 (Appeal: Case before the Court of Justice C-69/19 P) |
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Case T-14/17 Landesbank Baden-Württemberg v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility
Case T-42/17 VR-Bank Rhein-Sieg v SRB
Action for annulment — Economic and monetary union — Banking union — Single Resolution Mechanism of credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the 2016 ex-ante contribution — Period for bringing an action — Out of time — Manifest inadmissibility
Case T-854/16 Barata v Parliament
Civil service — Officials — Promotion — 2015 promotion procedure — Certification procedure — Exclusion from the definitive list of officials authorised to follow the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence
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Judgment of the General Court (Second Chamber) of 20 November 2018 ECLI:EU:T:2018:809 (Appeal: Case before the Court of Justice C-71/19 P) |
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Case T-790/17 St. Andrews Links v EUIPO (ST ANDREWS)
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-791/17 St. Andrews Links v EUIPO (ST ANDREWS)
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-36/18 Asahi Intecc v EUIPO – Celesio (Celeson)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Celeson — Earlier international word mark CELESIO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-339/17 Shenzhen Jiayz Photo Industrial v EUIPO – Seven (SEVENOAK)
EU trade mark — Opposition proceedings — Application for EU figurative mark SEVENOAK — Earlier international figurative mark 7seven — 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)
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Judgment of the General Court (Fourth Chamber) of 21 November 2018 ECLI:EU:T:2018:815 (Appeal: Case before the Court of Justice C-31/19 P) |
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Case T-460/17 Bopp v EUIPO (Representation of an equilateral octagon)
EU trade mark — Application for an EU figurative mark representing a blue octagonal frame — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 (now Article 7(1)(b) and Article 94 of Regulation (EU) 2017/1001)
Case T-82/18 Husky CZ v EUIPO – Husky of Tostock (HUSKY)
EU trade mark — Application for EU figurative mark HUSKY — Earlier EU word and figurative marks HUSKY — Relative ground for refusal — Action manifestly lacking any foundation in law
Case T-508/15 Lithuania v Commission
EAGGF, EAGF and EAFRD — Expenditure excluded from financing — Expenditure by Lithuania — Aid for early retirement — Article 11(1) of Regulation (EC) No 1257/1999 — Article 23 of Regulation (EC) No 1698/2005 — Concept of carrying out a commercial farming activity — Connection with the concept of semi-subsistence farming
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Judgment of the General Court (Fourth Chamber) of 22 November 2018 ECLI:EU:T:2018:828 (Appeal: Case before the Court of Justice C-79/19 P) |
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Cases T-274/16 and T-275/16 Saleh Thabet and Others v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Renewal of the applicants’ designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 22 November 2018 ECLI:EU:T:2018:826 (Appeal: Case before the Court of Justice C-72/19 P) |
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Case T-296/17 Buck-Chemie v EUIPO – Henkel (Cleansing block for toilets)
Community design — Invalidity proceedings — Registered Community design representing a cleansing block for toilets — Ground for invalidity — Individual character — Article 25 of Regulation (EC) No 6/2002
Case T-355/17 Daico International v EUIPO – American Franchise Marketing (RoB)
EU trade mark — Cancellation proceedings — Figurative mark RoB — Declaration of invalidity — Article 60(1) of Regulation (EC) No 207/2009 (now Article 68(1) of Regulation (EU) 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Rule 49(3) of Regulation (EC) No 2868/95 (now Article 23(3) of Regulation (EU) 2018/625) — Rule 62(3) of Regulation No 2868/95 (now Article 58(3) of Regulation 2018/625) — Action manifestly lacking any foundation in law
Case T-356/17 Daico International v EUIPO – American Franchise Marketing (RoB)
EU trade mark — Cancellation proceedings — Word mark RoB — Declaration of invalidity — Article 75 of Regulation (EC) No 207/2009 (now Article 94 of Regulation (EU) 2017/1001) — Rule 62(3) of Regulation (EC) No 2868/95 (now Article 58(3) of Regulation (EU) 2018/625) — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 22 November 2018 ECLI:EU:T:2018:845 (Appeal: Case before the Court of Justice C-36/19 P) |
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Case T-424/17 Fruit of the Loom v EUIPO – Takko (FRUIT)
EU trade mark — Revocation proceedings — EU word mark FRUIT — Genuine use of the mark — Article 15(1)(a) of Regulation (EC) No 207/2009 (now Article 18(1)(a) of Regulation (EU) 2017/1001) — Res judicata — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001)
Case T-724/17 The Vianel Group v EUIPO – Viania Dessous (VIANEL)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark VIANEL — Earlier EU word mark VIANIA — 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)
Case T-826/17 TeamBank v EUIPO – Fio Systems (FYYO)
EU trade mark — Opposition proceedings — Application for EU word mark FYYO — Earlier EU word mark FIO — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-9/18 Addiko Bank v EUIPO (STRAIGHTFORWARD BANKING)
EU trade mark — Application for the EU work mark STRAIGHTFORWARD BANKING — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-59/18 Endoceutics v EUIPO – Merck (FEMIVIA)
EU trade mark — Opposition proceedings — Application for EU word mark FEMIVIA — Earlier EU word mark FEMIBION INTIMA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-78/18 AB Mauri Italy v EUIPO – Lesaffre (FERMIN)
EU trade mark — Opposition proceedings — Application for registration of the EU word mark FERMIN — Earlier international and Benelux word marks FERMIPAN — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001
Case T-416/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (fino Cyprus Halloumi Cheese)
EU trade mark — Opposition proceedings — Application for EU figurative mark fino Cyprus Halloumi Cheese — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-417/17 Cyprus v EUIPO – Papouis Dairies (fino Cyprus Halloumi Cheese)
EU trade mark — Opposition proceedings — Application for EU figurative mark fino Cyprus Halloumi Cheese — Earlier United Kingdom certification word mark HALLOUMI — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Similarity of the signs
Case T-702/17 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (Papouis Hallouimi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-703/17 Cyprus v EUIPO – Papouis Dairies (Papouis Halloumi)
EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier United Kingdom certification word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-733/17 R GMPO v Commission
Interim relief — Medicinal products for human use — Active substance trientine tetrahydrochloride — Commission decision not to classify the medicinal product Cuprior-trientine as an orphan medicinal product — Regulation (EC) No 141/2000 — Application for suspension of operation of a measure — Lack of urgency
Case T-756/17 CMS Hasche Sigle v EUIPO (WORLD LAW GROUP)
EU trade mark — Application for EU word mark WORLD LAW GROUP — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law
Case T-824/17 H2O Plus v EUIPO (H 2 O+)
EU trade mark — International registration designating the European Union — Figurative mark H 2 O+ — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-161/17 Le Pen v Parliament
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Judgment of the General Court (Sixth Chamber) of 28 November 2018 ECLI:EU:T:2018:848 |
Case T-305/18 R Klyuyev v Council
Application for interim measures — Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — Application for suspension of operation of a measure — Prima facie case — No urgency
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Order of the President of the General Court of 28 November 2018 ECLI:EU:T:2018:849 |
Case T-671/18 R ZU v Commission
Application for interim measures — Civil service — Application for suspension of operation — No urgency
Case T-459/16 Spain v Commission
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Judgment of the General Court (Seventh Chamber) of 29 November 2018 ECLI:EU:T:2018:857 |
Case T-720/16 ARFEA v Commission
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Judgment of the General Court (Ninth Chamber) of 29 November 2018 ECLI:EU:T:2018:853 |
Case T-811/16 Di Bernardo v Commission
Civil service — Officials — Recruitment — Competition notice — Open competition — Non-inclusion on the reserve list — Obligation to state reasons — Professional experience — Liability
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Judgment of the General Court (Seventh Chamber) of 29 November 2018 ECLI:EU:T:2018:859 (Appeal: Case before the Court of Justice C-114/19 P) |
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Case T-214/17 Out of the blue v EUIPO – Dubois and MFunds USA (FUNNY BANDS)
EU trade mark — Invalidity proceedings — EU word mark FUNNY BANDS — Absolute grounds for refusal — Article 7(1)(b) and (c) and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 29 November 2018 ECLI:EU:T:2018:854 |
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Case T-372/17 Louis Vuitton Malletier v EUIPO – Bee-Fee Group (LV POWER ENERGY DRINK)
EU trade mark — Invalidity proceedings — EU figurative mark LV POWER ENERGY DRINK — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark
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Judgment of the General Court (Sixth Chamber) of 29 November 2018 ECLI:EU:T:2018:851 |
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Case T-373/17 Louis Vuitton Malletier v EUIPO – Fulia Trading (LV BET ZAKŁADY BUKMACHERSKIE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark LV BET ZAKŁADY BUKMACHERSKIE — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark
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Judgment of the General Court (Sixth Chamber) of 29 November 2018 ECLI:EU:T:2018:850 |
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Case T-493/17 WL v ERCEA
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Judgment of the General Court (Ninth Chamber) of 29 November 2018 ECLI:EU:T:2018:852 |
Case T-651/17 Sata v EUIPO – Zhejiang Auarita Pneumatic Tools (Paint spray gun)
Community design — Invalidity proceedings — Registered Community design representing a paint spray gun — Earlier Community designs — Ground for invalidity — Informed user — Designer’s degree of freedom — Individual character — Saturation of the state of the art — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Expediency of oral proceedings — Article 64(1) of Regulation No 6/2002 — Duty to state reasons — Article 62 of Regulation No 6/2002
Case T-681/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (Khadi)
EU trade mark — Invalidity proceedings — EU word mark ‘Khadi’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — Mark containing badges, emblems or escutcheons — Article 7(1)(i) of Regulation No 207/2009 (now Article 7(1)(i) of Regulation 2017/1001) — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-682/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (khadí Naturprodukte aus Indíen)
EU trade mark — Invalidity proceedings — EU figurative mark ‘khadí Naturprodukte aus Indíen’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Case T-683/17 Khadi and Village Industries Commission v EUIPO – BNP Best Natural Products (Khadi Ayurveda)
EU trade mark — Invalidity proceedings — EU word mark ‘Khadi Ayurveda’ — Production of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Absolute grounds for refusal — Mark of such a nature as to deceive the public — Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001) — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 29 November 2018 ECLI:EU:T:2018:860 |
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Case T-763/17 Septona v EUIPO – Intersnack Group (welly)
EU trade mark — Opposition proceedings — Application for EU figurative mark welly — Earlier EU figurative marks Kelly’s and Kelly’s www.kellys.eu CHIPS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-275/18 Front Polisario v Council
Action for annulment — Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part — Act concluding the agreement — Lack of applicability of the agreement to the territory of Western Sahara — Lack of standing to bring proceedings — Inadmissibility
December 2018
Case T-518/16 Carreras Sequeros and Others v Commission
Civil service — Officials and members of the contractual staff — Reform of the Staff Regulations of 1 January 2014 — Article 6 of Annex X to the Staff Regulations — New provisions relating to annual leave applicable to officials posted in a third country — Objection of illegality — Purpose of annual leave
Language of the case: French
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 4 December 2018
ECLI:EU:T:2018:873 (Appeal: Case before the Court of Justice C-126/19 P) (Appeal: Case before the Court of Justice C-119/19 P) |
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Case T-848/16 Deichmann v EUIPO – Vans (V)
EU trade mark — Opposition proceedings — Application for EU figurative mark V — Earlier international figurative marks V — Proof of the existence, validity and scope of the protection of an earlier trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625)
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 6 December 2018
ECLI:EU:T:2018:884 (Appeal: Case before the Court of Justice C-125/19 P) |
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Case T-22/17 Portugal v Commission
EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Article 31(4)(c) of Regulation (EC) No 1290/2005 — Absence of evidence of serious and reasonable doubt — Key controls — Ancillary controls
Language of the case: Portuguese
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Judgment of the General Court (Ninth Chamber) of 6 December 2018
ECLI:EU:T:2018:881 |
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Case T-665/17 China Construction Bank v EUIPO – Groupement des cartes bancaires (CCB)
EU trade mark — Opposition proceedings — Application for EU figurative mark CCB — Earlier EU figurative mark CB — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Reputation and enhanced distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Second sentence of Article 75 and Article 76(1) of Regulation No 207/2009 (now second sentence of Article 94(1) and Article 95(1) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 6 December 2018
ECLI:EU:T:2018:879 (Appeal: Case before the Court of Justice C-115/19 P) |
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Case T-664/14 Belgium v Commission
State aid – Aid implemented by Belgium in favour of the ARCO Group financial cooperatives – Guarantee scheme protecting the shares of individual members of those cooperatives – Decision declaring the aid incompatible with the internal market and prohibiting the payment of the amounts guaranteed to the members – Subject matter of the dispute – Recovery – Proportionality
Language of the case: French
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Judgment of the General Court (Third Chamber, Extended Composition) of 7 December 2018
ECLI:EU:T:2018:890 |
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Case T-280/17 GE.CO.P. v Commission
Public procurement — Financial Regulation — Exclusion from procurement and grant award procedures covered by the general EU budget for a two-year period — Article 108 of the Financial Regulation — Rights of the defence — Proof of receipt of a notification
Language of the case: Italian
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Judgment of the General Court (Third Chamber) of 7 December 2018 (Extracts)
ECLI:EU:T:2018:889 |
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Case T-440/17 Arca Capital Bohemia v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal to grant access — Exception relating to the protection of commercial interests of third parties — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Obligation to carry out a specific and individual examination — Overriding public interest
Language of the case: English
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Judgment of the General Court (Second Chamber) of 11 December 2018
ECLI:EU:T:2018:898 |
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Case T-677/14 Biogaran v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Agreements intended to delay, or even prevent, entry into the market of generic versions of perindopril — Participation of a subsidiary in the infringement committed by its parent company — Imputation of the infringement — Joint and several liability — Ceiling for the fine
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 December 2018
ECLI:EU:T:2018:910 (Appeal: Case before the Court of Justice C-207/19 P) |
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Case T-691/14 Servier and Others v Commission
Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Right to an effective remedy — Brevity of the period of time for lodging applications in the light of the length of the contested decision — Patent dispute settlement agreements — Licensing agreements — Technology acquisition agreements — Exclusive purchasing agreement — Potential competition — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law — Classification as separate infringements or as a single infringement — Definition of the relevant market at the level of the compound of the medicinal product concerned — Fines — Imposition of cumulative fines under Articles 101 and 102 TFEU — Principle that offences and penalties must have a proper legal basis — Value of sales — Method of calculation in the event of cumulative infringements on the same markets
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 December 2018 (Extracts)
ECLI:EU:T:2018:922 (Appeal: Case before the Court of Justice C-176/19 P) (Appeal: Case before the Court of Justice C-201/19 P) |
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Case T-683/15 Freistaat Bayern v Commission
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 12 December 2018
ECLI:EU:T:2018:916 |
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Case T-873/16 Groupe Canal + v Commission
Competition — Agreements, decisions and concerted practices — Television distribution — Decision making commitments binding — Territorial exclusivity — Preliminary evaluation — Effect on the contractual rights of third parties — Proportionality
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 12 December 2018
ECLI:EU:T:2018:904 (Appeal: Case before the Court of Justice C-132/19 P) |
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Case T-253/17 Der Grüne Punkt v EUIPO – Halston Properties (Representation of a circle with two arrows)
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 12 December 2018
ECLI:EU:T:2018:909 |
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Case T-283/17 SH v Commission
Civil service — Officials — Remuneration — Family allowances — Third subparagraph of Article 2(2) of Annex VII to the Staff Regulations — Concept of ‘dependent child’ — Judgment awarding guardianship based on the legislation of a third country on the protection of minors — Refusal to confer the status of dependent child on children in guardianship — Equal treatment — Right to education — Best interests of the child
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 12 December 2018
ECLI:EU:T:2018:917 |
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Case T-565/17 CheapFlights International v EUIPO – Momondo Group (Cheapflights)
EU trade mark — Opposition proceedings — Application for EU figurative mark Cheapflights — Referral of the trade mark application to the examiner for examination of the absolute grounds for refusal — Challenge by the proprietor of the earlier mark — Grounds of the contested decision containing an assessment of the validity of the earlier mark — Challenge by the proprietor of the earlier mark — Partial inadmissibility — Incidental submissions made on the basis of Article 8(3) of Regulation (EC) No 216/96 — Withdrawal of the appeal before the Board of Appeal — No need to adjudicate in part
Language of the case: English
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Order of the General Court (Second Chamber) of 12 December 2018
ECLI:EU:T:2018:923 (Appeal: Case before the Court of Justice C-170/19 P) |
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Case T-167/13 Comune di Milano v Commission
State aid — Groundhandling services — Capital injections provided by SEA in favour of Sea Handling — Decision declaring the aid incompatible with the internal market and ordering its recovery — Concept of aid — Whether imputable to the State — Private investor test — Audi alteram partem rule — Rights of the defence — Right to sound administration — Legitimate expectations
Language of the case: Italian
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Judgment of the General Court (Third Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:940 (Appeal: Case before the Court of Justice C-160/19 P) |
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Case T-827/14 Deutsche Telekom v Commission
Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of the defence — Imputation to the parent company of the infringement committed by its subsidiary — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise — Burden of proof — Calculation of the amount of the fine — 2006 Guidelines on the method of setting fines — Separate fine imposed only on the parent company in respect of repeated infringement and application of a multiplier for deterrence
Language of the case: German
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:930 (Appeal: Case before the Court of Justice C-152/19 P) |
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Case T-851/14 Slovak Telekom v Commission
Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation of an infringement committed by a subsidiary to its parent company — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the fine — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:929 (Appeal: Case before the Court of Justice C-165/19 P) |
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Case T-165/15 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Chamber of Commerce and Industry of Pau-Béarn and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:953 (Appeal: Case before the Court of Justice C-203/19 P) |
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Case T-284/15 AlzChem v Commission
State aid — Chemical industry — Decision to continue the operation of an undertaking during insolvency proceedings — Decision finding no State aid — Action for annulment — Individual concern — Admissibility — Concept of State aid — Advantage — Private creditor test — Whether attributable to the State — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:950 |
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Case T-558/15 Iran Insurance v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Material damage — Non-material damage
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 13 December 2018
ECLI:EU:T:2018:945 |
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Case T-559/15 Post Bank Iran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Non-material damage
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 13 December 2018
ECLI:EU:T:2018:948 |
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Case T-591/15 Transavia Airlines v Commission
State aid — Airport services and marketing agreement — Agreement concluded between the Chamber of Commerce and Industry of Pau-Béarn and Transavia — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Whether imputable to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:946 |
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Case T-53/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:943 (Appeal: Case before the Court of Justice C-204/19 P) |
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Case T-165/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights of the European Union — Access to the file — Right to be heard
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:952 (Appeal: Case before the Court of Justice C-205/19 P) |
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Joined Cases T-339/16, T-352/16 and T-391/16 Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission
Environment — Regulation (EU) 2016/646 — Pollutant emissions from light passenger and commercial vehicles (Euro 6) — Setting of the not-to-exceed (NTE) values for emissions of oxides of nitrogen during the real driving emission (RDE) tests — Action for annulment — Powers of a municipal authority in the field of environmental protection to limit the circulation of certain vehicles — Direct concern — Admissibility — Lack of competence on the part of the Commission — Compliance with higher-ranking legal rules — Temporal adjustment of the effects of an annulment — Non-contractual liability — Compensation for the alleged harm to image and reputation
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 13 December 2018
ECLI:EU:T:2018:927 (Appeal: Case before the Court of Justice C-177/19 P) (Appeal: Case before the Court of Justice C-179/19 P) (Appeal: Case before the Court of Justice C-178/19 P) |
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Case T-672/16 C=Holdings v EUIPO – Trademarkers (C=commodore)
EU trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark C=commodore — Application for invalidation of the effects of the international registration — Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) — No genuine use concerning certain goods and services covered by the international registration — Presence of proper reasons for non-use
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 13 December 2018
ECLI:EU:T:2018:926 |
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Case T-830/16 Monolith Frost v EUIPO – Dovgan (PLOMBIR)
EU trade mark — Invalidity proceedings — EU word mark PLOMBIR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Examination of the facts — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Evidence submitted for the first time before the General Court
Language of the case: German
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Judgment of the General Court (First Chamber) of 13 December 2018
ECLI:EU:T:2018:941 (Appeal: Case before the Court of Justice C-142/19 P) |
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Case T-274/17 Monster Energy v EUIPO – Bösel (MONSTER DIP)
EU trade mark — Opposition proceedings — Application for EU figurative mark MONSTER DIP — Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No likelihood of misleading association — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No likelihood of dilution of the reputation of the earlier mark — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 13 December 2018 (Extracts)
ECLI:EU:T:2018:928 |
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Case T-83/18 CH v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Audi alteram partem rule — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court
Language of the case: French
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Judgment of the General Court (First Chamber) of 13 December 2018
ECLI:EU:T:2018:935 |
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Case T-102/18 Knauf v EUIPO (upgrade your personality)
EU trade mark — Application for EU word mark upgrade your personality — Absolute ground for refusal — Lack of distinctive character — Advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
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Judgment of the General Court (First Chamber) of 13 December 2018
ECLI:EU:T:2018:932 |
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Case T-400/10 RENV Hamas v Council
Common foreign and security policy — Restrictive measures taken against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to effective judicial protection — Rights of defence — Right to property
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 14 December 2018
ECLI:EU:T:2018:966 (Appeal: Case before the Court of Justice C-122/19 P) |
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Case T-725/15 Arysta LifeScience Netherlands v EFSA
Plant protection products — Procedure for reviewing the approval of the active substance diflubenzuron — Article 21 of Regulation (EC) No 1107/2009 — Conclusion of the EFSA review — Partial publication of that conclusion — Article 63 of Regulation No 1107/2009 — Request for confidential treatment of certain sections — Protection of commercial interests — Refusal to grant confidential treatment — Interest in bringing proceedings
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 14 December 2018
ECLI:EU:T:2018:977 |
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Case T-298/16 East West Consulting v Commission
Non-contractual liability — Pre-Accession Assistance Instrument — Non-member State — National public procurement — Decentralised management — Decision 2008/969/EC, Euratom — Early warning system (EWS) — Activation of an EWS warning — Protection of the financial interests of the Union — Commission’s refusal of ex ante approval — Failure to award the procurement– Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of the defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the procurement — Loss of opportunity to obtain other procurements
Language of the case: French
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Judgment of the General Court (First Chamber) of 14 December 2018
ECLI:EU:T:2018:967 |
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Case T-525/16 GQ and Others v Commission
Civil Service – Officials – Reform of the Staff Regulations – Regulation (EU, Euratom) No 1023/2013 – Types of posts – Transitional rules for classification in a type of post – Article 31 of Annex XIII to the Staff Regulations – Assistant in transition – Promotion under Article 45 of the Staff Regulations allowed only within the career stream corresponding to the type of post occupied – Access to the type of post ‘senior assistant’ (AST 10) only in accordance with the procedure laid down in Article 4 and Article 29(1) of the Staff Regulations – Equal treatment – Loss of eligibility for promotion to grade AST 10 – Legitimate expectations
Language of the case: French
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Judgment of the General Court (First Chamber) of 14 December 2018
ECLI:EU:T:2018:964 |
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Case T-526/16 FZ and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (UE, Euratom) no 1023/2013 — Types of posts — Transitional rules for classification in a type of post — Article 30 of Annex XIII to the Staff Regulations — Administrator in transition (AD 13) — Administrator (AD 12) — Promotion under Article 45 of the Staff Regulations allowed only within the career stream corresponding to the type of post occupied — Access to the type of post ‘head of unit or equivalent’ or ‘adviser or equivalent’ only in accordance with the procedure laid down in Article 4 and Article 29(1) of the Staff Regulations — Equal treatment — Loss of eligibility for promotion to a higher grade — Legitimate expectations
Language of the case: French
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Judgment of the General Court (First Chamber) of 14 December 2018
ECLI:EU:T:2018:963 |
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Case T-750/16 FV v Council
Civil service — Officials — Article 42c of the Staff Regulations — Leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Liability
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 14 December 2018
ECLI:EU:T:2018:972 (Appeal: Case before the Court of Justice C-188/19 P) |
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Case T-128/17 Torné v Commission
Civil service — Officials — 2014 reform of the Staff Regulations — Leave on personal grounds — Conflicting engagement as a temporary staff member — Transitional measures relating to certain methods for calculating pension rights — Request for an advance decision — Acts adversely affecting an official — Purpose of transitional measures — Scope ratione personae — Entry into service
Language of the case: French
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Judgment of the General Court (Third Chamber) of 14 December 2018
ECLI:EU:T:2018:969 |
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Information (on unpublished decisions)
Case T-811/17 Classic Media v EUIPO – Pirelli Tyre (CLASSIC DRIVER)
EU Trade Mark — Opposition Proceedings — International registration designating the European Union — Word mark CLASSIC DRIVER — Earlier EU word mark DRIVER — 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) — Action manifestly lacking any foundation in law
Case T-517/16 Janoha and Others v Commission
Civil service — Members of the contract staff — Reform of the Staff Regulations of 1 January 2014 — Article 6 of Annex X to the Staff Regulations — New provisions relating to the days of leave granted applicable to officials posted in a third country — Objection of illegality — Second paragraph of Article 10 of the Staff Regulations — Articles 7 and 33 of the Charter of Fundamental Rights — Equal treatment — Acquired rights — Legitimate expectations — Legal certainty — Misuse of powers
Case T-560/16 Schneider v EUIPO
Civil service — Members of the temporary staff — Internal reorganisation of EUIPO’s services — Redeployment — Legal basis — Article 7 of the Staff Regulations — Interests of the service — Significant change in tasks — Equivalence of posts — Covert penalty — Misuse of powers — Right to be heard — Obligation to state reasons
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Judgment of the General Court (Fourth Chamber) of 4 December 2018 ECLI:EU:T:2018:872 (Appeal: Case before the Court of Justice C-116/19 P) |
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Case T-329/16 Bristol-Myers Squibb Pharma v Commission and EMA
Medicinal products for human use — Orphan medicinal products — Decision withdrawing the designation of Elotuzumab as an orphan medicinal product — Decision that the designation criteria were no longer met — Marketing authorisation for the medicinal product for human use Empliciti (Elotuzumab) — Article 5(12)(b) of Regulation (EC) No 141/2000 — Article 5(8) of Regulation No 141/2000 — Obligation to state reasons
Case T-875/16 Falcon Technologies International v Commission
Access to documents — Regulation (EC) No 1049/2001 — Assessment report of a notified body within the meaning of the legislation on EC declarations of conformity of medical devices — Refusal of access — Exception relating to protection of commercial interests — Obligation to carry out a specific and individual examination — Overriding public interest — Refusal of partial access
Case T-152/17 Sumner v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against Ireland — Refusal of access — Exception concerning the protection of inspections, investigations and audits — General presumption — Overriding public interest
Case T-312/17 Campbell v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania — Refusal of access — Exception relating to the protection of inspections, investigations and audits — General presumption — Overriding public interest
Case T-531/15 Coveris Rigid France v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Principle of personal liability — No economic continuity — Equal treatment
Case T-638/16 Deichmann v EUIPO – Vans (Representation of lines on a shoe)
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Judgment of the General Court (Ninth Chamber) of 6 December 2018 ECLI:EU:T:2018:883 |
Case T-817/16 Vans v EUIPO – Deichmann (V)
EU trade mark — Opposition proceedings — Application for EU figurative mark V — Earlier international figurative mark V — Evidence of the existence, validity and scope of protection of an earlier trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 6 December 2018 ECLI:EU:T:2018:880 (Appeal: Case before the Court of Justice C-123/19 P) |
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Case T-459/17 Fifth Avenue Entertainment v EUIPO – Commodore Entertainment (THE COMMODORES)
EU trade mark — Opposition proceedings — Application for EU word mark ‘THE COMMODORES’ — Unregistered earlier sign ‘Commodores’ — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Relative ground for refusal — Reference to the national law governing the earlier mark — Action for passing off
Case T-115/18 Tomasz KawałkoTrofeum v EUIPO – Ferrero (KINDERPRAMS)
EU trade mark — Opposition proceedings — Application for EU word mark KINDERPRAMS — Earlier national figurative marks Kinder — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-378/17 La Zaragozana v EUIPO – Heineken Italia (CERVISIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark CERVISIA — Earlier national word mark CERVISIA AMBAR — Relative ground for refusal — Similarity of the signs –Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-471/17 Edison v EUIPO (EDISON)
EU trade mark — EU figurative mark EDISON — Partial surrender — Article 59 of Regulation (EC) No 207/2009 (now Article 67 of Regulation (EU) 2017/1001)) — Interpretation of the terms comprising the headings to the classes of the Nice Classification and the goods on the alphabetic list to it
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Judgment of the General Court (Third Chamber) of 7 December 2018 ECLI:EU:T:2018:887 (Appeal: Case before the Court of Justice C-121/19 P) |
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Case T-552/15 Bank Refah Kargaran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures taken against Iran — Compensation of the harm allegedly suffered by the applicant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of funds and economic resources — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Second Chamber) of 10 December 2018 ECLI:EU:T:2018:897 (Appeal: Case before the Court of Justice C-134/19 P) |
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Case T-698/18 R Oleari v Agenzia delle Entrate - Direzione Provinciale di Cremona
Interim relief — Manifest lack of jurisdiction — Inadmissibility
Case T-698/18 R Oleari v Agenzia delle Entrate - Direzione Provinciale di Cremona
Interim relief — Manifest lack of jurisdiction — Inadmissibility
Case T-834/16 QC v European Council
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Order of the General Court (First Chamber) of 11 December 2018 ECLI:EU:T:2018:984 |
Case T-100/17 BTB Holding Investments and Duferco Participations Holding v Commission
State aid — Steel industry — Aid granted by Belgium in favour of a number of undertakings in the iron and steel industry — Decision declaring that aid incompatible with the internal market and ordering its recovery — Obligation to state reasons — Concept of State aid — Advantage — Private investor test
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Judgment of the General Court (First Chamber) of 11 December 2018 ECLI:EU:T:2018:900 (Appeal: Case before the Court of Justice C-148/19 P) |
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Case T-441/17 Arca Capital Bohemia v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Partial refusal to grant access — Exception relating to the protection of commercial interests of third parties — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Obligation to carry out a specific and individual examination — Overriding public interest
Case T-5/18 Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY)
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Order of the General Court (Seventh Chamber) of 11 December 2018 ECLI:EU:T:2018:980 |
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Case T-6/18 Hamburg Beer Company v EUIPO (Hamburg Beer Company)
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Order of the General Court (Seventh Chamber) of 11 December 2018 ECLI:EU:T:2018:981 |
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Case T-498/14 Deutsche Umwelthilfe v Commission
Access to documents — Documents relating to correspondence between the European Commission and car manufacturers concerning refrigerant R1234yf used in motor vehicles — Documents not included — New plea put forward in the course of the proceedings — Inadmissibility — Measure of inquiry ordering the production of the contested documents in accordance with Article 104 of the Rules of Procedure — Derogation to the principle of adversarial proceedings — Regulation (EC) No 1049/2001 — Exception relating to the protection of commercial interests — Public interest in disclosure — Balance — Regulation (EC) No 1367/2006 — Article 6(1) — Overriding public interest justifying disclosure of the environmental information or relating to emissions into the environment — General proposition — Partial refusal to grant access — No need to adjudicate
Case T-679/14 Teva UK and Others v Commission
Competition — Agreements, decisions and concerted practices — Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Patent dispute settlement and exclusive purchasing agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:919 (Appeal: Case before the Court of Justice C-198/19 P) |
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Case T-680/14 Lupin v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Technology acquisition agreement — Restriction of competition by object — Balance between competition law and patent law — Fines
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:908 (Appeal: Case before the Court of Justice C-144/19 P) |
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Case T-682/14 Mylan Laboratories and Mylan v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Imputation of the unlawful conduct — Fines
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:907 (Appeal: Case before the Court of Justice C-197/19 P) |
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Case T-684/14 Krka v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Licensing agreement — Technology acquisition agreement — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:918 (Appeal: Case before the Court of Justice C-151/19 P) |
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Case T-701/14 Niche Generics v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines — 10% cap — Imputation of the unlawful conduct
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:921 (Appeal: Case before the Court of Justice C-164/19 P) |
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Case T-705/14 Unichem Laboratories v Commission
Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Commission’s territorial jurisdiction — Imputation of the unlawful conduct — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:915 (Appeal: Case before the Court of Justice C-166/19 P) |
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Joined Cases T-722/15 to T-724/15 Interessengemeinschaft privater Milchverarbeiter Bayerns and Others v Commission
State aid — Aid for the Bavarian dairy sector — Financing of milk quality tests — Decision declaring the aid to be incompatible with the internal market — Right to participate in the administrative procedure — Article 108(2) TFEU — Article 6(1) of Regulation (EC) No 659/1999
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Judgment of the General Court (Fourth Chamber) of 12 December 2018 ECLI:EU:T:2018:920 (Appeal: Case before the Court of Justice C-171/19 P) |
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Case T-409/16 Makhlouf v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to reputation — Right to property — Presumption of innocence — Restriction on entry into and transit through the territory of the European Union — Proportionality
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Judgment of the General Court (Fifth Chamber) of 12 December 2018 ECLI:EU:T:2018:901 (Appeal: Case before the Court of Justice C-157/19 P) |
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Case T-411/16 Syriatel Mobile Telecom v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 12 December 2018 ECLI:EU:T:2018:902 (Appeal: Case before the Court of Justice C-159/19 P) |
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Case T-416/16 Othman v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality
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Judgment of the General Court (Fifth Chamber) of 12 December 2018 ECLI:EU:T:2018:903 (Appeal: Case before the Court of Justice C-158/19 P) |
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Case T-614/16 Colin v Commission
Civil service — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Diploma — Professional experience
Case T-358/17 Mubarak v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Maintenance of the applicant’s designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 12 December 2018 ECLI:EU:T:2018:905 (Appeal: Case before the Court of Justice C-145/19 P) |
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Case T-609/17 France v Commission
EAGF — Expenditure excluded from financing — Expenditure incurred by France — Export refunds on poultry meat — Flat-rate financial correction — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Sound, fair and marketable quality — Checks — Proportionality
Case T-743/17 Bischoff v EUIPO – Miroglio Fashion (CARACTÈRE)
EU trade mark — Invalidity proceedings — EU word mark CARACTÈRE — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-821/17 Vitromed v EUIPO – Vitromed Healthcare (VITROMED Germany)
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Judgment of the General Court (Ninth Chamber) of 12 December 2018 ECLI:EU:T:2018:912 |
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Case T-111/15 Ryanair and Airport Marketing Services v Commission
State aid — Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 13 December 2018 ECLI:EU:T:2018:954 (Appeal: Case before the Court of Justice C-202/19 P) |
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Case T-630/15 Scandlines Danmark and Scandlines Deutschland v Commission
State aid — Public financing of the Fehmarn Belt fixed link project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest
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Judgment of the General Court (Sixth Chamber) of 13 December 2018 ECLI:EU:T:2018:942 (Appeal: Case before the Court of Justice C-174/19 P) |
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Case T-631/15 Stena Line Scandinavia v Commission
State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest
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Judgment of the General Court (Sixth Chamber) of 13 December 2018 ECLI:EU:T:2018:944 (Appeal: Case before the Court of Justice C-175/19 P) |
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Case T-77/16 Ryanair and Airport Marketing Services v Commission
State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity
Case T-290/16 Fruits de Ponent v Commission
Non-contractual liability — Agriculture — Peach and nectarine markets — Disruption during the 2014 season — Russian embargo — Temporary exceptional support measures for producers — Delegated Regulations (EU) Nos 913/2014 and 923/2014 — Rules of law intended to confer rights upon individuals — Duty of diligence and the principle of sound administration — Sufficiently serious breach — Causal link
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Judgment of the General Court (Third Chamber) of 13 December 2018 ECLI:EU:T:2018:934 (Appeal: Case before the Court of Justice C-183/19 P) |
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Case T-530/16 Schubert and Others v Commission
Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other members of staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of remuneration and pensions for 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on dialogue between management and workers
Joined Cases T-543/16 and T-544/16 Carpenito and Others v Council
Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of salaries and pensions for the years 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue
Case T-591/16 Wahlström v Frontex
Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure
Case T-632/16 Haeberlen v ENISA
Civil service — Remuneration — Annual adjustment of remunerations and pensions of officials and other agents — Regulations (EU) Nos 422/2014 and 423/2014 — Adjustments of salaries and pensions for 2011 and 2012 — Obligation to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue
Cases T-641/16 RENV and T-137/17 Kakol v Commission
Staff case — Officials — Recruitment — Notice of competition — Open competition — Non-admission of a candidate to take part in the tests of the assessment centre — Non-recognition of qualifications or diplomas — Admission to a previous competition — Conditions for similar competitions — Concordance rule between the request and the complaint — Res judicata — Non-compliance with the prior administrative procedure — Measure adversely affecting the applicant within the meaning of Article 91 of the Staff Regulations — Competence of the authority which adopted the measure — Claim for damages
Case T-689/16 Pipiliagkas v Commission
Civil service — Officials — Assignment — Decision with retroactive effect — Article 22a of the Staff Regulations — Authority lacking competence — Liability — Compensation in respect of material and non-material harm
Case T-743/16 RENV CX v Commission
Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link
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Judgment of the General Court (Third Chamber) of 13 December 2018 ECLI:EU:T:2018:937 (Appeal: Case before the Court of Justice C-131/19 P) |
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Case T-890/16 Scandlines Danmark and Scandlines Deutschland v Commission
Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-link — Individual aid — Act not open to challenge — Purely confirmatory measure — Preparatory act — Inadmissibility
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Order of the General Court (Sixth Chamber) of 13 December 2018 ECLI:EU:T:2018:1004 |
Case T-891/16 Scandlines Danmark and Scandlines Deutschland v Commission
Action for failure to act — State aid — Public financing of the Fehmarn Belt fixed road-rail link — Individual aid — Adoption of a position by the Commission — Inadmissibility
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Order of the General Court (Sixth Chamber) of 13 December 2018 ECLI:EU:T:2018:1003 |
Case T-247/17 Azarov v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and of economic resources — Maintenance of the applicant’s name on the list — Right to property — Right to pursue an economic activity — Manifest error of assessment
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Judgment of the General Court (Sixth Chamber) of 13 December 2018 ECLI:EU:T:2018:931 (Appeal: Case before the Court of Justice C-58/19 P) |
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Case T-447/17 Bowles v ECB
Civil Service — ECB Staff — Appointment decision concerning the post of Adviser to the President and Coordinator of the Counsel to the Executive Board — No act adversely affecting the applicant — No interest in bringing proceedings — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Case T-537/17 De Loecker v EEAS
Civil service — EEAS — Temporary agents — Psychological harassment — Request for assistance — Rejection of the request — Right to be heard — Liability
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Judgment of the General Court (Eighth Chamber) of 13 December 2018 ECLI:EU:T:2018:951 (Appeal: Case before the Court of Justice C-187/19 P) |
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Case T-706/17 UP v Commission
Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability
Case T-739/17 Euracoal and Others v Commission
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Order of the General Court (Third Chamber) of 13 December 2018 ECLI:EU:T:2018:959 |
Case T-30/18 Yado v EUIPO – Dvectis CZ (seat cushion)
Community design — Invalidity proceedings — Community design No 2371591-0001 (Support pillow) — Inadmissibility of the appeal before the Board of Appeal — Sending of a document to EUIPO by means of a contact form — Sending of a document to EUIPO by electronic means and by fax
Case T-70/18 Sonova Holding v EUIPO (HEAR THE WORLD)
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Order of the General Court (Seventh Chamber) of 13 December 2018 ECLI:EU:T:2018:960 |
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Case T-76/18 CN v Parliament
Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with complaints between Accredited Parliamentary Assistants and Members of the European Parliament concerning harassment and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court
Case T-94/18 Multifit v EUIPO (fit+fun)
EU trade mark — Application for EU word mark fit+fun — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-98/18 Multifit v EUIPO (MULTIFIT)
EU trade mark — Application for EU word mark MULTIFIT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-539/16 GM and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional measures relating to classification in the types of posts — Article 31 of Annex XIII to the Staff Regulations — Assistants in transition — Promotion pursuant to Article 45 of the Staff Regulations authorised only within the career streams corresponding to the type of post held — Exclusion of AST 9 officials from the promotion procedure — No act having an adverse effect — Confirmatory measure — Lis pendens — Manifest inadmissibility — Article 129 of the Rules of Procedure — Objection of inadmissibility — Article 130 of the Rules of Procedure
Case T-540/16 FZ and Others v Commission
Civil service — Officials — Reform of the Staff Regulations — Regulation (EU, Euratom) No 1023/2013 — Types of posts — Transitional rules on grading in the types of posts — Article 30 of Annex XIII to the Staff Regulations — Administrators in transition (AD 13) — Administrators (AD 12) — Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied — Access to the type of post ‘Head of Unit’ or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations — Concept of an act adversely affecting an official — Confirmatory act — Lis pendens — Compliance with the requirements of the pre-litigation procedure — Inadmissibility
Case T-46/17 TDH Group v EUIPO — Comercial de Servicios Agrigan (Pet Cuisine)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pet Cuisine — Earlier EU figurative mark The Pet CUISINE alimento para mascotas felices Genial — 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)
Case T-464/17 TP v Commission
Civil service — Officials — Remuneration — Deduction from salary — Maintenance awarded by a national court in the context of divorce proceedings — Sincere cooperation with the national courts — Circumscribed powers — Article 24 of the Staff Regulations — European Code of Good Administrative Behaviour — Rule of correspondence — Act adversely affecting a person — Application for damages — Compliance with the pre-litigation procedure
Case T-572/17 UC v Parliament
Staff case — Officials — Promotion — 2015 promotion round — Staff report — Award of merit points — Obligation to state reasons — Right to be heard — Manifest error of assessment — Liability — Non-material damage
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Judgment of the General Court (Ninth Chamber) of 14 December 2018 ECLI:EU:T:2018:975 (Appeal: Case before the Court of Justice C-196/19 P) |
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Case T-761/17 UR v Commission
Civil service — Open competition — Notice of competition EPSO/AD/322/16 for the recruitment of administrators in the field of audit (AD 5/AD 7) — Eligibility condition — Required qualification — Non-inclusion on the reserve list — Obligation to state reasons — Manifest error of assessment — Article 27, first paragraph, of the Staff Regulations
Case T-801/17 Dermatest v EUIPO (ORIGINAL excellent dermatest 3-star-guarantee.de)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 3-star-guarantee.de — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-802/17 Dermatest v EUIPO (ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-803/17 Dermatest v EUIPO (ORIGINAL excellent dermatest)
EU trade mark — Application for EU figurative mark ORIGINAL excellent dermatest — Absolute grounds for refusal — Descriptive character — No distinctive character — Lack of distinctive character acquired through use — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-7/18 Inforsacom Logicalis v EUIPO (Business and technology working as one)
EU trade mark — Application for EU word mark Business and technology working as one — Trade mark consisting in an advertising slogan — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
January 2019
Case T-160/17 RY v Commission
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 10 January 2019
ECLI:EU:T:2019:1 |
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Case T-574/18 R Agrochem-Maks v Commission
Application for interim measures — Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Application for suspension of operation — Lack of urgency — Balancing of interests
Language of the case: English
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Order of the President of the General Court of 21 January 2019 (Extracts)
ECLI:EU:T:2019:25 |
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Case T-290/17 Stavytskyi v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Obligation to state reasons — Plea of illegality — Principle of proportionality — Legal basis — Manifest error of assessment — Principle ne bis in idem
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 30 January 2019
ECLI:EU:T:2019:37 |
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Information (on unpublished decisions)
Case T-832/17 achtung ! v EUIPO (achtung !)
EU trade mark — International registration designating the European Union — Figurative mark achtung! — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 10 January 2019 ECLI:EU:T:2019:2 (Appeal: Case before the Court of Justice C-214/19 P) |
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Case T-881/16 HJ v EMA
Civil service — Temporary agents — Partial inadmissibility — Application for an injunction — Access of officials to their personal file — Articles 26 and 26a of the Staff Regulations — Access to documents — Regulation (EC) No 1049/2001 — Personal file made accessible to all members of staff of the EMA — Protection of natural persons with regard to the processing of personal data by EU institutions and bodies — Liability — Non-material harm
Case T-111/17 Computer Market v EUIPO (COMPUTER MARKET)
EU trade mark — Application for the EU figurative mark COMPUTER MARKET — Absolute ground for refusal — Late filing of the notice of appeal — Inadmissibility of the appeal before the Board of Appeal — Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) — Rule 49(1) of Regulation (EC) No 2868/95 (now Article 23(1)(b) of Delegated Regulation (EU) 2018/625)
Case T-412/16 Bena Properties v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 16 January 2019 ECLI:EU:T:2019:10 (Appeal: Case before the Court of Justice C-260/19 P) |
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Case T-413/16 Cham v Council
Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 16 January 2019 ECLI:EU:T:2019:8 (Appeal: Case before the Court of Justice C-261/19 P) |
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Case T-477/17 Haswani v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Obligation to state reasons — Proportionality — Error of assessment
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Judgment of the General Court (Fifth Chamber) of 16 January 2019 ECLI:EU:T:2019:7 (Appeal: Case before the Court of Justice C-241/19 P) |
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Case T-489/17 Windspiel Manufaktur v EUIPO (Representation of a bottle stopper)
EU trade mark — Application for an EU trade mark representing a bottle closure — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-160/18 Theodorakidi v EUIPO – Benopoulou (THYREOS VASSILIKI)
EU trade mark — Invalidity proceedings — EU figurative mark THYREOS VASSILIKI — Declaration of invalidity — Right to the name Vassiliki in Greece — Relative ground for invalidity regarding the infringement of the right to a name — Article 60(2)(a) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-331/18 Szécsi and Somossy v Commission
Action for damages — Law governing the institutions — Failure by the Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with Article 13 of Directive 2005/29/EC and the relevant national transposition measure — Inadmissibility
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Order of the General Court (Third Chamber) of 16 January 2019 ECLI:EU:T:2019:11 (Appeal: Case before the Court of Justice C-236/19 P) |
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Case T-348/16 OP Aristoteleio Panepistimio Thessalonikis v ERCEA
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities — Minatran project — Eligible costs — Compensation — Judgment by default — Application to set aside judgment
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Judgment of the General Court (Eighth Chamber) of 17 January 2019 ECLI:EU:T:2019:14 (Appeal: Case before the Court of Justice C-280/19 P) |
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Case T-117/17 Proximus v Council
Public service contracts — Negotiated procedure — Most economically advantageous tender — Rejection of the tender submitted by a tenderer — Discretion of a contracting authority — Lawfulness of the evaluation method — Principle of sound financial management
Case T-576/17 Mas Que Vinos Global v EUIPO – JESA (EL SEÑORITO)
European Union trade mark — Opposition proceedings — Application for EU word mark EL SEÑORITO — Earlier national word mark SEÑORITA — 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)
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Judgment of the General Court (Ninth Chamber) of 17 January 2019 ECLI:EU:T:2019:16 (Appeal: Case before the Court of Justice C-278/19 P) |
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Case T-671/17 Turbo-K International v EUIPO – Turbo-K (TURBO-K)
EU trade mark — Opposition proceedings — Application for EU work mark TURBO-K — Earlier non-registered marks TURBO-K — Relative ground for refusal — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Rules governing common-law actions for passing-off — Goodwill
Case T-40/18 Ecolab USA v EUIPO (SOLIDPOWER)
EU trade mark — International registration designating the European Union — Word mark SOLIDPOWER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-91/18 Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD)
EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-368/18 ETI Gıda Sanayi ve Ticaret v EUIPO – Grupo Bimbo (ETI Bumbo)
European Union trade mark — Opposition proceedings — Application for EU word mark ETI Bumbo — Earlier EU figurative mark BIMBO — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the signs — Distinctiveness of the earlier mark — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 17 January 2019 ECLI:EU:T:2019:15 (Appeal: Case before the Court of Justice C-228/19 P) |
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Case T-687/18 R Pilatus Bank v ECB
Application for interim measures — Economic and monetary policy — Prudential supervision of credit institutions — Application for suspension of operation — No urgency
Case T-166/17 EKETA v Commission
Arbitration clause — Sensation contract concluded within the context of the sixth framework programme — Eligible costs — Debit note issued by the defendant for the recovery of sums advanced — Reliability of the time records — Conflict of interests
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Judgment of the General Court (Fourth Chamber) of 22 January 2019 ECLI:EU:T:2019:26 (Appeal: Case before the Court of Justice C-273/19 P) |
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Case T-198/17 EKETA v Commission
Arbitration clause — Actibio contract concluded within the context of the seventh framework programme — Eligible costs — Debit note issued by the defendant for the recovery of sums advanced — Reliability of the time records — Conflict of interests
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Judgment of the General Court (Fourth Chamber) of 22 January 2019 ECLI:EU:T:2019:27 (Appeal: Case before the Court of Justice C-274/19 P) |
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Case T-304/18 MLPS v Commission
Action for annulment and for failure to act — Decision to take no further action on a complaint — Refusal by the Commission to institute proceedings under Article 7 TEU — Act not open to challenge — No direct concern — Inadmissibility
Case T-436/18 Prigent v Commission
Action for annulment — Decision to take no further action on a complaint — Refusal of the Commission to bring infringement proceedings — Act not open to challenge — No direct concern — Inadmissibility
Case T-785/17 Ilhan v EUIPO – Time Gate (SPORTSWEAR COMPANY BIG SAM)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark BIG SAM SPORTSWEAR COMPANY — Earlier word mark SAM — Relative ground for refusal — Extinction of rights due to acquiescence — Evidence presented for the first time before the General Court — Article 54(2) of Regulation (EC) No 207/2009 (now Article 61(2) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-800/17 Brown Street Holdings v EUIPO – Enesan (FIGHT LIFE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark FIGHT LIFE — Earlier EU word mark FIGHT FOR LIFE — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-181/18 Multifit v EUIPO (TAKE CARE)
EU trade mark — Application for the EU figurative mark TAKE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-624/16 TO L'Huillier v Gollnisch and Parliament
Third-party proceedings — Rejection of the third-party applicant’s application to intervene — Inadmissibility
Case T-336/17 The GB Foods v EUIPO – Yatecomeré (YATEKOMO)
EU trade mark — Invalidity proceedings — EU word mark YATEKOMO — National figurative mark yatecomeré — Admissibility of new information seeking to substantiate the accuracy of a well-known fact — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
Case T-336/17 The GB Foods v EUIPO – Yatecomeré (YATEKOMO)
EU trade mark — Invalidity proceedings — EU word mark YATEKOMO — National figurative mark yatecomeré — Admissibility of new information seeking to substantiate the accuracy of a well-known fact — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 29 January 2019 ECLI:EU:T:2019:840 |
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Case T-149/16 Spliethoff's Bevrachtingskantoor v Commission
Action for annulment — Financial assistance in the field of Connecting Europe Facility — Transport sector for the period 2014-2020 — Lis pendens — Inadmissibility
Case T-79/18 Bekat v EUIPO – Borbet (ARBET)
EU trade mark — Opposition proceedings — Application for figurative EU mark ARBET — Prior national word mark BORBET — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-256/18 Arezzo Indústria e Comércio v EUIPO (SCHUTZ)
EU trade mark — Application for EU word mark SCHUTZ — Absolute grounds for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-215/17 Pear Technologies v EUIPO – Apple (PEAR)
EU trade mark — Opposition proceedings — Application for the EU figurative trade mark PEAR — Earlier EU figurative trade mark depicting an apple — Relative ground for refusal — No similarity between the signs — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 31 January 2019 ECLI:EU:T:2019:45 (Appeal: Case before the Court of Justice C-295/19 P) |
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Case T-559/17 Abdulkarim v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Temporal adjustment of the effects of annulment
Case T-604/17 Thun v EUIPO (Poisson)
Community design — Registered Community design — Failure to apply for renewal — Removal of the design from the register on expiry of registration — Application for restitutio in integrum — Cumulative conditions — Duty of due care — Delegation of power — Loss of a right
Case T-667/17 Alkarim for Trade and Industry v Council
Common Foreign and Security Policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Temporal adjustment of the effects of an annulment
Case T-97/18 DeepMind Technologies v EUIPO (STREAMS)
EU trade mark — Application for EU word mark STREAMS — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 — Previous EUIPO practice
Case T-427/18 Geske v EUIPO (SATISFYERMEN)
EU trade mark — Application for the EU figurative mark SATISFYERMEN — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Duty to state reasons — First sentence of Article 94 of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 31 January 2019 ECLI:EU:T:2019:41 (Appeal: Case before the Court of Justice C-285/19 P) |
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February 2019
Case T-177/16 Mema v CPVO (Braeburn 78 (11078))
Plant varieties — Application for a Community plant variety right for the plant variety Braeburn 78 (11078) — Designation of another examination office — Scope of the examination to be carried out by the Board of Appeal — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Third Chamber) of 5 February 2019
ECLI:EU:T:2019:57 |
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Case T-11/17 RK v Council
Civil service — Officials — Article 42c of the Staff Regulations — Placing official on leave in the interests of the service — Equal treatment — Prohibition of discrimination on grounds of age — Manifest error of assessment — Right to be heard — Duty to have regard for the welfare of officials — Responsibility
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 7 February 2019
ECLI:EU:T:2019:65 |
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Case T-287/17 Swemac Innovation v EUIPO – SWEMAC Medical Appliances (SWEMAC)
EU trade mark — Invalidity proceedings — EU word mark SWEMAC — Earlier national company name or trade name SWEMAC Medical Appliances AB — Relative ground for refusal — Limitation in consequence of acquiescence — Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 60(1)(c) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 54(2) of Regulation No 207/2009 (now Article 61(2) of Regulation 2017/1001) — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — Evidence presented for the first time before the General Court
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 7 February 2019
ECLI:EU:T:2019:69 |
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Case T-201/17 Printeos v Commission
Non-contractual liability — Competition — Agreements, decisions and concerted practices — Decision finding an infringement of Article 101 TFEU — Fines — Judgment partially annulling the decision — Reimbursement of the principal amount of the fine — Default interest — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Damage — Article 266 TFEU — Second sentence of Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 12 February 2019
ECLI:EU:T:2019:81 (Appeal: Case before the Court of Justice C-301/19 P) |
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Cases T-131/16 and T-263/16 Belgium and Magnetrol International v Commission
State aid — Aid scheme implemented by Belgium — Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted — Tax ruling — Excess profit exemption — Fiscal autonomy of the Member States — Concept of an aid scheme — Further implementing measures
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 14 February 2019
ECLI:EU:T:2019:91 (Appeal: Case before the Court of Justice C-337/19 P) |
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Case T-903/16 RE v Commission
Personal data — Protection of natural persons with respect to the processing of their data — Right of access to those data — Regulation (EC) No 45/2001 — Refusal to grant access — Actions for annulment — Email referring to an earlier partial refusal of access without carrying out a re-examination — Concept of a challengeable act within the meaning of Article 263 TFEU — Concept of a purely confirmatory act — Applicability to access to personal data — Substantial new facts — Interest in bringing proceedings — Admissibility — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 14 February 2019
ECLI:EU:T:2019:96 |
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Case T-123/18 Bayer Intellectual Property v EUIPO (Representation of a heart)
EU trade mark — Application for an EU figurative mark representing a heart — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 14 February 2019
ECLI:EU:T:2019:95 |
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Case T-125/18 Associazione GranoSalus v Commission
Actions for annulment — Plant-protection products — Substance active ‘glyphosate’ — Renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility
Language of the case: Italian
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Order of the General Court (First Chamber) of 14 February 2019
ECLI:EU:T:2019:92 (Appeal: Case before the Court of Justice C-313/19 P) |
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Case T-865/16 Fútbol Club Barcelona v Commission
State aid — Aid granted by the Spanish authorities in favour of certain professional football clubs — Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity — Decision declaring the aid incompatible with the internal market — Freedom of establishment — Advantage
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 26 February 2019
ECLI:EU:T:2019:113 (Appeal: Case before the Court of Justice C-362/19 P) |
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Information (on unpublished decisions)
Case T-88/18 Gruppo Armonie v EUIPO (ARMONIE)
EU trade mark — Application for EU figurative mark ARMONIE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-675/18 R Trifolio-M and Others v EFSA
Application for interim measures — Plant protection products — Procedure for reviewing the approval of the active substance azadirachtin — Rejection of the request for confidential treatment — No prima facie case
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Order of the President of the General Court of 5 February 2019 ECLI:EU:T:2019:64 (Appeal: Case before the Court of Justice C-163/19 P(R)) |
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Case T-461/17 TN v ENISA
Civil service — Members of the temporary staff — Recruitment — Notice of vacancy — Head of Unit post — Inclusion on the reserve list — Acceptance of the offer of employment — Withdrawal of the offer of employment — Conditions of employment — Character references — Article 12 of the CEOS — Manifest error of assessment — Processing of personal data — Right to be heard — Liability
Case T-580/17 Karp v Parliament
Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility — Autonomy of remedies — Non-renewal of a contract as a member of the auxiliary contract staff covering maternity leave — Obligation to state reasons — Successive fixed-term contracts — Abuse of rights — Right to be heard — Liability
Case T-332/18 Marry Me Group v EUIPO (MARRY ME)
EU trade mark — Application for EU word mark MARRY ME — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-333/18 Marry Me Group v EUIPO (marry me)
EU trade mark — Application for EU figurative mark marry me — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-487/16 Arango Jaramillo and Others v EIB
Civil service — EIB staff — Pensions — 2008 Reform — Increase in the rate of contributions — Subsequent pay slips — No act adversely affecting an official — Inadmissibility
Case T-549/17 Duym v Council
Civil service — Officials — Appointment to a post of head of unit — Vacancy notice — Rejection of an application — Appointment of another candidate — Obligation to state reasons — Principle of sound administration — Interests of the service — Manifest error of assessment — Principle of non-discrimination
Case T-656/17 Sumol + Compal Marcas v EUIPO – Jacob (Dr. Jacob's essentials)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dr. Jacob’s essentials — Earlier international word mark COMPAL ESSENCIAL — Earlier national and international figurative marks FRUTA essencial and Compal FRUTA essencial — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-766/17 Eglo Leuchten v EUIPO – Di-Ka (Light)
Community design — Invalidity proceedings — Registered Community design representing lighting apparatus — Ground for invalidity — Prior design — Individual character — Informed user — Degree of freedom of the designer — Article 6 of Regulation (EC) No 6/2002
Case T-767/17 Eglo Leuchten v EUIPO – Briloner Leuchten (Light)
Community design — Invalidity proceedings — Registered Community design representing lighting apparatus — Ground for invalidity — Prior design — Individual character — Informed user — Degree of freedom of the designer — Article 6 of Regulation (EC) No 6/2002
Case T-789/17 TecAlliance v EUIPO – Siemens (TecDocPower)
EU trade mark — Opposition proceedings — Application for the EU word mark TecDocPower — Earlier EU word and figurative marks TECDOC and TecDoc — Relative ground for refusal — Similarity of goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of earlier marks — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Case T-647/17 Serendipity and Morgese v EUIPO – CKL Holdings (CHIARA FERRAGNI)
EU trade mark — Opposition proceedings — Application for EU figurative mark CHIARA FERRAGNI — Earlier Benelux word mark Chiara — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-817/17 Schokker v EASA
Civil service — Contract staff — AESA — Recruitment — Selection procedure — Inclusion of the applicant on the reserve list — Withdrawal of the offer of employment made to the applicant — Liability — No unlawful conduct by the EASA — Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 8 February 2019 ECLI:EU:T:2019:74 (Appeal: Case before the Court of Justice C-310/19 P) |
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Case T-376/18 Front Polisario v Council
Action for annulment — International agreements — Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco — Decision authorising the opening of negotiations between the European Union and Morocco for the purpose of amending the partnership agreement — Lack of direct concern — Inadmissibility
Case T-292/15 Vakakis kai Synergates v Commission
Non-contractual liability — Public supply contracts — Tender procedure — Conflict of interests — Duty of diligence — Loss of opportunity — Compensation
Case T-134/17 Hércules Club de Fútbol v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a procedure for reviewing State aid — Refusal of access — Lis alibi pendens — Exception relating to protection of the purpose of inspections, investigations and audits — Exception relating to protection of the commercial interests of a third party — Obligation to conduct a specific and individual examination — Overriding public interest
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Judgment of the General Court (Fourth Chamber) of 12 February 2019 ECLI:EU:T:2019:80 (Appeal: Case before the Court of Justice C-332/19 P) |
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Case T-453/17 TV v Council
Civil service — Probationary officials — Probationary period — Probationary report — Opinion of the Joint Reports Committee — Dismissal at the end of the probationary period — Work not adequate — Article 34 of the Staff Regulations — Manifest error of assessment — Obligation to state reasons
Case T-231/18 Et Djili Soy Dzhihangir Ibryam v EUIPO – Lupu (Djili)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Djili — Earlier national word mark GILLY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 12 February 2019 ECLI:EU:T:2019:82 (Appeal: Case before the Court of Justice C-293/19 P) |
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Case T-823/17 Etnia Dreams v EUIPO – Poisson (Etnik)
EU trade mark — Opposition proceedings — Application for EU word mark Etnik — Earlier EU trade mark — Relative ground for refusal — Failure to identify the earlier trade mark in the notice of opposition — Principle of sound administration — Right to an effective remedy — Equality of arms — Principle of good faith — Legitimate expectations
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Judgment of the General Court (First Chamber) of 13 February 2019 ECLI:EU:T:2019:85 (Appeal: Case before the Court of Justice C-296/19 P) |
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Case T-278/18 Nemius Group v EUIPO (DENTALDISK)
EU trade mark — Application for EU word mark DENTALDISK — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-429/18 R BRF and SHB Comercio e Industria de Alimentos v Commission
Application for interim measures — Public health — Implementing Regulation (EU) 2018/700 — Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil — No urgency — Weighing-up of competing interests
Case T-91/17 L v Parliament
Civil service — Accredited parliamentary assistants — Sick leave — Sick leave spent elsewhere than at the place of employment — Unauthorised absence — Article 60 of the Staff Regulations — Duty of care — Principle of good administration
Case T-366/17 Poland v Commission
ERDF — Refusal to confirm a financial contribution to a major project — Article 41(1) of Regulation (EC) No 1083/2006 — Assessment of whether a major project is consistent with the priorities of the operational programme — Article 41(2) of Regulation (EC) No 1083/2006 — Time limit exceeded
Case T-768/17 Comprojecto-Projectos e Construções and Gomes de Azevedo v ECB
Action for failure to act, for annulment and for damages — Economic and monetary policy — Supervision of credit institutions — Unlawful acts allegedly committed by certain Portuguese credit institutions — Implied rejection of the request to take action made to the ECB — Manifest inadmissibility in part — Manifest lack of jurisdiction in part — Action in part manifestly unfounded in law
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Order of the General Court (Third Chamber) of 14 February 2019 ECLI:EU:T:2019:104 (Appeal: Case before the Court of Justice C-251/19 P) |
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Case T-796/17 Mouldpro v EUIPO – Wenz Kunststoff (MOULDPRO)
EU trade mark — Invalidity proceedings — EU word mark MOULDPRO — Absolute ground for invalidity — Bad faith — Article 59(1)(b) of Regulation (EU) 2017/1001 — Relative grounds for invalidity — Article 60(1)(b) and Article 8(3) of Regulation 2017/1001 — Article 60(1)(c) and Article 8(4) of Regulation 2017/1001
Case T-34/18 Giove Gas v EUIPO – Primagaz (KALON AL CENTRO DELLA FAMIGLIA)
EU trade mark — Opposition proceedings — Application for EU figurative mark KALON AL CENTRO DELLA FAMIGLIA — Earlier EU word mark CALOON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-63/18 Torro Entertainment v EUIPO – Grupo Osborne (TORRO Grande MEAT IN STYLE)
EU trade mark — Opposition proceedings — Application for EU figurative mark TORRO Grande MEAT IN STYLE — Earlier EU word marks TORO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — First sentence of Article 94(1) of Regulation 2017/1001 — Duty of care — Article 95(1) of Regulation 2017/1001
Case T-162/18 Beko v EUIPO – Acer (ALTUS)
EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625)
Case T-224/18 RII PV v Commission
Interim measures — Civil Service — Disciplinary proceedings — Setting the salary at ‘zero’ — Change of circumstances — Inadmissibility — No new facts
Case T-258/18 Brunke v Commission
Action for failure to act — Deadline for bringing an action — Starting point — No invitation to act — Second invitation to act — Manifest inadmissibility — Application of a declaratory nature — Application for interim measures — Manifest lack of jurisdiction
Case T-524/16 R Aresu v Commission
Interim measures — Civil Service — Officials — Reform of the Staff Regulations of 1 January 2014 — Reduced number of days of annual leave — Replacement of travelling time by home leave — Application for interim measures — No urgency
Case T-679/16 Athletic Club v Commission
State aid — Aid granted by the Spanish authorities to certain professional football clubs — Preferential tax rate on the income of the clubs authorised to operate as non-profit organisations — Decision declaring that the aid is incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Infra-State measure — Selective nature — Distortion of competition — Effect on trade between Member States — Alteration to existing aid — Duty to state reasons
Case T-870/16 Miserini Johansson v EIB
Civil service — Staff of the EIB — Prolonged or repeated absence on account of a non-occupational accident or disease — Remuneration reduced after 12 months of absence — Article 33 of the EIB Staff Regulations — Procedure for recognition of the occupational origin of the disease
Case T-107/18 Aytekin v EUIPO – Dienne Salotti (Dienne)
EU trade mark — Opposition proceedings — Application for EU figurative mark Dienne — Earlier EU figurative mark ENNE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-401/18 SFIE-PE v Parliament
Action for annulment — Institutional law — Interpreters’ strike — Measures requisitioning interpreters adopted by the European Parliament — Measure not open to challenge — No individual concern — Inadmissibility
Case T-581/18 Kayibanda and Sors v Commission
Action for annulment — Alleged discrimination between European officials and other national residents as regards the method of calculating the net remuneration determining the rate of certain social benefits — Coordination of social security systems — Decision to take no further action on a complaint — Failure to initiate infringement proceedings — Inadmissibility
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Order of the General Court (Sixth Chamber) of 27 February 2019 ECLI:EU:T:2019:133 (Appeal: Case before the Court of Justice C-317/19 P) |
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Case T-69/16 Ateknea Solutions Catalonia v Commission
Arbitration clause — Contracts concluded within the sixth framework programme for Research and Technological Development (2002-2006) — Reimbursement of costs incurred by the applicant plus default interest — Eligible costs — Contractual liability
Case T-414/16 Drex Technologies v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 28 February 2019 ECLI:EU:T:2019:117 (Appeal: Case before the Court of Justice C-348/19 P) |
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Case T-415/16 Almashreq Investment Fund v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 28 February 2019 ECLI:EU:T:2019:116 (Appeal: Case before the Court of Justice C-349/19 P) |
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Case T-440/16 Souruh v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Duty to state reasons — Error of assessment — Right to respect for one’s good name and reputation — Right to property — Presumption of innocence — Proportionality
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Judgment of the General Court (Fifth Chamber) of 28 February 2019 ECLI:EU:T:2019:115 (Appeal: Case before the Court of Justice C-350/19 P) |
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Case T-178/18 Région de Bruxelles-Capitale v Commission
Action for annulment — Plant-protection products — Active substance glyphosate — Renewal of inclusion in the Annex to Implementing Regulation (EU) No 540/2011 — Lack of direct concern — Inadmissibility
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Order of the General Court (Fifth Chamber) of 28 February 2019 ECLI:EU:T:2019:130 (Appeal: Case before the Court of Justice C-352/19 P) |
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Case T-216/18 Pozza v Parliament
Civil service — Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Place where main occupation is carried on — Inter-institutional transfer — Decision no longer to grant expatriation allowance — Competence — Legitimate expectations
Case T-375/18 Gollnisch v Parliament
Action for annulment and for damages — Institutional law — European Parliament — Work of a delegation outside the European Union — Decision of the President of the Delegation for Relations with Japan — List of the persons authorised to participate in an interparliamentary meeting in Japan which did not include the name of the applicant — Period within which an action must be brought — Late submission — Measure not open to challenge — Disregard of formal requirements — Inadmissibility
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Order of the General Court (First Chamber) of 28 February 2019 ECLI:EU:T:2019:131 (Appeal: Case before the Court of Justice C-351/19 P) |
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Case T-459/18 Lotte v EUIPO – Générale Biscuit-Glico France (PEPERO original)
EU trade mark — Invalidity proceedings — EU figurative mark PEPERO original — Earlier national three-dimensional trade mark — Shape of an oblong biscuit partially covered with chocolate — Declaration of invalidity — Article 8(5) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Earlier mark consisting of the shape of the product — Use as a trade mark — No alteration of the distinctive character
March 2019
Case T-289/15 Hamas v Council
Common foreign and security policy — Restrictive measures against certain persons and entities with a view to combating terrorism — Freezing of funds — Whether an authority of a third State can be classified as a competent authority within the meaning of Common Position 2001/931/CFSP — Factual basis of the decisions to freeze funds — Obligation to state reasons — Error of assessment — Right to property
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 6 March 2019
ECLI:EU:T:2019:138 (Appeal: Case before the Court of Justice C-386/19 P) |
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Case T-716/14 Tweedale v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to toxicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 7 March 2019
ECLI:EU:T:2019:141 |
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Case T-837/16 Sweden v Commission
REACH — Commission Decision authorising the use of lead sulfochromate yellow and of lead chromate molybdate sulfate red — Article 60(4) and (5) of Regulation (EC) No 1907/2006 — Examination of the lack of availability of alternatives — Error of law
Language of the case: Swedish
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Judgment of the General Court (Fifth Chamber) of 7 March 2019
ECLI:EU:T:2019:144 (Appeal: Case before the Court of Justice C-389/19 P) |
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Case T-59/17 L v Parliament
Civil service — Accredited parliamentary assistant — Termination of the contract — Breakdown in the relationship of trust — Outside activity — Manifest error of assessment — Claim for damages
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 7 March 2019
ECLI:EU:T:2019:140 |
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Case T-135/15 Italy v Commission
EAGF – Expenditure excluded from financing – Expenditure incurred by Italy – Temporary scheme for the restructuring of the sugar industry – Regulation (EC) No 320/2006 – Regulation (EC) No 968/2006 – Regulation (EC) No 1290/2005 – Time limit of 24 months – Concept of ‘multiannual measure’ – Conditions for granting restructuring aid – Concept of ‘production facility’ – Classification of silos – Concept of ‘full dismantling’ – Annex 2 to Document VI/5330/97 – Problems in interpreting EU legislation – Sincere cooperation – Legitimate expectations – Ne bis in idem – Slaughter premiums – Information provision and promotion measures for agricultural products – Late payments – Evidence of the existence of exceptional management conditions – Equal treatment – Mistranslation in one of the language versions of an EU regulation – Whether the Member State is answerable for the financial correction
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber) of 12 March 2019
ECLI:EU:T:2019:155 (Appeal: Case before the Court of Justice C-390/19 P) |
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Case T-139/15 Hungary v Commission
EAGGF – Guarantee Section – EAGF – Sugar – Temporary scheme for the restructuring of the sugar industry in the European Community – Regulation (EC) No 320/2006 – Regulation (EC) No 968/2006 – Expenditure excluded from financing – Expenditure incurred by Hungary – Conditions for granting aid for full dismantling and aid for partial dismantling – Concept of ‘production facilities’ – Assessment of the use of silos on the date of submission of the application for aid – Concept of ‘full dismantling’ – Annex 2 to Document VI/5330/97 – Problems in interpreting EU legislation – Sincere cooperation
Language of the case: Hungarian
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Judgment of the General Court (Fourth Chamber) of 12 March 2019
ECLI:EU:T:2019:156 |
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Case T-798/17 De Masi and Varoufakis v ECB
Access to documents – Decision 2004/258/EC — Document entitled ‘Responses to questions concerning the interpretation of Article 14.4 of the Protocol on the Statute of the ESCB and of the ECB’ – Refusal to grant access – Exception relating to the protection of legal advice – Exception relating to the protection of documents for internal use – Overriding public interest
Language of the case: German
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Judgment of the General Court (Second Chamber) of 12 March 2019
ECLI:EU:T:2019:154 (Appeal: Case before the Court of Justice C-342/19 P) |
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Case T-410/18 Silgan Closures and Silgan Holdings v Commission
Action for annulment — Competition — Agreements, decisions and concerted practices — Market in metal packaging — Decision to open an investigation — Act not open to challenge — Inadmissibility
Language of the case: German
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Order of the General Court (Fifth Chamber) of 15 March 2019
ECLI:EU:T:2019:166 (Appeal: Case before the Court of Justice C-418/19 P) |
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Joined Cases T-98/16, T-196/16 and T-198/16 Italy and Others v Commission
Language of the case: Italian
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Judgment of the General Court (Third Chamber, Extended Composition) of 19 March 2019
ECLI:EU:T:2019:167 (Appeal: Case before the Court of Justice C-425/19 P) |
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Joined Cases T-282/16 and T-283/16 Inpost Paczkomaty and Inpost v Commission
Language of the case: Polish
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Judgment of the General Court (Third Chamber, Extended Composition) of 19 March 2019
ECLI:EU:T:2019:168 (Appeal: Case before the Court of Justice C-431/19 P) (Appeal: Case before the Court of Justice C-432/19 P) |
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Case T-310/16 Foshan Lihua Ceramic v Commission
Dumping — Imports of ceramic tiles originating in China — Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) — Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 — Sampling — Individual examination — Confidentiality
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 20 March 2019
ECLI:EU:T:2019:170 |
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Case T-766/16 Hércules Club de Fútbol v Commission
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 20 March 2019
ECLI:EU:T:2019:173 |
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Case T-433/16 Pometon v Commission
Competition – Agreements and concerted practices – European steel abrasives market – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Chronologically staggered ‘hybrid’ procedure – Presumption of innocence – Principle of impartiality – Charter of Fundamental Rights – Evidence of the infringement – Single and continuous infringement – Restriction of competition by object – Duration of the infringement – Fine – Exceptional adaptation of the basic amount – Obligation to state reasons – Proportionality – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Third Chamber, Extended Composition) of 28 March 2019
ECLI:EU:T:2019:201 (Appeal: Case before the Court of Justice C-440/19 P) |
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Cases T-251/17 and T-252/17 Robert Bosch v EUIPO (Simply. Connected.)
EU trade mark — Applications for the EU figurative marks Simply.Connected. — Absolute ground for refusal — No distinctive character — Scope of the examination to be carried out by the Board of Appeal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Article 64 of Regulation No 207/2009 (now Article 71 of Regulation 2017/1001)
Language of the case: German
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Judgment of the General Court (Third Chamber, Extended Composition) of 28 March 2019
ECLI:EU:T:2019:202 |
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Information (on unpublished decisions)
Case T-169/17 Pethke v EUIPO
Civil Service — Officials — Assignment — Reassignment of a Head of Service to a post of principal administrator — Article 7(1) of the Staff Regulations — Interests of the service — Equivalence of posts — Discrimination on grounds of sex — Proportionality –Action for damages — Inadmissibility — Failure to comply with the pre-litigation procedure
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Judgment of the General Court (Fourth Chamber) of 5 March 2019 ECLI:EU:T:2019:135 (Appeal: Case before the Court of Justice C-382/19 P) |
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Case T-439/17 Yellow Window v EIGE
Public service contracts — Tender procedure — Provision of a service for the implementation of a study on female genital mutilation — Rejection of a tenderer’s bid — Obligation to state reasons — Coherence between comments and the numerical score — Non-contractual liability
Case T-450/17 Eurosupport - Fineurop support v EIGE
Public service contracts — Tender procedure — Provision of a service for the implementation of a study on female genital mutilation — Rejection of a tenderer’s bid — Obligation to state reasons — Coherence between comments and the numerical score — Non-contractual liability
Case T-263/18 Meblo Trade v EUIPO – Meblo Int (MEBLO)
EU trade mark — Revocation proceedings — European Union figurative trade mark MEBLO — Genuine use of the trade mark — Article 58(1)(a) of Regulation (EU) 2017/1001 — Proof of genuine use
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Judgment of the General Court (Third Chamber) of 5 March 2019 ECLI:EU:T:2019:134 (Appeal: Case before the Court of Justice C-359/19 P) |
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Case T-321/18 Serenity Pharmaceuticals v EUIPO – Gebro Holding (NOCUVANT)
EU trade mark — Opposition proceedings — Application for EU word mark NOCUVANT — Earlier word marks NOCUTIL — Proof of genuine use — Article 47(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation 2017/1001
Case T-329/17 Hautala and Others v EFSA
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to carcinogenicity studies conducted in connection with the renewal of the approval of the active substance glyphosate — Partial refusal to grant access — Exception relating to the protection of commercial interests — Overriding public interest — Regulation (EC) No 1367/2006 — Concept of information relating to emissions into the environment
Case T-106/18 Laverana v EUIPO – Agroecopark (VERA GREEN)
EU trade mark — Opposition proceedings — Application for EU word mark VERA GREEN — Earlier EU word mark LAVERA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-156/18 Legutko and Poręba v Parliament
Action for failure to act — Institutional law — Rules of Procedure of the Parliament — Article 130 — Annex II — Question for written answer — Request that the question be forwarded to the Council — Notification of the decision finding the question inadmissible — Invitation to act — Position of the Parliament — Application for an injunction — Inadmissible
Case T-326/18 Herrero Torres v EUIPO – DZ Licores (CARAJILLO LICOR 43 CUARENTA Y TRES)
EU trade mark — Opposition proceedings — Application for EU figurative mark CARAJILLO LICOR 43 CUARENTA Y TRES — Earlier national figurative mark Carajillo — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 8 March 2019 ECLI:EU:T:2019:149 (Appeal: Case before the Court of Justice C-369/19 P) |
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Case T-156/15 France v Commission
EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by France — Area-related aid scheme — Procedural safeguards — Regulation (EC) No 885/2006 — Concept of ‘permanent pasture’ — Regulation (EC) No 1120/2009 — National control system based on a definition of forage areas which is not consistent with EU law — Exclusion of all the expenditure — Proportionality — Metropolitan France’s rural development programme — Rural development support measures — Areas with natural handicaps — Regulation (EC) No 1975/2006 — Regulation (EU) No 65/2011 — Flat-rate financial correction — On-the-spot checks — Loading criterion — Counting of animals — Temporary scheme for the restructuring of the sugar industry — Regulation (EC) No 320/2006 — Regulation (EC) No 968/2006 — Conditions for the grant of restructuring aid — Concept of ‘production facilities’ — Assessment of the use of silos on the date of submission of the aid application — Concept of ‘full dismantling’ — Proportionality — Equal treatment — Annex 2 to document VI/5330/97
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Judgment of the General Court (Fourth Chamber) of 12 March 2019 ECLI:EU:T:2019:157 |
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Case T-220/16 Perry Ellis International Group v EUIPO (PRO PLAYER)
EU trade mark — Application for EU word mark PRO PLAYER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
Case T-799/16 Xiaomi v EUIPO – Dudingen Develops (MI)
EU trade mark — Opposition proceedings — Application for EU figurative mark MI — Earlier EU figurative mark MI — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-446/17 TK v Parliament
Civil service — Temporary agents — Change in the activities assigned — Concept of concern — Invitation to an interview — Concept of proceedings — Allegation of psychological harassment — Request for assistance — Liability — Non-material damage
Case T-26/18 France v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by France — One-off and flat-rate financial corrections — Area-related aid scheme — Land Parcel Identification System — Determination of eligible areas — Maintenance of agricultural land in good agricultural and environmental condition — Landscape features — Grazable heathland — National monitoring system based on a non-compliant definition of eligible areas — Proportionality — Obligation to state reasons — Conformity Clearance — Most likely error — Error of law
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Judgment of the General Court (Second Chamber) of 12 March 2019 ECLI:EU:T:2019:153 (Appeal: Case before the Court of Justice C-404/19 P) |
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Case T-463/18 Novartis v EUIPO (SMARTSURFACE)
EU trade mark — Application for EU word mark SMARTSURFACE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-730/16 Espírito Santo Financial Group v ECB
Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to documents intended for internal use — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 13 March 2019 ECLI:EU:T:2019:161 (Appeal: Case before the Court of Justice C-396/19 P) |
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Case T-297/18 Wirecard Technologies v EUIPO – Striatum Ventures (supr)
EU trade mark — Invalidity proceedings — EU word mark supr — Earlier Benelux word mark Zupr — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 13 March 2019 ECLI:EU:T:2019:160 (Appeal: Case before the Court of Justice C-375/19 P) |
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Case T-239/18 SKS Import Export v Commission
Action for annulment — Free movement of capital — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing (AML/CTF) — Directive (EU) 2015/849 — Delegated Regulation (EU) 2018/212 — Inclusion of Tunisia on the list of high-risk third countries — Inadmissibility
Case T-133/18 IQ Group Holdings v EUIPO – Krinner Innovation (Lumiqs)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Lumiqs — Earlier EU word and figurative marks Lumix — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-766/16 R-RENV Hércules Club de Fútbol v Commission
Application for interim measures — State aid — Aid granted by Spain in favour of certain professional football clubs — Public guarantee granted by a public body — Decision declaring the aid incompatible with the internal market — Application for suspension of operation — Satisfaction accorded to the main action — Proceedings which have become devoid of purpose — No need to adjudicate
Case T-138/17 Prim v EUIPO – Primed Halberstadt Medizintechnik (PRIMED)
EU trade mark — Invalidity proceedings — EU word mark PRIMED — Earlier national figurative marks PRIM S.A., PRiM, S.A. SUMINISTROS MEDICOS and GRUPO PRiM — Genuine use of the earlier marks — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64(2) and (3) of Regulation (EU) 2017/1001) — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) — Submission of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Classification as new or additional evidence — Article 76(2) of Regulation No 207/2009 (now Article 95(2) of Regulation 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 20 March 2019 ECLI:EU:T:2019:174 (Appeal: Case before the Court of Justice C-421/19 P) |
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Case T-237/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Spain — Criterion for the recognition of a producer organisation — Article 11 of Regulation (EC) No 2200/96 — Financial correction
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Judgment of the General Court (Seventh Chamber) of 20 March 2019 ECLI:EU:T:2019:172 (Appeal: Case before the Court of Justice C-406/19 P) |
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Case T-760/17 Meesenburg Großhandel v EUIPO (Triotherm+)
EU trade mark — Application for EU word mark Triotherm+ — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Right to be heard
Case T-762/17 Grammer v EUIPO (Representation of a shape)
EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
Case T-777/17 Pan v EUIPO – Entertainment One UK (TOBBIA)
EU trade mark — Invalidity proceedings — EU figurative mark TOBBIA — Earlier EU figurative mark Peppa Pig — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 21 March 2019 ECLI:EU:T:2019:180 (Appeal: Case before the Court of Justice C-412/19 P) |
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Case T-186/18 Abaco Energy and Others v Commission
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by recipients — No interest in bringing proceedings — Inadmissibility
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Order of the General Court (Ninth Chamber) of 25 March 2019 ECLI:EU:T:2019:206 (Appeal: Case before the Court of Justice C-436/19 P) |
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Case T-190/18 Solwindet las Lomas v Commission
Actions for annulment — State aid — Aid scheme for renewable energies — Preliminary examination procedure — Decision finding the aid scheme compatible with the internal market — Action brought by a recipient — No interest in bringing proceedings — Inadmissibility
Case T-480/17 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — One-off and flat-rate financial corrections — Cross compliance — Monitoring of statutory management requirements — Risk analysis — Assessment of the financial loss — Obligation to state reasons — Proportionality
Case T-582/17 Boshab and Others v Council
Common Foreign and Security Policy — Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo — List of persons and entities subject to the freezing of funds and economic resources and to the prohibition of entry and transit — Inclusion of the names of the applicants on the list — Rights of the defence — Right to be heard — Obligation to state reasons — Manifest error of assessment — Right to effective judicial protection
Case T-725/17 Clestra Hauserman v Parliament
Public works contracts — Tendering procedure — Works relating to the ‘Removable partitioning — doors’ of the project to extend and modernise the Parliament’s Konrad Adenauer Building in Luxembourg — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Obligation to state reasons — Abnormally low tender — Manifest error of assessment — Non-contractual liability
Case T-787/17 Parfümerie Akzente v EUIPO (GlamHair)
EU trade mark — Application for EU word mark GlamHair — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-105/18 Deray v EUIPO – Charles Claire (LILI LA TIGRESSE)
EU trade mark — Opposition proceedings — Application for EU word mark LILI LA TIGRESSE — Earlier EU word mark TIGRESS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-265/18 Biernacka-Hoba v EUIPO – Formata Bogusław Hoba (Formata)
EU trade mark — Invalidity proceedings — EU figurative mark Formata — Earlier international figurative mark Formata — Relative ground for invalidity — Article 60(1)(a) and Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 — Rule 37 of Regulation (EC) No 2868/95 (now Article 12 of Delegated Regulation (EU) 2018/625) — Conditions governing the representation of the earlier mark — Rule 19 of Regulation No 2868/95 (now Article 7 of Delegated Regulation 2018/625) — Legitimate expectations — Reimbursement of the costs of representation — Article 109 of Regulation 2017/1001 and Rule 94 of Regulation No 2868/95 (now Article 109 of Regulation 2017/1001)
Case T-562/17 dm-drogerie markt v EUIPO – Albea Services (ALBÉA)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALBÉA — Earlier international registration designating the European Union — Word mark Balea — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-829/17 Coesia v EUIPO (Representation of a circular shape consisting of two oblique red lines)
EU trade mark — Application for an EU figurative mark representing two oblique red curves — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
Case T-259/18 Zakłady Chemiczne 'Siarkopol' Tarnobrzeg v EUIPO – EuroChem Agro (Unifoska)
EU trade mark — Opposition proceedings — Application for the EU word mark Unifoska — Earlier EU word mark NITROFOSKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-276/18 Julius-K9 v EUIPO – El Corte Inglés (K9 UNIT)
EU trade mark — Opposition proceedings — Application for EU figurative mark K9 UNIT — Earlier EU figurative mark unit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-631/18 Herholz v EUIPO (#)
EU trade mark — Application for the EU word mark # — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Application for variation — Manifest inadmissibility
Case T-611/17 All Star v EUIPO – Carrefour Hypermarchés (Shape of a shoe sole)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a shoe sole — Well-known facts — Obligation to state reasons — Rights of the defence — Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) — Distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) — Rejection of the request to hold a hearing before the Board of Appeal — Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 29 March 2019 ECLI:EU:T:2019:210 (Appeal: Case before the Court of Justice C-461/19 P) |
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April 2019
Case T-492/17 Fleig v EEAS
Civil Service – Contract staff – Contract of indefinite duration – Article 47(c)(i) of the CEOS – Termination with notice – Grounds for termination – Breakdown in the relationship of trust – Interests of the service – Manifest error of assessment – Duty to have regard to the welfare of staff – Principle of sound administration – Articles 30 and 41 of the Charter of Fundamental Rights – Procedural issue – Publication on the internet of documents included in the file relating to the proceedings before the General Court – Article 17 of the Staff Regulations
Language of the case: German
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Judgment of the General Court (First Chamber) of 2 April 2019 (Extracts)
ECLI:EU:T:2019:211 (Appeal: Case before the Court of Justice C-446/19 P) |
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Cases T-910/16 and T-911/16 Hesse and Wedl & Hofmann v EUIPO – (TESTA ROSSA)
EU trade mark — Revocation proceedings — EU figurative mark TESTA ROSSA — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of use — Outward use of the contested mark — Equal treatment
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 4 April 2019
ECLI:EU:T:2019:221 (Appeal: Case before the Court of Justice C-426/19 P) |
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Case T-5/17 Sharif v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Manifest error of assessment — Right to property — Proportionality — Damage to reputation
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 4 April 2019 (Extracts)
ECLI:EU:T:2019:216 |
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Case T-108/17 ClientEarth v Commission
REACH — Regulation (EC) No 1907/2006 — Bis(2-ethylhexyl) phthalate (DEHP) — Request for internal review of a decision on marketing authorisation rejected as unfounded — Error of law — Manifest error of assessment — Article 10 of Regulation (EC) No 1367/2006
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 4 April 2019
ECLI:EU:T:2019:215 (Appeal: Case before the Court of Justice C-458/19 P) |
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Case T-61/18 Rodriguez Prieto v Commission
Civil service — Officials — ‘Eurostat’ case — National criminal proceedings — No need to adjudicate — Request for assistance — Whistle-blower — Presumption of innocence — Action for damages and annulment
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 4 April 2019
ECLI:EU:T:2019:217 (Appeal: Case before the Court of Justice C-457/19 P) |
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Case T-481/18 Electroquimica Onubense v ECHA
REACH — Representation by a lawyer who is not a third party — Manifest inadmissibility
Language of the case: Spanish
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Order of the General Court (First Chamber) of 8 April 2019
ECLI:EU:T:2019:227 |
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Case T-182/15 Sopra Steria Group v Parliament
Public service contracts — Tendering procedure — Supply of IT services to the Parliament and other EU institutions and bodies — Exclusion from tendering procedures — Potential conflict of interests — Failure to provide information required by the contracting authority — Article 107(1)(b) of the Financial Regulation — Transparency — Proportionality — Equal treatment — Article 102(1) of the Financial Regulation
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 9 April 2019
ECLI:EU:T:2019:228 |
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Case T-388/11 Deutsche Post v Commission
State aid – Postal services – Financing of the additional labour and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by the remuneration for price-regulated services – Decision to extend the formal investigation procedure – Decision establishing the existence of new aid on conclusion of the preliminary investigation stage – Action for annulment – Act open to challenge – Interest in bringing proceedings – Admissibility – Consequences of annulment of the final decision – Obligation to state reasons
Language of the case: German
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Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019
ECLI:EU:T:2019:237 |
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Case T-300/16 Jindal Saw and Jindal Saw Italia v Commission
Subsidies — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/387 — Imposition of a definitive countervailing duty — Indian scheme establishing an export tax on iron ore and a dual railway freight charge placing the transport of iron ore for export at a disadvantage — Article 3(1)(a)(iv) of Regulation (EC) No 597/2009 (replaced by Regulation (EU) 2016/1037) — Financial contribution — Provision of goods — Action consisting of ‘entrusting’ a private body to carry out a function constituting a financial contribution — Article 4(2)(a) of Regulation No 597/2009 — Specificity of a subsidy — Article 6(d) of Regulation No 597/2009 — Calculation of benefit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the subsidy investigation — Rights of the defence
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019
ECLI:EU:T:2019:235 |
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Case T-301/16 Jindal Saw and Jindal Saw Italia v Commission
Dumping — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/388 — Regulation (EC) No 1255/2009 (replaced by Regulation (EU) 2016/1036) — Dumping margin — Determination of the export price — Association between an exporter and an importer — Reliable export price — Construction of the export price — Reasonable margin for selling, general and administrative costs — Reasonable margin for profit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the anti-dumping investigation — Rights of the defence
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019
ECLI:EU:T:2019:234 |
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Case T-643/16 Gamaa Islamya Égypte v Council
Language of the case: French
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Judgment of the General Court (First Chamber) of 10 April 2019
ECLI:EU:T:2019:238 |
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Case T-492/15 Deutsche Lufthansa v Commission
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport and airlines using that airport — Decision regarding the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport — Lack of individual concern — Lack of direct concern — Inadmissibility
Language of the case: German
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 12 April 2019
ECLI:EU:T:2019:252 (Appeal: Case before the Court of Justice C-453/19 P) |
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Case T-737/17 Wattiau v Parliament
Civil service — Social security — JSIS — Reimbursement of medical expenses — Agreement concluded, in particular, between the European Union, Luxembourg and the Entente des hôpitaux luxembourgeois on the scales of fees for hospital care received by JSIS members — Plea of illegality — Principle of non-discrimination on grounds of nationality — First paragraph of Article 18 TFEU — Articles 20 and 21 of the Charter of Fundamental Rights — Article 39 of the Joint Rules on sickness insurance for officials
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 30 April 2019
ECLI:EU:T:2019:273 |
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Case T-747/17 UPF v Commission
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 30 April 2019
ECLI:EU:T:2019:271 |
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Case T-530/18 Romania v Commission
Actions for annulment — EAGF and EAFRD — Commission Implementing Decision — Notification to the addressee — Publication of the decision in the Official Journal of the European Union — Period within which proceedings must be commenced — Point from which time starts to run — Out of time — Inadmissibility
Language of the case: Romanian
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Order of the General Court (Eighth Chamber) of 30 April 2019
ECLI:EU:T:2019:269 (Appeal: Case before the Court of Justice C-498/19 P) |
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Information (on unpublished decisions)
Case T-79/19 R Lantmännen and Lantmännen Agroetanol v Commission
Application for interim measures — Competition — Settlement procedure — Access to documents — No urgency
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Order of the President of the General Court of 2 April 2019 ECLI:EU:T:2019:212 (Appeal: Case before the Court of Justice C-318/19 P(R)) |
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Case T-468/18 NSC Holding v EUIPO – Ibercondor (CONDOR SERVICE, NSC)
EU trade mark — Opposition proceedings — Application for EU figurative mark CONDOR SERVICE, NSC — Earlier EU word mark IBERCONDOR — Relative ground for refusal — Likelihood of confusion — Relevant public — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-555/18 Medrobotics v EUIPO (See More. Reach More. Treat More.)
EU trade mark — Application for the EU word mark See More. Reach More. Treat More. — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-779/17 United Wineries v EUIPO – Compañía de Vinos Miguel Martín (VIÑA ALARDE)
EU trade mark — Opposition proceedings — Application for EU word mark VIÑA ALARDE — Earlier national word mark ‘ALARDE’ — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
Case T-804/17 Stada Arzneimittel v EUIPO (Representation of two facing arches)
EU trade mark — Application for an EU figurative mark representing two facing arches — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 4 April 2019 ECLI:EU:T:2019:218 (Appeal: Case before the Court of Justice C-460/19 P) |
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Case T-373/18 ABB v EUIPO (FLEXLOADER)
EU trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods covered by the mark applied for
Case T-259/15 Close and Cegelec v Parliament
Public works contracts — Tender procedure — Construction of an energy unit — Extension and refurbishment of the Konrad Adenauer building in Luxembourg — Rejection of tender submitted by a tenderer — Award of the contract to another tenderer — Selection criteria — Financial and economic capacity — Technical and professional capacity — Obligation to state reasons — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 9 April 2019 ECLI:EU:T:2019:229 (Appeal: Case before the Court of Justice C-447/19 P) |
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Case T-319/17 Aldridge and Others v Commission
Civil service — Temporary staff — OLAF — Contract for an indefinite period — Decision of the Director of OLAF establishing a one-off reclassification to the next higher grade — Request for an annual reclassification procedure to be launched — Measure of a general nature — Time-limit for bringing an action — Point from which time stars to run — Publication on the intranet — Inadmissibility
Case T-371/17 Qualcomm and Qualcomm Europe v Commission
Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — Necessity of the information requested — Proportionality — Burden of proof — Privilege against self-incrimination — Principle of good administration
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Judgment of the General Court (Second Chamber) of 9 April 2019 ECLI:EU:T:2019:232 (Appeal: Case before the Court of Justice C-466/19 P) |
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Case T-371/17 Qualcomm and Qualcomm Europe v Commission
Competition — Market for baseband chipsets used in consumer electronic devices — Administrative procedure — Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 — Decision requesting information — Obligation to state reasons — Necessity of the information requested — Proportionality — Burden of proof — Privilege against self-incrimination — Principle of good administration
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Judgment of the General Court (Second Chamber) of 9 April 2019 ECLI:EU:T:2019:232 (Appeal: Case before the Court of Justice C-466/19 P) |
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Case T-277/18 Zitro IP v EUIPO (PICK & WIN MULTISLOT)
EU trade mark — Application for EU figurative mark PICK & WIN MULTISLOT — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-51/17 Poland v Commission
EAGF and EAFRD — Expenditure excluded from EU financing — Fruit and vegetable sector — Aid to producer groups — Expenditure effected by Poland — Weaknesses in key controls — Checks on recognition plans and on recognition criteria — Checks on applications for aid — Economic consistency — Reasonableness of expenditure — Systemic weakness — Risk to EAGF — Flat rate corrections of 25%
Case T-229/17 Germany v Commission
Approximation of laws — Regulation (EU) No 305/2011 — Regulation (EU) No 1025/2012 — Construction products — Harmonised standards EN 14342:2013 and EN 14904:2006 — Obligation to state reasons
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Judgment of the General Court (First Chamber) of 10 April 2019 ECLI:EU:T:2019:236 (Appeal: Case before the Court of Justice C-475/19 P) |
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Case T-303/18 RENV AV v Commission
Civil service — Temporary agents — Engagement — Article 13 of the CEOS — Pre-engagement medical examination — Incomplete declarations at the medical examination — Failure of the person concerned to declare an illness — Subsequent discovery by the AECE — Retroactive application of medical cover deferment for five years — Referral to the Invalidity Committee — Reasonable time limit — Responsibility — Non-material injury
Case T-223/17 Adapta Color v EUIPO – Coatings Foreign IP (ADAPTA POWDER COATINGS)
EU trade mark — Invalidity proceedings — EU figurative mark ADAPTA POWDER COATINGS — Declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-224/17 Adapta Color v EUIPO – Coatings Foreign IP (Bio proof ADAPTA)
EU trade mark — Invalidity proceedings — EU figurative mark Bio proof ADAPTA — Declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-225/17 Adapta Color v EUIPO – Coatings Foreign IP (Bio proof ADAPTA)
EU trade mark — Invalidity proceedings — EU figurative mark Bio proof ADAPTA — Declaration of partial invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-226/17 Adapta Color v EUIPO – Coatings Foreign IP (Rustproof System ADAPTA)
EU trade mark — Invalidity proceedings — EU word mark Rustproof system ADAPTA — Partial declaration of invalidity by the Board of Appeal — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Infringement of the right to be heard — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Evidence submitted for the first time before the Court
Case T-655/17 Inditex v EUIPO – Ansell (ZARA TANZANIA ADVENTURES)
EU trade mark — Opposition proceedings — Application for the EU figurative mark ZARA TANZANIA ADVENTURES — Earlier EU word marks ZARA — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Unfair advantage taken of the distinctive character or the repute of the earlier trade marks — Detriment to the distinctive character or the repute of the earlier trade marks
Case T-765/17 Kiku v CPVO – Sächsisches Landesamt für Umwelt, Landwirtschaft und Geologie (Pinova)
Plant varieties — Nullity proceedings — Apple variety Pinova — Rejection of the application for a declaration of nullity — New variety — Article 10 of Regulation (EC) No 2100/94 — Burden of proof — Article 76 of Regulation No 2100/94 — Examination of the facts by the CPVO of its own motion
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Judgment of the General Court (Sixth Chamber) of 11 April 2019 ECLI:EU:T:2019:244 (Appeal: Case before the Court of Justice C-444/19 P) |
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Case T-323/18 Fomanu v EUIPO – Fujifilm Imaging Germany (Representation of a butterfly)
EU trade mark — Revocation proceedings — EU figurative mark representing a butterfly — Genuine use of the mark — Partial revocation — Article 18(1) of Regulation (EU) 2017/1001 — Article 58(1)(a) and (2) of Regulation 2017/1001
Case T-403/18 Pharmadom v EUIPO – Objectif Pharma (WS wellpharma shop)
EU trade mark — Opposition proceedings — Application for EU figurative mark WS wellpharma shop — Earlier national word mark WELL AND WELL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-477/18 Užstato sistemos administratorius v EUIPO – DPG Deutsche Pfandsystem (Representation of a bottle and an arrow)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a bottle and an arrow — Earlier EU figurative mark representing a can, a bottle and an arrow — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Cases T-516/16 and T-536/16 Alvarez y Bejarano and Others v Commission
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time
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Judgment of the General Court (Eighth Chamber) of 30 April 2019 ECLI:EU:T:2019:267 (Appeal: Case before the Court of Justice C-517/19 P) |
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Cases T-523/16 and T-542/16 Ardalic and Others v Council
Civil service — Officials — Members of the contract staff — Reform of the Staff Regulations — Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time — Link between the grant of those entitlements and the expatriate status — Abolition of the reimbursement of annual travel expenses and travelling time
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Judgment of the General Court (Eighth Chamber) of 30 April 2019 ECLI:EU:T:2019:272 (Appeal: Case before the Court of Justice C-518/19 P) |
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Case T-754/17 Chambre de commerce et d'industrie métropolitaine Bretagne-Ouest (port de Brest) v Commission
State aid — General corporate tax exemption scheme implemented by France in favour of its ports — Decision declaring the aid scheme incompatible with the internal market — Existing aid — Concept of economic activity — Services of general interest — Principle of sound administration — Duty to state reasons — Error of assessment
Case T-136/18 Kuota International v EUIPO – Sintema Sport (K)
EU trade mark — Invalidity proceedings — EU figurative mark K — Absolute ground for invalidity — Bad faith — Article 59(1)(b) of Regulation (EU) 2017/1001
Case T-214/18 Briois v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Principle of sound administration — Rights of the defence — Non-contractual liability
Case T-558/18 Lupu v EUIPO – Et Djili Soy Dzhihangir Ibryam (Djili DS)
EU trade mark — Opposition proceedings — Application for EU figurative mark Djili DS — Earlier national word mark DJILI — Relative ground for refusal — No likelihood of confusion — Article 8(1)(a) and (b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 30 April 2019 ECLI:EU:T:2019:268 (Appeal: Case before the Court of Justice C-499/19 P) |
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May 2019
Case T-281/18 ABLV Bank v ECB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Regulation (EU) No 806/2014 — Preparatory measures — Acts not open to judicial review — Inadmissibility
Language of the case: English
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Order of the General Court (Eighth Chamber) of 6 May 2019
ECLI:EU:T:2019:296 (Appeal: Case before the Court of Justice C-551/19 P) |
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Case T-239/17 Germany v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Germany – Flat-rate financial correction applied due to insufficient frequency of key controls – Obligation to calculate interest and record it in the accounts annually – Articles 31 and 32 of Regulation (EC) No 1290/2005 – Article 6(h) of Regulation (EC) No 885/2006 – Obligation to state reasons – Proportionality
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 7 May 2019 (Extracts)
ECLI:EU:T:2019:289 |
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Case T-423/18 Fissler v EUIPO (vita)
EU trade mark — Application for the EU word mark vita — Absolute grounds for refusal — No distinctive character — Descriptiveness — Concept of characteristic — Name of a colour — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 7 May 2019
ECLI:EU:T:2019:291 |
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Case T-629/18 mobile.de v EUIPO (Representation of a car in a speech bubble)
Language of the case: German
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Judgment of the General Court (First Chamber) of 7 May 2019
ECLI:EU:T:2019:292 |
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Case T-749/16 Stemcor London and Samac Steel Supplies v Commission
Dumping — Imports of certain cold-rolled flat steel products originating in China and Russia — Definitive anti-dumping duty — Registration of imports — Retroactive application of the definitive anti-dumping duty — Implementing Regulation (EU) 2016/1329 — Importer’s awareness of the dumping and injury — Further substantial rise in imports likely to seriously undermine the remedial effect of the definitive anti-dumping duty — Article 10(4)(c) and (d) of Regulation (EU) 2016/1036
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 May 2019
ECLI:EU:T:2019:310 |
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Case T-170/17 RW v Commission
Language of the case: French
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Judgment of the General Court (Second Chamber) of 8 May 2019
ECLI:EU:T:2019:309 |
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Case T-751/17 Commune de Fessenheim and Others v Commission
Access to documents — Regulation (EC) No 1049/2001 — Letter sent by the Commission to the French authorities regarding the protocol for the compensation of the EDF Group in respect of the repeal of the permit to operate the Fessenheim Nuclear Power Plant — Refusal of access — Exception relating to the protection of the commercial interests of a third party — Exception relating to the protection of the purpose of inspections, investigations and audits — General presumption of confidentiality — Overriding public interest
Language of the case: French
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Judgment of the General Court (First Chamber) of 14 May 2019
ECLI:EU:T:2019:330 |
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Case T-422/18 RATP v Commission
Language of the case: French
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Order of the General Court (Third Chamber) of 14 May 2019
ECLI:EU:T:2019:339 |
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Case T-262/17 Metrans v Commission and INEA
Action for annulment — Commission decision granting financing for the ‘Multimodal Container Terminal Paskov, Phase III’ and ‘Intermodal Terminal Mělník, Phases 2 and 3’ transport project proposals under the Connecting Europe Facility (CEF) — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: English
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Order of the General Court (Fourth Chamber) of 15 May 2019
ECLI:EU:T:2019:341 |
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Joined Cases T-836/16 and T-624/17 Poland v Commission
State aid — Polish tax on the retail sector — Progressive tax levied on turnover — Decision to initiate the formal investigation procedure — Final decision classifying the measure as State aid incompatible with the internal market — Notion of State aid — Condition relating to selectivity
Language of the case: Polish
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 16 May 2019
ECLI:EU:T:2019:338 (Appeal: Case before the Court of Justice C-562/19 P) |
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Case T-733/17 GMPO v Commission
Medicinal products for human use – Article 3(1)(b) of Regulation (EC) No 141/2000 – Definition of ‘significant benefit’ – Availability of orphan medicinal products – Article 5(12)(b) of Regulation No 141/2000 – Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products – Error of assessment – Error of law – Legitimate expectations
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 16 May 2019 (Extracts)
ECLI:EU:T:2019:334 (Appeal: Case before the Court of Justice C-575/19 P) |
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Case T-228/18 Transtec v Commission
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 16 May 2019 (Extracts)
ECLI:EU:T:2019:336 |
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Case T-604/15 Ertico - ITS Europe v Commission
Seventh Framework Programme for research, technological development and demonstration activities — Recommendation 2003/361/EC — Decision of the Commission’s Validation Panel on qualification as a micro, small and medium-sized business — Request for review under sections 1.2.6 and 1.2.7 of the Annex to Decision 2012/838/EU, Euratom — No administrative appeal within the meaning of Article 22 of Regulation (EC) No 58/2003 — Rights of the defence — Principle of sound administration — Legal certainty — Legitimate expectations — Res judicata — Criteria for the definition of micro, small and medium-sized businesses in EU policies — Concept of an ‘enterprise’ — Concept of an ‘economic activity’ — Criterion of independence — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 22 May 2019
ECLI:EU:T:2019:348 (Appeal: Case before the Court of Justice C-572/19 P) |
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Case T-161/16 Puma v EUIPO – CMS (CMS Italy)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark CMS Italy — Earlier international figurative marks representing a feline bounding to the left — Relative grounds for refusal — Reputation of the earlier marks — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Evidence of reputation — Previous decisions of EUIPO recognising the reputation of the earlier marks — Taking account of those decisions — Obligation to state reasons — Principle of sound administration
Language of the case: English
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Order of the General Court (First Chamber) of 22 May 2019 (Extracts)
ECLI:EU:T:2019:350 |
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Case T-791/16 Real Madrid Club de Fútbol v Commission
State aid — Aid granted by the Spanish authorities to a professional football club — Settlement aimed at compensating for a failure to carry out a land transfer initially agreed between a city council and a football club — Football club overcompensated — Decision declaring the aid incompatible with the internal market — Advantage
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 22 May 2019
ECLI:EU:T:2019:346 |
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Case T-107/17 Steinhoff and Others v ECB
Language of the case: German
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Judgment of the General Court (Third Chamber) of 23 May 2019
ECLI:EU:T:2019:353 (Appeal: Case before the Court of Justice C-571/19 P) |
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Case T-222/17 Recylex and Others v Commission
Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Coordination of purchase prices — Fines — Point 26 of the 2006 Leniency Notice — Point 37 of the Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 23 May 2019 (Extracts)
ECLI:EU:T:2019:356 (Appeal: Case before the Court of Justice C-563/19 P) |
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Case T-370/17 KPN v Commission
Competition — Concentrations — Netherlands market for television services and telecommunications services — Full-function joint venture — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Commitments — Relevant market — Vertical effects — Manifest error of assessment — Duty to state reasons
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 23 May 2019
ECLI:EU:T:2019:354 |
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Joined Cases T-3/18 and T-4/18 Holzer y Cia v EUIPO – Annco (ANN TAYLOR and AT ANN TAYLOR)
EU trade mark — Invalidity proceedings — EU word and figurative marks ANN TAYLOR and AT ANN TAYLOR — Absolute ground for invalidity — Article 59(1)(b) of Regulation (EU) 2017/1001 — Bad faith
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 23 May 2019 (Extracts)
ECLI:EU:T:2019:357 (Appeal: Case before the Court of Justice C-582/19 P) |
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Case T-630/18 AJ OP v Commission
Legal aid — Application made before an action has been brought — Financial situation — Insufficient information and supporting documents — Dismissal of application
Language of the case: German
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Order of the General Court (First Chamber) of 23 May 2019
ECLI:EU:T:2019:365 |
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Information (on unpublished decisions)
Case T-748/16 QH v Parliament
Civil service — Members of the temporary staff — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Decision rejecting the request for assistance — Principles of objectivity and impartiality — Right to good administration — Right to be heard
Case T-145/19 R Jap Energeticas y Medioambienbales v Commission
Application for interim measures — Environment — Financial Instrument for the Environment (LIFE) — Project LIFE 11 ENV/ES/000593-H2AL RECYCLING — Recovery of sums paid — Application for suspension of operation of a measure — No urgency
Case T-135/17 Scor v Commission
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Judgment of the General Court (Seventh Chamber) of 6 May 2019 ECLI:EU:T:2019:287 |
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Case T-271/18 Mauritsch v INEA
Civil service — Contract staff — Fixed-term contract — Initial rejection by the applicant of the offer of extension of contract — Resignation — Refusal of entitlement to unemployment benefits — Liability
Case T-283/18 Bernis and Others v ECB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Regulation (EU) No 806/2014 — Preparatory measures — Acts not open to judicial review — Inadmissibility
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Order of the General Court (Eighth Chamber) of 6 May 2019 ECLI:EU:T:2019:295 (Appeal: Case before the Court of Justice C-552/19 P) |
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Case T-49/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Financial corrections — Meaning of ‘producer’ — Investments made outside the premises of a producer organisation — Checks carried out before the approval of an operational programme — Check carried out in the authorisation of expenditure — Single financial correction — Flat-rate financial correction — Proportionality — Duty to state reasons
Cases T-152/18 to T-155/18 Sona Nutrition v EUIPO – Solgar Holdings (SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA)
EU trade mark — Opposition proceedings — Applications for EU figurative marks SOLGAR Since 1947 MultiPlus WHOLEFOOD CONCENTRATE MULTIVITAMIN FORMULA — Earlier national word mark MULTIPLUS — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-407/18 WP v EUIPO
Civil service — Temporary staff — Fixed-term contracts — Decision not to renew — Manifest error of assessment — Duty to have regard for the welfare of staff — Equal treatment — Rule of correspondence between the application and the complaint
Case T-434/15 Islamic Republic of Iran Shipping Lines and Others v Council
Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Second Chamber) of 8 May 2019 ECLI:EU:T:2019:307 (Appeal: Case before the Court of Justice C-506/19 P) |
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Case T-553/15 Export Development Bank of Iran v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Compensation for the damage allegedly sustained by the applicant following the inclusion and maintenance of the applicant’s name on the list of persons and entities subject to the freezing of funds and economic resources at issue — Jurisdiction of the General Court — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-571/16 PT v EIB
Civil service — Members of staff of the EIB — Reports procedure — Career evaluation report — 2014 appraisal exercise — Pre-litigation procedure — Admissibility — Right to be heard — Principle of the presumption of innocence — Liability — Non-material damage
Case T-690/16 Enrico Colombo and Corinti Giacomo v Commission
Public works contracts — Tendering procedure — JRC in Ispra — Works for the construction and maintenance of water pipes and district heating/cooling substations — Rejection of a tenderer’s bid — Action for annulment — Action for damages — Obligation to state reasons
Case T-37/18 Stirlinx Arkadiusz Kamusiński v EUIPO – Heinrich Bauer Verlag (Brave Paper)
EU trade mark — Opposition proceedings — Application for EU word mark Brave Paper — Earlier national word mark BRAVO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Conceptual similarity
Case T-55/18 Team Beverage v EUIPO (LIEBLINGSWEIN)
EU trade mark — Application for the EU figurative mark LIEBLINGSWEIN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-56/18 Team Beverage v EUIPO (WEIN FÜR PROFIS)
EU trade mark — Application for the EU figurative mark WEIN FÜR PROFIS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-57/18 Team Beverage v EUIPO (WEIN FÜR PROFIS)
EU trade mark — Application for the EU figurative mark WEIN FÜR PROFIS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Misleading character — Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001
Case T-99/18 Stamatopoulos v ENISA
Civil service — Members of the temporary staff — Recruitment — Vacancy notice — Appointment to a post of head of unit — Rejection of application — Duty to state reasons — Manifest error of assessment — Equal treatment — Transparency — Liability
Case T-185/18 Lucchini v Commission
Competition — Agreements, decisions and concerted practices — Market for concrete reinforcing bars in bars or coils — Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 — Partial annulment of the Commission decision — Rejection of a request for reimbursement of a fine paid pursuant to a decision annulled in part — Rejection of a request to be allowed to participate in the administrative procedure that was reopened following the partial annulment of the decision — Rights of the defence — Non-existent act — Non-contractual liability — Limitation
Case T-269/18 Inditex v EUIPO – Ffauf Italia (ZARA)
EU trade mark — Opposition proceedings — Application for EU word mark ZARA — Earlier national word and figurative marks LE DELIZIE ZARA and ZARA — Proof of genuine use of the earlier marks — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Article 18(1) of Regulation 2017/1001 — Obligation to state reasons
Case T-324/18 VI.TO. v EUIPO – Bottega (Shape of a golden bottle)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a golden bottle — Absolute grounds for refusal — Article 7 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 7 (1)(b) of Regulation (EU) 2017/1001) — Distinctive character — Article 7 (1)(e)(i) to (iii) of Regulation No 2 07/2009 (now Article 7 (1)(e)(i) to (iii) of Regulation 2017/1001)
Case T-325/18 VI.TO. v EUIPO – Bottega (Shape of a pink bottle)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a pink bottle — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Distinctive character — Article 7(1)(e)(i) to (iii) of Regulation No 207/2009 (now Article 7(1)(e)(i) to (iii) of Regulation 2017/1001)
Case T-330/18 Carvalho and Others v Parliament and Council
Action for annulment and damages — Environment — Greenhouse gas emissions — 2030 climate and energy package — Directive (EU) 2018/410 — Regulation (EU) 2018/842 — Regulation (EU) 2018/841 — Lack of individual concern — Inadmissibility
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Order of the General Court (Second Chamber) of 8 May 2019 ECLI:EU:T:2019:324 (Appeal: Case before the Court of Justice C-565/19 P) |
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Case T-358/18 J. García Carrión v EUIPO – Codorníu (JAUME CODORNÍU)
EU trade mark — Opposition proceedings — Application for EU word mark JAUME CODORNÍU — Earlier Spanish and EU word marks JAUME SERRA — Relative ground for refusal — No likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 8(5) of Regulation 2017/1001 — Distinctive character of a first name and a surname
Case T-469/18 Battelle Memorial Institute v EUIPO (HEATCOAT)
EU trade mark — Application for the EU word mark HEATCOAT — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Equal treatment — Principle of sound administration
Case T-473/18 Getsmarter Online v EUIPO (getsmarter)
EU trade mark — Application for EU figurative mark getsmarter — Mark consisting of an advertising slogan — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Action manifestly lacking any foundation in law
Case T-734/18 R Sumitomo Chemical and Tenka Best v Commission
Interim measures — Biocidal products — Active substance empenthrin — Non-approval — Application for suspension of operation of a measure — No urgency
Case T-254/19 R AlpaSuri v Commission
Interlocutory proceedings — Import of alpacas — Application for interim measures — No urgency
Case T-517/18 Zott v EUIPO – TSC Food Products (Rectangular ready-to-eat cake)
Community design — Invalidity proceedings — Community design representing a ready-to-eat rectangular cake — Earlier Community designs — Ground for invalidity — No individual character — No different overall impression — Designer’s degree of freedom — Informed user — Article 4(1), Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Action manifestly lacking any foundation in law
Case T-728/17 Marinvest and Porting v Commission
State aid — Pleasure port infrastructure — Concession for the management of a port and the provision of infrastructures and services without economic consideration — Decision finding that there is no State aid — Effect on trade between Member States
Case T-795/17 Moreira v EUIPO – Da Silva Santos Júnior (NEYMAR)
EU trade mark — Invalidity proceedings — EU word mark NEYMAR — Declaration of invalidity — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Case T-12/18 Zweirad-Center Stadler v EUIPO – Triumph Designs (Triumph)
EU trade mark — Opposition proceedings — Application for the EU word mark Triumph — Earlier EU word mark TRIUMPH — Partial rejection of the application for registration — Relative ground for refusal — Likelihood of confusion — Identical signs — Enhanced distinctiveness of the earlier mark acquired through use — Similarity between products — Article 8(1)(b) of Regulation (EU) 2017/1001
Cases T-89/18 and T-90/18 Guiral Broto v EUIPO – Gastro & Soul (Café del Sol and CAFE DEL SOL)
EU trade mark — Opposition proceedings — Applications for the EU word and figurative marks Café del Sol and CAFE DEL SOL — Earlier national figurative mark Café del Sol — Proof of the existence, validity and scope of protection of the earlier mark — Translation — Rights of the defence — Article 95(2) of Regulation 2017/1001
Case T-465/18 Eurolamp v EUIPO (EUROLAMP pioneers in new technology)
EU trade mark — Application for EU word mark EUROLAMP pioneers in new technology — Absolute ground for refusal — No distinctive character — Mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-466/18 Eurolamp v EUIPO (EUROLAMP pioneers in new technology)
EU trade mark — Application for EU figurative mark EUROLAMP pioneers in new technology — Absolute ground for refusal — No distinctive character — Mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-602/18 Ayuntamiento de Enguera v Commission
Action for annulment — Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) — Reduction of the amount of the grant — Reclassification of the action — Refusal of the applicant — Inadmissibility
Case T-37/17 Bank Tejarat v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-813/17 Nerantzaki v Commission
Civil service — Officials — Recruitment — Notice of competition — Open competition EPSO/AD/331/16 — Conditions for admission — Decision of the selection board not to admit the applicant to the next stage of the competition — Error of law
Case T-354/18 KID-Systeme v EUIPO – Sky (SKYFi)
EU trade mark — Opposition proceedings — Application for EU word mark SKYFi — Earlier national and EU word marks SKY — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Identity of goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Misuse of powers — Right to a fair trial — Article 47 of the Charter of Fundamental Rights — Oral proceedings before the Board of Appeal — Article 96 of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 16 May 2019 ECLI:EU:T:2019:333 (Appeal: Case before the Court of Justice C-577/19 P) |
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Case T-396/18 ITSA v Commission
Action for annulment — Approximation of laws — Manufacture, presentation and sale of tobacco products and related product — Establishment and operation of a traceability system for tobacco products — Delegated Regulation and implementing acts — Lack of direct concern — Inadmissibility
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Order of the General Court (Second Chamber) of 16 May 2019 ECLI:EU:T:2019:342 (Appeal: Case before the Court of Justice C-553/19 P) |
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Case T-764/15 Deutsche Lufthansa v Commission
Action for annulment — State aid — Measures implemented by Germany in favour of Frankfurt Hahn airport — Decision declaring the aid compatible in part with the internal market — Decision finding that there is no State aid — Indirect aid — No individual concern — Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 May 2019 ECLI:EU:T:2019:349 (Appeal: Case before the Court of Justice C-594/19 P) |
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Case T-104/18 Fundación Tecnalia Research & Innovation v REA
Arbitration clause — Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Development of a system to monitor process and quality in the sector of industrial food production — Food-Watch Project — Overlap of the project with another project funded under the same programme — Information requirements on beneficiaries — Decision to demand repayment of the financial contribution paid under the grant agreement
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Judgment of the General Court (Sixth Chamber) of 20 May 2019 ECLI:EU:T:2019:345 |
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Case T-197/16 Andrea Incontri v EUIPO – Higicol (ANDREA INCONTRI)
EU trade mark — Opposition proceedings — Application for EU word mark ANDREA INCONTRI — Earlier EU word mark ANDREIA — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Distinctive character of a first name and a surname — Power to alter decisions
Case T-631/16 Remag Metallhandel and Jaschinsky v Commission
Non-contractual liability — Anti-dumping — OLAF’s insistence that Member States recover anti-dumping duties relating to any importation of silicon metal originating in Taiwan without proof that that silicon metal originated in China — Regulation (EC) No 398/2004 and Implementing Regulation (EU) No 467/2010 — Causal link
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Judgment of the General Court (Sixth Chamber) of 23 May 2019 ECLI:EU:T:2019:352 |
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Case T-837/17 Negru v EUIPO – Sky (SkyPrivate)
EU trade mark — Opposition proceedings — Application for EU figurative mark SkyPrivate — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-837/17 Negru v EUIPO – Sky (SkyPrivate)
EU trade mark — Opposition proceedings — Application for EU figurative mark SkyPrivate — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 23 May 2019 ECLI:EU:T:2019:351 |
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Case T-312/18 Dentsply De Trey v EUIPO – IDS (AQUAPRINT)
EU trade mark — Opposition proceedings — Application for EU word mark AQUAPRINT — Earlier national word marks AQUACEM and national unregistered marks AQUACEM and AQUASIL — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Use in the course of trade of a sign of more than mere local significance — Article 8(4) of Regulation 2017/1001 — Action for passing off — No misrepresentation
Case T-364/18 Arçelik v EUIPO (MicroGarden)
EU trade mark — Application for EU word mark MicroGarden — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-439/18 Sintokogio v EUIPO (ProAssist)
EU trade mark — International registration designating the European Union — Word mark ProAssist — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Article 94 of Regulation 2017/1001 — Equal treatment
Case T-609/18 Fujifilm Recording Media v EUIPO – iTernity (d:ternity)
EU trade mark — Invalidity proceedings — Application for EU word mark d:ternity — Earlier word mark iTernity — Withdrawal of the application for a declaration of invalidity before the action was brought — Invalidation of the contested decision — No interest in bringing proceedings — Action in part inadmissible and in part manifestly lacking any foundation in law
June 2019
Case T-192/18 Rietze v EUIPO – Volkswagen (VW Caddy vehicule)
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 6 June 2019
ECLI:EU:T:2019:379 |
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Case T-209/18 Porsche v EUIPO – Autec (Motor vehicules)
Language of the case: German
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Judgment of the General Court (Third Chamber) of 6 June 2019
ECLI:EU:T:2019:377 (Appeal: Case before the Court of Justice C-613/19 P) |
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Case T-478/16 Frank v Commission
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 11 June 2019
ECLI:EU:T:2019:399 |
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Case T-138/18 De Esteban Alonso v Commission
Civil service — Former officials — Investigation by OLAF — ‘Eurostat’ case — Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings — Failure to inform in advance the officials potentially concerned — Damage allegedly sustained as a result of the conduct of OLAF and the Commission in the course of the proceedings — Non-material, physical and material harm — Causal link
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 11 June 2019
ECLI:EU:T:2019:398 (Appeal: Case before the Court of Justice C-591/19 P) |
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Case T-167/17 RV v Commission
Language of the case: French
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Judgment of the General Court (Second Chamber) of 12 June 2019
ECLI:EU:T:2019:404 |
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Case T-74/18 Visi/one v EUIPO – EasyFix (Display holder for vehicles)
Community design – Invalidity proceedings – Registered Community design representing a display holder for vehicles – Earlier design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – Lack of individual character – Informed user – Degree of freedom of the designer – Lack of different overall impression – Article 6 and Article 25(1)(b) of Regulation No 6/2002
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 13 June 2019
ECLI:EU:T:2019:417 |
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Cases T-624/15, T-694/15 and T-704/15 European Food and Others v Commission
State aid — Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) — Payment of compensation granted to certain economic operators — Decision declaring the aid incompatible with the internal market and ordering its recovery — Competence of the Commission
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 18 June 2019
ECLI:EU:T:2019:423 (Appeal: Case before the Court of Justice C-638/19 P) |
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Case T-353/15 NeXovation v Commission
State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Diligent and impartial examination — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 19 June 2019
ECLI:EU:T:2019:434 (Appeal: Case before the Court of Justice C-665/19 P) |
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Case T-373/15 Ja zum Nürburgring v Commission
State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Association — Status of negotiator — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights of interested parties — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Obligation to state reasons — Principle of sound administration
Language of the case: German
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Judgment of the General Court (First Chamber, Extended Composition) of 19 June 2019
ECLI:EU:T:2019:432 (Appeal: Case before the Court of Justice C-647/19 P) |
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Case T-307/17 adidas v EUIPO – Shoe Branding Europe (Representation of three parallel stripes)
EU trade mark — Invalidity proceedings — EU figurative mark representing three parallel stripes — Absolute grounds for invalidity — No distinctive character acquired through use — Article 7(3) and Article 52(2) of Regulation (EC) No 207/2009 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) — Form of use unable to be taken into account — Form that differs from the form under which the mark has been registered by significant variations — Inversion of the colour scheme
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 19 June 2019
ECLI:EU:T:2019:427 |
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Joined Cases T-117/18 to T-121/18 Agencja Wydawnicza Technopol v EUIPO (200 PANORAMICZNYCH and Others)
Language of the case: Polish
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Judgment of the General Court (Eighth Chamber) of 26 June 2019
ECLI:EU:T:2019:447 (Appeal: Case before the Court of Justice C-664/19 P) |
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Case T-20/17 Hungary v Commission
State aid — Hungarian tax on the turnover from the broadcasting or publication of advertisements — Progressivity of tax rates — Deduction from the basis of assessment of the tax of 50% of the losses carried forward for companies not generating a profit in 2013 — Decision characterising the measures as aid incompatible with the internal market and ordering its recovery — Concept of State aid — Condition relating to selectivity
Language of the case: Hungarian
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Judgment of the General Court (Ninth Chamber) of 27 June 2019
ECLI:EU:T:2019:448 (Appeal: Case before the Court of Justice C-596/19 P) |
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Case T-268/18 Luciano Sandrone v EUIPO – J. García Carrión (Luciano Sandrone)
EU trade mark — Opposition proceedings — Application for EU word mark Luciano Sandrone — Earlier EU word mark DON LUCIANO — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001 — Application for an EU word mark consisting of a first name and of a surname — Earlier mark consisting of an honorific title and a first name — Neutrality of the conceptual comparison — No likelihood of confusion
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 27 June 2019 (Extracts)
ECLI:EU:T:2019:452 |
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Information (on unpublished decisions)
Case T-433/15 Bank Saderat v Council
Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Restriction on admission to the territory of the Member States — Compensation for the damage allegedly sustained by the applicant following its inclusion and re-inclusion in the list of persons and entities subject to the restrictive measures at issue — Sufficiently serious breach of a rule of law conferring rights on individuals
Case T-616/17 RENV Siragusa v Council
Civil service — Officials — Leaving the service — Request to retire — Amendment of the Staff Regulations after that request had been made — Withdrawal of an earlier decision — Liability
Case T-229/18 Biolatte v EUIPO (Biolatte)
EU trade mark — Application for EU word mark Biolatte — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-272/18 EBM Technologies v EUIPO (MobiPACS)
EU trade mark — Application for EU word mark MobiPACS — Absolute ground for refusal — Slogan — Level of attention of the relevant public — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-273/18 Bernaldo de Quirós v Commission
Civil service — Officials — Disciplinary measures — Disciplinary procedure — Acts contrary to the dignity of the civil service — Administrative investigation — Mandate given to IDOC — Principle of impartiality — Principle of good administration — Rights of the defence — Disciplinary procedure — Principle of equality of arms — Disciplinary penalty of a reprimand — Proportionality — Non-material damage
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Judgment of the General Court (Second Chamber) of 5 June 2019 ECLI:EU:T:2019:371 (Appeal: Case before the Court of Justice C-583/19 P) |
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Case T-399/17 Dalli v Commission
Non-contractual liability — Investigation by OLAF — Sufficiently serious breach of a rule of law conferring rights on individuals — Non-material damage — Causal link
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Judgment of the General Court (Sixth Chamber) of 6 June 2019 ECLI:EU:T:2019:384 (Appeal: Case before the Court of Justice C-615/19 P) |
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Case T-539/17 EIB v Syria
Arbitration clause — Al Thawra Loan Agreement No 16405 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-540/17 EIB v Syria
Arbitration clause — Electricity Distribution Project Loan Agreement No 20948 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-541/17 EIB v Syria
Arbitration clause — Electricity Transmission Project Loan Agreement No 20868 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-542/17 EIB v Syria
Arbitration clause — Port of Tartous Loan Agreement No 22057 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-543/17 EIB v Syria
Arbitration clause — Syrian Healthcare Loan Agreement No 21595 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-588/17 EIB v Syria
Arbitration clause — Euphrates Drainage and Irrigation Loan Agreement No 80211 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-589/17 EIB v Syria
Arbitration clause — Aleppo-Tall Kojak Road Project Loan Agreement No 60136 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-590/17 EIB v Syria
Arbitration clause — Water Supply Sweida Region Loan Agreement No 80212 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-591/17 EIB v Syria
Arbitration clause — Water Supply Deir Ez Zor Region Loan Agreement No 80310 — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default
Case T-614/17 Bonnafous v EACEA
Civil service — Contract staff — Dismissal at the end of the probationary period — Normal probationary conditions — Psychological harassment — Principle of sound administration — Duty of care — Rights of the defence — Right to be heard — Manifest error of assessment — Misuse of powers — Liability
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Judgment of the General Court (Third Chamber) of 6 June 2019 ECLI:EU:T:2019:381 (Appeal: Case before the Court of Justice C-548/19 P) |
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Case T-43/18 Rietze v EUIPO – Volkswagen (VW Bus T 5 vehicule)
Community designs — Invalidity proceedings — Registered community design representing the VW Bus T 5 vehicle — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Eighth Chamber) of 6 June 2019 ECLI:EU:T:2019:376 (Appeal: Case before the Court of Justice C-599/19 P) |
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Case T-191/18 Rietze v EUIPO – Volkswagen (VW Caddy Maxi vehicule)
Community design — Invalidity proceedings — Registered Community design representing the motor vehicle VW Caddy Maxi — Earlier Community design — Ground for invalidity — Individual character — Informed user — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design
Case T-210/18 Porsche v EUIPO – Autec (Cars)
Community design — Invalidity proceedings — Registered Community design representing a car — Earlier Community design — Ground for invalidity — No individual character — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Third Chamber) of 6 June 2019 ECLI:EU:T:2019:380 (Appeal: Case before the Court of Justice C-614/19 P) |
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Case T-220/18 Torrefazione Caffè Michele Battista v EUIPO – Battista Nino Caffè (Battistino)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark Battistino — Earlier EU word mark BATTISTA — Declaration of partial invalidity — Proof of genuine use of the earlier trade mark — Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001)
Case T-221/18 Torrefazione Caffè Michele Battista v EUIPO – Battista Nino Caffè (BATTISTINO)
EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark BATTISTINO — Earlier EU word mark BATTISTA — Declaration of invalidity — Proof of genuine use of the earlier trade mark — Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001)
Case T-230/18 Czarnecki v Parliament
Law governing the institutions — Member of the European Parliament — Statements made against another Member of Parliament — Early termination of the term of office and duties of the Vice-President of the Parliament — Rights of the defence — Misuse of powers — Equal treatment
Case T-449/18 Ortlieb Sportartikel v EUIPO (Representation of an octagonal polygon)
EU trade mark — Application for EU figurative mark representing an octagon — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-719/18 Telemark plus v EUIPO (Telemarkfest)
EU trade mark — Application for EU word mark Telemarkfest — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-171/19 Hebberecht v EEAS
Civil service — Officials — Disciplinary proceedings — Suspension — Amounts withheld from remuneration — Failure to comply with the procedural requirements — Manifest inadmissibility
Case T-462/17 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
Case T-538/18 Dickmanns v EUIPO
Civil service — Temporary staff — Fixed-term contract with a termination clause — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of a competition — Purely confirmatory measure — Period within which an action must be brought — Inadmissibility
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Order of the General Court (Sixth Chamber) of 11 June 2019 ECLI:EU:T:2019:420 (Appeal: Case before the Court of Justice C-631/19 P) |
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Case T-583/17 EOS Deutscher Inkasso-Dienst v EUIPO – IOS Finance EFC (IOS FINANCE)
EU trade mark — Opposition proceedings — Application for the EU figurative mark IOS FINANCE — Earlier national figurative mark EOS — 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)
Case T-291/18 Biedermann Technologies v EUIPO (Compliant Constructs)
EU trade mark — Application for EU word mark Compliant Constructs — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-346/18 Advance Magazine Publishers v EUIPO – Enovation Brands (VOGUE)
EU trade mark — Opposition proceedings — Application for EU word mark VOGUE — Earlier EU word mark VOGA — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Rule 50(1) of Regulation No 2868/95
Case T-702/18 Durand and Others v Parliament
Actions for failure to act and for annulment — Agricultural policy — Regulation (EC) No 1/2005 — Animal welfare — Request by Members of the European Parliament to set up an inquiry committee — Defined position of the Parliament — Act not open to challenge — Informative act — Inadmissibility
Case T-248/17 RENV CC v Parliament
Liability — Civil service — Recruitment — Open Competition EUR/A/151/98 — Errors committed by the European Parliament in the management of the reserve list — Material loss
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Judgment of the General Court (Eighth Chamber) of 13 June 2019 ECLI:EU:T:2019:418 (Appeal: Case before the Court of Justice C-612/19 P) |
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Case T-75/18 MPM-Quality v EUIPO – Elton Hodinářská (MANUFACTURE PRIM 1949)
EU trade mark — Revocation proceedings — EU figurative mark MANUFACTURE PRIM 1949 — Genuine use of the mark — Obligation to state reasons
Case T-244/18 Synergy Hellas v Commission
Research and technological development — Financial regulation — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — J-Web grant agreement — Enforceable decision ordering recovery — Proportionality — Obligation to state reasons
Case T-299/18 Strabag Belgium v Parliament
Public works contracts — Tendering procedure — General contractor works in the European Parliament buildings in Brussels — Rejection of the bid of one tenderer and award of the contract to other tenderers — Abnormally low tender — Action for annulment — Measure not open to challenge — Inadmissibility — Obligation to state reasons — Manifest error of assessment
Case T-357/18 Luz Saúde v EUIPO – Clínica La Luz (HOSPITAL DA LUZ)
EU trade mark — Opposition proceedings — Application for registration of EU figurative mark HOSPITAL DA LUZ — Earlier national figurative mark clínica LALUZ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 13 June 2019 ECLI:EU:T:2019:416 (Appeal: Case before the Court of Justice C-622/19 P) |
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Case T-366/18 Pet King Brands v EUIPO – Virbac (SUIMOX)
EU trade mark — Opposition proceedings — Application for EU word mark SUIMOX — Earlier EU word mark ZYMOX — Obligation to state reasons — Notification of a decision of the Board of Appeal — Good faith and diligence on the part of the addressee — Article 94(1) of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 13 June 2019 ECLI:EU:T:2019:410 |
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Case T-392/18 Innocenti v EUIPO – Gemelli (Innocenti)
EU trade mark — Opposition proceedings — Application for EU work mark Innocenti — Earlier national figurative mark i INNOCENTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-398/18 Pielczyk v EUIPO – Thalgo TCH (DERMÆPIL SUGAR EPIL SYSTEM)
EU trade mark — Invalidity proceedings — EU figurative mark DERMÆPIL sugar epil system — Earlier national figurative mark dermépil — Relative ground for refusal — Genuine use of the mark — Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64 (2) and (3) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) read in conjunction with Article 8(1)(b) of that regulation (now Article 8(1)(b) of Regulation 2017/1001) — Comparison of the goods
Case T-652/18 Porus v EUIPO (oral Dialysis)
EU trade mark — Application for the EU word mark oral Dialysis — Absolute ground for refusal — Descriptive character — Article 7(1)(c) and (2) of Regulation (EU) 2017/1001
Case T-317/18 Fugro v Commission
Action for annulment — Galileo satellite navigation programme — Technical and operational specifications — Lack of individual concern — Manifest inadmissibility
Case T-593/18 BS v Parliament
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Order of the General Court (First Chamber) of 17 June 2019 ECLI:EU:T:2019:425 (Appeal: Case before the Court of Justice C-642/19 P) |
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Case T-828/17 Quadri di Cardano v Commission
Civil service — Members of the contract staff — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Recovery of overpayment — Article 85, first paragraph of the Staff Regulations — Patent payment irregularity
Case T-569/18 W. Kordes' Söhne Rosenschulen v EUIPO (Kordes' Rose Monique)
EU trade mark — Application for EU word mark Kordes’ Rose Monique — Absolute ground for refusal — Mark consisting of a plant variety denomination — Essential elements — Article 7(1)(m) of Regulation (EC) No 207/2009 (now Article 7(1)(m) of Regulation (EU) 2017/1001)
Case T-179/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SMOKY — Earlier national figurative mark MASTERS COLORS PARIS — 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)
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Judgment of the General Court (First Chamber) of 19 June 2019 ECLI:EU:T:2019:433 (Appeal: Case before the Court of Justice C-586/19 P) |
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Case T-180/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER SHAPE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 19 June 2019 ECLI:EU:T:2019:431 (Appeal: Case before the Court of Justice C-587/19 P) |
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Case T-181/16 RENV L'Oréal v EUIPO
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 19 June 2019 ECLI:EU:T:2019:429 (Appeal: Case before the Court of Justice C-588/19 P) |
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Case T-182/16 RENV L'Oréal v EUIPO - Guinot (MASTER DUO)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DUO — Earlier national figurative mark MASTERS COLORS PARIS — 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)
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Judgment of the General Court (First Chamber) of 19 June 2019 ECLI:EU:T:2019:426 (Appeal: Case before the Court of Justice C-589/19 P) |
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Case T-183/16 RENV L'Oréal v EUIPO – Guinot (MASTER DRAMA)
EU trade mark — Opposition proceedings — Application for EU word mark MASTER DRAMA — Earlier national figurative mark MASTERS COLORS PARIS — 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)
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Judgment of the General Court (First Chamber) of 19 June 2019 ECLI:EU:T:2019:428 (Appeal: Case before the Court of Justice C-590/19 P) |
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Case T-28/18 Marriott Worldwide v EUIPO – AC Milan (AC MILAN)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark AC MILAN — Earlier EU word marks AC and AC HOTELS BY MARRIOTT and earlier EU figurative mark AC HOTELS MARRIOTT — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Lack of enhanced distinctiveness of the mark AC — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-213/18 Brita v EUIPO (Shape of a faucet)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a faucet — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-479/18 Multifit v EUIPO (Premiere)
EU trade mark — Application for EU word mark Premiere — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
Case T-578/17 a&o hostel and hotel Berlin v Commission
State aid — Operating aid — Youth hostel in Berlin — Rent-free use of a publicly owned property — Decision declaring the potential aid compatible with the internal market — Article 107(3)(c) TFEU — Serious difficulties
Case T-389/18 Nonnemacher v EUIPO – Ingram (WKU)
EU trade mark — Invalidity proceedings — EU word mark WKU — Earlier EU word marks WKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — No limitation in consequence of acquiescence — Article 61(1) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 June 2019 ECLI:EU:T:2019:438 (Appeal: Case before the Court of Justice C-659/19 P) |
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Case T-390/18 Nonnemacher v EUIPO – Ingram (WKU WORLD KICKBOXING AND KARATE UNION)
EU trade mark — Invalidity proceedings — EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION — Earlier EU word marks WKA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — No limitation in consequence of acquiescence — Article 61(1) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 June 2019 ECLI:EU:T:2019:439 (Appeal: Case before the Court of Justice C-660/19 P) |
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Case T-466/16 NRW. Bank v SRB
Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Setting of the ex ante contribution for 2016 — Time limit for bringing an action — Delay — Article 76 of the Rules of procedure of the General Court — Inadmissibility
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 26 June 2019 ECLI:EU:T:2019:445 (Appeal: Case before the Court of Justice C-662/19 P) |
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Case T-474/17 Portugal v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Late payments — Overshooting of ceilings — Article 11 of Regulation (EC) No 885/2006 — Double financial correction — Proportionality — Payment deadlines
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Judgment of the General Court (First Chamber) of 26 June 2019 ECLI:EU:T:2019:443 |
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Case T-617/17 Vialto Consulting v Commission
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Judgment of the General Court (First Chamber) of 26 June 2019 ECLI:EU:T:2019:446 (Appeal: Case before the Court of Justice C-650/19 P) |
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Case T-651/18 Balani Balani and Balani Shivdasani v EUIPO – Play Hawkers (HAWKERS)
EU trade mark — Opposition proceedings — Application for EU figurative mark HAWKERS — Earlier EU figurative mark HAWKERS — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001
Case T-135/18 Szegedi v Parliament
Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the European Parliament — Travel expenses — Parliamentary assistance expenses — Recovery of sums unduly paid — Rights of defence — Disclosure of evidence — Obligation to state reasons — Error of fact — Proportionality
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Judgment of the General Court (Sixth Chamber) of 27 June 2019 ECLI:EU:T:2019:450 (Appeal: Case before the Court of Justice C-628/19 P) |
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Case T-334/18 Bodegas Altún v EUIPO – Codorníu (ANA DE ALTUN)
EU trade mark — Opposition proceedings — Application for EU figurative mark ANA DE ALTUN — Earlier national figurative mark ANNA — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EU) 2017/1001
Case T-385/18 Aldi v EUIPO – Crone (CRONE)
EU trade mark — Opposition proceedings — Application for EU figurative mark CRONE — Earlier EU figurative marks crane and earlier word mark CRANE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-741/16 Changmao Biochemical Engineering v Commission
Dumping — Imports of aspartame originating in China — Refusal to grant market economy treatment — Imposition of a definitive anti-dumping duty — Article 2(7)(b) and (c), second indent, of Regulation (EU) 2016/1036 — Article 2(7)(a) of Regulation 2016/1036 — Article 2(10) of Regulation 2016/1036 — Article 3(2) and (6) of Regulation 2016/1036 — Article 6(7) of Regulation 2016/1036 — Non-conformity of accounting documents — Non-compliance with international accounting standards — Recourse to EU industry data — Request for adjustment — Burden of proof — Right to a fair hearing — Principle of sound administration — Legitimate expectations
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Judgment of the General Court (Second Chamber) of 28 June 2019 ECLI:EU:T:2019:454 (Appeal: Case before the Court of Justice C-666/19 P) |
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Case T-64/18 Alfamicro v Commission
Competitiveness and Innovation Framework Programme — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Enforcement decision — Recovery of a debt arising out of a grant agreement — Article 299 TFEU — Regulation (EU, Euratom) no 966/2012 — Article 135 of Regulation No 966/2012 — Extrapolation of the audit findings — Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 28 June 2019 ECLI:EU:T:2019:453 (Appeal: Case before the Court of Justice C-623/19 P) |
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Case T-340/18 Gibson Brands v EUIPO – Wilfer (Shape of a guitar body)
EU trade mark — Invalidity proceedings — EU three-dimensional mark — Shape of a guitar body — Absolute ground for refusal — Distinctive character — Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 59(2)(a) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001)
Case T-377/18 Intercept Pharma and Intercept Pharmaceuticals v EMA
Access to documents — Regulation (EC) No 1049/2001 — Documents held by EMA containing information submitted by the applicants in the context of the marketing authorisation for the medicinal product Ocaliva — Decision to grant a third party access to a document — Exception relating to the protection of court proceedings
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Judgment of the General Court (Second Chamber) of 28 June 2019 ECLI:EU:T:2019:456 (Appeal: Case before the Court of Justice C-576/19 P) |
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July 2019
Case T-405/15 Fulmen v Council
Language of the case: French
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Judgment of the General Court (First Chamber) of 2 July 2019
ECLI:EU:T:2019:469 (Appeal: Case before the Court of Justice C-680/19 P) |
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Case T-406/15 Mahmoudian v Council
Language of the case: French
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Judgment of the General Court (First Chamber) of 2 July 2019
ECLI:EU:T:2019:468 (Appeal: Case before the Court of Justice C-681/19 P) |
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Case T-573/16 PT v EIB
Civil service – Staff of the EIB – Organisation of departments – Dispensation from service – Access to email and IT connections – Pre-litigation procedure – Admissibility – Legal certainty – Right to be heard – Presumption of innocence – Final report of OLAF – Obligation to state reasons – Liability – Material harm – Non-material harm
Language of the case: Swedish
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Judgment of the General Court (Fourth Chamber) of 3 July 2019 (Extracts)
ECLI:EU:T:2019:481 |
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Case T-660/18 VodafoneZiggo Group v Commission
Action for annulment — Electronic communications — Article 7 of Directive 2002/21/EC — Wholesale provision of fixed access — Joint significant market power — Specific regulatory obligations imposed on operators — Draft measure made accessible by the national regulatory authority — Comments of the Commission — Second phase of the procedure not opened — Act not open to challenge — Article 130 of the Rules of Procedure — Inadmissibility
Language of the case: English
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Order of the General Court (First Chamber) of 9 July 2019
ECLI:EU:T:2019:546 (Appeal: Case before the Court of Justice C-689/19 P) |
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Case T-244/16 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 11 July 2019
ECLI:EU:T:2019:502 |
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Case T-894/16 Air France v Commission
Action for annulment — State aid — Measures implemented by France in favour of Marseille Provence Airport and airlines using the airport — Decision declaring the aid compatible with the internal market — Investment subsidies — Differentiation between airport charges applicable to national and international flights — Reduced airport charges to encourage flights from the new Marseille Provence terminal 2 — Lack of individual concern — No substantial effect on the competitive position — Inadmissibility
Language of the case: French
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 11 July 2019
ECLI:EU:T:2019:508 |
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Case T-274/18 Klymenko v Council
Language of the case: French
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Judgment of the General Court (Sixth Chamber) of 11 July 2019
ECLI:EU:T:2019:509 |
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Case T-762/15 Sony and Sony Electronics v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Infringement by object — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 (Extracts)
ECLI:EU:T:2019:515 (Appeal: Case before the Court of Justice C-697/19 P) |
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Case T-772/15 Quanta Storage v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 (Extracts)
ECLI:EU:T:2019:519 (Appeal: Case before the Court of Justice C-699/19 P) |
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Case T-1/16 Hitachi-LG Data Storage and Hitachi-LG Data Storage Korea v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Unlimited jurisdiction — Infringement of the principle of good administration — Obligation to state reasons — Point 37 of the 2006 Guidelines on the method of setting fines — Particular circumstances — Error of law
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 (Extracts)
ECLI:EU:T:2019:514 |
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Case T-8/16 Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to procurement events organised by two computer manufacturers — Breach of essential procedural requirements and of the rights of the defence — Jurisdiction of the Commission — Geographic scope of the infringement — Single and continuous infringement — Principle of good administration — 2006 Guidelines on the method of setting fines
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 (Extracts)
ECLI:EU:T:2019:522 (Appeal: Case before the Court of Justice C-700/19 P) |
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Case T-289/17 Keolis CIF and Others v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:537 |
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Case T-291/17 Transdev and Others v Commission
State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Concepts of ‘existing aid’ and ‘new aid’ — Article 107 TFEU — Article 108 TFEU — Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 — Limitation period — Article 17 of Regulation 2015/1589 — Obligation to state reasons
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:534 |
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Case T-292/17 Région Île-de-France v Commission
State aid — Aid scheme implemented by France between 1994 and 2008 — Investment subsidies awarded by the Île-de-France Region — Decision declaring the aid scheme compatible with the internal market — Advantage — Selective nature — Article 107(1) TFEU — Obligation to state reasons — Concepts of ‘existing aid’ and ‘new aid’ — Article 108 TFEU — Article 1(b)(i) and (v) of Regulation (EU) 2015/1589
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:532 |
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Case T-309/17 Optile v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:529 |
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Case T-330/17 Ceobus and Others v Commission
State aid – Aid scheme implemented by France between 1994 and 2008 – Investment subsidies awarded by the Île-de-France Region – Decision declaring the aid scheme compatible with the internal market – Concepts of ‘existing aid’ and ‘new aid’ – Article 107 TFEU – Article 108 TFEU – Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 – Limitation period – Article 17 of Regulation 2015/1589
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:527 |
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Case T-738/17 STIF-IDF v Commission
Language of the case: French
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Judgment of the General Court (First Chamber) of 12 July 2019
ECLI:EU:T:2019:526 |
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Information (on unpublished decisions)
Case T-388/19 R Puigdemont i Casamajó and Comín i Oliveres v Parliament
Application for interim measures — European Parliament — Verification of the credentials — No prima facie case
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Order of the President of the General Court of 1 July 2019 ECLI:EU:T:2019:467 (Appeal: Case before the Court of Justice C-646/19 P(R)) |
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Case T-602/17 Spain v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure made by Spain — Key checks — Criteria for recognition of producers’ bodies — Approval of operational programmes — Transfer of investments within the same operation programme — Legitimate expectations
Case T-598/17 Italy v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure made by Italy — Delays and negligence attributable to bodies of the Member State — Burden placed on the Member State of the financial consequences of the lack of recovery — Financial corrections — Articles 31 and 32 of Regulation (EC) No 1290/2005 — Article 12 of Delegated Regulation (EU) No 907/2014 — Reasonable time
Case T-662/18 romwell v EUIPO (twistpac)
EU trade mark — Application for EU word mark twistpac — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Duty of care — Article 95(1) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
Case T-53/18 Germany v Commission
Approximation of laws — Regulation (EU) No 305/2011 — Regulation (EU) No 1025/2012 — Construction products — Harmonised standards EN 13341:2005 + A1:2011 and EN 12285-2:2005 — Obligation to state reasons
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Judgment of the General Court (First Chamber) of 9 July 2019 ECLI:EU:T:2019:490 (Appeal: Case before the Court of Justice C-688/19 P) |
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Case T-158/18 Scaloni and Figini v Commission
Action for damages — Resolution of credit institutions and investment firms — Directive 2014/59/EU and Regulation (EU) No 806/2014 — State Aid — Disregard of the procedural requirements — Article 76(d) of the Rules of Procedure — Manifest inadmissibility
Case T-253/18 VY v Commission
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Judgment of the General Court (Third Chamber) of 9 July 2019 ECLI:EU:T:2019:488 |
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Case T-397/18 Hugo's Hotel v EUIPO – H'ugo's (HUGO’S BURGER Bar)
EU trade mark — Opposition proceedings — Application for EU figurative mark HUGO’S BURGER Bar — Earlier EU word mark H’ugo’s — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 9 July 2019 ECLI:EU:T:2019:489 |
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Case T-482/18 XF v Commission
Civil service — Officials — Remuneration — Installation allowance — Temporary change of place of employment — Change of residence
Case T-687/18 Pilatus Bank v ECB
Action for annulment — Economic and monetary policy — Prudential supervision of credit institutions — Suspension measures taken by the national supervisory authority — Appointment of a contact person — Limited communication with the ECB — Procedural defects — Intermediary or preparatory measures — Rights of defence — Inadmissibility
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Order of the General Court (Second Chamber) of 10 July 2019 ECLI:EU:T:2019:542 (Appeal: Case before the Court of Justice C-701/19 P) |
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Case T-522/15 CCPL and Others v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of unlawful conduct — 2006 Guidelines on the method of setting fines — Value of sales — Ceiling of the fine — Proportionality — Equal treatment — Ability to pay
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Judgment of the General Court (Seventh Chamber) of 11 July 2019 ECLI:EU:T:2019:500 (Appeal: Case before the Court of Justice C-706/19 P) |
Case T-523/15 Italmobiliare and Others v Commission
Competition — Agreements, decisions and concerted practices — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Attributability of the unlawful conduct — Conditions for the granting of immunity — 2006 Guidelines on the method of setting fines — Sales value — Ceiling for the fine — Length of the administrative procedure — Reasonable period of time — Ability to pay
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Judgment of the General Court (Seventh Chamber) of 11 July 2019 ECLI:EU:T:2019:499 (Appeal: Case before the Court of Justice C-694/19 P) |
Case T-530/15 Huhtamäki and Huhtamaki Flexible Packaging Germany v Commission
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement — Evidence of involvement in the cartel — Single and continuous infringement — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment
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Judgment of the General Court (Seventh Chamber) of 11 July 2019 ECLI:EU:T:2019:498 |
Case T-582/15 Silver Plastics and Johannes Reifenhäuser v Commission
Competition — Cartels — Retail food packaging market — Decision finding an infringement of Article 101 TFEU — Evidence of involvement in a cartel — Single and continuous infringement — Principle of equality of arms — ‘Right to confront’ — 2006 Leniency Notice — Significant added value — Attributability of unlawful conduct — 2006 Guidelines for calculating the amount of fines — Proportionality — Equal treatment — Upper limit of the fine
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Judgment of the General Court (Seventh Chamber) of 11 July 2019 ECLI:EU:T:2019:497 (Appeal: Case before the Court of Justice C-702/19 P) |
Case T-245/16 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Case T-805/16 IPPT PAN v Commission and REA
Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities — Decision to recover by offsetting claims of the European Union arising from the performance of a contract — Effective judicial protection — Right to refer to the Ombudsman — Financial regulation — Debts which are certain — Legitimate expectations — Principle of non-discrimination — Principle of sound administration — Misuse of powers — Contractual liability — Audit report — Eligible costs
Case T-838/16 BP v FRA
Non-contractual liability — Access to documents — Partial refusal of access — Sufficiently serious breach of a rule of law conferring rights on individuals — Regulations (EC) No 1049/2001 and No 45/2001 — Protection of personal data — Non-material damage — Material damage — Causal link
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Order of the General Court (Second Chamber) of 18 December 2019 ECLI:EU:T:2019:913 |
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Judgment of the General Court (Fifth Chamber) of 11 July 2019 ECLI:EU:T:2019:494 (Appeal: Case before the Court of Justice C-669/19 P) |
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Case T-888/16 BP v FRA
Civil service — Members of the contract staff — FRA — Fixed-term contract — Decision not to renew — New decision adopted following an annulment by the General Court — Rights of the defence — Principle of sound administration — Obligation to state reasons — Liability
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Judgment of the General Court (Fifth Chamber) of 11 July 2019 ECLI:EU:T:2019:493 (Appeal: Case before the Court of Justice C-601/19 P) |
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Case T-185/17 PlasticsEurope v ECHA
REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction — Articles 57 and 59 of Regulation No 1907/2006
Case T-95/18 Gollnisch v Parliament
Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Complaint — Action for annulment — Admissibility — Rights of the defence — Obligation to state reasons — Error of fact
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Judgment of the General Court (Sixth Chamber) of 11 July 2019 ECLI:EU:T:2019:507 (Appeal: Case before the Court of Justice C-676/19 P) |
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Case T-284/18 Arbuzov v Council
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Judgment of the General Court (Sixth Chamber) of 11 July 2019 ECLI:EU:T:2019:511 |
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Case T-285/18 Pshonka v Council
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Judgment of the General Court (Sixth Chamber) of 11 July 2019 ECLI:EU:T:2019:512 |
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Case T-289/18 Pshonka v Council
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Judgment of the General Court (Sixth Chamber) of 11 July 2019 ECLI:EU:T:2019:504 |
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Case T-305/18 Klyuyev v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Sixth Chamber) of 11 July 2019 ECLI:EU:T:2019:506 |
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Case T-349/18 Hauzenberger v EUIPO (TurboPerformance)
EU trade mark — Application for EU figurative mark TurboPerformance — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fourth Chamber) of 11 July 2019 ECLI:EU:T:2019:495 (Appeal: Case before the Court of Justice C-696/19 P) |
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Case T-601/18 Wewi Mobile v EUIPO (Fi Network)
EU trade mark — Application for EU word mark Fi Network — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-674/18 Vattenfall Europe Nuclear Energy v Commission
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Order of the General Court (Third Chamber) of 11 July 2019 ECLI:EU:T:2019:501 |
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Case T-94/15 RENV Binca Seafoods v Commission
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 ECLI:EU:T:2019:523 |
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Case T-763/15 Sony Optiarc and Sony Optiarc America v Commission
Competition — Agreements, decisions and concerted practices — Market for optical disk drives — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Collusive agreements relating to bidding events concerning optical disk drives for notebook and desktop computers — Infringement by object — Rights of the defence — Obligation to state reasons — Principle of good administration — Fines — Single and continuous infringement — 2006 Guidelines on the method of setting fines
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 ECLI:EU:T:2019:517 (Appeal: Case before the Court of Justice C-698/19 P) |
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Case T-276/17 Ogrodnik v EUIPO – Aviário Tropical (Tropical)
EU trade mark — Invalidity proceedings — EU figurative mark Tropical — Earlier national word mark TROPICAL — Relative ground for refusal — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Similarity of the goods — Likelihood of confusion — Coexistence of the marks
Case T-331/17 Steifer v EESC
Civil service — Officials — Pensions — Pension entitlement acquired before entry into service of the EU — Transfer to the EU scheme — Grant of additional seniority — Reimbursement of the amount of pension entitlement not taken into account in the scheme for the calculation of annuities of pension of the EU — No new and substantial facts — No excusable error — Liability — Inadmissibility
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 ECLI:EU:T:2019:521 (Appeal: Case before the Court of Justice C-727/19 P) |
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Case T-698/17 MAN Truck & Bus v EUIPO – Halla Holdings (MANDO)
EU trade mark — Opposition proceedings — Application for EU word mark MANDO — Earlier international and national figurative marks MAN — Earlier national word mark Man — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-772/17 Café del Mar and Others v EUIPO – Guiral Broto (Café del Mar)
EU trade mark — Invalidity proceedings — EU figurative mark Café del Mar — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fourth Chamber) of 12 July 2019 ECLI:EU:T:2019:538 (Appeal: Case before the Court of Justice C-713/19 P) |
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Case T-773/17 Café del Mar and Others v EUIPO – Guiral Broto (Café del Mar)
EU trade mark — Invalidity proceedings — EU figurative mark Café del Mar — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fourth Chamber) of 12 July 2019 ECLI:EU:T:2019:536 (Appeal: Case before the Court of Justice C-714/19 P) |
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Case T-774/17 Café del Mar and Others v EUIPO – Guiral Broto (C del M)
EU trade mark — Invalidity proceedings — EU figurative mark C del M — Absolute ground for refusal — Bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fourth Chamber) of 12 July 2019 ECLI:EU:T:2019:535 (Appeal: Case before the Court of Justice C-715/19 P) |
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Case T-792/17 MAN Truck & Bus v EUIPO – Halla Holdings (MANDO)
EU trade mark — Opposition proceedings — Application for EU figurative mark MANDO — Earlier international and national figurative marks MAN — Earlier national word mark Man — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-54/18 Fashion Energy v EUIPO – Retail Royalty (1st AMERICAN)
EU trade mark — Opposition proceedings — Application for EU figurative mark 1st AMERICAN — Earlier EU figurative mark representing an eagle — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Audi alteram partem rule — Article 95(1) of Regulation 2017/1001 — Cross-claim
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 ECLI:EU:T:2019:518 (Appeal: Case before the Court of Justice C-678/19 P) |
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Case T-113/18 Miles-Bramwell Executive Services v EUIPO (FREE)
EU trade mark — Application for EU word mark FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-114/18 Miles-Bramwell Executive Services v EUIPO (FREE)
EU trade mark — Application for EU word mark FREE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-264/18 Gruppo Armonie v EUIPO (mo.da)
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Judgment of the General Court (Fourth Chamber) of 12 July 2019 ECLI:EU:T:2019:528 |
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Case T-412/18 mobile.de v EUIPO – Droujestvo S Ogranichena Otgovornost 'Rezon' (mobile.ro)
EU trade mark — Invalidity proceedings — EU figurative mark mobile.ro — Earlier national figurative mark mobile — Genuine use of the earlier mark — Article 18 of Regulation (EU) 2017/1001 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
Case T-467/18 Audimas v EUIPO – Audi (AUDIMAS)
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Judgment of the General Court (Fifth Chamber) of 12 July 2019 ECLI:EU:T:2019:513 |
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Case T-280/19 R Highgate Capital Management v Commission
Action for annulment — State aid — Complaint — Act not open to challenge — Inadmissibility
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Order of the President of the General Court of 12 July 2019 ECLI:EU:T:2019:545 (Appeal: Case before the Court of Justice C-605/19 P(R)) |
Case T-355/19 R CE v Committee of the Regions
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Order of the President of the General Court of 12 July 2019 ECLI:EU:T:2019:543 |
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Case T-176/19 R 3V Sigma v ECHA
Application for interim measures — REACH — UVASORB HEB — Evaluation procedure — Decision of the Board of Appeal of ECHA — Application for interim measures — No urgency
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Order of the President of the General Court of 15 July 2019 ECLI:EU:T:2019:547 |
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Case T-367/19 R Camerin v Commission
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Order of the President of the General Court of 15 July 2019 ECLI:EU:T:2019:544 |
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August 2019
Information (on unpublished decisions)
Case T-472/19 R BASF v Commission
Interim measures — Medicinal product — Marketing authorisation — Omega-3 acid ethyl esters — No urgency
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Order of the President of the General Court of 19 August 2019 ECLI:EU:T:2019:555 (Appeal: Case before the Court of Justice C-773/19 P(R)) |
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September 2019
Case T-308/18 Hamas v Council
Language of the case: French
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Judgment of the General Court (First Chamber) of 4 September 2019
ECLI:EU:T:2019:557 (Appeal: Case before the Court of Justice C-833/19 P) |
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Case T-883/16 Poland v Commission
Internal market in natural gas — Directive 2009/73/EC — Commission Decision approving the variation of the conditions for the exemption from EU requirements of the rules governing the operation of the OPAL pipeline in regard to third party access and tariff regulation — Article 36(1) of Directive 2009/73 — Principle of energy solidarity
Language of the case: Polish
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Judgment of the General Court (First Chamber, Extended Composition) of 10 September 2019
ECLI:EU:T:2019:567 |
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Case T-741/17 Trasys International and Axianseu - Digital Solutions v EASA
Language of the case: French
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Judgment of the General Court (Third Chamber) of 10 September 2019
ECLI:EU:T:2019:572 |
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Case T-762/18 R Athanasiadou and Soulantikas v Commission
Interim measures — Financial provisions (budget, financial framework, own resources, combating fraud) — Enforcement — Application for suspension — Admissibility — No urgency
Language of the case: Greek
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Order of the President of the General Court of 10 September 2019 (Extracts)
ECLI:EU:T:2019:574 |
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Case T-545/18 YL v Commission
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 11 September 2019
ECLI:EU:T:2019:578 |
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Case T-748/18 Glimarpol v EUIPO – Metar (Pneumatic power tools)
Community design — Registered Community design representing pneumatic power tools — Invalidity proceedings –– Intervention by the other party to the proceedings before the Board of Appeal — Expiry of the time limit within which to intervene under Article 173 of the Rules of Procedure of the General Court — Refusal to grant leave to intervene under that provision — Application, in the alternative, for leave to intervene under Article 143 of the Rules of Procedure made within the time limit — Whether permissible
Language of the case: English
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Order of the General Court (Sixth Chamber) of 18 September 2019
ECLI:EU:T:2019:687 |
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Case T-228/17 Zhejiang Jndia Pipeline Industry v Commission
Dumping — Imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in China and Taiwan — Imposition of definitive anti-dumping duties — Normal value — Adjustments — Manifest error of assessment — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 19 September 2019
ECLI:EU:T:2019:619 |
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Case T-476/17 Arysta LifeScience Netherlands v Commission
Plant protection products — Active substance diflubenzuron — Review of approval — Article 21 of Regulation (EC) No 1107/2009 — Rights of the defence — Ultra vires — Manifest error of assessment — Procedure for renewal of approval — Article 14 of Regulation No 1107/2009 — Imposition, in the context of the review procedure, of additional restrictions limiting the use of the active substance at issue without waiting for the outcome of the renewal procedure — Proportionality
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 19 September 2019
ECLI:EU:T:2019:618 |
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Case T-783/17 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
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 19 September 2019
ECLI:EU:T:2019:624 |
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Case T-125/17 BASF Grenzach v ECHA
REACH — Evaluation of substances — Triclosan — ECHA decision requesting further information — Article 51(6) of Regulation (EC) No 1907/2006 — Action brought before the Board of Appeal — Task of the Board of Appeal — Adversarial nature of the procedure — Scope of the review — Intensity of the review — Powers of the Board of Appeal — Article 93(3) of Regulation No 1907/2006 — First sentence of Article 47(1) of Regulation No 1907/2006 — Relevant information — Proportionality — Article 25 of Regulation No 1907/2006 — Annex XIII to Regulation No 1907/2006 — Data obtained under relevant circumstances — Persistence — Neurotoxicity — Reproductive toxicity — Article 12(1) of Regulation (EC) No 771/2008 — Delay in the submission of a scientific opinion
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 September 2019
ECLI:EU:T:2019:638 |
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Case T-433/17 Dehousse v Court of Justice of the European Union
Language of the case: French
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Judgment of the General Court (Third Chamber, Extended Composition) of 20 September 2019
ECLI:EU:T:2019:632 |
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Case T-610/17 ICL-IP Terneuzen and ICL Europe Coöperatief v Commission
REACH — Substances subject to authorisation — Inclusion of 1-bromoproprane (nPB) in Annex XIV to Regulation No 1907/2006 — Volumes — Registration dossier — Data — Substance grouping — Principle of sound administration — Right to conduct business and pursue a trade freely — Obligation to state reasons — Legitimate expectations — Proportionality — Equal treatment
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 20 September 2019
ECLI:EU:T:2019:637 |
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Case T-636/17 PlasticsEurope v ECHA
REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 — Supplement to the entry relating to the substance bisphenol A on that list — Articles 57 and 59 of Regulation No 1907/2006 — Manifest error of assessment — Legal certainty — Legitimate expectations — Proportionality
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 20 September 2019
ECLI:EU:T:2019:639 |
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Case T-650/17 Jinan Meide Casting v Commission
Dumping — Implementing Regulation (EU) 2017/1146 — Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China, manufactured by Jinan Meide Castings Co., Ltd — Definitive anti-dumping duty — Resumption of the procedure following the partial annulment of Implementing Regulation (EU) No 430/2013 — Article 2(7)(a), (10) and (11) of Regulation (EC) No 1225/2009 (now Article 2(7)(a), (10) and (11) of Regulation (EU) 2016/1036) — Normal value — Fair comparison — Non-matching product types — Article 3(1) to (3) and Article 9(4) and (5) of Regulation No 1225/2009 (now Article 3(1) to (3) and Article 9(4) and (5) of Regulation 2016/1036) — Determination of injury
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 (Extracts)
ECLI:EU:T:2019:644 |
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Case T-696/17 Havenbedrijf Antwerpen and Maatschappij van de Brugse Zeehaven v Commission
Language of the case: Dutch
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 20 September 2019
ECLI:EU:T:2019:652 |
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Case T-755/17 Germany v ECHA
REACH — Evaluation of substances — Benpat — Persistence — ECHA decision requesting further information — Article 51(6) of Regulation (EC) No 1907/2006 — Action brought before the Board of Appeal — Task of the Board of Appeal — Adversarial procedure — Nature of review — Intensity of review — Powers of the Board of Appeal — Article 93(3) of Regulation No 1907/2006 — Conferral of powers on EU agencies — Principle of conferral — Principle of subsidiarity — Proportionality — Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 20 September 2019
ECLI:EU:T:2019:647 |
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Case T-47/18 UZ v Parliament
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 20 September 2019
ECLI:EU:T:2019:650 |
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Case T-65/18 Venezuela v Council
Action for annulment — Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Action brought by a third State — Lack of direct concern — Inadmissibility
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 20 September 2019
ECLI:EU:T:2019:649 (Appeal: Case before the Court of Justice C-872/19 P) |
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Case T-716/18 The Logistical Approach v EUIPO – Idea Groupe (Idealogistic Compass Greatest care in getting it there)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic Compass Greatest care in getting it there — Earlier international figurative mark IDÉA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 (Extracts)
ECLI:EU:T:2019:642 |
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Case T-586/14 RENV Xinyi PV Products (Anhui) Holdings v Commission
Dumping — Imports of solar glass originating in China — Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) — Market economy treatment — Concept of ‘significant distortion in the production costs and financial situation of firms’ — Tax incentives — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 24 September 2019
ECLI:EU:T:2019:668 (Appeal: Case before the Court of Justice C-884/19 P) (Appeal: Case before the Court of Justice C-888/19 P) |
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Case T-121/15 Fortischem v Commission
State aid — Chemical industry — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Recovery — Economic continuity — Principle of sound administration — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 24 September 2019
ECLI:EU:T:2019:684 |
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Case T-755/15 Luxembourg and Fiat Chrysler Finance Europe v Commission
State aid — Aid granted by Luxembourg — Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Advantage — Arm’s length principle — Selectivity — Presumption — Restriction of competition — Recovery
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 24 September 2019
ECLI:EU:T:2019:670 (Appeal: Case before the Court of Justice C-898/19 P) (Appeal: Case before the Court of Justice C-885/19 P) |
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Case T-760/15 and T-636/16 Netherlands and Others v Commission
State aid — Aid implemented by the Netherlands — Decision declaring the aid to be incompatible with the internal market and unlawful and ordering its recovery — Tax ruling — Transfer pricing — Calculation of the tax base — Arm’s length principle — Advantage — Reference system — Fiscal and procedural autonomy of the Member States
Language of the case: Dutch and English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 24 September 2019
ECLI:EU:T:2019:669 |
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Case T-105/17 HSBC Holdings and Others v Commission
Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the Euribor interbank reference rates — Exchange of confidential information — Restriction of competition by object — Single and continuous infringement — Fines — Basic amount — Value of sales — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 24 September 2019
ECLI:EU:T:2019:675 (Appeal: Case before the Court of Justice C-806/19 P) |
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Case T-391/17 Romania v Commission
Language of the case: Romanian
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Judgment of the General Court (Second Chamber) of 24 September 2019
ECLI:EU:T:2019:672 |
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Case T-466/17 Printeos and Others v Commission
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 24 September 2019
ECLI:EU:T:2019:671 |
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Case T-491/17 Opere Pie d'Onigo v Commission
Language of the case: Italian
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Order of the General Court (Second Chamber) of 24 September 2019
ECLI:EU:T:2019:692 |
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Case T-13/18 Crédit Mutuel Arkéa v EUIPO – Confédération nationale du Crédit mutuel (Crédit Mutuel)
EU trade mark – Invalidity proceedings – EU word mark Crédit Mutuel – Absolute grounds for refusal – Descriptive character – No distinctive character – Distinctive character acquired through use – Cross-claim – Article 7(1)(b) and (c) and Article 7(3) of Regulation (EU) 2017/1001 – Article 59(1)(a) and Article 59(2) of Regulation 2017/1001
Language of the case: French
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Judgment of the General Court (Second Chamber) of 24 September 2019
ECLI:EU:T:2019:673 (Appeal: Case before the Court of Justice C-867/19 P) |
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Case T-112/18 Pink Lady America v CPVO – WAAA (Cripps Pink)
Plant varieties — Nullity proceedings — Cripps Pink apple variety– Articles 10 and 116 of Regulation (EC) No 2100/94 — Novelty — Derogative grace period — Definition of exploitation of the variety — Commercial evaluation — Article 76 of Regulation (EC) No 874/2009 — Late submission of evidence before the Board of Appeal — Evidence submitted for the first time before the General Court
Language of the case: English
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Judgment of the General Court (Third Chamber) of 24 September 2019
ECLI:EU:T:2019:679 |
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Case T-219/18 Piaggio & C. v EUIPO – Zhejiang Zhongneng Industry Group (Mobylettes)
Language of the case: Italian
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Judgment of the General Court (Sixth Chamber) of 24 September 2019
ECLI:EU:T:2019:681 |
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Case T-261/18 Roxtec v EUIPO – Wallmax (Representation of a black square containing seven concentric blue circles)
EU trade mark — Invalidity proceedings — EU figurative trade mark depicting a black square containing seven concentric blue circles — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii), of Regulation (EU) 2017/1001
Language of the case: English
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Judgment of the General Court (Second Chamber) of 24 September 2019
ECLI:EU:T:2019:674 (Appeal: Case before the Court of Justice C-893/19 P) |
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Case T-356/18 Volvo Trademark v EUIPO – Paalupaikka (V V-WHEELS)
EU trade mark — Opposition proceedings — Application for the EU figurative mark V V-WHEELS — Earlier EU, national and unregistered figurative marks VOLVO — Relative ground for refusal — Similarity of the signs — Article 8(5) of Regulation (EU) 2017/1001
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 24 September 2019
ECLI:EU:T:2019:690 |
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Case T-99/19 Magnan v Commission
Language of the case: French
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Order of the General Court (Fifth Chamber) of 25 September 2019
ECLI:EU:T:2019:693 |
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Information (on unpublished decisions)
Case T-603/17 Lithuania v Commission
EAGF and EAFRD — Expenditure excluded from financing — Regulation (EC) No 1698/2005 — Axis 4 ‘Leader’ — Regulation (EU) No 65/2011 — Administrative checks — Obligation to implement a suitable system for evaluating the reasonableness of the costs — Contribution in kind in the form of unpaid voluntary work — Contribution in kind in the form of a contribution of immovable property — On-the-spot checks — Presence of documents supporting payment claims — Implementation of operations financed in accordance with the rules on public procurement
Cases T-313/15 and T-317/15 Italy v Commission
Rules on the use of languages — Notices of open competition for the recruitment of administrators — Choice of second language from three languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Principle of non-discrimination — Proportionality — Manifestly well-founded action
Case T-753/18 C&A v EUIPO (#BESTDEAL)
EU trade mark — Application for the EU figurative mark #BESTDEAL — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-212/18 Romańska v Frontex
Civil Service — Contract Staff — Contract for an indefinite period — Article 47(c)(i) of the CEOS — Termination — Grounds for termination — Breakdown in the relationship of trust — Discrimination and psychological harassment — Compensation claim — Manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 6 September 2019 ECLI:EU:T:2019:581 (Appeal: Case before the Court of Justice C-839/19 P) |
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Case T-575/18 Shore Capital International v EUIPO – Circle Imperium (The Inner Circle)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark The Inner Circle — Earlier EU word mark InnerCircle — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-680/18 SLL Service v EUIPO – Elfa International (LUMIN8)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark LUMIN8 — Earlier EU word mark LUMI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-689/18 Executive Selling v EUIPO (EXECUTIVE SELLING)
EU trade mark — International registration designating the European Union — Figurative mark EXECUTIVE SELLING — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-50/18 Tassi v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
Case T-51/18 BP v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
Case T-66/18 BQ v Court of Justice of the European Union
Public service contracts — Tender procedure — Call for tenders of the Court of Justice of the European Union — Freelance translators — Selection procedure — Rejection of a tenderer’s offer — Obligation to state reasons — Manifest error of assessment
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Judgment of the General Court (Third Chamber) of 10 September 2019 ECLI:EU:T:2019:566 |
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Case T-217/18 DK v EEAS
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Judgment of the General Court (First Chamber) of 10 September 2019 ECLI:EU:T:2019:571 |
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Case T-744/18 Oakley v EUIPO – Xuebo Ye (Representation of a discontinuous ellipse)
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Judgment of the General Court (First Chamber) of 10 September 2019 ECLI:EU:T:2019:568 |
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Case T-231/15 RENV Haswani v Council
Common foreign and security policy — Restrictive measures against Syria — Freezing of funds — Article 86 of the Rules of Procedure of the General Court — Modification of the application — Admissibility — Need to modify pleas in law and arguments — Action in part manifestly inadmissible and in part manifestly devoid of any foundation in law
Joined Cases T-721/17 and T-722/17 Topor-Gilka and WO Technopromexport v Council
Common foreign and security policy — Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine — Freezing of funds — Obligation to state reasons — Error of assessment
Case T-286/18 Azarov v Council
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Judgment of the General Court (Sixth Chamber) of 11 September 2019 ECLI:EU:T:2019:577 |
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Case T-649/18 ruwido austria v EUIPO (transparent pairing)
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Order of the General Court (Sixth Chamber) of 11 September 2019 ECLI:EU:T:2019:585 (Appeal: Case before the Court of Justice C-823/19 P) |
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Case T-34/19 Orkla Foods Danmark v EUIPO (PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD)
EU trade mark — Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-55/19 Cham Holding and Bena Properties v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-56/19 Syriatel Mobile Telecom v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-57/19 Makhlouf v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-58/19 Othman v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-59/19 Makhlouf v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-61/19 Drex Technologies v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-62/19 Almashreq Investment Fund v Council
Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence
Case T-137/19 Souruh v Council
Action for damages — Common Foreign and Security Policy — Restrictive measures against Syria — Freezing of funds — Lack of jurisdiction
Case T-578/19 R Sophia Group v Parliament
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
Case T-417/16 Achemos Grupė and Achema v Commission
State aid — Aid to Klaipėdos Nafta for the construction and management of an LNG terminal at the Klaipėda Seaport — Decision declaring the aid compatible with the internal market — Article 106(2) TFEU — Article 107(3)(c) TFEU — Decision not to raise any objections — Security of supply — Service of general economic interest
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Judgment of the General Court (Seventh Chamber) of 12 September 2019 ECLI:EU:T:2019:597 |
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Case T-629/17 Czech Republic v Commission
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Judgment of the General Court (Seventh Chamber) of 12 September 2019 ECLI:EU:T:2019:596 |
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Case T-225/18 Manéa v CdT
Civil service — Temporary members of staff — Fixed-term contract — Decision not to renew the applicant’s contract — Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision — Liability
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Judgment of the General Court (Seventh Chamber) of 12 September 2019 ECLI:EU:T:2019:595 (Appeal: Case before the Court of Justice C-892/19 P) |
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Case T-528/18 XI v Commission
Civil Service — Officials — Occupational disease — Psychological harassment — Request for assistance — Rejection of the request — Reply to the complaint containing medical data — Medical confidentiality — Request for deletion of that data — Protection of natural persons with regard to the processing of personal data — Right to privacy — Liability
Case T-182/19 Puma v EUIPO (SOFTFOAM)
EU trade mark — Application for EU figurative mark SOFTFOAM — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
Case T-525/19 R Intering and Others v Commission
Interim measures — Procedure for the award of a contract — Application for suspension of operation — Application for interim measures — Lack of urgency
Case T-566/19 R Scandlines Danmark and Scandlines Deutschland v Commission
Application for interim measures — State aid — Extension of time limit — No interest
Case T-617/18 ZH v ECHA
Civil service — Members of the temporary staff — 2016 staff report — Sick leave — Claim for compensation — Complaint brought after expiry of the three-month period prescribed by Article 90(2) of the Staff Regulations — Force majeure — Excusable error — Manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 16 September 2019 ECLI:EU:T:2019:629 |
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Case T-703/18 Poland v Commission
Action for annulment — European Social Fund — Operational programme ‘Knowledge Education Development’ — Letter notifying a final audit report — Act not amenable to review — Preparatory act — Inadmissibility
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Order of the General Court (Ninth Chamber) of 16 September 2019 ECLI:EU:T:2019:628 |
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Joined Cases T-119/07 and T-207/07 Italy and Eurallumina v Commission
State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature — Guidelines on regional State aid — Community guidelines on State aid for environmental protection of 2001 — Legitimate expectations — Presumption of legality attaching to measures of the institutions — Principle of sound administration — Obligation to state reasons — Contradictory reasoning
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Judgment of the General Court (First Chamber) of 17 September 2019 ECLI:EU:T:2019:613 |
Joined Cases T-129/07 and T-130/07 Ireland and Aughinish Alumina v Commission
State aid — Directive 2003/96/EC — Excise duties on mineral oils — Mineral oils used as fuel for alumina production — Exemption from excise duty — Selective nature of the measure — Community guidelines on State aid for environmental protection of 2001
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Judgment of the General Court (First Chamber) of 17 September 2019 ECLI:EU:T:2019:610 |
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Case T-399/18 TrekStor v EUIPO (Theatre)
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Judgment of the General Court (Second Chamber) of 17 September 2019 ECLI:EU:T:2019:612 |
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Case T-464/18 Grupo Bimbo v EUIPO – Rubio Snacks (Tia Rosa)
EU trade mark — Opposition proceedings — Application for EU figurative mark Tia Rosa — Earlier national figurative mark TIA ROSA — Relative ground for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-502/18 Pharmadom v EUIPO – IRF (MediWell)
EU trade mark — Opposition proceedings — Application for EU figurative mark MediWell — Earlier national word mark WELL AND WELL and earlier national figurative mark well & well LES PHARMACIENS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-532/18 Aroma Essence v EUIPO – Refan Bulgaria (Washing sponge)
Community design — Invalidity proceedings — Registered Community design representing a washing sponge — Earlier designs — Grounds for invalidity — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Burden of proof on the invalidity applicant — Requirements relating to the reproduction of the prior design
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Judgment of the General Court (Second Chamber) of 17 September 2019 ECLI:EU:T:2019:609 |
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Case T-633/18 Rose Gesellschaft v EUIPO – Iviton (TON JONES)
EU trade mark — Opposition proceedings — Application for EU word mark TON JONES — Earlier national and international figurative marks Jones — Proof of genuine use of the earlier marks — Article 47(2) and (3) of Regulation (EU) 2017/1001 — Article 18(1) of Regulation 2017/1001 — Article 10 of Delegated Regulation (EU) 2018/625
Case T-634/18 Geske v EUIPO (revolutionary air pulse technology)
EU trade mark — Application for EU word mark revolutionary air pulse technology — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
Case T-386/14 RENV 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
Case T-153/17 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
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Judgment of the General Court (Eighth Chamber) of 19 September 2019 ECLI:EU:T:2019:622 (Appeal: Case before the Court of Justice C-877/19 P) |
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Case T-176/17 WhiteWave Services v EUIPO – Fernandes (VeGa one)
EU trade mark — Opposition proceedings — Application for EU figurative mark VeGa one — International registration designating the European Union in respect of the earlier word mark Vegas — 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)
Case T-786/17 BTC v Commission
Arbitration clause — Grant agreement entered into in the context of the eTEN framework programme, relating to trans-European telecommunications networks — ‘SafeChemo’ project — Investigation report from OLAF finding certain expenses incurred to be ineligible — Repayment in part of the sums paid — Counterclaim
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Judgment of the General Court (First Chamber) of 19 September 2019 ECLI:EU:T:2019:630 |
Case T-27/18 RENV FV v Council
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Judgment of the General Court (Eighth Chamber) of 19 September 2019 ECLI:EU:T:2019:621 |
Case T-359/18 Unifarco v EUIPO – GD Tecnologie Interdisciplinari Farmaceutiche (TRICOPID)
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Judgment of the General Court (First Chamber) of 19 September 2019 ECLI:EU:T:2019:626 |
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Case T-378/18 NHS v EUIPO – HLC SB Distribution (CRUZADE)
EU trade mark — Opposition proceedings — Application for EU word mark CRUZADE — Earlier EU figurative mark SANTA CRUZ — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001 — Enhanced distinctiveness of the earlier mark
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Judgment of the General Court (Eighth Chamber) of 19 September 2019 ECLI:EU:T:2019:620 |
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Case T-379/18 WI v Commission
Civil service — Pensions — Survivor’s pension — Registered non-marital partnership — Refusal to grant — Article 1(2)(c)(iv) of Annex VII of the Staff Regulation — Access to civil marriage — Principle of sound administration — Duty to have regard for the welfare of officials — Exceptional Circumstances
Case T-678/18 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)
Case T-679/18 Showroom v EUIPO – E-Gab (SHOWROOM)
EU trade mark — Opposition proceedings — Application for the EU figurative mark SHOWROOM — Earlier EU figurative mark SHOWROOM86 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-761/18 La Caixa v EUIPO – Imagic Vision (imagin bank)
EU trade mark — Opposition proceedings — Application for EU figurative mark imagin bank — Earlier national figurative mark imagic — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-615/15 RENV LL v Parliament
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 ECLI:EU:T:2019:636 |
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Case T-217/17 FVE Holýšov I and Others v Commission
State aid — Market for electricity generated from renewable sources — Measures setting a minimum purchase price for electricity generated from renewable energy sources or granting a bonus to producers of that electricity — Amendment of the initial measures — Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage — Article 107(3)(c) TFEU — Beneficiaries of the aid and shareholders of the beneficiaries — Legitimate expectations — State resources — Commission’s competence to examine the compatibility of the measures with other provisions of EU law than State aid
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Judgment of the General Court (Seventh Chamber) of 20 September 2019 ECLI:EU:T:2019:633 (Appeal: Case before the Court of Justice C-850/19 P) |
Case T-467/17 Barata v Parliament
Action for annulment — Civil service — Selection procedure for contract staff — Recruitment — Call for expressions of interest EP/CAST/S/16/2016 — Drivers — Practical and theoretical tests organised following the establishment of a database — Failure in the theoretical test — Annulment of the call for expressions of interest and voiding of the database — Action which has become devoid of purpose — Continuing interest in bringing proceedings — No need, in part, to adjudicate — Inadmissibility in part
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Judgment of the General Court (Sixth Chamber) of 20 September 2019 ECLI:EU:T:2019:646 |
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Case T-673/17 Port autonome du Centre et de l'Ouest and Others v Commission
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 20 September 2019 ECLI:EU:T:2019:643 |
Case T-674/17 Le Port de Bruxelles and Région de Bruxelles-Capitale v Commission
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 20 September 2019 ECLI:EU:T:2019:651 |
Case T-287/18 M. I. Industries v EUIPO – Natural Instinct (Nature's Variety Instinct)
EU trade mark — Opposition proceedings — Application for the EU figurative mark Nature’s Variety Instinct — Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 ECLI:EU:T:2019:641 |
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Case T-288/18 M. I. Industries v EUIPO – Natural Instinct (NATURE'S VARIETY INSTINCT)
EU trade mark — Opposition proceedings — Application for the EU word mark NATURE’S VARIETY INSTINCT — Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 ECLI:EU:T:2019:640 |
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Case T-367/18 Sixsigma Networks Mexico v EUIPO – Marijn van Oosten Holding (UKIO)
EU trade mark — Opposition proceedings — Application for the EU word mark UKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 ECLI:EU:T:2019:645 |
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Case T-458/18 Multifit v EUIPO (real nature)
EU trade mark — Application for EU word mark real nature — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
Case T-650/18 Reaktor Group v EUIPO (REAKTOR)
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Judgment of the General Court (Seventh Chamber) of 20 September 2019 ECLI:EU:T:2019:635 |
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Case T-727/18 R ZW v EIB
Interim measures — Civil service — Inadmissibility
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Order of the President of the General Court of 20 September 2019 ECLI:EU:T:2019:686 |
Case T-67/19 Sixsigma Networks Mexico v EUIPO – Dokkio (DOKKIO)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DOKKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 ECLI:EU:T:2019:648 |
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Case T-500/17 Hubei Xinyegang Special Tube v Commission
Dumping — Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China — Definitive anti-dumping duty — Injury — Price undercutting — Causal link
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Judgment of the General Court (Seventh Chamber) of 24 September 2019 ECLI:EU:T:2019:691 (Appeal: Case before the Court of Justice C-891/19 P) |
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Case T-780/17 US v ECB
Civil service — ECB staff — Appraisal report for 2016 — Annual salary and bonus review — Refusal to convert a fixed-term employment contract into a contract for an indefinite period — Obligation to state reasons — Manifest error of assessment
Case T-39/18 VF v ECB
Civil service — ECB staff — Appraisal report of the applicant — Annual salary and bonus review — Refusal to convert a fixed-term employment contract into a contract for an indefinite period — Obligation to state reasons — Manifest error of assessment — Principle of sound administration
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:683 |
Case T-68/18 Fränkischer Weinbauverband v EUIPO (Shape of a bottle)
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:677 |
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Case T-255/18 US v ECB
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:680 |
Case T-300/18 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:685 |
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Case T-301/18 Yanukovych v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:676 |
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Case T-404/18 Zhadanov v EUIPO (PDF Expert)
EU trade mark — Application for the EU word mark PDF Expert — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EU) 2017/1001
Case T-492/18 Zhadanov v EUIPO (Scanner Pro)
EU trade mark — Application for the EU word mark Scanner Pro — Absolute ground for refusal — No distinctive character acquired through use — Article 7(3) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 24 September 2019 ECLI:EU:T:2019:667 |
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Case T-497/18 IAK - Forum International v EUIPO – Schwalb (IAK)
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Judgment of the General Court (Seventh Chamber) of 24 September 2019 ECLI:EU:T:2019:689 |
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Case T-507/18 France v Commission
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Judgment of the General Court (Sixth Chamber) of 24 September 2019 ECLI:EU:T:2019:682 |
Case T-749/18 Daimler v EUIPO (ROAD EFFICIENCY)
EU trade mark — Application for EU word mark ROAD EFFICIENCY — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-451/18 Triantafyllopoulos and Others v ECB
Action for damages — Harm allegedly caused to the applicants due to the absence of supervision of the Achaiki Cooperative Bank by the National Bank of Greece and the ECB — Limitation period — Article 46 of the Statute of the Court of Justice of the European Union — Causal link — Action in part manifestly inadmissible and in part manifestly unfounded in law
Case T-663/18 Nissin Foods Holdings v EUIPO – The GB Foods (Soba JAPANESE FRIED NOODLES)
EU trade mark — Invalidity proceedings — EU figurative mark Soba JAPANESE FRIED NOODLES — Absolute ground for invalidity — Article 59(1)(a) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Action manifestly lacking any foundation in law
Case T-740/18 R Taminco v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance thiram — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency
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Order of the President of the General Court of 26 September 2019 ECLI:EU:T:2019:717 |
Case T-518/19 R Sipcam Oxon v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance chlorothalonil — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency
Case T-549/19 R Medac Gesellschaft für klinische Spezialpräparate v Commission
Application for interim measures — Orphan medicinal product — Application to suspend operation of a measure — No urgency
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Order of the President of the General Court of 26 September 2019 ECLI:EU:T:2019:695 (Appeal: Case before the Court of Justice C-832/19 P(R)) |
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Case T-568/19 R Micreos Food Safety v Commission
Application for interim measures — Bacteriophage — Listeria — ListexTM P100 — Inadmissibility
October 2019
Case T-730/18 DQ and Others v Parliament
Language of the case: French
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Judgment of the General Court (First Chamber) of 3 October 2019
ECLI:EU:T:2019:725 |
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Case T-432/18 Palo v Commission
Civil service — Members of the temporary staff — Pensions — Pension scheme — Severance grant — Article 12(2) of Annex VIII to the Staff Regulations — Principles of equal treatment and non-discrimination — Legitimate expectations — Principle of good administration — Duty of care
Language of the case: English
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Judgment of the General Court (Second Chamber) of 16 October 2019
ECLI:EU:T:2019:749 |
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Case T-279/18 Alliance Pharmaceuticals v EUIPO – AxiCorp (AXICORP ALLIANCE)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark AXICORP ALLIANCE — Earlier EU word and figurative marks ALLIANCE — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47(2) of Regulation 2017/1001 — Interpretation of the description of the goods reproduced in the alphabetical list accompanying the Nice Classification
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 17 October 2019
ECLI:EU:T:2019:752 |
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Case T-778/17 Autostrada Wielkopolska v Commission
State aid — Toll-motorway concession — Law providing for an exemption from tolls for certain vehicles — Compensation granted to the concession holder by the Member State for loss of revenue — Shadow toll — Decision declaring aid incompatible with the internal market and ordering its recovery — Procedural rights of the interested parties — Commission’s obligation to exercise particular vigilance — Concept of State aid — Advantage — Improvement of the concessionaire’s expected financial situation — Criterion of the private operator in a market economy — Article 107(3)(a) TFEU — Regional State aid
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 24 October 2019 (Extracts)
ECLI:EU:T:2019:756 |
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Case T-310/18 EPSU and Goudriaan v Commission
Social policy — Dialogue between the social partners at EU level — Agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’ — Joint request of the signatory parties seeking the implementation of that agreement at EU level — Refusal by the Commission to submit a proposal for a decision to the Council — Action for annulment — Challengeable act — Admissibility — Commission’s discretion — Autonomy of the social partners — Principle of subsidiarity — Proportionality
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 24 October 2019
ECLI:EU:T:2019:757 (Appeal: Case before the Court of Justice C-928/19 P) |
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Case T-417/18 CdT v EUIPO
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 24 October 2019
ECLI:EU:T:2019:766 |
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Case T-498/18 ZPC Flis v EUIPO – Aldi Einkauf (Happy Moreno choco)
EU trade mark — Opposition proceedings — Application for EU figurative mark Happy Moreno choco — Earlier national figurative marks MORENO — 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) — Substitution of the list of goods covered by the earlier national figurative marks — Rectification of the decision of the Board of Appeal — Article 102(1) of Regulation 2017/1001 — Legal basis — Previous decision-making practice — Legal certainty — Legitimate expectations
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 24 October 2019
ECLI:EU:T:2019:763 |
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Information (on unpublished decisions)
Case T-542/19 R FV v Council
Interim relief — Civil service — Officials — Placing on leave and retirement in the interests of the service– Article 42c of the Staff Regulations — Application for a suspension of operation of a measure — No urgency
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Order of the President of the General Court of 2 October 2019 ECLI:EU:T:2019:718 |
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Case T-805/17 BASF v ECHA
REACH — Article 11 of Regulation (EC) No 1907/2006 — Article 3(3) of Implementing Regulation (EU) 2016/9 — Requirement for joint submission of data — Joint submission with possibility of a complete opt-out — Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance — Failure to reach an agreement — Dispute resolution mechanism applied by analogy — Decision granting access to a joint submission — Legal basis — Broad discretion of ECHA — Manifest error of assessment — Obligation to state reasons — Legal certainty
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Judgment of the General Court (Sixth Chamber) of 3 October 2019 ECLI:EU:T:2019:723 |
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Case T-806/17 BASF and REACH & colours v ECHA
REACH — Article 11 of Regulation (EC) No 1907/2006 — Article 3(3) of Implementing Regulation (EU) 2016/9 — Requirement for joint submission of data — Joint submission with possibility of a complete opt-out — Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance — Failure to reach an agreement — Dispute resolution mechanism applied by analogy — Decision granting access to a joint submission — Legal basis — Broad discretion of ECHA — Manifest error of assessment — Obligation to state reasons — Legal certainty
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Judgment of the General Court (Sixth Chamber) of 3 October 2019 ECLI:EU:T:2019:724 |
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Case T-491/18 Vafo Praha v EUIPO – Rutzinger-Kurpas (Meatlove)
EU trade mark — Opposition proceedings — Application for the EU word mark Meatlove — Earlier EU word mark carnilove — 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)
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Judgment of the General Court (Third Chamber) of 3 October 2019 ECLI:EU:T:2019:726 |
Case T-500/18 Puma v EUIPO – Destilerias MG (MG PUMA)
EU trade mark — Opposition proceedings — Application for the EU word mark MG PUMA — Earlier EU word mark GINMG — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-533/18 Wanda Films and Wanda Visión v EUIPO – Dalian Wanda Group (WANDA FILMS)
EU trade mark — Opposition proceedings — Application for EU word mark WANDA FILMS — Earlier EU word mark WANDA — Relative ground for refusal — Restriction of the application for registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-542/18 Wanda Films and Wanda Visión v EUIPO – Dalian Wanda Group (wanda films)
EU trade mark — Opposition proceedings — Application for EU figurative mark wanda films — Earlier EU word mark WANDA — Relative ground for refusal — Restriction of the application for registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-666/18 6Minutes Media v EUIPO – ad pepper media International (ad pepper)
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Judgment of the General Court (Ninth Chamber) of 3 October 2019 ECLI:EU:T:2019:720 |
Case T-668/18 6Minutes Media v EUIPO – ad pepper media International (ADPepper)
EU trade mark — Revocation proceedings — Word mark ADPepper — Genuine use of the trade mark — Article 18(1)(a) and Article 58(1)(a) and Article 95(2) of Regulation (EU) 2017/1001 — Form differing in elements which do not alter the distinctive character
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Judgment of the General Court (Ninth Chamber) of 3 October 2019 ECLI:EU:T:2019:719 |
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Case T-686/18 LegalCareers v EUIPO (LEGALCAREERS)
EU trade mark — Application for the EU figurative mark LEGALCAREERS — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EU) 2017/1001 — Article 7(1)(b) of Regulation 2017/1001 — Obligation to state reasons
Joined Cases T-102/19 and T-132/19 Garriga Polledo and Others v Parliament
Action for annulment — Institutional law — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the additional voluntary pension scheme — Regulatory act — Implementing measures — Lack of individual concern — Inadmissibility
Case T-713/18 Esim Chemicals v EUIPO – Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals)
EU trade mark — Opposition proceedings — Application for EU word mark ESIM Chemicals — Earlier national word mark ESKIM — Relative ground for refusal — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed — Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 9 October 2019 ECLI:EU:T:2019:744 (Appeal: Case before the Court of Justice C-902/19 P) |
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Case T-335/17 Help - Hilfe zur Selbsthilfe v Commission
Arbitration clause — Food security programme for very food insecure farming households in Zimbabwe (ECHO/ZWE/BUD/2009/02002) — Reclassification of the action — Audit reports — Audit report of the Court of Auditors — OLAF Report — Reimbursement of the sums paid — Proportionality — Legitimate expectations
Case T-372/18 Colombani v EEAS
Civil service — Officials — Promotion — 2017 promotion year — Decision not to promote the applicant to Grade AD 14 — Article 43 and Article 45(1) of the Staff Regulations — Consideration of comparative merits — Taking into account staff reports for the purpose of promotion — Purely literal assessments — No method enabling staff reports to be compared for the purpose of promotion
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Judgment of the General Court (Second Chamber) of 10 October 2019 ECLI:EU:T:2019:734 |
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Case T-428/18 McDreams Hotel v EUIPO – McDonald's International Property (mc dreams hotels Träumen zum kleinen Preis!)
EU trade mark — Opposition proceedings — Application for EU figurative mark mc dreams hotels Träumen zum kleinen Preis! — Earlier EU word mark McDONALD’S — Article 8(5) of Regulation (EU) 2017/1001 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark
Case T-453/18 Biasotto v EUIPO – Oofos (OOF)
EU trade mark — Opposition proceedings — Application for EU figurative mark OOF — Earlier EU word mark OOFOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-454/18 Biasotto v EUIPO – Oofos (OO)
EU trade mark — Opposition proceedings — Application for EU figurative mark OO — Earlier EU figurative mark OO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-536/18 Société des produits Nestlé v EUIPO – European Food (FITNESS)
EU trade mark — Invalidity proceedings — EU word mark FITNESS — Absolute grounds for refusal — Decision taken following the annulment of an earlier decision by the General Court — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Production of evidence for the first time before the Board of Appeal
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Judgment of the General Court (Eighth Chamber) of 10 October 2019 ECLI:EU:T:2019:737 (Appeal: Case before the Court of Justice C-908/19 P) |
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Case T-599/18 Aeris Invest v SRB
Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex-post definitive valuation of Banco Popular Español — Act not open to challenge — Inadmissibility
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Order of the General Court (Eighth Chamber) of 10 October 2019 ECLI:EU:T:2019:740 (Appeal: Case before the Court of Justice C-874/19 P) |
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Case T-632/18 ZM and Others v Council
Civil service — Officials — Members of the temporary staff — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations
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Judgment of the General Court (Eighth Chamber) of 10 October 2019 ECLI:EU:T:2019:732 |
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Case T-700/18 Kalypso Media Group v EUIPO – Wizards of the Coast (DUNGEONS)
EU trade mark — Opposition proceedings — Application for EU word mark DUNGEONS — Earlier EU word mark DUNGEONS & DRAGONS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-2/19 Algebris (UK) and Anchorage Capital Group v SRB
Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex post definitive valuation of Banco Popular Español — Lack of direct concern — Inadmissibility
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Order of the General Court (Eighth Chamber) of 10 October 2019 ECLI:EU:T:2019:741 (Appeal: Case before the Court of Justice C-934/19 P) |
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Case T-434/18 Vans v EUIPO (ULTRARANGE)
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Judgment of the General Court (First Chamber) of 15 October 2019 ECLI:EU:T:2019:746 |
Case T-582/18 Boxer Barcelona v EUIPO – X-Technology Swiss (XBOXER BARCELONA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark XBOXER BARCELONA — Earlier EU figurative mark representing the letter ‘x’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Evidence — Article 18(1)(a) of Regulation 2017/1001 — Article 47(2) of Regulation 2017/1001 — Restriction of the application for registration before the Board of Appeal — Article 49(1) of Regulation 2017/1001
Case T-684/18 ZV v Commission
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Judgment of the General Court (Fifth Chamber) of 16 October 2019 ECLI:EU:T:2019:748 |
Case T-628/18 E.I. Papadopoulos v EUIPO – Europastry (fripan VIENNOISERIE CAPRICE Pur Beurre)
EU trade mark — Opposition proceedings — Application for European Union figurative mark fripan VIENNOISERIE CAPRICE Pur Beurre — Earlier EU figurative mark Caprice — 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)
Case T-10/19 United States Seafoods v EUIPO (UNITED STATES SEAFOODS)
EU trade mark — International registration designating the European Union — Figurative mark UNITED STATES SEAFOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 17 October 2019 ECLI:EU:T:2019:751 |
Case T-145/19 Jap Energéticas y Medioambientales v Commission
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Order of the General Court (Ninth Chamber) of 17 October 2019 ECLI:EU:T:2019:753 |
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Case T-71/19 BMC v Commission and Clean Sky 2 Joint Undertaking
Action for annulment — Research and technological development and space — (Horizon 2020) - the Framework Programme for Research and Innovation (2014-2020) — Procedure for call for proposals H2020-CS 2 -CFP08-FRC‑2018-01 — Development of a suction and protection against icing system for the engine of helicopters with rotor blades — Rejection of the proposal submitted by the applicant — Identification of the defendant — Partial inadmissibility
Case T-108/18 Universität Koblenz-Landau v Commission and EACEA
Action for annulment — Arbitration clause — Mesure Tempus IV — Grant agreements — Identification of the defendant — Partial inadmissibility
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Order of the General Court (Seventh Chamber) of 23 October 2019 ECLI:EU:T:2019:768 |
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Case T-383/19 R Walker and Others v Parliament and Council
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Order of the President of the General Court of 23 October 2019 ECLI:EU:T:2019:754 (Appeal: Case before the Court of Justice C-789/19 P(R)) |
Case T-332/17 E-Control v ACER
Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence
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Judgment of the General Court (Seventh Chamber) of 24 October 2019 ECLI:EU:T:2019:761 |
Case T-333/17 Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER
Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence
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Judgment of the General Court (Seventh Chamber) of 24 October 2019 ECLI:EU:T:2019:760 |
Case T-557/17 Liaño Reig v SRB
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Order of the General Court (Eighth Chamber) of 24 October 2019 ECLI:EU:T:2019:771 |
Case T-601/17 Rubik's Brand v EUIPO – Simba Toys (Shape of a cube with surfaces having a grid structure)
EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a cube with surfaces having a grid structure — Absolute ground for refusal — Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation 2017/1001) — Sign consisting exclusively of the shape of goods necessary to obtain a technical result — Article 76(1) of Regulation (EC) No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Second sentence of Article 75(1) of Regulation No 207/2009 (now the second sentence of Article 94(1) of Regulation 2017/1001) — Article 65(6) of Regulation No 207/2009 (now Article 72(6) of Regulation 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 24 October 2019 ECLI:EU:T:2019:765 |
Case T-58/18 Mahr v EUIPO – Especialidades Vira (Xocolat)
EU trade mark — Opposition proceedings — Application for EU word mark Xocolat — Earlier EU word mark LUXOCOLAT — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Reasoned statement in the notice of opposition — Rule 15(3)(b) of Regulation (EC) No 2868/95 (now Article 2(4) of Delegated Regulation (EU) 2018/625)
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Judgment of the General Court (Fourth Chamber) of 24 October 2019 ECLI:EU:T:2019:759 |
Case T-559/18 Atos Medical v EUIPO – Andreas Fahl Medizintechnik- Vertrieb (Patchs médicaux)
Community design — Invalidity proceedings — Registered Community design representing a medical plaster — Disclosure of the earlier designs — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-560/18 Atos Medical v EUIPO – Andreas Fahl Medizintechnik- Vertrieb (Patchs médicaux)
Community design — Invalidity proceedings — Registered Community design representing a medical plaster — Disclosure of the earlier designs — Ground for invalidity — Individual character — Informed user — Degree of freedom of the designer — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Case T-708/18 ZPC Flis v EUIPO – Aldi Einkauf (FLIS Happy Moreno choco)
EU trade mark — Opposition proceedings — Application for EU figurative mark FLIS Happy Moreno choco — Earlier national figurative marks MORENO — 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) — Substitution of the list of goods covered by the earlier national figurative marks — Rectification of the decision of the Board of Appeal — Article 102(1) of Regulation 2017/1001 — Legal basis — Previous decision-making practice — Legal certainty — Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 24 October 2019 ECLI:EU:T:2019:762 |
Case T-41/19 MSI Svetovanje v EUIPO – Industrial Farmaceutica Cantabria (nume)
EU trade mark — Opposition proceedings — Application for the EU figurative mark nume — Earlier EU word mark numederm — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 24 October 2019 ECLI:EU:T:2019:764 |
Case T-188/19 United Kingdom v Commission
Action for annulment — Research and technological development and space — Seventh framework programme of the Union — Audit — Failure to fill out work timesheets — Personnel costs declared ineligible — Decision of the Commission to adopt the audit report as final — Inadmissibility
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Order of the General Court (Eighth Chamber) of 24 October 2019 ECLI:EU:T:2019:772 |
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November 2019
Case T-48/17 ADDE v Parliament
Law governing the institutions — European Parliament — Decision declaring certain expenditure of a political party ineligible for the purposes of a grant for 2015 — Decision awarding a grant for 2017 and making provision for pre-financing at the rate of 33% of the maximum grant amount and an obligation to provide a bank guarantee — Obligation of impartiality — Rights of the defence — Financial Regulation — Rules of application of the Financial Regulation — Regulation (EC) No 2004/2003 — Proportionality — Equal treatment
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 7 November 2019
ECLI:EU:T:2019:780 |
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Case T-380/18 Intas Pharmaceuticals v EUIPO – Laboratorios Indas (INTAS)
EU trade mark — Opposition proceedings — Application for the EU word mark INTAS — Earlier EU and national figurative trade marks including the word element ‘indas’ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs and of the goods — Article 8(1)(b) of Regulation (EU) 2017/1001 — Proof of genuine use of the earlier marks — Article 47 of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 7 November 2019 (Extracts)
ECLI:EU:T:2019:782 |
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Case T-502/16 Missir Mamachi di Lusignano and Others v Commission
Civil service — Officials — Murder of an official and his wife — Obligation to ensure the safety of staff in the service of the European Union — Liability of the institution for non-material damage suffered by the family members of a deceased official — Mother, brother and sister of the official — Action for damages — Admissibility — Standing to bring proceedings under Article 270 TFEU — Person covered by the Staff Regulations — Reasonable period of time
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber) of 20 November 2019 (Extracts)
ECLI:EU:T:2019:795 (Appeal: Case before the Court of Justice C-54/20 P) |
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Case T-31/18 Izuzquiza and Semsrott v Frontex
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a naval operation carried out by Frontex in the central Mediterranean in 2017 — Vessels deployed — Refusal of access — Article 4(1)(a) of Regulation No 1049/2001 — Exception relating to the protection of the public interest in the field of public security
Language of the case: English
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Judgment of the General Court (First Chamber) of 27 November 2019
ECLI:EU:T:2019:815 |
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Case T-323/16 Banco Cooperativo Español v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the 2016 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for adoption of the decision
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 28 November 2019
ECLI:EU:T:2019:822 |
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Case T-365/16 Portigon v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) — Decision of the SRB on 2016 ex-ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for the adoption of the decision – Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 28 November 2019
ECLI:EU:T:2019:824 |
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Joined Cases T-377/16, T-645/16 and T-809/16 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on 2016 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Procedure for the adoption of the decision – Obligation to state reasons – Limitation in time of the effects of the judgment
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 28 November 2019
ECLI:EU:T:2019:823 |
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Case T-592/18 Wywiał-Prząda v Commission
Civil service – Contract staff – Remuneration – Decision refusing to grant expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Work done for another State – Diplomatic status – Five-year reference period
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 28 November 2019
ECLI:EU:T:2019:820 |
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Information (on unpublished decisions)
Case T-361/18 APEDA v EUIPO – Burraq Travel & Tours General Tourism Office (SIR BASMATI RICE)
EU trade mark — Invalidity proceedings — EU figurative mark SIR BASMATI RICE — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 5 November 2019 ECLI:EU:T:2019:777 |
Case T-240/17 Campine and Campine Recycling v Commission
Competition — Agreements, decisions and concerted practices — Market for lead-acid car battery recycling — Decision finding an infringement of Article 101 TFEU — Fines — Value of purchases — Point 37 of the Guidelines on the method of setting fines — Obligation to state reasons — Rights of the defence — Evidence of the infringement — Concept of single or repeated infringement — Duration of the infringement — Interruption of participation in the infringement – Restriction of competition by object — Mitigating circumstances — Unlimited jurisdiction
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Judgment of the General Court (Eighth Chamber) of 7 November 2019 ECLI:EU:T:2019:778 |
Case T-431/18 WN v Parliament
Civil service — Accredited parliamentary assistants — Early termination of the contract — Breakdown in the relationship of trust — Rights of defence — Conciliation procedure — Manifest error of assessment — Discrimination on grounds of sex — Maternity leave — Duty to have regard for the welfare of officials
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Judgment of the General Court (Ninth Chamber) of 7 November 2019 ECLI:EU:T:2019:781 |
Case T-568/18 Local-e-motion v EUIPO – Volkswagen (WE)
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Judgment of the General Court (First Chamber) of 7 November 2019 ECLI:EU:T:2019:783 |
Case T-240/19 A9.com v EUIPO (Representation of a bell)
EU trade mark — Application for an EU figurative mark representing a bell — Absolute ground for refusal — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 7 November 2019 ECLI:EU:T:2019:779 |
Case T-317/19 R AMVAC Netherlands v Commission
Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance ethoprophos — Conditions for approval for placing the substance on the market — Application for suspension of operation — Lack of urgency
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Order of the President of the General Court of 7 November 2019 ECLI:EU:T:2019:833 |
Case T-525/19 RII Intering and Others v Commission
Interim measures — Programme entitled ‘EU Support to clean air in Kosovo’ — Tendering procedure EuropeAid/140043/DH/WKS/XK — Decision rejecting the suspension of operation of the decision to exclude an applicant from the further tendering procedure — New application for interim measures — Article 159 of the Rules of Procedure — Inadmissibility
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Order of the President of the General Court of 11 November 2019 ECLI:EU:T:2019:787 |
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Case T-158/19 Breyer v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents concerning the research project ‘iBorderCtrl: Intelligent Portable Control System’ — Partial refusal to grant access — Plea of inadmissibility — Incorrect designation of the defendant — Correction of the application — No need to adjudicate
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Order of the General Court (Second Chamber) of 12 November 2019 ECLI:EU:T:2019:791 |
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Case T-669/18 Neoperl v EUIPO (Representation of four filled-in holes in a regular hole pattern)
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Judgment of the General Court (Second Chamber) of 14 November 2019 ECLI:EU:T:2019:788 |
Case T-149/19 Société des produits Nestlé v EUIPO – Jumbo Africa (Representation of a human figure on an escutcheon)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing the shape of a human figure on an escutcheon — EU figurative mark representing the shape of a human figure — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Power to alter decisions
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Judgment of the General Court (Ninth Chamber) of 14 November 2019 ECLI:EU:T:2019:789 |
Case T-181/19 Dickmanns v EUIPO
Civil Service — Members of the temporary staff — Fixed-term contract with a termination clause — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of a competition — Purely confirmatory act — Time limit for complaints — Inadmissibility
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Order of the General Court (Sixth Chamber) of 18 November 2019 ECLI:EU:T:2019:796 (Appeal: Case before the Court of Justice C-63/20 P) |
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Case T-695/18 Werner v EUIPO – Merck (fLORAMED)
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Judgment of the General Court (Third Chamber) of 20 November 2019 ECLI:EU:T:2019:794 |
Case T-101/19 Rezon v EUIPO (imot.bg)
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Judgment of the General Court (Third Chamber) of 20 November 2019 ECLI:EU:T:2019:793 |
Case T-241/18 Bruno v Commission
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Judgment of the General Court (Second Chamber) of 21 November 2019 ECLI:EU:T:2019:799 |
Case T-527/18 K.A. Schmersal Holding v EUIPO – Tecnium (tec.nicum)
EU trade mark — Opposition proceedings — Application for EU figurative mark tec.nicum — Earlier national figurative mark TECNIUM — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation 2017/1001 — Form differing in elements which do not alter the distinctive character — Evidence submitted for the first time before the General Court
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Judgment of the General Court (First Chamber) of 21 November 2019 ECLI:EU:T:2019:798 |
Case T-618/18 ZI v Commission
Civil service — Officials — Cover by the Joint Sickness Insurance Scheme — Affiliation of the official’s spouse — No interest in bringing proceedings — Inadmissibility
Case T-287/16 RENV Belgium v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Belgium — Export refunds — No recovery resulting from negligence attributable to a body of a Member State — Non-exhaustion of all possible remedies — Proportionality
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Judgment of the General Court (Second Chamber) of 26 November 2019 ECLI:EU:T:2019:813 |
Case T-711/18 Wyld v EUIPO – Kaufland Warenhandel (wyld)
EU trade mark — Opposition proceedings — Application for EU word mark wyld — Earlier international word mark WILD CRISP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Rejection in part of the application for registration
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Judgment of the General Court (First Chamber) of 26 November 2019 ECLI:EU:T:2019:812 |
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Case T-642/18 August Wolff v EUIPO – Faes Farma (DermoFaes Atopimed)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopimed — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 28 November 2019 ECLI:EU:T:2019:819 |
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Case T-643/18 August Wolff v EUIPO – Faes Farma (DermoFaes)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 28 November 2019 ECLI:EU:T:2019:818 |
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Case T-644/18 August Wolff v EUIPO – Faes Farma (DermoFaes Atopiderm)
EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopiderm — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 28 November 2019 ECLI:EU:T:2019:817 |
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Case T-665/18 Soundio v EUIPO – Telefónica Germany (Vibble)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Vibble — Earlier German word mark vybe — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 28 November 2019 ECLI:EU:T:2019:825 |
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Case T-667/18 Pinto Teixeira v EEAS
Civil service — Rights and obligations of officials — Declaration of intention to engage in an occupational activity after leaving the service — Article 16 of the Staff Regulations — Risk of incompatibility with the legitimate interests of the institution — Deadline for responding to the declaration of intention — Implicit acceptance — Prohibition on engaging in an occupational activity after leaving the service — Non-material damage
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Judgment of the General Court (Seventh Chamber) of 28 November 2019 ECLI:EU:T:2019:821 |
Case T-726/18 Mélin v Parliament
Law governing the institutions — Rules governing expenses and allowances payable to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Obligation to state reasons — Failure to provide the annex to the decision ordering recovery
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Judgment of the General Court (Sixth Chamber) of 28 November 2019 ECLI:EU:T:2019:816 |
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Case T-736/18 Runnebaum Invest v EUIPO – Berg Toys Beheer (Bergsteiger)
EU trade mark — Opposition proceedings — Application for the EU word mark Bergsteiger — Earlier Benelux word marks and EU figurative and word marks BERG — Relative ground for refusal — Article 47(1) and (2) of Regulation (EU) 2017/1001 — Admissibility of a request for proof of genuine use — No likelihood of confusion — Article 8(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 November 2019 ECLI:EU:T:2019:826 |
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December 2019
Case T-607/15 Yieh United Steel v Commission
Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Implementing Regulation (EU) 2015/1429 — Article 2(3) and (5) of Regulation (EC) No 1225/2009 (now Article 2(3) and (5) of Regulation (EU) 2016/1036) — Article 2(1) and (2) of Regulation No 1225/2009 (now Article 2(1) and (2) of Regulation 2016/1036) — Calculation of the normal value — Calculation of the production cost — Sales of the like product intended for consumption on the domestic market of the exporting country
Language of the case: English
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Judgment of the General Court (Second Chamber) of 3 December 2019
ECLI:EU:T:2019:831 (Appeal: Case before the Court of Justice C-79/20 P) |
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Case T-808/17 Pethke v EUIPO
Civil service — Officials — Appraisal report — Lawfulness of appraisal procedures and appraisal appeal procedures — Requirement for the appeal assessor to be impartial
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 3 December 2019
ECLI:EU:T:2019:832 |
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Case T-66/19 Vlaamse Gemeenschap and Vlaams Gewest v Parliament and Council
Action for annulment — Internal market — Fundamental freedoms — Regulation (EU) 2018/1724 — Establishment of a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services — Sub-national authority — Standing to bring proceedings — Individual concern — Inadmissibility
Language of the case: Dutch
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Order of the General Court (Ninth Chamber) of 10 December 2019
ECLI:EU:T:2019:848 |
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Case T-527/16 Tàpias v Council
Civil service — Reform of the Staff Regulations and of the CEOS which entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of the application of the method for updating remuneration for 2013 and 2014
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 12 December 2019
ECLI:EU:T:2019:856 |
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Case T-683/18 Conte v EUIPO (CANNABIS STORE AMSTERDAM)
EU trade mark — Application for EU figurative mark CANNABIS STORE AMSTERDAM — Absolute ground for refusal — Trade mark contrary to public policy — Article 7(1)(f) of Regulation (EU) 2017/1001 — Article 7(2) of Regulation 2017/1001
Language of the case: Italian
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Judgment of the General Court (Seventh Chamber) of 12 December 2019
ECLI:EU:T:2019:855 |
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Case T-67/18 Probelte v Commission
Plant protection products — Active substance 8‑hydroxyquinoline — Request for amendment of the conditions of approval — Procedure for harmonised classification and labelling — Right to be heard — Legitimate expectations — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 19 December 2019
ECLI:EU:T:2019:873 |
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Case T-211/18 Vanda Pharmaceuticals v Commission
Medicinal products for human use — Application for marketing authorisation for the medicinal product Fanaptum — iloperidone — Commission refusal decision — Regulation (EC) No 726/2004 — Scientific evaluation of the risks and benefits of a medicinal product — Obligation to state reasons — Manifest error of assessment — Proportionality — Equal treatment
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 19 December 2019
ECLI:EU:T:2019:892 (Appeal: Case before the Court of Justice C-115/20 P) |
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Case T-501/18 Currency One v EUIPO – Cinkciarz.pl (CINKCIARZ)
EU trade mark – Invalidity proceedings – EU word mark CINKCIARZ – Absolute grounds for refusal – Distinctive character – No descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Pejorative term relating to the goods or services at issue
Language of the case: Polish
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Judgment of the General Court (First Chamber) of 19 December 2019
ECLI:EU:T:2019:879 (Appeal: Case before the Court of Justice C-101/20 P) |
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Case T-504/18 XG v Commission
Staff of a private company providing IT services within the institution – Refusal to grant access to the Commission’s premises – Competence of the author of the act
Language of the case: French
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Judgment of the General Court (First Chamber) of 19 December 2019
ECLI:EU:T:2019:883 |
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Case T-509/18 Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Applicable time periods between multiple visits by the national control authorities – Announcement of on-the-spot checks – Implied notice – Articles 25 and 26 of Implementing Regulation (EU) No 809/2014 – Flat-rate financial correction
Language of the case: Czech
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Judgment of the General Court (Seventh Chamber) of 19 December 2019
ECLI:EU:T:2019:876 |
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Case T-690/18 Sony Interactive Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark — Revocation proceedings — EU word mark Vita — Decision taken following the annulment by the General Court of an earlier decision — Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) — Res judicata
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 19 December 2019
ECLI:EU:T:2019:894 |
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Information (on unpublished decisions)
Case T-658/18 Hästens Sängar v EUIPO (Representation a chequered gingham pattern)
EU trade mark — International registration designating the European Union — Figurative mark representing a chequered gingham pattern — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 3 December 2019 ECLI:EU:T:2019:830 (Appeal: Case before the Court of Justice C-74/20 P) |
Case T-524/18 Billa v EUIPO – Boardriders IP Holdings (Billa)
EU trade mark — Opposition proceedings — Application for the EU word mark Billa — Earlier EU word marks BILLABONG — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Comparison of the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 4 December 2019 ECLI:EU:T:2019:838 (Appeal: Case before the Court of Justice C-61/20 P) |
Case T-29/19 Idea Groupe v EUIPO – The Logistical Approach (Idealogistic Verhoeven Greatest care in getting it there)
EU trade mark — Opposition proceedings — Application for EU figurative mark Idealogistic Verhoeven Greatest care in getting it there — Earlier national word marks idéa logistique, IDEA and groupe idea — Earlier national figurative mark iDÉA — International registrations designating the European Union — Earlier figurative mark iDÉA and earlier word mark IDEA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Use of a sign in the course of trade of more than mere local significance — Article 8(4) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 5 December 2019 ECLI:EU:T:2019:841 |
Case T-319/19 Gollnisch v Parliament
Action for annulment — Institutional law — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the voluntary additional pension scheme — Regulatory act — Deadline for bringing an action — Out of time — Act not open to challenge — Disregard of the procedural requirements — Inadmissibility
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Order of the General Court (Fifth Chamber) of 10 December 2019 ECLI:EU:T:2019:861 (Appeal: Case before the Court of Justice C-122/20 P) |
Case T-528/16 OS v Commission
Civil Service — Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of application of the method for updating remuneration for 2013 and 2014
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Judgment of the General Court (Eighth Chamber) of 12 December 2019 ECLI:EU:T:2019:858 |
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Case T-529/16 Feral v Comittee of the Regions
Civil Service — Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 — Regulation (EU, Euratom) No 1023/2013 — Solidarity levy applicable from 1 January 2014 — Suspension of application of the method for updating remuneration for 2013 and 2014
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Judgment of the General Court (Eighth Chamber) of 12 December 2019 ECLI:EU:T:2019:851 |
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Case T-648/18 Super bock group v EUIPO – Agus (Crystal)
EU trade mark — Opposition proceedings — Application for the EU word mark Crystal — Earlier national word mark CRISTAL — Relative ground for refusal — No similarity between the goods — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 12 December 2019 ECLI:EU:T:2019:857 |
Case T-692/18 Montanari v EEAS
Access to documents — Regulation (EC) No 1049/2001 — Ad hoc inspection report — Refusal of access — Article 4(1)(b) of Regulation No 1049/2001 — Exception relating to the protection of the privacy and integrity of the individual — Regulation (EC) No 45/2001 — Article 8(b) of Regulation No 45/2001 — Transfer of personal data — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the protection of the purpose of investigations — Article 4(3) of Regulation No 1049/2001 — Exception relating to the protection of the decision-making process — Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 12 December 2019 ECLI:EU:T:2019:850 |
Case T-747/18 Refan Bulgaria v EUIPO (Shape of a flower)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a flower — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Rights of the defence — Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 12 December 2019 ECLI:EU:T:2019:849 (Appeal: Case before the Court of Justice C-72/20 P) |
Case T-255/19 Baustoffwerke Gebhart & Söhne v EUIPO (BIOTON)
EU trade mark — Application for EU word mark BIOTON — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 12 December 2019 ECLI:EU:T:2019:853 |
Case T-266/19 gastivo portal v EUIPO – La Fourchette (Depiction of a fork on a green background)
EU trade mark — Opposition proceedings — Application for EU figurative mark depicting a fork on a green background — Earlier EU figurative mark gastivo — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 12 December 2019 ECLI:EU:T:2019:854 |
Case T-267/19 gastivo portal v EUIPO – La Fourchette (Depiction of a fork on a green background)
EU trade mark — Opposition proceedings — Application for EU figurative mark depicting a fork on a green background — Earlier EU figurative mark gastivo — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 12 December 2019 ECLI:EU:T:2019:852 |
Case T-619/19 R KF v SatCen
Decision to launch administrative investigation — Application for suspension of a decision — Application for interim measures — Inadmissibility — No urgency
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Order of the President of the General Court of 12 December 2019 ECLI:EU:T:2019:859 |
Case T-654/19 R FF v Commission
Interim relief — Law governing the institutions — Liability of the European Union — Photograph of a man used as a health warning — Action for damages — Application for interim measures — Necessity — Inadmissibility
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Order of the President of the General Court of 12 December 2019 ECLI:EU:T:2019:860 |
Case T-394/18 Kipper v Commission
Independent service provider for the Commission (free-lance) — Application for social benefits granted to officials in category B — Lack of jurisdiction
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Order of the General Court (Sixth Chamber) of 16 December 2019 ECLI:EU:T:2019:863 |
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Case T-21/18 Poland v Commission
EAGF and EAFRD — Expenditure excluded from financing — Fruit and vegetable sectors — Aid to producer groups — Expenditure incurred by Poland — Deficiencies in key and secondary controls — Verification of recognition plans and recognition criteria — Checks on applications for aid — Eligibility of producer groups — Economic consistency — Necessity and eligibility for financing — Reasonableness of the expenditure — Systemic deficiencies — Risk to EAGF — Corrective measures — Flat-rate corrections of 25%
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Judgment of the General Court (Sixth Chamber) of 17 December 2019 ECLI:EU:T:2019:865 |
Case T-756/18 AG v Europol
Action for annulment — Civil service — Decision (EU) 2015/1889 on the dissolution of the Europol pension fund — Failure to follow the pre-litigation procedure — Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 December 2019 ECLI:EU:T:2019:867 |
Case T-210/19 Società Agricola Tenuta di Rimale and Others v Commission
Action for annulment — Common agricultural policy — Binding rules relating to the regulation of the supply of cheese benefiting from a protected designation of origin — Refusal of the application for the adoption of implementing acts — Act not open to challenge — Inadmissibility
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Order of the General Court (Fifth Chamber) of 17 December 2019 ECLI:EU:T:2019:866 |
Case T-624/18 Gres de Aragón v EUIPO (GRES ARAGÓN)
EU trade mark — Application for the EU figurative mark GRES ARAGÓN — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — No descriptive character — Article 7(1)(c) of Regulation 2017/1001 — Obligation to state reasons — Error of law
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Judgment of the General Court (Third Chamber) of 18 December 2019 ECLI:EU:T:2019:868 |
Case T-763/18 Lazarus Szolgáltató és Kereskedelmi v Commission
Action for annulment — State aid — Allegedly unlawful aid implemented by Hungary in favour of undertakings employing disabled workers — Alleged Commission decisions declaring the aid measure compatible with the internal market — Time limit for bringing an action — Point from which time starts to run — Knowledge acquired — Proof — Duty of diligence — Act not open to challenge — Inadmissibility
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Order of the General Court (Tenth Chamber) of 18 December 2019 ECLI:EU:T:2019:886 (Appeal: Case before the Court of Justice C-85/20 P) |
Case T-812/14 RENV BPC Lux 2 and Others v Commission
State aid — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo — Creation and capitalisation of a bridge bank — Decision declaring the aid compatible with the internal market — Lack of standing — Inadmissibility
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:885 |
Case T-14/18 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Decoupled direct aid — Flat-rate financial correction — Article 52 of Regulation (EU) No 1306/2013 — Article 12 of Delegated Regulation (EU) No 907/2014 — Obligation to state reasons — Assessment of the damage — Proportionality
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Judgment of the General Court (Fourth Chamber) of 19 December 2019 ECLI:EU:T:2019:888 (Appeal: Case before the Court of Justice C-106/20 P) |
Case T-22/18 Bulgaria v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Bulgaria — Rural development — Quality of on-the-spot checks — Review of eligibility and selection criteria — Financial corrections — Ex post controls — Method for calculating financial corrections — Recurrence — Corrective measures — Conformity clearance procedure — Legal certainty — Principle of sound financial management — Proportionality
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:878 |
Case T-100/18 Wehrheim v ECB
Civil service — ECB staff — Remuneration — Expatriation allowance — Discontinuation — Liability — Material and non-material harm — Service-related fault
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:882 |
Case T-295/18 Greece v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Greece — Rural development — Decoupled direct aid — Key controls — Flat-rate financial corrections
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:880 (Appeal: Case before the Court of Justice C-107/20 P) |
Case T-383/18 Sta*Ware EDV Beratung v EUIPO – Accelerate IT Consulting (businessNavi)
EU trade mark — Revocation proceedings — EU figurative mark businessNavi — Genuine use of the mark — Partial revocation — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:877 |
Case T-457/18 Zotkov v Commission
Civil Service — Contractual agents — Remuneration — Family benefits — Request to treat a person as a dependent child — Conditions of grant — Factors to take into account in the calculation of maintenance expenditure — Error in law
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Judgment of the General Court (Ninth Chamber) of 19 December 2019 ECLI:EU:T:2019:875 |
Case T-589/18 Vins el Cep v EUIPO – Rotkäppchen-Mumm Sektkellereien (MIM NATURA)
EU trade mark — Opposition proceedings — Application for the EU figurative mark MIM NATURA — Earlier international word and figurative registrations MM and MM and earlier national word mark MUMM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 19 December 2019 ECLI:EU:T:2019:887 |
Case T-647/18 ZQ v Commission
Civil service — Officials — Psychological harassment — Article 12a of the Staff Regulations — Request for assistance — Article 24 of the Staff Regulations — Rejection of the request — Reasonable time — Absence of prima facie evidence — Obligation to state reasons — Liability
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Judgment of the General Court (First Chamber) of 19 December 2019 ECLI:EU:T:2019:884 |
Case T-729/18 El Corte Inglés v EUIPO – Lloyd Shoes (LLOYD)
EU trade mark — Opposition proceedings — Application for the EU figurative mark LLOYD — Earlier EU figurative mark LLOYD’S — Relative ground for refusal — No likelihood of confusion — No similarity between the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fourth Chamber) of 19 December 2019 ECLI:EU:T:2019:889 |
Case T-743/18 Japan Tobacco v EUIPO – I.J. Tobacco Industry (I.J. TOBACCO INDUSTRY)
EU trade mark — Opposition proceedings — Application for the EU figurative mark I.J. TOBACCO INDUSTRY — Earlier EU figurative mark JTi — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 19 December 2019 ECLI:EU:T:2019:872 |
Case T-28/19 Karlovarské minerální vody v EUIPO – Aguas de San Martín de Veri (VERITEA)
EU trade mark — Opposition proceedings — Application for the EU word mark VERITEA — Earlier EU word mark VERI — AGUA PURA DEL PIRINEO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 19 December 2019 ECLI:EU:T:2019:870 |
Case T-40/19 Amigüitos pets & life v EUIPO – Société des produits Nestlé (THE ONLY ONE by alphaspirit wild and perfect)
EU trade mark — Opposition proceedings — Application for the EU figurative mark THE ONLY ONE by alphaspirit wild and perfect — Earlier EU word mark ONE — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Article 8(5) of Regulation 2017/1001
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Judgment of the General Court (Fourth Chamber) of 19 December 2019 ECLI:EU:T:2019:890 (Appeal: Case before the Court of Justice C-97/20 P) |
Case T-54/19 Nosio v EUIPO (BIANCOFINO)
EU trade mark — Application for EU word mark BIANCOFINO — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 19 December 2019 ECLI:EU:T:2019:893 |
Case T-69/19 Südwestdeutsche Salzwerke v EUIPO (Bad Reichenhaller Alpensaline)
EU trade mark — Application for EU figurative mark Bad Reichenhaller Alpensaline — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 19 December 2019 ECLI:EU:T:2019:895 |
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Case T-175/19 Vereinigung der Bayerischen Wirtschaft v EUIPO (eVoter)
EU trade mark — Application for EU word mark eVoter — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 19 December 2019 ECLI:EU:T:2019:874 |
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Case T-270/19 Amazon Technologies v EUIPO (ring)
EU trade mark — International registration designating the European Union — Figurative mark ring — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 19 December 2019 ECLI:EU:T:2019:871 |
Case T-360/19 Jalkh v Parliament
Action for annulment — Institutional law — European Parliament legislative resolution — Act not open to challenge — Preparatory act — Inadmissibility
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Order of the General Court (Sixth Chamber) of 19 December 2019 ECLI:EU:T:2019:899 |
Case T-154/19 ZU v EEAS
Action for annulment — Civil service — Officials — Mission expenses — Act not open to challenge — Act not adversely affecting an official — Irregular nature of the pre-litigation procedure — Premature action — Inadmissibility
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Order of the General Court (Seventh Chamber) of 20 December 2019 ECLI:EU:T:2019:901 |
Case T-297/19 Dragomir v Commission
Non-contractual liability — Rule of law — Independence of the judiciary — Right to a fair trial — Protection of personal data — Failure by the Commission to adopt measures to ensure that Romania fulfils its obligations — Sufficiently serious breach of a rule of law conferring rights on individuals — Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 20 December 2019 ECLI:EU:T:2019:902 |
January 2020
Case T-257/18 Iberpotash v Commission
State aid — Mining sector — Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection — Decision declaring aid partly incompatible with the internal market and ordering its recovery — Concept of ‘aid’ — Advantage — Transfer of State resources — Selective nature — Legitimate expectations — Legal certainty — Calculation of the amount of the aid
Language of the case: English
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Judgment of the General Court (Second Chamber) of 16 January 2020
ECLI:EU:T:2020:1 |
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Case T-751/18 Daimler v Commission
Action for annulment — Withdrawal of certified CO2 savings — Eco-innovations scheme — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Act not open to challenge — Preparatory measure — Inadmissibility
Language of the case: German
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Order of the General Court (Second Chamber) of 22 January 2020
ECLI:EU:T:2020:5 |
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Case T-402/18 Aquino and Others v Parliament
Civil service – Strike action by interpreters – Measures for the requisition of interpreters adopted by the European Parliament – No legal basis – Liability – Non-material damage
Language of the case: French
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 29 January 2020
ECLI:EU:T:2020:13 |
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Case T-292/18 Portugal v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Portugal – Articles 32 and 33 of Regulation (EC) No 1290/2005 – Article 54 of Regulation (EU) No 1306/2013 – Concept of ‘national court’
Language of the case: Portuguese
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Judgment of the General Court (Fifth Chamber) of 30 January 2020
ECLI:EU:T:2020:18 |
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Case T-293/18 Latvia v Commission
Action for annulment — Common fisheries policy — Treaty of Paris on the archipelago of Spitsbergen (Norway) — Fishing opportunities for snow crab around the area of Svalbard (Norway) — Regulation (EU) 2017/127 — EU‑registered vessels authorised to fish — Detention of a Latvian vessel — Article 265 TFEU — Invitation to act — Adoption of a position by the Commission — Measure not producing binding legal effects — Inadmissibility
Language of the case: Latvian
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Order of the General Court (Fourth Chamber) of 30 January 2020
ECLI:EU:T:2020:29 |
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Case T-598/18 Grupo Textil Brownie v EUIPO – The Guide Association (BROWNIE)
EU trade mark — Opposition proceedings — Application for EU word mark BROWNIE — Earlier national word marks BROWNIES, BROWNIE, Brownies and Brownie — 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) — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Third Chamber) of 30 January 2020
ECLI:EU:T:2020:22 |
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Information (on unpublished decisions)
Case T-128/19 Hemp Foods Australia v EUIPO – Cabrejos (Sativa)
Action for annulment — EU trade mark — International registration designating the European Union — No recording of the change in ownership in the international register — No locus standi — Inadmissibility
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Order of the General Court (Sixth Chamber) of 16 January 2020 ECLI:EU:T:2020:3 |
Case T-161/19 Deutsche Telekom v Parliament and Council
Action for annulment — Internal market for electronic communications — Retail price charged to consumers for regulated intra-EU communications — Regulation (EU) 2018/1971 — Legislative act — Applicant not individually concerned — Inadmissibility
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Order of the General Court (First Chamber) of 21 January 2020 ECLI:EU:T:2020:6 |
Case T-162/19 Telefónica and Telefónica de España v Parliament and Council
Action for annulment — Internal market for electronic communications — Retail price charged to consumers for regulated intra-EU communications — Regulation (EU) 2018/1971 — Legislative act — Applicants not individually concerned — Inadmissibility
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Order of the General Court (First Chamber) of 21 January 2020 ECLI:EU:T:2020:7 |
Case T-19/18 Lithuania v Commission
EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Lithuania — One-off and flat-rate financial corrections — Rural development — Cross-compliance control system — Administrative control — On-the-spot check — Quality of the checks — Quality of the applicants — Artificial conditions — Reasonableness of the costs — Expenditure incurred through projects — Risk analysis — Risk factors — Tolerance regarding penalties which is not provided for under EU legislation — Assessment and penalty system which is too lenient — Annual statistical control data
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Judgment of the General Court (Second Chamber) of 22 January 2020 ECLI:EU:T:2020:4 (Appeal: Case before the Court of Justice C-153/20 P) |
Case T-388/18 WV v EEAS
Action for annulment — Civil service — Officials — Article 24 of the Staff Regulations — Request for assistance — Rejection of request — Article 90(1) and (2) of the Staff Regulations — Out of time — Excusable error — Inadmissible
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Order of the General Court (Fourth Chamber) of 29 January 2020 ECLI:EU:T:2020:27 (Appeal: Case before the Court of Justice C-172/20 P) |
Case T-471/18 WV v EEAS
Action for annulment — Civil service — Civil servants — Salary deductions — Unauthorised absences — Article 76(d) of the Rules of Procedure — Failure to comply with formal requirements — Action in part manifestly inadmissible and in part manifestly unfounded in law
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Order of the General Court (Fourth Chamber) of 29 January 2020 ECLI:EU:T:2020:26 (Appeal: Case before the Court of Justice C-162/20 P) |
Case T-697/18 Aldi v EUIPO – Titlbach (ALTISPORT)
EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALTISPORT — Earlier international and EU word marks ALDI — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001 — Comparison of the goods and services — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 29 January 2020 ECLI:EU:T:2020:14 |
Case T-42/19 Volkswagen v EUIPO (CROSS)
EU trade mark — Application for EU word mark CROSS — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Equal treatment — Obligation to state reasons — Article 94(1)of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 29 January 2020 ECLI:EU:T:2020:15 |
Case T-43/19 WV v EEAS
Action for compensation — Civil service — Civil servants — Out of time — Inadmissibility
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Order of the General Court (Fourth Chamber) of 29 January 2020 ECLI:EU:T:2020:25 (Appeal: Case before the Court of Justice C-171/20 P) |
Case T-239/19 Vinos de Arganza v EUIPO – Nordbrand Nordhausen (ENCANTO)
EU trade mark — Opposition proceedings — Application for EU figurative mark ENCANTO — Earlier national word mark BELCANTO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 29 January 2020 ECLI:EU:T:2020:12 |
Case T-541/19 Shindler and Others v Council
Action for failure to act — Law governing the institutions — Withdrawal of the United Kingdom from the European Union — UK citizens residing in another EU Member State — 2019 European elections — Application for postponement of the European elections — Lack of standing to bring proceedings — Inadmissibility
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Order of the General Court (Tenth Chamber) of 29 January 2020 ECLI:EU:T:2020:28 (Appeal: Case before the Court of Justice C-158/20 P) |
Case T-808/19 R Silgan International and Silgan Closures v Commission
Interim measures — Competition — Request for information — Article 18(3) of Regulation (EC) No 1/2003 — Application for suspension of operation — No urgency
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Order of the President of the General Court of 29 January 2020 ECLI:EU:T:2020:16 |
Joined Cases T-786/16 and T-224/18 PV v Commission
Civil service — Civil servants — Psychological harassment — Bundle of decisions adopted by the Commission adversely affecting the applicant — Applications for assistance — Disciplinary procedure — Revocation — Withdrawal of the revocation — New disciplinary procedure — Fresh revocation
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Judgment of the General Court (Fifth Chamber) of 30 January 2020 ECLI:EU:T:2020:17 (Appeal: Case before the Court of Justice C-640/20 P) |
Case T-168/17 CBA Spielapparate- und Restaurantbetrieb v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the administrative procedure concerning alleged State aid implemented by the Austrian authorities in favour to concession holders pursuant to the law on gaming — Refusal to grant access — Plea relating to the protection of the purpose of inspections, investigations and audits — Overriding public interest — Obligation to state reasons — Plea of illegality
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Judgment of the General Court (Fifth Chamber) of 30 January 2020 ECLI:EU:T:2020:20 |
Case T-336/19 BZ v Commission
Civil service — Contract staff — Dismissal for obviously inadequate work — Proportionality — Article 84 of the Conditions of Employment of Other Servants — Liability
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Judgment of the General Court (Fifth Chamber) of 30 January 2020 ECLI:EU:T:2020:21 |
Case T-559/19 Julius Sämann v EUIPO – Maharishi Vedic University (Representation of a tree)
EU trade mark — Opposition proceedings — Application for an EU figurative mark representing a tree — Earlier EU and international figurative marks representing an ‘arbre magique’ (magic tree) — Relative grounds for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — No damage to reputation — Article 8(5) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 30 January 2020 ECLI:EU:T:2020:19 |
Case T-6/19 Irish Wind Farmers' Association and Others v Commission
Action for annulment — State aid — Tax advantages granted by Ireland to fossil fuel producers — Letter from the Commission — Act not open to challenge — Inadmissibility
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Order of the General Court (First Chamber) of 31 January 2020 ECLI:EU:T:2020:30 |
Case T-627/19 R Shindler and Others v Commission
Interim measures — Area of freedom, security and justice — Withdrawal of the United Kingdom from the European Union — UK citizens residing in another EU Member State — Loss of EU citizenship — Action for failure to act — Inadmissibility of the application for interim measures
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Order of the President of the General Court of 31 January 2020 ECLI:EU:T:2020:23 |
February 2020
Case T-573/18 Hickies v EUIPO (Shape of a shoe lace)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a shoe lace — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Protection of a right relating to an earlier design — Evidence submitted for the first time before the Court
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 5 February 2020 (Extracts)
ECLI:EU:T:2020:32 |
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Case T-485/18 Compañía de Tranvías de la Coruña v Commission
Access to documents — Regulation (EC) No 1049/2001 — Commission documents relating to the interpretation of a provision of EU law — Documents originating from a third party — Documents originating from a Member State — Regulation (EC) No 1370/2007 — Partial refusal to grant access — Total refusal to grant access — Obligation to state reasons — Exception relating to the protection of court proceedings — Overriding public interest
Language of the case: English
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Judgment of the General Court (Third Chamber) of 6 February 2020
ECLI:EU:T:2020:35 |
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Case T-163/18 Amisi Kumba v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 (Extracts)
ECLI:EU:T:2020:57 |
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Case T-170/18 Kande Mupompa v Council
Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Continued inclusion of the applicant’s name on the list of persons covered — Obligation to state reasons — Rights of the defence — Obligation on the Council to disclose new evidence justifying the renewal of restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality — Modification of the form of order sought
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 (Extracts)
ECLI:EU:T:2020:60 |
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Case T-605/18 ZF v Commission
Civil service – Members of the temporary staff – Pension – Decision determining pension rights – Pension statements – Action for annulment – Time limit for lodging a complaint – Delay – Purely confirmatory act – Partial inadmissibility – Recovery of undue payments – Classification in grade and step – Multiplication factor – Withdrawal of an unlawful act – Legitimate expectation – Reasonable time
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 February 2020
ECLI:EU:T:2020:51 |
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Information (on unpublished decisions)
Case T-44/19 Globalia Corporación Empresarial v EUIPO – Touring Club Italiano (TC Touring Club)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TC Touring Club — Earlier EU word mark TOURING CLUB ITALIANO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) of Regulation 2017/1001 — Additional evidence that was submitted for the first time before the Board of Appeal — Article 95(2) of Regulation 2017/1001 — Cross-claim
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Judgment of the General Court (Second Chamber) of 5 February 2020 ECLI:EU:T:2020:31 |
Case T-331/19 Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 5 February 2020 ECLI:EU:T:2020:33 |
Case T-332/19 Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 5 February 2020 ECLI:EU:T:2020:34 |
Case T-135/19 Corporació Catalana de Mitjans Audiovisuals v EUIPO – Dalmat (LaTV3D)
EU trade mark — Opposition proceedings — Application for EU word mark LaTV3D — Earlier national word mark TV3 — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Distinctive character — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 6 February 2020 ECLI:EU:T:2020:36 |
Case T-214/19 Fleximed v EUIPO – docPrice (Fleximed)
EU trade mark — Invalidity proceedings — EU word mark Fleximed — Earlier EU word mark mediFLEX — Relative grounds for refusal — Likelihood of confusion — Article 8(1) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 7 February 2020 ECLI:EU:T:2020:40 |
Case T-797/19 R Anglo Austrian AAB Bank and Belegging-Maatschappij 'Far-East' v ECB
Interim measures — Regulation (EU) No 1024/2013 — Prudential supervision of credit institutions — Decision to withdraw authorisation as a credit institution — Lack of urgency
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Order of the President of the General Court of 7 February 2020 ECLI:EU:T:2020:37 (Appeal: Case before the Court of Justice C-114/20 P(R)) |
Case T-487/18 Stada Arzneimittel v EUIPO (ViruProtect)
EU trade mark — Application for EU word mark ViruProtect — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Duty to state reasons
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Judgment of the General Court (Second Chamber) of 11 February 2020 ECLI:EU:T:2020:44 (Appeal: Case before the Court of Justice C-174/20 P) |
Case T-732/18 Dalasa v EUIPO – Charité – Universitätsmedizin Berlin (charantea)
EU trade mark — Opposition proceedings — Application for EU word mark charantea — Earlier EU figurative mark CHARITÉ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 11 February 2020 ECLI:EU:T:2020:43 |
Case T-733/18 Dalasa v EUIPO – Charité – Universitätsmedizin Berlin (charantea)
EU trade mark — Opposition proceedings — Application for EU figurative mark charantea — Earlier EU figurative mark CHARITÉ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 11 February 2020 ECLI:EU:T:2020:42 |
Case T-262/19 Jakober v EUIPO (Shape of a cup)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a cup — Inadmissibility of the appeal before the Board of Appeal
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Judgment of the General Court (Tenth Chamber) of 11 February 2020 ECLI:EU:T:2020:41 |
Case T-164/18 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:54 |
Case T-165/18 Kahimbi Kasagwe v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:52 |
Case T-166/18 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:50 |
Case T-167/18 Kanyama v Council
Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:49 |
Case T-168/18 Numbi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:47 |
Case T-169/18 Kibelisa Ngambasai v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:58 |
Case T-171/18 Boshab v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:55 |
Case T-172/18 Akili Mundos v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons covered by restrictive measures adopted autonomously by the Union – First listing of applicant’s name on the list of persons covered by the Sanctions Committee of the United Nations Security Council – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:53 |
Case T-173/18 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:48 |
Case T-174/18 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:63 |
Case T-175/18 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:62 |
Case T-176/18 Mende Omalanga v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Right to property – Right to respect for private and family life – Proportionality – Presumption of innocence – Plea of illegality – Modification of the forms of order sought
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:61 |
Case T-177/18 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Renewal of the listing of the applicant’s name on the list of persons concerned – Obligation to state reasons – Rights of the defence – Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures – Error of law – Manifest error of assessment – Proportionality – Article 76(d) of the Rules of Procedure – Plea of illegality
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 12 February 2020 ECLI:EU:T:2020:59 |
Case T-320/18 WD v EFSA
Civil service — Temporary agents — Fixed term contract — Decision not to reclassify — Lack of staff reports — Carrying forward reclassification points — Manifest error of assessment — Non-renewal decision — Duty of care — Manifest error of assessment — Misuse of power — Principle of the protection of legitimate expectations — Duty to state reasons — Right to a hearing — Liability
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Judgment of the General Court (Seventh Chamber) of 12 February 2020 ECLI:EU:T:2020:45 (Appeal: Case before the Court of Justice C-167/20 P) |
Case T-505/18 Hungary v Commission
EAGF and EAFRD — Expenditure excluded from financing — Support for rural development — Support granted to producer groups — Expenditure incurred by Hungary — Article 35 of Regulation (EC) No 1698/2005 — Qualified recognition — Eligibility of the beneficiary of the aid — Calculated financial correction — Article 52(2) of Regulation (EU) No 1306/2013 — Sincere cooperation — Protection of legitimate expectations — Proportionality — Legal certainty — Ineligible amounts
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Judgment of the General Court (Ninth Chamber) of 12 February 2020 ECLI:EU:T:2020:56 (Appeal: Case before the Court of Justice C-185/20 P) |
Case T-236/19 Le Comité de Douzelage de Houffalize v Commission and EACEA
Action for annulment – Europe for Citizens Programme (2014-2020) – Call for applications ‘Town Twinning 2017, second deadline’ (EACEA 36/2014) – Decision of the EACEA rejecting the applicant’s application for failure to meet the eligibility criteria – Commission’s decision rejecting the administrative action relating to the EACEA’s decision – Application submitted by a de facto association – Capacity to be party to legal proceedings – No evidence of legal existence – Inadmissibility
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Order of the General Court (Seventh Chamber) of 12 March 2020 ECLI:EU:T:2020:112 |
Case T-248/19 Bilde v Parliament
Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Manifest error of assessment — Electa una via — Principle of ne bis in idem — Misuse of powers
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Judgment of the General Court (Sixth Chamber) of 12 February 2020 ECLI:EU:T:2020:46 |
Case T-326/19 R Gerber v Parliament and Council
Interim measures — EU customs territory — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Application for interim measures — Manifest inadmissibility of the main action — Inadmissibility
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Order of the President of the General Court of 12 February 2020 ECLI:EU:T:2020:64 |
Case T-387/18 Delta-Sport v EUIPO – Delta Enterprise (DELTA SPORT)
EU trade mark — Opposition proceedings — Application for EU figurative mark DELTA SPORT — Earlier Spanish word mark COLCHON DELTA — Earlier EU figurative mark DELTA — Relative ground for refusal — Similarity of the goods — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 13 February 2020 ECLI:EU:T:2020:65 |
Case T-8/19 Repsol v EUIPO (INVENTEMOS EL FUTURO)
EU trade mark — Application for EU word mark INVENTEMOS EL FUTURO — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 13 February 2020 ECLI:EU:T:2020:66 |
Case T-658/19 R Vizzone v Commission
Application for interim relief — Application for interim measures — Disregard of the procedural requirements — Manifest inadmissibility
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Order of the President of the General Court of 14 February 2020 ECLI:EU:T:2020:71 |
Case T-159/19 Bog-Fran v EUIPO – Fabryki Mebli "Forte" (Furniture)
Community design — Invalidity proceedings — Registered Community design representing an item of furniture — Ground for invalidity — No individual character — Disclosure of the earlier design — Proof of disclosure — Article 7 and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Fifth Chamber) of 27 February 2020 ECLI:EU:T:2020:77 (Appeal: Case before the Court of Justice C-183/20 P) |
Case T-202/19 Knaus Tabbert v EUIPO – Carado (CaraTour)
European Union trade mark — Opposition proceedings — Application for European Union word mark CaraTour — Earlier European Union word mark Carado — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 27 February 2020 ECLI:EU:T:2020:75 |
Case T-203/19 Knaus Tabbert v EUIPO – Carado (CaraTwo)
European Union trade mark — Opposition proceedings — Application for European Union word mark CaraTwo — Earlier European Union word mark Carado — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 27 February 2020 ECLI:EU:T:2020:76 |
March 2020
Joined Cases T-111/14 DEP to T-118/14 DEP Unitec Bio and Others v Council
Procedure — Taxation of costs — Recoverable costs
Language of the case: English
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Order of the General Court (Third Chamber) of 10 March 2020
ECLI:EU:T:2020:99 |
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Case T-251/18 IFSUA v Council
Fisheries — Conservation of marine biological resources — Regulation (EU) 2018/120 — Measures concerning the fishing for European seabass (Dicentrarchus labrax) — Action for annulment brought by an association — Article 263 TFEU — Regulatory act not entailing implementing measures — Direct concern of the members of the association — Admissibility — Competence of the European Union to regulate recreational fisheries — Legal certainty — Protection of legitimate expectations — Equal treatment — Principle of non-discrimination — Proportionality — Precautionary principle — Freedom of association and freedom to conduct a business
Language of the case: Spanish
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Judgment of the General Court (First Chamber) of 10 March 2020
ECLI:EU:T:2020:89 |
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Case T-732/16 Valencia Club de Fútbol v Commission
State aid – Aid granted by Spain to certain professional football clubs – Guarantee – Decision declaring the aid to be incompatible with the internal market – Advantage – Firm in difficulty – Private investor test – Guidelines on State aid for rescuing and restructuring firms in difficulty – Amount of the aid – Recipient of the aid – Principle of non-discrimination – Duty to state reasons
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 12 March 2020
ECLI:EU:T:2020:98 (Appeal: Case before the Court of Justice C-211/20 P) |
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Case T-901/16 Elche Club de Fútbol v Commission
State aid — Aid granted by Spain in favour of certain professional football clubs — Guarantee — Decision declaring the aid incompatible with the internal market — Indirect beneficiary — Whether imputable to the State — Advantage — Private investor test
Language of the case: Spanish
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Judgment of the General Court (Fourth Chamber) of 12 March 2020
ECLI:EU:T:2020:97 |
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Case T-835/17 Eurofer v Commission
Dumping – Imports of hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia, Serbia and Ukraine – Termination of the proceedings against imports originating in Serbia – Determination of injury – Cumulative assessment of the effects of imports from more than one country – Article 3(4) of Regulation (EU) 2016/1036 – Termination without measures – Article 9(2) of Regulation 2016/1036 – Final disclosure of the essential facts and considerations on the basis of which it is intended to recommend the imposition of definitive measures or the termination of an investigation or proceedings without the imposition of measures – Article 20(2) of Regulation 2016/1036
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 12 March 2020
ECLI:EU:T:2020:96 (Appeal: Case before the Court of Justice C-226/20 P) |
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Case T-547/18 Teeäär v ECB
Civil service — ECB Staff — Programme of support for transition to a career outside the ECB — Rejection of an application to take part in that programme — Eligibility conditions — Different lengths of service required depending on whether a member of staff is in a single salary band or a salary broadband — Allocation to a salary band on the basis of the type of employment — Equal treatment — Proportionality — Manifest error of assessment
Language of the case: English
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Judgment of the General Court (First Chamber) of 26 March 2020
ECLI:EU:T:2020:119 |
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Case T-646/18 Bonnafous v Commission
Access to documents – Regulation (EC) No 1049/2001 – Audit report on human resources in the EACEA – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits
Language of the case: French
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Judgment of the General Court (First Chamber) of 26 March 2020
ECLI:EU:T:2020:120 |
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Information (on unpublished decisions)
Case T-24/20 R Junqueras i Vies v Parliament
Interim measures — Institutional law — Members of the Parliament — Expiry of mandate — Parliamentary immunity — Application for interim measures — Partial inadmissibility — No prima facie case
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Order of the General Court of 3 March 2020 ECLI:EU:T:2020:78 (Appeal: Case before the Court of Justice C-201/20 P(R)) |
Case T-688/18 Exploitatiemaatschappij De Berghaaf v EUIPO – Brigade Electronics Group (CORNEREYE)
EU trade mark — Opposition proceedings — Application for EU word mark CORNEREYE — Earlier EU word mark BACKEYE — Relative ground for refusal — Likelihood of confusion — Enhanced distinctiveness of the earlier mark acquired through use — Evidence — Article 8(1)(b) of Regulation (EU) 2017/1001 — Examination of the facts by EUIPO of its own motion — Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 5 March 2020 ECLI:EU:T:2020:80 |
Case T-80/19 Dekoback v EUIPO – DecoPac (DECOPAC)
EU trade mark — Revocation proceedings — EU word mark DECOPAC — Genuine use of the mark — Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) — Evidence — Second sentence of Article 75 of Regulation No 207/2009 (now second sentence of Article 94(1) of Regulation 2017/1001) — Right to be heard
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Judgment of the General Court (Tenth Chamber) of 5 March 2020 ECLI:EU:T:2020:81 (Appeal: Case before the Court of Justice C-193/20 P) |
Case T-795/19 R HB v Commission
Application for interim measures — Public service contracts — Irregularities in the contract award procedure — Recovery of sums already paid — Debit note — Application for suspension of operation — No urgency
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Order of the President of the General Court of 5 March 2020 ECLI:EU:T:2020:88 |
Case T-796/19 R HB v Commission
Application for interim measures — Public service contracts — Irregularities in the contract award procedure — Recovery of sums already paid — Debit note — Application for suspension of operation — No urgency
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Order of the President of the General Court of 5 March 2020 ECLI:EU:T:2020:82 |
Case T-612/19 R Aceto Agricultural Chemicals v Commission
Application for interim relief – Plant protection products – Non-renewal of approval of the active substance chlorpropham – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 11 March 2020 ECLI:EU:T:2020:102 |
Case T-215/18 QB v ECB
Civil service – ECB staff – Appraisal exercise – Appraisal report for 2016 – Author of the appraisal report – Manifest error of assessment – Sick leave – Redeployment – Remuneration – Decision not to award a salary increase – Competence of the author of an act adversely affecting a party – Liability
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Judgment of the General Court (Ninth Chamber) of 12 March 2020 ECLI:EU:T:2020:92 |
Case T-484/18 XB v ECB
Civil service — ECB staff — Remuneration — Household allowance — Dependent child allowance — Education and pre-school allowances — Eligibility — Rejection of applications for those allowances — Conditions of Short-Term Employment — Conditions and rules applicable to short-term employment contracts
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Judgment of the General Court (Second Chamber) of 12 March 2020 ECLI:EU:T:2020:90 |
Case T-531/18 LL-Carpenter v Commission
Competition — Agreements, decisions and concerted practices — Motor vehicle market in the Czech Republic — Decision rejecting a complaint — Article 7 of Regulation (EC) No 773/2004 — Article 13(2) of Regulation (EC) No 1/2003 — Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 12 March 2020 ECLI:EU:T:2020:91 |
Case T-85/19 Gwo Chyang Biotech v EUIPO – Norma (KinGirls)
EU trade mark — Opposition proceedings — Application for the EU figurative mark KinGirls — Earlier German word mark King — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 12 March 2020 ECLI:EU:T:2020:100 |
Case T-296/19 Sumol + Compal Marcas v EUIPO – Heretat Mont-Rubi (SUM011)
EU trade mark — Opposition proceedings — Application for EU word mark SUM011 — Earlier EU figurative mark Sumol and earlier national word mark SUMOL — Relative ground for refusal — No likelihood of confusion — No similarity of the goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 12 March 2020 ECLI:EU:T:2020:93 |
Case T-321/19 Maternus v EUIPO – adp Gauselmann (Jokers WILD Casino)
EU trade mark — Revocation proceedings — EU figurative mark Jokers WILD Casino — Obligation to state reasons — First sentence of Article 94(1) of Regulation (EU) 2017/1001 — No genuine use of the trade mark — Article 58(1)(a) of Regulation 2017/1001
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Judgment of the General Court (Seventh Chamber) of 12 March 2020 ECLI:EU:T:2020:101 |
Case T-352/19 Gamma-A v EUIPO – Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)
Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Fifth Chamber) of 12 March 2020 ECLI:EU:T:2020:94 (Appeal: Case before the Court of Justice C-199/20 P) |
Case T-353/19 Gamma-A v EUIPO – Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)
Community design — Invalidity proceedings — Registered Community design representing packaging for foodstuffs — Earlier design — Proof of disclosure — Article 7 of Regulation (EC) No 6/2002 — Ground for invalidity — No individual character — No different overall impression — Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Fifth Chamber) of 12 March 2020 ECLI:EU:T:2020:95 (Appeal: Case before the Court of Justice C-200/20 P) |
Case T-183/19 Jalkh v Parliament
Action for annulment — Institutional law — Amendments to the European Parliament’s Rules of Procedure — Major interpellations — Failure to comply with formal requirements — Article 76(d) of the Rules of Procedure — Locus standi — Lack of direct concern — Lack of individual concern — Regulatory act — Implementing measures — Inadmissibility
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Order of the General Court (Sixth Chamber) of 13 March 2020 ECLI:EU:T:2020:111 |
Case T-278/19 Aurora v CPVO – SESVanderhave (M 02205)
Action for annulment — Plant varieties — Nullity proceedings — Sugar beet variety M 02205 — Decision to remit the case to the competent body of the CPVO for further action — Article 72 of Regulation (EC) No 2100/94 — No interest in bringing proceedings — Power to alter decisions — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 13 March 2020 ECLI:EU:T:2020:113 |
Case T-597/19 R Helsingin kaupunki v Commission
Application for interim measures — State aid — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 13 March 2020 ECLI:EU:T:2020:109 |
Case T-603/19 R Helsingin Bussiliikenne v Commission
Application for interim measures — State aid — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 13 March 2020 ECLI:EU:T:2020:110 |
Case T-20/20 R Intertranslations (Intertransleïsions) Metafraseis v Parliament
Application for interim relief — Public supply contracts — Application for interim measures — No urgency
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Order of the President of the General Court of 13 March 2020 ECLI:EU:T:2020:108 |
Case T-388/19 R-RENV Puigdemont i Casamajó and Comín i Oliveres v Parliament
Application for interim measures — European Parliament — Recognition of the applicants as Members of the European Parliament — No longer any legal interest in pursuing proceedings — No need to adjudicate
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Order of the President of the General Court of 19 March 2020 ECLI:EU:T:2020:114 |
Case T-280/19 Highgate Capital Management v Commission
Action for annulment — State aid — Complaint — Measure not open to challenge — Inadmissibility
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Order of the General Court (Ninth Chamber) of 23 March 2020 ECLI:EU:T:2020:117 |
Case T-129/19 Necci v Commission
Action for annulment — Civil service — Contract staff — Social security — JSIS — Rejection of the application for membership — Out of time — Substantial new fact — Inadmissibility
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Order of the General Court (Fourth Chamber) of 25 March 2020 ECLI:EU:T:2020:131 (Appeal: Case before the Court of Justice C-202/20 P) |
Case T-507/19 Lucaccioni v Commission
Action for annulment — Civil service — Preparatory act — Action for compensation — Action closely related to the action for annulment — Failure to follow the pre-litigation procedure — Inadmissibility
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Order of the General Court (Fourth Chamber) of 25 March 2020 ECLI:EU:T:2020:118 |
Case T-734/17 ViaSat v Commission
Access to documents — Regulation (EC) No 1049/2001 — Mobile satellite system operator — Documents provided to the Commission by a candidate selected in a call for tenders — Implied and express refusal of access — Exception relating to the protection of the commercial interests of a third party — Overriding public interest — Refusal of partial access
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Judgment of the General Court (Second Chamber) of 26 March 2020 ECLI:EU:T:2020:123 (Appeal: Case before the Court of Justice C-235/20 P) |
Case T-653/18 Armani v EUIPO – Asunción (GIORGIO ARMANI le Sac 11)
EU trade mark — Opposition proceedings — Application for the EU figurative mark GIORGIO ARMANI le sac 11 — Earlier national word mark LESAC and earlier national figurative marks lesac — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 26 March 2020 ECLI:EU:T:2020:121 (Appeal: Case before the Court of Justice C-239/20 P) |
Case T-654/18 Armani v EUIPO – Asunción (le Sac 11)
EU trade mark — Opposition proceedings — Application for the EU figurative mark le sac 11 — Earlier national word mark LESAC and earlier national figurative marks lesac — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 26 March 2020 ECLI:EU:T:2020:122 (Appeal: Case before the Court of Justice C-240/20 P) |
Case T-752/18 Tecnodidattica v EUIPO (Shape of globe and lamp bases)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of bases for globes and lamps — Absolute ground for refusal — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) — No decorative or imaginative elements playing an important or essential role
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Judgment of the General Court (Tenth Chamber) of 26 March 2020 ECLI:EU:T:2020:130 |
Case T-31/19 AF v FRA
Action for annulment and damages — Civil service — Members of the temporary staff — Contract for an indefinite period — Duties as an administrator as a policy adviser in grade AD 12 — Assignment to the type of post ‘administrator’ — 2014 Staff Regulations — No eligibility for reclassification in the grade above — 2017 reclassification exercise — Refusal to consider the applicant for the purposes of his reclassification in grade AD 13 — Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 26 March 2020 ECLI:EU:T:2020:133 |
Case T-77/19 Alcar Aktiebolag v EUIPO – Alcar Holding (alcar.se)
EU trade mark — Opposition proceedings — Application for EU figurative mark alcar.se — Earlier EU word mark ALCAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
Case T-312/19 Wilhelm Sihn jr. v EUIPO – Golden Frog (CHAMELEON)
EU trade mark — Opposition proceedings — Application for the EU word mark CHAMELEON — Earlier international and national word marks CHAMELEON — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 26 March 2020 ECLI:EU:T:2020:125 |
Case T-343/19 Conlance v EUIPO – LG Electronics (SONANCE)
EU trade mark — Opposition proceedings — Application for EU word mark SONANCE — Earlier national word mark conlance — Relative ground for refusal — No likelihood of confusion — Article 8 (1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 26 March 2020 ECLI:EU:T:2020:124 |
Case T-570/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 26 March 2020 ECLI:EU:T:2020:127 |
Case T-571/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 26 March 2020 ECLI:EU:T:2020:128 |
Case T-572/19 Muratbey Gida v EUIPO (Shape of a braided cheese)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 26 March 2020 ECLI:EU:T:2020:129 |
Case T-155/19 AP v EIF
Action for annulment and for damages — Civil service — EIF Staff — Tendering by the member of staff of her resignation for personal reasons — Leave due to serious illness starting before the end date of the employment contract chosen by the member of staff — Application for withdrawal of the resignation after the end date of the employment contract chosen by the member of staff — EIF’s refusal to accept the retroactive withdrawal of the resignation — End date of the contract delayed on account of sick leave — Whether Article 33 of the EIF Staff Regulations is applicable — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 31 March 2020 ECLI:EU:T:2020:136 |
Case T-499/19 ZU v EEAS
Action for annulment — Civil service — Officials — Sick leave — Negative opinion by the medical service — Amendments made in the Human Resource Management information system — Acts not amenable to review — Acts not adversely affecting an official — Failure to follow the pre-litigation procedure — Premature challenge — Inadmissibility
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Order of the General Court (Seventh Chamber) of 31 March 2020 ECLI:EU:T:2020:134 (Appeal: Case before the Court of Justice C-266/20 P) |
Case T-505/19 Merly v Parliament
Action for annulment — Civil service — Accredited parliamentary assistant — Special leave for the birth of children born via surrogacy — Answer to a request for information — No act adversely affecting an official — Inadmissibility
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Order of the General Court (Eighth Chamber) of 31 March 2020 ECLI:EU:T:2020:135 |
April 2020
Information (on unpublished decisions)
Case T-383/17 Hansol Paper v Commission
Dumping — Imports of certain lightweight thermal paper originating in South Korea — Definitive anti-dumping duty — Dumping margin calculation — Calculation of the injury margin — Determination of injury
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Judgment of the General Court (Seventh Chamber) of 2 April 2020 ECLI:EU:T:2020:139 (Appeal: Case before the Court of Justice C-260/20 P) |
Case T-571/17 UG v Commission
Civil service — Contract staff — Contract of indefinite duration — Article 47(c)(i) of the CEOS — Termination with notice — Grounds for termination — Conduct in the service and attitude at work incompatible with the interests of the service — Manifest error of assessment — Review of the accuracy of the facts — Lack of evidence — Liability — Material harm — Payment of salaries owed
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Judgment of the General Court (Eighth Chamber) of 2 April 2020 ECLI:EU:T:2020:141 (Appeal: Case before the Court of Justice C-249/20 P) |
Case T-81/18 Barata v Parliament
Civil service — Officials — Promotion — Certification procedure — 2016 promotion exercise — Exclusion of the applicant from the final list of officials authorised to take part in the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence
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Judgment of the General Court (Second Chamber) of 2 April 2020 ECLI:EU:T:2020:137 (Appeal: Case before the Court of Justice C-259/20 P) |
Case T-474/18 Veit v ECB
Civil service — ECB staff — Remuneration — Competitions — Equality of treatment between internal and external candidates — Classification in step
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Judgment of the General Court (Tenth Chamber) of 2 April 2020 ECLI:EU:T:2020:140 (Appeal: Case before the Court of Justice C-272/20 P) |
Case T-307/19 SQlab v EUIPO (Innerbarend)
Action for annulment — EU trade mark — Application for EU word mark Innerbarend — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 2 April 2020 ECLI:EU:T:2020:144 |
Case T-326/19 Gerber v Parliament and Council
Action for annulment – Customs territory of the European Union – Regulation (EU) 2019/474 – Directive (EU) 2019/475 – Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano – Not individually concerned – Inadmissibility
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Order of the General Court (Third Chamber) of 2 April 2020 ECLI:EU:T:2020:142 |
Case T-546/19 Isigny - Sainte Mère v EUIPO (Shape of a golden container with a type of wave)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a golden container with a type of wave — Absolute ground for refusal — Article 7(1)(b) of Regulation (EU) 2017/1001 — Lack of distinctive character
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Judgment of the General Court (Third Chamber) of 2 April 2020 ECLI:EU:T:2020:138 |
Case T-797/19 RII Anglo Austrian AAB and Belegging-Maatschappij 'Far-East' v ECB
Interim measures – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Decision to withdraw authorisation as a credit institution – Further application – Article 160 of the Rules of Procedure
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Order of the President of the General Court of 15 April 2020 ECLI:EU:T:2020:151 (Appeal: Case before the Court of Justice C-207/20 P(R)) |
Case T-849/19 R Leonardo v Frontex
Interim measures — Public service contracts — Application for interim measures — Lack of urgency
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Order of the President of the General Court of 20 April 2020 ECLI:EU:T:2020:154 |
Case T-885/19 R Aquind and Aquind Energy v Commission
Application for interim relief — Energy — Trans-European energy infrastructure — Regulation (EU) No 347/2013 — Commission Delegated Regulation amending Regulation No 347/2013 — Application for suspension of operation — No urgency
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Order of the President of the General Court of 22 April 2020 ECLI:EU:T:2020:155 |
Case T-437/18 Tilly-Sabco v Commission
Non-contractual liability — Agriculture — Export refunds — Poultrymeat — Annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice — Damage
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:159 |
Case T-640/18 Intercontact Budapest v CdT
Public service contracts — Tendering procedure — Provision of translation services of texts in the financial and banking fields from English into Hungarian — Ranking of a tenderer — Article 113(2) and (3) of Regulation (EU, Euratom) No 966/2012 — Obligation to state reasons — Tender price of the highest ranked tenderers — Refusal of disclosure
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Judgment of the General Court (Tenth Chamber) of 29 April 2020 ECLI:EU:T:2020:167 |
Case T-707/18 Tilly-Sabco v Council and Commission
Agriculture – Export refunds – Poultrymeat – Regulation (EU) 2018/1277 adopted following the annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice – Competence of the author of the act – Abuse of process – Obligation to state reasons – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:160 |
Case T-37/19 Cimpress Schweiz v EUIPO – Impress (CIMPRESS)
EU trade mark — Opposition proceedings — Application for EU word mark CIMPRESS — Earlier EU figurative mark impress — Earlier national word mark Impress-Media — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 29 April 2020 ECLI:EU:T:2020:164 |
Case T-73/19 Bergslagernas Järnvaru v EUIPO – Scheppach Fabrikation von Holzbearbeitungsmaschinen (Wood-splitting tool)
Community design — Invalidity proceedings — Registered Community design representing a wood-splitting tool — Earlier national design — Ground for invalidity — No individual character — No different overall impression — Article 6(1) of Regulation (EC) No 6/2002 — Infringement of the rights of the defence — Article 62 of Regulation No 6/2002
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Judgment of the General Court (First Chamber) of 29 April 2020 ECLI:EU:T:2020:157 (Appeal: Case before the Court of Justice C-284/20 P) |
Case T-78/19 Lidl Stiftung v EUIPO – Plásticos Hidrosolubles (green cycles)
EU trade mark — Revocation proceedings — European Union figurative mark green cycles — Genuine use of the mark — Article 18(1) of Regulation (EU) 2017/1001 — Article 58(1)(a) of Regulation 2017/1001 — Article 10(3) and (4) of Delegated Regulation (EU) 2018/625 — Form differing in elements which do not alter the distinctive character — Lack of use of the sign as a company logo
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Judgment of the General Court (Ninth Chamber) of 29 April 2020 ECLI:EU:T:2020:166 |
Case T-106/19 Abarca v EUIPO – Abanca Corporación Bancaria (ABARCA SEGUROS)
EU trade mark — Opposition proceedings — Application for EU figurative mark ABARCA SEGUROS — Earlier EU word mark ABANCA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 29 April 2020 ECLI:EU:T:2020:158 (Appeal: Case before the Court of Justice C-313/20 P) |
Case T-108/19 Kerry Luxembourg v EUIPO – Döhler (TasteSense By Kerry)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TasteSense By Kerry — Earlier EU word mark MultiSense — 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)
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:161 (Appeal: Case before the Court of Justice C-304/20 P) |
Case T-109/19 Kerry Luxembourg v EUIPO – Döhler (TasteSense)
EU trade mark — Opposition proceedings — Application for the EU figurative mark TasteSense — Earlier EU word mark MultiSense — 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)
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:162 (Appeal: Case before the Court of Justice C-305/20 P) |
Case T-496/19 CV and Others v Commission
Civil service – Officials – Remuneration – Weighting – Fixed entertainment allowance – Accommodation expenses – Obligation to state reasons – Duty of care – Equivalence in purchasing power – Equal treatment
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:163 |
Case T-497/19 CZ and Others v EEAS
Civil service – Officials – Remuneration – Weighting – Fixed entertainment allowance – Accommodation expenses – Obligation to state reasons – Duty of care – Equivalence in purchasing power – Equal treatment
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Judgment of the General Court (Eighth Chamber) of 29 April 2020 ECLI:EU:T:2020:165 |
Case T-868/19 R Nouryon Industrial Chemicals and Others v Commission
Interim measures — REACH — Dimethyl ether substance — Compliance check — Commission decision — Obligation to provide certain information requiring testing on animals — Application for suspension of operation of a measure — No urgency
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Order of the President of the General Court of 30 April 2020 ECLI:EU:T:2020:171 |
May 2020
Case T-607/17 Volotea v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Recovery — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Selectivity — Effect on trade between Member States — Adverse effect on competition — Recovery — Legitimate expectations — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 13 May 2020
ECLI:EU:T:2020:180 (Appeal: Case before the Court of Justice C-331/20 P) |
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Case T-716/17 Germanwings v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Effect on trade between Member States — Adverse effect on competition — Obligation to state reasons — Aid scheme — De minimis aid — Recovery
Language of the case: German
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Judgment of the General Court (First Chamber, Extended Composition) of 13 May 2020
ECLI:EU:T:2020:181 |
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Case T-8/18 easyJet Airline v Commission
State aid — Aviation sector — Aid granted by Italy in favour of Sardinian airports — Decision declaring the aid partly compatible and partly incompatible with the internal market — Imputability to the State — Beneficiaries — Advantage for co-contracting airlines — Market economy operator principle — Effect on trade between Member States — Adverse effect on competition — Recovery — Legitimate expectations — Obligation to state reasons
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 13 May 2020
ECLI:EU:T:2020:182 (Appeal: Case before the Court of Justice C-343/20 P) |
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Case T-443/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Vogue Peek & Cloppenburg)
EU trade mark – Opposition proceedings – Application for the EU word mark Vogue Peek & Cloppenburg – Earlier national commercial designation Peek & Cloppenburg – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Coexistence of the national commercial designation and the mark applied for – Demarcation agreement – Application of national law by EUIPO – Suspension of the administrative proceedings – Article 70 of Regulation 2017/1001 – Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) – Manifest error of assessment
Language of the case: German
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 (Extracts)
ECLI:EU:T:2020:184 (Appeal: Case before the Court of Justice C-309/20 P) |
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Case T-86/19 SolNova v EUIPO – Canina Pharma (BIO-INSECT Shocker)
EU trade mark – Invalidity proceedings – EU word mark BIO-INSECT Shocker – Absolute ground for refusal – Trade mark likely to deceive the public – Article 7(1)(g) of Regulation (EC) No 207/2009
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 13 May 2020
ECLI:EU:T:2020:199 |
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Case T-526/19 Nord Stream 2 v Parliament and Council
Action for annulment — Energy — Internal market in natural gas — Directive (EU) 2019/692 — Application of Directive 2009/73/EC to gas lines to or from third countries — No direct concern — Inadmissibility — Production of documents obtained unlawfully
Language of the case: English
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Order of the General Court (Eighth Chamber) of 20 May 2020
ECLI:EU:T:2020:210 (Appeal: Case before the Court of Justice C-348/20 P) |
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Case T-530/19 Nord Stream v Parliament and Council
Action for annulment — Energy — Internal market in natural gas — Directive (EU) 2019/692 — Addition of Article 49a to Directive 2009/73/EC concerning the adoption of decisions derogating from certain provisions of that directive — Application of Directive 2009/73 to gas lines to or from third countries — Objection to the deadline of 24 May 2020 for granting derogations from the obligations laid down by Directive 2009/73 — No direct concern — No individual concern — Inadmissibility
Language of the case: English
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Order of the General Court (Eighth Chamber) of 20 May 2020
ECLI:EU:T:2020:213 |
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Case T-399/16 CK Telecoms UK Investments v Commission
Competition — Concentrations — Wireless telecommunications — Retail market for mobile telecommunication services — Market for wholesale access and call origination on public mobile networks — Acquisition of Telefónica Europe by Hutchison — Decision declaring the concentration incompatible with the internal market — Oligopolistic market — Significant impediment to effective competition — Non-coordinated effects — Burden of proof — Standard of proof — Market shares — Effects of the merger on prices — Quantitative analysis of upward pricing pressure — Close competitors — Important competitive constraint — Important competitive force — Network-sharing agreements — Level of concentration — Herfindahl-Hirschmann Index — Error of law — Error of assessment
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 28 May 2020
ECLI:EU:T:2020:217 (Appeal: Case before the Court of Justice C-376/20 P) |
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Case T-574/18 Agrochem-Maks v Commission
Plant-protection products — Active substance oxasulfuron — Non-renewal of approval for placing on the market — Obligation to state reasons — Article 41(2)(c) of the Charter of Fundamental Rights — Manifest error of assessment — Article 6(f) of Regulation (EC) No 1107/2009 and point 2.2 of Annex II to Regulation No 1107/2009 — Precautionary principle
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 28 May 2020 (Extracts)
ECLI:EU:T:2020:226 (Appeal: Case before the Court of Justice C-374/20 P) |
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Case T-701/18 Campbell v Commission
Access to documents — Regulation (EC) No 1049/2001 — Documents in relation to Ireland’s compliance or non-compliance with its obligations under Council Framework Decisions 2008/909/JHA, 2008/947/JHA, 2009/829/JHA — Refusal to grant access — Article 4(2), third indent, of Regulation No 1049/2001 — Exception relating to the purpose of inspections, investigations and audits — General presumption of confidentiality
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 28 May 2020
ECLI:EU:T:2020:224 |
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Cases T-724/18 and T-184/19 Aurea Biolabs v EUIPO – Avizel (AUREA BIOLABS)
EU trade mark — Opposition proceedings — Application for EU figurative mark AUREA BIOLABS — Earlier EU word mark AUREA — Relative ground for refusal — Likelihood of confusion — Similarity of goods — Article 8(1)(b) of Regulation (EU) 2017/1001 — Correction of the Board of Appeal’s decision — Article 102 of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 28 May 2020
ECLI:EU:T:2020:227 |
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Cases T-84/19 and T-88/19 to T-98/19 Cinkciarz.pl v EUIPO – MasterCard International (We IntelliGence the World and Others)
EU trade mark — Opposition proceedings — Applications for the EU figurative marks We IntelliGence the World, currencymachineassistant, robodealer, currencyassistant, tradingcurrencyassistant, CKPL, moneypersonalassistant, moneyassistant, currencypersonalassistant, CNTX Trading, AIdealer and CNTX — Earlier EU and UK figurative marks representing two intertwining circles or two overlapping circles — Suspension of proceedings — Article 71(1) of Delegated Regulation (EU) 2018/625
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 28 May 2020
ECLI:EU:T:2020:231 |
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Case T-213/19 AW v Parliament
Civil service — Officials — Social security — Article 73 of the Staff Regulations — Common rules on the insurance against the risk of accident and of occupational disease — Article 16 — Statement of occupational disease — Article 22 — Medical Committee — Refusal to recognise the occupational nature of a disease — Irregularity of the opinion of the Medical Committee
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 28 May 2020 (Extracts)
ECLI:EU:T:2020:230 |
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Information (on unpublished decisions)
Case T-146/20 R Csordas and Others v Commission
Application for interim measures – Civil service – Elections for the Luxembourg local section of the Commission’s Staff Committee – Regularity – Supervisory obligation of the institution – Application for interim measures – No prima facie case
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Order of the President of the General Court of 4 May 2020 ECLI:EU:T:2020:172 |
Case T-141/19 Sabo and Others v Parliament and Council
Action for annulment — Environment — Energy — Directive (EU) 2018/2001 — Inclusion of forest biomass among the sources of renewable energy — Act not of individual concern — Inadmissibility
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Order of the General Court (Fourth Chamber) of 6 May 2020 ECLI:EU:T:2020:179 (Appeal: Case before the Court of Justice C-297/20 P) |
Case T-738/18 Dragnea v Commission
Action for annulment — European Regional Development Fund — Romanian 2007-2013 Regional Operational Programme — External investigations conducted by OLAF — Final reports and recommendations of OLAF — National decision initiating a criminal investigation — Refusal by OLAF to open an enquiry into the conduct of the previous investigations — Refusal of access to the OLAF investigation file — Act not open to challenge — Inadmissibility
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Order of the General Court (First Chamber) of 12 May 2020 ECLI:EU:T:2020:208 (Appeal: Case before the Court of Justice C-351/20 P) |
Case T-195/18 Talanton v Commission
Arbitration clause — Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Perform Contract — Eligible costs — Repayment in part of the sums paid — Abuse of contractual rights — Principle of good faith — Legitimate expectations — Burden of proof — Counterclaim
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Judgment of the General Court (Seventh Chamber) of 13 May 2020 ECLI:EU:T:2020:194 (Appeal: Case before the Court of Justice C-359/20 P) |
Case T-290/18 Agmin Italy v Commission
Financial Regulation — Exclusion from procurement and grant award procedures covered by the general EU budget and by the European Development Fund for a two-year period — Principle of impartiality — Rights of the defence — Error of assessment — Manifest error of assessment — Proportionality
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Judgment of the General Court (Ninth Chamber) of 13 May 2020 ECLI:EU:T:2020:196 |
Case T-444/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Invalidity and revocation proceedings — EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the EU trade mark — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:185 (Appeal: Case before the Court of Justice C-311/20 P) |
Case T-445/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:186 (Appeal: Case before the Court of Justice C-307/20 P) |
Case T-446/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek & Cloppenburg)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:187 (Appeal: Case before the Court of Justice C-310/20 P) |
Case T-534/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:188 (Appeal: Case before the Court of Justice C-312/20 P) |
Case T-535/18 Peek & Cloppenburg v EUIPO – Peek & Cloppenburg (Peek's)
EU trade mark — Opposition proceedings — Application for the EU word mark Peek’s — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:189 (Appeal: Case before the Court of Justice C-308/20 P) |
Case T-5/19 Clatronic International v EUIPO (PROFI CARE)
EU trade mark — International registration designating the European Union — Figurative mark PROFI CARE — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation 2017/1001 — Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 13 May 2020 ECLI:EU:T:2020:191 |
Case T-49/19 View v EUIPO (CREATE DELIGHTFUL HUMAN ENVIRONMENTS)
EU trade mark — International registration designating the European Union — Word mark CREATE DELIGHTFUL HUMAN ENVIRONMENTS — Trade mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
Case T-63/19 Rot Front v EUIPO – Kondyterska korporatsiia "Roshen" (РОШЕН)
EU trade mark — Opposition Proceedings — International registration designating the European Union — Figurative mark РОШЕН — Earlier international figurative mark РОМАШКИ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 13 May 2020 ECLI:EU:T:2020:195 |
Case T-76/19 Pontinova v EUIPO – Ponti & Partners (pontinova)
EU trade mark — Opposition proceedings — Application for EU figurative mark pontinova — Earlier national word mark PONTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Relevant public — Similarity of the services — Similarity of the signs — Global assessment of the likelihood of confusion
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Judgment of the General Court (Ninth Chamber) of 13 May 2020 ECLI:EU:T:2020:198 |
Case T-156/19 Koenig & Bauer v EUIPO (we're on it)
EU trade mark — Application for EU word mark we’re on it — Absolute grounds for refusal — No distinctive character — Trade mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 13 May 2020 ECLI:EU:T:2020:200 |
Case T-172/19 Cognac Ferrand v EUIPO (Shape of braiding on a bottle)
EU trade mark — Application for a three-dimensional EU trade mark — Shape of braiding on a bottle — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 13 May 2020 ECLI:EU:T:2020:202 |
Case T-284/19 Wonder Line v EUIPO – De Longhi Benelux (KENWELL)
EU trade mark — Opposition proceedings — Application for EU word mark KENWELL — Earlier EU word mark KENWOOD — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 13 May 2020 ECLI:EU:T:2020:192 (Appeal: Case before the Court of Justice C-322/20 P) |
Case T-288/19 Divaro v EUIPO – Grendene (IPANEMA)
EU trade mark — Opposition proceedings — Application for EU figurative mark IPANEMA — Earlier EU figurative mark Ipanema — Relative ground for refusal — Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 13 May 2020 ECLI:EU:T:2020:201 |
Case T-308/19 Lucaccioni v Commission
Action for annulment and for compensation – Civil service – Non actionable measure – Preparatory measure – No claim – Action in part manifestly inadmissible and in part inadmissible
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Order of the General Court (Fourth Chamber) of 13 May 2020 ECLI:EU:T:2020:207 |
Case T-381/19 adp Gauselmann v EUIPO – Gameloft (City Mania)
EU trade mark — Opposition proceedings — Application for EU word mark City Mania — Earlier EU word mark City Lights — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 13 May 2020 ECLI:EU:T:2020:190 |
Case T-503/19 Global Brand Holdings v EUIPO (XOXO)
EU trade mark — Application for the EU word mark XOXO — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 13 May 2020 ECLI:EU:T:2020:183 |
Case T-532/19 EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)
EU trade mark — Application for the EU figurative mark pantys — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 13 May 2020 ECLI:EU:T:2020:193 |
Case T-282/18 Bernis and Others v SRB
Action for annulment — Economic and Monetary Union — Banking Union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Article 18(1) of Regulation (EU) No 806/2014 — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Decision of the SRB not to adopt a resolution scheme — Lack of public interest — Winding up in accordance with national law — Shareholders — Lack of individual concern — Inadmissibility
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Order of the General Court (Tenth Chamber) of 16 July 2020 ECLI:EU:T:2020:359 |
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Order of the General Court (Tenth Chamber) of 14 May 2020 ECLI:EU:T:2020:209 (Appeal: Case before the Court of Justice C-364/20 P) |
Case T-660/19 Universität Bremen v Commission and REA
Action for annulment – Grant project – Framework Programme for Research and Innovation ‘Horizon 2020’ – H2020-SC6-Governance-2019 call for proposals – REA decision rejecting a proposal – Incorrect identification of the defendant – Inadmissible in part
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Order of the General Court (Eighth Chamber) of 25 May 2020 ECLI:EU:T:2020:216 (Appeal: Case before the Court of Justice C-110/21 P) |
Cases T-163/20 R and T-163/20 RII Isopix v Parliament
Application for interim relief – Public supply contracts – Provision of photography services – Application for suspension of operation of a measure – Partial manifest inadmissibility of the main action – Inadmissibility – Urgency – Prima facie case – Balancing of competing interests
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Order of the President of the General Court of 25 May 2020 ECLI:EU:T:2020:215 |
Case T-483/16 RENV Cerafogli v ECB
Civil service – ECB staff – Complaint of discrimination and psychological harassment – Internal administrative inquiry – Rejection of the complaint – Right to an effective judicial remedy – Right to be heard – Request for access to the minutes of the hearings of witnesses – Destruction of the inquiry file – Probative character of the evidence submitted to the Court – Incomplete examination – Psychological harassment – Error of law – Duty to provide assistance – Responsibility – Causal link – Non-material damage
Case T-649/17 ViaSat v Commission
Access to documents – Regulation (EC) No 1049/2001 – Document on measures required to ensure compliance by authorised operators of mobile satellite systems with the common conditions referred to in Decision No 626/2008/EC – Implied and express refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Partial refusal of access
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Judgment of the General Court (Tenth Chamber) of 28 May 2020 ECLI:EU:T:2020:235 |
Case T-518/18 YG v Commission
Civil service – Officials – Promotion – 2017 promotion procedure – Decision not to promote the applicant to grade AST 9 – Comparison of the merits – Equal treatment – Manifest error of assessment – Duty to state reasons
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Judgment of the General Court (Third Chamber) of 28 May 2020 ECLI:EU:T:2020:221 (Appeal: Case before the Court of Justice C-361/20 P) |
Case T-615/18 Diesel v EUIPO – Sprinter megacentros del deporte (Representation of a curved and angled line)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a curved and angled line – Earlier EU figurative mark representing the capital letter D and earlier international figurative mark (D) representing an angled line – Relative ground for refusal – Genuine use of the earlier mark – Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 28 May 2020 ECLI:EU:T:2020:223 |
Case T-677/18 Galletas Gullón v EUIPO – Intercontinental Great Brands (gullón TWINS COOKIE SANDWICH)
EU trade mark – Opposition proceedings – Application for the EU figurative mark gullón TWINS COOKIE SANDWICH – Earlier EU figurative mark OREO – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 28 May 2020 ECLI:EU:T:2020:229 |
Case T-681/18 Korporaciya “Masternet” v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU figurative mark STAYER – Genuine use of the trade mark – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Categorisation of the goods in connection with which genuine use has been proved
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Judgment of the General Court (Third Chamber) of 28 May 2020 ECLI:EU:T:2020:222 |
Case T-696/18 Consejo Regulador "Jamón de Teruel/Paleta de Teruel" v EUIPO – Airesano Foods (AIRESANO BLACK El ibérico de Teruel)
EU trade mark – Opposition proceedings – Application for the EU figurative mark AIRESANO BLACK El ibérico de Teruel – Earlier EU figurative mark JAMON DE TERUEL CONSEJO REGULADOR DE LA DENOMINACION DE ORIGEN – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 28 May 2020 ECLI:EU:T:2020:219 |
Case T-739/18 Darment v Commission
Environment – Fluorinated greenhouse gases – Regulation (EU) No 517/2014 – Placing of hydrofluorocarbons on the market – Decision finding that an undertaking exceeded the quota allocated to it and imposing on it a penalty – Correction of the electronic registry for quotas – Transfer of quota – Authorisation to use a quota – Principle of good administration
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Judgment of the General Court (First Chamber) of 28 May 2020 ECLI:EU:T:2020:218 |
Case T-739/18 R Darment v Commission
Application for interim relief – Satisfaction accorded to the main action – No need to adjudicate
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Order of the President of the General Court of 28 May 2020 ECLI:EU:T:2020:237 |
Case T-333/19 Ntolas v EUIPO – General Nutrition Investment (GN GENETIC NUTRITION LABORATORIES)
EU trade mark – Opposition proceedings – Application for EU figurative mark GN GENETIC NUTRITION LABORATORIES – Earlier EU word mark GNC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 May 2020 ECLI:EU:T:2020:232 |
Case T-341/19 Martínez Albainox v EUIPO – Taser International (TASER)
EU trade mark – Invalidity proceedings – EU figurative mark TASER – Earlier EU word marks TASER – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Detriment to reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 May 2020 ECLI:EU:T:2020:233 |
Case T-342/19 Martínez Albainox v EUIPO – Taser International (TASER)
EU trade mark – Invalidity proceedings – EU figurative mark TASER – Earlier EU word marks TASER – Relative grounds for refusal – Detriment to reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 May 2020 ECLI:EU:T:2020:234 |
Case T-506/19 Workspace Group v EUIPO – Technopolis Holding (UMA WORKSPACE)
EU trade mark – Opposition proceedings – Application for the EU word mark UMA WORKSPACE – Earlier EU figurative mark and earlier UK figurative and word marks WORKSPACE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 28 May 2020 ECLI:EU:T:2020:220 |
Case T-564/19 Lozano Arana and Others v EUIPO – Coltejer (LIBERTADOR)
EU trade mark – – Revocation proceedings – – EU word mark LIBERTADOR – – Genuine use of the mark – – Article 58(1)(a) of Regulation (EU) 2017/1001 – – Right to be heard – – Article 94 of Regulation 2017/1001 – – Due notification – – Article 60 of Delegated Regulation (EU) 2017/1430 (now Article 60 of Delegated Regulation (EU) 2018/625) – – Failure to produce proof of genuine use of the mark within the time limit prescribed – – Article 19(1) of Delegated Regulation 2017/1430 (now Article 19(1) of Delegated Regulation 2018/625)
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Judgment of the General Court (Fifth Chamber) of 28 May 2020 ECLI:EU:T:2020:228 |
June 2020
Case T-608/18 Sammut v Parliament
Civil service — Officials — Rights and obligations of officials — Publication of any matter dealing with the work of the Union — Duty to inform in advance — Article 17a of the Staff Regulations — Staff report — Responsibility
Language of the case: Maltese
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Judgment of the General Court (First Chamber) of 10 June 2020
ECLI:EU:T:2020:249 |
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Case T-100/19 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling to connect refrigeration or air-conditioning equipment to a motor vehicle – Single head of claim seeking alteration – Implicit application for annulment – Admissibility – Ground of invalidity – Failure to comply with the requirements for protection – Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Extent of the examination carried out by the Board of Appeal – Position adopted by the Board of Appeal on the failure to comply with a requirement for protection during the procedure – Divergent conclusion in the contested decision – Obligation to state reasons – Article 62 and second sentence of Article 63(1) of Regulation (EC) No 6/2002
Language of the case: Spanish
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Judgment of the General Court (Ninth Chamber) of 10 June 2020
ECLI:EU:T:2020:255 |
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Case T-511/18 XH v Commission
Civil service — Officials — Promotion — 2017 promotion exercise — Decision not to promote — Clarity and precision of a plea in law in the application — Rule requiring correspondence — Challenge of definitive acts — Admissibility — Article 45 of the Staff Regulations — Interim probation report — End-of-probation report — Appraisal report — Factors taken into account for the consideration of the comparative merits — Regularity of the procedure — Liability — Non-material damage
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 25 June 2020 (Extracts)
ECLI:EU:T:2020:291 (Appeal: Case before the Court of Justice C-399/20 P) |
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Case T-737/18 Siberia Oriental v CPVO (Siberia)
Plant variety rights — Application for amendment of the date of expiry of the Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L. — Appeal before the Board of Appeal of the CPVO — Inadmissibility — Obligation to state reasons — Article 75 of Regulation (EC) No 2100/94 — Effective judicial protection — Article 67(1) and Article 87 of Regulation No 2100/94 — Correction of patent mistakes — Article 53(4) of Regulation (EC) No 874/2009
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 25 June 2020
ECLI:EU:T:2020:289 |
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Case T-295/19 Klymenko v Council
Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 25 June 2020
ECLI:EU:T:2020:287 |
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Case T-552/19 Malacalza Investimenti v ECB
Access to documents — Decision of the ECB to place Banca Carige SpA under temporary administration — Refusal to grant access — Default procedure
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber) of 25 June 2020
ECLI:EU:T:2020:294 |
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Information (on unpublished decisions)
Case T-77/20 R Ascenza Agro and Industrias Afrasa v Commission
Application for interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Implementing regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyriphos-methyl – Application for suspension of operation of a measure – Lack of any urgency – Serious and irreparable damage – Absence
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Order of the President of the General Court of 8 June 2020 ECLI:EU:T:2020:246 |
Case T-77/20 RII Ascenza Agro and Industrias Afrasa v Commission
Application for interim measures – Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyrifos-methyl – Application for suspension of operation of a measure – Lack of urgency – Serious and irreparable harm – None
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Order of the President of the General Court of 8 June 2020 ECLI:EU:T:2020:247 |
Case T-564/15 RENV Spliethoff's Bevrachtingskantoor v Commission
Financial assistance in the field of Connecting Europe Facility (CEF) – Transport sector for the period 2014-2020 – Calls for proposals – Decision establishing the list of proposals selected – Rejection of the proposal – Manifest errors of assessment – Equal treatment – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 10 June 2020 ECLI:EU:T:2020:252 |
Case T-717/18 B.D. v EUIPO – Philicon-97 (PHILIBON)
EU trade mark – Invalidity proceedings – EU word mark PHILIBON – Earlier national figurative mark PHILICON – Relative ground for refusal – Well-known trade mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 10 June 2020 ECLI:EU:T:2020:256 |
Case T-718/18 Boyer v EUIPO – Philicon-97 (PHILIBON DEPUIS 1957 www.philibon.com)
EU trade mark – Invalidity proceedings – EU figurative mark PHILIBON DEPUIS 1957 www.philibon.com – Earlier national figurative mark PHILICON – Relative ground for refusal – Well-known trade mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 10 June 2020 ECLI:EU:T:2020:257 |
Case T-83/19 AL v Commission
Civil service – Special advisers – Appointment to the post of representative of the European Union in an international partnership body – Appointment of another representative of the European Union – Legitimate expectations – Right to be heard – Principle of good administration and duty to have regard to the welfare of officials – Liability
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Judgment of the General Court (Eighth Chamber) of 10 June 2020 ECLI:EU:T:2020:254 (Appeal: Case before the Court of Justice C-356/20 P) |
Case T-105/19 Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute grounds for refusal – No distinctive character – Well-known facts – Distinctive character acquired through use – Overall assessment of the evidence of the distinctive character acquired through use – Article 7(1)(b) and (3) of Regulation (EU) 2017/1001 – Article 59(1) and (2) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 10 June 2020 ECLI:EU:T:2020:258 |
Case T-131/19 Oosterbosch v Parliament
Civil service – Contract staff – Remuneration – Shiftwork allowance – Article 56a of the Staff Regulations – Legal certainty – Principle of legality – Concept of night work
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Judgment of the General Court (First Chamber) of 10 June 2020 ECLI:EU:T:2020:250 |
Case T-577/19 Leinfelder Uhren München v EUIPO – Schafft (Leinfelder)
European Union trade mark – Revocation proceedings – European Union word mark Leinfelder – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Abuse of rights
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Judgment of the General Court (Tenth Chamber) of 10 June 2020 ECLI:EU:T:2020:259 (Appeal: Case before the Court of Justice C-401/20 P) |
Case T-646/19 eSky Group IP v EUIPO – Gröpel (e)
EU trade mark — Opposition proceedings — Application for the EU figurative mark e — Earlier international figurative mark e — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 10 June 2020 ECLI:EU:T:2020:253 (Appeal: Case before the Court of Justice C-386/20 P) |
Case T-707/19 FF&GB v EUIPO (ONE-OFF)
EU trade mark – Application for EU figurative mark ONE-OFF – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 10 June 2020 ECLI:EU:T:2020:251 |
Case T-846/19 Golden Omega v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff nomenclature – Classification in the Combined Nomenclature – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility
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Order of the General Court (Sixth Chamber) of 10 June 2020 ECLI:EU:T:2020:248 |
Case T-294/19 Vanhoudt and Others v EIB
Action for annulment and for damages – Civil service – EIB staff – Reform of the EIB remuneration and salary progression system – Remuneration simulation tool – Act not open to challenge – Purely confirmatory act – No new and substantial facts – Non-material harm – No causal link – Action in part inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 11 June 2020 ECLI:EU:T:2020:264 |
Case T-516/19 VDV eTicket Service v Commission and INEA
Arbitration clause – ‘Horizon 2020 – the Framework Programme for Research and Innovation’ (2014-2020) – Project ‘European Travellers Club: Account-Based Travelling across the European Union – ETC’ – Grant agreement – Decision of INEA declaring ineligible certain costs incurred in the context of subcontracts – Misidentification of the defendant – Measure which is part of a purely contractual context from which it is inseparable – Legitimate expectations – Action in part inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 11 June 2020 ECLI:EU:T:2020:265 |
Case T-553/19 Perfect Bar v EUIPO (PERFECT BAR)
Action for annulment – EU trade mark – Application for EU word mark PERFECT BAR – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Decision taken following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 11 June 2020 ECLI:EU:T:2020:268 |
Case T-561/19 Lípidos Santiga v Commission
Action for annulment – Energy – Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources – Limit on biofuels and biomass fuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of raw materials presenting a high indirect land-use change (ILUC) risk – Palm oil – Standing to bring proceedings – Lack of individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 11 June 2020 ECLI:EU:T:2020:266 (Appeal: Case before the Court of Justice C-402/20 P) |
Case T-563/19 Perfect Bar v EUIPO (PERFECT Bar)
Action for annulment – EU trade mark – Application for EU figurative mark PERFECT Bar – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Decision taken following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 11 June 2020 ECLI:EU:T:2020:271 |
Case T-652/19 R Elevolution - Engenharia v Commission
Interim measures – Public works contracts – Application for suspension of operation of a measure – Lack of urgency
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Order of the President of the General Court of 11 June 2020 ECLI:EU:T:2020:263 |
Case T-383/19 Walker and Others v Parliament and Council
Action for annulment – Area of freedom, security and justice – Withdrawal of the United Kingdom from the Union – Regulation (EU) 2019/592 amending Regulation (EU) 2018/1806 – Short-stay visa waiver on the basis of reciprocity – Alleged loss of EU citizenship – Not individually concerned – Inadmissibility
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Order of the General Court (Sixth Chamber) of 16 June 2020 ECLI:EU:T:2020:269 |
Case T-558/19 Luz Saúde v EUIPO – Clínica La Luz (HOSPITAL DA LUZ LEARNING HEALTH)
EU trade mark – Opposition proceedings – Application for registration of the EU figurative mark HOSPITAL DA LUZ LEARNING HEALTH – Earlier national figurative mark clínica LALUZ – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Third Chamber) of 16 June 2020 ECLI:EU:T:2020:274 |
Case T-803/19 etc-gaming and Casino-Equipment v Commission
Action for damages – Failure by the European Union to introduce an effective remedy offering suitable redress for a failure on the part of the national courts to submit a request for a preliminary ruling to the Court of Justice – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 16 June 2020 ECLI:EU:T:2020:270 (Appeal: Case before the Court of Justice C-390/20 P) |
Case T-231/20 R Price v Council
Application for interim relief – Area of freedom, security and justice – Decision (EU) 2020/135 – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Loss of citizenship of the Union – Application for suspension of operation of a measure – Manifest inadmissibility of the main action – Inadmissibility – Reference to the Court – Lack of jurisdiction
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Order of the President of the General Court of 24 June 2020 ECLI:EU:T:2020:280 (Appeal: Case before the Court of Justice C-298/20 P(R)) |
Case T-40/16 MU v Parliament
Action for annulment ‐ Article 263 TFEU – Internal Rules governing traineeships and study visits in the Secretariat of the Parliament – Trainee with a disability – Additional disability allowance – Refusal – Conditions for granting an additional disability allowance – Error of law
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Judgment of the General Court (Eighth Chamber) of 25 June 2020 ECLI:EU:T:2020:292 |
Case T-506/18 Poland v Commission
EAGF and EAFRD – Expenditure excluded from financing – Specific support for the tobacco sector – Expenditure incurred by Poland – Key controls – Flat-rate corrections – Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 25 June 2020 ECLI:EU:T:2020:282 |
Case T-659/18 ZS v EIB
Civil service – Staff of the EIB – Health status – Partial disability – Time management – Unjustified absences – Reduced compensation – Liability
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Judgment of the General Court (First Chamber) of 25 June 2020 ECLI:EU:T:2020:281 |
Case T-22/19 Noguer Enríquez and Others v Commission
Actions for damages – Monetary Agreement between the European Union and the Principality of Andorra – Alleged negligence on the part of the Commission regarding the content of the Agreement – Alleged negligence on the part of the Commission in monitoring the implementation of the Agreement – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 25 June 2020 ECLI:EU:T:2020:295 (Appeal: Case before the Court of Justice C-403/20 P) |
Case T-104/19 Dermavita v EUIPO – Allergan Holdings France (JUVÉDERM)
EU trade mark – Revocation proceedings – EU word mark JUVÉDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Use in the form in which the mark was registered – Use with the proprietor’s consent – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 25 June 2020 ECLI:EU:T:2020:283 (Appeal: Case before the Court of Justice C-400/20 P) |
Case T-114/19 Pavel v EUIPO – bugatti (B)
EU trade mark – Invalidity proceedings – EU figurative mark B – Earlier international figurative mark b – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 60(1)(a) of Regulation 2017/1001 – Misuse of power – Partial annulment
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Judgment of the General Court (Fifth Chamber) of 25 June 2020 ECLI:EU:T:2020:286 |
Case T-133/19 Off-White v EUIPO (OFF-WHITE)
EU trade mark – Application for EU figurative mark OFF-WHITE – Partial rejection of the application for registration – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 25 June 2020 ECLI:EU:T:2020:293 |
Case T-379/19 Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan)
EU trade mark – Application for the EU word mark Serviceplan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 25 June 2020 ECLI:EU:T:2020:284 |
Case T-380/19 Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan Solutions)
EU trade mark – Application for the EU word mark Serviceplan Solutions – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 25 June 2020 ECLI:EU:T:2020:285 |
Case T-550/19 Nitto Pharmaceutical Industries v EUIPO – Chiesi Farmaceutici (NOSTER)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark NOSTER – Earlier EU word mark FOSTER – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 25 June 2020 ECLI:EU:T:2020:290 |
Case T-651/19 Brands Up v EUIPO (Credit24)
EU trade mark – Application for EU figurative mark Credit24 – Absolute ground for refusal – Descriptive – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 25 June 2020 ECLI:EU:T:2020:288 (Appeal: Case before the Court of Justice C-404/20 P) |
Case T-150/20 R Tartu Agro v Commission
Application for interim measures – State aid – Decision declaring the aid incompatible with the internal market and ordering its recovery – Application for suspension of operation – No urgency
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Order of the President of the General Court of 30 June 2020 ECLI:EU:T:2020:299 |
July 2020
Case T-110/17 Jiangsu Seraphim Solar System v Commission
Dumping — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China — Undertakings — Admissibility — Implementing Regulation (EU) 2016/2146 — Invalidation of undertaking invoices — Temporal application of new provisions
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 8 July 2020
ECLI:EU:T:2020:315 (Appeal: Case before the Court of Justice C-441/20 P) (Appeal: Case before the Court of Justice C-439/20 P) |
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Case T-203/18 VQ v ECB
Economic and monetary policy — Prudential supervision of credit institutions — Article 18(1) of Regulation (EU) No 1024/2013 — Administrative pecuniary penalty imposed by the ECB on a credit institution for infringement of Article 77(a) of Regulation (EU) No 575/2013 — Rules for publication on the ECB’s website — Article 18(6) of Regulation No 1024/2013 and Article 132(1) of Regulation (EU) No 468/2014
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 8 July 2020
ECLI:EU:T:2020:313 |
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Case T-429/18 BRF and SHB Comércio e Indústria de Alimentos v Commission
Public health — Specific rules for the organisation of official controls on products of animal origin intended for human consumption — Amendment of the lists of third country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil — Article 12(4)(c) of Regulation (EC) No 854/2004 — Comitology — Obligation to state reasons — Rights of defence — Powers of the Commission — Equal treatment — Proportionality
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 8 July 2020
ECLI:EU:T:2020:322 |
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Case T-576/18 Crédit agricole v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Retroactive application of less severe enforcement legislation – Absence – Rights of defence – Amount of the penalty – Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 8 July 2020
ECLI:EU:T:2020:304 (Appeal: Case before the Court of Justice C-456/20 P) |
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Case T-661/18 Securitec v Commission
Public procurement – Tender procedure – Maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and in Luxembourg – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Illegality of a clause in the tender specifications – Equal treatment
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 8 July 2020
ECLI:EU:T:2020:319 |
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Case T-20/19 Pablosky v EUIPO – docPrice (mediFLEX easystep)
EU trade mark — Opposition proceedings — Application for the EU word mark mediFLEX easystep — Earlier EU figurative mark Stepeasy — Relative grounds for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 July 2020 (Extracts)
ECLI:EU:T:2020:309 |
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Case T-21/19 Pablosky v EUIPO – docPrice (mediFLEX easySTEP)
EU trade mark — Opposition proceedings — Application for the EU figurative mark mediFLEX easySTEP — Earlier EU figurative mark Stepeasy — Relative grounds for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 July 2020 (Extracts)
ECLI:EU:T:2020:310 |
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Case T-186/19 Zubedi v Council
Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 8 July 2020 (Extracts)
ECLI:EU:T:2020:317 |
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Case T-305/19 Welmax + v EUIPO – Valmex Medical Imaging (welmax)
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark welmax — Earlier EU word mark valmex — Time limits for an appeal before the Board of Appeal — Delay — Point from which time starts to run — Notification — Proof of dispatch by registered post — Communication by email — Failure to comply with the obligation to pay the appeal fee within the time limit — Appeal deemed not to have been filed — Scope of the requests for regularisation — Article 68(1) of Regulation (EU) 2017/1001 — Articles 23 and 56 to 58 of Delegated Regulation (EU) 2018/625
Language of the case: Polish
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Judgment of the General Court (Ninth Chamber) of 8 July 2020 (Extracts)
ECLI:EU:T:2020:327 (Appeal: Case before the Court of Justice C-425/20 P) |
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Case T-627/19 Shindler and Others v Commission
Actions for failure to act and for annulment — Area of freedom, security and justice — Withdrawal of the United Kingdom from the European Union — Applications for the adoption of a decision maintaining the European citizenship of certain UK nationals and of a decision on various measures relating to the rights of UK nationals — Adoption of a position by the Commission — No invitation to act — Refusal to adopt a decision maintaining the European citizenship of certain UK nationals — No interest in bringing proceedings — Action manifestly inadmissible
Language of the case: French
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Order of the General Court (Tenth Chamber) of 14 July 2020 (Extracts)
ECLI:EU:T:2020:335 |
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Cases T-778/16 and T-892/16 Ireland and Others v Commission
State aid – Aid implemented by Ireland – Decision declaring the aid incompatible with the internal market and unlawful and ordering recovery of the aid – Advance tax decisions (tax rulings) – Selective tax advantages – Arm’s length principle
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 15 July 2020
ECLI:EU:T:2020:338 (Appeal: Case before the Court of Justice C-465/20 P) |
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Case T-715/19 Wagenknecht v European Council
Action for failure to act — Protection of the European Union’s financial interests — Combating fraud — Meeting of the European Council — Multiannual financial framework — Financial regulation — Alleged conflict of interest of the representative of the Czech Republic at a meeting of the European Council — Alleged lack of action by the European Council — Article 130 of the Rules of Procedure — Interest in bringing proceedings — Locus standi — Definition of the position of the European Council — End of the failure to act — Inadmissibility — Article 15(2) TEU — Action manifestly lacking any foundation in law
Language of the case: English
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Order of the General Court (Eighth Chamber) of 17 July 2020
ECLI:EU:T:2020:340 (Appeal: Case before the Court of Justice C-504/20 P) |
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Case T-334/18 DEP Bodegas Altún v EUIPO - Codorníu (ANA DE ALTUN)
Procedure — Taxation of costs — Inadmissibility
Language of the case: Spanish
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Order of the General Court (Fifth Chamber) of 21 July 2020
ECLI:EU:T:2020:352 |
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Case T-272/19 TO v EEAS
Action for annulment and for damages — Civil service — Members of the contract staff — Refusal to employ on the ground that the candidate is unfit to perform duties — Time limit for bringing proceedings — Public policy — Delay — Calculation of the time limit — Determination of the date from which the person concerned could have become aware of the content of the decision — Manifest inadmissibility
Language of the case: French
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Order of the General Court (Eighth Chamber, Extended Composition) of 31 July 2020
ECLI:EU:T:2020:361 |
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Information (on unpublished decisions)
Case T-562/19 Klein v Commission
Action for failure to act – Medical devices – Article 8(1) and (2) of Directive 93/42/EEC – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Absence of a decision by the Commission – Out of time – Inadmissibility
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Order of the General Court (Ninth Chamber) of 2 July 2020 ECLI:EU:T:2020:300 (Appeal: Case before the Court of Justice C-430/20 P) |
Case T-143/19 Solar Ileias Bompaina v Commission
Action for annulment – State aid – Operators on the market in electricity produced from renewable energy sources – Power purchase agreements – Legislative amendments with retroactive effect limiting tariff advantages – Complaint to the Commission alleging aid in favour of energy suppliers – Decision declaring the aid compatible with the internal market – Status as an interested party – Safeguarding of procedural rights – Inadmissibility
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Order of the General Court (Second Chamber) of 3 July 2020 ECLI:EU:T:2020:301 (Appeal: Case before the Court of Justice C-429/20 P) |
Joined Cases T-347/19 and T-348/19 Falqui and Poggiolini v Parliament
Actions for annulment – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions‐ Change in the amount of pensions – Manifestly inadmissible actions
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Order of the General Court (Eighth Chamber) of 3 July 2020 ECLI:EU:T:2020:303 (Appeal: Case before the Court of Justice C-408/20 P) |
Joined Cases T-395/19, T-396/19, T-405/19, T-408/19, T-419/19, T-423/19, T-424/19, T-428/19, T-433/19, T-437/19, T-443/19, T-455/19, T-458/19 to T-462/19, T-464/19, T-469/19 and T-477/19 Tognoli and Others v Parliament
Actions for annulment – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Change in the amount of pensions – Manifestly inadmissible actions
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Order of the General Court (Eighth Chamber) of 3 July 2020 ECLI:EU:T:2020:302 (Appeal: Case before the Court of Justice C-431/20 P) |
Case T-758/14 RENV Infineon Technologies v Commission
Competition – Agreements, decisions and concerted practices – Market for smart card chips – Decision finding an infringement of Article 101 TFEU – Exchanges of commercially sensitive information – Unlimited jurisdiction – Calculation of the amount of the fine – Taking into consideration of the participation only in a part of a network of bilateral contacts between competitors
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Judgment of the General Court (Seventh Chamber) of 8 July 2020 ECLI:EU:T:2020:307 |
Case T-332/15 Ocean Capital Administration and Others v Council
Common foreign and security policy – Restrictive measures against Iran – Freezing of funds – List of persons and entities to whom those measures apply – Inclusion of the names of the applicants
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Judgment of the General Court (First Chamber) of 8 July 2020 ECLI:EU:T:2020:308 |
Case T-490/18 Neda Industrial Group v Council
Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – Retention of the applicant’s name on the lists of persons, entities and bodies subject to the freezing of funds and economic resources – Obligation to state reasons – Error of law – Error of assessment – Temporal adjustment of the effects of an annulment
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Judgment of the General Court (Fourth Chamber) of 8 July 2020 ECLI:EU:T:2020:318 |
Case T-577/18 Crédit agricole Corporate and Investment Bank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Rights of defence – Amount of the penalty – Obligation to state reasons
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Judgment of the General Court (Second Chamber, Extended Composition) of 8 July 2020 ECLI:EU:T:2020:305 (Appeal: Case before the Court of Justice C-457/20 P) |
Case T-578/18 CA Consumer Finance v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 18(1) of Regulation (EU) No 1024/2013 – Administrative pecuniary penalty imposed by the ECB on a credit institution – First subparagraph of Article 26(3) of Regulation (EU) No 575/2013 – Continued breach of capital requirements – Negligent breach – Rights of defence – Amount of the penalty – Obligation to state reasons
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Judgment of the General Court (Second Chamber, Extended Composition) of 8 July 2020 ECLI:EU:T:2020:306 (Appeal: Case before the Court of Justice C-458/20 P) |
Case T-748/18 Glimarpol v EUIPO – Metar (Pneumatic power tools)
Community design – Invalidity proceedings – Registered Community design representing a pneumatic power tool – Earlier design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – Individual character – Different overall impression – Article 6(1)(b) of Regulation No 6/2002
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Judgment of the General Court (Fifth Chamber) of 8 July 2020 ECLI:EU:T:2020:321 |
Case T-38/19 Portugal v Commission
EAGF and EAFRD – Expenditure excluded from financing – Non-compliance with cross-compliance rules – Tolerance and leniency in sanctions – Flat-rate financial correction – Assessment of financial damage to the EU – Proportionality – Legitimate expectations
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Judgment of the General Court (Seventh Chamber) of 8 July 2020 ECLI:EU:T:2020:325 |
Case T-138/19 WH v EUIPO
Civil service – Public officials – 2018 promotion exercise – Decision not to promote – Action for annulment – Disregard of the procedural requirements – Articles 76 and 78(6) of the Rules of Procedure of the General Court – Admissibility – Rights of the defence – Obligation to state reasons – Comparison of the merits
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Judgment of the General Court (Fourth Chamber) of 8 July 2020 ECLI:EU:T:2020:316 |
Case T-328/19 Scorify v EUIPO – Scor (SCORIFY)
EU trade mark – Opposition proceedings – Application for EU figurative mark SCORIFY – Earlier EU word mark SCOR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 8 July 2020 ECLI:EU:T:2020:311 (Appeal: Case before the Court of Justice C-418/20 P) |
Case T-533/19 Artur Florêncio & Filhos, Affsports v EUIPO – Anadeco Gestion (sflooring)
EU trade mark – Opposition proceedings – Application for EU figurative mark sflooring – Earlier national word mark T-FLOORING – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 8 July 2020 ECLI:EU:T:2020:323 |
Case T-605/19 EP v Commission
Civil service – Officials – 2018 promotion exercise – Decision not to promote – Article 45 of the Staff Regulations – Obligation to state reasons – Consideration of comparative merits
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Judgment of the General Court (Seventh Chamber) of 8 July 2020 ECLI:EU:T:2020:326 |
Case T-633/19 Essential Export v EUIPO – Shenzhen Liouyi International Trading (TOTU)
EU trade mark – Opposition proceedings – Application for a figurative EU trade mark allegedly containing the word element ‘TOTU’ and coloured red and black – Earlier EU trade marks TOTTO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 8 July 2020 ECLI:EU:T:2020:312 |
Case T-659/19 FF Group Romania v EUIPO – KiK Textilien und Non-Food (_kix)
EU trade mark – Opposition proceedings – Application for European Union figurative mark _kix – Earlier national word mark kik – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the mark – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 8 July 2020 ECLI:EU:T:2020:328 |
Case T-686/19 Euroapotheca v EUIPO – General Nutrition Investment (GNC LIVE WELL)
EU trade mark – Revocation proceedings – EU word mark GNC LIVE WELL – Obligation to state reasons – First sentence of Article 94(1) of Regulation (EU) 2017/1001 – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 8 July 2020 ECLI:EU:T:2020:320 |
Case T-696/19 Teva Pharmaceutical Industries v EUIPO (Moins de migraine pour vivre mieux)
EU trade mark – Application for EU word mark Moins de migraine pour vivre mieux – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 8 July 2020 ECLI:EU:T:2020:329 |
Case T-697/19 Teva Pharmaceutical Industries v EUIPO (Weniger Migräne. Mehr vom Leben.)
EU trade mark – Application for EU word mark Weniger Migräne. Mehr vom Leben. – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 8 July 2020 ECLI:EU:T:2020:330 |
Case T-729/19 Dinamo v EUIPO (Favorit)
EU trade mark – Application for EU word mark Favorit – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 8 July 2020 ECLI:EU:T:2020:314 |
Case T-800/19 Austria Tabak v EUIPO – Mignot & De Block (AIR)
EU trade mark – Revocation proceedings – European Union word mark AIR – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character
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Judgment of the General Court (Sixth Chamber) of 8 July 2020 ECLI:EU:T:2020:324 |
Case T-616/19 Katjes Fassin v EUIPO – Haribo The Netherlands & Belgium (WONDERLAND)
Action for annulment – EU trade mark – Opposition proceedings – Application for European Union word mark WONDERLAND – Earlier Benelux word mark WONDERMIX – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 10 July 2020 ECLI:EU:T:2020:334 (Appeal: Case before the Court of Justice C-446/20 P) |
Case T-619/19 KF v CSUE
Action for annulment and for damages – Staff of SatCen – Members of the contract staff – Jurisdiction of the EU Courts – Common foreign and security policy – Decision to launch administrative investigations in respect of the applicant pursuant to a judgment of the General Court – Acts adversely affecting an official – Claim for interest on a sum awarded by the General Court as compensation for the harm suffered – Article 76(d) of the Rules of Procedure – Action manifestly inadmissible
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Order of the General Court (Seventh Chamber) of 10 July 2020 ECLI:EU:T:2020:337 (Appeal: Case before the Court of Justice C-464/20 P) |
Case T-640/19 Sasol Germany and Others v ECHA
Action for annulment – REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Objection of inadmissibility – Act not open to challenge – Act merely implementing the decision – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Eighth Chamber) of 14 July 2020 ECLI:EU:T:2020:336 |
Case T-371/19 Itinerant Show Room v EUIPO – Save the Duck (FAKE DUCK)
EU trade mark – Opposition proceedings – Application for European Union figurative mark FAKE DUCK – Earlier European Union figurative mark SAVE THE DUCK – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods or services – Similarity of the signs – Global assessment of likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 15 July 2020 ECLI:EU:T:2020:339 |
Case T-838/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 July 2020 ECLI:EU:T:2020:343 |
Case T-839/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 July 2020 ECLI:EU:T:2020:344 |
Case T-840/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 July 2020 ECLI:EU:T:2020:342 |
Case T-841/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 July 2020 ECLI:EU:T:2020:341 |
Case T-842/19 Koopman International v EUIPO – Tinnus Enterprises and Mystic Products (Fluid distribution equipment)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Suspension of the proceedings before the Board of Appeal – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 July 2020 ECLI:EU:T:2020:345 |
Case T-377/20 R KN v EESC
Application for interim relief – Civil service – Member of the EESC – Harassment – OLAF investigation – EESC Bureau decision – Application for suspension of operation of a measure – Lack of urgency
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Order of the President of the Seventh Chamber of the General Court of 22 July 2020 ECLI:EU:T:2020:353 |
Case T-715/19 R Wagenknecht v European Council
Application for interim measures — Dismissal of the main action — No need to adjudicate
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Order of the President of the General Court of 23 July 2020 ECLI:EU:T:2020:358 |
August 2020
Information (on unpublished decisions)
Case T-552/19 OP Malacalza Investimenti v ECB
Public access to documents of the institutions – Opposition – Stay of execution of the judgment by default
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Order of the General Court (Fourth Chamber) of 5 August 2020 ECLI:EU:T:2020:362 |
Case T-162/20 R Indofil Industries (Netherlands) v EFSA
Interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Publication of the conclusion on the review conducted by EFSA regarding the reconsideration of the approval of the active substance mancozeb – Request for certain passages to be treated as confidential – Refusal to grant confidential treatment – Application for interim measures – No prima facie case
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Order of the President of the General Court of 12 August 2020 ECLI:EU:T:2020:366 |
Case T-190/19 BF v Commission
Action for failure to act – State aid – Operation of water supply and sanitation facilities – Preliminary examination of alleged State aid granted by the German authorities – Second invitation to act – Commission’s position – Second subparagraph of Article 12(1) of Regulation (EU) 2015/1589 – Article 24(2) of Regulation 2015/1589 – Time limit for bringing an action – Manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 17 August 2020 ECLI:EU:T:2020:368 |
Case T-358/20 R Net Technologies Finland v REA
Interim measures – Grant agreement concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Reimbursement of sums paid – Debit notes – Application for suspension of operation – No urgency
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Order of the President of the General Court of 18 August 2020 ECLI:EU:T:2020:369 |
Case T-755/18 FL Brüterei M-V and Others v Commission
Action for annulment and for damages – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Lack of direct concern – No sufficiently serious breach of a rule of law conferring rights on individuals – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber, Extended Composition) of 20 August 2020 ECLI:EU:T:2020:370 (Appeal: Case before the Court of Justice C-540/20 P) |
September 2020
Case T-381/15 RENV IMG v Commission
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 9 September 2020
ECLI:EU:T:2020:406 (Appeal: Case before the Court of Justice C-620/20 P) |
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Case T-437/16 Italy v Commission
Rules on languages – Notice of open competition for the recruitment of administrators in the field of audit – Knowledge of languages – Limitation of the choice of the second competition language to English, French and German – Language of communication – Regulation No 1 – Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service – Proportionality
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber) of 9 September 2020
ECLI:EU:T:2020:410 (Appeal: Case before the Court of Justice C-623/20 P) |
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Case T-626/17 Slovenia v Commission
Agriculture – Regulation (EU) No 1308/2013 – Designations of origin in the wine sector – Wine labelling – Use of the name of a wine grape variety which contains or consists of a protected designation of origin – Prohibition – Exception – Delegated Regulation (EU) 2017/1353 – Inclusion of the name of the ‘Teran’ wine grape variety in the list set out in Part A of Annex XV to Regulation (EC) No 607/2009 – Retroactive effect from the date of the accession of the Republic of Croatia to the European Union – Slovenian protected designation of origin ‘Teran’ – Legal certainty – Legitimate expectations – Proportionality – Right to property – Act concerning the conditions of accession of Croatia to the European Union – Interinstitutional Agreement on Better Law-Making – Institutional balance
Language of the case: Slovene
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 September 2020
ECLI:EU:T:2020:402 |
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Case T-745/17 Kerkosand v Commission
State aid – Aid for an investment project in western Slovakia – Regional investment aid – Dismissal of a complaint – Decision not to raise any objections – Conditions for exemption – Article 14 of Regulation (EU) No 651/2014 – Scope of the Commission’s supervisory power – Guidelines on regional State aid for 2014-2020 – Concept of SME – Article 3(2) and (3) of Annex I to Regulation No 651/2014 – Data used for the staff headcount and the financial amounts and reference period – Article 4 of Annex I to Regulation No 651/2014 – Doubts as to the compatibility of the aid with the internal market – Article 4(4) of Regulation (EU) 2015/1589 – Serious difficulties
Language of the case: German
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Judgment of the General Court (Third Chamber) of 9 September 2020
ECLI:EU:T:2020:400 |
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Cases T-150/18 and T-345/18 BNP Paribas v ECB
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020
ECLI:EU:T:2020:394 |
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Case T-246/19 Cambodia and CRF v Commission
Action for annulment – Imports of Indica rice originating in Cambodia and Myanmar/Burma – Safeguard measures – Implementing Regulation (EU) 2019/67 – Locus standi – Interest in bringing proceedings – Rejection of the plea of inadmissibility
Language of the case: English
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Order of the General Court (Fifth Chamber, Extended Composition) of 10 September 2020
ECLI:EU:T:2020:415 |
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Joined Cases T-515/13 RENV and T-719/13 RENV Spain and Others v Commission
State aid – Aid granted by the Spanish authorities to certain economic interest groupings (EIGs) and their investors – Tax provisions applicable to certain finance lease agreements for the acquisition of vessels (Spanish Tax Lease System) – Decision declaring the aid incompatible in part with the internal market and ordering its partial recovery – Selectivity – Obligation to state reasons – Recovery of aid – Equal treatment – Legitimate expectations – Legal certainty
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 23 September 2020
ECLI:EU:T:2020:434 (Appeal: Case before the Court of Justice C-662/20 P) (Appeal: Case before the Court of Justice C-658/20 P) (Appeal: Case before the Court of Justice C-649/20 P) |
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Case T-796/16 CEDC International v EUIPO – Underberg (Shape of a blade of grass in a bottle)
EU trade mark – Opposition proceedings – Application for an EU three-dimensional mark – Shape of a blade of grass in a bottle – Earlier three-dimensional national mark – Genuine use of the earlier mark – Article 15(1) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 18(1) and Article 47(2) and (3) of Regulation (EU) 2017/1001) – Nature of use – Alteration of distinctive character – Use in conjunction with other marks – Scope of the protection – Requirement for clarity and precision – Requirement for the description and the representation to align with one another – Decision taken following annulment of an earlier decision by the General Court – Reference to the ground of an earlier annulled decision – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 23 September 2020 (Extracts)
ECLI:EU:T:2020:439 (Appeal: Case before the Court of Justice C-639/20 P) |
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Case T-411/17 Landesbank Baden-Württemberg v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Right to effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 23 September 2020
ECLI:EU:T:2020:435 (Appeal: Case before the Court of Justice C-621/20 P) (Appeal: Case before the Court of Justice C-584/20 P) |
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Case T-421/18 Bauer Radio v EUIPO – Weinstein (MUSIKISS)
EU trade mark – Opposition proceedings – Application for EU word mark MUSIKISS – Earlier United Kingdom word and figurative marks KISS – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom – Transition period – Decision of the Board of Appeal to remit the case to the Opposition Division – Admissibility – 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)
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 23 September 2020 (Extracts)
ECLI:EU:T:2020:433 |
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Case T-510/18 Kaddour v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Right to property – Proportionality – Damage to reputation – Determination of listing criteria
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 23 September 2020 (Extracts)
ECLI:EU:T:2020:436 |
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Case T-338/19 UE v Commission
Civil service – Temporary members of staff – Health problems alleged to be caused by working conditions – Request for recognition of an occupational disease – Article 73 of the Staff Regulations – Right to be heard – Article 41 of the Charter of Fundamental Rights – Obligation for the person concerned to be heard before the original decision
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 23 September 2020
ECLI:EU:T:2020:430 |
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Case T-370/19 Spain v Commission
External relations – Technical cooperation – Electronic communications – Regulation (EU) 2018/1971 – Body of European Regulators for Electronic Communications – Article 35(2) of Regulation 2018/1971 – Participation of regulatory authorities of third countries in that body – Participation of the national regulatory authority of Kosovo – Concept of third country – Error of law
Language of the case: Spanish
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Judgment of the General Court (Ninth Chamber) of 23 September 2020
ECLI:EU:T:2020:440 (Appeal: Case before the Court of Justice C-632/20 P) |
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Case T-549/19 Medac Gesellschaft für klinische Spezialpräparate v Commission
Medicinal products for human use – Orphan medicinal products – Application for marketing authorisation for the medicinal product Trecondi-treosulfan – Decision to remove a medicinal product from the Register of Orphan Medicinal Products – Article 3(1)(b) of Regulation (EC) No 141/2000 – Concept of ‘satisfactory method’ – Article 5(12)(b) of Regulation No 141/2000 – Error of law
Language of the case: German
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Judgment of the General Court (Tenth Chamber) of 23 September 2020 (Extracts)
ECLI:EU:T:2020:444 |
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Case T-557/19 Seven v EUIPO (7Seven)
EU trade mark – EU figurative mark 7Seven – No request for renewal of the registration of the trade mark – Cancellation of the mark on expiry of the registration – Article 53 of Regulation (EU) 2017/1001 – Application for restitutio in integrum submitted by a licensee – Article 104(1) of Regulation 2017/1001 – Duty of due care
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 23 September 2020
ECLI:EU:T:2020:450 |
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Information (on unpublished decisions)
Case T-613/19 ENIL Brussels Office and Others v Commission
Action for annulment – ERDF – Operational programme ‘Regions in Growth’ – Priority Axis 5 (Regional social infrastructure) – Grant intended to support the deinstitutionalisation of services for elderly people and people with disabilities – Refusal to suspend the call for proposals at the request of organisations for the defence and representation of people with disabilities – Act not open to challenge – Inadmissibility
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Order of the General Court (Seventh Chamber) of 2 September 2020 ECLI:EU:T:2020:382 (Appeal: Case before the Court of Justice C-622/20 P) |
Case T-801/19 DTE Systems v EUIPO – Speed-Buster (PedalBox +)
Action for annulment – EU trade mark – Invalidity proceedings – EU word mark PedalBox + – Absolute ground for refusal – Descriptive character – Misuse of rights – Article 7(1)(c) of Regulation (EC) No 207/2009 – Action manifestly unfounded in law
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Order of the General Court (Fifth Chamber) of 2 September 2020 ECLI:EU:T:2020:383 |
Case T-131/20 IR v Commission
Civil service – Officials – Rights and obligations of officials – Secondment in the interests of the service – Article 37, first paragraph, heading (a), first indent, of the Staff Regulations – Article 38 of the Staff Regulations – Refusal to extend a secondment – Duty to have regard for the welfare of officials – Rights of the defence
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Judgment of the General Court (First Chamber) of 2 September 2020 ECLI:EU:T:2020:381 |
Case T-401/16 and T-443/16 Spain and Italy v Commission
Language regime – Notice of open competitions for the recruitment of Investigators and Team leaders – Language skills – Limitation of the choice of second language in the competitions to German, English and French – Eliminatory language-comprehension test in English – Language of communication – Regulation No 1 – Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service – Proportionality
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Judgment of the General Court (Ninth Chamber) of 9 September 2020 ECLI:EU:T:2020:409 (Appeal: Case before the Court of Justice C-635/20 P) |
Case T-143/18 Société générale v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020 ECLI:EU:T:2020:389 |
Case T-144/18 Crédit agricole and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020 ECLI:EU:T:2020:390 |
Case T-145/18 Confédération nationale du Crédit mutuel and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020 ECLI:EU:T:2020:391 |
Case T-146/18 BPCE and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020 ECLI:EU:T:2020:392 |
Case T-149/18 Arkéa Direct Bank and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments – Tasks entrusted to the ECB – Specific supervision powers of the ECB – Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 – Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital – Absence of individual examination
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Judgment of the General Court (Second Chamber, Extended Composition) of 9 September 2020 ECLI:EU:T:2020:393 |
Case T-565/18 P. Krücken Organic v Commission
Institutional law – Action for damages – Conditions in which the European Union incurs non-contractual liability – Arrangements for imports of organic products from third countries – Private inspection body – Concept of appropriate supervision within the meaning of Article 33(3) of Regulation (EC) No 834/2007 – Regulation (EC) No 1235/2008 – Attributability of conduct
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Judgment of the General Court (First Chamber) of 9 September 2020 ECLI:EU:T:2020:395 (Appeal: Case before the Court of Justice C-586/20 P) |
Case T-46/19 Greece v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Integrated administration and control system – Key controls – Regulation No 1306/2013 – Duty to state reasons
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Judgment of the General Court (First Chamber) of 9 September 2020 ECLI:EU:T:2020:396 |
Case T-50/19 Casual Dreams v EUIPO – López Fernández (Dayaday)
EU trade mark – Opposition proceedings – Application for EU figurative mark Dayaday – Earlier national figurative marks DAYADAY and dayaday – Relative grounds for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Likelihood of confusion – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
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Judgment of the General Court (Ninth Chamber) of 9 September 2020 ECLI:EU:T:2020:407 |
Case T-144/19 Kludi v EUIPO – Adlon Brand (ADLON)
EU trade mark – Opposition proceedings – Application for EU word mark ADLON – Earlier EU word mark ADLON – Proof of the reputation of the earlier mark – Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) – Temporal application of the law – Late submission of documents – Board of Appeal’s discretion – Article 95(2) of Regulation (EU) 2017/1001 – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation 2017/1001 – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark
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Judgment of the General Court (Sixth Chamber) of 9 September 2020 ECLI:EU:T:2020:404 |
Case T-187/19 Glaxo Group v EUIPO (Shade of the colour purple )
EU trade mark – Application for an EU trade mark consisting of a shade of the colour purple – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 9 September 2020 ECLI:EU:T:2020:405 |
Case T-589/19 Gothe and Kunz v EUIPO – Aldi Einkauf (FAIR ZONE)
EU trade mark – Opposition proceedings – Application for EU word mark FAIR ZONE – Earlier EU word mark FAIR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 9 September 2020 ECLI:EU:T:2020:397 |
Case T-625/19 Daw v EUIPO (SOS Innenfarbe)
EU trade mark – Application for EU word mark SOS Innenfarbe – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptiveness – Article 7(1)(c) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 9 September 2020 ECLI:EU:T:2020:398 |
Case T-626/19 Daw v EUIPO (SOS Loch- und Rissfüller)
EU trade mark – Application for EU word mark SOS Loch- und Rissfüller – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 9 September 2020 ECLI:EU:T:2020:399 |
Case T-645/19 IMG v Commission
Action for annulment – Development cooperation – Implementing the EU budget in indirect management – Execution of a judgment of the Court of Justice – Commission letter requesting that certain documents be provided – Act not open to challenge – Preparatory measure – Inadmissibility – Action for damages – Close link with the claim for annulment – Lis pendens – Inadmissibility – Failure to comply with procedural requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
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Order of the General Court (Seventh Chamber) of 9 September 2020 ECLI:EU:T:2020:388 (Appeal: Case before the Court of Justice C-619/20 P) |
Case T-669/19 Novomatic v EUIPO – Brouwerij Haacht (PRIMUS)
EU trade mark – Opposition proceedings – Application for European Union word mark PRIMUS – Earlier EU word mark PRIMUS – Earlier Benelux word mark PRIMUS – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 9 September 2020 ECLI:EU:T:2020:408 |
Case T-879/19 Sumol + Compal Marcas v EUIPO – Jacob (Dr. Jacob's essentials)
EU trade mark – Opposition proceedings – Application for EU figurative mark Dr. Jacob’s essentials – Earlier international word mark COMPAL ESSENCIAL – Earlier national and international figurative marks FRUTA essencial, COMPAL essencial and Compal FRUTA essencial – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 9 September 2020 ECLI:EU:T:2020:401 |
Case T-81/20 Klose v EUIPO (Representation of three coloured segments in a rectangle)
EU trade mark – Application for an EU figurative mark representing three coloured segments in a rectangle – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 9 September 2020 ECLI:EU:T:2020:403 (Appeal: Case before the Court of Justice C-600/20 P) |
Case T-529/19 ADESO v Commission
Action for annulment – Grant contracts relating to the projects ‘Your Environment is Your Life’ and ‘Social Safety Net for Poor and Vulnerable Households in Northern Regions of Somalia/Somaliland Phase II’ – Non-eligible costs – Debit notes – Confirmation letter – Challengeable act – Contractual nature of the dispute – Act not open to challenge – Act forming part of a purely contractual framework from which it is inseparable – Inadmissibility
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Order of the General Court (First Chamber) of 10 September 2020 ECLI:EU:T:2020:411 |
Case T-381/20 R Datax v REA
Interim measures – Grant agreements concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Reimbursement of sums paid – Application for interim measures – No urgency
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Order of the President of the General Court of 11 September 2020 ECLI:EU:T:2020:414 |
Case T-414/17 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Limitation of the temporal effects of the judgment
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 23 September 2020 ECLI:EU:T:2020:437 (Appeal: Case before the Court of Justice C-663/20 P) |
Case T-420/17 Portigon v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Limitation of the temporal effects of the judgment
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 23 September 2020 ECLI:EU:T:2020:438 (Appeal: Case before the Court of Justice C-664/20 P) |
Cases T-77/18 and T-567/18 VE v ESMA
Civil service – Members of the temporary staff – Contract for an indefinite period – Appraisal report – 2016 appraisal exercise – Plea of illegality relating to the appraisal manual – Manifest error of assessment – Assessment of activities undertaken as staff representative – Procedural irregularity – Termination of the employment contract – Insufficient performance during a period of two years
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Judgment of the General Court (Sixth Chamber) of 23 September 2020 ECLI:EU:T:2020:420 |
Case T-408/18 Aristoteleio Panepistimio Thessalonikis v EACEA
Arbitration clause – Grant agreement entered into under Erasmus Mundus action programme No 3 for the promotion of higher education – Grant agreement entered into under the programme for lifelong learning – Eligible costs – Debit notes – Repayment of part of the sums advanced – Contractual liability
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Judgment of the General Court (Fourth Chamber) of 23 September 2020 ECLI:EU:T:2020:431 |
Case T-433/18 Bax v ECB
Civil service – ECB staff – Career transition support – Eligibility – Legal certainty – Equal treatment – Legitimate expectations – Duty of care – Discrimination on grounds of sex – Proportionality – Liability
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Judgment of the General Court (First Chamber) of 23 September 2020 ECLI:EU:T:2020:418 |
Case T-596/18 ZL v EUIPO
Civil service – Recruitment – Notice of competition – Decision not to place the applicant’s name on the reserve list for the competition – Obligation to state reasons – Rejection of the request for access to the multiple-choice questions asked in the admission tests – Secrecy of the selection board’s proceedings
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Judgment of the General Court (Fourth Chamber) of 23 September 2020 ECLI:EU:T:2020:442 |
Case T-36/19 PE Digital v EUIPO – Spark Networks Services (ElitePartner)
EU trade mark – Invalidity proceedings – Figurative EU trade mark ElitePartner – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Third Chamber) of 23 September 2020 ECLI:EU:T:2020:425 |
Case T-174/19 Vincenti v EUIPO
Civil service – Officials – Promotion – Promotion exercises 2014 to 2017 – Decision not to promote the applicant to the AST 8 grade – Right to be heard
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Judgment of the General Court (First Chamber) of 23 September 2020 ECLI:EU:T:2020:419 (Appeal: Case before the Court of Justice C-653/20 P) |
Case T-289/19 Arbuzov v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State respected the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 23 September 2020 ECLI:EU:T:2020:445 |
Case T-291/19 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 23 September 2020 ECLI:EU:T:2020:448 |
Case T-292/19 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 23 September 2020 ECLI:EU:T:2020:449 |
Case T-314/19 Fundación Tecnalia Research & Innovation v Commission
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Development and testing of sensor systems for quality and performance control in baking processes – Bread-Guard Project – Overlap of the project with another project financed under the same programme – Changes to the description of the tasks to be undertaken – Loss of the intellectual property rights required for the execution of the project – Overestimation of the number of people needed each month for the project – Beneficiaries’ duty to provide information – Serious misconduct – Termination by the Commission of the grant agreement
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Judgment of the General Court (First Chamber) of 23 September 2020 ECLI:EU:T:2020:421 |
Case T-401/19 Brillux v EUIPO – Synthesa Chemie (Freude an Farbe)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark Freude an Farbe in yellow, orange, red, pink, violet, blue, turquoise, dark green, light green and charcoal – Earlier figurative EU trade mark Glemadur Freude an Farbe – Relative grounds 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)
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Judgment of the General Court (Third Chamber) of 23 September 2020 ECLI:EU:T:2020:427 |
Case T-402/19 Brillux v EUIPO – Synthesa Chemie (Freude an Farbe)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark Freude an Farbe – Earlier EU figurative mark Glemadur Freude an Farbe – 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))
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Judgment of the General Court (Third Chamber) of 23 September 2020 ECLI:EU:T:2020:429 |
Case T-472/19 BASF v Commission
Medicinal products for human use – Marketing authorisation for medicinal products for human use containing omega-3 acid ethyl esters – Variation of the terms of the authorisation – First paragraph of Article 116 of Directive 2001/83/EC – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber) of 23 September 2020 ECLI:EU:T:2020:432 |
Case T-522/19 Aldi v EUIPO (BBQ BARBECUE SEASON)
EU trade mark – Application for the EU figurative mark BBQ BARBECUE SEASON – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 23 September 2020 ECLI:EU:T:2020:443 |
Case T-601/19 Osório & Gonçalves v EUIPO – Miguel Torres (in.fi.ni.tu.de)
EU trade mark – Opposition proceedings – Application for the figurative EU trade mark in.fi.ni.tu.de – Earlier national word mark INFINITE – Admissibility of evidence – Genuine use of the earlier mark – Article 47(2) and (3) and Article 95(1) of Regulation (EU) 2017/1001 – Proof of genuine use – Relative grounds for refusal – Article 8(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 23 September 2020 ECLI:EU:T:2020:422 |
Case T-608/19 Veronese Design Company v EUIPO – Veronese (VERONESE)
EU trade mark – Invalidity proceedings – EU figurative mark VERONESE – Earlier EU word mark VERONESE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 23 September 2020 ECLI:EU:T:2020:423 |
Case T-654/19 FF v Commission
Non-contractual liability – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Use of a photograph in a library of warnings with pictures to be used for tobacco products – Directive 2014/109/EU – Sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Sixth Chamber) of 23 September 2020 ECLI:EU:T:2020:426 |
Case T-677/19 Polfarmex v EUIPO – Kaminski (SYRENA)
EU trade mark – Revocation proceedings – EU word mark SYRENA – Genuine use of the mark – Extent of use – Proof of use – Articles 18(1) and 58(1)(a) and (2) of Regulation (EU) 2017/1001 – Duty to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 23 September 2020 ECLI:EU:T:2020:424 (Appeal: Case before the Court of Justice C-626/20 P) |
Case T-727/19 Basaglia v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents concerning certain projects in the context of the eTEN programme and of the fifth and sixth framework programmes for research and technological development – Restriction of the request for access – Partial refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of the commercial interests of a third party – Overriding public interest – Obligation to carry out a specific and individual examination
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Judgment of the General Court (Tenth Chamber) of 23 September 2020 ECLI:EU:T:2020:446 |
Case T-737/19 Huevos Herrera Mejías v EUIPO – Montesierra (MontiSierra HUEVOS CON SABOR A CAMPO)
EU trade mark – Opposition proceedings – Application for EU figurative mark MontiSierra HUEVOS CON SABOR A CAMPO – Earlier EU and national word marks MONTESIERRA – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Similarity between signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 23 September 2020 ECLI:EU:T:2020:428 |
Case T-738/19 Clouds Sky v EUIPO – The Cloud Networks (Wi-Fi Powered by The Cloud)
EU trade mark – Invalidity proceedings – EU figurative mark Wi-Fi Powered by The Cloud – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 23 September 2020 ECLI:EU:T:2020:441 |
Case T-869/19 Tetra v EUIPO – Neusta next (Wave)
EU trade mark – Invalidity proceedings – EU word mark Wave – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 23 September 2020 ECLI:EU:T:2020:447 |
October 2020
Joined Cases T-479/11 RENV and T-157/12 RENV France and IFP Énergies nouvelles v Commission
State aid – Oil exploration – State aid scheme implemented by France – Implied and unlimited State guarantee conferred on IFPEN by the grant of the status of EPIC – Advantage – Presumption of an advantage – Proportionality
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 5 October 2020
ECLI:EU:T:2020:461 |
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Case T-249/17 Casino, Guichard-Perrachon and AMC v Commission
Competition – Agreements, decisions and concerted practices – Administrative procedure – Decision ordering an inspection – Plea of illegality of Article 20 of Regulation (EC) No 1/2003 – Right to an effective remedy – Equality of arms – Obligation to state reasons – Right to the inviolability of the home – Sufficiently serious indicia – Proportionality
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 5 October 2020
ECLI:EU:T:2020:458 (Appeal: Case before the Court of Justice C-690/20 P) |
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Case T-255/17 Les Mousquetaires and ITM Entreprises v Commission
Competition – Agreements, decisions and concerted practices – Administrative procedure – Decisions ordering an inspection – Plea of illegality against Article 20 of Regulation (EC) No 1/2003 – Right to an effective remedy – Obligation to state reasons – Right to inviolability of the home – Sufficiently strong evidence – Proportionality – Action for annulment – Complaints relating to manner of conducting the inspection – Refusal to protect the confidentiality of data relating to private life – Inadmissibility
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 5 October 2020 (Extracts)
ECLI:EU:T:2020:460 (Appeal: Case before the Court of Justice C-682/20 P) |
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Case T-380/17 HeidelbergCement and Schwenk Zement v Commission
Competition – Concentrations – Market for grey cement in Croatia – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Undertakings concerned – Relevant market – Substantial part of the internal market – Assessment of the effects of the transaction on competition – Commitments – Rights of the defence – Partial referral to the national authorities
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 5 October 2020 (Extracts)
ECLI:EU:T:2020:471 |
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Case T-18/19 Brown v Commission
Civil service – Officials – Official with United Kingdom nationality at the date of entering the service – Withdrawal of the United Kingdom from the European Union – Acquisition of the nationality of the country of employment during the course of a career – Loss of the expatriation allowance – Equal treatment – Principle of non-discrimination – Article 4(1) of Annex VII to the Staff Regulations
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 5 October 2020
ECLI:EU:T:2020:465 (Appeal: Case before the Court of Justice C-675/20 P) |
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Joined Cases T-389/19 to T-394/19, T-397/19, T-398/19, T-403/19, T-404/19, T-406/19, T-407/19, T-409/19 to T-414/19, T-416/19 to T-418/19, T-420/19 to T-422/19, T-425/19 to T-427/19, T-429/19 to T-432/19, T-435/19, T-436/19, T-438/19 to T-442/19, T-444/19 to T-446/19, T-448/19, T-450/19 to T-454/19, T-463/19 and T-465/19 Coppo Gavazzi and Others v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Chamber of Deputies, Italy) of Decision No 14/2018 on pensions – Alteration in the amounts of the pensions of Italian national Members of Parliament – Corresponding alteration, by the European Parliament, in the amounts of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the authority which adopted the measure – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equality of treatment
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 15 October 2020
ECLI:EU:T:2020:494 (Appeal: Case before the Court of Justice C-725/20 P) |
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Case T-151/18 Ben Ali v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Tunisia – Measures taken against persons responsible for misappropriation of State funds and associated persons and entities – List of persons, entities and bodies covered by the freezing of funds – Maintenance of the applicant’s name on the list – Rights of the defence – Right to effective judicial protection – Obligation to adjudicate within a reasonable time – Sufficient factual basis – Time limits for bringing proceedings – Legal aid – Suspensive effect – Admissibility – Conditions
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 28 October 2020
ECLI:EU:T:2020:514 |
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Case T-273/19 Target Ventures Group v EUIPO – Target Partners (TARGET VENTURES)
EU trade mark – Invalidity proceedings – EU word mark TARGET VENTURES – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Third Chamber) of 28 October 2020
ECLI:EU:T:2020:510 |
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Information (on unpublished decisions)
Case T-254/17 Intermarché Casino Achats v Commission
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 5 October 2020 ECLI:EU:T:2020:459 (Appeal: Case before the Court of Justice C-693/20 P) |
Case T-583/18 GVN v Commission
State aid – Public transport of passengers – Offsetting of the costs involved in the performance of public service obligations – Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility – Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) – Decision not to raise objections – Article 3(2) and (3) of Regulation (EC) No 1370/2007 – Transfer of financial resources from a Land to transport authorities at municipal level – Concept of aid
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Judgment of the General Court (Fifth Chamber) of 5 October 2020 ECLI:EU:T:2020:466 (Appeal: Case before the Court of Justice C-666/20 P) |
Case T-597/18 Hermann Albers v Commission
State aid – Public transport of passengers – Offsetting of the costs involved in the performance of public service obligations – Obligation to establish maximum tariffs for pupils, students, apprentices and persons with reduced mobility – Article 7a of the Niedersächsisches Nahverkehrsgesetz (Law on local transport of the Land of Lower Saxony) – Decision not to raise objections – Article 3(2) and (3) of Regulation (EC) No 1370/2007 – Transfer of financial resources from a Land to transport authorities at municipal level – Concept of aid – Obligation to notify
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Judgment of the General Court (Fifth Chamber) of 5 October 2020 ECLI:EU:T:2020:467 (Appeal: Case before the Court of Justice C-656/20 P) |
Case T-51/19 Laboratorios Ern v EUIPO – SBS Bilimsel Bio Çözümler (apiheal)
EU trade mark – Opposition proceedings – Application for EU figurative mark apiheal – Earlier national word mark APIRETAL – Relative grounds for refusal – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 5 October 2020 ECLI:EU:T:2020:468 (Appeal: Case before the Court of Justice C-667/20 P) |
Case T-53/19 SBS Bilimsel Bio Çözümler v EUIPO – Laboratorios Ern (apiheal)
EU trade mark – Opposition proceedings – Application for EU figurative mark apiheal – Earlier national word mark APIRETAL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 5 October 2020 ECLI:EU:T:2020:469 (Appeal: Case before the Court of Justice C-678/20 P) |
Case T-87/19 Broughton v Eurojust
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Judgment of the General Court (Fourth Chamber) of 5 October 2020 ECLI:EU:T:2020:464 |
Case T-264/19 nanoPET Pharma v EUIPO – Miltenyi Biotec (viscover)
EU trade mark – Invalidity proceedings – EU figurative mark viscover – Absence of bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) No 2017/1001) – Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 5 October 2020 ECLI:EU:T:2020:470 |
Case T-487/19 CU v Comittee of the Regions
Civil service – Officials – Basic monthly salaries of officials recruited before 1 May 2004 – Application of a multiplication factor of less than one – Reduction of the multiplication factor – Error of law – Equal treatment – Legitimate expectations
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Judgment of the General Court (First Chamber) of 5 October 2020 ECLI:EU:T:2020:462 |
Case T-602/19 Eugène Perma France v EUIPO – SPI Investments Group (NATURANOVE)
European Union trade mark – Opposition proceedings – Application for the EU word mark NATURANOVE – Earlier EU word mark NATURALIUM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 5 October 2020 ECLI:EU:T:2020:463 |
Case T-847/19 X-cen-tek v EUIPO – Altenloh, Brinck & Co. (PAX)
EU trade mark – Opposition proceedings – Application for EU word mark PAX – Earlier EU and international figurative marks SPAX – Relative ground for refusal – Dominant element – No counteraction – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Application of the law ratione temporis
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Judgment of the General Court (Ninth Chamber) of 5 October 2020 ECLI:EU:T:2020:472 |
Case T-180/20 Sharpston v Council and Conference of the Representatives of the Governments of the Member States
Action for annulment – Withdrawal of the United Kingdom from the European Union – Declaration by the Conference of the Representatives of the Governments of the Member States on the consequences of the withdrawal of the United Kingdom from the European Union for the Advocates General of the Court of Justice – Act not open to challenge – Inadmissibility
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Order of the General Court (Second Chamber) of 6 October 2020 ECLI:EU:T:2020:473 (Appeal: Case before the Court of Justice C-684/20 P) |
Case T-184/20 Sharpston v Court of Justice of the European Union
Action for annulment – Withdrawal of the United Kingdom from the European Union – Letter from the President of the Court of Justice inviting the Member States to provide for the appointment of an Advocate General – Act not open to challenge – Inadmissibility
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Order of the General Court (Second Chamber) of 6 October 2020 ECLI:EU:T:2020:474 |
Case T-550/20 Sharpston v Council and Conference of the Representatives of the Governments of the Member States
Action for annulment – Withdrawal of the United Kingdom from the European Union – Decision of the Representatives of the Governments of the Member States to appoint an Advocate General to the Court of Justice – Act not open to challenge – Manifest inadmissibility
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Order of the General Court (Second Chamber) of 6 October 2020 ECLI:EU:T:2020:475 (Appeal: Case before the Court of Justice C-685/20 P) |
Case T-307/18 Zhejiang Jiuli Hi-Tech Metals v Commission
Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in China – Imposition of a definitive anti-dumping duty – Rights of the defence – Calculation of the dumping margin – Analogue country – Injury – Causal link
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Judgment of the General Court (Sixth Chamber) of 15 October 2020 ECLI:EU:T:2020:487 (Appeal: Case before the Court of Justice C-718/20 P) |
Case T-316/18 První novinová společnost v Commission
State aid – Postal sector – Universal service obligation – Decision not to raise any objections – Safeguarding procedural rights – Duration of the procedure – Complete and sufficient examination of the case by the Commission – Compensation for the discharge of the universal service obligation – Service of general economic interest – Directive 97/67/EC – Net avoided cost methodology – Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 15 October 2020 ECLI:EU:T:2020:489 |
Case T-48/19 smart things solutions v EUIPO – Samsung Electronics (smart:)things)
EU trade mark – Invalidity proceedings – EU figurative mark smart:)things – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Article 59(1)(a) of Regulation 2017/1001 – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 15 October 2020 ECLI:EU:T:2020:483 (Appeal: Case before the Court of Justice C-681/20 P) |
Case T-249/19 Karpeta-Kovalyova v Commission
Civil service – Members of the contract staff – Remuneration – Decision refusing entitlement to the expatriation allowance, the daily subsistence allowance, the installation allowance and to reimbursement of removal expenses and travel costs on taking up duties – Article 4(1)(a) of Annex VII to the Staff Regulations – Diplomatic status – Five-year reference period – Concept of ‘habitual residence’
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Judgment of the General Court (Eighth Chamber) of 15 October 2020 ECLI:EU:T:2020:490 (Appeal: Case before the Court of Justice C-717/20 P) |
Case T-349/19 Decathlon v EUIPO – Athlon Custom Sportswear (athlon custom sportswear)
EU trade mark – Opposition proceedings – Application for EU figurative mark athlon custom sportswear – Earlier EU word mark DECATHLON – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 15 October 2020 ECLI:EU:T:2020:488 |
Case T-607/19 Itinerant Show Room v EUIPO (FAKE DUCK)
EU trade mark – Application for EU figurative mark FAKE DUCK – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Principles of equal treatment and legality
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Judgment of the General Court (Ninth Chamber) of 15 October 2020 ECLI:EU:T:2020:491 |
Case T-788/19 Body Attack Sports Nutrition v EUIPO – Sakkari (Sakkattack)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Sakkattack – Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 15 October 2020 ECLI:EU:T:2020:484 |
Case T-818/19 Dvectis CZ v EUIPO – Yado (Support pillow)
Community design – Invalidity proceedings – Registered community design representing a support pillow – Earlier Community design – Ground for invalidity – No individual character – Informed user – Degree of freedom of the designer – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 15 October 2020 ECLI:EU:T:2020:486 |
Case T-851/19 Body Attack Sports Nutrition v EUIPO – Sakkari (SAKKATTACK)
EU trade mark – Opposition proceedings – Application for the EU figurative mark SAKKATTACK – Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 15 October 2020 ECLI:EU:T:2020:485 |
Case T-2/20 Laboratorios Ern v EUIPO – Bio-tec Biologische Naturverpackungen (BIOPLAST BIOPLASTICS FOR A BETTER LIFE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark BIOPLAST BIOPLASTICS FOR A BETTER LIFE – Earlier national word mark BIOPLAK – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 15 October 2020 ECLI:EU:T:2020:493 |
Case T-38/20 Lotto24 v EUIPO (LOTTO24)
EU trade mark – Application for EU figurative mark LOTTO24 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Third Chamber) of 15 October 2020 ECLI:EU:T:2020:496 |
Case T-49/20 Rothenberger v EUIPO – Paper Point (ROBOX)
EU trade mark – Opposition proceedings – Application for the EU word mark ROBOX – Earlier EU word mark OROBOX – Relative ground for refusal – Likelihood of confusion – Independent subcategory of goods – Taking into consideration of a descriptive element – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 15 October 2020 ECLI:EU:T:2020:492 |
Case T-629/19 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling to hitch refrigeration or air conditioning equipment to a motor vehicle – Ground for invalidity – Failure to comply with the requirements for protection – Articles 4 to 9 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Extent of the examination carried out by the Board of Appeal – Pleas in law referring to the grounds of another decision – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 16 October 2020 ECLI:EU:T:2020:506 |
Case T-13/20 Valiante v Commission
Action for annulment – Civil Service – Officials – Internal competition COM/1/AD 10/18 (AD 10) – Submission of the application by means of the form provided for that purpose and referred to in Article 2 of Annex III to the Staff Regulations – Separate application to be admitted to the competition submitted at the same time to the appointing authority – Eligibility criteria – Selection board’s decision rejecting the applicant’s application – Appointing authority’s decision refusing the applicant’s request to disregard one of the conditions set out in the competition notice in order to admit him to the competition – Challenge to the appointing authority’s decision not that of the selection board – Legal interest in bringing proceedings – Inadmissibility
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Order of the General Court (Eighth Chamber) of 16 October 2020 ECLI:EU:T:2020:503 |
Case T-14/20 Tratkowski v Commission
Action for annulment – Civil service – Officials – Internal Competition COM/2/AD 12/18 (AD 12) – Submission of the application using the form provided for that purpose and referred to in Article 2 of Annex III to the Staff Regulations – Request to be admitted to the competition, lodged at the same time and on a separate sheet of paper, to the Appointing Authority – Eligibility conditions – Decision of the selection board to reject the applicant’s application – Rejection by the selection board of the candidate’s request for re-examination due to it being out of time – Decision of the Appointing Authority refusing to grant the applicant’s request to set aside one of the conditions provided for in the notice of competition in order to admit him to the competition – Challenge to the decision of the Appointing Authority and not to that of the selection board – Legal interest in bringing proceedings – Inadmissibility
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Order of the General Court (Eighth Chamber) of 16 October 2020 ECLI:EU:T:2020:502 |
Case T-377/20 RII KN v EESC
Application for interim measures – Civil Service – Member of the EESC – Harassment – OLAF investigation – EESC Bureau decision – Application for suspension of operation of a measure – New application – New facts – Lack of urgency
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Order of the President of the General Court of 19 October 2020 ECLI:EU:T:2020:505 |
Case T-805/19 Ultrasun v EUIPO (ultrasun)
EU trade mark – Application for EU figurative mark ultrasun – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 20 October 2020 ECLI:EU:T:2020:507 (Appeal: Case before the Court of Justice C-722/20 P) |
Case T-833/19 Grammer v EUIPO (Representation of a geometric figure)
Action for annulment – EU trade mark – Application for an EU figurative mark representing a geometric figure – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 22 October 2020 ECLI:EU:T:2020:509 |
Case T-594/18 Pharma Mar v Commission
Medicinal products for human use – Application for marketing authorisation for the medicinal product Aplidin – plitidepsin – Commission decision refusing authorisation – Regulation (EC) No 726/2004 – Scientific evaluation of the risks and benefits of a medicinal product – Committee for Medicinal Products for Human Use – Objective impartiality
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Judgment of the General Court (Sixth Chamber) of 28 October 2020 ECLI:EU:T:2020:512 (Appeal: Case before the Court of Justice C-16/21 P) (Appeal: Case before the Court of Justice C-6/21 P) |
Case T-583/19 Electrolux Home Products v EUIPO – D. Consult (FRIGIDAIRE)
EU trade mark – Revocation proceedings – EU word mark FRIGIDAIRE – Genuine use – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 28 October 2020 ECLI:EU:T:2020:511 |
Case T-857/19 Dehousse v Court of Justice of the European Union
Access to documents – Court of Justice of the European Union – Documents held by an institution in the exercise of its administrative functions – Article 266 TFEU – Decision adopted to give effect to a judgment of the General Court – Measures necessary to give effect to a judgment delivered in an action for annulment – Presumption of non-existence or non-possession of documents – Plausible explanations making it possible to determine the reasons for the non-existence or non-possession of documents – Obligation to state reasons – Retention of documentation – Principle of good administration
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Judgment of the General Court (Ninth Chamber) of 28 October 2020 ECLI:EU:T:2020:513 |
Case T-451/20 R Facebook Ireland v Commission
Interim proceedings – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for interim measures – Urgency – Prima facie case – Weighing of competing interests
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Order of the President of the General Court of 29 October 2020 ECLI:EU:T:2020:515 |
Case T-452/20 R Facebook Ireland v Commission
Interim proceedings – Competition – Request for information – Article 18(3) of Regulation (EC) No 1/2003 – Application for interim measures – Urgency – Prima facie case – Weighing of competing interests
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Order of the President of the General Court of 29 October 2020 ECLI:EU:T:2020:516 |
Case T-827/19 Gáspár v Commission
Action for annulment – Civil service – Transfer of national pension rights – Complaint brought after the expiry of the three-month period laid down in Article 90(2) of the Staff Regulations – No excusable error – Manifest inadmissibility
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Order of the General Court (Seventh Chamber) of 30 October 2020 ECLI:EU:T:2020:517 |
November 2020
Case T-271/10 RENV II H v Council
Common foreign and security policy – National staff member on secondment to the EUPM in Bosnia and Herzegovina – Redeployment decision – Misuse of powers – Interests of the service – Psychological harassment – Punitive nature of the redeployment – Liability – Non-material damage
Language of the case: English
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Judgment of the General Court (Third Chamber) of 18 November 2020
ECLI:EU:T:2020:548 |
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Case T-814/17 Lietuvos geležinkeliai v Commission
Competition – Abuse of a dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Calculation of the amount of the fine – 2006 Guidelines on the method for setting fines – Remedies – Proportionality – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 18 November 2020
ECLI:EU:T:2020:545 (Appeal: Case before the Court of Justice C-42/21 P) |
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Case T-735/18 Aquind v ACER
Energy – Article 17 of Regulation (EC) No 714/2009 – Decision of ACER refusing a request for exemption relating to new electrical interconnectors – Appeal before the Board of Appeal of ACER – Intensity of the review
Language of the case: English
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Judgment of the General Court (Second Chamber) of 18 November 2020
ECLI:EU:T:2020:542 (Appeal: Case before the Court of Justice C-46/21 P) |
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Case T-574/19 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 18 November 2020
ECLI:EU:T:2020:543 (Appeal: Case before the Court of Justice C-29/21 P) |
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Case T-166/19 Bronckers v Commission
Access to documents – Regulation (EC) No 1049/2001 – Agreement between the European Community and the United Mexican States on the mutual recognition and protection of designations for spirit drinks – Documents submitted within the framework of the Joint Committee – Refusal to grant access – Exception relating to the protection of the public interest in respect of international relations – Exception relating to the protection of the commercial interests of a third party
Language of the case: English
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Judgment of the General Court (First Chamber) of 25 November 2020
ECLI:EU:T:2020:557 |
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Case T-862/19 Brasserie St Avold v EUIPO (Shape of a dark bottle)
Language of the case: French
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Judgment of the General Court (Third Chamber) of 25 November 2020
ECLI:EU:T:2020:561 |
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Information (on unpublished decisions)
Case T-25/19 AD v ECHA
Civil service – Members of the temporary staff – Fixed-term contracts – Decision not to renew – Duty of care – Equal treatment – Manifest error of assessment – Misuse of powers – Right to be heard – Duty to state reasons – Liability
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Judgment of the General Court (First Chamber) of 11 November 2020 ECLI:EU:T:2020:536 |
Case T-173/19 AV and AW v Parliament
Civil service – Officials – Reimbursement of medical expenses – OLAF investigation – Article 85 of the Staff Regulations – Recovery of undue payments
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Judgment of the General Court (Seventh Chamber) of 11 November 2020 ECLI:EU:T:2020:535 |
Case T-820/19 Totalizator Sportowy v EUIPO – Lottoland Holdings (Lottoland)
EU trade mark – Invalidity proceedings – EU word mark Lottoland – Earlier national figurative marks LOTTO and Lotto – Earlier national word mark lotto – Declaration of partial invalidity – Relative ground for refusal – No damage to reputation – No link between the marks at issue – Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 11 November 2020 ECLI:EU:T:2020:538 |
Case T-849/19 RII Leonardo v Frontex
Interim measures – Public service contracts – Application for interim measures – New application – New facts – Lack of urgency
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Order of the President of the General Court of 11 November 2020 ECLI:EU:T:2020:539 |
Case T-25/20 Deutsche Post v EUIPO – Pošta Slovenije (Representation of a stylised horn)
EU trade mark – Opposition proceedings – Application for registration of an EU figurative mark representing a stylised horn – Earlier EU figurative mark representing a post horn on a yellow background – Relative ground for refusal – No likelihood of confusion – Similarity of the signs – Lack of distinctive character of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 11 November 2020 ECLI:EU:T:2020:537 (Appeal: Case before the Court of Justice C-5/21 P) |
Case T-646/20 R NG and Others v Parliament and Council
Application for interim measures – Regulation (EC) No 561/2006 – Absence of direct or individual concern – Inadmissibility of the main action – Inadmissibility
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Order of the President of the General Court of 13 November 2020 ECLI:EU:T:2020:540 |
Case T-257/20 González Calvet v SRB
Action for annulment – Economic and monetary policy – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Decision refusing to grant financial compensation to the shareholders and creditors concerned – Failure to comply with formal requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
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Order of the General Court (Third Chamber) of 17 November 2020 ECLI:EU:T:2020:541 (Appeal: Case before the Court of Justice C-27/21 P) |
Case T-377/19 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for EU word mark TC CARL – Earlier national figurative mark CARL TOUCH – 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)
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Judgment of the General Court (Third Chamber) of 18 November 2020 ECLI:EU:T:2020:546 (Appeal: Case before the Court of Justice C-48/21 P) |
Case T-378/19 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for EU word mark TC CARL – Earlier national figurative mark CARL TOUCH – 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)
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Judgment of the General Court (Third Chamber) of 18 November 2020 ECLI:EU:T:2020:544 (Appeal: Case before the Court of Justice C-49/21 P) |
Case T-643/19 Dermavita v EUIPO – Allergan Holdings France (JUVEDERM ULTRA)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM ULTRA – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Use in the form in which the mark was registered – Use with the proprietor’s consent – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 18 November 2020 ECLI:EU:T:2020:549 (Appeal: Case before the Court of Justice C-26/21 P) |
Case T-664/19 Allergan Holdings France v EUIPO – Dermavita (JUVEDERM ULTRA)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM ULTRA – Genuine use of the mark – Use in connection with the goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 18 November 2020 ECLI:EU:T:2020:547 (Appeal: Case before the Court of Justice C-41/21 P) |
Case T-21/20 LG Electronics v EUIPO – Staszewski (K7)
EU trade mark – Opposition proceedings – Application for EU word mark K7 – Earlier EU word mark k7 – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 18 November 2020 ECLI:EU:T:2020:550 |
Case T-32/20 Buxadé Villalba and Others v Parliament
Action for annulment – Law governing the institutions – Member of the Parliament – Acknowledgement by the Parliament of the election as Members of the European Parliament of two Spanish elected representatives – Locus standi of three other Members of the European Parliament – Lack of individual concern – Application for a declaratory judgment – Action partly inadmissible and partly brought before a court that is manifestly incompetent to hear it
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Order of the General Court (Sixth Chamber) of 19 November 2020 ECLI:EU:T:2020:552 |
Case T-174/20 Comune di Stintino v Commission
Action for annulment – Grant agreement in the framework of the funding instrument for the environment (LIFE+) – Debit Note – Act which is part of a purely contractual framework and from which it is inseparable – Preparatory act – Inadmissibility
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Order of the General Court (Seventh Chamber) of 19 November 2020 ECLI:EU:T:2020:551 |
Case T-71/19 BMC v Clean Sky 2 Joint Undertaking
Research and technological development and space – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Procedure for call for proposals H2020-CS 2-CFP08-FRC‑2018-01 – Rejection of the proposal submitted by the applicant – Assignment of non-integer scores – Article 15(4) of Regulation (EU) No 1290/2013 – Obligation to state reasons – Manifest error of assessment – Misuse of powers – Failure to sufficiently examine the proposal – Distortion of the facts
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Judgment of the General Court (Eighth Chamber) of 25 November 2020 ECLI:EU:T:2020:567 |
Case T-107/19 ACRE v Parliament
Institutional law – European Parliament – Decision declaring certain expenses of a political party ineligible for a grant for the year 2017 – Regulation (EC) No 2004/2003 – Prohibition of the funding of a national political party – Contribution or donation by a national political party – Principle of sound administration – Legal certainty – Equal treatment – Decision granting a contribution to a political party for 2019 and making pre-funding of 100% of the maximum amount of the contribution subject to certain prior repayments – Regulation (EU, Euratom) No 1141/2014 – Rights of defence
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Judgment of the General Court (Third Chamber) of 25 November 2020 ECLI:EU:T:2020:560 |
Case T-309/19 BRF Singapore Foods v EUIPO – Tipiak (Sadia)
EU trade mark – Opposition proceedings – Application for EU figurative mark Sadia – Earlier national word mark SAIDA – 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) – Principle of sound administration – Equal treatment – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 25 November 2020 ECLI:EU:T:2020:565 |
Case T-310/19 BRF Singapore Foods v EUIPO – Tipiak (SADIA)
EU trade mark – Opposition proceedings – Application for EU word mark SADIA – Earlier national word mark SAIDA – 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) – Principle of sound administration – Equal treatment – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 25 November 2020 ECLI:EU:T:2020:566 |
Case T-362/19 UI v Commission
Civil service – Officials – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Place where the person’s main occupation is carried on – Five-year reference period
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Judgment of the General Court (Fourth Chamber) of 25 November 2020 ECLI:EU:T:2020:562 |
Case T-802/19 Kisscolor Living v EUIPO – Teoxane (KISS COLOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark KISS COLOR – Earlier EU word mark KISS – 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) – Temporal application of the law
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Judgment of the General Court (Ninth Chamber) of 25 November 2020 ECLI:EU:T:2020:568 |
Case T-874/19 Impera v EUIPO – Euro Games Technology (Flaming Forties)
EU trade mark – Opposition proceedings – Application for the EU word mark Flaming Forties – Earlier national figurative mark 40 FLAMING FRUITS – 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)
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Judgment of the General Court (Fifth Chamber) of 25 November 2020 ECLI:EU:T:2020:563 |
Case T-875/19 Impera v EUIPO – Euro Games Technology (Flaming Forties)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Flaming Forties – Earlier national figurative mark 40 FLAMING FRUITS – 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)
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Judgment of the General Court (Fifth Chamber) of 25 November 2020 ECLI:EU:T:2020:564 |
Case T-882/19 Kerangus v EUIPO (ΑΠΛΑ!)
EU trade mark – Application for EU figurative mark ΑΠΛΑ! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Equal treatment
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Judgment of the General Court (Second Chamber) of 25 November 2020 ECLI:EU:T:2020:558 |
Case T-57/20 Group v EUIPO – Iliev (GROUP Company TOURISM & TRAVEL)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GROUP Company TOURISM & TRAVEL – Earlier unregistered national figurative marks GROUP Company TOURISM & TRAVEL – Relative grounds for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Second sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 25 November 2020 ECLI:EU:T:2020:559 |
Case T-728/19 PL v Commission
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Order of the General Court (Seventh Chamber) of 27 November 2020 ECLI:EU:T:2020:575 |
Case T-475/20 R LE v Commission
Application for interim measures – Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Recovery of sums paid – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 27 November 2020 ECLI:EU:T:2020:574 |
December 2020
Case T-722/18 Repsol v EUIPO – Basic (BASIC)
EU trade mark – Invalidity proceedings – EU figurative mark BASIC – Earlier national trade names basic and basic AG – Relative grounds for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EU) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Declaration of partial invalidity – Decision taken following the annulment of an earlier decision by the General Court – Referral of the case back to a Board of Appeal – Lack of competence of the authority referring the case – Article 1(d) of Regulation (EC) No 216/96 – Cross-claim
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 December 2020
ECLI:EU:T:2020:592 |
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Case T-24/20 Junqueras i Vies v Parliament
Language of the case: Spanish
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Order of the General Court (Sixth Chamber) of 15 December 2020
ECLI:EU:T:2020:601 (Appeal: Case before the Court of Justice C-115/21 P) |
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Case T-442/17 RENV RN v Commission
Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Principle of non-discrimination on grounds of age – Proportionality – Concept of ‘spouse’
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 16 December 2020
ECLI:EU:T:2020:618 (Appeal: Case before the Court of Justice C-118/21 P) |
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Case T-93/18 International Skating Union v Commission
Competition – Association of undertakings – Speed skating events – Decision finding an infringement of Article 101 TFEU – Regulations of a sports federation – Balance between competition law and the specific nature of the sport – Sports betting – Court of Arbitration for Sport – Guidelines on the calculation of fines – Scope of territorial application of Article 101 TFEU – Restriction of competition by object – Corrective measures
Language of the case: English
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Rectification order of 20 October 2021
ECLI:EU:T:2021:731 |
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 16 December 2020
ECLI:EU:T:2020:610 (Appeal: Case before the Court of Justice C-124/21 P) |
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Case T-207/18 PlasticsEurope v ECHA
REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Supplement to the entry relating to the substance bisphenol A on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence approach – Exploratory studies – Intermediate uses – Proportionality
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 16 December 2020 (Extracts)
ECLI:EU:T:2020:623 (Appeal: Case before the Court of Justice C-119/21 P) |
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Case T-430/18 American Airlines v Commission
Competition – Concentrations – Air transport market – Decision declaring a concentration compatible with the internal market and the EEA Agreement – Commitments – Decision granting Grandfathering rights – Error of law – Concept of appropriate use
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 16 December 2020
ECLI:EU:T:2020:603 (Appeal: Case before the Court of Justice C-127/21 P) |
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Case T-635/18 Industrial Química del Nalón v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020
ECLI:EU:T:2020:624 (Appeal: Case before the Court of Justice C-73/21 P) |
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Case T-736/19 HA v Commission
Civil service – Officials – Reimbursement of medical expenses – Reimbursement ceiling for sleep apnoea devices – Action for annulment – Measure not merely confirmatory – Sufficient interest to institute proceedings – Admissibility – Joint rules on sickness insurance for officials – General implementing provisions
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 16 December 2020
ECLI:EU:T:2020:609 |
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Case T-3/20 Forbo Financial Services v EUIPO – Windmöller (Canoleum)
EU trade mark – Opposition proceedings – Application for EU word mark Canoleum – Earlier international word mark MARMOLEUM – Relative ground for refusal – Late filing of the statement setting out the grounds of appeal – Inadmissibility of the appeal before the Board of Appeal – Application for restitutio in integrum – Sudden illness of the lawyer representing the applicant – Requirement to exercise due care – Evidential value of the solemnly affirmed statement made by the lawyer
Language of the case: German
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Judgment of the General Court (Third Chamber) of 16 December 2020
ECLI:EU:T:2020:606 |
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Information (on unpublished decisions)
Case T-486/18 Danske Slagtermestre v Commission
Action for annulment – State aid – Contributions scheme for the collection of waste water – Preliminary examination stage – Decision finding that there is no State aid – Trade association – Locus standi – Status as an interested party – Objective of protecting the procedural rights guaranteed by Article 108(2) TFEU – Lack of individual concern – No substantial effect on the competitive position – Regulatory act – Lack of direct concern – Inadmissibility
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Order of the General Court (Third Chamber) of 1 December 2020 ECLI:EU:T:2020:576 (Appeal: Case before the Court of Justice C-99/21 P) |
Case T-178/19 Kalai v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Rights of the defence – Obligation to state reasons – Error of assessment – Proportionality – Right to property
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Judgment of the General Court (Fourth Chamber) of 2 December 2020 ECLI:EU:T:2020:580 |
Case T-247/19 Thunus and Others v EIB
Civil service – EIB staff – Remuneration – Annual salary adjustment – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality
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Judgment of the General Court (First Chamber) of 2 December 2020 ECLI:EU:T:2020:577 (Appeal: Case before the Court of Justice C-90/21 P) |
Case T-318/19 Thunus and Others v EIB
Civil service – EIB staff – Remuneration – Annual salary adjustment – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality
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Judgment of the General Court (First Chamber) of 2 December 2020 ECLI:EU:T:2020:578 (Appeal: Case before the Court of Justice C-91/21 P) |
Case T-639/19 Sánchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM)
EU trade mark – Opposition proceedings – Application for the EU figurative mark 5MS MMMMM – Earlier EU figurative mark 5J – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 2 December 2020 ECLI:EU:T:2020:581 (Appeal: Case before the Court of Justice C-59/21 P) |
Case T-687/19 inMusic Brands v EUIPO – Equipson (Marq)
EU trade mark – Invalidity proceedings – EU word mark Marq – Earlier national and international figurative marks MARK – 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) – Declaration of partial invalidity
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Judgment of the General Court (Sixth Chamber) of 2 December 2020 ECLI:EU:T:2020:582 |
Case T-26/20 Forex Bank v EUIPO – Coino UK (FOREX)
EU trade mark – Invalidity proceedings – EU word mark FOREX – Declaration of partial invalidity – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 2 December 2020 ECLI:EU:T:2020:583 |
Case T-35/20 Monster Energy v EUIPO – Nanjing aisiyou Clothing (Representation of a scratch)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a claw-like scratch – Earlier EU and UK figurative marks representing claw-like scratches – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b), (4) and (5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 2 December 2020 ECLI:EU:T:2020:579 |
Case T-152/20 BSH Hausgeräte v EUIPO (Home Connect)
EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 2 December 2020 ECLI:EU:T:2020:584 (Appeal: Case before the Court of Justice C-67/21 P) |
Case T-536/19 Militos Symvouleftiki v Commission
Action for annulment – Public service contracts – Tender procedure – Provision of services in the field of the organisation of communication activities on behalf of the Commission’s Representation in Greece – Annulment of the call for tenders – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Seventh Chamber) of 7 December 2020 ECLI:EU:T:2020:588 |
Case T-37/20 United Kingdom v Commission
Action for annulment – EAGF and EAFRD – Time limit for bringing an action – Starting point – Notification and publication – No excusable error – Out of time – Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 December 2020 ECLI:EU:T:2020:637 |
Case T-714/18 Adraces v Commission
Arbitration clause – Framework partnership agreement – Local Europe Direct information centre – Termination of the contract without specifying the ground – Legal certainty – Principle of good faith – Proportionality – Observance of the contracting party’s rights and legitimate interests – Right to sound administration
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Judgment of the General Court (Third Chamber) of 9 December 2020 ECLI:EU:T:2020:591 |
Case T-620/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne ROSÉ)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne ROSÉ – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 9 December 2020 ECLI:EU:T:2020:593 |
Case T-621/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne GRANDE RÉSERVE)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne GRANDE RÉSERVE – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 9 December 2020 ECLI:EU:T:2020:595 |
Case T-622/19 Ace of spades v EUIPO – Krupp and Borrmann (JC JEAN CALL Champagne PRESTIGE)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark JC JEAN CALL Champagne PRESTIGE – Earlier three-dimensional EU trade marks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 9 December 2020 ECLI:EU:T:2020:594 |
Case T-705/19 GV v Commission
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Judgment of the General Court (First Chamber) of 9 December 2020 ECLI:EU:T:2020:590 |
Case T-819/19 Man and Machine v EUIPO – Bim Freelance (bim ready)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark bim ready – Earlier EU figurative mark BIM freelance – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Restriction of the services covered by the mark applied for
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Judgment of the General Court (Fifth Chamber) of 9 December 2020 ECLI:EU:T:2020:596 |
Case T-858/19 easyCosmetic Swiss v EUIPO – UWI (easycosmetic)
EU trade mark – Invalidity proceedings – EU word mark easyCosmetic – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 9 December 2020 ECLI:EU:T:2020:598 (Appeal: Case before the Court of Justice C-93/21 P) |
Case T-30/20 Promed v EUIPO – Centrumelektroniki (Promed)
EU trade mark – Invalidity proceedings – EU word mark Promed – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 9 December 2020 ECLI:EU:T:2020:599 |
Case T-190/20 Almea v EUIPO – Sanacorp Pharmahandel (Almea)
EU trade mark – Opposition proceedings – Application for EU figurative mark Almea – Earlier national word mark MEA – 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)
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Judgment of the General Court (Sixth Chamber) of 9 December 2020 ECLI:EU:T:2020:597 |
Case T-63/19 DEP Rot Front v EUIPO - Kondyterska korporatsiia 'Roshen' (РОШЕН)
EU trade mark – Procedure – Taxation of costs – Manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 10 December 2020 ECLI:EU:T:2020:600 |
Case T-579/20 R Genekam Biotechnology v Commission
Application for interim measures – Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Recovery of the sums paid – Application for suspension of operation – Lack of urgency
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Order of the President of the General Court of 15 December 2020 ECLI:EU:T:2020:602 |
Joined Cases T-236/17 and T-596/17 Balti Gaas v Commission and INEA
Financial assistance under the Connecting Europe Facility for the period 2014-2020 – Field of trans-European energy infrastructure – Calls for proposals – Action for failure to act – No invitation to act – Inadmissibility – Action for annulment – Act not open to challenge – Preparatory act – Partial inadmissibility – Decision rejecting a proposal – Manifest errors of assessment – Obligation to state reasons – Competence of the Commission
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:612 |
Case T-187/18 VP v Cedefop
Civil service – Members of the temporary staff – Request for renewal of a contract for an indefinite period – Decision not to renew – Manifest error of assessment – Right to be heard – Article 26 of the Staff Regulations – Liability – Material damage – Non-material damage
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:613 |
Case T-243/18 VW v Commission
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Judgment of the General Court (Seventh Chamber) of 16 December 2020 ECLI:EU:T:2020:619 (Appeal: Case before the Court of Justice C-116/21 P) (Appeal: Case before the Court of Justice C-139/21 P) |
Case T-438/18 Pareto Trading v EUIPO – Bikor Elżbieta Korbut and Bikor Professional Color Cosmetics Małgorzata Wedekind (BIKOR EGYPTIAN EARTH)
EU trade mark – Invalidity proceedings – EU word mark BIKOR EGYPTIAN EARTH – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 16 December 2020 ECLI:EU:T:2020:630 |
Case T-515/18 Fakro v Commission
Competition – Abuse of dominant position – Market for roof windows and flashings – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Access to the file – Principle of sound administration – Reasonable period – Manifest error of assessment – Obligation to state reasons – No EU interest – Probability of being able to establish the existence of an infringement – Predatory pricing – ‘Fighting brands’ – Rebates – Exclusivity
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Judgment of the General Court (Seventh Chamber) of 16 December 2020 ECLI:EU:T:2020:620 (Appeal: Case before the Court of Justice C-149/21 P) |
Case T-541/18 Changmao Biochemical Engineering v Commission
Dumping – Imports of tartaric acid originating in China – Extension of a definitive anti-dumping duty – Determination of the normal value – Protocol of Accession of China to the WTO – Analogue country methodology – Article 2(7) and Article 11(2) of Regulation (EU) 2016/1036 – Vulnerability of the Union industry – Likelihood of recurrence of injury – Rights of the defence – Obligation to state reasons
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Judgment of the General Court (Third Chamber) of 16 December 2020 ECLI:EU:T:2020:605 (Appeal: Case before the Court of Justice C-123/21 P) |
Case T-636/18 Tokai erftcarbon v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020 ECLI:EU:T:2020:625 |
Case T-637/18 Bawtry Carbon International v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020 ECLI:EU:T:2020:626 |
Case T-638/18 Deza v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020 ECLI:EU:T:2020:627 (Appeal: Case before the Court of Justice C-74/21 P) |
Case T-639/18 SGL Carbon v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020 ECLI:EU:T:2020:628 (Appeal: Case before the Court of Justice C-65/21 P) |
Case T-645/18 Bilbaína de Alquitranes v Commission
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 16 December 2020 ECLI:EU:T:2020:629 (Appeal: Case before the Court of Justice C-75/21 P) |
Case T-176/19 3V Sigma v ECHA
REACH – Substance evaluation – UVASORB HEB – Decision of the ECHA requesting further information – Article 46(1) of Regulation (EC) No 1907/2006 – Request seeking to identify potential transformation or degradation products of the substance – Proportionality – Need for the additional study requested – Relevant conditions and realistic conditions – Study temperature – Manifest error of assessment
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Judgment of the General Court (Seventh Chamber) of 16 December 2020 ECLI:EU:T:2020:621 |
Case T-189/19 Haikal v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Rights of the defence – Right to a fair hearing – Obligation to state reasons – Right to effective judicial protection – Error of assessment – Right to property – Proportionality – Right to carry on an economic activity – Right to respect for private and family life
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Judgment of the General Court (Fourth Chamber) of 16 December 2020 ECLI:EU:T:2020:607 (Appeal: Case before the Court of Justice C-113/21 P) |
Case T-286/19 Azarov v Council
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Judgment of the General Court (Fifth Chamber) of 16 December 2020 ECLI:EU:T:2020:611 |
Case T-315/19 BT v Commission
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Judgment of the General Court (Seventh Chamber) of 16 December 2020 ECLI:EU:T:2020:622 (Appeal: Case before the Court of Justice C-138/21 P) (Appeal: Case before the Court of Justice C-117/21 P) |
Case T-521/19 Haswani v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Res judicata – Period allowed for commencing proceedings – Obligation to state reasons – Error of assessment – Proportionality
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Judgment of the General Court (Fourth Chamber) of 16 December 2020 ECLI:EU:T:2020:608 |
Case T-535/19 H.R. Participations v EUIPO – Hottinger Investment Management (JCE HOTTINGUER)
EU trade mark – Invalidity proceedings – EU word mark JCE HOTTINGUER – Non-registered earlier national trade mark HOTTINGER – Relative ground for refusal – Reference to the national law governing the earlier mark – Rules governing common law actions for passing-off – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively)
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:614 (Appeal: Case before the Court of Justice C-109/21 P) |
Case T-660/19 Universität Bremen v REA
Action for annulment – Grant proposal – Framework Programme for Research and Innovation ‘Horizon 2020’ – Call for proposals H2020-SC6-Governance-2019 – REA decision rejecting a proposal – No representation by a lawyer – Manifest inadmissibility of the action
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Order of the General Court (Eighth Chamber) of 16 December 2020 ECLI:EU:T:2020:633 |
Case T-665/19 Cinkciarz.pl v EUIPO (€$)
EU trade mark – Application for EU figurative mark €$ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 16 December 2020 ECLI:EU:T:2020:631 (Appeal: Case before the Court of Justice C-114/21 P) |
Case T-859/19 Alkemie Group v EUIPO – Mann & Schröder (ALKEMIE)
EU trade mark – Opposition proceedings – Application for EU word mark ALKEMIE – Earlier EU word mark Alkmene – 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)
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:615 |
Case T-860/19 Alkemie Group v EUIPO – Mann & Schröder (ALKEMIE)
EU trade mark – Opposition proceedings – Application for EU figurative mark ALKEMIE – Earlier EU word mark Alkmene – 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)
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:616 |
Case T-863/19 Production Christian Gallimard v EUIPO – Éditions Gallimard (PCG CALLIGRAM CHRISTIAN GALLIMARD)
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Judgment of the General Court (Ninth Chamber) of 16 December 2020 ECLI:EU:T:2020:632 (Appeal: Case before the Court of Justice C-143/21 P) |
Case T-883/19 Gustopharma Consumer Health v EUIPO – Helixor Heilmittel (HELIX ELIXIR)
EU trade mark – Opposition proceedings – Application for the EU word mark HELIX ELIXIR – Earlier EU word mark HELIXOR – 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)
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Judgment of the General Court (Sixth Chamber) of 16 December 2020 ECLI:EU:T:2020:617 |
Case T-118/20 Voco v EUIPO (Shape of packaging)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 16 December 2020 ECLI:EU:T:2020:604 |
Case T-872/19 IM v EIB
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Order of the General Court (Fourth Chamber) of 17 December 2020 ECLI:EU:T:2020:634 |
Case T-80/20 IM v EIB and EIF
Action for annulment – Institutional law – Post of Director-General of the EIF – Rejection of the applicant’s candidature – Appointment of another candidate – No legal interest in bringing proceedings – Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 December 2020 ECLI:EU:T:2020:636 |
Case T-350/20 Wagenknecht v Commission
Action for failure to act – Protection of the European Union’s financial interests – Combating fraud – Meetings of the College of European Commissioners and its President with the representative of the Czech Republic – Multiannual Financial Framework 2021-2027 – Financial regulation – Direct payments from the EU budget in favour of farmers – Alleged conflict of interest of the Prime Minister of the Czech Republic – Alleged failure to act by the Commission – Article 130(1) of the Rules of Procedure – Interest in bringing proceedings – Locus standi – Definition of the Commission’s position – Inadmissibility
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Order of the General Court (Eighth Chamber) of 17 December 2020 ECLI:EU:T:2020:635 (Appeal: Case before the Court of Justice C-130/21 P) |
Case T-568/19 Micreos Food Safety v Commission
Action for annulment – Public health – Regulation (EC) No 853/2004 – Phage-based product used to reduce the presence of the bacterial pathogen Listeria monocytogenes in animal-derived ready-to-eat food – Rejection of the request to approve Listex™ P100 as a decontaminant in animal-derived ready-to-eat food – Act not open to challenge – Act not intended to produce binding legal effects – Purely confirmatory act – Informative act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 18 December 2020 ECLI:EU:T:2020:647 |
Case T-289/20 Facegym v EUIPO (FACEGYM)
EU trade mark – Application for EU word mark FACEGYM – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 18 December 2020 ECLI:EU:T:2020:646 |
Case T-729/20 R Aurubis v Commission
Interim measures – Directive 2003/87/EC – Decision 2011/278/EU – System for greenhouse gas emissions allowance trading – Application for interim measures – No urgency
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Order of the President of the General Court of 31 December 2020 ECLI:EU:T:2020:655 |
Case T-731/20 R ExxonMobil Production Deutschland v Commission
Interim measures – Directive 2003/87/EC – Decision 2011/278/EU – System for greenhouse gas emissions allowance trading – Application for interim measures – No urgency
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Order of the President of the General Court of 31 December 2020 ECLI:EU:T:2020:654 |
January 2021
Case T-548/18 Helbert v EUIPO
Civil service – Recruitment – Notice of competition – Open Competition EUIPO/AD/01/17 – Decision not to place the applicant’s name on the reserve list for the competition – Composition of the selection board – Stability – Liability
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 13 January 2021
ECLI:EU:T:2021:4 |
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Case T-758/18 ABLV Bank v SRB
Economic and monetary Union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Setting of the 2015 and 2018 ex ante contributions – Rejection of the request for a recalculation and a reimbursement of contributions – Action for annulment – Challengeable act – Admissibility – Institution whose licence has been withdrawn – Article 70(4) of Regulation (EU) No 806/2014 – Concept of ‘change of status’ – Article 12(2) of Delegated Regulation (EU) 2015/63
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 January 2021
ECLI:EU:T:2021:28 (Appeal: Case before the Court of Justice C-202/21 P) |
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Case T-699/17 Poland v Commission
Environment – Directive 2010/75/EU – Industrial emissions – Implementing Decision (EU) 2017/1442 – Large combustion plants – Best available techniques (BAT) conclusions – Article 16(4) and (5) TEU – Article 3(2) and (3) of Protocol (No 36) on transitional provisions – Application of the law ratione temporis – Comitology
Language of the case: Polish
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Judgment of the General Court (Third Chamber, Extended Composition) of 27 January 2021
ECLI:EU:T:2021:44 (Appeal: Case before the Court of Justice C-207/21 P) |
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Case T-9/19 ClientEarth v EIB
Environment – Financing of a biomass power generation plant in Galicia – Resolution of the Board of Directors of the EIB approving the financing – Access to justice in environmental matters – Articles 9 and 10 of the Aarhus Convention – Articles 10 to 12 of Regulation (EC) No 1367/2006 – Request for an internal review – Refusal of the request as inadmissible – Action for annulment – Admissibility of a ground of defence – Obligation to state reasons – Concept of an act adopted under environmental law – Concept of an act having a legally binding and external effect
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 27 January 2021
ECLI:EU:T:2021:42 (Appeal: Case before the Court of Justice C-223/21 P) (Appeal: Case before the Court of Justice C-212/21 P) |
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Information (on unpublished decisions)
Case T-478/18 Bezouaoui and HB Consultant v Commission
State aid – Construction plant driving safety training – Reimbursement of training in France by State-authorised collecting bodies (Organismes paritaires de collecte agréés, OPCAs) – Decision finding no State aid – Concept of State aid – Whether imputable to the State – Public control of resources
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Judgment of the General Court (First Chamber) of 13 January 2021 ECLI:EU:T:2021:2 |
Case T-610/18 ZR v EUIPO
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Judgment of the General Court (Fourth Chamber) of 13 January 2021 ECLI:EU:T:2021:5 |
Case T-824/19 RY v Commission
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Judgment of the General Court (Fourth Chamber) of 13 January 2021 ECLI:EU:T:2021:6 (Appeal: Case before the Court of Justice C-193/21 P) |
Case T-873/19 Multi-Service v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision annulling the registration of an undertaking – Failure to provide the required information
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Judgment of the General Court (First Chamber) of 13 January 2021 ECLI:EU:T:2021:3 |
Case T-34/20 Datenlotsen Informationssysteme v Commission
Action for annulment – State aid – Software solutions for universities – Tax advantages and public funding – Formal investigation procedure – Decision classifying the implemented measures as existing aid – Lack of individual concern – No regulatory act – Inadmissibility
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Order of the General Court (Second Chamber) of 18 January 2021 ECLI:EU:T:2021:13 |
Case T-328/17 RENV Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO - M. J. Dairies (BBQLOUMI)
EU trade mark – Opposition proceedings – Application for EU figurative mark BBQLOUMI – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:16 (Appeal: Case before the Court of Justice C-201/21 P) |
Case T-656/18 Jareš Procházková and Jareš v EUIPO – Elton Hodinářská (MANUFACTURE PRIM 1949)
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:17 |
Case T-261/19 Stada Arzneimittel v EUIPO – Optima Naturals (OptiMar)
EU trade mark – Opposition proceedings – Application for the EU figurative mark OptiMar – Earlier national word mark Mar – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 20 January 2021 ECLI:EU:T:2021:24 |
Case T-329/19 12seasons v EUIPO – Société immobilière et mobilière de Montagny (BE EDGY BERLIN)
EU trade mark – Opposition proceedings – Application for EU figurative mark BE EDGY BERLIN – Earlier national word mark EDJI – 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)
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Judgment of the General Court (Third Chamber) of 20 January 2021 ECLI:EU:T:2021:22 (Appeal: Case before the Court of Justice C-211/21 P) |
Case T-734/19 Junqueras i Vies v Parliament
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Order of the General Court (Sixth Chamber) of 20 January 2021 ECLI:EU:T:2021:15 |
Case T-811/19 Enoport v EUIPO – Miguel Torres (CABEÇA DE TOIRO)
EU trade mark – Opposition proceedings – Application for EU figurative mark CABEÇA DE TOIRO – Earlier EU word mark SANGRE DE TORO – 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)
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Judgment of the General Court (Third Chamber) of 20 January 2021 ECLI:EU:T:2021:23 |
Case T-829/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:18 |
Case T-830/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:19 |
Case T-831/19 Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 FIRST CZECH BLENDED VODKA)
EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 FIRST CZECH BLENDED VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:20 |
Case T-844/19 Apologistics v EUIPO – Peikert (discount-apotheke.de)
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Judgment of the General Court (Sixth Chamber) of 20 January 2021 ECLI:EU:T:2021:25 |
Case T-884/19 Folschette and Others v Commission
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Judgment of the General Court (Ninth Chamber) of 20 January 2021 ECLI:EU:T:2021:27 |
Case T-253/20 Oatly v EUIPO (IT'S LIKE MILK BUT MADE FOR HUMANS)
EU trade mark – Application for the EU word mark IT’S LIKE MILK BUT MADE FOR HUMANS – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 20 January 2021 ECLI:EU:T:2021:21 |
Case T-276/20 Crevier v EUIPO (Air freshener )
Community design – Application for a Community design representing an air freshener – Non-compliance with a time limit vis-à-vis EUIPO – Application for restitutio in integrum – Article 67(1) of Regulation (EC) No 6/2002 – Duty of care
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Judgment of the General Court (Sixth Chamber) of 20 January 2021 ECLI:EU:T:2021:26 |
Case T-580/20 KC v Commission
Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 20 January 2021 ECLI:EU:T:2021:14 |
Case T-533/20 R Green Power Technologies v Commission and ECSEL Joint Undertaking
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Order of the President of the General Court of 22 January 2021 ECLI:EU:T:2021:38 |
Case T-691/18 KPN v Commission
Competition – Concentrations – Netherlands market for television services and telecommunications services – Decision declaring the concentration compatible with the internal market and the EEA Agreement – Relevant market – Vertical effects – Manifest error of assessment – Obligation to state reasons
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Judgment of the General Court (Third Chamber) of 27 January 2021 ECLI:EU:T:2021:43 |
Case T-382/19 Turk Hava Yollari v EUIPO – Sky (skylife)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark skylife – Earlier EU word mark SKY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 27 January 2021 ECLI:EU:T:2021:45 (Appeal: Case before the Court of Justice C-185/21 P) |
Case T-817/19 Olimp Laboratories v EUIPO – OmniVision (Hydrovision)
EU trade mark – Opposition proceedings – Application for EU figurative mark Hydrovision – Earlier EU word mark Hylo-Vision – 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)
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Judgment of the General Court (Second Chamber) of 27 January 2021 ECLI:EU:T:2021:41 (Appeal: Case before the Court of Justice C-219/21 P) |
Case T-287/20 Eggy Food v EUIPO (EGGY FOOD)
EU trade mark – Application for EU figurative mark EGGY FOOD – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 27 January 2021 ECLI:EU:T:2021:46 |
Case T-603/20 R Likvidacijska masa iza Mesoprodukt and Čuljak v Commission
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Order of the President of the General Court of 28 January 2021 ECLI:EU:T:2021:49 |
February 2021
Case T-17/19 Moi v Parliament
Institutional law – European Parliament – Psychological harassment – Decisions of the President of the Parliament finding that two accredited parliamentary assistants suffered harassment and imposing on a Member of Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 12 days – Rules 11 and 166 of the Rules of Procedure of the Parliament – Internal appeal – Decision of the Bureau of the Parliament confirming the penalty – Rule 167 of the Rules of Procedure of the Parliament – Action for annulment – Time limit for bringing an action – Admissibility – Rights of the defence – Non-contractual liability
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 3 February 2021
ECLI:EU:T:2021:51 (Appeal: Case before the Court of Justice C-246/21 P) |
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Case T-258/20 Klymenko v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of defence and the right to effective judicial protection
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 3 February 2021
ECLI:EU:T:2021:52 |
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Case T-238/20 Ryanair v Commission
State aid – Air-transport market in Sweden, from Sweden and to Sweden – Loan guarantees to support airlines amid the Covid-19 pandemic – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Free provision of services – Equal treatment – Proportionality – Criterion of holding a licence issued by the Swedish authorities – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Article 107(3)(b) TFEU – Ratio legis – Duty to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 17 February 2021
ECLI:EU:T:2021:91 (Appeal: Case before the Court of Justice C-209/21 P) |
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Case T-259/20 Ryanair v Commission
State aid – French air-transport market – Deferral of payment of civil aviation tax and solidarity tax on airline tickets due on a monthly basis during the period from March to December 2020 in the context of the Covid-19 pandemic – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Free provision of services – Equal treatment – Criterion of holding a licence issued by the French authorities – Proportionality – Article 107(2)(b) TFEU – Duty to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 17 February 2021
ECLI:EU:T:2021:92 (Appeal: Case before the Court of Justice C-210/21 P) |
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Case T-108/18 Universität Koblenz-Landau v EACEA
Arbitration clause – Tempus IV Programmes – Grant agreements – Contractual nature of the dispute – Reclassification of the action – Eligible costs – Systemic and recurrent irregularities – Full repayment of amounts paid – Proportionality – Right to be heard – Obligation to state reasons – Article 41 of the Charter of Fundamental Rights
Language of the case: German
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 24 February 2021
ECLI:EU:T:2021:104 (Appeal: Case before the Court of Justice C-288/21 P) |
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Case T-161/18 Braesch and Others v Commission
Action for annulment – State aid – Aid for the precautionary restructuring of Banca Monte dei Paschi di Siena – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Plea of inadmissibility – Status as an interested party – Interest in bringing proceedings – Locus standi – Admissibility
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 24 February 2021
ECLI:EU:T:2021:102 (Appeal: Case before the Court of Justice C-284/21 P) |
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Information (on unpublished decisions)
Case T-110/19 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:53 |
Case T-111/19 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Right to property – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:54 (Appeal: Case before the Court of Justice C-242/21 P) |
Case T-113/19 Kampete v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:55 |
Case T-116/19 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Right to property – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:56 |
Case T-118/19 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:57 |
Case T-119/19 Mutondo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:58 |
Case T-120/19 Numbi v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:59 |
Case T-121/19 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:60 |
Case T-122/19 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:61 |
Case T-123/19 Kanyama v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:62 |
Case T-124/19 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Retention of the applicant’s name on the lists of persons covered – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 3 February 2021 ECLI:EU:T:2021:63 |
Case T-352/18 Germann Avocats v Commission
Action for annulment and for damages – Public service contracts – Tendering procedure – Follow-up study on trade union practices on non-discrimination and diversity – Rejection of a tenderer’s bid – Award criteria – Action in part manifestly lacking any foundation in law and in part manifestly inadmissible
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Order of the General Court (Second Chamber) of 4 February 2021 ECLI:EU:T:2021:64 (Appeal: Case before the Court of Justice C-233/21 P) |
Case T-230/20 R PNB Banka v ECB
Interim relief – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Application for suspension of operation of an act – No urgency
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Order of the President of the General Court of 8 February 2021 ECLI:EU:T:2021:68 |
Case T-488/18 XC v Commission
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Judgment of the General Court (Eighth Chamber) of 10 February 2021 ECLI:EU:T:2021:76 |
Case T-585/18 Şanli v Council
Common foreign and security policy – Restrictive measures taken against certain persons and entities with a view to combating terrorism – Freezing of funds – List of persons, groups and entities subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Action for annulment and compensation – Failure to comply with formal requirements – Article 76(d) of the Rules of Procedure – Inadmissibility
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Judgment of the General Court (Fourth Chamber) of 10 February 2021 ECLI:EU:T:2021:73 |
Case T-130/19 Spadafora v Commission
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Judgment of the General Court (Fourth Chamber) of 10 February 2021 ECLI:EU:T:2021:74 (Appeal: Case before the Court of Justice C-169/21 P) |
Case T-157/19 Şanli v Council
Common foreign and security policy – Restrictive measures against certain persons and entities with a view to combating terrorism – Freezing of funds – List of the persons, groups and entities subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation to state reasons
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Judgment of the General Court (Fourth Chamber) of 10 February 2021 ECLI:EU:T:2021:75 |
Joined Cases T-345/19, T-346/19, T-364/19 to T-366/19, T-372/19 to T-375/19 and T-385/19 Santini and Others v Parliament
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 February 2021 ECLI:EU:T:2021:78 (Appeal: Case before the Court of Justice C-198/21 P) |
Case T-519/19 Forte v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Adjustment of the amount of pensions for Italian national deputies – Corresponding amendment by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy – Competence of the author of the act – Obligation to state reasons – Acquired rights – Legal certainty – Legitimate expectations – Right to property – Proportionality – Equal treatment
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 February 2021 ECLI:EU:T:2021:79 |
Case T-578/19 Sophia Group v Parliament
Public service contracts – Tender procedure – Provision of assistance services for buildings – Rejection of a tenderer’s offer – Award of the contract to another tenderer – Selection criteria – Award criteria – Most economically advantageous tender – Use of labels and certifications in the formulation of award criteria – Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 10 February 2021 ECLI:EU:T:2021:77 |
Case T-821/19 Herlyn and Beck v EUIPO – Brillux (B.home)
EU trade mark – Opposition proceedings – Application for the EU word mark B.home – Earlier international word mark B-Wohnen – 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)
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Judgment of the General Court (Ninth Chamber) of 10 February 2021 ECLI:EU:T:2021:80 |
Case T-98/20 Biochange Group v EUIPO – mysuperbrand (medical beauty research)
EU trade mark – Invalidity proceedings – EU word mark medical beauty research – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctive character – Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001) – Consideration of the facts – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 10 February 2021 ECLI:EU:T:2021:69 |
Case T-117/20 El Corte Inglés v EUIPO – MKR Design (PANTHÉ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PANTHÉ – Earlier national word and figurative marks PANTHER and earlier EU figurative mark P PANTHER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark
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Order of the General Court (Second Chamber) of 10 February 2021 ECLI:EU:T:2021:81 |
Case T-153/20 Bachmann v EUIPO (LIGHTYOGA)
EU trade mark – Application for EU word mark LIGHTYOGA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 10 February 2021 ECLI:EU:T:2021:70 |
Case T-157/20 Bachmann v EUIPO (LICHTYOGA)
EU trade mark – Application for EU word mark LICHTYOGA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 10 February 2021 ECLI:EU:T:2021:71 |
Case T-341/20 EAB v EUIPO (RADIOSHUTTLE)
EU trade mark – Application for EU word mark RADIOSHUTTLE – Absolute ground for refusal – Not distinctive – Article 7(1)(b) of Regulation (EU) 2017/1001 – Restriction of the goods designated in the trade mark application
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Judgment of the General Court (Second Chamber) of 10 February 2021 ECLI:EU:T:2021:72 |
Case T-92/20 Fryč v Commission
Non-contractual liability – State aid – Block exemption regulations – Aid programme granted by the Czech authorities in favour of certain undertakings – Commission decision approving that programme – Action for annulment dismissed as being out of time – Damage allegedly caused by acts of the Commission and the EU Courts – Limitation period – Action in part manifestly inadmissible – Causal link – Action in part manifestly unfounded in law
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Order of the General Court (Second Chamber) of 11 February 2021 ECLI:EU:T:2021:82 (Appeal: Case before the Court of Justice C-239/21 P) |
Case T-19/20 sprd.net v EUIPO – Shirtlabor (I love)
Action for annulment – EU trade mark – Invalidity proceedings – EU figurative mark I love – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Trade mark consisting of an advertising slogan – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Inapplicability of Article 16(1)(a) of Delegated Regulation (EU) 2018/625 – Admissibility of evidence – Article 97(1) of Regulation 2017/1001 – Impartiality – Article 95(1) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 12 February 2021 ECLI:EU:T:2021:89 (Appeal: Case before the Court of Justice C-236/21 P) |
Case T-753/19 Ungureanu v Commission
Action for damages – Law governing the institutions – Alleged unlawfulness stemming from the failure to bring an action for a declaration of a failure to fulfil obligations under Article 258 TFEU – Discretionary power of the Commission – Action manifestly inadmissible
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Order of the General Court (First Chamber) of 16 February 2021 ECLI:EU:T:2021:90 |
Case T-655/20 R Symrise v ECHA
Application for interim relief – REACH – Substance 2-ethylhexyl salicylate – Compliance check of registrations – Obligation to provide certain information requiring animal testing – Application for interim measures – No urgency
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Order of the President of the General Court of 23 February 2021 ECLI:EU:T:2021:98 (Appeal: Case before the Court of Justice C-281/21 P(R)) |
Case T-656/20 R Symrise v ECHA
Application for interim relief – REACH – Substance homosalate – Compliance check of registrations – Obligation to provide certain information requiring animal testing – Application for interim measures – No urgency
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Order of the President of the General Court of 23 February 2021 ECLI:EU:T:2021:99 (Appeal: Case before the Court of Justice C-282/21 P(R)) |
Case T-606/18 Universität Koblenz-Landau v EACEA
Arbitration clause – Tempus Programmes – Grant agreement – Eligible costs – Suspension of payments – Repayment of amounts paid – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 24 February 2021 ECLI:EU:T:2021:105 |
Case T-809/19 Liga Nacional de Fútbol Profesional v EUIPO (El Clasico)
EU trade mark – International registration designating the European Union – Figurative mark El Clasico – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Lack of distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 February 2021 ECLI:EU:T:2021:100 |
Case T-56/20 Bezos Family Foundation v EUIPO – SNCF Mobilités (VROOM)
EU trade mark – Opposition proceedings – Application for the EU word mark VROOM – Earlier national word mark POP & VROOM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 24 February 2021 ECLI:EU:T:2021:103 |
Case T-61/20 Sonova v EUIPO – Digitmarket (B-Direct)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark B-Direct – Earlier EU figurative mark bizdirect – 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)
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Judgment of the General Court (Third Chamber) of 24 February 2021 ECLI:EU:T:2021:101 |
Case T-437/20 Ultrasun v EUIPO (ULTRASUN)
Action for annulment – EU trade mark – Application for the EU word mark ULTRASUN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 25 February 2021 ECLI:EU:T:2021:109 |
March 2021
Case T-723/18 Barata v Parliament
Civil service – Officials – Promotion – Certification procedure – Exclusion of the applicant from the final list of officials entitled to take part in the training programme – Article 45a of the Staff Regulations – Action for annulment – Communication by registered letter – Article 26 of the Staff Regulations – Registered letter not collected by the person to whom it was addressed – Starting point of the period prescribed for instituting proceedings – Admissibility – Obligation to state reasons – Right to be heard – Principle of sound administration – Proportionality – Rules on the use of languages
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 3 March 2021
ECLI:EU:T:2021:113 (Appeal: Case before the Court of Justice C-305/21 P) |
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Case T-388/20 Ryanair v Commission (Finnair I; Covid-19)
State aid – Finnish air-transport market – Aid granted by Finland to Finnair amid the Covid‑19 pandemic – State guarantee on a loan – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh up the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021
ECLI:EU:T:2021:196 (Appeal: Case before the Court of Justice C-353/21 P) |
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Case T-885/19 Aquind and Others v Commission
Action for annulment – Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Delegation of power to the Commission – Article 290 TFEU – Delegated act amending the list of projects of common interest of the Union – Nature of the act during the period within which the Parliament and the Council may express objections – Act not open to challenge – Manifest inadmissibility
Language of the case: English
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Order of the General Court (Second Chamber) of 5 March 2021
ECLI:EU:T:2021:118 (Appeal: Case before the Court of Justice C-310/21 P) |
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Case T-245/17 ViaSat v Commission
Action for failure to act and for annulment – Electronic communications networks and services – Harmonised use of the 2 GHz frequency spectrum – Pan-European systems providing mobile satellite services (MSS) – Decision 2007/98/EC – Harmonised operator selection procedure – Authorisations granted to the selected operators – Decision No 626/2008/EC – Request for action to be taken – No formal notice – Adoption of a position by the Commission – Inadmissibility – Refusal to take action – Measure not actionable – Inadmissibility – Powers of the Commission
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 10 March 2021
ECLI:EU:T:2021:128 |
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Case T-134/19 AM v EIB
Civil service – EIB staff – Remuneration – Admissibility – Time limit for submitting a request to initiate the conciliation procedure – Act adversely affecting an official – Geographical mobility allowance – Transfer to an external office – Refusal to grant the allowance – Action for annulment and for damages
Language of the case: French
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Judgment of the General Court (First Chamber) of 10 March 2021
ECLI:EU:T:2021:119 |
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Case T-50/20 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Insolvency proceedings – Refusal by the ECB to accede to a request from the board of directors of a credit institution that the insolvency administrator of that institution be instructed to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution – Competence of the author of the act – Action manifestly lacking any foundation in law
Language of the case: English
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Order of the General Court (Tenth Chamber) of 12 March 2021 (Extracts)
ECLI:EU:T:2021:141 (Appeal: Case before the Court of Justice C-326/21 P) |
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Case T-719/17 FMC v Commission
Plant-protection products – Active substance flupyrsulfuron-methyl – Non-renewal of inclusion in the Annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Proposed classification of an active substance – Precautionary principle – Rights of defence – Legal certainty – Manifest error of assessment – Proportionality – Principle of non-discrimination – Principle of sound administration – Legitimate expectations
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 17 March 2021
ECLI:EU:T:2021:143 |
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Case T-160/20 3M Belgium v ECHA
Action for annulment – REACH – Identification of perfluorobutanesulfonic acid (PFBS) and of its salts as a substance of very high concern – Inclusion in the list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 59(10) of Regulation No 1907/2006 – Article 59 of the Rules of Procedure – Inadmissibility
Language of the case: English
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Order of the General Court (Eighth Chamber) of 17 March 2021
ECLI:EU:T:2021:149 |
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Case T-769/16 Picard v Commission
Civil service – Members of the contract staff – Reform of the Staff Regulations in 2014 – Transitional measures relating to certain methods for calculating pension rights – Change in the rules following the signature of a new contract as a member of the contract staff – Definition of ‘being in service’
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 24 March 2021
ECLI:EU:T:2021:153 (Appeal: Case before the Court of Justice C-366/21 P) |
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Information (on unpublished decisions)
Case T-599/19 EM v Parliament
Civil service – Members of the temporary staff – Psychological harassment – Request for assistance – Rejection of the request – Retirement – Duty to provide assistance – Principle of sound administration – Duty to have regard for the welfare of staff
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Judgment of the General Court (First Chamber) of 3 March 2021 ECLI:EU:T:2021:111 (Appeal: Case before the Court of Justice C-299/21 P) |
Case T-48/20 Sahaj Marg Spirituality Foundation v EUIPO (Heartfulness)
EU trade mark – International registration designating the European Union – Figurative mark Heartfulness – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 3 March 2021 ECLI:EU:T:2021:112 |
Case T-132/20 NEC OncoImmunity v EASME
Action for annulment – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Grant agreement – Termination letter – Act coming within a purely contractual framework from which it is inseparable – Inadmissibility – Regulation (EU) No 1290/2013 – Loss of SME status
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Order of the General Court (Tenth Chamber) of 4 March 2021 ECLI:EU:T:2021:117 |
Case T-251/20 KG v Parliament
Action for annulment and for damages – Civil service – Pension – Entitlement to the correction coefficient in the determination of pension rights – Refusal to adopt a position on the applicant’s request – No act adversely affecting an official – Inadmissibility
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Order of the General Court (Seventh Chamber) of 8 March 2021 ECLI:EU:T:2021:130 |
Case T-539/18 Ayuntamiento de Quart de Poblet v Commission
Arbitration clause – Competitiveness and Innovation Framework Programme (2007-2013) – ‘Highly scalable Deployment model of Inclusive E-Gvern’ (DIEGO) and ‘Speeding Every European Digital’ (SEED) contracts – Debit notes – Eligible costs – Justification of the costs – Reliability of records of tasks carried out for the projects
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Judgment of the General Court (Eighth Chamber) of 10 March 2021 ECLI:EU:T:2021:123 |
Case T-693/19 Kerry Luxembourg v EUIPO – Ornua (KERRYMAID)
EU trade mark – Opposition proceedings – Application for EU word mark KERRYMAID – Earlier EU figurative mark Kerrygold – Relative ground for refusal – Geographical name – Dominant element – Peaceful coexistence – Article 8(1)(b) of Regulation (EC) No 207/2009 – Application of the law ratione temporis
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Judgment of the General Court (Ninth Chamber) of 10 March 2021 ECLI:EU:T:2021:124 |
Case T-694/19 FI v Commission
Civil service – Officials – Surviving spouse – Survivor’s pension – Articles 18, 19 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Proportionality
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Judgment of the General Court (Seventh Chamber) of 10 March 2021 ECLI:EU:T:2021:122 (Appeal: Case before the Court of Justice C-313/21 P) (Appeal: Case before the Court of Justice C-314/21 P) |
Case T-66/20 Hauz 1929 v EUIPO – Houzz (HAUZ LONDON)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ LONDON – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 10 March 2021 ECLI:EU:T:2021:125 |
Case T-67/20 Hauz 1929 v EUIPO – Houzz (HAUZ NEW YORK)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ NEW YORK – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 10 March 2021 ECLI:EU:T:2021:126 |
Case T-68/20 Hauz 1929 v EUIPO – Houzz (HAUZ EST 1929)
EU trade mark – Opposition proceedings – Application for the EU figurative mark HAUZ EST 1929 – Earlier EU word mark HOUZZ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 10 March 2021 ECLI:EU:T:2021:127 |
Case T-71/20 Puma v EUIPO – CAMäleon (PUMA-System)
EU trade mark – Opposition proceedings – Application for the EU word mark PUMA-System – Earlier EU figurative marks PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 10 March 2021 ECLI:EU:T:2021:121 |
Case T-99/20 Golvabia Innovation v EUIPO (MaxWear)
EU trade mark – Application for EU word mark MaxWear – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 10 March 2021 ECLI:EU:T:2021:120 |
Case T-426/20 Techniplan v Commission
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Order of the General Court (Eighth Chamber) of 11 March 2021 ECLI:EU:T:2021:129 |
Case T-45/21 R Ciano Trading & Services CT & S and Others v Commission
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Order of the Vice-President of the General Court of 12 March 2021 ECLI:EU:T:2021:131 |
Case T-585/19 EJ v EIB
Civil service – EIB staff – Remuneration – Travel costs – Double dependent child allowance – Child with serious illness – Capping of the backdated reimbursement of those costs and of that double allowance – Reasonable period – Duty to have regard for the welfare of staff – Action for annulment and for damages
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Judgment of the General Court (First Chamber) of 17 March 2021 ECLI:EU:T:2021:142 |
Case T-853/19 Tehrani v EUIPO – Blue Genes (Earnest Sewn)
EU trade mark – Invalidity proceedings – EU word mark Earnest Sewn – Declaration of invalidity – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 17 March 2021 ECLI:EU:T:2021:145 |
Case T-878/19 Bende v EUIPO – Julius-K9 (K-9)
EU trade mark – Invalidity proceedings – EU word mark K-9 – Absolute grounds for refusal – Signs which have become customary – Article 7(1)(d) of Regulation (EC) No 207/2009 (now Article 7(1)(d) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 17 March 2021 ECLI:EU:T:2021:146 |
Case T-114/20 Alvargonzález Ramos v EUIPO – Ursus-3 Capital, A.V. (URSUS Kapital)
EU trade mark – Revocation proceedings – EU figurative mark URSUS Kapital – Genuine use of the mark – Partial revocation – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Assessment of the evidence – Classification of the services
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Judgment of the General Court (Sixth Chamber) of 17 March 2021 ECLI:EU:T:2021:144 |
Case T-186/20 Chatwal v EUIPO – Timehouse Capital (THE TIME)
EU trade mark – Opposition proceedings – Application for the EU word mark THE TIME – Earlier EU word mark TIMEHOUSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 17 March 2021 ECLI:EU:T:2021:147 |
Case T-226/20 Steinel v EUIPO (MobileHeat)
EU trade mark – Application for the EU word mark MobileHeat – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 17 March 2021 ECLI:EU:T:2021:148 |
Case T-742/20 R Indofil Industries (Netherlands) v Commission
Application for interim relief – Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 19 March 2021 ECLI:EU:T:2021:199 (Appeal: Case before the Court of Justice C-276/21 P(R)) |
Case T-193/18 Andreas Stihl v EUIPO – Giro Travel Company (Combination of the colours grey and orange)
EU trade mark – Invalidity proceedings – EU mark consisting of a combination of the colours grey and orange – Absolute ground for refusal – Article 4 and Article 7(1)(a) of Regulation No 40/94 (now Article 7(1)(a) of Regulation (EU) 2017/1001) – Sufficiently clear and precise graphic representation – Requirement for a systematic arrangement associating the colours in a predetermined and uniform way
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Judgment of the General Court (Ninth Chamber) of 24 March 2021 ECLI:EU:T:2021:163 (Appeal: Case before the Court of Justice C-327/21 P) |
Case T-277/19 BK v EASO
Civil service – Temporary agents – Temporary reassignment – Action for annulment – Purely confirmatory measure – Inadmissibility – Explicit decision rejecting the complaint – Autonomous scope – Suspension of the effects of the decision subject to the complaint – Interest in bringing proceedings – Action for damages – Close link to the claim for annulment – No pre-litigation procedure – Inadmissibility
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Judgment of the General Court (Seventh Chamber) of 24 March 2021 ECLI:EU:T:2021:161 |
Case T-282/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Filotas Bellas & Yios (Halloumi)
EU trade mark – Invalidity proceedings – EU figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Article 53(1)(a) and Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) and (5) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 March 2021 ECLI:EU:T:2021:154 (Appeal: Case before the Court of Justice C-345/21 P) |
Case T-306/19 Graanhandel P. van Schelven v Commission
Action for annulment – Agricultural policy – Organic production – Regulation (EC) No 834/2007 – Production and labelling of organic products – Organic products imported into the European Union – Certification of products by a control body – No interest in bringing proceedings – Lack of direct concern – Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 24 March 2021 ECLI:EU:T:2021:166 (Appeal: Case before the Court of Justice C-309/21 P) |
Case T-515/19 Lego v EUIPO – Delta Sport Handelskontor (Building block from a toy building set)
Community design – Invalidity proceedings – Registered community design representing a building block from a toy building set – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products – Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system – Article 8(1) to (3) of Regulation No 6/2002
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Judgment of the General Court (Second Chamber) of 24 March 2021 ECLI:EU:T:2021:155 |
Case T-588/19 Novomatic v EUIPO – adp Gauselmann (Power Stars)
EU trade mark – Revocation proceedings – EU figurative mark Power Stars – Partial revocation declaration – Partial lack of genuine use – Proof of genuine use – Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 75(1), first sentence, of Regulation No 207/2009 (now Article 94(1), first sentence, of Regulation 2017/1001) – Right to be heard – Article 75(1), second sentence, of Regulation No 207/2009 (now Article 94(1), second sentence, of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 24 March 2021 ECLI:EU:T:2021:157 |
Case T-798/19 Bennahmias v Parliament
Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality
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Judgment of the General Court (Fifth Chamber) of 24 March 2021 ECLI:EU:T:2021:158 |
Case T-799/19 Bennahmias v Parliament
Institutional law – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Obligation to state reasons – Error of law – Error of fact – Proportionality
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Judgment of the General Court (Fifth Chamber) of 24 March 2021 ECLI:EU:T:2021:159 |
Case T-93/20 Albert Darboven Holding v EUIPO (WINDSOR-CASTLE)
EU trade mark – Application for EU word mark WINDSOR-CASTLE – Absolute ground for refusal – Distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Laudatory character
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Judgment of the General Court (Tenth Chamber) of 24 March 2021 ECLI:EU:T:2021:164 |
Case T-168/20 Creaton South-East Europe v EUIPO – Henkel (CREATHERM)
EU trade mark – Opposition proceedings – Application for EU word mark CREATHERM – Earlier international word mark CERETHERM – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 24 March 2021 ECLI:EU:T:2021:160 |
Case T-175/20 Laboratorios Ern v EUIPO – Sanolie (SANOLIE)
EU trade mark – Opposition proceedings – Application for EU word mark SANOLIE – Earlier national word mark SANODIN – 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)
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Judgment of the General Court (Tenth Chamber) of 24 March 2021 ECLI:EU:T:2021:165 |
Case T-354/20 Kfz-Gewerbe v EUIPO – The Blink Fish (Representation of a fish)
EU trade mark – Invalidity proceedings – EU figurative mark representing a fish – Earlier national word mark BLINKA – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 24 March 2021 ECLI:EU:T:2021:156 |
Case T-374/20 KM v Commission
Civil Service – Officials – Surviving spouse – Survivor’s pension – Articles 18 and 20 of Annex VIII to the Staff Regulations – Conditions for eligibility – Duration of the marriage – Plea of illegality – Equal treatment – Principle of non-discrimination on grounds of age – Proportionality
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Judgment of the General Court (Seventh Chamber) of 24 March 2021 ECLI:EU:T:2021:162 (Appeal: Case before the Court of Justice C-357/21 P) (Appeal: Case before the Court of Justice C-341/21 P) |
Case T-765/20 R The Floow v Commission
Application for interim relief – Grant agreement entered into as part of the Horizon 2020 Framework Programme for Research and Innovation (2014-2020) – Recovery of sums paid – Application for interim measures – No urgency
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Order of the President of the General Court of 24 March 2021 ECLI:EU:T:2021:167 |
Case T-484/20 SATSE v Commission
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Order of the General Court (Eighth Chamber) of 26 March 2021 ECLI:EU:T:2021:172 |
April 2021
Case T-69/18 Verband Deutscher Alten- und Behindertenhilfe and CarePool Hannover v Commission
State aid – Independent welfare services – Grants awarded to the associations in a regional charitable action group – Rejection of a complaint – Decision not to raise objections at the end of the preliminary examination stage – Action for annulment – Status of interested party – Safeguarding of procedural rights – Substantial effect on competitive position – Admissibility – No serious difficulties – No substantial alteration of existing aid
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 14 April 2021
ECLI:EU:T:2021:189 |
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Case T-504/19 Crédit lyonnais v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 4(1)(d) and (3) of Regulation (EU) No 1024/2013 – Calculation of the leverage ratio – ECB’s partial refusal to authorise the exclusion of exposures meeting certain conditions – Article 429(14) of Regulation (EU) No 575/2013 – Failure to examine all the relevant aspects of the individual case – Res judicata – Article 266 TFEU
Language of the case: French
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Judgment of the General Court (Second Chamber) of 14 April 2021
ECLI:EU:T:2021:185 (Appeal: Case before the Court of Justice C-389/21 P) |
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Case T-543/19 Romania v Commission
Cohesion Fund and ERDF – Article 139(6) of Regulation (EU) No 1303/2013 – Temporal application of an increased co-financing rate adopted after submission of the final application for an interim payment but before acceptance of the accounts – Legitimate expectation – Obligation to state reasons – Principle of good administration
Language of the case: Romanian
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021
ECLI:EU:T:2021:193 (Appeal: Case before the Court of Justice C-401/21 P) |
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Case T-579/19 The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic and sports apparatus and equipment)
Community design – Multiple application for registration of Community designs representing gymnastic and sports apparatus and equipment – Right of priority – Article 41 of Regulation (EC) No 6/2002 – Application under Patent Cooperation Treaty – Article 4 of the Paris Convention for the Protection of Industrial Property – Priority period
Language of the case: German
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Judgment of the General Court (Third Chamber) of 14 April 2021
ECLI:EU:T:2021:186 (Appeal: Case before the Court of Justice C-382/21 P) |
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Case T-616/19 REV Katjes Fassin v EUIPO – Haribo The Netherlands & Belgium (WONDERLAND)
Procedure – Application for revision – EU trade mark – Opposition proceedings – Action against a decision of EUIPO partially refusing to register a mark – Withdrawal of the opposition before service of the order dismissing the action – Fact unknown to the applicant and to the General Court – Time limit for the application – Interest in initiating the revision procedure – Admissibility
Language of the case: German
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Order of the General Court (Second Chamber) of 22 April 2021
ECLI:EU:T:2021:213 |
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Case T-378/20 Ryanair v Commission (SAS, Denmark; Covid-19)
State aid – Danish air transport market – Aid granted by Denmark to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021
ECLI:EU:T:2021:194 (Appeal: Case before the Court of Justice C-321/21 P) |
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Case T-379/20 Ryanair v Commission (SAS, Sweden; Covid-19)
State aid – Swedish air transport market – Aid granted by Sweden to an airline amid the Covid-19 pandemic – Guarantee – Decision not to raise any objections – Commitments as a condition to make the aid compatible with the internal market – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 April 2021
ECLI:EU:T:2021:195 (Appeal: Case before the Court of Justice C-320/21 P) |
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Case T-539/13 RENV Inclusion Alliance for Europe v Commission
Action for annulment and for damages – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – MARE, Senior and ECRN projects – Commission decision to recover sums unduly paid – Applicant who has stopped responding to the Court’s requests – No need to adjudicate
Language of the case: Italian
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Order of the General Court (Fourth Chamber) of 20 April 2021
ECLI:EU:T:2021:201 |
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Case T-322/19 El-Qaddafi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of the applicant’s name on the lists – Period allowed for commencing proceedings – Admissibility – Obligation to state reasons – Error of assessment
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 21 April 2021
ECLI:EU:T:2021:206 (Appeal: Case before the Court of Justice C-413/21 P) |
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Case T-525/19 Intering and Others v Commission
Public contracts – Tendering procedure – Reduction of dust and nitrogen oxide emissions at the Kosovo B thermal power plant, Units B1 and B2 – Rejection of the application – Application for annulment submitted in the reply – New claims – Manifest inadmissibility – Amendment of the selection criteria during the procedure – Equal treatment
Language of the case: German
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Judgment of the General Court (First Chamber) of 21 April 2021
ECLI:EU:T:2021:202 |
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Case T-663/19 Hasbro v EUIPO – Kreativni Dogadaji (MONOPOLY)
EU trade mark – Invalidity proceedings – EU word mark MONOPOLY – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 21 April 2021
ECLI:EU:T:2021:211 (Appeal: Case before the Court of Justice C-373/21 P) |
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Case T-326/20 Bibita Group v EUIPO – Benkomers (Beverage bottle)
Community design – Invalidity proceedings – Registered Community design representing a beverage bottle – Prior international design – Ground for invalidity – Conflict with a prior design – Individual character – Informed user – Degree of freedom of the designer – Different overall impression – Article 6 and Article 25(1)(d)(iii) of Regulation (EC) No 6/2002
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 21 April 2021 (Extracts)
ECLI:EU:T:2021:208 |
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Case T-719/20 Macías Chávez and Others v Spain and Parliament
Action for failure to act and for damages – Institutional law – Parliament’s Committee on Petitions – Petition concerning the infringement by the Spanish courts of EU law in the field of fundamental rights – Decision to declare the petition closed – Article 28 of the Rules of Procedure – Request for referral to a Chamber sitting in extended composition – Action in part brought before a court or tribunal manifestly lacking jurisdiction to hear it, in part manifestly inadmissible and in part manifestly lacking any foundation in law
Language of the case: Spanish
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Order of the General Court (Fourth Chamber) of 27 April 2021 (Extracts)
ECLI:EU:T:2021:216 (Appeal: Case before the Court of Justice C-322/21 P) |
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Case T-843/19 Correia v EESC
Civil service – EESC staff – Members of the temporary staff – Refusal to regrade – Action for annulment – Time limit for lodging a complaint – Burden of proving expiry of the time limit – Act adversely affecting an official – Admissibility – Equal treatment – Legal certainty – Action for damages – Non-material damage
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 28 April 2021
ECLI:EU:T:2021:221 |
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Information (on unpublished decisions)
Case T-496/20 CRII-GEN and Others v Commission
Action for annulment – Plant protection products – Active substance glyphosate – Request for review for the purpose of withdrawing or amending the approval – Article 21 of Regulation (EC) No 1107/2009 – Rejection – Act not open to challenge
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Order of the General Court (Tenth Chamber) of 8 April 2021 ECLI:EU:T:2021:179 |
Case T-468/20 R Kühne v Parliament
Application for interim relief – Civil service – Officials – Reassignment – Application for suspension of operation of a measure – Application for interim measures – No prima facie case
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Order of the President of the General Court of 12 April 2021 ECLI:EU:T:2021:183 |
Case T-12/21 R PJ v EIT
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Order of the President of the General Court of 13 April 2021 ECLI:EU:T:2021:184 |
Case T-29/17 RENV RQ v Commission
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Judgment of the General Court (Eighth Chamber) of 14 April 2021 ECLI:EU:T:2021:188 |
Case T-260/19 Al-Tarazi v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Obligation to state reasons – Error of assessment – Rights of defence – Right to property – Right to exercise an economic activity – Right to respect for private and family life – Proportionality
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Judgment of the General Court (Fourth Chamber) of 14 April 2021 ECLI:EU:T:2021:187 |
Case T-285/19 SGI Studio Galli Ingegneria v Commission
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – OLAF investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Burden of proof – Principle of good faith – Right to be heard – Principle of sound administration – Rights of the defence – Proportionality
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Judgment of the General Court (Ninth Chamber) of 14 April 2021 ECLI:EU:T:2021:190 (Appeal: Case before the Court of Justice C-371/21 P) |
Case T-300/19 Achema and Lifosa v Commission
State aid – Market in electricity generated from renewable energy sources – Operating aid – Decision declaring the aid scheme compatible with the internal market at the end of the preliminary examination stage – Article 107(3)(c) TFEU – Infringement of procedural rights – 2008 Guidelines on State aid for environmental protection – 2014 Guidelines on State aid for environmental protection and energy 2014-2020 – Article 30 TFEU – Article 110 TFEU – Body of consistent evidence
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Judgment of the General Court (Tenth Chamber) of 14 April 2021 ECLI:EU:T:2021:191 |
Case T-201/20 Berebene v EUIPO – Consorzio vino Chianti Classico (GHISU)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GHISU – Earlier collective national figurative mark CHIANTI CLASSICO – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) – Taking unfair advantage of the distinctiveness or reputation of the earlier mark
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Judgment of the General Court (Tenth Chamber) of 14 April 2021 ECLI:EU:T:2021:192 |
Case T-462/20 ZU v Commission
Action for annulment and for damages – Civil service – Officials – Request for information – Rejection of a complaint – No act adversely affecting the applicant – Action manifestly inadmissible
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Order of the General Court (Seventh Chamber) of 14 April 2021 ECLI:EU:T:2021:197 |
Case T-252/19 Pech v Council
Access to documents – Regulation (EC) No 1049/2001 – Second indent of Article 4(2) of Regulation No 1049/2001 – Protection of legal advice – First subparagraph of Article 4(3) of Regulation No 1049/2001 – Protection of the decision-making process – Refusal to grant full access to a legal opinion of the Council’s Legal Service
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Judgment of the General Court (Second Chamber) of 21 April 2021 ECLI:EU:T:2021:203 (Appeal: Case before the Court of Justice C-408/21 P) |
Case T-555/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Likelihood of confusion – Detriment to reputation – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 21 April 2021 ECLI:EU:T:2021:204 |
Case T-44/20 Chanel v EUIPO – Huawei Technologies (Representation of a circle containing two interlaced curves)
EU trade mark – Opposition proceedings – Application for EU figurative mark representing a circle containing two interlaced curves – Earlier national figurative mark representing two interrupted circles interlaced horizontally – Earlier national figurative mark representing a circle containing two interrupted circles interlaced horizontally – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 21 April 2021 ECLI:EU:T:2021:207 |
Case T-282/20 Apologistics v EUIPO – Kerckhoff (APO)
EU trade mark – Invalidity proceedings – EU word mark APO – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctiveness – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 21 April 2021 ECLI:EU:T:2021:212 (Appeal: Case before the Court of Justice C-369/21 P) |
Case T-323/20 Hell Energy Magyarország v EUIPO (HELL)
EU trade mark – Application for the EU word mark HELL – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 21 April 2021 ECLI:EU:T:2021:205 |
Case T-345/20 Robert Klingel v EUIPO (MEN+)
EU trade mark – Application for registration of the EU figurative mark MEN+ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts – Article 95(1) of Regulation 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 21 April 2021 ECLI:EU:T:2021:209 |
Case T-382/20 Lee v EUIPO (Table knives, forks and spoons)
Community design – Application for a Community design representing table knives, forks and spoons – Lack of priority claim – Application for restitutio in integrum – Article 67(1) and (2) Regulation (EC) No 6/2002 – Duty of due care
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Judgment of the General Court (Sixth Chamber) of 21 April 2021 ECLI:EU:T:2021:210 (Appeal: Case before the Court of Justice C-381/21 P) |
Case T-472/20 Jouvin v Commission
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Order of the General Court (Eighth Chamber) of 26 April 2021 ECLI:EU:T:2021:215 |
Case T-842/16 Repower v EUIPO – repowermap.org (REPOWER)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark REPOWER – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 28 April 2021 ECLI:EU:T:2021:229 |
Case T-872/16 repowermap.org v EUIPO – Repower (REPOWER)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark REPOWER – Absolute ground for invalidity – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Right to be heard – Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) – Freedom of expression
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Judgment of the General Court (Tenth Chamber) of 28 April 2021 ECLI:EU:T:2021:230 (Appeal: Case before the Court of Justice C-417/21 P) |
Case T-584/17 RENV Primart v EUIPO – Bolton Cile España (PRIMART Marek Łukasiewicz)
EU trade mark – Opposition proceedings – Application for EU figurative mark PRIMART Marek Łukasiewicz – Earlier national word marks PRIMA – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Referral
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Judgment of the General Court (Tenth Chamber) of 28 April 2021 ECLI:EU:T:2021:231 |
Case T-509/19 Asolo v EUIPO – Red Bull (FLÜGEL)
EU trade mark – Invalidity proceedings – EU word mark FLÜGEL – Earlier national word marks …VERLEIHT FLÜGEL and RED BULL VERLEIHT FLÜÜÜGEL – Relative grounds for refusal – Damage to reputation – Article 8(5) and Article 52(1)(a) of Regulation No 40/94 (now Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Right to be heard – Article 70(2) and Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 April 2021 ECLI:EU:T:2021:225 (Appeal: Case before the Court of Justice C-387/21 P) |
Case T-540/19 Sharif v Council
Common foreign and security policy – Restrictive measures taken against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to exercise an economic activity
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Judgment of the General Court (Fourth Chamber) of 28 April 2021 ECLI:EU:T:2021:220 |
Case T-615/19 Point Tec Products Electronic v EUIPO – Compagnie des Montres Longines, Francillon (Representation of two extended wings around a triangle)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing two extended wings around a triangle – Earlier EU figurative mark representing two extended wings around a rectangle – 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) – Article 72(2) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 28 April 2021 ECLI:EU:T:2021:224 |
Case T-644/19 Linde Material Handling v EUIPO – Verti Aseguradora (VertiLight)
EU trade mark – Opposition proceedings – Application for EU word mark VertiLight – Earlier national word mark VERTI – Relative ground for refusal – No damage to reputation – No link between the marks at issue – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 28 April 2021 ECLI:EU:T:2021:222 |
Case T-31/20 West End Drinks v EUIPO – Pernod Ricard (The King of SOHO)
EU trade mark – Opposition proceedings – Application for EU figurative mark The King of SOHO – Earlier EU word mark SOHO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 28 April 2021 ECLI:EU:T:2021:217 |
Case T-191/20 FCA Italy v EUIPO – Bettag (Pandem)
EU trade mark – Opposition proceedings – Application for the EU word mark Pandem – Earlier national and international word marks PANDA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 28 April 2021 ECLI:EU:T:2021:226 (Appeal: Case before the Court of Justice C-360/21 P) |
Case T-284/20 Klaus Berthold v EUIPO – Thomann (HB Harley Benton)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark HB Harley Benton – Earlier EU word mark HB – Earlier national trade name – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and (4) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 28 April 2021 ECLI:EU:T:2021:218 |
Case T-300/20 Nosio v EUIPO – Tros del Beto (ACCUSÌ)
EU trade mark – Opposition proceedings – Application for the EU word mark ACCUSÌ – Earlier EU word mark ACÚSTIC – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 28 April 2021 ECLI:EU:T:2021:223 |
Case T-310/20 Comercializadora Eloro v EUIPO – Zumex Group (JUMEX)
EU trade mark – Opposition proceedings – Application for the EU figurative mark JUMEX – Earlier EU figurative mark zumex – 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)
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Judgment of the General Court (Ninth Chamber) of 28 April 2021 ECLI:EU:T:2021:227 (Appeal: Case before the Court of Justice C-415/21 P) |
Case T-311/20 France Agro v EUIPO – Chafay (Choumicha Saveurs)
EU trade mark – Invalidity proceedings – EU figurative mark Choumicha Saveurs – Absolute ground for refusal – Bad faith – Declaration of invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 28 April 2021 ECLI:EU:T:2021:219 |
Case T-348/20 Freistaat Bayern v EUIPO (GEWÜRZSOMMELIER)
EU trade mark – Application for EU word mark GEWÜRZSOMMELIER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Neologism
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Judgment of the General Court (Ninth Chamber) of 28 April 2021 ECLI:EU:T:2021:228 |
May 2021
Case T-561/18 ITD and Danske Fragtmænd v Commission
State aid – Postal sector – Compensation for the discharge of the universal service obligation – Decision not to raise any objections – Calculation of the compensation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – State guarantee of redundancy payments in the event of bankruptcy – VAT exemption for certain transactions carried out by the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Capital contribution from a public undertaking in order to avoid the bankruptcy of its subsidiary – Complaint from a competitor – Decision finding no State aid after the preliminary examination stage – Existing aid – Advantages granted on a periodic basis – Whether imputable to the State – Private investor test
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 5 May 2021
ECLI:EU:T:2021:240 (Appeal: Case before the Court of Justice C-442/21 P) |
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Case T-611/18 Pharmaceutical Works Polpharma v EMA
Medicinal products for human use – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the EMA not to validate the application for marketing authorisation – Previous decision of the Commission taking the view that Tecfidera – Dimethyl fumarate was not covered by the same global marketing authorisation as Fumaderm – Plea of illegality – Admissibility – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of two different global marketing authorisations – Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 5 May 2021
ECLI:EU:T:2021:241 (Appeal: Case before the Court of Justice C-439/21 P) (Appeal: Case before the Court of Justice C-438/21 P) (Appeal: Case before the Court of Justice C-440/21 P) |
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Case T-119/17 RENV Alba Aguilera and Others v EEAS
Civil service – Officials – Members of the temporary staff – Members of the contract staff – Remuneration – EEAS staff posted to a third country – Article 10 of Annex X to the Staff Regulations – Annual assessment of the allowance for living conditions – Decision reducing the allowance for living conditions in Ethiopia from 30% to 25% – Regional coherence – Manifest errors of assessment
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 12 May 2021
ECLI:EU:T:2021:254 |
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Case T-816/17 and T-318/18 Luxembourg and Amazon v Commission
State aid – Aid implemented by Luxembourg in favour of Amazon – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Transfer pricing – Selective tax advantage – Transfer pricing arrangement – Functional analysis
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 12 May 2021
ECLI:EU:T:2021:252 (Appeal: Case before the Court of Justice C-457/21 P) |
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Cases T-516/18 and T-525/18 Luxembourg and Others v Commission
State aid – Aid implemented by Luxembourg in favour of ENGIE – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax rulings – State resources – Advantage – Combined effect of two tax measures – Participation exemption regime – Taxation of profit distributions – Abuse of law – Selectivity – Reference framework – Finding of a derogation – Comparability of situations – Parent-subsidiary arrangement – Group of companies – Recovery – Indirect harmonisation – Procedural rights – Obligation to state reasons
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 12 May 2021
ECLI:EU:T:2021:251 (Appeal: Case before the Court of Justice C-454/21 P) (Appeal: Case before the Court of Justice C-451/21 P) |
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Case T-789/19 Moerenhout and Others v Commission
Law governing the institutions – European citizens’ initiative – Trade with territories under military occupation – Refusal of registration – Manifest lack of powers of the Commission – Article 4(2)(b) of Regulation (EU) No 211/2011 – Common commercial policy – Article 207 TFEU – Common foreign and security policy – Article 215 TFEU – Obligation to state reasons – Article 4(3) of Regulation No 211/2011
Language of the case: French
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 12 May 2021
ECLI:EU:T:2021:260 |
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Case T-254/18 China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
Dumping – Imports of certain cast iron articles originating in China – Definitive anti-dumping duty – Action for annulment – Admissibility – Association – Standing to bring proceedings – Interest in bringing proceedings – Injury determination – Calculation of the import volume – Macroeconomic and microeconomic indicators – Sampling – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Attribution and non-attribution analysis – No assessment of injury by segment – Assessment of the significance of undercutting – Confidential treatment of information – Rights of the defence – PCN-by-PCN methodology – Product comparability – Calculation of the normal value – Analogue country – Adjustment for VAT – Determination of the selling, general and administrative costs and profit
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 19 May 2021
ECLI:EU:T:2021:278 (Appeal: Case before the Court of Justice C-478/21 P) |
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Case T-465/20 Ryanair v Commission (TAP; Covid-19)
State aid – Portuguese air transport market – Aid provided by Portugal to TAP owing to the COVID-19 pandemic – State loan – Decision not to raise any objections – Point 22 of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Company belonging to a group – Intrinsic difficulties not resulting from an arbitrary allocation of costs within the group – Difficulties which are too serious to be dealt with by the group itself – Duty to state reasons – Maintenance of the effects of the decision
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021
ECLI:EU:T:2021:284 |
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Case T-628/20 Ryanair v Commission (Spain; Covid-19)
State aid – Spain – Recapitalisation measures to support undertakings that are systemic and strategic for the Spanish economy in response to the COVID-19 pandemic – Decision not to raise any objections – Temporary Framework for State aid – Measure aimed at remedying a serious disturbance in the economy of a Member State – Measure aimed at the whole of the economy of a Member State – Principle of non-discrimination – Freedom to provide services and freedom of establishment – Proportionality – Criterion requiring that the beneficiaries of the aid are established in Spain – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Article 107(3)(b) TFEU – Concept of ‘aid scheme’ – Obligation to state reasons
Language of the case: English
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Rectification order of 11 August 2021
ECLI:EU:T:2021:514 |
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021
ECLI:EU:T:2021:285 (Appeal: Case before the Court of Justice C-441/21 P) |
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Case T-643/20 Ryanair v Commission (KLM; Covid-19)
State aid – Netherlands – State guarantee for loans and subordinated loan by the State to KLM amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision not to raise any objections – Decision declaring the aid compatible with the internal market – Aid granted previously to another company in the same group of companies – Duty to state reasons – Maintenance of the effects of the decision
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 19 May 2021
ECLI:EU:T:2021:286 |
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Information (on unpublished decisions)
Case T-822/19 Asoliva and Anierac v Commission
Action for annulment – Agriculture – Classification into one of three categories of virgin olive oil – Implementing measures – Lack of individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 4 May 2021 ECLI:EU:T:2021:246 |
Case T-45/19 Acron and Others v Commission
Dumping – Imports of ammonium nitrate originating in Russia – Request for partial interim review – Termination of the partial interim review – No change of circumstances – Error of assessment – Obligation to state reasons – Rights of the defence
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Judgment of the General Court (Fifth Chamber) of 5 May 2021 ECLI:EU:T:2021:238 |
Case T-695/19 Falqui v Parliament
Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions – Change in the amount of pensions for Italian national members of parliament – Corresponding change by the European Parliament in the amount of the pensions of certain former Members of the European Parliament elected in Italy – Acquired rights – Legal certainty – Legitimate expectations – Proportionality
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 5 May 2021 ECLI:EU:T:2021:242 (Appeal: Case before the Court of Justice C-391/21 P) |
Case T-286/20 Capella v EUIPO – Cobi.bike (GOBI)
EU trade mark – Opposition proceedings – Application for the EU word mark GOBI – Earlier EU figurative mark COBI – 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) – Relevant public
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Judgment of the General Court (Sixth Chamber) of 5 May 2021 ECLI:EU:T:2021:239 |
Case T-442/20 Grangé and Van Strydonck v EUIPO – Nema (âme)
EU trade mark – Opposition proceedings – Application for EU word mark âme – Earlier international figurative mark AMEN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Counteraction of visual and phonetic similarities through conceptual differences – Conditions for counteraction
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Judgment of the General Court (Third Chamber) of 5 May 2021 ECLI:EU:T:2021:237 |
Case T-714/20 R Ovsyannikov v Council
Application for interim measures – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – Application for the suspension of operation of measures – No urgency
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Order of the President of the General Court of 5 May 2021 ECLI:EU:T:2021:243 |
Case T-387/19 DF and DG v EIB
Civil service – Staff of the EIB – Remuneration – Decision refusing entitlement to an installation allowance upon return to headquarters – Liability
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Judgment of the General Court (Seventh Chamber) of 12 May 2021 ECLI:EU:T:2021:258 |
Case T-637/19 Sun Stars & Sons v EUIPO – Carpathian Springs (AQUA CARPATICA)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark AQUA CARPATICA – Earlier three-dimensional EU and national trade marks VODAVODA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 12 May 2021 ECLI:EU:T:2021:255 (Appeal: Case before the Court of Justice C-425/21 P) |
Case T-638/19 Sun Stars & Sons v EUIPO – Valvis Holding (AC AQUA AC)
EU trade mark – Opposition proceedings – Application for the three-dimensional EU trade mark AC AQUA AC – Earlier three-dimensional EU and national trade marks VODAVODA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Rectification order of 23 September 2021 ECLI:EU:T:2021:679 |
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Judgment of the General Court (Fifth Chamber) of 12 May 2021 ECLI:EU:T:2021:256 (Appeal: Case before the Court of Justice C-420/21 P) (Appeal: Case before the Court of Justice C-424/21 P) |
Case T-70/20 Metamorfoza v EUIPO – Tiesios kreivės (MUSEUM OF ILLUSIONS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MUSEUM OF ILLUSIONS – Earlier EU figurative mark MUSEUM OF ILLUSIONS – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 95 of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 12 May 2021 ECLI:EU:T:2021:253 |
Case T-167/20 Tornado Boats International v EUIPO – Haygreen (TORNADO)
EU trade mark – Invalidity proceedings – Figurative EU mark TORNADO – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 12 May 2021 ECLI:EU:T:2021:257 |
Case T-178/20 Bavaria Weed v EUIPO (BavariaWeed)
EU trade mark – Application for the EU figurative mark BavariaWeed – Absolute ground for refusal – Trade mark contrary to public policy – Article 7(1)(f) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 12 May 2021 ECLI:EU:T:2021:259 |
Case T-328/20 Electrodomesticos Taurus v EUIPO – Shenzhen Aukey E-Business (AICOOK)
Action for annulment – EU trade mark – Opposition proceedings – Application of a declaratory nature – Application for directions to be issued – Inadmissibility
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Order of the General Court (Tenth Chamber) of 17 May 2021 ECLI:EU:T:2021:291 (Appeal: Case before the Court of Justice C-468/21 P) |
Case T-672/20 Kerstens v Commission
Action for annulment – Civil service – Officials – Request for assistance – Rejection of the complaint – Time limit for bringing an action – Starting point – Date on which the person concerned could have known the content of the decision – Delay – Inadmissibility
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Order of the General Court (Seventh Chamber) of 17 May 2021 ECLI:EU:T:2021:289 (Appeal: Case before the Court of Justice C-447/21 P) |
Case T-218/18 Deutsche Lufthansa v Commission
State aid – Aviation sector – Operational aid granted by Germany to Frankfurt-Hahn airport – Decision not to raise objections – Action for annulment – Status as an interested party – Safeguard of procedural rights – Admissibility – Guidelines on aid in the aviation sector – Doubts as to the compatibility of the aid with the internal market – Article 4(4) of Regulation (EU) 2015/1589 – Serious difficulties
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Judgment of the General Court (Ninth Chamber) of 19 May 2021 ECLI:EU:T:2021:282 (Appeal: Case before the Court of Justice C-466/21 P) |
Case T-510/19 Puma v EUIPO – Gemma Group (Representation of a bounding feline)
EU trade mark – Opposition proceedings – Application for the EU figurative mark representing a bounding feline – Earlier international figurative marks representing a bounding feline – Relative ground for refusal – No injury to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 19 May 2021 ECLI:EU:T:2021:281 (Appeal: Case before the Court of Justice C-462/21 P) |
Case T-256/20 Steinel v EUIPO (GluePro)
EU trade mark – Application for EU word mark GluePro – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 19 May 2021 ECLI:EU:T:2021:279 |
Case T-324/20 Yongkang Kugooo Technology v EUIPO – Ford Motor Company (kugoo)
EU trade mark – Opposition proceedings – Application for EU figurative mark kugoo – Earlier EU and national word marks KUGA and earlier EU word mark KUGA ENERGI – 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)
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Judgment of the General Court (Fifth Chamber) of 19 May 2021 ECLI:EU:T:2021:280 |
Case T-535/20 Müller v EUIPO (TIER SHOP)
EU trade mark – Application for EU figurative mark TIER SHOP – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Interest in bringing proceedings – Obligation to state reasons – Article 72(4) and the first sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 19 May 2021 ECLI:EU:T:2021:283 |
Case T-482/20 LG and Others v Commission
Action for annulment – Protection of the European Union’s financial interests – OLAF investigation – Legal professional privilege – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Sixth Chamber) of 20 May 2021 ECLI:EU:T:2021:290 |
Case T-158/20 TrekStor v EUIPO – Yuneec Europe (Breeze)
EU trade mark – Opposition proceedings – Application for EU word mark Breeze – Earlier EU word mark Breeze – Relative ground for refusal – Comparison of the goods – Likelihood of confusion – Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Third Chamber) of 21 May 2021 ECLI:EU:T:2021:288 |
Case T-38/21 R Inivos v Commission
Application for interim relief – Public procurement – Negotiated procedure without prior publication of a contract notice – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 21 May 2021 ECLI:EU:T:2021:287 (Appeal: Case before the Court of Justice C-471/21 P(R)) |
Case T-54/21 R OHB System v Commission
Interim relief – Public works contracts, public supply contracts and public service contracts – Procurement of Galileo transition satellites – Rejection of a tender – Application for interim measures – Prima facie case – Urgency – Balancing of competing interests
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Order of the President of the General Court of 26 May 2021 ECLI:EU:T:2021:292 |
Case T-92/21 R Darment v Commission
Application for interim relief – Environment – Fluorinated greenhouse gases – Regulation (EU) No 517/2014 – Placing of hydrofluorocarbons on the market – Decision imposing a penalty on an undertaking that exceeded the quota allocated to it – Application for interim measures – No urgency
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Order of the President of the General Court of 26 May 2021 ECLI:EU:T:2021:293 |
Case T-332/20 König Ludwig International v EUIPO (Royal Bavarian Beer)
EU trade mark – International registration designating the European Union – Word mark Royal Bavarian Beer – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Unitary character of the EU trade mark – Article 1(2) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 31 May 2021 ECLI:EU:T:2021:304 (Appeal: Case before the Court of Justice C-465/21 P) |
June 2021
Case T-169/19 Style & Taste v EUIPO – The Polo/Lauren Company (Representation of a polo player)
EU trade mark – Invalidity proceedings – EU figurative mark representing a polo player – Earlier national design – Relative ground for invalidity – Article 52(2)(d) of Regulation (EC) No 40/94 (now Article 60(2)(d) of Regulation (EU) 2017/1001)
Language of the case: Spanish
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 2 June 2021
ECLI:EU:T:2021:318 |
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Case T-854/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – EU word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Third Chamber) of 2 June 2021 (Extracts)
ECLI:EU:T:2021:309 (Appeal: Case before the Court of Justice C-473/21 P) |
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Case T-177/20 Himmel v EUIPO – Ramirez Monfort (Hispano Suiza)
EU trade mark – Opposition proceedings – Application for EU word mark Hispano Suiza – Earlier EU word mark HISPANO SUIZA – 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)
Language of the case: English
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Judgment of the General Court (Third Chamber) of 2 June 2021
ECLI:EU:T:2021:312 |
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Case T-198/20 Shindler and Others v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of Union citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
Language of the case: French
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Order of the General Court (Tenth Chamber, Extended Composition) of 8 June 2021
ECLI:EU:T:2021:348 (Appeal: Case before the Court of Justice C-501/21 P) |
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Case T-252/20 Silver and Others v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of EU citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
Language of the case: English
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Order of the General Court (Tenth Chamber, Extended Composition) of 8 June 2021
ECLI:EU:T:2021:347 (Appeal: Case before the Court of Justice C-499/21 P) |
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Case T-202/17 Calhau Correia de Paiva v Commission
Language regime – Competition EPSO/AD/293/14 for the recruitment of administrators in the fields of competition law, corporate finance, financial economics, industrial economics and macroeconomics (AD 7) – Non-inclusion on the reserve list – Plea of illegality – Limitation of the choice of the second language of the competition to English, French or German – Regulation No 1 – Article 1d(1) of the Staff Regulations – Discrimination based on language – Justification – Interests of the service
Language of the case: English
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Judgment of the General Court (First Chamber) of 9 June 2021 (Extracts)
ECLI:EU:T:2021:323 (Appeal: Case before the Court of Justice C-511/21 P) |
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Case T-47/19 Dansk Erhverv v Commission
State aid – Sale of canned beverages in border shops in Germany to foreign residents – Exemption from the deposit on condition that the beverages purchased are consumed outside Germany – Complaint – Decision by the Commission not to raise objections – Action for annulment – Locus standi – Admissibility – Conditions for initiating a formal investigation procedure – Error of law – Serious difficulties – Concept of ‘State aid’ – State resources – Non-imposition of a fine
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 June 2021
ECLI:EU:T:2021:331 (Appeal: Case before the Court of Justice C-509/21 P) (Appeal: Case before the Court of Justice C-508/21 P) |
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Case T-235/19 HIM v Commission
Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the Commission – OLAF investigation – Action for annulment – Counterclaim – Full repayment of grants – Damages
Language of the case: French
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Judgment of the General Court (Tenth Chamber) of 9 June 2021 (Extracts)
ECLI:EU:T:2021:343 (Appeal: Case before the Court of Justice C-500/21 P) |
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Case T-514/19 DI v ECB
Civil service – ECB staff – Reimbursement of medical expenses and education expenses – Forgery – Disciplinary proceedings – Dismissal – Criminal proceedings – No further action taken – Acquittal – Competence of the Executive Board – Legal certainty – Time-barred disciplinary proceedings – Adage according to which ‘disciplinary proceedings arising out of a criminal offence must await the outcome of the criminal trial’ – Presumption of innocence – Impartiality of the Disciplinary Committee – Error of law – Probative value of the evidence – Reasonable time – Proportionality of the penalty – Intensity of the judicial review – Liability
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 June 2021
ECLI:EU:T:2021:332 (Appeal: Case before the Court of Justice C-513/21 P) |
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Case T-580/19 Borborudi v Council
Common foreign and security policy – Restrictive measures taken against Iran with the aim of preventing nuclear proliferation – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Error of assessment – Article 266 TFEU
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 9 June 2021 (Extracts)
ECLI:EU:T:2021:330 |
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Case T-665/20 Ryanair v Commission (Condor; Covid-19)
State aid – German air transport market – Public loan guaranteed by Germany to Condor Flugdienst in the context of the COVID-19 pandemic – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of damages – Causal link – Obligation to state reasons – Maintenance of the effects of the decision
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 June 2021
ECLI:EU:T:2021:344 |
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Case T-126/19 Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Allocation of quotas for placing hydrofluorocarbons on the market – Plea of illegality – Article 16 of Regulation No 517/2014 and Annexes V and VI thereto – Principle of non-discrimination – Duty to state reasons
Language of the case: Polish
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Judgment of the General Court (First Chamber) of 16 June 2021
ECLI:EU:T:2021:360 |
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Case T-316/19 Lucaccioni v Commission
Public service – Officials – Social security – Article 73 of the Staff Regulations – Common rules on insurance against the risk of accident and of occupational disease – Occupational disease – Article 9 – Claim for reimbursement of medical costs – Article 23 – Consulting another doctor – Refusal to refer the case to the Medical Committee on the basis of Article 22 – Failure to apply, by analogy, the second subparagraph of Article 22(1) – Rule of consistency between the application and the claim – Temporal application of the law
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber) of 16 June 2021 (Extracts)
ECLI:EU:T:2021:367 |
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Case T-355/19 EC v Comittee of the Regions
Civil Service – Temporary staff – Article 2(c) of the CEOS – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) of the CEOS – Breakdown in the relationship of trust – Terms of notice – Abuse of process – Right to be heard – Principle of sound administration – Rights of the defence – Manifest error of assessment
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 16 June 2021 (Extracts)
ECLI:EU:T:2021:369 (Appeal: Case before the Court of Justice C-539/21 P) |
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Case T-187/20 Davide Groppi v EUIPO – Viabizzuno (Table lamp)
Community design – Invalidity proceedings – Registered Community design representing a table lamp – Earlier Community design – Ground for invalidity – No individual character – Article 6 of Regulation (EC) No 6/2002
Language of the case: Italian
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Judgment of the General Court (Second Chamber) of 16 June 2021
ECLI:EU:T:2021:363 (Appeal: Case before the Court of Justice C-490/21 P) |
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Case T-635/19 Fondazione Cassa di Risparmio di Pesaro and Others v Commission
Non-contractual liability – State aid – Banking sector – Planned recapitalisation of a member by a private-law consortium of banks – Measure authorised by the Central Bank of the Member State – Decision not to proceed with the rescue and initiation of a resolution procedure – Directives 2014/49/EU and 2014/59/EU – Decision not to raise any objections – Requests for information and views expressed by the Commission during the preliminary examination stage – No causal link
Language of the case: Italian
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Judgment of the General Court (Third Chamber) of 30 June 2021
ECLI:EU:T:2021:394 (Appeal: Case before the Court of Justice C-549/21 P) |
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Information (on unpublished decisions)
Case T-718/17 Italy v Commission
Rules on languages – Notice of Open Competitions for the recruitment of administrators and assistants in the buildings sector – Knowledge of languages – Restriction of the choice of language 2 of the competitions to three 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
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Judgment of the General Court (Ninth Chamber) of 2 June 2021 ECLI:EU:T:2021:316 |
Case T-71/18 Italy v Commission
Rules on languages – Notice of Open Competition for the recruitment of administrators in the fields of financial economics and macroeconomics – Knowledge of languages – Restriction of the choice of language 2 of the competition to three 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
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Judgment of the General Court (Ninth Chamber) of 2 June 2021 ECLI:EU:T:2021:317 |
Case T-223/18 Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission
State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Action for annulment – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Obligation to state reasons – Concept of economic activity
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Judgment of the General Court (Seventh Chamber) of 2 June 2021 ECLI:EU:T:2021:315 (Appeal: Case before the Court of Justice C-492/21 P) |
Case T-855/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 2 June 2021 ECLI:EU:T:2021:310 (Appeal: Case before the Court of Justice C-474/21 P) |
Case T-856/19 Franz Schröder v EUIPO – RDS Design (MONTANA)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark MONTANA – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Admission of evidence submitted for the first time before the Board of Appeal – Article 95(1) and (2) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 2 June 2021 ECLI:EU:T:2021:311 (Appeal: Case before the Court of Justice C-475/21 P) |
Case T-17/20 adp Gauselmann v EUIPO – Gameloft (GAMELAND)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GAMELAND – Earlier EU word mark Gameloft – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001 – Restriction of the services covered in the trade mark application
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Judgment of the General Court (Fifth Chamber) of 2 June 2021 ECLI:EU:T:2021:313 |
Case T-183/20 Schneider v EUIPO – Raths (Teslaplatte)
EU trade mark – Invalidity proceedings – EU word mark Teslaplatte – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 2 June 2021 ECLI:EU:T:2021:314 |
Case T-365/20 Birkenstock Sales v EUIPO (Wavy crisscrossing lines on the sole of a shoe)
Action for annulment – EU trade mark – Application for an EU trade mark consisting in wavy crisscrossing lines on the sole of a shoe – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 2 June 2021 ECLI:EU:T:2021:319 (Appeal: Case before the Court of Justice C-498/21 P) |
Case T-177/19 Exxonmobil Petroleum & Chemical v ECHA
REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 – Inclusion of phenanthrene on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence determination – Proportionality – Obligation to state reasons – Right to be heard
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Judgment of the General Court (Eighth Chamber) of 9 June 2021 ECLI:EU:T:2021:336 |
Case T-231/20 Price v Council
Action for annulment – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom – Council Decision on the conclusion of the Agreement on withdrawal – United Kingdom nationals – Loss of EU citizenship – Act not of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Tenth Chamber, Extended Composition) of 8 June 2021 ECLI:EU:T:2021:349 (Appeal: Case before the Court of Justice C-502/21 P) |
Case T-663/20 One Voice v ECHA
Action for annulment – REACH – Substance homosalate – Exclusive use for the manufacture of cosmetic products – Compliance check of registrations – Article 41(1) of Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 21(5) of Regulation (EC) No 771/2008 – Article 59 of the Rules of Procedure – Inadmissibility
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Order of the General Court (First Chamber) of 8 June 2021 ECLI:EU:T:2021:345 |
Case T-664/20 One Voice v ECHA
Action for annulment – REACH – Substance 2-ethylhexyl salicylate – Exclusive use for the manufacture of cosmetic products – Compliance check of registrations – Article 41(1) of Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 21(5) of Regulation (EC) No 771/2008 – Article 59 of the Rules of Procedure – Inadmissibility
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Order of the General Court (First Chamber) of 8 June 2021 ECLI:EU:T:2021:346 |
Case T-137/16 RENV Uniwersytet Wrocławski v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Eligible costs – Reimbursement of sums paid
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Judgment of the General Court (Eighth Chamber) of 9 June 2021 ECLI:EU:T:2021:335 |
Case T-781/16 Puma and Others v Commission
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reinstitution of a definitive anti-dumping duty and definitive collection of the provisional duty – Resumption of the proceeding which preceded the regulations declared invalid – Market economy treatment (MET) – Individual treatment (IT) – Desk analysis – Absence of a verification visit or a request for additional information – Non-reimbursement of anti-dumping duties – Legal basis – Legal certainty – Legitimate expectations – Non-retroactivity – Proportionality – Misuse of powers – Non-discrimination – Previous decision-making practice
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Judgment of the General Court (Third Chamber) of 9 June 2021 ECLI:EU:T:2021:328 (Appeal: Case before the Court of Justice C-507/21 P) |
Case T-132/18 Roland v Commission
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reinstitution of a definitive anti-dumping duty and definitive collection of the provisional duty – Resumption of the proceeding which preceded the regulations declared invalid – Market economy treatment (MET) – Individual treatment (IT) – Desk analysis – Absence of a verification visit or a request for additional information – Non-reimbursement of anti-dumping duties – Legal basis – Legal certainty – Legitimate expectations – Non-retroactivity – Proportionality – Non-discrimination – Article 1 of Regulation (EC) No 384/96 (now Article 1 of Regulation (EU) 2016/1036) – Previous decision-making practice – Competence of national authorities and courts
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Judgment of the General Court (Third Chamber) of 9 June 2021 ECLI:EU:T:2021:329 |
Case T-302/19 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 9 June 2021 ECLI:EU:T:2021:333 |
Case T-303/19 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 9 June 2021 ECLI:EU:T:2021:334 |
Case T-575/19 Hill Mansilla v Commission
Civil service – Officials – Promotion – 2018 promotion exercise – Decision not to promote – Comparative examination of the merits – Assessment criteria – Manifest error of assessment – Equal treatment – Non-discrimination
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Judgment of the General Court (First Chamber) of 9 June 2021 ECLI:EU:T:2021:324 |
Case T-611/19 Iniciativa 'Derecho de la UE, derechos de las minorías y democratización de las instituciones españolas' v Commission
Institutional law – European citizens’ initiative – ‘EU law, minority rights and democratisation of Spanish institutions’ – New EU framework to strengthen the rule of law – Refusal of registration – Manifest lack of powers of the Commission – No invitation to submit a proposal for a legal act of the Union – Article 4(2) and Article 2(1) of Regulation (EU) No 211/2011 – Obligation to state reasons – Article 296 TFEU
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Judgment of the General Court (Ninth Chamber) of 9 June 2021 ECLI:EU:T:2021:340 |
Case T-698/19 FJ and Others v EEAS
Civil service – Officials – Remuneration – EEAS staff posted to a third country – Update of the correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
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Judgment of the General Court (Eighth Chamber) of 9 June 2021 ECLI:EU:T:2021:337 |
Case T-699/19 FT and Others v Commission
Civil service – Officials – Remuneration – Commission staff posted to a third country – Update of the correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
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Judgment of the General Court (Eighth Chamber) of 9 June 2021 ECLI:EU:T:2021:338 (Appeal: Case before the Court of Justice C-518/21 P) |
Case T-880/19 Lianopoulou v Commission
Civil service – Officials – Decision on invalidity – Opinion of the invalidity committee – Article 78 of the Staff Regulations – Duty to state reasons
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Judgment of the General Court (First Chamber) of 9 June 2021 ECLI:EU:T:2021:325 |
Case T-130/20 Philip Morris Products v EUIPO (SIENNA SELECTION)
EU trade mark – Application for EU word mark SIENNA SELECTION – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 9 June 2021 ECLI:EU:T:2021:341 |
Case T-266/20 Global Chartered Controller Institute v EUIPO – CFA Institute (CCA CHARTERED CONTROLLER ANALYST CERTIFICATE)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCA CHARTERED CONTROLLER ANALYST CERTIFICATE – Earlier EU word mark CFA and earlier EU figurative mark CFA CHARTERED FINANCIAL ANALYST – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Relevant public – Level of attention
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Judgment of the General Court (Ninth Chamber) of 9 June 2021 ECLI:EU:T:2021:342 |
Case T-396/20 Riviera-Airport v EUIPO – Aéroports de la Côte d'Azur (RIVIERA AIRPORTS)
EU trade mark – Invalidity proceedings – EU figurative mark RIVIERA AIRPORTS – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 9 June 2021 ECLI:EU:T:2021:326 |
Case T-398/20 Riviera-Airport v EUIPO – Aéroports de la Côte d'Azur (RIVIERA AIRPORT)
EU trade mark – Invalidity proceedings – EU figurative mark RIVIERA AIRPORT – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 9 June 2021 ECLI:EU:T:2021:327 |
Case T-453/20 KZ v Commission
Civil service – Officials – 2019 promotion exercise – Decision not to promote – General provisions for implementing Article 45 of the Staff Regulations – Plea of illegality – Leave on personal grounds – Ineligibility for promotion
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Judgment of the General Court (Eighth Chamber) of 9 June 2021 ECLI:EU:T:2021:339 |
Case T-512/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 14 June 2021 ECLI:EU:T:2021:359 |
Case T-564/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 14 June 2021 ECLI:EU:T:2021:358 |
Case T-565/20 TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 14 June 2021 ECLI:EU:T:2021:357 |
Case T-695/17 Italy and Spain v Commission
Rules on languages – Notice of open competitions for the recruitment of German-language translators, French-language translators, Italian-language translators and Dutch-language translators – Restriction of the choice of languages 2 and 3 in the competitions to German, English and French – Regulation No 1 – Article 1d(1) and (6), Article 27 and Article 28(f) of the Staff Regulations – Discrimination based on language – Interests of the service – Proportionality – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:374 |
Joined Cases T-281/19 and T-351/19 Cyprus v EUIPO – Filotas Bellas & Yios (Halloumi Vermion)
EU trade mark – Invalidity proceedings – EU figurative mark Halloumi χαλλούμι Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927 – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Relative ground for invalidity – Article 53(1)(a) and Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) and (5) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 16 June 2021 ECLI:EU:T:2021:362 (Appeal: Case before the Court of Justice C-538/21 P) |
Case T-586/19 PL v Commission
Civil service – Officials – Career development report – 2017 assessment exercise – Appointment of the assessor – Article 22a of the Staff Regulations – General implementing provisions for Article 43 of the Staff Regulations – Duty to have regard for the welfare of officials – Reasonable time – Principle of impartiality – Article 41 of the Charter of Fundamental Rights – Obligation to state reasons – Article 26 of the Staff Regulations – Rights of the defence
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Judgment of the General Court (Seventh Chamber) of 16 June 2021 ECLI:EU:T:2021:370 (Appeal: Case before the Court of Justice C-537/21 P) |
Case T-678/19 Health Product Group v EUIPO – Bioline Pharmaceutical (Enterosgel)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark Enterosgel – No bad faith – Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 16 June 2021 ECLI:EU:T:2021:364 (Appeal: Case before the Court of Justice C-483/21 P) |
Case T-867/19 RA v Court of Auditors
Civil service – Officials – Promotion – 2016 promotion exercise – Decision not to promote the applicant to grade AD 11 – Absence of staff report – Comparison of merits – Compliance with a judgment of the General Court – Adoption of a new decision not to promote – Obligation to state reasons – Article 45 of the Staff Regulations – Manifest error of assessment
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Judgment of the General Court (First Chamber) of 16 June 2021 ECLI:EU:T:2021:361 |
Case T-196/20 Chanel v EUIPO – Innovative Cosmetic Concepts (INCOCO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark INCOCO – Earlier national word marks COCO – 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)
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Judgment of the General Court (Third Chamber) of 16 June 2021 ECLI:EU:T:2021:365 (Appeal: Case before the Court of Justice C-523/21 P) |
Case T-215/20 Fidia farmaceutici v EUIPO – Ioulia and Irene Tseti Pharmaceutical Laboratories (HYAL)
EU trade mark – Invalidity proceedings – EU word mark HYAL – Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 59(1)(a) of Regulation (EU) 2017/1001) – Absolute ground for refusal – Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Audi alteram partem rule – Obligation to state reasons – Sound administration and equal treatment – Article 165(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:371 |
Case T-368/20 Smiley Miley v EUIPO – Cyrus Trademarks (MILEY CYRUS)
EU trade mark – Opposition proceedings – Application for EU word mark MILEY CYRUS – Earlier EU figurative mark CYRUS – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 16 June 2021 ECLI:EU:T:2021:372 |
Case T-415/20 KT v EIB
Civil service – EIB staff – Disciplinary proceedings – Summary dismissal for grave misconduct – Rights of the defence – Hearing of witnesses – Delegation of power – Preparation of the contested decision – Reasonable period of time – Impartiality – Protection of personal data – Proportionality
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Judgment of the General Court (Fourth Chamber) of 16 June 2021 ECLI:EU:T:2021:368 |
Case T-420/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT8)
EU trade mark – Opposition proceedings – Application for EU word mark GT8 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
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Order of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:379 |
Case T-421/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT3)
EU trade mark – Opposition proceedings – Application for EU word mark GT3 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
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Order of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:377 |
Case T-422/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT5)
EU trade mark – Opposition proceedings – Application for EU word mark GT5 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
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Order of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:378 |
Case T-423/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT9)
EU trade mark – Opposition proceedings – Application for EU word mark GT9 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
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Order of the General Court (Ninth Chamber) of 16 June 2021 ECLI:EU:T:2021:376 |
Case T-481/20 Magnetec v EUIPO (CoolTUBE)
EU trade mark – Application for the EU word mark CoolTUBE – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 16 June 2021 ECLI:EU:T:2021:373 |
Case T-487/20 Rezon v EUIPO (imot .bg)
EU trade mark – Application for the EU figurative mark imot.bg – Absolute grounds for refusal – Lack of distinctiveness – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 – Partial confirmatory decision
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Judgment of the General Court (Third Chamber) of 16 June 2021 ECLI:EU:T:2021:366 (Appeal: Case before the Court of Justice C-476/21 P) |
Case T-533/20 Green Power Technologies v ECSEL Joint Undertaking
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Order of the General Court (Fourth Chamber) of 16 June 2021 ECLI:EU:T:2021:375 |
Case T-558/20 Sony Interactive Entertainment Europe v EUIPO – Huawei Technologies (GT10)
EU trade mark – Opposition proceedings – Application for EU word mark GT10 – Earlier EU figurative mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Relevant public – Level of attention – Action manifestly well founded
Case T-95/21 R Portugal v Commission
Interim relief – State aid – Aid scheme implemented by Portugal in favour of the Madeira Free Zone – Application of that aid scheme in breach of Commission Decisions C(2007) 3037 final and C(2013) 4043 final – Decision declaring the aid scheme incompatible with the internal market and ordering the recovery of aid – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 22 June 2021 ECLI:EU:T:2021:383 (Appeal: Case before the Court of Justice C-547/21 P(R)) |
Case T-207/21 R Polynt v ECHA
Application for interim measures – REACH – Hexahydro-4-methylphthalic anhydride substance – Obligation to register – Evaluation of dossiers – Examination of testing proposals – Obligation to provide certain information requiring animal testing – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 22 June 2021 ECLI:EU:T:2021:382 |
Case T-728/20 OM v Commission
Action for annulment – Civil service – Officials – Social security – JSIS – Reimbursement of medical expenses – Rejection of the application – Rejection of the complaint – Substitution of grounds – Lodging of a second complaint – Time limit for bringing an action – Inadmissibility
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Order of the General Court (Seventh Chamber) of 25 June 2021 ECLI:EU:T:2021:409 |
Case T-554/16 BZ v ECB
Public service – ECB staff – Application for recognition of the occupational origin of a disease – Articles 6.3.11 to 6.3.13 of the ECB Staff Rules – Irregularity of the procedure – No inquiry report – Non-contractual liability
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Judgment of the General Court (First Chamber) of 30 June 2021 ECLI:EU:T:2021:387 |
Case T-226/18 Global Silicones Council and Others v Commission
REACH – Updating of Annex XVII to Regulation (EC) No 1907/2006 concerning restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles – Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) – Manifest error of assessment – Annex XIII to Regulation No 1907/2006 – Weight-of-evidence determination – Article 68 of Regulation No 1907/2006 – Unacceptable risk – Proportionality – Essential procedural requirements
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 June 2021 ECLI:EU:T:2021:403 (Appeal: Case before the Court of Justice C-558/21 P) |
Case T-519/18 Global Silicones Council and Others v ECHA
REACH – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexsiloxane (D6) in that list – Articles 57 and 59 of Regulation No 1907/2006 – Annex XIII to Regulation No 1907/2006 – Weight-of-evidence determination – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 June 2021 ECLI:EU:T:2021:404 (Appeal: Case before the Court of Justice C-559/21 P) |
Case T-265/19 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Italy – Clearance of the accounts – Conformity clearance – Financial corrections – Regulation (EU) No 1306/2013 – Risk of financial loss – Regulation (EC) No 1290/2005 – Regulation (EC) No 885/2006 – Primary administrative or judicial finding – Existence of an irregularity
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Judgment of the General Court (Third Chamber) of 30 June 2021 ECLI:EU:T:2021:392 |
Case T-624/19 Welter's v EUIPO (Shape of a handgrip with bristles)
EU trade mark – Application for three-dimensional EU trade mark – Shape of a handgrip with a brush – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 30 June 2021 ECLI:EU:T:2021:393 |
Case T-641/19 FD v Joint undertaking Fusion for Energy
Civil service – Temporary staff – Fixed-term contract – Decision not to renew – Psychological harassment – Misuse of powers – Duty to have regard for the welfare of staff – Equal treatment – Responsibilities
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Judgment of the General Court (First Chamber) of 30 June 2021 ECLI:EU:T:2021:388 |
Case T-709/19 GW v Court of Auditors
Civil service – Officials – Official in a state of total permanent invalidity – Periodic medical examination – Arrangements – Application for the matter to be referred to the Invalidity Committee – Refusal – Article 15 of Annex VIII to the Staff Regulations – Conclusion No 273/15 of the Committee of Heads of Administration – Duty to have regard for the welfare of officials
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Judgment of the General Court (First Chamber) of 30 June 2021 ECLI:EU:T:2021:389 |
Case T-746/19 GY v ECB
Civil service – ECB staff – Remuneration – Household allowance – Amendment of the scheme applicable – Rejection of the 2019 application – Plea of illegality – Equal treatment – No transitional measures
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Judgment of the General Court (First Chamber) of 30 June 2021 ECLI:EU:T:2021:390 |
Case T-15/20 Skyliners v EUIPO – Sky (SKYLINERS)
EU trade mark – Opposition proceedings – Application for EU word mark SKYLINERS – Earlier EU word marks SKY – Relative ground for refusal – Article 8(1)(b) and Article 41(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 46(1)(a) of Regulation (EU) 2017/1001) – Entitlement to file the opposition
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Judgment of the General Court (Sixth Chamber) of 30 June 2021 ECLI:EU:T:2021:401 |
Case T-51/20 Mélin v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Plea of illegality – Rights of the defence – Error of fact
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Judgment of the General Court (Fifth Chamber) of 30 June 2021 ECLI:EU:T:2021:398 (Appeal: Case before the Court of Justice C-541/21 P) |
Case T-204/20 Zoom v EUIPO – Facetec (ZOOM)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark ZOOM – Earlier EU figurative and word marks ZOOM – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 30 June 2021 ECLI:EU:T:2021:391 |
Case T-227/20 Biovene Cosmetics v EUIPO – Eugène Perma France (BIOVÈNE BARCELONA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIOVÈNE BARCELONA – Earlier EU word mark BIORENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 30 June 2021 ECLI:EU:T:2021:395 |
Case T-232/20 Biovene Cosmetics v EUIPO – Eugène Perma France (BIOVÈNE)
EU trade mark – Opposition proceedings – Application for the EU word mark BIOVÈNE – Earlier EU word mark BIORENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 30 June 2021 ECLI:EU:T:2021:396 |
Case T-285/20 MCM Products v EUIPO – The Nomad Company (NOMAD)
EU trade mark – Invalidity proceedings – European Union word mark NOMAD – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
Case T-290/20 Ceramica Flaminia v EUIPO – Ceramica Cielo (goclean)
EU trade mark – Invalidity proceedings – EU figurative mark goclean – Absolute ground for refusal – No distinctive character – Article 52(1)(a) and Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and Article 7(1)(b) of Regulation (EU) 2017/1001) – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – No distinctive character acquired through use – Article 52(2) of Regulation No 207/2009 (now Article 59(2) of Regulation 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 30 June 2021 ECLI:EU:T:2021:405 |
Case T-362/20 Acciona v EUIPO – Agencia Negociadora PB (REACCIONA)
EU trade mark – Revocation proceedings – EU word mark REACCIONA – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Existence of domestic legal proceedings – No proper reason for non-use
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Judgment of the General Court (Fifth Chamber) of 30 June 2021 ECLI:EU:T:2021:399 (Appeal: Case before the Court of Justice C-557/21 P) |
Case T-373/20 Framery v EUIPO – Smartblock (Transportable building)
Community design – Invalidity proceedings – Community design representing a transportable building – Earlier designs – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – No different overall impression – Article 6(1)(b) and Article 25(1)(b) of Regulation No 6/2002 – Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 30 June 2021 ECLI:EU:T:2021:400 |
Case T-501/20 Makk v EUIPO – Ubati Luxury Cosmetics (PANTA RHEI)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PANTA RHEI – Earlier EU word mark PANTA RHEI – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 30 June 2021 ECLI:EU:T:2021:402 |
Case T-531/20 Wolf Oil v EUIPO – Rolf Lubricants (ROLF)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ROLF – Earlier international mark Wolf – 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) – Obligation to state reasons – Right to be heard
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Judgment of the General Court (Single Judge) of 30 June 2021 ECLI:EU:T:2021:406 |
July 2021
Case T-692/15 RENV HTTS v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures against Iran – List of persons and entities subject to the freezing of funds and economic resources – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
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Judgment of the General Court (First Chamber) of 7 July 2021
ECLI:EU:T:2021:410 |
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Case T-455/17 Bateni v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures against Iran – List of persons and entities subject to the freezing of funds and economic resources – Jurisdiction of the General Court – Limitation – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: German
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Judgment of the General Court (First Chamber) of 7 July 2021
ECLI:EU:T:2021:411 |
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Case T-668/19 Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink)
EU trade mark – Application for EU trade mark consisting of a combination of sounds on opening a can of soft drink – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Article 95(1) of Regulation 2017/1001
Language of the case: German
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 7 July 2021
ECLI:EU:T:2021:420 |
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Case T-248/18 Cabello Rondón v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment – Freedom of expression
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 (Extracts)
ECLI:EU:T:2021:450 |
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Case T-35/19 Benavides Torres v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the lists – Error of assessment
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 (Extracts)
ECLI:EU:T:2021:466 |
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Case T-65/19 AI v ECDC
Civil service – ECDC staff – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Scope of the duty to provide assistance – Article 24 of the Staff Regulations – Resignation of the perpetrator of the behaviour complained of – Failure to open a disciplinary procedure – Article 86 of the Staff Regulations – Reply to a request for assistance – Action for annulment – Act adversely affecting an official – Infringement of the right to be heard – No statement of reasons – Denial of access to the investigation report and other documents – Article 41 of the Charter of Fundamental Rights – Liability
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 14 July 2021
ECLI:EU:T:2021:454 |
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Case T-185/19 Public.Resource.Org and Right to Know v Commission
Access to documents – Regulation (EC) No 1049/2001 – Harmonised standards – Documents concerning four harmonised standards approved by CEN – Refusal to grant access – Exception relating to the protection of the commercial interests of a third party – Protection deriving from copyright
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 14 July 2021
ECLI:EU:T:2021:445 (Appeal: Case before the Court of Justice C-588/21 P) |
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Case T-716/19 Interpipe Niko Tube and Interpipe Nizhnedneprovsky Tube Rolling Plant v Commission
Dumping – Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine – Interim review – Calculation of the normal value – Selling, general and administrative costs – Sales between related companies – Ordinary course of trade – Single economic entity – Article 2(3), (4) and (6) of Regulation (EU) 2016/1036 – Export price – Adjustment – Functions similar to those of an agent working on a commission basis – Article 2(10)(i) of Regulation 2016/1036 – Manifest error of assessment – Methodology different from that used in a previous investigation – Article 11(9) of Regulation 2016/1036 – Legitimate expectations – Rights of the defence
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 14 July 2021
ECLI:EU:T:2021:457 |
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Case T-399/20 Cole Haan v EUIPO – Samsøe & Samsøe Holding (Ø)
EU trade mark – Opposition proceedings – Application for EU figurative mark Ø – Earlier international figurative mark ɸ – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 (Extracts)
ECLI:EU:T:2021:442 |
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Case T-488/20 Guerlain v EUIPO (Shape of an oblong, tapered and cylindrical lipstick)
EU trade mark – Application for registration of a three-dimensional EU trade mark – Shape of an oblong, tapered and cylindrical lipstick – Absolute ground for refusal – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 (Extracts)
ECLI:EU:T:2021:443 |
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Case T-677/20 Ryanair and Laudamotion v Commission (Austrian Airlines; Covid-19)
State aid – Austrian air transport market – Aid granted by Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision not to raise any objections – Aid previously granted to the parent company of the recipient – Aid intended to make good the damage caused by an exceptional occurrence – Freedom of establishment – Free provision of services – Equal treatment – Duty to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 July 2021
ECLI:EU:T:2021:465 (Appeal: Case before the Court of Justice C-591/21 P) |
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Information (on unpublished decisions)
Case T-777/19 R Bourel and Others v Commission
Application for interim measures – State aid – Construction of wind farms – Individual aid measures granted by France to several marine wind farms – Decision declaring the aid compatible with the internal market – Start of work – Application for interim measures – No urgency
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Order of the General Court of 2 July 2021 ECLI:EU:T:2021:407 |
Case T-587/16 RENV HM v Commission
Civil service – Officials – Recruitment – Competition notice EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time – Division of competences between EPSO and the competition selection board – Interest in bringing proceedings
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Judgment of the General Court (Fourth Chamber) of 7 July 2021 ECLI:EU:T:2021:415 |
Case T-680/19 Irish Wind Farmers' Association and Others v Commission
State aid – Energy sector – Irish legislation on business property taxation – Method for calculating the amount of the tax owed by fossil fuel electricity producers – Complaint from wind farm operators – Decision finding that there is no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of the interested parties
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Judgment of the General Court (First Chamber) of 7 July 2021 ECLI:EU:T:2021:412 (Appeal: Case before the Court of Justice C-578/21 P) |
Case T-28/20 ID v EEAS
Civil service – Members of the contract staff – Decision to dismiss before the end of the probationary period – Obvious inadequacy – Inappropriate conduct – Article 84 of the CEOS
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Judgment of the General Court (Fourth Chamber) of 7 July 2021 ECLI:EU:T:2021:416 |
Case T-205/20 Frommer v EUIPO – Minerva (I-cosmetics)
EU trade mark – Revocation proceedings – EU word mark I-cosmetics – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 7 July 2021 ECLI:EU:T:2021:414 |
Case T-267/20 Arbuzov v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 7 July 2021 ECLI:EU:T:2021:417 |
Case T-268/20 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Obligation of the Council to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 7 July 2021 ECLI:EU:T:2021:418 |
Case T-269/20 Pshonka v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State respected the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 7 July 2021 ECLI:EU:T:2021:419 |
Case T-386/20 Micron Technology v EUIPO (INTELLIGENCE, ACCELERATED)
EU trade mark – Application for EU word mark INTELLIGENCE, ACCELERATED – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 7 July 2021 ECLI:EU:T:2021:422 |
Case T-464/20 Eggy Food v EUIPO (YOUR DAILY PROTEIN)
EU trade mark – Application for the EU figurative mark YOUR DAILY PROTEIN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 7 July 2021 ECLI:EU:T:2021:421 |
Case T-492/20 S. Tous v EUIPO – Zhejiang China-Best Import & Export (Lamp)
Community design – Invalidity proceedings – Registered Community design representing a lamp – Earlier EU figurative marks representing a teddy bear – Grounds for invalidity – Article 25(1)(b) and (e) of Regulation (EC) No 6/2002
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Judgment of the General Court (Second Chamber) of 7 July 2021 ECLI:EU:T:2021:413 |
Case T-75/21 Mendes de Almeida v Council
Action for annulment – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Portugal – Period for instituting proceedings – Starting point of the period for instituting proceedings – Inadmissibility
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Order of the General Court (Ninth Chamber) of 8 July 2021 ECLI:EU:T:2021:424 (Appeal: Case before the Court of Justice C-576/21 P) |
Case T-357/20 Kozhuvchanka uvoz-izvoz Kavadarci v EUIPO (NASHE MAKEDONSKO PILSNER BEER MACEDONIAN PREMIUM BEER)
EU trade mark – Application for the EU figurative mark NASHE MAKEDONSKO PILSNER BEER MACEDONIAN PREMIUM BEER – Absolute ground for refusal – Descriptiveness – Geographical origin – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 9 July 2021 ECLI:EU:T:2021:467 |
Case T-866/19 Ryanair and Laudamotion v Commission
Action for annulment – Air transport – Regulation (EC) No 1008/2008 – Rules on the distribution of air traffic between Schiphol and Lelystad Airports – Priority for the allocation of slots to Lelystad Airport – Regulatory act entailing implementing measures – Not individually concerned – Inadmissibility
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Order of the General Court (Third Chamber) of 12 July 2021 ECLI:EU:T:2021:480 (Appeal: Case before the Court of Justice C-581/21 P) |
Case T-230/21 R Jalkh v Parliament
Interim measures – Law governing the institutions – Member of the European Parliament – Privileges and immunities – Waiver of parliamentary immunity – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 12 July 2021 ECLI:EU:T:2021:426 |
Case T-245/18 Benavides Torres v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:447 |
Case T-246/18 Moreno Pérez v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:448 |
Case T-247/18 Lucena Ramírez v Council
Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:449 |
Case T-249/18 Saab Halabi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:451 |
Case T-550/18 Harrington Padrón v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Error of assessment – Right to property
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:452 |
Case T-551/18 Oblitas Ruzza v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:453 |
Case T-552/18 Moreno Reyes v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:455 |
Case T-553/18 Rodríguez Gómez v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:458 |
Case T-554/18 Hernández Hernández v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Error of assessment – Right to property
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:461 |
Case T-32/19 Harrington Padrón v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the lists – Error of assessment
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:463 |
Case T-164/19 AQ v eu-LISA
Civil service – Members of the temporary staff – Sick leave – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Duty of care – Article 34 of the Charter of Fundamental Rights – Liability – Material harm – Non-material harm – Causal link
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Judgment of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:456 |
Case T-253/19 BG v Parliament
Civil service – Accredited parliamentary assistants – Termination of the contract – Breakdown in the relationship of trust – Obligation to state reasons – Right to be heard – Psychological harassment – Request for assistance – Retaliation – Manifest errors of assessment – Liability
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Judgment of the General Court (Eighth Chamber) of 14 July 2021 ECLI:EU:T:2021:459 |
Case T-632/19 DD v FRA
Civil service – Members of the temporary staff – Claims for damages – Non-material damage – Implementation of the judgments of the Civil Service Tribunal and of the General Court
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Judgment of the General Court (Fourth Chamber) of 14 July 2021 ECLI:EU:T:2021:434 (Appeal: Case before the Court of Justice C-587/21 P) |
Case T-648/19 Nike European Operations Netherlands and Converse Netherlands v Commission
State aid – Aid implemented by the Netherlands in favour of Nike – Tax rulings – Decision to initiate the formal investigation procedure – Arm’s length principle – Advantage – Selective nature – Equal treatment – Good administration – Inadequate preliminary examination – Serious difficulties – Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 14 July 2021 ECLI:EU:T:2021:428 |
Case T-670/19 Carbajo Ferrero v Parliament
Civil service – Officials – Procedure of appointment to a director’s post – Notice of vacancy – Rejection of the applicant’s application and appointment of another applicant – Obligation to state reasons – Plea of illegality in respect of the measures setting the internal rules of procedure – Irregularity of the recruitment procedure – Manifest error of assessment – Inaccuracy of the information sent to the Appointing Authority – Transparency – Equal treatment – Liability – Material and non-material damage
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Judgment of the General Court (Fourth Chamber) of 14 July 2021 ECLI:EU:T:2021:435 (Appeal: Case before the Court of Justice C-613/21 P) |
Case T-810/19 Victoria's Secret Stores Brand Management v EUIPO – Yiwu Dearbody Cosmetics (BODYSECRETS)
EU trade mark – Invalidity proceedings – EU figurative mark BODYSECRETS – Absolute grounds for refusal – No distinctive character – Descriptive character – Customary nature – Article 7(1)(b), (c) and (d), and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (d), and Article 59(1)(a) of Regulation 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 14 July 2021 ECLI:EU:T:2021:460 |
Case T-65/20 Kneissl Holding v EUIPO – LS 9 (KNEISSL)
EU trade mark – Revocation proceedings – EU word mark KNEISSL – Partial revocation – No genuine use of the mark – Extent of use – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Rule 22(3) of Regulation (EC) No 2868/95 (now Article 10(3) of Delegated Regulation (EU) 2018/625) – Abuse of rights
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Judgment of the General Court (Ninth Chamber) of 14 July 2021 ECLI:EU:T:2021:462 |
Case T-75/20 Abitron Germany v EUIPO – Hetronic International (NOVA)
EU trade mark – Invalidity proceedings – EU word mark NOVA – Non-registered earlier national trade mark NOVA – Relative ground for refusal – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively) – Reference to the national law governing the earlier mark – Absolute ground for refusal – No bad faith – Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 14 July 2021 ECLI:EU:T:2021:431 (Appeal: Case before the Court of Justice C-589/21 P) |
Case T-79/20 AI v ECDC
Action for annulment and for damages – Civil service – ECDC staff – Psychological harassment – Article 12a of the Staff Regulations – Damage to reputation – Request for assistance – Article 24 of the Staff Regulations – Dismissal of application – Right to be heard – Absence of prima facie evidence – Duty of care – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 14 July 2021 ECLI:EU:T:2021:478 |
Case T-119/20 IN v Eismea
Civil service – Members of the temporary staff – Fixed-term contract – Decision not to renew – Appraisal – Right to be heard – Duty to have regard for the welfare of officials – Manifest error of assessment – Reasonable time – Liability – Non-material damage
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Judgment of the General Court (First Chamber) of 14 July 2021 ECLI:EU:T:2021:427 |
Case T-170/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:437 |
Case T-171/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:438 |
Case T-172/20 Rochefort v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:439 |
Case T-181/20 Griba v CPVO (Stark Gugger)
Plant varieties – Application for a Community plant variety right for the Stark Gugger apple variety – Technical examination – Testing location – Equal treatment – Rights of the defence – Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:440 |
Case T-182/20 Griba v CPVO (Gala Perathoner)
Plant varieties – Application for a Community plant variety right for the Gala Perathoner apple variety – Technical examination – Testing location – Equal treatment – Rights of the defence – Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:441 |
Case T-197/20 JT v EUIPO – Carrasco Pirard and Others (QUILAPAYÚN)
EU trade mark – Opposition proceedings – Application for the EU figurative mark QUILAPAYÚN – Relative ground for refusal – No well-known mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 14 July 2021 ECLI:EU:T:2021:429 |
Case T-297/20 Fashioneast and AM.VI. v EUIPO – Moschillo (RICH JOHN RICHMOND)
EU trade mark – Revocation proceedings – EU figurative mark RICH JOHN RICHMOND – Absence of genuine use of a trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in a form differing in elements which alter the distinctive character of the mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 14 July 2021 ECLI:EU:T:2021:432 (Appeal: Case before the Court of Justice C-599/21 P) |
Case T-389/20 KO v Commission
Civil service – Members of the temporary staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Period of training
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Judgment of the General Court (Fourth Chamber) of 14 July 2021 ECLI:EU:T:2021:436 |
Case T-527/20 Aldi v EUIPO (CUCINA)
EU trade mark – Application for the EU figurative mark CUCINA – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 14 July 2021 ECLI:EU:T:2021:433 |
Case T-562/20 Upper Echelon Products v EUIPO (Everlasting Comfort)
EU trade mark – International registration designating the European Union – Word mark Everlasting Comfort – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 14 July 2021 ECLI:EU:T:2021:464 |
Case T-622/20 Aldi v EUIPO (Cachet)
EU trade mark – Application for the EU word mark Cachet – Absolute grounds for refusal – Descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 14 July 2021 ECLI:EU:T:2021:446 |
Case T-740/20 Arnautu v Parliament
Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Plea of illegality – Rights of the defence – Error of assessment
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Judgment of the General Court (Fifth Chamber) of 14 July 2021 ECLI:EU:T:2021:444 (Appeal: Case before the Court of Justice C-573/21 P) |
Case T-749/20 Veronese v EUIPO – Veronese Design Company (VERONESE)
EU trade mark – Invalidity proceedings – EU figurative mark VERONESE – Earlier EU word mark VERONESE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation 207/2009 (now Article (8)(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Decision adopted following the annulment by the General Court of an earlier decision – Article 72(6) of Regulation 2017/1001 – res judicata
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Judgment of the General Court (Second Chamber) of 14 July 2021 ECLI:EU:T:2021:430 |
Case T-455/20 Roxtec v EUIPO – Wallmax (Representation of an orange square containing seven concentric black circles)
EU trade mark – Invalidity proceedings – EU figurative mark depicting an orange square containing seven concentric black circles – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
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Order of the General Court (Tenth Chamber) of 15 July 2021 ECLI:EU:T:2021:483 |
Case T-130/21 R CCPL and Others v Commission
Interim relief – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision imposing fines – Financial guarantee – 2006 Guidelines on the method for setting fines – Ability to pay – Application for suspension of operation of a measure – No prima facie case
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Order of the President of the General Court of 22 July 2021 ECLI:EU:T:2021:488 |
Case T-189/21 R Aloe Vera of Europe v Commission
Interim measures – Regulation (EC) No 1925/2006 – Substances prohibited, restricted or under Community scrutiny – Regulation (EU) 2021/468 – Prohibition of preparations from the leaf of Aloe species containing hydroxyanthracene derivatives – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 22 July 2021 ECLI:EU:T:2021:487 |
Case T-285/21 R Alliance française de Bruxelles-Europe and Others v Commission
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Order of the President of the General Court of 27 July 2021 ECLI:EU:T:2021:495 |
Case T-146/20 Csordas and Others v Commission
Action for annulment – Civil service – Officials – Regularity of the elections for the Luxembourg local section of the Commission’s Staff Committee – Presentation of a joint list of six trade unions or professional organisations – Supervisory obligation of the institution – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 28 July 2021 ECLI:EU:T:2021:501 |
Case T-634/20 UPTR v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1055 – International road haulage market – Cabotage – Trade association – Legal standing – Lack of individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 28 July 2021 ECLI:EU:T:2021:500 (Appeal: Case before the Court of Justice C-603/21 P) |
Case T-645/20 Dual Star Logistic and Others v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment of undertakings – Return of vehicles to the operational centre in the Member State of origin within a maximum period of eight weeks – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 28 July 2021 ECLI:EU:T:2021:507 |
Case T-646/20 NG and Others v Parliament and Council
Action for annulment – Road transport – Regulation (EU) 2020/1054 – Driver’s rest periods – Impossibility of taking certain rest periods in the vehicle – Return to the employer’s operational centre or to the place of residence for certain rest periods – Professional association – Standing to bring proceedings – Act not of individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 28 July 2021 ECLI:EU:T:2021:498 |
Case T-249/21 R SN v Parliament
Interim measures – Member of the European Parliament – Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility – No urgency
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Order of the President of the General Court of 28 July 2021 ECLI:EU:T:2021:496 |
Case T-272/21 R Puigdemont i Casamajó and Others v Parliament
Interim relief – Institutional law – Member of Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Application for suspension of operation of a measure – No urgency
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Order of the General Court of 30 July 2021 ECLI:EU:T:2021:497 (Appeal: Case before the Court of Justice C-629/21 P(R)) |
August 2021
Information (on unpublished decisions)
Case T-760/20 Jakeliūnas v ESMA
Action for annulment and for failure to act – Request to launch an inquiry – Refusal of the President of ESMA – Act not open to challenge – Inadmissibility – Application for an injunction – Lack of jurisdiction
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Order of the General Court (Second Chamber) of 10 August 2021 ECLI:EU:T:2021:512 |
September 2021
Case T-96/20 Gruppe Nymphenburg Consult v EUIPO (Limbic® Types)
EU trade mark – Application for the EU word mark Limbic® Types – Absolute grounds for refusal – Decision taken following the annulment by the General Court of an earlier decision – Referral to the Grand Board of Appeal – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Error of law – Examination of the facts of the Office’s own motion – Article 95(1) of Regulation 2017/1001 – Res judicata – Article 72(6) of Regulation 2017/1001 – Composition of the Grand Board of Appeal
Language of the case: German
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 1 September 2021
ECLI:EU:T:2021:527 |
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Case T-377/20 KN v EESC
Institutional law – Member of the EESC – OLAF investigation into allegations of psychological harassment – Decision to discharge a member from his duties involving the management and administration of staff – Action for annulment – Challengeable act – Admissibility – Measure taken in the interest of the service – Legal basis – Rights of the defence – Refusal of access to the annexes to the OLAF report – Disclosure of the substance of the witness statements in the form of a summary – Liability
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 1 September 2021
ECLI:EU:T:2021:528 (Appeal: Case before the Court of Justice C-673/21 P) |
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Case T-163/20 DEP Isopix v Parliament
Procedure – Taxation of costs
Language of the case: French
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Order of the General Court (Fourth Chamber) of 7 September 2021 (Extracts)
ECLI:EU:T:2021:536 |
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Case T-52/19 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
Language of the case: French
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Judgment of the General Court (First Chamber) of 8 September 2021
ECLI:EU:T:2021:537 |
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Case T-152/19 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
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 September 2021 (Extracts)
ECLI:EU:T:2021:539 (Appeal: Case before the Court of Justice C-694/21 P) |
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Case T-616/19 REV Katjes Fassin v EUIPO - Haribo The Netherlands & Belgium (WONDERLAND)
Procedure – Application for revision – EU trade mark – Opposition proceedings – Action against a decision of EUIPO partially refusing to register a mark – Withdrawal of the opposition before service of the order dismissing the action – Fact unknown to the applicant and to the General Court – Revision of the order – No need to adjudicate
Language of the case: German
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Order of the General Court (Second Chamber) of 13 September 2021
ECLI:EU:T:2021:597 |
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Cases T-337/18 and T-347/18 Laboratoire Pareva and Biotech3D v Commission
Biocidal products – Active substance PHMB (1415; 4.7) – Refusal of approval for product-types 1, 5 and 6 – Conditional approval for product-types 2 and 4 – Risks to human health and the environment – Regulation (EU) No 528/2012 – Article 6(7)(a) and (b) of Delegated Regulation (EU) No 1062/2014 – Harmonised classification of the active substance under Regulation (EC) No 1272/2008 – Prior consultation of the ECHA – Manifest error of assessment – Read-across – Right to be heard
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 15 September 2021
ECLI:EU:T:2021:594 (Appeal: Case before the Court of Justice C-702/21 P) |
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Case T-24/19 INC and Consorzio Stabile Sis v Commission
State aid – Italian motorways – Prolongation of concessions for the execution of works – Services of general economic interest – Cap on toll charges – Decision not to raise any objections – Article 106(2) TFEU – Actions brought by competitors of the beneficiary – Abandonment by the Member State of the plan to grant aid – Plan not capable of being implemented as approved – Annulment not procuring any advantage to the applicants – No longer any legal interest in bringing proceedings – No need to adjudicate
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2021
ECLI:EU:T:2021:586 |
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Case T-359/19 Daimler v Commission
Environment – Regulation (EC) No 443/2009 – Implementing Regulation (EU) No 725/2011 – Implementing Decision (EU) 2015/158 – Implementing Decision (EU) 2019/583 – Carbon dioxide emissions – Testing methodology – Passenger cars
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition) of 15 September 2021
ECLI:EU:T:2021:568 |
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Case T-777/19 CAPA and Others v Commission
State aid – Individual aid measures for the operation of offshore wind farms – Obligation to purchase electricity at a price higher than the market price – Preliminary investigation procedure – Decision not to raise any objections – Action for annulment – Article 1(h) of Regulation (EU) 2015/1589 – Status of interested party – Fisheries undertakings – Construction of wind farms in fishing grounds – No competitive relationship – No likelihood that granting the aid at issue will have an effect on the interests of fisheries undertakings – No direct individual effect – Inadmissibility
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2021
ECLI:EU:T:2021:588 (Appeal: Case before the Court of Justice C-742/21 P) |
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Case T-207/20 Residencial Palladium v EUIPO – Palladium Gestion (PALLADIUM HOTELS & RESORTS)
EU trade mark – Invalidity proceedings – EU figurative mark PALLADIUM HOTELS & RESORTS – Conditions governing admissibility of an application for a declaration of invalidity – Article 53(4) of Regulation (EC) No 207/2009 (now Article 60(4) of Regulation (EU) 2017/1001) – Article 56(3) of Regulation No 207/2009 (now Article 63(3) of Regulation 2017/1001)
Language of the case: Spanish
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Judgment of the General Court (Fifth Chamber) of 15 September 2021
ECLI:EU:T:2021:587 |
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Case T-466/20 LF v Commission
Civil service – Members of the contract staff – Remuneration – Expatriation allowance – Article 4(1)(b) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Habitual residence – Duties performed in an international organisation established in the State of employment
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 15 September 2021
ECLI:EU:T:2021:574 |
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Joined Cases T-639/14 RENV, T-352/15 and T-740/17 DEI v Commission
State aid – Tariff for electricity supply – Fixing of the tariff invoiced to Alouminion by decision of an arbitration tribunal – Decision to take no further action on the complaint – Decision finding that there is no aid – Act open to challenge – Interested person status – Interest in bringing proceedings – Locus standi – Admissibility – Whether attributable to the State – Advantage – Private operator principle – Serious difficulties
Language of the case: Greek
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Judgment of the General Court (Third Chamber, Extended Composition) of 22 September 2021
ECLI:EU:T:2021:604 (Appeal: Case before the Court of Justice C-739/21 P) (Appeal: Case before the Court of Justice C-701/21 P) |
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Case T-425/18 Altice Europe v Commission
Competition – Concentrations – Telecommunications sector – Decision imposing fines for putting into effect a concentration before it has been notified and authorised – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Legal certainty – Legitimate expectations – Principle of legality – Presumption of innocence – Proportionality – Gravity of the infringements – Implementation of the infringements – Exchange of information – Amount of fines – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 22 September 2021
ECLI:EU:T:2021:607 (Appeal: Case before the Court of Justice C-746/21 P) |
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Cases T-128/20 and T-129/20 Collibra v EUIPO – Dietrich (COLLIBRA and collibra)
EU trade mark – Opposition proceedings – Applications for the EU word mark COLLIBRA and figurative mark collibra – Earlier national word mark Kolibri – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Second sentence of Article 94(1) of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Third Chamber) of 22 September 2021 (Extracts)
ECLI:EU:T:2021:603 (Appeal: Case before the Court of Justice C-730/21 P) |
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Case T-169/20 Marina Yachting Brand Management v EUIPO – Industries Sportswear (MARINA YACHTING)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Trade mark involved in insolvency proceedings – Registration of the transfer of the mark – Effects vis-à-vis third parties of bankruptcy or similar proceedings – Competence of EUIPO – Duty of diligence – Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 – Articles 3, 7 and 19 of Regulation (EU) 2015/848
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 22 September 2021
ECLI:EU:T:2021:609 (Appeal: Case before the Court of Justice C-743/21 P) |
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Case T-195/20 Sociedade da Água de Monchique v EUIPO – Ventura Vendrell (chic ÁGUA ALCALINA 9,5 PH)
EU trade mark – Opposition proceedings – Application for EU figurative mark chic ÁGUA ALCALINA 9,5 PH – Earlier EU word mark CHIC BARCELONA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: Portuguese
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Judgment of the General Court (Second Chamber) of 22 September 2021
ECLI:EU:T:2021:601 |
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Case T-203/20 Al-Imam v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Rights of the defence – Right to effective judicial protection – Error of assessment – Proportionality – Right to property – Damage to reputation
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 22 September 2021 (Extracts)
ECLI:EU:T:2021:605 |
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Case T-435/20 JR v Commission
Civil service – Officials – Recruitment – Internal competition COM/03/AD/18 (AD 6) – Decision not to include the applicant’s name on the reserve list for the competition – Obligation to state reasons – Secrecy of the selection board’s proceedings – Weighting of the elements of a test specified in the competition notice
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 22 September 2021
ECLI:EU:T:2021:608 |
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Case T-341/18 Nec v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Attribution to the parent company of the infringement committed by its subsidiary – 2006 Guidelines on the method of setting fines – Gravity of the infringement – Increase in the amount of the fine for repeated infringement – Proportionality – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts)
ECLI:EU:T:2021:634 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-786/21 P) |
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Case T-342/18 Nichicon Corporation v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Restriction of competition by object – Statement of objections – Point 13 of the 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Single and continuous infringement – Gravity of the infringement – Public distancing – Mitigating circumstances – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts)
ECLI:EU:T:2021:635 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-757/21 P) |
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Case T-343/18 Tokin v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Statement of objections – 2006 Guidelines on the method of setting fines – Value of sales – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts)
ECLI:EU:T:2021:636 |
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Case T-344/18 Rubycon and Rubycon Holdings v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Fines – Partial immunity from fines – Point 26 of the 2006 Leniency Notice – Reduction in the amount of the fine – Point 37 of the 2006 Guidelines on the method of setting fines – Ceiling of 10% of turnover – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts)
ECLI:EU:T:2021:637 |
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Case T-363/18 Nippon Chemi-Con Corporation v Commission
Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Rights of the defence and right to be heard – Inalterability of the measure – Single and continuous infringement – Restriction of competition by object – 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances – Point 37 of the 2006 Guidelines on the method of setting fines – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts)
ECLI:EU:T:2021:638 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-759/21 P) |
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Case T-279/19 Front Polisario v Council
External relations – International agreements – Euro-Mediterranean Association Agreement EC-Morocco – Agreement in the form of an Exchange of Letters on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Decision approving the conclusion of the agreement – Action for annulment – Admissibility – Capacity to bring legal proceedings – Direct concern – Individual concern – Territorial scope – Jurisdiction – Court’s interpretation of international law – Principle of self-determination – Principle of the relative effect of treaties – Possibility of relying on these principles – Concept of consent – Application – Discretion – Limits – Maintenance of the effects of the contested decision
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021
ECLI:EU:T:2021:639 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-779/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-799/21 P) |
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Joined Cases T-344/19 and T-356/19 Front Polisario v Council
External relations – International agreements – Euro-Mediterranean Association Agreement EC-Morocco – Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco – Implementation protocol to the Partnership Agreement – Exchange of Letters accompanying the Partnership Agreement – Conclusion decision – Regulation on the allocation of fishing opportunities among the Member States – Action for annulment – Admissibility – Capacity to bring legal proceedings – Direct concern – Individual concern – Territorial scope – Jurisdiction – The Court’s interpretation of international law – Principle of self-determination – Principle of the relative effect of treaties – Possibility of relying on those principles – Concept of consent – Implementation – Discretion – Limits – Maintenance of the effects of the contested decision
Language of the case: French
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021
ECLI:EU:T:2021:640 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-778/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-798/21 P) |
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Case T-569/19 AlzChem Group v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the recovery of State aid following a decision declaring the aid incompatible with the internal market and ordering its recovery – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Overriding public interest – Principle of non-discrimination – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 29 September 2021
ECLI:EU:T:2021:628 |
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Case T-116/20 Società agricola Vivai Maiorana and Others v Commission
Agriculture – Regulation (EU) 2016/2031 – Protective measures against pests of plants – List of Union regulated non-quarantine pests – Threshold above which the presence of a Union regulated non-quarantine pest on plants for planting has an unacceptable economic impact – Implementing Regulation (EU) 2019/2072 – Professional associations – Action for annulment – Locus standi – Admissibility – Proportionality – Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber) of 29 September 2021
ECLI:EU:T:2021:632 |
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Information (on unpublished decisions)
Case T-517/19 Homoki v Commission
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Judgment of the General Court (Ninth Chamber) of 1 September 2021 ECLI:EU:T:2021:529 |
Case T-834/19 e*Message Wireless Information Services v EUIPO – Apple (e*message)
EU trade mark – Invalidity proceedings – EU figurative mark e*message – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Declaration of invalidity – Provisions applicable ratione temporis – Application of subsequent case-law – Article 17 of the Charter of Fundamental Rights – Principles of protection of legitimate expectations and of legal certainty
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Judgment of the General Court (Third Chamber) of 1 September 2021 ECLI:EU:T:2021:522 |
Case T-23/20 FF IP v EUIPO – Seven (the DoubleF)
EU trade mark – Opposition proceedings – Application for EU figurative mark the DoubleF – Earlier EU word mark THE DOUBLE – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 1 September 2021 ECLI:EU:T:2021:523 |
Case T-463/20 Sony Interactive Entertainment Europe v EUIPO – Wong (GT RACING)
EU trade mark – Opposition proceedings – Application for EU word mark GT RACING – Earlier EU figurative trade mark representing bold curved, vertical and horizontal lines – Earlier EU word mark GT – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Earlier non-registered national marks – Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) – Rules governing common-law action for passing off – No misrepresentation – Use in the course of trade of more than mere local significance – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom
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Judgment of the General Court (Ninth Chamber) of 1 September 2021 ECLI:EU:T:2021:530 (Appeal: Case before the Court of Justice C-678/21 P) |
Case T-561/20 Sony Interactive Entertainment Europe v EUIPO – Vieta Audio (Vita)
EU trade mark – Revocation proceedings – EU word mark Vita – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in connection with the goods in respect of which the mark was registered
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Judgment of the General Court (Third Chamber) of 1 September 2021 ECLI:EU:T:2021:524 (Appeal: Case before the Court of Justice C-679/21 P) |
Case T-566/20 Residencial Palladium v EUIPO – Palladium Gestion (PALLADIUM HOTEL GARDEN BEACH)
EU trade mark – Invalidity proceedings – EU figurative mark PALLADIUM HOTEL GARDEN BEACH – Earlier national trade name GRAND HOTEL PALLADIUM – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 1 September 2021 ECLI:EU:T:2021:525 (Appeal: Case before the Court of Justice C-674/21 P) |
Case T-697/20 Bimbo Donuts Iberia v EUIPO – Hijos de Antonio Juan (DONAS DULCESOL)
EU trade mark – Opposition proceedings – Application for EU word mark DONAS DULCESOL – Earlier national word mark DONAS – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Lack of proof of genuine use of earlier mark – Classification of the goods in respect of which genuine use has been shown – Article 47(2) and (3) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 1 September 2021 ECLI:EU:T:2021:526 |
Case T-277/20 MKB Multifunds v Commission
Action for annulment – State aid – Private equity fund – Complaint – Measures allegedly constituting State aid related to Dutch Venture Initiative – Decision adopted at the end of the preliminary procedure for reviewing aid – Decision finding that there is no State aid – Status as an interested party – Safeguarding of procedural rights – Inadmissibility
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Order of the General Court (Eighth Chamber) of 6 September 2021 ECLI:EU:T:2021:560 (Appeal: Case before the Court of Justice C-665/21 P) |
Case T-328/18 Naturgy Energy Group v Commission
State aid – Environmental incentive adopted by Spain in favour of coal-fired power plants – Decision to initiate the procedure laid down by Article 108(2) TFEU – Obligation to state reasons – Manifest error of assessment – Selective nature
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Judgment of the General Court (Seventh Chamber) of 8 September 2021 ECLI:EU:T:2021:548 (Appeal: Case before the Court of Justice C-698/21 P) (Appeal: Case before the Court of Justice C-693/21 P) |
Case T-355/18 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
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Judgment of the General Court (Ninth Chamber) of 8 September 2021 ECLI:EU:T:2021:553 |
Case T-193/19 Achema and Achema Gas Trade v Commission
State aid – Aid to Litgas for the supply of a minimum quantity of LNG to the LNG terminal at the sea port of Klaipėda – Decision not to raise objections – Safeguarding procedural rights – EU framework for State aid in the form of public service compensation – Service of general economic interest – Compensation for a service of general economic interest – Boil-off costs – Balancing costs – Security of supply – Article 14 of Directive 2004/18/EC – Body of consistent evidence
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Judgment of the General Court (Tenth Chamber) of 8 September 2021 ECLI:EU:T:2021:558 |
Case T-554/19 Spain v Commission
Rules on languages – Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting – Restriction of the choice of language 2 of the competition 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
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Judgment of the General Court (Ninth Chamber) of 8 September 2021 ECLI:EU:T:2021:554 |
Case T-630/19 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
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Judgment of the General Court (First Chamber) of 8 September 2021 ECLI:EU:T:2021:538 |
Case T-84/20 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
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Judgment of the General Court (Ninth Chamber) of 8 September 2021 ECLI:EU:T:2021:555 |
Case T-85/20 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
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Judgment of the General Court (Ninth Chamber) of 8 September 2021 ECLI:EU:T:2021:556 |
Case T-86/20 Qx World v EUIPO – Mandelay (SCIO)
EU trade mark – Invalidity proceedings – EU word mark SCIO – Earlier non-registered mark SCIO – 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
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Judgment of the General Court (Ninth Chamber) of 8 September 2021 ECLI:EU:T:2021:557 |
Case T-154/20 IY 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
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Judgment of the General Court (Eighth Chamber) of 8 September 2021 ECLI:EU:T:2021:549 |
Case T-155/20 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
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Judgment of the General Court (Eighth Chamber) of 8 September 2021 ECLI:EU:T:2021:550 |
Case T-156/20 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
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Judgment of the General Court (Eighth Chamber) of 8 September 2021 ECLI:EU:T:2021:551 |
Case T-458/20 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
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Judgment of the General Court (Sixth Chamber) of 8 September 2021 ECLI:EU:T:2021:543 |
Case T-459/20 SBG v EUIPO – VF International (GEOGRAPHICAL NORWAY EXPEDITION)
EU trade mark – Invalidity proceedings – EU figurative mark GEOGRAPHICAL NORWAY EXPEDITION – Absolute ground for refusal – Absolute ground for invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Bad faith – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 8 September 2021 ECLI:EU:T:2021:544 |
Case T-460/20 SBG v EUIPO – VF International (Geographical Norway)
EU trade mark – Invalidity proceedings – EU figurative mark Geographical Norway – Absolute ground for refusal – Absolute ground for invalidity – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Bad faith – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 8 September 2021 ECLI:EU:T:2021:545 |
Case T-461/20 SBG v EUIPO – VF International (GEOGRAPHICAL NORWAY)
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Judgment of the General Court (Sixth Chamber) of 8 September 2021 ECLI:EU:T:2021:546 |
Case T-489/20 Eos Products v EUIPO (Shape of a spherical container)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a spherical container – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2007/1001)
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Judgment of the General Court (Sixth Chamber) of 8 September 2021 ECLI:EU:T:2021:547 (Appeal: Case before the Court of Justice C-672/21 P) |
Case T-493/20 Sfera Joven v EUIPO – Koc (SFORA WEAR)
EU trade mark – Opposition proceedings – Application for EU word mark SFORA WEAR – Earlier EU figurative marks Sfera KIDS and Sfera – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 8 September 2021 ECLI:EU:T:2021:540 |
Case T-555/20 QB v ECB
Civil service – ECB staff – Appraisal report – 2015 appraisal exercise – Compliance with a judgment of the General Court – Article 266 TFEU – Duty of impartiality – ECB staff appraisal guide – Manifest errors of assessment – Liability
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Judgment of the General Court (Eighth Chamber) of 8 September 2021 ECLI:EU:T:2021:552 |
Case T-584/20 Cara Therapeutics v EUIPO – Gebro Holding (KORSUVA)
EU trade mark – Opposition proceedings – Application for the EU word mark KORSUVA – Earlier national word mark AROSUVA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 8 September 2021 ECLI:EU:T:2021:541 |
Case T-10/21 Griesbeck v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Rights of the defence – Error of assessment – Proportionality
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Judgment of the General Court (Fifth Chamber) of 8 September 2021 ECLI:EU:T:2021:542 |
Case T-881/19 GABO:mi v Commission
Arbitration clause – Sixth and Seventh Framework Programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Grant agreements – Set-off of claims – Identification of the defendant – Failure to comply with procedural requirements – Article 76(d) of the Rules of Procedure – Manifest inadmissibility
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Order of the General Court (Fifth Chamber) of 9 September 2021 ECLI:EU:T:2021:564 (Appeal: Case before the Court of Justice C-696/21 P) |
Case T-691/20 Kühne v Parliament
Action for annulment – Civil service – Officials – Mobility regime – Request concerning the mobility obligation – Act not open to challenge – Inadmissibility
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Order of the General Court (First Chamber) of 10 September 2021 ECLI:EU:T:2021:600 |
Case T-654/20 Silex v Commission and EISMEA
Action for annulment – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Debit note issued by EASME – Identification of the defendant – Inadmissibility
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Order of the General Court (Ninth Chamber) of 14 September 2021 ECLI:EU:T:2021:596 |
Case T-722/20 Far Polymers and Others v Commission
Action for annulment – Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Lack of direct concern – Lack of individual concern – Legislative act involving implementing measures – Inadmissibility
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Order of the General Court (Seventh Chamber) of 14 September 2021 ECLI:EU:T:2021:598 |
Case T-364/15 ADR Center v Commission
Financial aid – General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 – Specific Programme ‘Civil Justice’ – Action for annulment – Enforceable decision – Grant agreements – Recovery of part of the financial contribution paid – Action for a declaratory judgment – Arbitration clause – Force majeure – Eligible costs – Proportionality – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 15 September 2021 ECLI:EU:T:2021:593 |
Case T-700/19 Ghaoud v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of the applicant’s name on the lists – Obligation to state reasons – Error of assessment – Death of the applicant
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Judgment of the General Court (Fifth Chamber) of 15 September 2021 ECLI:EU:T:2021:576 |
Cases T-720/19 to T-725/19 Ashworth and Others v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Amendment of the additional voluntary pension scheme – Notice fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
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Judgment of the General Court (Fifth Chamber) of 15 September 2021 ECLI:EU:T:2021:580 (Appeal: Case before the Court of Justice C-714/21 P) |
Case T-852/19 Albéa Services v EUIPO – dm-drogerie markt (ALBÉA)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ALBÉA – Earlier international registration designating the European Union – Word mark Balea – Relative ground for refusal – Likelihood of confusion – Distinctiveness of the earlier international registration designating the European Union – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 15 September 2021 ECLI:EU:T:2021:569 |
Case T-95/20 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:570 |
Case T-97/20 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:573 |
Case T-101/20 Ilunga Luyoyo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:575 |
Case T-102/20 Kampete v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:577 |
Case T-103/20 Mutondo v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:578 |
Case T-104/20 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:579 |
Case T-105/20 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:581 |
Case T-106/20 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:582 |
Case T-107/20 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:583 (Appeal: Case before the Court of Justice C-708/21 P) |
Case T-109/20 Numbi v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:584 |
Case T-110/20 Kanyama v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons subject to restrictive measures – Obligation to state reasons – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures – Right to private and family life – Presumption of innocence – Proportionality – Plea of illegality
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Judgment of the General Court (Seventh Chamber) of 15 September 2021 ECLI:EU:T:2021:585 |
Case T-127/20 France v ECHA
REACH – Substance evaluation – Aluminium chloride – Aluminium chloride, basic – Aluminium sulphate – ECHA decisions requesting further information – Article 46(1) of Regulation (EC) No 1907/2006 – Appeal brought before the Board of Appeal – Multiple grounds for the decision of the Board of Appeal – Grounds capable of justifying the decision – Inoperative nature of the pleas directed against the other grounds
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Judgment of the General Court (Fourth Chamber) of 15 September 2021 ECLI:EU:T:2021:572 |
Cases T-240/20 to T-245/20 Arnaoutakis and Others v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Refusal to grant a voluntary additional pension – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired and future entitlements – Proportionality – Equal treatment – Legal certainty
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Judgment of the General Court (Fifth Chamber) of 15 September 2021 ECLI:EU:T:2021:590 (Appeal: Case before the Court of Justice C-715/21 P) (Appeal: Case before the Court of Justice C-716/21 P) |
Case T-274/20 MHCS v EUIPO – Lidl Stiftung (Shade of the colour orange)
EU trade mark – Invalidity proceedings – EU figurative mark depicting a shade of the colour orange – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Examination of the facts of the EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – Nature of the mark – Colour mark – Right to be heard – Article 94 of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 15 September 2021 ECLI:EU:T:2021:592 |
Case T-331/20 Laboratorios Ern v EUIPO – Le-Vel Brands (Le-Vel)
EU trade mark – Opposition proceedings – Application for the EU word mark Le-Vel – Earlier national word mark LEVEL – Relative ground for refusal – No likelihood of confusion – No similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 15 September 2021 ECLI:EU:T:2021:571 |
Case T-673/20 Celler Lagravera v EUIPO – Cyclic Beer Farm (Cíclic)
EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 15 September 2021 ECLI:EU:T:2021:591 |
Case T-688/20 Freshly Cosmetics v EUIPO – Misiego Blázquez (IDENTY BEAUTY)
EU trade mark – Opposition proceedings – Application for EU figurative mark IDENTY BEAUTY – Earlier national figurative mark IDENTITY THE IMAGE CLUB – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 15 September 2021 ECLI:EU:T:2021:567 |
Case T-702/20 Beelow v EUIPO (made of wood)
EU trade mark – Application for EU word mark made of wood – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Single Judge) of 15 September 2021 ECLI:EU:T:2021:589 |
Case T-486/20 H&H v EUIPO – Giuliani (Swisse)
EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Cross-claim – Subject matter of the action – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Third Chamber) of 16 September 2021 ECLI:EU:T:2021:619 |
Case T-187/21 R Firearms United Network and Others v Commission
Application for interim relief – REACH – Amendment of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead and lead compounds – Use of lead shot – Protection of wetlands – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 17 September 2021 ECLI:EU:T:2021:595 |
Case T-752/16 NLMK v Commission
Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Elimination of injury – Rights of the defence – Equality of arms – Principle of good administration – Obligation to state reasons – Proportionality – Manifest errors of assessment
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Judgment of the General Court (Tenth Chamber) of 22 September 2021 ECLI:EU:T:2021:611 (Appeal: Case before the Court of Justice C-748/21 P) |
Case T-753/16 Severstal v Commission
Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 2(3), (4), (9), (10) and (12) of Regulation No 1225/2009 (now Article 2(3), (4), (9), (10) and (12) of Regulation 2016/1036) – Calculation of the normal value, the export price and the dumping margin – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of the existence of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Injury elimination – Rights of the defence – Principle of good administration – Proportionality – Manifest errors of assessment
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Judgment of the General Court (Tenth Chamber) of 22 September 2021 ECLI:EU:T:2021:612 (Appeal: Case before the Court of Justice C-747/21 P) |
Case T-591/19 Healios v EUIPO – Helios Kliniken (Healios)
EU trade mark – Opposition proceedings – Application for EU figurative mark Healios – Earlier EU word mark HELIOS – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article (8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 22 September 2021 ECLI:EU:T:2021:606 |
Case T-173/20 Henry Cotton's Brand Management v EUIPO – Industries Sportswear (Henry Cotton’s)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Trade marks involved in insolvency proceedings – Registration of the transfers of the marks – Effects vis-à-vis third parties of bankruptcy or similar proceedings – Competence of EUIPO – Duty of diligence – Articles 20, 24, 27 and 103 of Regulation (EU) 2017/1001 – Articles 3, 7 and 19 of Regulation (EU) 2015/848
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Judgment of the General Court (Ninth Chamber) of 22 September 2021 ECLI:EU:T:2021:610 (Appeal: Case before the Court of Justice C-744/21 P) |
Case T-250/20 Moviescreens Rental v EUIPO – the airscreen company (AIRSCREEN)
EU trade mark – Invalidity proceedings – EU figurative mark airscreen – Absolute grounds for refusal – No descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Distinctive character – Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 22 September 2021 ECLI:EU:T:2021:602 |
Case T-503/20 T i D kontrolni sistemi v EUIPO – Sigmatron (Signalling apparatuses and devices)
Community design – Invalidity proceedings – Registered Community design representing signalling apparatuses and devices – Earlier Community design – Ground for invalidity – No individual character – Declaration of invalidity of a prior design – No effect – Disclosure of the earlier design – Informed user – Degree of freedom of the designer – No different overall impression – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Tenth Chamber) of 22 September 2021 ECLI:EU:T:2021:613 |
Case T-685/20 Asian Gear v EUIPO – Multimox (Scooter)
Community design – Invalidity proceedings – Registered community design representing a scooter – Earlier design – Ground for invalidity – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002
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Judgment of the General Court (Tenth Chamber) of 22 September 2021 ECLI:EU:T:2021:614 |
Case T-686/20 Asian Gear v EUIPO – Multimox (Scooter)
Community design – Invalidity proceedings – Registered community design representing a scooter – Earlier design – Ground for invalidity – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002
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Judgment of the General Court (Tenth Chamber) of 22 September 2021 ECLI:EU:T:2021:615 |
Case T-139/19 Pilatus Bank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Withdrawal of licence – Tasks conferred on the ECB – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 24 September 2021 ECLI:EU:T:2021:623 (Appeal: Case before the Court of Justice C-750/21 P) |
Case T-633/20 CNMSE and Others v Parliament and Council
Action for annulment – Public health – Regulation (EU) 2020/1043 – Conduct of clinical trials with medicinal products for human use containing GMOs – Treatment or prevention of the coronavirus disease SARS-CoV-2 (COVID-19) – Concept of legislative act – Concept of regulatory act – No individual concern – Inadmissibility
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Order of the General Court (Fifth Chamber) of 27 September 2021 ECLI:EU:T:2021:678 (Appeal: Case before the Court of Justice C-749/21 P) |
Case T-648/20 NB v Court of Justice of the European Union
Action for annulment – Civil service – Decision not to appoint the applicant to grade AST 10 – Time limit for lodging a complaint – Delay – Manifest inadmissibility
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Order of the General Court (Fourth Chamber) of 28 September 2021 ECLI:EU:T:2021:676 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-774/21 P) |
Case T-611/20 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium extrusions originating in China – Registration of imports – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Fifth Chamber) of 28 September 2021 ECLI:EU:T:2021:641 |
Case T-447/18 TUIfly v Commission
State aid – Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly – Airport services – Marketing services – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Private investor test – Article 41 of the Charter of Fundamental Rights – Right of access to the file – Right to be heard
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Judgment of the General Court (Fifth Chamber) of 29 September 2021 ECLI:EU:T:2021:625 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-763/21 P) |
Case T-448/18 Ryanair and Others v Commission
State aid – Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com – Airport services – Marketing services – Decision declaring the aid incompatible with the internal market and ordering its recovery – Concept of State aid – Whether imputable to the State – Advantage – Private investor test – Recovery – Article 41 of the Charter of Fundamental Rights – Right of access to the file – Right to be heard
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Judgment of the General Court (Fifth Chamber) of 29 September 2021 ECLI:EU:T:2021:626 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-758/21 P) |
Case T-619/18 TUIfly v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a procedure for the review of State aid – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Exception relating to the protection of the commercial interests of a third party – Overriding public interest
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Judgment of the General Court (Fifth Chamber) of 29 September 2021 ECLI:EU:T:2021:627 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-764/21 P) |
Case T-384/19 Parliament v Axa Assurances Luxembourg and Others
Arbitration clause – ‘Construction all-risk’ insurance contract – Extension and renovation of the Konrad Adenauer building in Luxembourg – Damage caused by rainwater – Claim for reimbursement of costs and for payment of the indemnity – Scope of the insurance – Exclusion clause – Ancillary procedural obligations – Procedure by default in part
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Judgment of the General Court (Eighth Chamber) of 29 September 2021 ECLI:EU:T:2021:630 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-766/21 P) |
Case T-60/20 Enosi Mastichoparagogon Chiou v EUIPO (MASTIHACARE)
EU trade mark – International Registration designating the European Union – Word mark MASTIHACARE – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 29 September 2021 ECLI:EU:T:2021:629 |
Case T-528/20 Kočner v Europol
Non-contractual liability – Expert reports carried out by Europol for the purposes of national criminal proceedings – Alleged unauthorised disclosure of data – Regulation (EU) 2016/794 – Article 50(1) – Non-material harm – Causal link
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Judgment of the General Court (Eighth Chamber) of 29 September 2021 ECLI:EU:T:2021:631 (Appeal: Case before the Court of Justice C-755/21 P) |
Case T-592/20 Univers Agro v EUIPO – Shandong Hengfeng Rubber & Plastic (AGATE)
EU trade mark – Invalidity proceedings – EU word mark AGATE – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 29 September 2021 ECLI:EU:T:2021:633 |
Case T-124/21 Mariani and Others v Parliament
Action for annulment – Regulation (EU, Euratom) 2020/2223 – Cooperation with the European Public Prosecutor’s Office and the effectiveness of OLAF investigations – Act not of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Sixth Chamber) of 30 September 2021 ECLI:EU:T:2021:674 |
October 2021
Case T-827/17 Aeris Invest v ECB
Access to documents – Decision 2004/258/EC – Documents concerning the adoption of a resolution scheme for Banco Popular Español – Partial refusal of access – Exception relating to the protection of the confidentiality of the proceedings of the ECB’s decision-making bodies – Documents reflecting the outcome of the proceedings of the ECB’s decision-making bodies – Obligation to state reasons – Exception relating to the protection of the financial, monetary or economic policy of the European Union or of a Member State – Exception relating to the protection of the stability of the financial system in the European Union or in a Member State – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Concept of ‘confidential information’ – General presumption of confidentiality – Exemptions from the obligation of professional secrecy – Article 47 of the Charter of Fundamental Rights
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 6 October 2021
ECLI:EU:T:2021:660 (Appeal: Case before the Court of Justice C-782/21 P) |
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Cases T-351/18 and T-584/18 Ukrselhosprom PCF and Versobank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Breach of legislation on combating money laundering and the financing of terrorism – Admissibility – Powers of the national competent authorities (NCAs) of participating Member States and of the ECB under the Single Supervisory Mechanism (SSM) – Equal treatment – Proportionality – Protection of legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons
Language of the case: English
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Order of the General Court (Ninth Chamber) of 15 March 2022
ECLI:EU:T:2022:151 |
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 6 October 2021
ECLI:EU:T:2021:669 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-803/21 P) |
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Case T-745/18 Covestro Deutschland v Commission
State aid – State aid scheme implemented by Germany in favour of certain large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid granted – Action for annulment – Time limit for bringing proceedings – Admissibility – Concept of aid – State resources – Equal treatment – Legitimate expectations
Language of the case: German
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Judgment of the General Court (Third Chamber) of 6 October 2021 (Extracts)
ECLI:EU:T:2021:644 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-790/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-791/21 P) |
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Case T-167/19 Tempus Energy Germany and T Energy Sweden v Commission
State aid – Polish electricity market – Capacity mechanism – Decision not to raise any objections – Aid scheme – Article 108(2) and (3) TFEU – Concept of doubts – Article 4(3) and (4) of Regulation (EU) 2015/1589 – Serious difficulties – Article 107(3)(c) TFEU – Guidelines on State aid for environmental protection and energy 2014-2020 – Failure to initiate the formal investigation procedure – Procedural rights of the interested parties – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Third Chamber) of 6 October 2021 (Extracts)
ECLI:EU:T:2021:645 |
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Case T-121/20 IP v Commission
Civil service – Members of the contract staff – OLAF investigation – Reimbursement of medical expenses – Disciplinary penalty – Termination of contract without notice – Article 10(h) of Annex IX to the Staff Regulations – Repeated misconduct – Article 27 of Annex IX to the Staff Regulations – Decision granting a request for the deletion from the personal file of all reference to an earlier penalty – Article 26 of the Staff Regulations – Impossibility of using against an official, and relying on against that official, a penalty, all reference to which has been deleted from the personal file
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 6 October 2021
ECLI:EU:T:2021:665 |
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Case T-342/20 Indo European Foods v EUIPO – Chakari (Abresham Super Basmati Selaa Grade One World's Best Rice)
EU trade mark – Opposition proceedings – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered word mark BASMATI – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom – Transition period – Interest in bringing proceedings – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rules governing common law actions for passing off – Likelihood of misrepresentation – Likelihood of dilution of the reputation of the earlier mark
Language of the case: English
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Judgment of the General Court (Third Chamber) of 6 October 2021
ECLI:EU:T:2021:651 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-801/21 P) |
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Case T-32/21 Daw v EUIPO (Muresko)
EU trade mark – EU word mark Muresko – Earlier national word marks Muresko – Claiming seniority of the earlier national marks after registration of the EU trade mark – Articles 39 and 40 of Regulation (EU) 2017/1001 – Registration of earlier national marks which have expired by the date of the claim
Language of the case: German
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Judgment of the General Court (Second Chamber) of 6 October 2021 (Extracts)
ECLI:EU:T:2021:643 (Appeal: Case before the Court of Justice C-781/21 P) |
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Case T-22/20 IB v EUIPO
Civil service – Officials – Disciplinary proceedings – Suspension of the invalidity procedure during the disciplinary proceedings – Removal from post – Invalidity procedure devoid of purpose following the official’s removal from his post – Action for annulment – Act adversely affecting an official – Admissibility – Principle of sound administration – Duty to have regard for the welfare of officials – Manifest error of assessment
Language of the case: French
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Judgment of the General Court (First Chamber) of 13 October 2021 (Extracts)
ECLI:EU:T:2021:689 |
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Case T-712/20 Škoda Investment v EUIPO – Škoda Auto (Representation of an arrow with wing)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing an arrow with wing – Earlier EU figurative mark representing an arrow with wing – Relative ground for refusal – Partial rejection of the opposition – Limited scope of the opposition in the context of the appeal before the Board of Appeal – Partial withdrawal of the opposition – Plea raised by the Board of Appeal of its own motion – Prohibition on ruling ultra petita
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 13 October 2021
ECLI:EU:T:2021:700 |
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Case T-19/21 Amazon.com and Others v Commission
Action for annulment – Competition – Abuse of dominant position – Online sales – Decision to open an investigation – Territorial scope of the investigation – Exclusion of Italy – Act not open to challenge – Preparatory act – Inadmissibility
Language of the case: English
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Order of the General Court (First Chamber) of 14 October 2021
ECLI:EU:T:2021:730 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-815/21 P) |
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Case T-240/18 Polskie Linie Lotnicze 'LOT' v Commission
Competition – Concentrations – Air transport – Decision declaring a concentration to be compatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Absence of commitment – Obligation to state reasons
Language of the case: Polish
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 October 2021
ECLI:EU:T:2021:723 |
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Case T-296/18 Polskie Linie Lotnicze 'LOT' v Commission
Language of the case: Polish
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 October 2021
ECLI:EU:T:2021:724 |
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Case T-823/19 JMS Sports v EUIPO – Inter-Vion (Spiral hair elastic)
Language of the case: Polish
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Judgment of the General Court (Tenth Chamber) of 20 October 2021
ECLI:EU:T:2021:718 |
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Case T-220/20 Kerstens v Commission
Civil service – Officials – Disciplinary proceedings – Article 266 TFEU – Administrative investigations – Principle of sound administration – Principle of impartiality – Action for annulment and compensation
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 20 October 2021
ECLI:EU:T:2021:716 |
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Case T-329/20 4B Company v EUIPO – Deenz (Pendant (jewellery))
Community design – Invalidity proceedings – Registered Community design representing a pendant (jewellery) – Maintenance of the Community design in an amended form – Article 25(6) of Regulation (EC) No 6/2002 – Interest in bringing proceedings – Inadmissibility
Language of the case: Italian
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Order of the General Court (Second Chamber) of 25 October 2021
ECLI:EU:T:2021:732 |
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Information (on unpublished decisions)
Case T-74/20 IJ v Parliament
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Order of the General Court (Seventh Chamber) of 1 October 2021 ECLI:EU:T:2021:671 |
Case T-613/20 Junqueras i Vies v Parliament
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Order of the General Court (Sixth Chamber) of 5 October 2021 ECLI:EU:T:2021:682 (Appeal: Case before the Court of Justice C-780/21 P) |
Case T-15/18 OCU v ECB
Access to documents – Decision 2004/258/EC – Documents relating to the adoption of a resolution scheme in respect of Banco Popular Español – Refusal to grant access – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – Concept of confidential information – Exemptions from the obligation of professional secrecy – Right to a fair hearing
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Judgment of the General Court (Third Chamber, Extended Composition) of 6 October 2021 ECLI:EU:T:2021:661 |
Case T-196/19 AZ v Commission
State aid – Aid scheme implemented by Germany for some large electricity consumers – Exemption from network charges in respect of the 2012-2013 period – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid – Action for annulment – Period allowed for commencing proceedings – Admissibility – Concept of aid – State resources – Selectivity – Equal treatment – Legitimate expectations
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:646 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-792/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-793/21 P) |
Joined Cases T-233/19 and T-234/19 Infineon Technologies Dresden and Infineon Technologies v Commission
State aid – Aid scheme implemented by Germany for some large electricity consumers – Exemption from network charges in respect of the 2012-2013 period – Decision declaring the aid scheme incompatible with the internal market and unlawful, and ordering the recovery of the aid paid – Action for annulment – Period allowed for commencing proceedings – Admissibility – Concept of aid – State resources
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:647 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-800/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-794/21 P) |
Case T-238/19 Wepa Hygieneprodukte and Others v Commission
State aid – Aid regime implemented by Germany for certain large electricity consumers – Exemption from network charges for the period 2012-2013 – Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted – Action for annulment – Time limit for bringing an action – Admissibility – Concept of ‘aid’ – State resources – Selectivity
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:648 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-796/21 P) (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-795/21 P) |
Case T-518/19 Sipcam Oxon v Commission
Plant protection products – Active substance chlorothalonil – Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle
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Judgment of the General Court (Fifth Chamber) of 6 October 2021 ECLI:EU:T:2021:662 |
Case T-7/20 Global Translation Solutions v Parliament
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Format in which a file submitted in a test is to be uploaded
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:649 |
Case T-43/20 AV and AW v Parliament
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Judgment of the General Court (Eighth Chamber) of 6 October 2021 ECLI:EU:T:2021:666 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-773/21 P) |
Case T-88/20 Rivière and Others v Parliament
Institutional law – European Parliament – Measure adopted by the President of the European Parliament forbidding national flags being placed on the desks of Members of Parliament – Standards of conduct of Members of Parliament – Article 10(3) of the Parliament’s Rules of Procedure – Act not open to challenge – Inadmissibility
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Judgment of the General Court (Sixth Chamber) of 6 October 2021 ECLI:EU:T:2021:664 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-767/21 P) |
Case T-124/20 M/S. Indeutsch International v EUIPO – 135 Kirkstall (Representation of chevrons between two parallel lines)
EU trade mark – Invalidity proceedings – EU figurative mark representing chevrons between two parallel lines – Absolute ground for refusal – Sign of which an EU trade mark may consist – Article 7(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(a) of Regulation (EU) 2017/1001) – Distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Obligation to rule on the action – Article 71(1) of Regulation 2017/1001 – Cross-claim
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Judgment of the General Court (Ninth Chamber) of 6 October 2021 ECLI:EU:T:2021:668 |
Case T-254/20 Kondyterska korporatsiia "Roshen" v EUIPO – Krasnyj Octyabr (Representation of a lobster)
EU trade mark – Invalidity proceedings – Application for an EU figurative mark representing a lobster – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) – Right to be heard – Article 94 of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:650 |
Case T-372/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVEDERM)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark is registered – Use with the consent of the proprietor – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:652 |
Case T-397/20 Allergan Holdings France v EUIPO – Dermavita Company (JUVEDERM)
EU trade mark – Revocation proceedings – EU word mark JUVEDERM – Genuine use of the mark – Use in connection with the goods in respect of which the mark is registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:653 |
Case T-404/20 Global Translation Solutions v Commission
Public service contracts – Tendering procedure – Translation services – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Award criteria – Method of evaluation – Manifest error of assessment – Equal treatment – Transparency – Obligation to state reasons – Duty of diligence – Principle of sound administration
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:654 |
Case T-417/20 Esteves Lopes Granja v EUIPO – IVDP (PORTWO GIN)
EU trade mark – Opposition proceedings – Application for EU word mark PORTWO GIN – Earlier designation of origin ‘Porto’ – Concepts of ‘use’ and ‘exploitation’ of a protected designation of origin – Article 103(2)(a)(ii) of Regulation (EU) No 1308/2013
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Judgment of the General Court (Fifth Chamber) of 6 October 2021 ECLI:EU:T:2021:663 |
Case T-505/20 Guo v EUIPO – Sand Cph (sandriver)
EU trade mark – Invalidity proceedings – EU figurative mark sandriver – Earlier EU word mark SAND – 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)
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:655 |
Case T-519/20 LP v Parliament
Civil service – Accredited parliamentary assistants – Refusal to offer employment – Conditions of employment – Character references – Manifest error of assessment – Due diligence
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Judgment of the General Court (First Chamber) of 6 October 2021 ECLI:EU:T:2021:642 |
Case T-635/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VYBRANCE)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VYBRANCE – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:656 |
Case T-636/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VOLUMA)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VOLUMA – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:657 |
Case T-637/20 Dermavita Company v EUIPO – Allergan Holdings France (JUVÉDERM VOLITE)
EU trade mark – Invalidity proceedings – EU word mark JUVÉDERM VOLITE – Late payment of the appeal fee – Inadmissibility of the appeal before the Board of Appeal – Article 101(4) of Regulation (EU) 2017/1001 – Article 106(1)(b) of Regulation 2017/1001 – Restitutio in integrum
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:658 |
Case T-668/20 NZ v Commission
Staff case – Officials – Recruitment – Internal competition COM/1/AD 10/18 – Decision not to include the applicant’s name on the competition reserve list – Obligation to state reasons – Secrecy of the proceedings of the selection board – Broad discretionary power of the selection board – Failure to communicate the intermediate marks and the weighting of the components of the oral test
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Judgment of the General Court (Eighth Chamber) of 6 October 2021 ECLI:EU:T:2021:667 |
Case T-3/21 Power Horse Energy Drinks v EUIPO – Robot Energy Europe (UNSTOPPABLE)
EU trade mark – Invalidity proceedings – EU word mark UNSTOPPABLE – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Lack of descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 6 October 2021 ECLI:EU:T:2021:659 |
Case T-148/21 R Paccor Packaging and Others v Commission
Interim relief – Environment – Directive (EU) 2019/904 – Reduction of the impact of certain plastic products on the environment – Implementing Regulation (EU) 2020/2151 – Harmonised marking specifications for beverage cups – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 8 October 2021 ECLI:EU:T:2021:687 |
Case T-646/16 P RENV-RX Simpson v Council
Appeal – Civil service – Officials – Refusal of the Council to reclassify the person concerned, after he passed an open competition, at the grade laid down in the competition notice – Dismissal of the action on the merits – Appeal – Judgment set aside – Appeal judgment reviewed by the Court of Justice and set aside – Referral back to the General Court as the appeal court – Obligation to state grounds – Equal treatment
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Judgment of the General Court (Fourth Chamber) of 13 October 2021 ECLI:EU:T:2021:692 |
Case T-655/18 Aupicon and Others v EEAS
Civil service – Officials – Members of the temporary staff – Members of the contract staff – Remuneration – EEAS staff posted to a third country – Article 10 of Annex X to the Staff Regulations – Annual assessment of the allowance for living conditions – ‘Guidelines establishing the methodology to fix the living conditions allowances’ – Decision fixing the rate of the allowance for living conditions paid to staff posted to Ghana at 20% – Failure to draw up the questionnaire required by the guidelines – Procedural irregularity – Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 13 October 2021 ECLI:EU:T:2021:693 |
Case T-153/19 European Union Copper Task Force v Commission
Plant protection products – Active substance ‘copper compounds’ – Renewal of approval for placing on the market – Candidates for substitution – Action for annulment – Admissibility – Associations – Proportionality – Precautionary principle – Manifest error of assessment – Expert’s report
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Judgment of the General Court (First Chamber) of 13 October 2021 ECLI:EU:T:2021:688 (Appeal: Case before the Court of Justice C-828/21 P) |
Case T-1/20 M. I. Industries v EUIPO – Natural Instinct (INSTINCT)
EU trade mark – Revocation proceedings – EU word mark INSTINCT – No genuine use of the trade mark – Extent of use – Overall assessment of the evidence – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 13 October 2021 ECLI:EU:T:2021:695 |
Case T-12/20 Schneider v EUIPO – Frutaria Comercial de Frutas y Hortalizas (Frutaria)
EU trade mark – Revocation proceedings – EU figurative trade mark Frutaria – Genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use – Nature of use
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Judgment of the General Court (Single Judge) of 13 October 2021 ECLI:EU:T:2021:702 |
Case T-219/20 JK v Commission
Civil service – Officials – Commission staff working for the EEAS – Request for assistance – Article 24 of the Staff Regulations – Implied decision rejecting the request – Decision rejecting the complaint – Article 90 of the Staff Regulations – Competent Appointing Authority – Principle of sound administration
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Judgment of the General Court (First Chamber) of 13 October 2021 ECLI:EU:T:2021:690 |
Case T-429/20 Sedus Stoll v EUIPO – Kappes (Sedus ergo+)
EU trade mark – Opposition proceedings – Application for EU word mark Sedus ergo+ – Earlier national word mark ERGOPLUS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 13 October 2021 ECLI:EU:T:2021:698 (Appeal: Case before the Court of Justice C-784/21 P) |
Case T-436/20 Sedus Stoll v EUIPO – Kappes (Sedus ergo+)
EU trade mark – Opposition proceedings – Application for EU word mark Sedus ergo+ – Earlier national and international word marks ERGOPLUS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 13 October 2021 ECLI:EU:T:2021:699 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-785/21 P) |
Case T-523/20 Setarcos Consulting v EUIPO (Blockchain Island)
EU trade mark – Application for the EU word mark Blockchain Island – Absolute ground for refusal – No distinctive character – Article 7(1)(b) and (2) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 13 October 2021 ECLI:EU:T:2021:691 |
Case T-591/20 Unimax Stationery v EUIPO – Mitsubishi Pencil (UNI-MAX)
EU trade mark – Invalidity proceedings – EU figurative mark UNI-MAX – Earlier EU figurative marks uni and uni-ball – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 13 October 2021 ECLI:EU:T:2021:694 |
Case T-732/20 Freundlieb v EUIPO (CRYSTAL)
EU trade mark – EU word mark CRYSTAL – Failure to apply for renewal of the trade mark registration – Revocation of the trade mark on expiry of the registration – Application for restitutio in integrum – Article 104 of Regulation (EU) 2017/1001 – Duty of care – No review – Failure to comply with time limits
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Judgment of the General Court (Ninth Chamber) of 13 October 2021 ECLI:EU:T:2021:696 |
Case T-733/20 Freundlieb v EUIPO (BANDIT)
EU trade mark – EU word mark BANDIT – Failure to apply for renewal of the trade mark registration – Revocation of the trade mark on expiry of the registration – Application for restitutio in integrum – Article 104 of Regulation (EU) 2017/1001 – Duty of care – No review – Failure to comply with time limits
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Judgment of the General Court (Ninth Chamber) of 13 October 2021 ECLI:EU:T:2021:697 |
Case T-45/21 Ciano Trading & Services CT & S and Others v Commission
Public service contracts – Tendering procedure – Sustainable restoration for the Commission in Brussels and its surroundings – Annulment of the tendering procedure – Legitimate expectations – Abuse of rights
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Judgment of the General Court (Tenth Chamber) of 13 October 2021 ECLI:EU:T:2021:701 |
Case T-100/20 Junqueras i Vies v Parliament
Action for annulment – Law governing the institutions – Member of the Parliament – Privileges and immunities – Request for privileges and immunities to be defended – Decision of the President of the Parliament not to grant that request – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Sixth Chamber) of 14 October 2021 ECLI:EU:T:2021:728 (Appeal: Case before the Court of Justice C-824/21 P) |
Case T-208/20 JH v Europol
Action for damages – Civil service – Temporary staff – Europol – Probative value of the evidence – No act adversely affecting the applicant – Irregular nature of the pre-litigation procedure – Inadmissibility
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Order of the General Court (Seventh Chamber) of 19 October 2021 ECLI:EU:T:2021:726 |
Case T-469/21 R Natale v Italy
Application for interim relief – Dismissal of the main action – No need to adjudicate
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Order of the President of the General Court of 19 October 2021 ECLI:EU:T:2021:704 |
Case T-191/16 Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Financial assistance – Sixth framework programme for research, technological development and demonstration activities contributing to the creation of the European Research Area and to innovation (2002-2006) – Contract concerning Union financial assistance in favour of a project in the field of medical collaboration – Enforceable decision – Competence of the Commission – Grant agreements – Recovery of part of the financial contribution paid – Arbitration clause – Eligible costs – Legitimate expectations
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Judgment of the General Court (Second Chamber) of 20 October 2021 ECLI:EU:T:2021:707 |
Joined Cases T-671/18 and T-140/19 ZU v Commission
Civil service – Officials – Transfer in the interests of the service – Article 12a of the Staff Regulations – Psychological harassment – Article 25 of the Staff Regulations – Obligation to state reasons – Rights of the defence and the right to be heard – Manifest error of assessment – Principle of sound administration and duty to have regard for the welfare of staff – Article 22a of the Staff Regulations – Misuse of powers – Article 24 of the Staff Regulations – Request for assistance – Refusal of the request – 2017 appraisal exercise – Appraisal report – 2018 promotion exercise – Proposed non-promotion – Liability
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Judgment of the General Court (Seventh Chamber) of 20 October 2021 ECLI:EU:T:2021:715 |
Case T-434/19 Rosca v Commission
Civil service – Officials – Recruitment – Notice of competition – Open Competition EPSO/AD/363/18 – Decision of the selection board to exclude the applicant from the next phase of the competition – Obligation to state reasons – Manifest error of assessment – Article 27 of the Staff Regulations – Equal treatment
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Judgment of the General Court (Eighth Chamber) of 20 October 2021 ECLI:EU:T:2021:717 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-802/21 P) |
Case T-790/19 Novolipetsk Steel v Commission
Measures that the European Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures – Importation of cold-rolled flat steel products and hot-rolled flat products of iron, non-alloy or other alloy steel – Modification of regulations imposing anti-dumping or anti-subsidy measures on products subject to safeguard measures – Principle of non-discrimination – Manifest error of assessment
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Judgment of the General Court (First Chamber) of 20 October 2021 ECLI:EU:T:2021:706 |
Case T-112/20 Intis v EUIPO – Televes (TELEVEND)
EU trade mark – Invalidity proceedings – EU word mark TELEVEND – Earlier EU word mark TELEVES – 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)
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Judgment of the General Court (Fifth Chamber) of 20 October 2021 ECLI:EU:T:2021:710 |
Case T-210/20 Square v EUIPO ($ Cash App)
EU trade mark – International registration designating the European Union – Figurative mark $ Cash App – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Equal treatment and principle of sound administration
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Judgment of the General Court (Sixth Chamber) of 20 October 2021 ECLI:EU:T:2021:711 |
Case T-211/20 Square v EUIPO ($ Cash App)
EU trade mark – International registration designating the European Union – Figurative mark $ Cash App – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 20 October 2021 ECLI:EU:T:2021:712 |
Case T-351/20 St. Hippolyt v EUIPO – Raisioaqua (Vital like nature)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Vital like nature – Earlier EU figurative mark VITAL – 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)
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Judgment of the General Court (Tenth Chamber) of 20 October 2021 ECLI:EU:T:2021:719 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-761/21 P) |
Case T-352/20 St. Hippolyt v EUIPO – Elephant (Strong like nature)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Strong like nature – Earlier EU figurative mark STRONG NATURE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 20 October 2021 ECLI:EU:T:2021:720 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-762/21 P) |
Case T-559/20 Yadex International v EUIPO – Sütas Süt Ürünleri (PINAR Süzme Peynir)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark PINAR Süzme Peynir – Earlier international figurative mark Süzme Peynir – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 20 October 2021 ECLI:EU:T:2021:713 |
Case T-560/20 Yadex International v EUIPO – Sütas Süt Ürünleri (PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark PINAR Tam kivaminda Süzme Peynir Yumusacik ve Leziz – Earlier international figurative mark Süzme Peynir – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 20 October 2021 ECLI:EU:T:2021:714 |
Case T-596/20 Roller v EUIPO – Flex Equipos de Descanso (DORMILLO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark DORMILLO – Earlier EU figurative mark DORMILON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 20 October 2021 ECLI:EU:T:2021:721 |
Case T-597/20 Roller v EUIPO – Flex Equipos de Descanso (Dormillo)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark Dormillo – Earlier EU figurative mark DORMILON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 20 October 2021 ECLI:EU:T:2021:722 |
Case T-599/20 YG v Commission
Civil service – Officials – Promotion – 2019 promotion exercise – Decision not to promote the applicant to grade AST 9 – Article 45 of the Staff Regulations – Comparison of merits – Manifest error of assessment – Duty to state reasons
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Judgment of the General Court (Fourth Chamber) of 20 October 2021 ECLI:EU:T:2021:709 (__[no-tr-for:pv-label]__: __[no-tr-for:affaire-devant-c]__ C-818/21 P) |
Case T-617/20 Standardkessel Baumgarte Holding v EUIPO (Standardkessel)
EU trade mark – Application for EU word mark Standardkessel – Absolute grounds for refusal – No descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 20 October 2021 ECLI:EU:T:2021:708 |
Case T-497/21 R Girardi v EUIPO
Interim relief – EU trade mark – Professional representation – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 20 October 2021 ECLI:EU:T:2021:725 (Appeal: Case before the Court of Justice C-703/21 P(R)) |
Case T-510/20 Fachverband Spielhallen and LM v Commission
State aid – Tax treatment of operators of public casinos in Germany – Complaint – Preliminary examination stage – Commission decision finding that there is no State aid – Conditions for initiating a formal investigation procedure – Serious difficulties – Concept of ‘State aid’ – Levy on the profits – Advantage – Selectivity – Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 22 October 2021 ECLI:EU:T:2021:745 (Appeal: Case before the Court of Justice C-831/21 P) |
Case T-22/21 Equinoccio-Compañía de Comercio Exterior v Commission
Action for annulment – Instrument for Pre-Accession Assistance – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or his deputy – Lack of jurisdiction
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Order of the General Court (First Chamber) of 22 October 2021 ECLI:EU:T:2021:743 (Appeal: Case before the Court of Justice C-3/22 P) |
Case T-297/21 R Troy Chemical Company and Troy v Commission
Interim measures – Biocidal products – Implementing Regulation (EU) 2021/348 – Approval of carbendazim as an existing active substance for use in biocidal products of product-types 7 (film preservatives) and 10 (masonry preservatives) – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 25 October 2021 ECLI:EU:T:2021:733 |
Case T-268/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:737 |
Case T-269/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:738 |
Case T-270/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:739 |
Case T-271/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:740 |
Case T-318/17 Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu
Arbitration clause – Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) – Non-performance of the contract – Repayment of the amounts advanced – Default interest – Procedure by default
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:741 |
Case T-411/18 WM v Commission
Civil service – Officials – Recruitment – Notice of competition – Open Competition EPSO/AD/338/17 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Articles 21 and 26 of the Charter of Fundamental Rights of the European Union – Article 1d(1), (4) and (5) of the Staff Regulations – Reasonable accommodation – Principle of non-discrimination on the ground of disability – Directive 2000/78/EC – Liability – Material and non-material harm
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Judgment of the General Court (Eighth Chamber) of 27 October 2021 ECLI:EU:T:2021:742 |
Case T-356/20 Jiruš v EUIPO – Nile Clothing (Racing Syndicate)
EU trade mark – Invalidity proceedings – EU figurative mark Racing Syndicate – Earlier international word mark SYNDICATE – Submission of evidence for the first time before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 27 October 2021 ECLI:EU:T:2021:736 |
Case T-610/20 Egis Bâtiments International and InCA v Parliament
Arbitration clause – Project to extend and modernise the Konrad Adenauer building in Luxembourg – Settlement agreement – Confidentiality clause – Principle of good faith – Contractual liability
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Judgment of the General Court (First Chamber) of 27 October 2021 ECLI:EU:T:2021:735 |
Case T-527/21 R Abenante and Others v Parliament and Council
Interim relief – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 29 October 2021 ECLI:EU:T:2021:750 |
November 2021
Case T-602/15 RENV Jenkinson v Council and Others
Arbitration clause – International civilian staff of EU international missions – Recruitment on a contractual basis – Consecutive fixed-term contracts – Claim that all contractual relationships should be re-categorised as a ‘contract of indefinite duration’ – Action for contractual liability – Action for non-contractual liability
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 10 November 2021
ECLI:EU:T:2021:764 (Appeal: Case before the Court of Justice C-46/22 P) |
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Case T-612/17 Google and Alphabet v Commission (Google Shopping)
Competition – Abuse of dominant position – Online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Leveraging abuse – Competition on the merits or anticompetitive practice – Conditions of access by competitors to a dominant undertaking’s service the use of which cannot be effectively replaced – Dominant undertaking favouring the display of results from its own specialised search service – Effects – Need to establish a counterfactual scenario – None – Objective justifications – None – Possibility of imposing a fine having regard to certain circumstances – Guidelines on the method of setting fines – Unlimited jurisdiction
Language of the case: English
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Rectification order of 17 February 2022
ECLI:EU:T:2022:94 |
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 10 November 2021
ECLI:EU:T:2021:763 (Appeal: Case before the Court of Justice C-48/22 P) |
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Case T-495/19 Romania v Commission
Language of the case: Romanian
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Judgment of the General Court (Tenth Chamber) of 10 November 2021
ECLI:EU:T:2021:781 (Appeal: Case before the Court of Justice C-54/22 P) |
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Case T-193/20 Eternit v EUIPO – Eternit Österreich (Building panels)
Community design – Invalidity proceedings – Community design representing a building panel – Earlier design representing a panel for a noise-reduction wall – Ground for invalidity – No individual character – Sector concerned – Informed user – Degree of freedom of the designer – No different overall impression – Relevance of goods actually marketed – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 10 November 2021
ECLI:EU:T:2021:782 |
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Case T-443/20 Sanford v EUIPO – Avery Zweckform (Labels)
Community design – Invalidity proceedings – Registered Community design representing a label – Earlier design – Proof of disclosure – Article 7(1) of Regulation (EC) No 6/2002 – Evidence submitted after the expiry of the prescribed time limit – Board of Appeal’s discretion – Article 63(2) of Regulation No 6/2002 – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation No 6/2002
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 10 November 2021 (Extracts)
ECLI:EU:T:2021:767 (Appeal: Case before the Court of Justice C-19/22 P) |
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Case T-678/20 Solar Electric and Others v Commission
State aid – Market for electricity produced from renewable energy sources, including photovoltaic energy – Obligation under French law to purchase electricity at a price higher than the market price – Rejection of a complaint – Article 12(1) and Article 24(2) Regulation (EU) 2015/1589 – Scope
Language of the case: French
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Judgment of the General Court (Eighth Chamber) of 10 November 2021
ECLI:EU:T:2021:780 |
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Case T-256/19 Assi v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 (Extracts)
ECLI:EU:T:2021:818 |
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Case T-257/19 Al Zoubi v Council
Common foreign and security policy – Restrictive measures against Syria – Freezing of funds – Errors of assessment
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 (Extracts)
ECLI:EU:T:2021:819 |
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Case T-259/19 Aman Dimashq v Council
Common foreign and security policy – Restrictive measures against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial – Right to effective judicial protection
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 (Extracts)
ECLI:EU:T:2021:821 |
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Case T-370/20 KL v EIB
Civil service – EIB staff – State of health – Fitness to work – Unjustified absence – Action for annulment – Definition of invalidity – Unlimited jurisdiction – Disputes of a financial character – Retroactive payment of the invalidity pension – Action for damages
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 24 November 2021
ECLI:EU:T:2021:822 (Appeal: Case before the Court of Justice C-68/22 P) |
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Case T-744/20 Airoldi Metalli v Commission
Dumping – Imports of aluminium extrusions originating in China – Act imposing a provisional anti-dumping duty – Act not open to challenge – Preparatory act – Inadmissibility – Definitive anti-dumping duty – No longer any legal interest in bringing proceedings – No need to adjudicate
Language of the case: English
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Order of the General Court (Fourth Chamber) of 30 November 2021
ECLI:EU:T:2021:853 |
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Information (on unpublished decisions)
Case T-729/20 Aurubis v Commission
Action for annulment – Environment – Directive 2003/87/EC – Greenhouse gases – Allocation of emission allowances – Request to transfer emission certificates to Germany – Request made in the context of national proceedings for interim relief aimed at guaranteeing the effectiveness of the preliminary ruling procedure in Case C‑271/20 – Commission refusal decision – Locus standi – Lack of individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 3 November 2021 ECLI:EU:T:2021:756 |
Case T-731/20 ExxonMobil Production Deutschland v Commission
Action for annulment – Environment – Directive 2003/87/EC – Greenhouse gases – Allocation of emission allowances – Request to transfer emission certificates to Germany – Request made in the context of national proceedings for interim relief aimed at guaranteeing the effectiveness of the preliminary ruling procedure in Case C‑126/20 – Commission refusal decision – Locus standi – Lack of individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 3 November 2021 ECLI:EU:T:2021:758 |
Case T-538/21 R PBL and WA v Commission
Interim relief – State aid – Aid granted by France to a professional football club – Application for interim measures – No urgency
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Order of the President of the General Court of 3 November 2021 ECLI:EU:T:2021:752 |
Case T-5/21 Stichting Comité N 65 Ondergronds Helvoirt v EEA
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Order of the General Court (Second Chamber) of 4 November 2021 ECLI:EU:T:2021:813 |
Case T-494/20 Satabank v ECB
Economic and monetary policy – Prudential supervision of less significant credit institutions – Regulation (EU) No 1024/2013 – Specific tasks of the ECB – Refusal to carry out direct prudential supervision – Refusal to give instructions to the Competent Person – Action manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 8 November 2021 ECLI:EU:T:2021:797 |
Case T-96/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘Comirnaty – COVID-19 mRNA (nucleoside-modified) vaccine’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 November 2021 ECLI:EU:T:2021:804 |
Case T-136/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Moderna – COVID-19 mRNA Vaccine (nucleoside-modified)’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 November 2021 ECLI:EU:T:2021:807 |
Case T-165/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine AstraZeneca – COVID-19 Vaccine (ChAdOx1-S [recombinant]) ’ – No legal interest in bringing proceedings – No direct concern – No individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 November 2021 ECLI:EU:T:2021:805 |
Case T-267/21 Amort and Others v Commission
Action for annulment – Medicinal products for human use – Conditional marketing authorisation for the medicinal product for human use ‘COVID-19 Vaccine Janssen – COVID-19 vaccine (Ad26.COV2-S [recombinant])’ – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 9 November 2021 ECLI:EU:T:2021:802 |
Case T-661/19 Sasol Germany and Others v Commission
REACH – Substances of very high concern – Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Article 57 of Regulation (EC) No 1907/2006 – Weight of evidence approach – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber) of 10 November 2021 ECLI:EU:T:2021:779 |
Case T-41/20 Di Bernardo v Commission
Civil Service – Officials – Recruitment – Notice of competition – Open competition – Conditions of admission – Non-inclusion on the reserve list – Insufficient professional experience – Article 266 TFEU – Decision adopted to give effect to a judgment of the General Court – Measures necessary to give effect to a judgment delivered in an action for annulment – Article 2 of Annex III to the Statute – Equal treatment – Manifest error of assessment – Liability
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Judgment of the General Court (Seventh Chamber) of 10 November 2021 ECLI:EU:T:2021:778 |
Case T-218/20 Alkattan v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Obligation to state reasons – Rights of the defence – Right to a fair trial – Error of assessment – Determination of listing criteria
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Judgment of the General Court (Fourth Chamber) of 10 November 2021 ECLI:EU:T:2021:765 |
Case T-239/20 Stada Arzneimittel v EUIPO – Pfizer (RUXXIMLA)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXXIMLA – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:771 |
Case T-248/20 Stada Arzneimittel v EUIPO – Pfizer (RUXYMLA)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXYMLA – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:772 |
Case T-353/20 AC Milan v EUIPO – InterES (ACM 1899 AC MILAN)
European Union trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ACM 1899 AC MILAN – Earlier national word marks Milan – 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) – Proof of genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – No alteration of distinctive character
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:773 |
Case T-500/20 Selmikeit & Giczella v EUIPO – Boehmert & Boehmert (HALLOWIENER)
EU trade mark – Revocation proceedings – EU word mark HALLOWIENER – No genuine use – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 10 November 2021 ECLI:EU:T:2021:768 |
Case T-517/20 VF International v EUIPO – National Geographic Society (NATIONAL GEOGRAPHIC)
EU trade mark – Invalidity proceedings – EU word mark NATIONAL GEOGRAPHIC – Earlier non-registered mark geographic – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 10 November 2021 ECLI:EU:T:2021:783 |
Case T-518/20 VF International v EUIPO – National Geographic Society (NATIONAL GEOGRAPHIC)
EU trade mark – Invalidity proceedings – EU figurative mark NATIONAL GEOGRAPHIC – Earlier non-registered mark GEOGRAPHIC – Relative ground for refusal – Use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 10 November 2021 ECLI:EU:T:2021:784 |
Case T-532/20 Phi Group v EUIPO – Gruppo Cadoro (REDELLO)
EU trade mark – Opposition proceedings – Application for EU word mark REDELLO – Earlier EU figurative mark CADELLO 88 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:774 |
Case T-542/20 Stada Arzneimittel v EUIPO – Pfizer (RUXIMBLIS)
EU trade mark – Opposition proceedings – Application for the EU word mark RUXIMBLIS – Earlier EU word mark RUXIMERA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:775 |
Case T-572/20 Spisto v Commission
Civil service – Officials – Recruitment – Notice of Open Competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
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Judgment of the General Court (Fourth Chamber) of 10 November 2021 ECLI:EU:T:2021:766 |
Case T-755/20 Nissan Motor v EUIPO – VDL Groep (VDL E-POWER)
EU trade mark – Opposition proceedings – Application for the EU word mark VDL E-POWER – Earlier national figurative marks e-POWER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 10 November 2021 ECLI:EU:T:2021:769 |
Case T-756/20 Nissan Motor v EUIPO – VDL Groep (VDL E-POWERED)
EU trade mark – Opposition proceedings – Application for the EU word mark VDL E-POWERED – Earlier national figurative marks e-POWER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 10 November 2021 ECLI:EU:T:2021:770 |
Joined Cases T-758/20 and T-759/20 Monster Energy v EUIPO – Frito-Lay Trading Company (MONSTER and MONSTER ENERGY)
EU trade mark – Revocation proceedings – EU word marks MONSTER and MONSTER ENERGY – Genuine use of the marks – Use in connection with the goods in respect of which the marks were registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:776 |
Case T-771/20 KS and KD v Council and Others
Action for damages – Common foreign and security policy – Eulex Kosovo mission – Manifest lack of jurisdiction
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Order of the General Court (Ninth Chamber) of 10 November 2021 ECLI:EU:T:2021:798 (Appeal: Case before the Court of Justice C-29/22 P) (Appeal: Case before the Court of Justice C-44/22 P) |
Case T-73/21 PIK-KO v EUIPO – Haribo Ricqles Zan (P.I.C. Co.)
EU trade mark – Invalidity proceedings – EU figurative mark P.I.C. Co. – Earlier national figurative mark PIK – 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) – Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) – Declaration of partial invalidity
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Judgment of the General Court (Sixth Chamber) of 10 November 2021 ECLI:EU:T:2021:777 |
Case T-689/19 ZU v EEAS
Action for annulment and for damages – Civil service – Officials – Commission staff serving in the EEAS – Request for reimbursement of mission expenses – Request for assistance – Rejection – Competence of the author of the act – Delegation of powers – Pre-litigation procedure – Designation of the defendant – Partial inadmissibility – Principle of sound financial management – Misuse of powers – Action in part manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 11 November 2021 ECLI:EU:T:2021:796 |
Case T-77/21 QC v Commission
Civil service – Officials – Pension – Transfer of national pension rights – Decision establishing the number of pensionable years of service – Circumscribed powers – Action for annulment and for damages – Action manifestly lacking any foundation in law – No action brought for failure to fulfil obligations – Inadmissibility – Request for directions to be issued – Clear lack of jurisdiction
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Order of the General Court (First Chamber) of 11 November 2021 ECLI:EU:T:2021:801 (Appeal: Case before the Court of Justice C-14/22 P) |
Case T-147/17 Anastassopoulos and Velliou v Council and Commission
Non-contractual liability – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Collective action clauses – Private creditors – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Equal treatment – Natural and legal persons – Limitation periods – Whether European Union answerable for the measures at issue – Admissibility – Strict liability – Unusual and special damage
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Judgment of the General Court (Third Chamber) of 17 November 2021 ECLI:EU:T:2021:790 (Appeal: Case before the Court of Justice C-7/22 P) |
Case T-298/19 Think Schuhwerk v EUIPO (Representation of red shoelace aglets)
EU Trade Mark – Application for a figurative EU trade mark representing red shoelace aglets – Rejection of application – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Essentially identical previous application – No res judicata – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95 of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 17 November 2021 ECLI:EU:T:2021:792 |
Case T-408/20 KR v Commission
Civil service – Officials – Remuneration – Dependent child allowance – Article 2 of Annex VII of the Statute – Concept of ‘dependent child’ – Refusal to grant dependent child status to a student receiving a grant – Actual maintenance of the child – Health insurance scheme
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Judgment of the General Court (First Chamber) of 17 November 2021 ECLI:EU:T:2021:788 |
Case T-430/20 KV v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the selection board to exclude the applicant from the next stage of the competition – Eligibility criterion related to professional experience – Compliance of the criterion used by the selection board with the competition notice
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Judgment of the General Court (Fourth Chamber) of 17 November 2021 ECLI:EU:T:2021:791 |
Case T-504/20 Soapland v EUIPO – Norma (Manòu)
EU trade mark – Opposition proceedings – Application for the EU word mark Manòu – Earlier national and international word marks MANOU – 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) – Proof of genuine use of the earlier marks
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Judgment of the General Court (Second Chamber) of 17 November 2021 ECLI:EU:T:2021:789 |
Case T-538/20 Guasch Pubill v EUIPO – Nap-Kings (Table linen)
Community design – Invalidity proceedings – Registered Community design representing table linen – Disclosure of earlier design – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 6 and Article 25(1)(b) of Regulation No 6/2002 – Inadmissibility of the application for a declaration of invalidity – Article 52(3) of Regulation No 6/2002
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Judgment of the General Court (Ninth Chamber) of 17 November 2021 ECLI:EU:T:2021:793 |
Case T-616/20 Société des produits Nestlé v EUIPO – Amigüitos pets & life (THE ONLY ONE by alphaspirit wild and perfect)
EU trade mark – Opposition proceedings – Application for the EU figurative mark THE ONLY ONE by alphaspirit wild and perfect – Earlier EU word mark ONE – Relative grounds for refusal – Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001) – Decision taken following the annulment of an earlier decision by the General Court – Article 72(6) of Regulation (EU) 2017/1001 – Res judicata
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Judgment of the General Court (Ninth Chamber) of 17 November 2021 ECLI:EU:T:2021:794 |
Case T-658/20 Jakober v EUIPO (Shape of a cup)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a cup – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Lack of distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 17 November 2021 ECLI:EU:T:2021:795 |
Case T-157/21 RG v Council
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, on the one hand, and the United Kingdom, on the other – Council decision on the signing and on provisional application of the Trade and Cooperation Agreement – Mechanism of surrender pursuant to an arrest warrant – Person arrested and detained in Ireland after the end of the transition period for the purpose of the execution of a European Arrest Warrant issued by the United Kingdom during the transition period – Act not of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 18 November 2021 ECLI:EU:T:2021:829 |
Case T-454/20 Garment Manufacturers Association in Cambodia v Commission
Action for annulment – Common commercial policy – Generalised arrangement of preferential customs tariffs established by Regulation (EU) No 978/2012 – Temporary withdrawal of trade preferences applicable to certain products originating in Cambodia for reason of serious and systematic violations of human rights – Lack of direct concern – Lack of individual concern – Inadmissibility
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Order of the General Court (First Chamber) of 22 November 2021 ECLI:EU:T:2021:833 |
Case T-743/16 RENV II CX v Commission
Civil service – Officials – Disciplinary measure – Removal from post – OLAF investigation – Unauthorised and clandestine negotiation of a contract – Conflict of interests – Certification of a non-compliant invoice – Rights of the defence – Right to be heard – Repeated absence of the applicant and his lawyer from the disciplinary hearing – Legal certainty – Legitimate expectations – Proportionality – Reasonable time – Principle ne bis in idem – Manifest error of assessment – Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 24 November 2021 ECLI:EU:T:2021:824 (Appeal: Case before the Court of Justice C-71/22 P) |
Case T-160/19 LTTE v Council
Common foreign and security policy – Restrictive measures taken with a view to combating terrorism – Freezing of funds – List of the persons, groups and entities subject to the freezing of funds and economic resources – Maintaining the applicant’s name on the list – Factual basis of the decisions to freeze funds – Error of assessment – Obligation to state reasons – Rights of the defence – Right to effective judicial protection
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 ECLI:EU:T:2021:817 |
Case T-258/19 Foz v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 ECLI:EU:T:2021:820 |
Case T-434/20 Włodarczyk v EUIPO – Ave Investment (dziandruk)
EU trade mark – Invalidity proceedings – EU figurative mark dziandruk – Absolute ground for invalidity – Absence of bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 November 2021 ECLI:EU:T:2021:815 |
Case T-551/20 Jeronimo Martins Polska v EUIPO – Rivella International (Riviva)
EU trade mark – Opposition proceedings – Application for the EU word mark Riviva – Earlier EU word mark RIVELLA – Relative ground for refusal – Likelihood of confusion – Partial rejection of the application for registration – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 24 November 2021 ECLI:EU:T:2021:816 |
Case T-581/20 YP v Commission
Civil service – Officials – Promotion – 2019 promotion exercise – Decision not to promote – Article 45 of the Staff Regulations – Comparison of merits – Use of languages in the context of duties performed by officials assigned to linguistic duties and by officials assigned to duties other than linguistic – Seniority in grade – Presumption of innocence – Article 9 of Annex IX to the Staff Regulations – Duty to state reasons – Compliance with a settlement agreement
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Judgment of the General Court (Fourth Chamber) of 24 November 2021 ECLI:EU:T:2021:823 |
Case T-534/21 R VP v Cedefop
Interim relief – Civil service – Members of the temporary staff – Application for interim measures – Inadmissibility
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Order of the President of the General Court of 25 November 2021 ECLI:EU:T:2021:825 |
Case T-272/21 RII Puigdemont i Casamajó and Others v Parliament
Interim measures – Institutional law – Member of Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Application for suspension of operation – No urgency
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Order of the Vice-President of the General Court of 26 November 2021 ECLI:EU:T:2021:834 (Appeal: Case before the Court of Justice C-81/22 P(R)) |
Case T-515/16 Kanellou v Council
Civil service – Officials – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 29 November 2021 ECLI:EU:T:2021:859 |
Case T-521/16 Bergallou v Council
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 29 November 2021 ECLI:EU:T:2021:854 |
Case T-522/16 Nguyen v Council
Civil service – Contract staff – 2014 Reform of the Staff Regulations – Reimbursement of annual travel expenses and grant of travelling time – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 29 November 2021 ECLI:EU:T:2021:857 |
Case T-524/16 Aresu v Commission
Civil service – Officials – 2014 Reform of the Staff Regulations – Travelling time – Home leave – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 29 November 2021 ECLI:EU:T:2021:858 |
Case T-726/20 Grupa Azoty and Others v Commission
Action for annulment – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 – Eligible sectors – Exclusion of the fertiliser manufacturing sector – Lack of direct concern – Inadmissibility
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Order of the General Court (Fifth Chamber) of 29 November 2021 ECLI:EU:T:2021:884 (Appeal: Case before the Court of Justice C-73/22 P) |
Case T-741/20 Advansa Manufacturing and Others v Commission
Action for annulment – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 – Eligible sectors – Exclusion of the man-made fibres manufacturing sector – Lack of direct concern – Inadmissibility
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Order of the General Court (Fifth Chamber) of 29 November 2021 ECLI:EU:T:2021:885 (Appeal: Case before the Court of Justice C-77/22 P) |
Case T-355/19 INTP CE v Comittee of the Regions
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Order of the General Court (Seventh Chamber) of 30 November 2021 ECLI:EU:T:2021:860 |
Case T-710/21 R INTP Roos and Others v Parliament
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Order of the President of the General Court of 30 November 2021 ECLI:EU:T:2021:839 |
Case T-710/21 R Roos and Others v Parliament
Interim relief – Members of the European Parliament – Conditions of access to the European Parliament buildings at its three places of work related to the health crisis – Application for suspension of operation of a measure – Lack of any urgency
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Order of the President of the General Court of 30 November 2021 ECLI:EU:T:2021:838 |
Case T-711/21 R INTP ID and Others v Parlement
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Order of the President of the General Court of 30 November 2021 ECLI:EU:T:2021:836 |
Case T-711/21 R ID and Others v Parliament
Application for interim measures – Civil service – Conditions of access to the European Parliament buildings at its three places of work related to the health crisis – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 30 November 2021 ECLI:EU:T:2021:837 |
December 2021
Case T-265/20 JR v Commission
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 1 December 2021
ECLI:EU:T:2021:850 |
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Case T-546/20 Sopra Steria Benelux and Unisys Belgium v Commission
Public service contracts – Tendering procedure – Services for the specification, development, maintenance and support of IT platforms for DG ‘Taxation and Customs Union’ – Rejection of the tender submitted by a tenderer and decision to award the contract to another tenderer – Obligation to state reasons – Abnormally low tender
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 1 December 2021
ECLI:EU:T:2021:846 (Appeal: Case before the Court of Justice C-101/22 P) |
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Case T-700/20 Schmid v EUIPO – Landeskammer für Land- und Forstwirtschaft in Steiermark (Steirisches Kürbiskernöl g.g.A GESCHÜTZTE GEOGRAFISCHE ANGABE)
EU trade mark – Invalidity proceedings – EU figurative mark Steirisches Kürbiskernöl g. g. A GESCHÜTZTE GEOGRAFISCHE ANGABE – Absolute ground for refusal – Trade mark including badges, emblems or escutcheons – Emblem of one of the areas of action of the European Union – Protected geographical indications – Article 7(1)(i) of Regulation (EC) No 207/2009 (now Article 7(1)(i) of Regulation (EU) 2017/1001)
Language of the case: German
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Judgment of the General Court (Tenth Chamber) of 1 December 2021
ECLI:EU:T:2021:851 |
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Case T-422/21 Daimler v EUIPO – Volkswagen (IQ)
Action for annulment – EU trade mark – Lack of representation by a lawyer authorised to practise before a court of a Member State or of another State which is a party to the EEA Agreement – Manifest inadmissibility
Language of the case: English
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Order of the General Court (Fifth Chamber) of 7 December 2021
ECLI:EU:T:2021:888 |
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Case T-693/16 P RENV-RX HG v Commission
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 15 December 2021 (Extracts)
ECLI:EU:T:2021:895 (Appeal: Case before the Court of Justice C-150/22 P) |
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Case T-158/19 Breyer v REA
Access to documents – Regulation (EC) No 1049/2001 – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Regulation (EU) No 1290/2013 – Documents concerning the research project ‘iBorderCtrl: Intelligent Portable Border Control System’ – Exception relating to the protection of the commercial interests of a third party – Partial refusal to grant access – Overriding public interest
Language of the case: German
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Judgment of the General Court (Tenth Chamber) of 15 December 2021
ECLI:EU:T:2021:902 (Appeal: Case before the Court of Justice C-135/22 P) |
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Case T-565/19 Oltchim v Commission
State aid – Measures taken by Romania to support a petrochemical company – Non-enforcement, accumulation and cancellation of public claims – Action for annulment – Period within which proceedings must be brought – Point from which time starts to run – Article 24(1) of Regulation (EU) 2015/1589 – Interest in bringing proceedings – Existence of one or more measures – State resources – Imputability to the State – Applicability of the private creditor test – Application of the private creditor test – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 15 December 2021
ECLI:EU:T:2021:904 |
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Case T-569/20 Stichting Comité N 65 Ondergronds Helvoirt v Commission
Environment – Regulation (EC) No 1367/2006 – Obligation of the Member States to protect and improve ambient air quality – Request for internal review – Refusal of the request as inadmissible
Language of the case: Dutch
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Judgment of the General Court (Second Chamber) of 15 December 2021
ECLI:EU:T:2021:892 |
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Joined Cases T-721/18 and T-81/19 Apostolopoulou and Apostolopoulou-Chrysanthaki v Commission
Language of the case: Greek
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Judgment of the General Court (Ninth Chamber) of 21 December 2021
ECLI:EU:T:2021:933 (Appeal: Case before the Court of Justice C-124/22 P) |
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Case T-195/21 Klymenko v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 21 December 2021
ECLI:EU:T:2021:925 |
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Information (on unpublished decisions)
Case T-804/19 HC v Commission
Civil service – Recruitment – Notice of competition – Open competition EPSO/AD/363/18 – Decision not to admit the applicant to the next stage of the competition – Obligation to state reasons – Manifest error of assessment – Plea of illegality – Equal treatment – Proportionality – Right to be heard – Principle of sound administration – Language rules for the competition – Discrimination based on language – Liability
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Judgment of the General Court (Eighth Chamber) of 1 December 2021 ECLI:EU:T:2021:849 (Appeal: Case before the Court of Justice C-102/22 P) |
Case T-293/20 Ruiz-Ruiz v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Admission criterion related to professional experience – Compliance of criterion applied by the Selection Board with the competition notice – Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 1 December 2021 ECLI:EU:T:2021:845 |
Case T-359/20 Team Beverage v EUIPO – Zurich Deutscher Herold Lebensversicherung (Team Beverage)
EU trade mark – Opposition proceedings – Application for EU word mark Team Beverage – Earlier EU word mark TEAM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 1 December 2021 ECLI:EU:T:2021:841 |
Case T-433/20 KY v Court of Justice of the European Union
Civil service – Officials – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Crediting of additional pensionable years – Refund of the amount of pension rights not taken into account in the EU’s pension annuity scheme – Article 11(2) of Annex VIII to the Staff Regulations – The ‘minimum subsistence figure’ rule – Unjust enrichment
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Judgment of the General Court (First Chamber) of 1 December 2021 ECLI:EU:T:2021:840 (Appeal: Case before the Court of Justice C-100/22 P) |
Case T-467/20 Inditex v EUIPO – Ffauf Italia (ZARA)
EU trade mark – Opposition proceedings – Application for EU word mark ZARA – Earlier international word mark LE DELIZIE ZARA and earlier national figurative mark ZARA – Proof of genuine use of the earlier marks – Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 1 December 2021 ECLI:EU:T:2021:842 (Appeal: Case before the Court of Justice C-65/22 P) |
Case T-662/20 Muratbey Gida v EUIPO – M. J. Dairies (Triple helicoid cheese)
Community design – Invalidity proceedings – Registered Community design representing triple helicoid cheese – Earlier international design – Ground for invalidity – Individual character – Disclosure of the earlier design – Article 7 of Regulation (EC) No 6/2002 – Different overall impression – Article 6 of Regulation No 6/2002
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Judgment of the General Court (Second Chamber) of 1 December 2021 ECLI:EU:T:2021:843 |
Case T-709/20 R OJ v Commission
Application for interim measures – Civil service – Recruitment – Open competition – EPSO decision to refuse the extension of the dates of the multiple choice computer-based tests – Application for interim measures – No urgency
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Order of the President of the General Court of 1 December 2021 ECLI:EU:T:2021:852 |
Case T-84/21 Jieyang Defa Industry v EUIPO – Mattel (Doll's head)
Community design – Invalidity proceedings – Registered Community design representing a doll’s head – Earlier design – Ground for invalidity – No individual character – Degree of freedom of the designer – No different overall impression – Articles 6 and 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Second Chamber) of 1 December 2021 ECLI:EU:T:2021:844 |
Case T-152/21 Union syndicale Solidaires des SDIS de France et DOM/TOM v Commission
Non-contractual liability – Filing of a complaint with the Commission concerning the application of EU law – Time limit for reply – Right to good administration – Mandatory due diligence – Reasonable period – No sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Sixth Chamber) of 1 December 2021 ECLI:EU:T:2021:847 |
Case T-230/21 Jalkh v Parliament
Law governing the institutions – Member of the European Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union – Procedure for waiving immunity – Manifest error of assessment
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Judgment of the General Court (Sixth Chamber) of 1 December 2021 ECLI:EU:T:2021:848 (Appeal: Case before the Court of Justice C-82/22 P) |
Case T-303/21 FC v EASO
Action for annulment – Civil Service – Temporary staff – Disciplinary proceedings – Applications for suspension – Summons to attend a hearing before the Disciplinary Board – Postponement of the date of the hearing – No act adversely affecting the applicant – Premature action – Manifest inadmissibility
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Order of the General Court (Seventh Chamber) of 2 December 2021 ECLI:EU:T:2021:887 |
Case T-303/21 R FC v EASO
Application for interim measures – Main action clearly inadmissible – No need to adjudicate
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Order of the President of the General Court of 2 December 2021 ECLI:EU:T:2021:862 |
Case T-500/16 BZ v ECB
Civil service – ECB staff – Request for recognition of an occupational disease – Non-contractual liability – Material damage – Non-material damage
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Judgment of the General Court (First Chamber) of 8 December 2021 ECLI:EU:T:2021:863 |
Case T-127/19 Dyson and Others v Commission
Non-contractual liability – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy – Delegated Regulation (EU) No 665/2013 – Energy labelling of vacuum cleaners – Energy efficiency – Measurement method – Annulment by the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals)
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Judgment of the General Court (Seventh Chamber) of 8 December 2021 ECLI:EU:T:2021:870 (Appeal: Case before the Court of Justice C-122/22 P) |
Case T-556/19 Cyprus v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative ground for refusal – No likelihood of confusion – Similarity between services and goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 8 December 2021 ECLI:EU:T:2021:864 |
Case T-593/19 Cyprus v EUIPO – Fontana Food (GRILLOUMI BURGER)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI BURGER – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative grounds for refusal – No likelihood of confusion – No detriment to repute – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 8 December 2021 ECLI:EU:T:2021:865 (Appeal: Case before the Court of Justice C-120/22 P) |
Case T-595/19 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI BURGER)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI BURGER – Earlier EU collective word mark HALLOUMI – Relative grounds for refusal – No likelihood of confusion – No detriment to repute – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 8 December 2021 ECLI:EU:T:2021:866 (Appeal: Case before the Court of Justice C-121/22 P) |
Case T-247/20 JP v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to Open Competition EPSO/AD/363/18 for the recruitment of administrators at grade AD 7 in the field of taxation – Restriction of the scope of the application for access – Refusal to grant access – Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process – Article 6 of Annex III to the Staff Regulations – Secrecy of the selection board’s proceedings – Partial access – Non-contractual liability
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Judgment of the General Court (Eighth Chamber) of 8 December 2021 ECLI:EU:T:2021:871 |
Case T-294/20 Talleres de Escoriaza v EUIPO – Salto Systems (KAAS KEYS AS A SERVICE)
EU trade mark – Invalidity proceedings – EU word mark KAAS KEYS AS A SERVICE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – No distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Signs or indications which have become customary – Article 7(1)(d) of Regulation No 207/2009 (now Article 7(1)(d) of Regulation 2017/1001) – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 8 December 2021 ECLI:EU:T:2021:867 |
Case T-620/20 Alessio and Others v ECB
Action for annulment – Economic and monetary union – Banking union – Recovery and resolution of credit institutions – Early intervention measures – Decision of the ECB to place Banca Carige under temporary administration – Subsequent extension decisions – Time limit for bringing proceedings – Delay – Inadmissibility
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Order of the General Court (Fourth Chamber) of 8 December 2021 ECLI:EU:T:2021:877 |
Case T-623/20 Sun West and Others v Commission
State aid – Production of electricity by photovoltaic installations – Obligation to purchase the electricity at a higher price than the market price – Rejection of a complaint – Second subparagraph of Article 12(1) and Article 24(2) of Regulation (EU) 2015/1589
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Judgment of the General Court (Sixth Chamber) of 8 December 2021 ECLI:EU:T:2021:869 |
Case T-71/21 QB v Commission
Civil service – Temporary staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Refusal to grant the expatriation allowance – Main occupation – Work done for another State
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Judgment of the General Court (Fourth Chamber) of 8 December 2021 ECLI:EU:T:2021:868 (Appeal: Case before the Court of Justice C-88/22 P) |
Case T-722/21 R D'Amato and Others v Parliament
Application for interim measures – Members of Parliament – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 8 December 2021 ECLI:EU:T:2021:874 |
Case T-723/21 R Rooken and Others v Parliament
Application for interim measures – Members of Parliament – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 8 December 2021 ECLI:EU:T:2021:872 |
Case T-724/21 R IL and Others v Parliament
Application for interim measures – Civil Service – Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 8 December 2021 ECLI:EU:T:2021:873 |
Case T-655/21 R Meluzzi v Parliament and Council
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Order of the President of the General Court of 10 December 2021 ECLI:EU:T:2021:876 |
Case T-679/21 R ANIEF v Parliament and Council
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Order of the President of the General Court of 10 December 2021 ECLI:EU:T:2021:875 |
Case T-161/21 McCord v Commission
Action for annulment – Action for failure to act – Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation – Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law
Case T-627/16 RENV Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by the Czech Republic – Decoupled direct aid – Traditional on-the-spot checks and on-the-spot checks by remote sensing – Discrepancies between the results of the checks – Wine sector – On-the-spot checks of the investments by means of sampling
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Judgment of the General Court (Fourth Chamber) of 15 December 2021 ECLI:EU:T:2021:894 |
Case T-757/19 HB v EIB
Civil service – Staff of the EIB – Complaint alleging psychological harassment – Administrative enquiry – Decision dismissing the complaint – Decision rejecting the request for conciliation – Right to be heard – Liability
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Judgment of the General Court (First Chamber) of 15 December 2021 ECLI:EU:T:2021:890 |
Case T-224/20 FT and Others v Commission
Civil Service – Officials – Remuneration – Commission staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
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Judgment of the General Court (Eighth Chamber) of 15 December 2021 ECLI:EU:T:2021:898 (Appeal: Case before the Court of Justice C-168/22 P) |
Case T-225/20 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials
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Judgment of the General Court (Eighth Chamber) of 15 December 2021 ECLI:EU:T:2021:899 (Appeal: Case before the Court of Justice C-170/22 P) |
Case T-618/20 FZ and Others v Commission
Civil Service – Officials – Remuneration – Commission staff posted to a third country – Annual and interim update of correction coefficients – Manifest error of assessment
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Judgment of the General Court (Eighth Chamber) of 15 December 2021 ECLI:EU:T:2021:900 (Appeal: Case before the Court of Justice C-172/22 P) |
Case T-619/20 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Annual and interim update of correction coefficients – Manifest error of assessment
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Judgment of the General Court (Eighth Chamber) of 15 December 2021 ECLI:EU:T:2021:901 (Appeal: Case before the Court of Justice C-171/22 P) |
Case T-682/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 15 December 2021 ECLI:EU:T:2021:907 (Appeal: Case before the Court of Justice C-154/22 P) |
Case T-683/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 15 December 2021 ECLI:EU:T:2021:909 (Appeal: Case before the Court of Justice C-153/22 P) |
Case T-684/20 Legero Schuhfabrik v EUIPO – Rieker Schuh (Shoe)
Community design – Invalidity proceedings – Registered Community design representing a shoe – Earlier national and Community designs produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(v) of Regulation (EC) No 2245/2002 – Grounds for invalidity – Lack of novelty – No individual character – Degree of freedom of the designer – Lack of a different overall impression – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 15 December 2021 ECLI:EU:T:2021:912 (Appeal: Case before the Court of Justice C-152/22 P) |
Case T-689/20 HB v EIB
Civil service – EIB staff – Dismissal – Manifest error of assessment – Principle of sound administration – Lack of competence of the author of the act
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Judgment of the General Court (First Chamber) of 15 December 2021 ECLI:EU:T:2021:891 |
Case T-705/20 OI v Commission
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Judgment of the General Court (Seventh Chamber) of 15 December 2021 ECLI:EU:T:2021:896 |
Case T-69/21 Rotondaro v EUIPO – Pollini (COLLINI)
EU trade mark – Opposition proceedings – Application for the EU figurative mark COLLINI – Earlier EU and national word marks POLLINI and STUDIO POLLINI – 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)
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Judgment of the General Court (Second Chamber) of 15 December 2021 ECLI:EU:T:2021:893 |
Case T-85/21 QF v Commission
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Judgment of the General Court (Seventh Chamber) of 15 December 2021 ECLI:EU:T:2021:897 |
Case T-188/21 Lück v EUIPO – R.H. Investment (MALLE)
EU trade mark – Invalidity proceedings – EU word mark MALLE – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation 2017/1001 – Ineffective nature of the single plea in law
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Judgment of the General Court (Tenth Chamber) of 15 December 2021 ECLI:EU:T:2021:903 (Appeal: Case before the Court of Justice C-145/22 P) |
Case T-495/14 Theodorakis and Theodoraki v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – Statement of the President of the Euro Group of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
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Order of the General Court (First Chamber, Extended Composition) of 17 December 2021 ECLI:EU:T:2021:941 (Appeal: Case before the Court of Justice C-137/22 P) |
Case T-496/14 Berry Investments v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – President of the Euro Group Statement of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
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Order of the General Court (First Chamber, Extended Composition) of 17 December 2021 ECLI:EU:T:2021:944 |
Case T-765/14 Legakis and Others and Legaki v Council
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Euro Group Statements of 16 and 25 March 2013 concerning Cyprus – Statement of the President of the Euro Group of 21 March 2013 concerning Cyprus – Mistaken designation of the defendant – Manifest inadmissibility
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Order of the General Court (First Chamber, Extended Composition) of 17 December 2021 ECLI:EU:T:2021:945 |
Case T-321/17 Niemelä and Others v ECB
Action for annulment – Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Replacement of the contested measure in the course of the proceedings – Action which has become devoid of purpose – Loss of interest in bringing proceedings – No need to adjudicate – Action for damages – Manifest inadmissibility
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Order of the General Court (Ninth Chamber, Extended Composition) of 20 December 2021 ECLI:EU:T:2021:942 (Appeal: Case before the Court of Justice C-181/22 P) |
Case T-209/15 Gmina Kosakowo v Commission
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 21 December 2021 ECLI:EU:T:2021:926 |
Case T-263/15 RENV Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission
State aid – Airport infrastructure – Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Market economy operator principle – Effect on trade between Member States – Adverse effect on competition – Recovery – Withdrawal of a decision – Failure to re-open the formal investigation procedure – Procedural rights of the interested parties – Rights of the defence – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 21 December 2021 ECLI:EU:T:2021:927 (Appeal: Case before the Court of Justice C-163/22 P) |
Case T-177/17 EKETA v Commission
Arbitration clause – Ask-it contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests – Subcontracting
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Judgment of the General Court (Seventh Chamber) of 21 December 2021 ECLI:EU:T:2021:929 |
Case T-189/17 EKETA v Commission
Arbitration clause – Humabio contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests
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Judgment of the General Court (Seventh Chamber) of 21 December 2021 ECLI:EU:T:2021:930 |
Case T-190/17 EKETA v Commission
Arbitration clause – Cater contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests
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Judgment of the General Court (Seventh Chamber) of 21 December 2021 ECLI:EU:T:2021:931 |
Case T-703/19 DD v FRA
Action for damages – Civil service – Members of the temporary staff – Initiation of an administrative inquiry – Article 86(2) of the Staff Regulations – Duty to provide information – Duration of the procedure – Reasonable time – Obligation to state reasons – Manifest error of assessment – Confidentiality of the administrative inquiry – Duty to have regard for the welfare of officials – Non-material damage – Causal link
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Judgment of the General Court (Fourth Chamber) of 21 December 2021 ECLI:EU:T:2021:923 (Appeal: Case before the Court of Justice C-130/22 P) |
Case T-795/19 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council – Decision to reduce the amount of the contract and to recover the amounts already paid – Action for annulment and for damages – Act forming part of a purely contractual framework from which it is inseparable – No arbitration clause – Inadmissibility – No heads of damage that are separable from the contract
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:917 (Appeal: Case before the Court of Justice C-160/22 P) |
Case T-796/19 HB v Commission
Public service contracts – Provision of technical assistance services to the Ukrainian authorities – Decision to reduce the amount of the contract and to recover the amounts already paid – Action for annulment and for damages – Act forming part of a purely contractual framework from which it is inseparable – No arbitration clause – Inadmissibility – No heads of damage that are separable from the contract
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:918 (Appeal: Case before the Court of Justice C-161/22 P) |
Case T-870/19 Worldwide Spirits Supply v EUIPO – Melfinco (CLEOPATRA QUEEN)
EU trade mark – Invalidity proceedings – EU figurative mark CLEOPATRA QUEEN – Earlier national word mark CLEOPATRA MELFINCO – Articles 15 and 57 of Regulation (EC) No 207/2009 (now Articles 18 and 64 of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier mark – Declaration of invalidity
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:919 |
Case T-6/20 Dr. Spiller v EUIPO – Rausch (Alpenrausch Dr. Spiller)
EU trade mark – Opposition proceedings – Application for EU word mark Alpenrausch Dr. Spiller – Earlier EU word mark RAUSCH – 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)
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:920 |
Case T-159/20 Hamers v Cedefop
Civil service – Members of the temporary staff – Investigation conducted by OLAF – Transmission to national judicial authorities of information relating to facts liable to lead to criminal proceedings – National criminal proceedings – Acquittal – Cedefop’s conduct in relation to the national criminal proceedings – Rejection of the claim for compensation – Action for annulment and damages – Conflict of interests – Presumption of innocence – Powers of Cedefop’s Board of Appeal
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Judgment of the General Court (First Chamber) of 21 December 2021 ECLI:EU:T:2021:913 (Appeal: Case before the Court of Justice C-111/22 P) |
Case T-369/20 EFFAS v EUIPO – CFA Institute (CEFA Certified European Financial Analyst)
EU trade mark – Opposition proceedings – Application for the EU word mark CEFA Certified European Financial Analyst – Earlier EU word mark CFA – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:921 |
Case T-381/20 Datax v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – HELP and GreenNets grant agreements – OLAF’s investigation – Personnel costs – Burden of proof – Reliability of timesheets – Ineligibility of costs declared by the beneficiary – Request for recovery – Debit notes – Limitation – Reasonable time – Proportionality
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Judgment of the General Court (Eighth Chamber) of 21 December 2021 ECLI:EU:T:2021:932 |
Case T-409/20 KS v Frontex
Civil service – Members of the temporary staff – Fixed-term contract – Termination of the contract – Breakdown in the relationship of trust – Article 47(b)(ii) of the CEOS – Right to be heard – Duty to have regard for the welfare of staff – Requests for assistance and compensation – Action for annulment and compensation
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Judgment of the General Court (First Chamber) of 21 December 2021 ECLI:EU:T:2021:914 |
Case T-549/20 Magic Box Int. Toys v EUIPO – KMA Concepts (SUPERZINGS)
EU trade mark – Invalidity proceedings – EU word mark SUPERZINGS – Earlier international figurative mark ZiNG – 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)
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Judgment of the General Court (Tenth Chamber) of 21 December 2021 ECLI:EU:T:2021:935 (Appeal: Case before the Court of Justice C-194/22 P) |
Case T-571/20 Luna Italia v EUIPO – Luna (LUNA SPLENDIDA)
EU trade mark – Invalidity proceedings – EU figurative mark LUNA SPLENDIDA – Earlier EU figurative mark Luna – Relative ground for refusal – Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 21 December 2021 ECLI:EU:T:2021:956 |
Case T-573/20 MG v EIB
Civil service – EIB staff – Remuneration – Family allowances – Refusal to grant allowances to non-custodial parent – Conciliation procedure – Reasonable time – Liability
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Judgment of the General Court (First Chamber) of 21 December 2021 ECLI:EU:T:2021:915 (Appeal: Case before the Court of Justice C-173/22 P) |
Case T-587/20 MO v Council
Civil service – Officials – Compulsory reassignment – 2019 Appraisal exercise – Right to be heard – Liability
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Judgment of the General Court (First Chamber) of 21 December 2021 ECLI:EU:T:2021:916 (Appeal: Case before the Court of Justice C-165/22 P) |
Case T-598/20 Skechers USA v EUIPO (ARCH FIT)
EU trade mark – Application for the EU word mark ARCH FIT – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 21 December 2021 ECLI:EU:T:2021:922 |
Case T-699/20 Fashion Energy v EUIPO – Retail Royalty (1st AMERICAN)
EU trade mark – Opposition proceedings – Application for EU figurative mark 1st AMERICAN – Earlier EU figurative mark representing an eagle or other bird of prey – Relative ground for refusal – Likelihood of confusion – Phonetic similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 72(6) of Regulation 2017/1001 – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 21 December 2021 ECLI:EU:T:2021:928 |
Case T-159/21 Bustos v EUIPO – Bicicletas Monty (motwi)
EU trade mark – Opposition proceedings – Application for EU figurative mark motwi – Earlier national word mark MONTY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 21 December 2021 ECLI:EU:T:2021:924 |
Case T-194/21 Fidia farmaceutici v EUIPO – Stelis Biopharma (HYALOSTEL ONE)
EU trade mark – Opposition proceedings – International figurative registration designating the European Union – Figurative mark HYALOSTEL ONE – Earlier EU word mark HYALISTIL and earlier figurative mark HyalOne – Earlier international word mark HYALO – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 21 December 2021 ECLI:EU:T:2021:934 |
Case T-205/21 Kewazo v EUIPO (Liftbot)
EU trade mark – Application for EU word mark Liftbot – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 21 December 2021 ECLI:EU:T:2021:953 |
Case T-725/20 Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission
Dumping – Imports of aluminium extrusions originating in China – Act imposing a provisional anti-dumping duty – Act not open to challenge – Preparatory act – Inadmissibility – Definitive anti-dumping duty – No longer any interest in bringing proceedings – No need to adjudicate
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Order of the General Court (Fourth Chamber) of 22 December 2021 ECLI:EU:T:2021:957 |
Case T-381/21 D & A Pharma v EMA
Action for annulment – Medicinal products for human use – Application for marketing authorisation for the medicinal product Hopveus – Non-renewal of a permanent scientific advisory group – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Eighth Chamber) of 22 December 2021 ECLI:EU:T:2021:960 (Appeal: Case before the Court of Justice C-136/22 P) |
Case T-665/21 R Civitta Eesti v Commission
Interim relief – Public supply contracts – Legal, socio-economic and technical assistance in the fields of energy and mobility and transport – Application for interim measures – No urgency
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Order of the President of the General Court of 22 December 2021 ECLI:EU:T:2021:937 |
Case T-768/21 R Castellanos Triviño and Others v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
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Order of the President of the General Court of 22 December 2021 ECLI:EU:T:2021:936 |
January 2022
Case T-647/20 Verelst v Council
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 12 January 2022
ECLI:EU:T:2022:5 |
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Case T-610/19 Deutsche Telekom v Commission
Action for annulment and for damages – Competition – Abuse of dominant position – Slovak market for broadband telecommunications services – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Judgment annulling the decision in part and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4)(a) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Loss of use of the amount of the fine that had been unduly paid – Loss of profits – Default interest – Rate – Harm
Language of the case: German
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 19 January 2022
ECLI:EU:T:2022:15 (Appeal: Case before the Court of Justice C-221/22 P) |
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Case T-286/09 RENV Intel Corporation v Commission
Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement – Loyalty rebates – ‘Naked’ restrictions – Characterisation as abuse – As-efficient-competitor analysis – Overall strategy – Single and continuous infringement
Language of the case: English
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Rectification order of 10 March 2022
ECLI:EU:T:2022:150 |
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 26 January 2022
ECLI:EU:T:2022:19 (Appeal: Case before the Court of Justice C-240/22 P) |
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Case T-849/19 Leonardo v Frontex
Public supply contracts – Tendering procedure – Aerial surveillance services – Action for annulment – No interest in bringing proceedings – Inadmissibility – Non-contractual liability
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 26 January 2022
ECLI:EU:T:2022:28 |
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Information (on unpublished decisions)
Case T-366/20 1031023 B.C. v EUIPO – Bodegas San Valero (Representation of a circle drawn by a brush)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a circle drawn by a brush – Earlier national figurative mark ORIGIUM 1944 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 12 January 2022 ECLI:EU:T:2022:4 |
Case T-630/20 MW v Parliament
Civil service – Members of the temporary staff – Political group – Dismissal – Breakdown in the relationship of trust – Psychological harassment – Manifest error of assessment – Misuse of powers – Liability
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Judgment of the General Court (Eighth Chamber) of 12 January 2022 ECLI:EU:T:2022:3 |
Case T-160/21 Laboratorios Ern v EUIPO – Malpricht (APIRETAL)
EU trade mark – Revocation proceedings – Word mark APIRETAL – Declaration of revocation – No genuine use – No proper reasons for non-use – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 12 January 2022 ECLI:EU:T:2022:2 (Appeal: Case before the Court of Justice C-187/22 P) |
Case T-259/21 Neolith Distribution v EUIPO (Representation of an ornamental pattern)
EU trade mark – Application for an EU pattern mark – Representation of an ornamental pattern – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 12 January 2022 ECLI:EU:T:2022:1 |
Case T-418/21 Alauzun and Others v Commission and EMA
Action for annulment – Medicinal products for human use – Amendment to the conditional marketing authorisation for the medicinal product for human use Comirnaty – Act not open to challenge – Preparatory act – No interest in bringing proceedings – No direct concern – Act not of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Eighth Chamber) of 14 January 2022 ECLI:EU:T:2022:39 |
Case T-743/20 Car-Master 2 v Commission
Competition – Agreements, decisions and concerted practices – Motor vehicle repair market in Poland – Decision rejecting a complaint – Article 13(2) of Regulation (EC) No 1/2003 – Case dealt with by a national competition authority – Action lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 17 January 2022 ECLI:EU:T:2022:33 |
Case T-757/18 Koinopraxia Touristiki Loutrakiou v Commission
State aid – Greek casinos – System providing for a levy of 80% on admission fees of different amounts – Differentiation between public and private casinos – Complaint – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Annulment of the decision by a decision of the General Court – Decision finding no State aid – Action for annulment – Challengeable act – Admissibility – Rights of the defence
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Judgment of the General Court (Sixth Chamber) of 19 January 2022 ECLI:EU:T:2022:13 |
Case T-148/20 FC v EASO
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Order of the General Court (Seventh Chamber) of 19 January 2022 ECLI:EU:T:2022:30 |
Case T-483/20 Tecnica Group v EUIPO – Zeitneu (Shape of a boot)
EU trade mark – Invalidity proceedings – EU three-dimensional mark – Shape of a boot – Declaration of partial invalidity – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Decisions of EU trade mark courts ruling on an action for a declaration of non-infringement – Res judicata
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Judgment of the General Court (Second Chamber) of 19 January 2022 ECLI:EU:T:2022:11 |
Case T-76/21 Masterbuilders, Heiermann, Schmidtmann v EUIPO – Cirillo (POMODORO)
EU trade mark – Revocation proceedings – EU word mark POMODORO – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Statement setting out the grounds of appeal – Period for lodging – Article 58(3) of Delegated Regulation (EU) 2018/625 – Facts or evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation 2018/625 – Proof of genuine use
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Judgment of the General Court (Tenth Chamber) of 19 January 2022 ECLI:EU:T:2022:16 |
Case T-99/21 Construcciones Electromecánicas Sabero v EUIPO – Magdalenas de las Heras (Heras Bareche)
EU trade mark – Opposition proceedings – Application for EU figurative mark Heras Bareche – Earlier EU figurative mark MAGDALENAS DeLasHeras – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 19 January 2022 ECLI:EU:T:2022:14 |
Case T-270/21 Estetica Group Iwona Michalak v EUIPO (PURE BEAUTY)
EU trade mark – Application for the EU figurative mark PURE BEAUTY – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 19 January 2022 ECLI:EU:T:2022:12 |
Case T-731/21 R Společnost pro eHealth databáze v Commission
Application for interim measures – Grant agreement concluded in the context of the Competitiveness and Innovation Framework Programme (2007-2013) – Recovery of sums paid – Application for suspension of operation – No urgency
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Order of the President of the General Court of 24 January 2022 ECLI:EU:T:2022:17 |
Case T-303/16 Mylan IRE Healthcare v Commission
Medicinal products for human use – Orphan medicinal products – Marketing authorisations for the medicinal products Tobramycin VVB and associated names – Derogation from the market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Article 8(3)(c) of Regulation (EC) No 141/2000 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Article 3(2) and (3)(d) of Regulation (EC) No 847/2000 – Duty of care – Manifest error of assessment
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Judgment of the General Court (Ninth Chamber) of 26 January 2022 ECLI:EU:T:2022:25 (Appeal: Case before the Court of Justice C-237/22 P) |
Case T-325/20 Unger Marketing International v EUIPO – Orben Wasseraufbereitung (Water purifers)
Community design – Invalidity proceedings – Design representing a water purifier – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002 – Declaration of invalidity
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Judgment of the General Court (Sixth Chamber) of 26 January 2022 ECLI:EU:T:2022:23 |
Case T-498/20 Diego v EUIPO – Forbo Financial Services (WOOD STEP LAMINATE FLOORING)
EU trade mark – Opposition proceedings – Application for the EU figurative mark WOOD STEP LAMINATE FLOORING – Earlier international word mark STEP – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Free movement of goods
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Judgment of the General Court (Ninth Chamber) of 26 January 2022 ECLI:EU:T:2022:26 |
Case T-570/20 Kedrion v EMA
Access to documents – Regulation (EC) No 1049/2001 – Collection and processing of plasma – Plasma master file – Refusal to grant access – Exception relating to the protection of the commercial interests of a third party – Incorrect determination of the subject matter of the application – Obligation to base the refusal to grant access on specific and concrete reasons
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Judgment of the General Court (Fourth Chamber) of 26 January 2022 ECLI:EU:T:2022:20 |
Case T-586/20 MN v Europol
Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Manifest error of assessment
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Judgment of the General Court (Seventh Chamber) of 26 January 2022 ECLI:EU:T:2022:24 |
Case T-233/21 Meta Cluster v EUIPO (Clustermedizin)
EU trade mark – Application for EU word mark Clustermedizin – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 26 January 2022 ECLI:EU:T:2022:27 (Appeal: Case before the Court of Justice C-233/22 P) |
Case T-300/21 CNH Industrial v EUIPO (SOILXPLORER)
EU trade mark – Application for EU word mark SOILXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 26 January 2022 ECLI:EU:T:2022:21 |
Case T-301/21 CNH Industrial v EUIPO (CROPXPLORER)
EU trade mark – Application for EU word mark CROPXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 26 January 2022 ECLI:EU:T:2022:22 |
Case T-717/21 R ICA Traffic v Commission
Application for interim relief – Public procurement – Supply of disinfection robots – Application for interim measures – No urgency
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Order of the President of the General Court of 26 January 2022 ECLI:EU:T:2022:18 |
February 2022
Case T-799/17 Scania and Others v Commission
Competition – Agreements, decisions and concerted practices – Truck manufacturers market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies and the passing on to customers of the costs relating to those technologies – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Principle of impartiality – Charter of Fundamental Rights – Single and continuous infringement – Restriction of competition by object – Geographic scope of the infringement – Fine – Proportionality – Equal treatment – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 2 February 2022
ECLI:EU:T:2022:48 (Appeal: Case before the Court of Justice C-251/22 P) |
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Case T-616/18 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Commitments by Gazprom)
Competition – Abuse of a dominant position – Gas markets of Central and Eastern Europe – Decision to make binding the individual commitments proposed by an undertaking – Article 9 of Regulation (EC) No 1/2003 – Whether the commitments are adequate in the light of the competition concerns initially identified in the statement of objections – Commission decision not to require commitments in relation to some of the initial concerns – Principle of sound administration – Transparency – Obligation to state reasons – Energy-policy objectives of the European Union – Principle of energy solidarity – Misuse of powers
Language of the case: Polish
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 2 February 2022
ECLI:EU:T:2022:43 (Appeal: Case before the Court of Justice C-255/22 P) |
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Case T-27/19 Pilatus Bank and Pilatus Holding v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Decision to withdraw a credit institution’s authorisation – Indictment of the main shareholder in a third country – Criterion of good repute – Perception of good repute by the market – Presumption of innocence – Proportionality – Rights of the defence
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 2 February 2022
ECLI:EU:T:2022:46 (Appeal: Case before the Court of Justice C-256/22 P) |
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Case T-399/19 Polskie Górnictwo Naftowe i Gazownictwo v Commission (Rejection of complaint)
Competition – Abuse of a dominant position – Gas markets of Central and Eastern Europe – Decision rejecting a complaint – No Union interest – State action defence – Obligation to undertake a diligent examination – Procedural rights under Regulation (EC) No 773/2004
Language of the case: Polish
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 2 February 2022
ECLI:EU:T:2022:44 |
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Case T-868/16 QI and Others v Commission and ECB
Non-contractual liability – Economic and monetary policy – Restructuring of Greek public debt – Bond exchange agreement for the sole benefit of the Eurosystem central banks – Private sector involvement – Collective action clauses – Private creditors – Official sector creditors – Attributability – Sufficiently serious infringement of a rule of law conferring rights on individuals – Article 63(1) TFEU – Articles 120 to 127 and Article 352(1) TFEU – Right to property – Equal treatment
Language of the case: English
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Judgment of the General Court (Third Chamber) of 9 February 2022 (Extracts)
ECLI:EU:T:2022:58 (Appeal: Case before the Court of Justice C-262/22 P) |
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Case T-740/18 Taminco and Arysta LifeScience Great Britain v Commission
Plant protection products – Active substance thiram – Non-renewal of approval – Regulation No 1107/2009 and Implementing Regulation No 844/2012 – Rights of the defence – Procedural irregularity – Manifest error of assessment – Competence of EFSA – Proportionality – Precautionary principle – Equal treatment
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 9 February 2022
ECLI:EU:T:2022:61 (Appeal: Case before the Court of Justice C-259/22 P) |
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Case T-791/19 Sped-Pro v Commission
Competition – Abuse of dominant position – Rail freight transport services market – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Reasonable time – EU interest in pursuing examination of a complaint – Determination of the authority best placed to examine a complaint – Criteria – Manifest error of assessment – Systemic or generalised deficiencies concerning respect for the rule of law – Risk of infringement of a complainant’s rights if a complaint is rejected – Obligation to state reasons
Language of the case: Polish
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 February 2022
ECLI:EU:T:2022:67 |
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Case T-834/17 United Parcel Service v Commission
Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – Rights of the defence – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link
Language of the case: English
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Rectification order of 13 June 2022
ECLI:EU:T:2022:374 |
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 February 2022
ECLI:EU:T:2022:84 (Appeal: Case before the Court of Justice C-297/22 P) |
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Case T-540/18 ASL Aviation Holdings and ASL Airlines (Ireland) v Commission
Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – General reference to other documents – Pleas in law or complaints raised by a third party in another case – Evidence submitted in the reply – No justification for the delay – Inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: English
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Rectification order of 13 June 2022
ECLI:EU:T:2022:373 |
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 February 2022
ECLI:EU:T:2022:85 |
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Case T-198/21 Ancor Group v EUIPO – Cody's Drinks International (CODE-X)
EU trade mark – Opposition proceedings – EU word mark CODE-X – Earlier national word and figurative marks Cody’s – Earlier international figurative mark Cody’s – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 23 February 2022
ECLI:EU:T:2022:83 |
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Information (on unpublished decisions)
Case T-536/20 LU v EIB
Civil service – EIB staff – Dignity at Work Policy – Psychological harassment – Investigation procedure – Action for annulment – Final report of the investigation panel – Preparatory act – Inadmissibility – Decision rejecting the complaint – Act adversely affecting an official – Admissibility – Article 41 of the Charter of Fundamental Rights – Rights of the defence – Right to be heard – Obligation to state reasons – Liability
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Judgment of the General Court (First Chamber) of 2 February 2022 ECLI:EU:T:2022:40 |
Case T-694/20 Canisius v EUIPO – Beiersdorf (CCLABELLE VIENNA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCLABELLE VIENNA – Earlier EU word mark LABELLO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 2 February 2022 ECLI:EU:T:2022:45 |
Case T-116/21 Maternus v EUIPO – adp Gauselmann (WILD)
EU trade mark – Invalidity proceedings – EU word mark WILD – Absolute ground for refusal – Descriptive character – Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 59(1)(a) and Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Tenth Chamber) of 2 February 2022 ECLI:EU:T:2022:47 |
Case T-173/21 Novelis Deutschland v EUIPO – CU.CO. (Grill dish)
Community design – Invalidity proceedings – Registered Community design representing a grill dish – Earlier national design – Ground for invalidity – No individual character – Article 6 of Regulation (EC) No 6/2002
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Judgment of the General Court (Third Chamber) of 2 February 2022 ECLI:EU:T:2022:41 |
Case T-202/21 Vita Zahnfabrik v EUIPO – VIPI Produtos Odontológicos (VITABLOCS TriLuxe forte)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark VITABLOCS TriLuxe forte – Earlier EU word mark TRILUX – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 2 February 2022 ECLI:EU:T:2022:42 |
Case T-67/21 ultra air v EUIPO – Donaldson Filtration Deutschland (ultrafilter international)
EU trade mark – Proceedings for invalidity and revocation – European Union word mark ultrafilter international – Request for conversion to a national trade mark application – Revocation proceedings devoid of purpose – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 4 February 2022 ECLI:EU:T:2022:54 |
Case T-464/21 Faller and Others v Commission
Action for annulment – Medicinal products for human use – Variation of the conditional marketing authorisation for the Comirnaty medicinal product for human use – No legal interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 7 February 2022 ECLI:EU:T:2022:68 |
Case T-739/21 R Eurecna v Commission
Interim relief – Public supply contracts – Application for interim measures – Lack of any urgency
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Order of the President of the General Court of 7 February 2022 ECLI:EU:T:2022:49 |
Case T-195/19 GEA Group v Commission
Competition – Agreements, decisions and concerted practices – European markets in tin stabilisers and in ESBO/esters heat stabilisers – Decision establishing an infringement of Article 81 EC – Decision amending the initial decision annulled – Decision rejecting a request for repayment of the fine – Action for annulment – Actionable measure – Interest in bringing proceedings – Admissibility – Article 266(1) TFEU
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Judgment of the General Court (Ninth Chamber) of 9 February 2022 ECLI:EU:T:2022:65 |
Case T-317/19 AMVAC Netherlands v Commission
Plant protection products – Active substance ethoprophos – Non-renewal of approval – Regulation No 1107/2009 and Implementing Regulation No 844/2012 – Rights of the defence – Manifest error of assessment – Legal certainty – Proportionality – Precautionary principle
Case T-520/19 Heitec v EUIPO – Hetec Datensysteme (HEITEC)
EU trade mark – Revocation proceedings – EU word mark HEITEC – No account taken of evidence submitted before the Cancellation Division and before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – No genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) – Rule 40(5) of Regulation (EC) No 2868/95 (now Article 19(1) of Delegated Regulation (EU) 2018/625)
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Judgment of the General Court (Ninth Chamber) of 9 February 2022 ECLI:EU:T:2022:66 |
Case T-652/19 Elevolution - Engenharia v Commission
Public procurement – Financial Regulation – Exclusion from procurement and grant award procedures covered by the EDF for a three-year period – Obligation to state reasons – Principle of sound administration – Right to be heard – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber) of 9 February 2022 ECLI:EU:T:2022:63 |
Case T-672/19 Companhia de Seguros Índico v Commission
Public procurement – Financial Regulation – Exclusion from procurement procedures and from the award of grants financed by the general EU budget and by the EDF for a three-year period – Principle of good faith – Abuse of rights – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber) of 9 February 2022 ECLI:EU:T:2022:64 |
Case T-33/20 Van Walle v ECDC
Civil service – Members of the temporary staff – ECDC staff members – Appraisal report for 2018 – Freedom of expression – Obligation to state reasons – Case requiring a specific statement of reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Right to be heard
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Judgment of the General Court (Fourth Chamber) of 9 February 2022 ECLI:EU:T:2022:60 |
Case T-589/20 Calzaturificio Emmegiemme Shoes v EUIPO – Inticom (MAIMAI MADE IN ITALY)
EU trade mark – Opposition proceedings – Application for EU word mark MAIMAI MADE IN ITALY – Earlier EU word mark YAMAMAY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Admissibility of new evidence – Alteration of the distinctive character
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Judgment of the General Court (Third Chamber) of 9 February 2022 ECLI:EU:T:2022:59 |
Case T-434/21 TO v EEA
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Order of the General Court (Eighth Chamber) of 10 February 2022 ECLI:EU:T:2022:72 |
Case T-736/20 OP v Commission
Civil service – Officials – Recruitment – Open Competition EPSO/AST/147/19 – Decision not to include the applicant’s name on the reserve list for the competition – Obligation to state reasons – Equal treatment
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Order of the General Court (Eighth Chamber) of 11 February 2022 ECLI:EU:T:2022:69 |
Case T-459/21 Calrose Rice v EUIPO – Ricegrowers (Sunwhite)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Sunwhite – Earlier national figurative mark Sunwhite – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 11 February 2022 ECLI:EU:T:2022:73 (Appeal: Case before the Court of Justice C-253/22 P) |
Case T-53/22 R Collard v Parliament and ID
Interim measures – Law governing the institutions – Member of the Parliament – Suspension and exclusion of a Member from his political group – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
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Order of the President of the General Court of 11 February 2022 ECLI:EU:T:2022:75 |
Case T-54/22 R Rivière v Parliament and ID
Interim relief – Law governing the institutions – Member of the Parliament – Suspension and exclusion of a Member from his political group – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
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Order of the President of the General Court of 11 February 2022 ECLI:EU:T:2022:74 |
Case T-503/21 Lagardère, unité médico-sociale v Commission
Action for annulment – Regulation (EU) 2021/953 – EU Digital Covid-19 Certificate – Freedom of movement for persons – Restrictions – Incorrect designation of the defendant – Inadmissibility
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Order of the General Court (Eighth Chamber) of 14 February 2022 ECLI:EU:T:2022:78 |
Case T-295/21 eSlovensko v Commission
Action for annulment – Financial provisions – EU programme on promoting safer use of the internet – Failure to comply with procedural requirements – Inadmissibility
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Order of the General Court (Fifth Chamber) of 15 February 2022 ECLI:EU:T:2022:77 |
Case T-425/21 eSlovensko Bratislava v Commission
Action for annulment – Financial provisions – EU programme on promoting safer use of the internet – Failure to comply with procedural requirements – Inadmissibility
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Order of the General Court (Fifth Chamber) of 15 February 2022 ECLI:EU:T:2022:79 |
Case T-161/15 Brinkmann (Steel Trading) and Others v Commission and ECB
Action for damages – Economic and monetary policy – Stability support programme for Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Equal treatment – Principle of proportionality – Action manifestly lacking any foundation in law
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Order of the General Court (First Chamber, Extended Composition) of 22 February 2022 ECLI:EU:T:2022:96 |
Case T-636/19 Chemours Netherlands v ECHA
REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides as a substance fulfilling the criteria laid down for inclusion in the list – Article 57 of Regulation No 1907/2006 – Manifest error of assessment – Proportionality
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Judgment of the General Court (Eighth Chamber) of 23 February 2022 ECLI:EU:T:2022:86 (Appeal: Case before the Court of Justice C-293/22 P) |
Case T-806/19 Govern d'Andorra v EUIPO (Andorra)
EU trade mark – Application for EU figurative mark Andorra – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 23 February 2022 ECLI:EU:T:2022:87 (Appeal: Case before the Court of Justice C-300/22 P) |
Case T-671/20 OA v EESC
Civil service – Officials – Psychological harassment – Disciplinary procedure – Disciplinary penalty – Written warning – Rights of the defence – Error of assessment – Liability
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Judgment of the General Court (Fourth Chamber) of 23 February 2022 ECLI:EU:T:2022:82 |
Case T-709/20 OJ v Commission
Civil Service – Officials – Recruitment – Competition EPSO/AD/380/19 – Decision to refuse to extend the test dates for a competition – Time limits set for passing a selection test in a test centre – Right to a fair procedure – Duty to have regard for the welfare of officials – Equal treatment
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Judgment of the General Court (First Chamber) of 23 February 2022 ECLI:EU:T:2022:81 |
Case T-184/21 Lackmann Fleisch- und Feinkostfabrik v EUIPO – Schuju (Хозяин)
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Judgment of the General Court (Ninth Chamber) of 23 February 2022 ECLI:EU:T:2022:88 |
Case T-185/21 Lackmann Fleisch- und Feinkostfabrik v EUIPO – Schuju (Хозяйка)
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Judgment of the General Court (Ninth Chamber) of 23 February 2022 ECLI:EU:T:2022:89 |
Case T-209/21 Ignacio Carrasco v EUIPO – Santos Carrasco Manzano (La Hoja del Carrasco)
EU trade mark – Invalidity proceedings – EU figurative mark La Hoja del Carrasco – Earlier national figurative mark CARRASCO, Guijuelo – 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) – Dominant and distinctive elements of the marks at issue
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Judgment of the General Court (Tenth Chamber) of 23 February 2022 ECLI:EU:T:2022:90 (Appeal: Case before the Court of Justice C-247/22 P) |
Case T-603/21 R WO v EPPO
Application for interim measures – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Lithuania – Application for suspension of operation of a measure – Failure to comply with procedural requirements – Inadmissibility
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Order of the President of the General Court of 23 February 2022 ECLI:EU:T:2022:92 |
Case T-764/21 R Atesos medical and Others v Commission
Interim relief – Medical devices – Directive 93/42/EEC – Regulation (EU) 2017/745 – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 23 February 2022 ECLI:EU:T:2022:91 |
Case T-442/21 Thomas and Julien v Council
Action for annulment – Area of freedom, security and justice – Trade and Cooperation Agreement between the European Union and Euratom, of the one part, and the United Kingdom, of the other part – Council decision on the conclusion of the Trade and Cooperation Agreement – Act not of individual concern – Non-regulatory act – Inadmissibility
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Order of the General Court (Tenth Chamber) of 24 February 2022 ECLI:EU:T:2022:93 (Appeal: Case before the Court of Justice C-285/22 P) |
March 2022
Case T-688/19 VeriGraft v Eismea
Arbitration clause – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Termination of the agreement – Misconduct – Capacity as beneficiary of the grant or as a natural person acting in his or her name or on his or her behalf
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 2 March 2022
ECLI:EU:T:2022:112 |
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Case T-727/20 Kirimova v EUIPO
Action for annulment – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility
Language of the case: English
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Order of the General Court (Fourth Chamber, Extended Composition) of 9 March 2022
ECLI:EU:T:2022:136 (Appeal: Case before the Court of Justice C-306/22 P) |
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Case T-136/19 Bulgarian Energy Holding and Others v Commission
Measure of inquiry – Article 103(3) of the Rules of Procedure – Production of non-confidential versions of documents
Language of the case: English
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Order of the General Court (Fourth Chamber, Extended Composition) of 14 March 2022
ECLI:EU:T:2022:149 |
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Case T-684/19 and T-704/19 MEKH and FGSZ v ACER
Energy – Regulation (EU) 2017/459 – Network code adopted by the Commission including an ‘incremental capacity process’ – ACER decision approving the implementation of an incremental capacity project – Plea of illegality – Lack of competence of the Commission – Article 6(11), Article 7(3) and Article 8(6) of Regulation (EC) No 715/2009
Language of the case: Hungarian
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Judgment of the General Court (Second Chamber, Extended Composition) of 16 March 2022
ECLI:EU:T:2022:138 |
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Case T-249/20 Sabra v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Criterion of a leading businessperson operating in Syria – Presumption of a link with the Syrian regime – Rebuttal of the presumption
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 16 March 2022
ECLI:EU:T:2022:140 |
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Case T-281/21 Nowhere v EUIPO – Ye (APE TEES)
EU trade mark – Opposition proceedings – Application for the EU figurative mark APE TEES – Earlier national non-registered figurative trade marks representing an ape – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rules governing common-law actions for passing-off – Agreement on the withdrawal of the United Kingdom from the European Union and Euratom
Language of the case: English
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Judgment of the General Court (Third Chamber) of 16 March 2022
ECLI:EU:T:2022:139 (Appeal: Case before the Court of Justice C-337/22 P) |
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Case T-661/20 NV v eu-LISA
Civil service – Members of the temporary staff – Staff of eu-LISA – Disciplinary proceedings – Disciplinary penalty – Reprimand – Implementing provisions concerning administrative inquiries – Plea of illegality – Article 110 of the Staff Regulations – Failure to consult the Staff Committee – Rights of the defence and right to be heard – Articles 12, 12a, 17 and 19 of the Staff Regulations – Error of assessment – Principle of good administration – Article 10 of Annex IX to the Staff Regulations – Duty to have regard for the welfare of officials – Liability – Non-material damage
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 23 March 2022 (Extracts)
ECLI:EU:T:2022:154 |
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Case T-757/20 OT v Parliament
Civil service – Officials – Disciplinary penalty – Reprimand – Article 21a of the Staff Regulations – Error of assessment
Language of the case: French
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 23 March 2022
ECLI:EU:T:2022:156 |
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Case T-324/17 SAS Cargo Group and Others v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Equality of arms – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Substantially limited involvement – Aggravating circumstances – Repeated infringement – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022
ECLI:EU:T:2022:175 (Appeal: Case before the Court of Justice C-403/22 P) |
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Case T-337/17 Air France-KLM v Commission
Language of the case: French
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts)
ECLI:EU:T:2022:179 (Appeal: Case before the Court of Justice C-370/22 P) |
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Case T-340/17 Japan Airlines v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Article 266 TFEU – Limitation period – Rights of the defence – Non-discrimination – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Substantially limited involvement – Proportionality – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022
ECLI:EU:T:2022:181 (Appeal: Case before the Court of Justice C-381/22 P) |
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Case T-341/17 British Airways v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Duration of participation in the infringement – Mitigating circumstances – Encouragement of anticompetitive conduct by public authorities – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts)
ECLI:EU:T:2022:182 (Appeal: Case before the Court of Justice C-378/22 P) |
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Case T-350/17 Singapore Airlines and Singapore Airlines Cargo v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Ne bis in idem principle – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 (Extracts)
ECLI:EU:T:2022:186 (Appeal: Case before the Court of Justice C-379/22 P) |
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Information (on unpublished decisions)
Case T-632/21 Agreiter and Others v Commission
Action for annulment – Medicinal products for human use – Amendment of the conditional marketing authorisation for Spikevax, a medicinal product for human use – COVID-19 mRNA Vaccine (nucleoside modified) – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 1 March 2022 ECLI:EU:T:2022:135 |
Case T-134/20 Huhtamaki v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to a State aid investigation – Advance tax agreements – Refusal of access – Exception relating to the protection of the commercial interests of a third party – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Not irrebuttable – Obligation to state reasons
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Judgment of the General Court (First Chamber) of 2 March 2022 ECLI:EU:T:2022:100 |
Case T-333/20 Fidia farmaceutici v EUIPO – Giuliani (IALO TSP)
EU trade mark – Opposition proceedings – Application for the EU word mark IALO TSP – Earlier international word mark HYALO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Identification of a member of the Board of Appeal – Article 165(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 2 March 2022 ECLI:EU:T:2022:113 |
Case T-556/20 D & A Pharma v Commission and EMA
Medicinal products for human use – Application for conditional marketing authorisation for the medicinal product Hopveus – sodium oxybate – Decision of refusal by the Commission – Regulation (EC) No 726/2004 – Procedure – Committee for Medicinal Products for Human Use – Request for consultation of a specific scientific advisory group – Impartiality of members of an ad hoc committee of experts – Manifest errors of assessment – Equal treatment
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Judgment of the General Court (Eighth Chamber) of 2 March 2022 ECLI:EU:T:2022:111 (Appeal: Case before the Court of Justice C-291/22 P) |
Case T-579/20 Genekam Biotechnology v Commission
Grant agreement concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Fibrogelnet project – Recovery of an amount receivable – Risk avoidance mechanism – Amount receivable effectively recovered from the Guarantee Fund – Decision establishing a pecuniary obligation and forming an enforceable decision – Article 299 TFEU – Competence of the author of the act – Termination of the applicant’s participation in the project – Eligible costs – Reports and deliverables
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Judgment of the General Court (Tenth Chamber) of 2 March 2022 ECLI:EU:T:2022:114 |
Case T-615/20 Mood Media Netherlands v EUIPO – Tailoradio (MOOD MEDIA)
EU trade mark – Revocation proceedings – EU word mark MOOD MEDIA – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Article 15(1)(a) of Regulation No 207/2009 (now Article 18(1)(a) of Regulation 2017/1001) – Proof of genuine use
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Judgment of the General Court (Sixth Chamber) of 2 March 2022 ECLI:EU:T:2022:109 |
Case T-669/20 Pluscard Service v EUIPO (PLUSCARD)
EU trade mark – International registration designating the European Union – Figurative mark PLUSCARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 2 March 2022 ECLI:EU:T:2022:106 |
Case T-715/20 Degode v EUIPO – Leo Pharma (Skinovea)
EU trade mark – Opposition proceedings – Application for the EU word mark Skinovea – Earlier national word mark SKINOREN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 2 March 2022 ECLI:EU:T:2022:101 |
Case T-1/21 Fabryki Mebli 'Forte' v EUIPO – Bog-Fran (Meuble)
Community design – Invalidity proceedings – Registered Community design representing an item of furniture – Ground for invalidity – No individual character – Article 6(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article 7(1) of Regulation No 6/2002 – Decision adopted following the annulment by the General Court of an earlier decision – Res judicata
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Judgment of the General Court (Fifth Chamber) of 2 March 2022 ECLI:EU:T:2022:108 |
Case T-86/21 Distintiva Solutions v EUIPO – Makeblock (Makeblock)
EU trade mark – Invalidity proceedings – EU figurative mark Makeblock – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No descriptive character – Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) – Mark not of such a nature as to mislead the public – Article 7(1)(g) of Regulation No 207/2009 (now Article 7(1)(g) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 2 March 2022 ECLI:EU:T:2022:107 |
Case T-125/21 Banco de Investimento Global v EUIPO – Banco BIC Português (EUROBIC)
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Judgment of the General Court (Second Chamber) of 2 March 2022 ECLI:EU:T:2022:102 |
Case T-140/21 Apologistics v EUIPO – Kerckhoff (apo-discounter.de)
EU trade mark – Revocation proceedings – EU figurative mark apo-discounter.de – Partial revocation – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use
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Judgment of the General Court (Sixth Chamber) of 2 March 2022 ECLI:EU:T:2022:110 |
Case T-149/21 UGA Nutraceuticals v EUIPO – Vitae Health Innovation (VITADHA)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark VITADHA – Earlier Spanish word mark VITANADH – 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)
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Judgment of the General Court (Second Chamber) of 2 March 2022 ECLI:EU:T:2022:103 |
Case T-171/21 Ubisoft Entertainment v EUIPO – Huawei Technologies (FOR HONOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark FOR HONOR – Earlier EU word mark HONOR – 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)
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Judgment of the General Court (Second Chamber) of 2 March 2022 ECLI:EU:T:2022:104 |
Case T-192/21 Laboratorios Ern v EUIPO – Beta Sports (META)
EU trade mark – Opposition proceedings – Application for the EU word mark META – Earlier national word mark METALGIAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 2 March 2022 ECLI:EU:T:2022:105 |
Case T-46/22 R Esedra v Parliament
Interim measures – Public service contracts – Early childhood care services – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 3 March 2022 ECLI:EU:T:2022:115 |
Case T-338/20 KI v eu-LISA
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Order of the General Court (Eighth Chamber) of 4 March 2022 ECLI:EU:T:2022:130 |
Case T-382/21 the airscreen company v EUIPO – Moviescreens Rental (airscreen)
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Order of the General Court (Second Chamber) of 7 March 2022 ECLI:EU:T:2022:128 (Appeal: Case before the Court of Justice C-320/22 P) |
Case T-431/21 UNIS v Commission
Application for annulment – Social security – Bodies entrusted with the management of statutory health insurance and old-age insurance schemes – Caisse nationale d’assurance vieillesse – Economic activity – Act not open to challenge – Inadmissibility
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Order of the General Court (Tenth Chamber) of 8 March 2022 ECLI:EU:T:2022:126 (Appeal: Case before the Court of Justice C-324/22 P) |
Case T-10/20 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Financial corrections – Article 52(2) of Regulation (EU) No 1306/2013 – Article 12(2) and (6) of Delegated Regulation (EU) No 907/2014 – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Producer organisation and operational programmes – Articles 26, 27, 31, 104 and 106 of Implementing Regulation (EU) No 543/2011 – Article 155 of Regulation (EU) No 1308/2013 – Delegated Regulation (EU) No 499/2014 – Public procurement procedure – Article 24(2)(c) and Article 26(1)(d) of Regulation (EU) No 65/2011 – Article 48(2) and Article 51(1) of Implementing Regulation (EU) No 809/2014 – Risk of financial loss
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Judgment of the General Court (Fourth Chamber) of 9 March 2022 ECLI:EU:T:2022:119 |
Case T-456/20 LA v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criteria to assess professional experience – Compliance of criteria applied by the Selection Board with the competition notice
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Judgment of the General Court (Fourth Chamber) of 9 March 2022 ECLI:EU:T:2022:120 |
Case T-474/20 LD v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
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Judgment of the General Court (Fourth Chamber) of 9 March 2022 ECLI:EU:T:2022:121 |
Case T-511/20 Zardini v Commission
Civil service – Officials – Recruitment – Notice of Open Competition EPSO/AD/371/19 – Decision of the Selection Board to exclude the applicant from the next phase of the competition – Criterion to assess professional experience – Compliance of criterion applied by the Selection Board with the competition notice
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Judgment of the General Court (Fourth Chamber) of 9 March 2022 ECLI:EU:T:2022:122 |
Case T-766/20 PrenzMarien v EUIPO – Molson Coors Brewing Company (UK) (STONES)
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Judgment of the General Court (Sixth Chamber) of 9 March 2022 ECLI:EU:T:2022:123 |
Case T-132/21 Telefónica Germany v EUIPO (LOOP)
EU trade mark – Application for the EU word mark LOOP – Partial rejection of the application for registration – Absolute grounds of refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Objective characteristics inherent in the nature of the products and services – Sufficiently direct and specific relationship – Obligation to state reasons – Article 94 of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 9 March 2022 ECLI:EU:T:2022:124 |
Case T-196/21 Lea Nature Services v EUIPO – Debonair Trading Internacional (SO...?)
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Judgment of the General Court (Third Chamber) of 9 March 2022 ECLI:EU:T:2022:117 |
Case T-197/21 Lea Nature Services v EUIPO – Debonair Trading Internacional (SO...?)
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Judgment of the General Court (Third Chamber) of 9 March 2022 ECLI:EU:T:2022:118 |
Case T-204/21 Stryker v EUIPO (RUGGED)
EU trade mark – International registration designating the European Union – Word mark RUGGED – Absolute ground for refusal – No distinctive character acquired through use – Article 7(3) of Regulation (EC) No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001) – Competence of the Board of Appeal – Article 71 of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 9 March 2022 ECLI:EU:T:2022:116 |
Case T-113/20 BSEF v Commission
Energy – Directive 2009/125/EC – Ecodesign requirements for electronic displays – Regulation (EU) 2019/2021 – Ban on halogenated flame retardants in the enclosure and stand of electronic displays – Competence of the author of the act – Manifest error of assessment – Legal certainty – Proportionality – Equal treatment
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Judgment of the General Court (Eighth Chamber) of 16 March 2022 ECLI:EU:T:2022:142 |
Case T-468/20 Kühne v Parliament
Civil service – Officials – Policy of Parliament staff mobility – Reassignment in the interest of the service
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Judgment of the General Court (First Chamber) of 16 March 2022 ECLI:EU:T:2022:137 |
Case T-314/21 TA v Parliament
Civil service – Officials – Reports procedure – Staff report 2019 – Fixing of objectives – Internal rules on staff reports – Manifest error of assessment
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Judgment of the General Court (Eighth Chamber) of 16 March 2022 ECLI:EU:T:2022:143 |
Case T-315/21 Laboratorios Ern v EUIPO – Nordesta (APIAL)
EU trade mark – Opposition proceedings – Application for EU word mark APIAL – Earlier EU word mark APIRETAL – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – No damage to reputation – Article 8(5) of Regulation 2017/1001 – Evidence submitted for the first time before the General Court
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Judgment of the General Court (Sixth Chamber) of 16 March 2022 ECLI:EU:T:2022:141 (Appeal: Case before the Court of Justice C-342/22 P) |
Case T-232/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Correspondence of the Commission concerning the quantities and delivery times of AstraZeneca’s COVID-19 vaccines – Implied refusal of access – Express decision adopted after the action was brought – No need to adjudicate – Requests to amend the form of order sought – Lis pendens – Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 18 March 2022 ECLI:EU:T:2022:165 |
Case T-129/19 RENV Necci v Commission
Civil service – Contract staff – Social security – JSIS – Rejection of the application for membership following a transfer of pension rights – Condition relating to a period of employment of more than three years – Article 95 of the CEOS – Article 34(1) of the Charter of Fundamental Rights – Article 45 TFEU
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Judgment of the General Court (Seventh Chamber) of 23 March 2022 ECLI:EU:T:2022:158 |
Case T-730/20 ON v Commission
Civil service – Members of the contract staff – Remuneration – Expatriation allowance – Article 4(1)(a) of Annex VII to the Staff Regulations – Retroactive refusal – Recovery of undue payments – Article 85 of the Staff Regulations – Action for annulment and for damages
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Judgment of the General Court (Fourth Chamber) of 23 March 2022 ECLI:EU:T:2022:155 |
Case T-113/21 Team Beverage v EUIPO (Beverage Analytics)
EU trade mark – Application for EU word mark Beverage Analytics – Absolute ground for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 23 March 2022 ECLI:EU:T:2022:152 |
Case T-146/21 Vetpharma Animal Health v EUIPO – Deltavit (DELTATIC)
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Judgment of the General Court (Ninth Chamber) of 23 March 2022 ECLI:EU:T:2022:159 |
Case T-252/21 Hrebenyuk v EUIPO (Shape of a stand-up collar)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a stand-up collar – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 23 March 2022 ECLI:EU:T:2022:157 (Appeal: Case before the Court of Justice C-338/22 P) |
Case T-465/21 Ionfarma v EUIPO – LG Electronics (AION)
EU trade mark – Opposition proceedings – Application for the EU word mark AION – Earlier national figurative mark ION and earlier word mark IONFARMA – Relative ground for refusal – No similarity of the goods – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 23 March 2022 ECLI:EU:T:2022:153 |
Case T-368/21 Di Taranto v EPPO
Action for annulment – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Derived unlawfulness – Candidates nominated by the Italian Republic – Nomination disputed before the national court – Inadmissibility
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Order of the General Court (First Chamber) of 24 March 2022 ECLI:EU:T:2022:162 |
Case T-151/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech SE COVID-19 vaccines – Initial refusal – Act not open to challenge – Application to modify the form of order sought – Assessing the admissibility of an action at the time it was brought – Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 25 March 2022 ECLI:EU:T:2022:208 |
Case T-691/21 Alcogroup and Alcodis v Commission
Action for annulment – Competition – Settlement procedure – Letter from the European Commission inviting an undertaking to express its interest in engaging in a settlement procedure – Act not open to challenge – Preparatory act – Intermediary act – Inadmissibility
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Order of the General Court (Seventh Chamber) of 25 March 2022 ECLI:EU:T:2022:206 |
Case T-323/17 Martinair Holland v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Equal treatment – Obligation to state reasons
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:174 (Appeal: Case before the Court of Justice C-386/22 P) |
Case T-325/17 Koninklijke Luchtvaart Maatschappij v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Extenuating circumstances – Anticompetitive conduct encouraged by the national authorities – Proportionality – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:176 (Appeal: Case before the Court of Justice C-385/22 P) |
Case T-326/17 Air Canada v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Withdrawal of the leniency application – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:177 (Appeal: Case before the Court of Justice C-367/22 P) |
Case T-334/17 Cargolux Airlines v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Follow‑my‑leader role – Proportionality – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:178 (Appeal: Case before the Court of Justice C-401/22 P) |
Case T-338/17 Air France v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Single and continuous infringement – Conditions for granting immunity – Equal treatment – Obligation to state reasons – Amount of the fine – Value of sales – Gravity of the infringement – Duration of the participation in the infringement – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Proportionality – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:180 (Appeal: Case before the Court of Justice C-369/22 P) |
Case T-342/17 Deutsche Lufthansa and Others v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of air freight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Obligation to state reasons – Effect on trade between Member States – State coercion – Single and continuous infringement
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:183 (Appeal: Case before the Court of Justice C-380/22 P) |
Case T-343/17 Cathay Pacific Airways v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:184 (Appeal: Case before the Court of Justice C-382/22 P) |
Case T-344/17 Latam Airlines Group and Lan Cargo v Commission
Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022 ECLI:EU:T:2022:185 (Appeal: Case before the Court of Justice C-375/22 P) |
Case T-291/20 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 30 March 2022 ECLI:EU:T:2022:187 |
Case T-292/20 Yanukovych v Council
Common foreign and security policy – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (Fifth Chamber) of 30 March 2022 ECLI:EU:T:2022:188 |
Case T-299/20 KF v EIB
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Judgment of the General Court (First Chamber) of 30 March 2022 ECLI:EU:T:2022:171 |
Case T-720/20 Perry Street Software v EUIPO – Toolstream (SCRUFFS)
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Judgment of the General Court (Fifth Chamber) of 30 March 2022 ECLI:EU:T:2022:189 |
Case T-30/21 L'Oréal v EUIPO – Debonair Trading Internacional (SO COUTURE)
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Judgment of the General Court (Fifth Chamber) of 30 March 2022 ECLI:EU:T:2022:190 |
Case T-35/21 SFD v EUIPO – Allmax Nutrition (ALLNUTRITION DESIGNED FOR MOTIVATION)
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Judgment of the General Court (Third Chamber) of 30 March 2022 ECLI:EU:T:2022:173 (Appeal: Case before the Court of Justice C-383/22 P) |
Case T-36/21 PO v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/338/17 – Non-inclusion on the reserve list – Article 21 of the Charter of Fundamental Rights – Article 1d(1) and (4) of the Staff Regulations – Reasonable accommodation – Principle of non-discrimination on the ground of disability – Directive 2000/78/EC – Obligation to state reasons – Duty to have regard for the welfare of officials – Responsibility – Material and non-material damage
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Judgment of the General Court (Eighth Chamber) of 30 March 2022 ECLI:EU:T:2022:192 |
Case T-206/21 Kalita and Haas v EUIPO – Kitzbühel Tourismus (Representation of two animals)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing two animals – Earlier EU figurative mark representing an animal – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 30 March 2022 ECLI:EU:T:2022:191 |
Case T-277/21 Daimler v EUIPO (Representation of three-pronged elements on a black background I)
EU trade mark – Application for EU pattern mark – Representation of three-pointed stars on a black background I – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 30 March 2022 ECLI:EU:T:2022:194 |
Case T-278/21 Daimler v EUIPO (Representation of three-pronged elements on a black background II)
EU trade mark – Application for EU pattern mark – Representation of three-pointed stars on a black background II – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 30 March 2022 ECLI:EU:T:2022:195 |
Case T-279/21 Daimler v EUIPO (Representation of three-pronged elements on a black background IV)
EU trade mark – Application for EU figurative mark – Representation of three-pointed stars on a black background IV – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 30 March 2022 ECLI:EU:T:2022:196 |
Case T-280/21 Daimler v EUIPO (Representation of three-pronged elements on a black background III)
EU trade mark – Application for EU figurative mark – Representation of three-pointed stars on a black background III – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 30 March 2022 ECLI:EU:T:2022:197 |
Case T-445/21 Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPALLI)
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Judgment of the General Court (Tenth Chamber) of 30 March 2022 ECLI:EU:T:2022:198 |
Case T-451/21 Hesse v EUIPO – Wedl & Hofmann (Testa Rossa)
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Judgment of the General Court (Second Chamber) of 30 March 2022 ECLI:EU:T:2022:172 |
Case T-125/22 R RT France v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine – Suspension of the broadcasting activities of certain media – Application for suspension of operation of a measure – No urgency – Weighing of competing interests
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Order of the President of the General Court of 30 March 2022 ECLI:EU:T:2022:199 |
Case T-22/22 R AL v Council
Interim relief – Civil service – Officials – Disciplinary proceedings – Removal from post – Application for interim measures – Urgency – Prima facie case – Weighing of interests
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Order of the President of the General Court of 31 March 2022 ECLI:EU:T:2022:200 |
April 2022
Case T-508/19 Mead Johnson Nutrition (Asia Pacific) and Others v Commission
State aid – Aid scheme implemented by the Government of Gibraltar concerning corporation tax – Tax exemption for interest income and royalties – Advance tax rulings benefiting multinationals – Commission decision declaring the aid incompatible with the internal market – Obligation to state reasons – Manifest error of assessment – Selective advantage – Right to submit comments
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 6 April 2022
ECLI:EU:T:2022:217 |
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Case T-4/20 Sieć Badawcza Łukasiewicz – Port Polski Ośrodek Rozwoju Technologii v Commission
Arbitration clause – Grant agreement concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Eligible costs – Request for reimbursement – Financial audit – OLAF investigation – Conflict of interest on account of family or emotional ties – Principle of good faith – Principle of non-discrimination on grounds of marital status – Legitimate expectations – Action for annulment – Debit notes – Acts inseparable from the contract – Act not open to challenge – Right to effective judicial review – Inadmissibility
Language of the case: English
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Judgment of the General Court (First Chamber) of 27 April 2022
ECLI:EU:T:2022:242 |
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Case T-327/20 Group Nivelles v EUIPO – Easy Sanitary Solutions (Shower drainage channel)
Language of the case: Dutch
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Judgment of the General Court (Ninth Chamber) of 27 April 2022
ECLI:EU:T:2022:263 (Appeal: Case before the Court of Justice C-419/22 P) |
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Case T-108/21 Ilunga Luyoyo v Council
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 27 April 2022
ECLI:EU:T:2022:253 |
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Case T-436/21 Veen v Europol
Non-contractual liability – Cooperation of the police authorities and other law enforcement agencies of the Member States – Fight against crime – Communication of information by Europol to a Member State – Alleged unauthorised data processing – Regulation (EU) 2016/794 – Article 50(1) – Non-material harm
Language of the case: Slovak
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Judgment of the General Court (Eighth Chamber) of 27 April 2022
ECLI:EU:T:2022:261 (Appeal: Case before the Court of Justice C-444/22 P) |
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Joined Cases T-710/21 and T-722/21 Roos and Others v Parliament
Public health – Requirement to present a valid EU digital COVID-19 certificate in order to enter Parliament buildings – Legal basis – Freedom and independence of Members of the European Parliament – Obligation to ensure the health of staff in the service of the European Union – Parliamentary immunity – Processing of personal data – Right to respect for private life – Right to physical integrity – Right to safety – Equal treatment – Proportionality
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 27 April 2022
ECLI:EU:T:2022:262 (Appeal: Case before the Court of Justice C-458/22 P) |
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Information (on unpublished decisions)
Cases T-335/18, T-338/18 and T-327/19 Mubarak and Others v Council
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Judgment of the General Court (Ninth Chamber) of 6 April 2022 ECLI:EU:T:2022:226 |
Case T-634/19 FC v EUAA
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Judgment of the General Court (Seventh Chamber) of 6 April 2022 ECLI:EU:T:2022:222 |
Case T-425/20 KU v EEAS
Civil service – Members of the contract staff – EEAS staff – Psychological harassment – Administrative investigation – Article 12a of the Staff Regulations – Request for assistance – Rejection of the request – Article 24 of the Staff Regulations – Obligation to state reasons – Error of assessment – Reasonable time – Liability
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Judgment of the General Court (Eighth Chamber) of 6 April 2022 ECLI:EU:T:2022:224 |
Case T-516/20 Mandelay v EUIPO – Qx World (QUEST 9)
EU trade mark – Opposition proceedings – Application for the EU word mark QUEST 9 – Earlier EU word mark QUEX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 94(1) of Regulation 2017/1001 – Articles 95 and 97 of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 6 April 2022 ECLI:EU:T:2022:227 (Appeal: Case before the Court of Justice C-405/22 P) |
Case T-568/20 MF v eu-LISA
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Judgment of the General Court (Seventh Chamber) of 6 April 2022 ECLI:EU:T:2022:223 |
Case T-735/20 Planistat Europe and Charlot v Commission
Non-contractual liability – ‘Eurostat’ case – External investigation by OLAF – Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings before the conclusion of the investigation – Filing of a complaint by the Commission before the conclusion of the investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – No sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Sixth Chamber) of 6 April 2022 ECLI:EU:T:2022:220 (Appeal: Case before the Court of Justice C-363/22 P) |
Case T-57/21 Hungary v Commission
EAGF and EAFRD – Expenditure excluded from financing – Obligation to increase on-the-spot checks – Article 35 of Commission Implementing Regulation (EU) No 809/2014 – Legal value of the working documents of the Commission – Calculation of the increase in the rate of on-the-spot checks
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Judgment of the General Court (Fourth Chamber) of 6 April 2022 ECLI:EU:T:2022:218 |
Case T-118/21 Cilem Records International v EUIPO – KVZ Music (HALIX RECORDS)
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Judgment of the General Court (Second Chamber) of 6 April 2022 ECLI:EU:T:2022:214 |
Case T-154/21 Saure v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Confirmatory application made prematurely – Article 7 of Regulation No 1049/2001 – No challengeable act – Express refusal to grant access – Modification of the application – Manifest inadmissibility
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Order of the General Court (Eighth Chamber) of 6 April 2022 ECLI:EU:T:2022:231 |
Case T-208/21 Dorit-DFT v EUIPO – Erwin Suter (DORIT)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark DORIT – Earlier national company names – Relative ground for refusal – No use in trade of a sign of more than mere local significance – Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 6 April 2022 ECLI:EU:T:2022:228 |
Case T-219/21 Agora Invest v EUIPO – Transportes Maquinaria y Obras (TRAMOSA)
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Judgment of the General Court (Fifth Chamber) of 6 April 2022 ECLI:EU:T:2022:219 |
Case T-276/21 Moio v EUIPO – Paul Hartmann (moio.care)
EU trade mark – Opposition proceedings – Application for EU figurative mark moio.care – Earlier EU word mark Molicare – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 6 April 2022 ECLI:EU:T:2022:221 |
Case T-370/21 Biogena v EUIPO – Alter Farmacia (NUTRIFEM AGNUBALANCE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark NUTRIFEM AGNUBALANCE – Earlier EU word mark NUTRIBEN – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 6 April 2022 ECLI:EU:T:2022:215 |
Case T-506/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Contracts concluded by the Commission on behalf of the Member States for the delivery of COVID-19 vaccines – Invitation emails to meetings of the Steering Committee – Partial refusal to grant access – Exception relating to the protection of privacy and the integrity of the individual – The transmission of personal data is not necessary for a specific purpose in the public interest – Article 9(1)(b) of Regulation (EU) 2018/1725
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Judgment of the General Court (Eighth Chamber) of 6 April 2022 ECLI:EU:T:2022:225 |
Case T-680/21 Funline International v EUIPO (AMSTERDAM POPPERS)
EU trade mark – Application for EU word mark AMSTERDAM POPPERS – Absolute grounds for refusal – Trade mark contrary to public policy – Article 7(1)(f) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – Distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 6 April 2022 ECLI:EU:T:2022:216 |
Case T-679/20 Dr. August Wolff v EUIPO – Combe International (Vagisan)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark Vagisan – Cross-claim – Subject matter of the action – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Sixth Chamber) of 7 April 2022 ECLI:EU:T:2022:232 |
Case T-282/21 SS and ST v Frontex
Actions for failure to act – Right to asylum – Invitation to act – Position taken by Frontex – Inadmissibility
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Order of the General Court (Ninth Chamber) of 7 April 2022 ECLI:EU:T:2022:235 |
Case T-645/21 Bloom v Parliament and Council
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Order of the General Court (Third Chamber) of 7 April 2022 ECLI:EU:T:2022:230 |
Case T-695/21 Alauzun and Others v Commission
Action for annulment and for failure to act – Public health – Medicinal products for human use – Conditional marketing authorisation for mRNA-technology vaccines – Lack of carcinogenicity and genotoxicity studies – Time limit for bringing proceedings – Delay – No invitation to act – Position taken – No interest in bringing proceedings – Lack of direct concern – Lack of individual concern – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction
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Order of the General Court (Eighth Chamber) of 13 April 2022 ECLI:EU:T:2022:233 |
Case T-242/19 Giant Electric Vehicle Kunshan v Commission
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Judgment of the General Court (Eighth Chamber) of 27 April 2022 ECLI:EU:T:2022:259 |
Case T-243/19 Giant Electric Vehicle Kunshan v Commission
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Judgment of the General Court (Eighth Chamber) of 27 April 2022 ECLI:EU:T:2022:260 |
Case T-392/20 Flašker v Commission
State aid – Measures granted by Slovenia to a municipal network of dispensing pharmacies – Preliminary examination phase – Decision of the Commission finding no State aid and, possibly, that there is existing aid – Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU – Serious difficulties
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Judgment of the General Court (Fourth Chamber) of 27 April 2022 ECLI:EU:T:2022:245 (Appeal: Case before the Court of Justice C-447/22 P) |
Case T-750/20 Correia v EESC
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Judgment of the General Court (Fourth Chamber) of 27 April 2022 ECLI:EU:T:2022:246 (Appeal: Case before the Court of Justice C-423/22 P) |
Case T-68/21 QA v Commission
Non-contractual liability – Grant agreement concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007 to 2013) – Audit report – Language – Sufficiently serious breach of a rule of law conferring rights on individuals – Proportionality – Principle of good administration
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Judgment of the General Court (First Chamber) of 27 April 2022 ECLI:EU:T:2022:243 |
Case T-103/21 Boshab v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territory of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:248 |
Case T-104/21 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:249 |
Case T-105/21 Kanyama v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:250 |
Case T-106/21 Kazembe Musonda v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:251 |
Case T-107/21 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:252 |
Case T-109/21 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:254 |
Case T-110/21 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:255 |
Case T-112/21 Numbi v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:256 |
Case T-119/21 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:257 |
Case T-120/21 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Seventh Chamber) of 27 April 2022 ECLI:EU:T:2022:258 |
Case T-181/21 LG Electronics v EUIPO – Anferlux-Electrodomésticos (SmartThinQ)
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Judgment of the General Court (Sixth Chamber) of 27 April 2022 ECLI:EU:T:2022:247 |
Case T-210/21 Vintae Luxury Wine Specialists v EUIPO – R. Lopez de Heredia Viña Tondonia (LOPEZ DE HARO)
EU trade mark – Opposition proceedings – Application for EU figurative mark LOPEZ DE HARO – Earlier EU word mark LOPEZ DE HEREDIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 27 April 2022 ECLI:EU:T:2022:244 |
Case T-527/21 Abenante and Others v Parliament and Council
Action for annulment – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – No legal interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 29 April 2022 ECLI:EU:T:2022:278 |
May 2022
Case T-328/21 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium extrusions originating in China – Act imposing a definitive anti-dumping duty – Importer – Regulatory act entailing implementing measures – Act not of individual concern – Inadmissibility
Language of the case: English
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Order of the General Court (Fourth Chamber) of 2 May 2022
ECLI:EU:T:2022:277 (Appeal: Case before the Court of Justice C-467/22 P) |
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Case T-423/14 RENV Larko v Commission
State aid – Aid implemented by Greece – Decision declaring the aid incompatible with the internal market – Concept of State aid – Advantage – Private operator principle – Guarantee premium – Firm in difficulty – Knowledge of the Greek authorities – Commission Notice on State aid in the form of guarantees – Manifest error of assessment
Language of the case: Greek
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Judgment of the General Court (Third Chamber) of 4 May 2022
ECLI:EU:T:2022:268 (Appeal: Case before the Court of Justice C-445/22 P) |
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Case T-30/19 and T-72/19 CRIA and CCCMC v Commission
Dumping – Subsidies – Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China – Definitive anti-dumping duty – Definitive countervailing duty – Action for annulment – Locus standi – Direct concern – Individual concern – Regulatory act which does not entail implementing measures – Interest in bringing proceedings – Injury to the Union industry – Objective examination – Causal link – Calculation of the price undercutting and the injury margin – Fair comparison of prices – Constructed import prices – Prices charged to first independent buyers – Difference in the level of trade – Complex economic assessments – Intensity of judicial review – Injury indicators – Weighting of the data – Access to non-confidential investigation data – Rights of the defence
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 May 2022 (Extracts)
ECLI:EU:T:2022:266 |
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Case T-718/20 Wizz Air Hungary v Commission (TAROM; Rescue aid)
State aid – Air transport – Support measure taken by Romania – Rescue aid to TAROM – Decision not to raise any objections – Action for annulment – Status as a party concerned – Safeguarding of procedural rights – Admissibility – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Measure aiming to prevent social hardship or to address market failure – ‘One time, last time’ principle – Effect of earlier aid granted before Romania’s accession to the European Union – Serious difficulties – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 May 2022
ECLI:EU:T:2022:276 (Appeal: Case before the Court of Justice C-440/22 P) |
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Case T-913/16 Fininvest and Berlusconi v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks conferred on the ECB – Assessment of acquisitions of qualifying holdings – Opposition to the acquisition of a qualifying holding – Non-retroactivity – Res judicata – Application of national transposing provisions – Rights of the defence – Right of access to the file – Right to be heard – New plea in law – Primacy of EU law – Right to effective judicial protection
Language of the case: Italian
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Judgment of the General Court (Second Chamber, Extended Composition) of 11 May 2022
ECLI:EU:T:2022:279 (Appeal: Case before the Court of Justice C-513/22 P) (Appeal: Case before the Court of Justice C-512/22 P) |
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Case T-151/20 Czech Republic v Commission
Own resources of the European Union – Financial liability of a Member State – Import duties – Payment to the Commission of amounts corresponding to non-recovered own resources – Action based on unjust enrichment of the European Union – Obligations of a Member State with regard to own resources – Obligation to lodge a security – Exemption from making available amounts corresponding to established entitlements declared irrecoverable
Language of the case: Czech
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Judgment of the General Court (Sixth Chamber) of 11 May 2022
ECLI:EU:T:2022:281 (Appeal: Case before the Court of Justice C-494/22 P) |
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Case T-245/19 Uzina Metalurgica Moldoveneasca v Commission
Safeguard measures – Market for steel products – Implementing Regulation (EU) 2019/159 – Action for annulment – Interest in bringing proceedings – Standing to bring proceedings – Admissibility – Equal treatment – Legitimate expectations – Principle of sound administration – Duty of care – Threat of serious injury – Manifest error of assessment – Initiation of a safeguard investigation – Competence of the Commission – Rights of the defence
Language of the case: English
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Judgment of the General Court (First Chamber) of 18 May 2022
ECLI:EU:T:2022:295 |
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Case T-609/19 Canon v Commission
Competition – Concentrations – Medical equipment manufacturing sector – Decision imposing fines for implementing a concentration prior to notification and authorisation – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Interim transaction and ultimate transaction – Parking structure – Single concentration – Rights of the defence – Legitimate expectations – Principle of legality – Proportionality – Amount of fines – Mitigating circumstances
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 18 May 2022 (Extracts)
ECLI:EU:T:2022:299 |
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Case T-296/20 Foz v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial – Determination of listing criteria
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 18 May 2022 (Extracts)
ECLI:EU:T:2022:298 (Appeal: Case before the Court of Justice C-524/22 P) |
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Case T-577/20 Ryanair v Commission (Condor; rescue aid)
State aid – German air transport market – Loan granted by Germany to Condor Flugdienst – Decision declaring the aid compatible with the internal market – Article 107(3)(c) TFEU – Guidelines on State aid for rescuing and restructuring undertakings in difficulty – Intrinsic difficulties that are not the result of an arbitrary allocation of costs within the group – Difficulties that are too serious to be dealt with by the group itself – Risk of disruption to an important service
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 18 May 2022
ECLI:EU:T:2022:301 |
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Information (on unpublished decisions)
Case T-384/20 OC v Commission
Non-contractual liability – OLAF investigation – Press release – Processing of personal data – Presumption of innocence – Confidentiality of OLAF investigations – Right to sound administration – Proportionality – Sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Ninth Chamber) of 4 May 2022 ECLI:EU:T:2022:273 (Appeal: Case before the Court of Justice C-479/22 P) |
Case T-117/21 Deichmann v EUIPO – Munich (Representation of two crossed stripes placed on the side of a shoe)
EU trade mark – Invalidity proceedings – EU figurative mark representing a cross on the side of a sports shoe – Article 7(1)(b) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 4 May 2022 ECLI:EU:T:2022:271 |
Case T-237/21 Fidelity National Information Services v EUIPO – IFIS (FIS)
EU trade mark – Opposition proceedings – Application for EU figurative mark FIS – Earlier EU word mark IFIS – 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)
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Judgment of the General Court (Second Chamber) of 4 May 2022 ECLI:EU:T:2022:267 (Appeal: Case before the Court of Justice C-446/22 P) |
Case T-619/21 PricewaterhouseCoopers Belastingadviseurs v EUIPO – Haufe-Lexware (TAXMARC)
EU trade mark – Opposition proceedings – Application for EU word mark TAXMARC – Prior EU figurative mark TAXMAN – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Fifth Chamber) of 4 May 2022 ECLI:EU:T:2022:270 |
Case T-497/21 Girardi v EUIPO
Action for annulment – EU trade mark – Representation before EUIPO – Notification of a deficiency in the power to act as a representative before EUIPO – Act not open to challenge – Preparatory act – Inadmissibility
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Order of the General Court (Fourth Chamber) of 10 May 2022 ECLI:EU:T:2022:293 |
Case T-93/21 Creaticon v EUIPO – Paul Hartmann (SK SKINTEGRA THE RARE MOLECULE)
EU trade mark – Opposition proceedings – International registration designating the European Union – EU figurative mark SK SKINTEGRA THE RARE MOLECULE – Earlier national word mark SKINTEGRITY – 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)
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Judgment of the General Court (Fifth Chamber) of 11 May 2022 ECLI:EU:T:2022:280 |
Case T-59/22 R Conserve Italia and Conserves France v Commission
Interim relief – Competition – Agreements, decisions and concerted practices – European market for preserved vegetables – Decision imposing a fine – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 13 May 2022 ECLI:EU:T:2022:290 |
Case T-251/19 Wieland-Werke v Commission
Competition – Concentrations – Market for rolled products and pre-rolled strip made of copper and copper alloys – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Commitments – Relevant market – Assessment of the horizontal and vertical effects of the transaction on competition – Manifest error of assessment – Principle of good administration – Rights of the defence
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Judgment of the General Court (Second Chamber) of 18 May 2022 ECLI:EU:T:2022:296 |
Case T-479/20 Eurobolt and Others v Commission
Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with a judgment of the Court of Justice – Article 266 TFEU – Re-imposition of a definitive anti-dumping duty – Non-retroactivity – Effective judicial protection – Principle of good administration – Competence of the author of the act
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Judgment of the General Court (Ninth Chamber) of 18 May 2022 ECLI:EU:T:2022:304 (Appeal: Case before the Court of Justice C-517/22 P) |
Case T-593/20 Tirrenia di navigazione v Commission
State aid – Maritime transport – Service of general economic interest – Decision declaring the aid unlawful – Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery – Rescue aid – Compatibility with the internal market – Period of six months – Extension – Requirement to submit a restructuring or liquidation plan – Guidelines on State aid for rescuing and restructuring firms in difficulty – Tax exemption – Advantage – Selective nature – Effect on trade between Member States – Adverse effect on competition – Excessive duration of the procedure – Legitimate expectations – Legal certainty – Principle of good administration
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Judgment of the General Court (Eighth Chamber) of 18 May 2022 ECLI:EU:T:2022:300 (Appeal: Case before the Court of Justice C-514/22 P) |
Case T-601/20 Tirrenia di navigazione v Commission
State aid – Maritime transport – Service of general economic interest – Aid granted to Adriatica for the period from January 1992 to July 1994 in relation to the Brindisi/Corfu/Igoumenitsa/Patras connection – Decision declaring the aid unlawful – Decision declaring the aid incompatible with the internal market and ordering its recovery – Interest accrued – Limitation period – New aid – Incompatibility with the internal market – Effects of a cartel on the market – Excessive duration of the procedure – Legitimate expectations – Legal certainty – Principle of good administration
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Judgment of the General Court (Eighth Chamber) of 18 May 2022 ECLI:EU:T:2022:302 (Appeal: Case before the Court of Justice C-515/22 P) |
Case T-256/21 Domator24.com Paweł Nowak v EUIPO – Siwek and Didyk (Armchair)
Community design – Invalidity proceedings – Registered community design representing an armchair – Earlier community design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 25(1)(b) and Article 6(1)(b) of Regulation No 6/2002
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Judgment of the General Court (Second Chamber) of 18 May 2022 ECLI:EU:T:2022:297 |
Case T-435/21 TK v Commission
Civil service – Officials – Promotion – 2020 promotion exercise – Decision not to promote the applicant to grade AD 15 – Comparing merits – Equal treatment – Manifest error of assessment – Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 18 May 2022 ECLI:EU:T:2022:303 |
Case T-101/22 R OG and Others v Commission
Interim Relief – Regulation (EU) 2021/953 – Delegated Regulation (EU) 2021/2288 – EU Digital COVID certificate – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 18 May 2022 ECLI:EU:T:2022:305 |
Case T-534/21 VP v Cedefop
Action for annulment and for damages – Civil service – Temporary staff – Request for renewal of a contract for an indefinite period – Decision not to renew – Action for annulment and for damages – Actionable measure – Manifest inadmissibility
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Order of the General Court (Fourth Chamber) of 20 May 2022 ECLI:EU:T:2022:327 |
Case T-193/22 R OT v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No prima facie case – No urgency
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Order of the President of the General Court of 30 May 2022 ECLI:EU:T:2022:307 (Appeal: Case before the Court of Justice C-526/22 P(R)) |
June 2022
Case T-481/17 Fundación Tatiana Pérez de Guzmán el Bueno and SFL v SRB
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 June 2022
ECLI:EU:T:2022:311 (Appeal: Case before the Court of Justice C-551/22 P) (Appeal: Case before the Court of Justice C-448/22 P) |
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Case T-510/17 Del Valle Ruíz and Others v Commission and SRB
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Right to be heard – Delegation of power – Right to property – Obligation to state reasons – Articles 18 and 20 and Article 21(1) of Regulation (EU) No 806/2014
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 June 2022
ECLI:EU:T:2022:312 (Appeal: Case before the Court of Justice C-539/22 P) |
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Case T-523/17 Eleveté Invest Group and Others v Commission and SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Right to be heard – Duty to state reasons – Articles 18 and 20 of Regulation (EU) No 806/2014 – Non-contractual liability
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 June 2022
ECLI:EU:T:2022:313 (Appeal: Case before the Court of Justice C-541/22 P) |
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Case T-570/17 Algebris (UK) and Anchorage Capital Group v Commission
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Delegation of power – Obligation to state reasons – Principle of good administration – Article 20 of Regulation (EU) No 806/2014 – Right to be heard – Right to property
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 June 2022
ECLI:EU:T:2022:314 |
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Case T-628/17 Aeris Invest v Commission and SRB
Economic and monetary union – Banking Union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Delegation of power – Right to be heard – Right to property – Obligation to state reasons – Articles 14, 18 and 20 of Regulation (EU) No 806/2014
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 1 June 2022
ECLI:EU:T:2022:315 (Appeal: Case before the Court of Justice C-535/22 P) |
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Cases T-363/19 and T-456/19 United Kingdom and ITV v Commission
State aid – Aid scheme implemented by the United Kingdom in favour of certain multinational groups – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Advance tax rulings – Tax regime relating to the financing of groups and concerning in particular controlled foreign companies – Selective tax advantages
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 8 June 2022
ECLI:EU:T:2022:349 (Appeal: Case before the Court of Justice C-555/22 P) (Appeal: Case before the Court of Justice C-556/22 P) (Appeal: Case before the Court of Justice C-564/22 P) |
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Case T-293/21 Muschaweck v EUIPO – Conze (UM)
EU trade mark – Revocation proceedings – EU word mark UM – Genuine use of the mark – Use with the consent of the proprietor – Use in the form in which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Representation by the proprietor of the trade mark – Evidence of use submitted within the time limit set
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 8 June 2022 (Extracts)
ECLI:EU:T:2022:345 |
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Case T-334/21 Mendes de Almeida v Council
Civil service – Appointment of the European Prosecutors of the European Public Prosecutor’s Office – Appointment of one of the candidates nominated by Portugal – No dispute between the Union and one of its servants within the limits and under the conditions laid down in the Staff Regulations and the CEOS – Article 270 TFEU – Manifest lack of jurisdiction
Language of the case: Portuguese
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Order of the General Court (First Chamber) of 13 June 2022
ECLI:EU:T:2022:375 (Appeal: Case before the Court of Justice C-572/22 P) |
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Case T-235/18 Qualcomm v Commission (Qualcomm – Exclusivity payments)
Competition – Abuse of a dominant position – LTE chipsets market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Exclusivity payments – Rights of the defence – Article 19 and Article 27(1) of Regulation (EC) No 1/2003 – Foreclosure effects
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 15 June 2022
ECLI:EU:T:2022:358 |
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Case T-449/21 Natixis v Commission
Action for annulment – Preliminary issue – Lack of representation by a lawyer authorised to practise solely before the courts or tribunals of the United Kingdom in one of the situations exhaustively provided for by Article 91(2) of the Agreement on the withdrawal of the United Kingdom from the Union and from Euratom – Lack of representation by a lawyer authorised to practise before the courts or tribunals of a Member State or of another State which is a party to the EEA Agreement – Article 19 of the Statute of the Court of Justice of the European Union
Language of the case: English
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Order of the General Court (Eighth Chamber) of 20 June 2022
ECLI:EU:T:2022:394 |
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Case T-357/19 Italy v Commission
Language of the case: Italian
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Judgment of the General Court (Seventh Chamber) of 22 June 2022
ECLI:EU:T:2022:385 |
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Case T-797/19 Anglo Austrian AAB and Belegging-Maatschappij 'Far-East' v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the European Central Bank (ECB) – Decision to withdraw authorisation from a credit institution – Serious breach of the national legislation transposing Directive 2005/60/EC – Proportionality – Infringement of the legislation on the governance of credit institutions – Rights of the defence – Manifest error of assessment – Right to effective judicial protection
Language of the case: German
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 22 June 2022
ECLI:EU:T:2022:389 (Appeal: Case before the Court of Justice C-579/22 P) |
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Case T-657/20 Ryanair v Commission (Finnair II; COVID-19)
State aid – Finnish air-transport market – Aid granted by Finland to Finnair in the context of the COVID-19 pandemic – Recapitalisation of an airline by its public and private shareholders on a pro rata basis in proportion to the previously existing ownership structure – Decision not to raise any objections – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Derogation from certain requirements of the temporary framework – No weighing of the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 22 June 2022
ECLI:EU:T:2022:390 (Appeal: Case before the Court of Justice C-588/22 P) |
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Case T-306/20 Hijos de Moisés Rodríguez González v EUIPO – Ireland and Ornua (La Irlandesa 1943)
EU trade mark – Invalidity proceedings – EU figurative mark La Irlandesa 1943 – Absolute grounds for invalidity – Declaration of invalidity by the Grand Board of Appeal of EUIPO – Evidence submitted for the first time before the Court – Relevant date for the examination of an absolute ground for invalidity – Mark of such a nature as to deceive the public – Article 7(1)(g) of Regulation (EC) No 207/2009 (now Article 7(1)(g) of Regulation (EU) 2017/1001) – Bad faith – Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 29 June 2022
ECLI:EU:T:2022:404 (Appeal: Case before the Court of Justice C-605/22 P) |
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Case T-609/20 LA International Cooperation v Commission
Pre-Accession Assistance Instrument – OLAF investigation – Commission decision imposing an administrative sanction – Exclusion from procurement and grant award procedures covered by the general budget of the European Union for a period of four years – Registration in the early detection and exclusion system database – Financial regulation – Unlimited jurisdiction – Proportionality of the sanction
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 29 June 2022 (Extracts)
ECLI:EU:T:2022:407 |
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Information (on unpublished decisions)
Case T-512/19 Del Valle Ruíz and Others v SRB
Action for annulment – Economic and monetary policy – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution scheme in respect of Banco Popular Español – No ex post definitive valuation of Banco Popular Español – Lack of direct concern – Manifest inadmissibility
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Order of the General Court (Third Chamber) of 1 June 2022 ECLI:EU:T:2022:331 |
Case T-355/20 Krasnyj Octyabr v EUIPO – Pokój (Pokój TRADYCJA JAKOŚĆ KRÓWKA SŁODKIE CHWILE Z DZIECIŃSTWA TRADYCYJNA RECEPTURA)
EU trade mark – Invalidity proceedings – EU figurative mark Pokój TRADYCJA JAKOŚĆ KRÓWKA SŁODKIE CHWILE Z DZIECIŃSTWA TRADYCYJNA RECEPTURA – Earlier international figurative mark KOPOBKA KOROVKA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 1 June 2022 ECLI:EU:T:2022:320 |
Case T-363/20 Krasnyj Octyabr v EUIPO – Pokój (KRÓWKA MLECZNA Milk FUDGE)
EU trade mark – Invalidity proceedings – EU figurative mark KRÓWKA MLECZNA Milk FUDGE – Earlier international figurative mark KOPOBKA KOROVKA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 1 June 2022 ECLI:EU:T:2022:321 |
Case T-440/20 Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive anti-dumping duty)
Dumping – Imports of tubes and pipes of ductile cast iron originating in India – Compliance with the judgment of the General Court in Case T 301/16 – Re-imposition of a definitive anti-dumping duty – Non-repayment in full of the initial definitive anti-dumping duty – Legal basis – Non-retroactivity – Legal certainty – Article 266 TFEU – Proportionality – Right to effective judicial protection – Article 103 of the Union Customs Code – Registration Regulation – Plea of illegality – Admissibility
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Judgment of the General Court (Eighth Chamber) of 1 June 2022 ECLI:EU:T:2022:318 |
Case T-441/20 Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive countervailing duty)
Subsidies – Imports of tubes and pipes of ductile cast iron originating in India – Compliance with the judgment of the General Court in Case T‑300/16 – Reimposition of a definitive countervailing duty – Non-repayment in full of the initial definitive countervailing duty – Legal basis – Non-retroactivity – Legal certainty – Article 266 TFEU – Proportionality – Right to effective judicial protection – Article 103 of the Union Customs Code – Registration Regulation – Plea of illegality – Admissibility
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Judgment of the General Court (Eighth Chamber) of 1 June 2022 ECLI:EU:T:2022:319 |
Case T-632/20 OG v EDA
Civil service – Members of the temporary staff – EDA staff – Vacancy notice – Head of Unit post – Rejection of application – Obligation to state reasons – Equal treatment – Transparency – Objectivity – Principle of sound administration – Infringement of the vacancy notice – Manifest error of assessment – Liability – Non-material harm
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Judgment of the General Court (First Chamber) of 1 June 2022 ECLI:EU:T:2022:308 |
Case T-723/20 Prigozhin v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons and entities subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Initial inclusion and maintenance of the applicant’s name on the lists of persons concerned – Obligation to state reasons – Errors of assessment – Rights of the defence – Proportionality – Foreseeability of acts of the European Union
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Judgment of the General Court (Fifth Chamber) of 1 June 2022 ECLI:EU:T:2022:317 |
Case T-754/20 Cristescu v Commission
Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances
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Judgment of the General Court (Fourth Chamber) of 1 June 2022 ECLI:EU:T:2022:316 |
Case T-253/21 Aquino v Parliament
Civil service – Officials – Staff Committee of the Parliament – Election of the president of the Staff Committee – Annulment of the election – Liability
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Judgment of the General Court (First Chamber) of 1 June 2022 ECLI:EU:T:2022:309 (Appeal: Case before the Court of Justice C-534/22 P) |
Case T-316/21 Worldwide Machinery v EUIPO – Scaip (SUPERIOR MANUFACTURING)
EU trade mark – Revocation proceedings – EU figurative mark SUPERIOR MANUFACTURING – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 1 June 2022 ECLI:EU:T:2022:310 |
Case T-585/21 Zásilkovna v Commission
State aid – Compensation granted for the provision of the universal service obligation in the postal sector – Complaint – Action for annulment – Act not open to challenge – Inadmissibility
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Order of the General Court (Fifth Chamber) of 1 June 2022 ECLI:EU:T:2022:338 |
Case T-654/21 Eurecna v Commission
Action for annulment – Public supply contracts – EDF – ‘Territorial strategies for innovation (TSI)’ contract – OLAF investigation – Registration in the Early Detection and Exclusion System (EDES) database – Act not open to challenge – Inadmissibility
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Order of the General Court (Ninth Chamber) of 2 June 2022 ECLI:EU:T:2022:332 |
Case T-196/22 R Mariani v Parliament
Interim measures – Institutional law – Member of Parliament – Exclusion from taking part in election observation delegations of the Parliament – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 3 June 2022 ECLI:EU:T:2022:322 (Appeal: Case before the Court of Justice C-525/22 P(R)) |
Case T-144/20 Guangxi Xin Fu Yuan v Commission
Dumping – Imports of ceramic tableware and kitchenware originating in China – Review investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Related companies – Procedural obligations – Article 5(10) and (11) of Regulation 2016/1036 – Articles 6.1, 6.2 and 12.1 of the Anti-Dumping Agreement – Rights of the defence – Equal treatment – Legitimate expectations – Manifest error of assessment
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Judgment of the General Court (Ninth Chamber) of 8 June 2022 ECLI:EU:T:2022:346 |
Case T-621/20 EMCS v EUAA
Public service contracts – Tender procedure – Provision of temporary agency workers for EASO – Rejection of a tenderer’s bid – Award of the contract to another tenderer – Equal treatment – Principle of transparency – Manifest error of assessment – Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 8 June 2022 ECLI:EU:T:2022:342 |
Case T-738/20 Deutschtec v EUIPO – Group A (HOLUX)
EU trade mark – Opposition proceedings – Application for the EU word mark HOLUX – Earlier international registration in respect of the word mark HOLUX – Relative grounds for refusal – Likelihood of confusion – Article 8 (1)(a) and (b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 8 June 2022 ECLI:EU:T:2022:343 |
Cases T-26/21 to T-28/21 Apple v EUIPO – Swatch (THINK DIFFERENT)
EU trade mark – Revocation proceedings – Earlier EU word marks THINK DIFFERENT – No genuine use of the marks – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 8 June 2022 ECLI:EU:T:2022:350 |
Case T-92/21 Darment v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision to register – Authorisation to use a quota – Compliance with a judgment of the General Court – Principle of sound administration
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Judgment of the General Court (First Chamber) of 8 June 2022 ECLI:EU:T:2022:341 |
Case T-355/21 Polo Club Düsseldorf v EUIPO – Company Bridge and Life (POLO CLUB DÜSSELDORF EST. 1976)
EU trade mark – Opposition proceedings – Application for EU figurative mark POLO CLUB DÜSSELDORF EST. 1976 – Earlier national figurative mark POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 8 June 2022 ECLI:EU:T:2022:348 |
Case T-433/21 Vitronic v EUIPO (Enforcement Trailer)
EU trade mark – Application for EU word mark Enforcement Trailer – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 8 June 2022 ECLI:EU:T:2022:344 |
Case T-744/21 Medela v EUIPO (MAXFLOW)
EU trade mark – Application for the EU word mark MAXFLOW – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 8 June 2022 ECLI:EU:T:2022:347 |
Case T-104/22 R Hungary v Commission
Interim measures – Access to documents – Regulation (EC) No 1049/2001 – European Structural and Investment Funds – Regulation (EU) No 1303/2013 – Documents originating from a Member State – Application for suspension of operation of a measure – Prima facie case – Urgency – Balancing of interests
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Order of the President of the General Court of 8 June 2022 ECLI:EU:T:2022:351 |
Case T-493/21 Equinoccio-Compañía de Comercio Exterior v Commission
Action for annulment – Instrument for Pre-Accession Assistance – Non-Member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-Member State – Lack of jurisdiction
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Order of the General Court (First Chamber) of 9 June 2022 ECLI:EU:T:2022:353 (Appeal: Case before the Court of Justice C-527/22 P) |
Case T-236/21 FZ and Others v Commission
Civil service – Officials – Remuneration – Commission staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 14 June 2022 ECLI:EU:T:2022:367 |
Case T-246/21 FJ and Others v EEAS
Civil Service – Officials – Remuneration – EEAS staff posted to a third country – Interim update of correction coefficients – Manifest error of assessment – Retroactive effect – Legal certainty – Duty to have regard for the welfare of officials – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 14 June 2022 ECLI:EU:T:2022:370 |
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Case T-531/16 Dumitrescu and Schwarz v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
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Judgment of the General Court (Eighth Chamber) of 15 June 2022 ECLI:EU:T:2022:362 (Appeal: Case before the Court of Justice C-567/22 P) |
Case T-532/16 YT and YU v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
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Judgment of the General Court (Eighth Chamber) of 15 June 2022 ECLI:EU:T:2022:363 (Appeal: Case before the Court of Justice C-568/22 P) |
Case T-533/16 YV and Others v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
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Judgment of the General Court (Eighth Chamber) of 15 June 2022 ECLI:EU:T:2022:364 (Appeal: Case before the Court of Justice C-569/22 P) |
Case T-538/16 Schaffrin v Commission
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
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Judgment of the General Court (Eighth Chamber) of 15 June 2022 ECLI:EU:T:2022:365 |
Case T-545/16 YY and ZA v Court of Justice of the European Union
Civil service – Officials – 2014 reform of the Staff Regulations – Reimbursement of annual travel expenses – Place of origin located in a third country – Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national
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Judgment of the General Court (Eighth Chamber) of 15 June 2022 ECLI:EU:T:2022:366 (Appeal: Case before the Court of Justice C-570/22 P) |
Case T-380/20 Tubes Radiatori v EUIPO – Antrax It (Radiator for heating)
Community design – Invalidity proceedings – Community design representing a radiator – Earlier designs – Grounds for invalidity – Lack of individual character – Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Freedom of the designer – Saturation of the state of the art – Overall impression
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Judgment of the General Court (Third Chamber) of 15 June 2022 ECLI:EU:T:2022:359 |
Case T-122/21 QI v Commission
Civil service – Officials – Appraisal report – 2018 and 2019 appraisal exercises – Unsatisfactory appraisal of leadership performance – General implementing provisions of Article 43 of the Staff Regulations – Validation procedure – Principle of impartiality – Manifest error of assessment
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Judgment of the General Court (Seventh Chamber) of 15 June 2022 ECLI:EU:T:2022:361 (Appeal: Case before the Court of Justice C-32/23 P) |
Case T-338/21 F I S I v EUIPO – Verband der Deutschen Daunen- und Federnindustrie (ECODOWN)
EU trade mark – Invalidity proceedings – EU word mark ECODOWN – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – No distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 15 June 2022 ECLI:EU:T:2022:360 |
Case T-83/20 bonnanwalt v EUIPO – Bayerischer Rundfunk and Others (tagesschau)
EU trade mark – Revocation proceedings – EU word mark tagesschau – Partial revocation – Representation by a lawyer who is not an independent third party with regard to the applicant – Inadmissibility
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Order of the General Court (Sixth Chamber) of 16 June 2022 ECLI:EU:T:2022:369 (Appeal: Case before the Court of Justice C-580/22 P) |
Case T-234/22 R Ismailova v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency – Balancing of interests
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Order of the President of the General Court of 21 June 2022 ECLI:EU:T:2022:377 |
Case T-238/22 R Narzieva v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency – Balancing of interests
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Order of the President of the General Court of 21 June 2022 ECLI:EU:T:2022:378 |
Case T-584/19 thyssenkrupp v Commission
Competition – Concentrations – Market for the production and distribution of flat carbon steel – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Relevant market – Assessment of the effects of the transaction on competition – Commitments – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 22 June 2022 ECLI:EU:T:2022:386 (Appeal: Case before the Court of Justice C-581/22 P) |
Case T-502/20 Munich v EUIPO – Tone Watch (MUNICH10A.T.M.)
EU trade mark – Invalidity proceedings – EU word mark MUNICH10A.T.M. – Earlier EU and national figurative marks MUNICH – Relative grounds for refusal – Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 60(1)(a) of Regulation (EU) 2017/1001) – No likelihood of confusion – No similarity of the goods and services – No aesthetic complementarity – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Rights of the defence
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Judgment of the General Court (Ninth Chamber) of 22 June 2022 ECLI:EU:T:2022:387 (Appeal: Case before the Court of Justice C-577/22 P) |
Case T-739/20 Unite the Union v EUIPO – WWRD Ireland (WATERFORD)
EU trade mark – Revocation proceedings – EU word mark WATERFORD – Action for annulment – Article 63(3) of Regulation (EU) 2017/1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 22 June 2022 ECLI:EU:T:2022:381 (Appeal: Case before the Court of Justice C-571/22 P) |
Case T-29/21 Beveland v EUIPO – Super B (BUCANERO)
EU trade mark – Revocation proceedings – EU word mark BUCANERO – Genuine use of the trade mark – Article 18(1), second subparagraph, point (a) and Article 58(1) point (a) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character of the mark – Proof of genuine use
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Judgment of the General Court (Ninth Chamber) of 22 June 2022 ECLI:EU:T:2022:388 |
Case T-329/21 Puma v EUIPO – V. Fraas (FRAAS)
EU trade mark – Revocation proceedings – EU word mark FRAAS – Genuine use of a mark – Use in connection with the goods in respect of which the mark was registered – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use
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Judgment of the General Court (Second Chamber) of 22 June 2022 ECLI:EU:T:2022:379 |
Case T-356/21 Future Motion v EUIPO – El Corte Inglés (HYPERCORE)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark HYPERCORE – Earlier EU figurative mark HIPERCOR – 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)
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Judgment of the General Court (Second Chamber) of 22 June 2022 ECLI:EU:T:2022:380 |
Case T-479/21 Haswani v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Res judicata – Error of assessment – Proportionality – Obligation to state reasons – Rights of the defence – Right to a fair trial
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Judgment of the General Court (Fourth Chamber) of 22 June 2022 ECLI:EU:T:2022:383 |
Case T-602/21 Kubara v EUIPO (good calories)
EU trade mark – Application for EU figurative mark good calories – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Legal certainty – Legitimate expectations
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Judgment of the General Court (Third Chamber) of 22 June 2022 ECLI:EU:T:2022:382 |
Case T-628/21 Tequila Revolución v EUIPO – Horizons Group (London) (Revolution Vodka)
EU trade mark – Opposition proceedings – Application for the EU word mark Revolution Vodka – Earlier EU word mark TEQUILA REVOLUCIÓN – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – Absence of genuine use – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 22 June 2022 ECLI:EU:T:2022:384 |
Case T-237/22 R Usmanov v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Lack of urgency – Balancing of interests
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Order of the President of the General Court of 27 June 2022 ECLI:EU:T:2022:401 |
Case T-704/21 Compass Tex v EUIPO (Trusted Handwork)
Action for annulment – EU trade mark – Application for EU word mark Trusted Handwork – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 28 June 2022 ECLI:EU:T:2022:410 (Appeal: Case before the Court of Justice C-550/22 P) |
Case T-501/19 Corneli v ECB
Access to documents – Decision 2004/258/EC – Decision of the BCE to place Banca Carige under temporary administration – Refusal to grant access – Exception relating to the protection of the confidentiality of information that is protected as such under EU law – General presumption of confidentiality – Concept of confidential information – Obligation to state reasons
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Judgment of the General Court (Fourth Chamber) of 29 June 2022 ECLI:EU:T:2022:402 |
Case T-337/20 Hochmann Marketing v EUIPO (bittorrent)
EU trade mark – Board of Appeal decision confirming the revocation of an earlier decision – Article 103(1) of Regulation (EU) 2017/1001 – Request for conversion into a national trade mark application – Ground precluding conversion – Non-use of the EU trade mark – Article 139(2)(a) of Regulation 2017/1001 – Right to be heard – Article 47 of the Charter of Fundamental Rights
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Judgment of the General Court (Tenth Chamber) of 29 June 2022 ECLI:EU:T:2022:406 (Appeal: Case before the Court of Justice C-575/22 P) |
Case T-641/20 Leonine Distribution v Commission
Culture – Creative Europe Programme (2014 to 2020) – MEDIA sub-programme – Call for Proposals EACEA/05/2018 – Decision of the EACEA rejecting the applicant’s application on the ground of failure to comply with the eligibility conditions – Commission decision dismissing the administrative appeal relating to the EACEA’s decision – Concept of ‘European company’ – Grant open only to applicants owned, directly or by majority participation, by nationals of EU Member States or by nationals of other European countries participating in the sub-programme – Errors of assessment – Failure to examine the documents annexed to the proposal – Proportionality
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Judgment of the General Court (Sixth Chamber) of 29 June 2022 ECLI:EU:T:2022:403 |
Case T-357/21 Jose A. Alfonso Arpon v EUIPO – Puma (PLUMAflex by Roal)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PLUMAflex by Roal – Earlier EU figurative mark PUMA – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 29 June 2022 ECLI:EU:T:2022:405 |
Case T-640/21 bet-at-home.com Entertainment v EUIPO (bet-at-home)
EU trade mark – Application for registration of the EU figurative mark bet-at-home – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 29 June 2022 ECLI:EU:T:2022:408 |
July 2022
Case T-280/18 ABLV Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Decision of the SRB not to adopt a resolution scheme – Action for annulment – Act adversely affecting a person – Interest in bringing proceedings – Standing to bring proceedings – Inadmissibility in part – Article 18 of Regulation (EU) No 806/2014 – Power of the author of the measure – Right to be heard – Obligation to state reasons – Proportionality – Equal treatment
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 6 July 2022 (Extracts)
ECLI:EU:T:2022:429 (Appeal: Case before the Court of Justice C-602/22 P) |
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Case T-388/19 Puigdemont i Casamajó and Comín i Oliveres v Parliament
Law governing the institutions – Members of the European Parliament – Refusal of the President of the Parliament to recognise the status of Member of the European Parliament and the associated rights of elected candidates – Action for annulment – Act not open to challenge – Inadmissibility
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 6 July 2022
ECLI:EU:T:2022:421 (Appeal: Case before the Court of Justice C-600/22 P) |
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Case T-278/20 Zhejiang Hangtong Machinery Manufacture and Ningbo Hi-Tech Zone Tongcheng Auto Parts v Commission
Dumping – Imports of steel road wheels originating in China – Imposition of a definitive anti-dumping duty and definitive collection of the provisional duty – Articles 17(4), 18 and 20 of Regulation (EU) 2016/1036 – Lack of cooperation – Insufficient information provided to the Commission
Language of the case: English
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Judgment of the General Court (First Chamber) of 6 July 2022 (Extracts)
ECLI:EU:T:2022:417 |
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Case T-631/20 MZ v Commission
Language of the case: Italian
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 6 July 2022
ECLI:EU:T:2022:426 |
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Case T-250/21 Zdút v EUIPO – Nehera and Sehnal (nehera)
EU trade mark – Invalidity proceedings – EU figurative mark NEHERA – Absolute ground for invalidity – No bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 6 July 2022
ECLI:EU:T:2022:430 |
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Case T-150/20 Tartu Agro v Commission
State aid – Agriculture – Lease contract for agricultural land in Estonia – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Determination of the market price – Private operator principle – Complex economic assessments – Judicial review – Taking into account of all relevant factors – Duty of diligence
Language of the case: Estonian
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Judgment of the General Court (Third Chamber) of 13 July 2022
ECLI:EU:T:2022:443 |
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Case T-165/20 JC v EUCAP Somalia
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 13 July 2022 (Extracts)
ECLI:EU:T:2022:453 |
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Case T-194/20 JF v EUCAP Somalia
Arbitration clause – International contract staff of EUCAP Somalia – Common Foreign and Security Policy mission – Non-renewal of employment contract following the United Kingdom’s withdrawal from the European Union – Right to be heard – Equal treatment – Non-discrimination on grounds of nationality – Transition period provided for in the agreement on the withdrawal of the United Kingdom from the European Union – Action for annulment – Action for damages – Acts inseparable from the contract – Inadmissibility
Language of the case: English
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Rectification order of 3 February 2023
ECLI:EU:T:2023:45 |
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 13 July 2022
ECLI:EU:T:2022:454 |
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Case T-457/20 VeriGraft v Eismea
Arbitration clause – ‘Horizon 2020 – Framework Programme for Research and Innovation’ (2014-2020) – Grant Agreement ‘Personalised Tissue-Engineered Veins as the first Cure for Patients with Chronic Venous Insufficiency – P‑TEV’ – Unforeseen subcontracting costs – Simplified approval procedure – Subcontracting mentioned in the periodic technical reports – Approved periodic technical reports – Eligible costs
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 13 July 2022 (Extracts)
ECLI:EU:T:2022:457 |
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Case T-629/20 Delifruit v Commission
Plant protection products – Active substance chlorpyrifos – Determination of maximum residue levels for chlorpyrifos in or on bananas – Regulation (EC) No 396/2005 – Scientific and technical knowledge available – Other legitimate factors
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 13 July 2022
ECLI:EU:T:2022:448 |
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Case T-227/21 Illumina v Commission
Competition – Concentrations – Pharmaceutical industry market – Article 22 of Regulation (EC) No 139/2004 – Referral request from a competition authority not having jurisdiction under national law to examine the concentration – Commission decision to examine the concentration – Commission decisions accepting requests from other national competition authorities to join the referral request – Competence of the Commission – Time limit for submitting the referral request – Concept of ‘made known’ – Reasonable time – Legitimate expectations – Public statements by the Vice-President of the Commission – Legal certainty
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 13 July 2022
ECLI:EU:T:2022:447 (Appeal: Case before the Court of Justice C-611/22 P) (Appeal: Case before the Court of Justice C-625/22 P) |
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Case T-125/22 RT France v Council
Common foreign and security policy – Restrictive measures in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Listing of entities to which the restrictive measures apply – Competence of the Council – Rights of the defence – Right to be heard – Freedom of expression and information – Proportionality – Freedom to conduct a business – Principle of non-discrimination on grounds of nationality
Language of the case: French
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Judgment of the General Court (Grand Chamber) of 27 July 2022
ECLI:EU:T:2022:483 (Appeal: Case before the Court of Justice C-620/22 P) |
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Information (on unpublished decisions)
Case T-240/22 R Lacapelle v Parliament
Interim relief – Law governing the Institutions – Member of Parliament – Exclusion from participation in election observation delegations of the Parliament – Application for suspension of operation of a measure – Lack of urgency
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Order of the President of the General Court of 4 July 2022 ECLI:EU:T:2022:416 (Appeal: Case before the Court of Justice C-542/22 P(R)) |
Case T-241/22 R Juvin v Parliament
Interim relief – Law governing the Institutions – Member of Parliament – Exclusion from participation in election observation delegations of the Parliament – Application for suspension of operation of a measure – Lack of urgency
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Order of the President of the General Court of 4 July 2022 ECLI:EU:T:2022:415 (Appeal: Case before the Court of Justice C-544/22 P(R)) |
Case T-179/20 JP v Commission
Civil service – Open competition – Notice of Competition EPSO/AD/363/18 for the recruitment of administrators in the field of taxation (AD 7) – Non-inclusion on the reserve list – Composition of the selection board – Stability – Manifest error of assessment – Liability
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Judgment of the General Court (Eighth Chamber) of 6 July 2022 ECLI:EU:T:2022:423 |
Case T-246/20 Aerospinning Master Franchising v EUIPO – Mad Dogg Athletics (SPINNING)
EU trade mark – Revocation proceedings – EU word mark SPINNING – Trade mark which has become the common name in the trade for a product or service in respect of which it is registered – Article 51(1)(b) of Regulation (EC) No 207/2009 (now Article 58(1)(b) of Regulation (EU) 2017/1001) – Relevant public
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Judgment of the General Court (Ninth Chamber) of 6 July 2022 ECLI:EU:T:2022:428 |
Case T-681/20 OC v EEAS
Liability – Civil service – EEAS staff posted to a third country – Reporting of irregularities – Inspection report – Transfer – Acts adversely affecting an official – Conduct not entailing a decision – Compliance with the requirements of the pre-litigation procedure – Protection of whistleblowers – Article 22a of the Staff Regulations – Duty of care – Articles 7 and 8 of the Charter of Fundamental Rights – Right to privacy – Protection of personal data
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Judgment of the General Court (Seventh Chamber) of 6 July 2022 ECLI:EU:T:2022:422 |
Case T-20/21 VI v Commission
Civil service – Officials – Recruitment – Open Competition EPSO/AD/363/18 – Non-inclusion on the reserve list – Equal treatment – Stability in the composition of the selection board
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 6 July 2022 ECLI:EU:T:2022:427 |
Case T-129/21 Colombani v EEAS
Civil Service – Officials – EEAS staff – Post of Head of the EU Delegation to Canada – Post of Director for Middle East and North Africa – Rejection of application
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Judgment of the General Court (Eighth Chamber) of 6 July 2022 ECLI:EU:T:2022:424 (Appeal: Case before the Court of Justice C-595/22 P) |
Case T-288/21 ALO jewelry CZ v EUIPO – Cartier International (ALOve)
EU trade mark – Opposition proceedings – Application for the EU figurative mark ALOve – Earlier international figurative mark LOVe – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 6 July 2022 ECLI:EU:T:2022:420 |
Case T-408/21 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedures – Recovery of sums wrongly paid – Enforceable decisions – Article 299 TFEU – Competence of the author of the act – Non-contractual liability of the Union
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Judgment of the General Court (Second Chamber) of 6 July 2022 ECLI:EU:T:2022:418 (Appeal: Case before the Court of Justice C-597/22 P) |
Case T-664/21 YF v EFCA
Civil service – Members of the temporary staff – Contract for an indefinite period – Termination of contract – Incompetence – Manifest error of assessment – Principle of good administration
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Judgment of the General Court (Eighth Chamber) of 6 July 2022 ECLI:EU:T:2022:425 |
Case T-864/19 AI and Others v ECDC
Civil service – ECDC staff members – Psychological harassment – Request for assistance – Prior warnings – Article 31 of the Charter of Fundamental Rights – Article 24 of the Staff Regulations – Scope of the duty to provide assistance – Duty to have regard for the welfare of officials – Opening of an investigation – Reasonable time period – Liability – Unlawfulness
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Judgment of the General Court (Seventh Chamber) of 13 July 2022 ECLI:EU:T:2022:452 (Appeal: Case before the Court of Justice C-615/22 P) |
Case T-886/19 Design Light & Led Made in Europe and Design Luce & Led Made in Italy v Commission
Competition – Abuse of dominant position – Agreements, decisions and concerted practices – LED lighting sector – Patent Licensing Program – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Manifest error of assessment – Duty to state reasons – No EU interest – Probability of being able to establish the existence of an infringement
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Judgment of the General Court (Third Chamber) of 13 July 2022 ECLI:EU:T:2022:442 |
Case T-768/20 Standard International Management v EUIPO – Asia Standard Management Services (The Standard)
EU trade mark – Revocation proceedings – EU figurative mark The Standard – Declaration of revocation – Place of the use of the mark – Advertisements and offers for sale to consumers in the EU – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 13 July 2022 ECLI:EU:T:2022:458 |
Case T-147/21 Gugler France v EUIPO – Gugler (GUGLER)
EU trade mark – Invalidity proceedings – EU figurative mark GUGLER – Absolute ground for invalidity – No bad faith – Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 13 July 2022 ECLI:EU:T:2022:444 (Appeal: Case before the Court of Justice C-594/22 P) |
Case T-176/21 CCTY Bearing Company v EUIPO – CCVI International (CCTY)
EU trade mark – Invalidity proceedings – EU word mark CCTY – Earlier EU figurative mark CCVI – 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) – Misuse of rights – Article 71 of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 13 July 2022 ECLI:EU:T:2022:449 |
Case T-251/21 Tigercat International v EUIPO – Caterpillar (Tigercat)
EU trade mark – Opposition proceedings – Application for EU word mark Tigercat – Earlier EU figurative mark CAT – 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)
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Judgment of the General Court (Second Chamber) of 13 July 2022 ECLI:EU:T:2022:437 (Appeal: Case before the Court of Justice C-612/22 P) |
Case T-283/21 Pejovič v EUIPO – ETA živilska industrija (TALIS)
EU trade mark – Invalidity proceedings – EU word mark TALIS – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 13 July 2022 ECLI:EU:T:2022:438 |
Case T-284/21 Pejovič v EUIPO – ETA živilska industrija (RENČKI HRAM)
EU trade mark – Invalidity proceedings – EU figurative mark RENČKI HRAM – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 13 July 2022 ECLI:EU:T:2022:439 |
Case T-286/21 Pejovič v EUIPO – ETA živilska industrija (RENŠKI HRAM)
EU trade mark – Invalidity proceedings – EU word mark RENŠKI HRAM – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 13 July 2022 ECLI:EU:T:2022:440 |
Case T-287/21 Pejovič v EUIPO – ETA živilska industrija (SALATINA)
EU trade mark – Invalidity proceedings – EU word mark SALATINA – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 13 July 2022 ECLI:EU:T:2022:441 |
Case T-369/21 Unimax Stationery v EUIPO – Mitsubishi Pencil (uni)
EU trade mark – Invalidity proceedings – EU figurative mark uni – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Signs or indications which have become customary – Article 7(1)(d) of Regulation No 40/94 (now Article 7(1)(d) of Regulation 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 13 July 2022 ECLI:EU:T:2022:451 |
Case T-438/21 TL v Commission
Civil service – Members of the temporary staff – Fixed-term contract – Decision not to renew the contract – Vacancy notice – Manifest error of assessment – Duty of care – Psychological harassment – Liability
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Judgment of the General Court (Eighth Chamber) of 13 July 2022 ECLI:EU:T:2022:455 |
Case T-543/21 Purasac v EUIPO – Prollenium Medical Technologies (Rejeunesse)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Rejeunesse – Earlier EU word mark REVANESSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 13 July 2022 ECLI:EU:T:2022:445 |
Case T-573/21 Brand Energy Holdings v EUIPO (RAPIDGUARD)
EU trade mark – Application for EU word mark RAPIDGUARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Right to be heard
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Judgment of the General Court (Fifth Chamber) of 13 July 2022 ECLI:EU:T:2022:450 |
Case T-634/21 Rimini Street v EUIPO (WE DO SUPPORT)
EU trade mark – International registration designating the European Union – Word mark WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 13 July 2022 ECLI:EU:T:2022:459 |
Case T-641/21 dennree v EUIPO (BioMarkt)
EU trade mark – Application for registration of the EU figurative mark BioMarkt – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 13 July 2022 ECLI:EU:T:2022:446 |
Case T-677/21 TL v Commission
Civil service – Members of the temporary staff – Appraisal report for 2019 – Obligation to state reasons – Manifest error of assessment – Setting of objectives – Misuse of powers – Liability
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Judgment of the General Court (Eighth Chamber) of 13 July 2022 ECLI:EU:T:2022:456 (Appeal: Case before the Court of Justice C-96/23 P) |
Case T-170/22 R Telefónica de España v Commission
Interim relief – Public contracts for services – Trans-European Services for Telematics between Administrations (TESTA) – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 14 July 2022 ECLI:EU:T:2022:460 (Appeal: Case before the Court of Justice C-478/22 P(R)) |
Case T-200/18 Fersher Developments and Lisin v Commission and ECB
Action for damages – Economic and monetary policy – Stability support programme for Cyprus – Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Sufficiently serious breach of a rule of law conferring rights on individuals – Equal treatment – Principle of proportionality – Action manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 21 July 2022 ECLI:EU:T:2022:478 |
Case T-254/21 Armadora Parleros v Commission
Non-contractual liability – Common fisheries policy – Failure by the Commission to exercise its powers of control covered by the applicable legislation – Engine power of boats – Sufficiently serious breach of a rule of law conferring rights on individuals – Damage – Causal link – Limitation period – Action manifestly inadmissible
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Order of the General Court (Eighth Chamber) of 25 July 2022 ECLI:EU:T:2022:486 |
Case T-51/22 Santos v EUIPO (Shape of a citrus press)
Action for annulment – EU trade mark – Application for a three-dimensional EU trade mark – Shape of a citrus press – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Decision adopted following the revocation of an earlier decision – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 29 July 2022 ECLI:EU:T:2022:490 |
August 2022
Information (on unpublished decisions)
Case T-269/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Polpharma – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 4 August 2022 ECLI:EU:T:2022:488 |
Case T-278/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Neuraxpharm – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 4 August 2022 ECLI:EU:T:2022:489 |
Case T-279/22 R Biogen Netherlands v Commission
Interim relief – Medicinal products for human use – Regulation (EC) No 726/2004 – Marketing authorisation for Dimethyl fumarate Mylan – dimethyl fumarate – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 4 August 2022 ECLI:EU:T:2022:491 |
Case T-8/18 Batchelor v Commission
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Order of the General Court (Fourth Chamber) of 17 August 2022 ECLI:EU:T:2022:496 |
Case T-85/18 Batchelor v Commission
Action for annulment – Representation by a lawyer who is not a third party independent of the applicant – Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 August 2022 ECLI:EU:T:2022:496 |
September 2022
Case T-631/19 BNetzA v ACER
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition) of 7 September 2022
ECLI:EU:T:2022:509 |
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Case T-642/19 JCDecaux Street Furniture Belgium v Commission
State Aid – Aid granted by Belgium to JCDecaux Street Furniture Belgium – Decision declaring the aid incompatible with the internal market and ordering its recovery – Advantage – Obligation to state reasons
Language of the case: French
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Judgment of the General Court (First Chamber) of 7 September 2022
ECLI:EU:T:2022:503 (Appeal: Case before the Court of Justice C-710/22 P) |
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Case T-529/20 LR v EIB
Civil service – EIB staff – Remuneration – Resettlement allowance – Establishment of a member of staff’s residence in his or her own home after leaving the service of the EIB – Second indent of the first paragraph of Article 13 of the EIB Staff Rules – Concept of ‘home’ – Literal interpretation according to a prevailing language version – Unlimited jurisdiction – Dispute of a financial character – Admissibility
Language of the case: Spanish
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 7 September 2022
ECLI:EU:T:2022:523 |
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Case T-713/20 OQ v Commission
Civil service – Recruitment – Notice of open competition EPSO/AD/378/20 (AD 7) – Croatian-language lawyer-linguists at the Court of Justice of the European Union – Decision of the selection board not to admit the applicant to the next stage of the competition – Conditions for admission – Condition relating to a level of education corresponding to completed university studies attested by a diploma in Croatian law – Possession of a French diploma in law – Freedom of movement for workers – Action for annulment
Language of the case: Croatian
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Judgment of the General Court (Fourth Chamber) of 7 September 2022
ECLI:EU:T:2022:513 |
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Case T-486/21 OE v Commission
Civil service – Officials – Teleworking – Claim for reimbursement of telephone and internet connection expenses – Claim rejected – Plea of illegality – Partial admissibility – Article 71 of and Annex VII to the Staff Regulations – Duty to have regard for the welfare of officials – Principle of equality and non-discrimination – Right to respect for private life
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 7 September 2022
ECLI:EU:T:2022:517 |
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Case T-604/18 Google and Alphabet v Commission (Google Android)
Competition – Abuse of dominant position – Smart mobile devices – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Concepts of multi-sided platform and market (‘ecosystem’) – Operating system (Google Android) – App store (Play Store) – Search and browser applications (Google Search and Chrome) – Agreements with device manufacturers and mobile network operators – Single and continuous infringement – Concepts of overall plan and conduct implemented in the context of the same infringement (product bundles, exclusivity payments and anti-fragmentation obligations) – Exclusionary effects – Rights of the defence – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022
ECLI:EU:T:2022:541 (Appeal: Case before the Court of Justice C-738/22 P) |
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Case T-603/19 Helsingin Bussiliikenne v Commission
State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Economic continuity – Procedural rights of interested parties – Article 6(1) of Regulation (EU) 2015/1589 – Obligation to state reasons
Language of the case: Finnish
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022 (Extracts)
ECLI:EU:T:2022:555 (Appeal: Case before the Court of Justice C-697/22 P) |
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Case T-744/19 Methanol Holdings (Trinidad) v Commission
Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Article 3(1) to (3) and (5) to (8) of Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry – Calculation of price undercutting – Causal link – Article 9(4) of Regulation 2016/1036 – Calculation of the injury margin – Injury elimination
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 14 September 2022
ECLI:EU:T:2022:558 (Appeal: Case before the Court of Justice C-688/22 P) |
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Joined Cases T-371/20 and T-554/20 Pollinis France v Commission
Access to documents – Regulation (EC) No 1049/2001 – Standing Committee for Plants, Animals, Food and Feed – EFSA guidance document on the risk assessment of plant protection products on bees – 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
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022
ECLI:EU:T:2022:556 (Appeal: Case before the Court of Justice C-726/22 P) |
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Case T-95/21 Portugal v Commission (Madeira Free Zone)
Language of the case: Portuguese
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Judgment of the General Court (Eighth Chamber) of 21 September 2022
ECLI:EU:T:2022:567 (Appeal: Case before the Court of Justice C-736/22 P) |
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Case T-475/21 France v Commission
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 21 September 2022
ECLI:EU:T:2022:568 |
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Case T-174/21 Agrofert v Parliament
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the investigation against the former Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest – Refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – Interest in bringing proceedings ceasing in part to exist – No need to adjudicate in part – Obligation to state reasons
Language of the case: Czech
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Judgment of the General Court (Third Chamber) of 28 September 2022
ECLI:EU:T:2022:586 |
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Information (on unpublished decisions)
Case T-793/19 Tirreno Power v Commission
State aid – Italian electricity market – Capacity mechanism – Decision not to raise objections – Availability of the electricity production capacity – Modification of the capacity mechanism – Serious difficulties – Procedural rights of interested parties – Guidelines on State aid for environmental protection and energy 2014-2020
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Judgment of the General Court (First Chamber) of 7 September 2022 ECLI:EU:T:2022:504 |
Case T-794/19 Set v Commission
State aid – Italian electricity market – Capacity mechanism – Decision not to raise objections – Availability of the electricity production capacity – Modification of the capacity mechanism – Serious difficulties – Procedural rights of interested parties – Guidelines on State aid for environmental protection and energy 2014-2020
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Judgment of the General Court (First Chamber) of 7 September 2022 ECLI:EU:T:2022:505 |
Case T-91/20 WT v Commission
Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Duty to have regard for the welfare of officials – Principle of good administration – Right to be heard – Obligation to state reasons – Reasonable time – Psychological harassment – Principle of legal certainty – Material and non-material damage
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:510 (Appeal: Case before the Court of Justice C-712/22 P) |
Case T-217/20 Greece v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Greece – Rural Development – Key controls – Flat-rate financial corrections – Obligation to state reasons – Protection of legitimate expectations – Legal certainty – Proportionality – Principle of sound administration
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Judgment of the General Court (Second Chamber) of 7 September 2022 ECLI:EU:T:2022:508 |
Case T-470/20 DD v FRA
Civil service – Temporary staff – Disciplinary regime – Removal from post – Opening of an administrative investigation – Initiation of disciplinary proceedings – Requirement for impartiality – Error of law – Manifest error of assessment – Articles 11, 12 and 21 of the Staff Regulations – Duty of loyalty – Legal certainty – Freedom of expression – Article 11 of the Charter of Fundamental Rights – Principle of sound administration – Duty of care – Presumption of innocence – Right to be heard – Reasonable period of time – Proportionality of the sanction
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:511 (Appeal: Case before the Court of Justice C-680/22 P) |
Case T-651/20 KL v EIB
Civil service – Personnel of the EIB – Unjustified absences – Failure to report for medical examination – Action for annulment and for damages
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:512 (Appeal: Case before the Court of Justice C-704/22 P) |
Case T-751/20 KL v EIB
Civil service – EIB staff – Sick leave – Rejection of medical certificates – Unjustified absences – Action for annulment and for damages
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:514 (Appeal: Case before the Court of Justice C-705/22 P) |
Case T-40/21 Slovakia v Commission
EAGF – Expenditure excluded from financing – Absence of procedures for recovery of aid overpaid – Procedural safeguards – Article 52(4)(a) of Regulation (EU) No 1306/2013 – Article 34(2) of Implementing Regulation (EU) No 908/2014
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:515 |
Case T-123/21 Stowarzyszenie chłodnictwa klimatyzacji i pomp ciepła v Commission
Environment – Regulation (EU) No 517/2014 – Fluorinated greenhouse gases – Placement on the market – Release for free circulation – Electronic registry for quotas for placing hydrofluorocarbons on the market – Decision to register – Authorisation to use a quota
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Judgment of the General Court (First Chamber) of 7 September 2022 ECLI:EU:T:2022:506 |
Case T-155/21 Völkl v EUIPO – Marker Dalbello Völkl (International) (Völkl)
EU trade mark – Invalidity proceedings – EU figurative mark Völkl – Earlier EU word mark Völkl – Earlier EU word mark VÖLKL – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 7 September 2022 ECLI:EU:T:2022:518 |
Case T-156/21 Völkl v EUIPO – Marker Dalbello Völkl (International) (Marker Völkl)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark Marker Völkl – Earlier EU word mark VÖLKL – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods – Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 7 September 2022 ECLI:EU:T:2022:519 |
Case T-217/21 SB v eu-LISA
Civil service – Contract staff – Staff of eu-LISA – Dismissal decision at the end of the probationary period – Obligation to state reasons – Normal probationary conditions – Right to be heard – Procedural irregularities – Duty of care – Manifest error of assessment – Principle of sound administration
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Judgment of the General Court (Eighth Chamber) of 7 September 2022 ECLI:EU:T:2022:524 (Appeal: Case before the Court of Justice C-648/22 P) |
Case T-341/21 Rauff-Nisthar v Commission
Civil service – Officials – Open Competition EPSO/AD/371/19 – Non-inclusion on the reserve list – Irregularities in the conduct of the tests liable to distort the result – Equal treatment – Manifest error of assessment – New plea
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Judgment of the General Court (Fourth Chamber) of 7 September 2022 ECLI:EU:T:2022:516 |
Case T-353/21 KTM Fahrrad v EUIPO – KTM (R2R)
EU trade mark – Revocation proceedings – EU word mark R2R – Declaration of revocation – Genuine use of the trade mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Proper reason for non-use
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Judgment of the General Court (Ninth Chamber) of 7 September 2022 ECLI:EU:T:2022:527 |
Case T-448/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech COVID-19 vaccines – Action for annulment – Express decision adopted after implied refusal of access – No lis pendens on account of the inadmissibility of another action – Partial refusal of access – Exceptions relating to the protection of privacy and the integrity of the individual, the protection of legal advice, the protection of the decision-making process and the protection of the commercial interests of a third party
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Judgment of the General Court (Eighth Chamber) of 7 September 2022 ECLI:EU:T:2022:525 |
Case T-507/21 Migadakis v ENISA
Civil service – Members of the temporary staff – Recruitment – Call for expressions of interest – Video examination – Minimum points threshold – Equality of treatment – Whether marking was objective
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Judgment of the General Court (First Chamber) of 7 September 2022 ECLI:EU:T:2022:507 |
Case T-521/21 6Minutes Media v EUIPO – ad pepper media International (ad pepper the e-advertising network)
EU trade mark – Revocation proceedings – EU figurative mark ad pepper the e-advertising network – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 7 September 2022 ECLI:EU:T:2022:520 |
Case T-627/21 Segimerus v EUIPO – Karsten Manufacturing (MONSOON)
EU trade mark – Invalidity proceedings – EU word mark MONSOON – Absolute ground for invalidity – Article 59(1)(b) of Regulation (EU) 2017/1001 – Article 94 of Regulation 2017/1001 – Article 34 of Regulation 2017/1001
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Judgment of the General Court (Tenth Chamber) of 7 September 2022 ECLI:EU:T:2022:530 |
Case T-651/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence concerning the quantity and delivery timings of BioNTech COVID-19 vaccines – Action for annulment – Express decisions adopted after implied refusal of access – No lis pendens on account of the inadmissibility of another action – Total and partial refusal of access – Exceptions relating to the protection of privacy and the integrity of the individual, the protection of legal advice, the protection of the decision-making process and the protection of the commercial interests of a third party
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Judgment of the General Court (Eighth Chamber) of 7 September 2022 ECLI:EU:T:2022:526 |
Case T-699/21 Peace United v EUIPO – 1906 Collins (MY BOYFRIEND IS OUT OF TOWN)
EU trade mark – Revocation proceedings – EU word mark MY BOYFRIEND IS OUT OF TOWN – Declaration of revocation – Absence of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Abuse of rights
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Judgment of the General Court (Ninth Chamber) of 7 September 2022 ECLI:EU:T:2022:528 |
Case T-730/21 Łosowski v EUIPO – Skawiński (KOMBI)
EU trade mark – Invalidity proceedings – EU word mark KOMBI – Earlier EU word mark kombii – Relative ground for invalidity – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Reliance on an individual right to use the name ‘kombi’ under national law
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Judgment of the General Court (Sixth Chamber) of 7 September 2022 ECLI:EU:T:2022:521 |
Case T-754/21 Peace United v EUIPO – 1906 Collins (bâoli)
EU trade mark – Revocation proceedings – EU figurative mark bâoli – Declaration of revocation – Absence of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Abuse of rights
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Judgment of the General Court (Ninth Chamber) of 7 September 2022 ECLI:EU:T:2022:529 |
Case T-9/22 Olimp Laboratories v EUIPO (VITA-MIN MULTIPLE SPORT)
European Union trade mark – Application for the European Union word mark VITA-MIN MULTIPLE SPORT – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 7 September 2022 ECLI:EU:T:2022:522 (Appeal: Case before the Court of Justice C-681/22 P) |
Case T-75/22 Prigozhin v Council
Action for annulment – Common foreign and security policy – Restrictive measures taken against serious human rights violations and abuses – Grounds of the decisions mentioning the applicant’s name as the financier of the Wagner Group – Assessments made in the grounds of the decisions – Acts not open to appeal – Inadmissibility
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Order of the General Court (Fifth Chamber) of 7 September 2022 ECLI:EU:T:2022:534 |
Case T-130/22 Biologische Heilmittel Heel v EUIPO – Esi (TRAUMGEL)
EU trade mark – Opposition proceedings – Application for EU figurative mark TRAUMGEL – Earlier EU word mark Traumeel – Relative ground for refusal – No likelihood of confusion – No similarity of the goods – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 12 September 2022 ECLI:EU:T:2022:574 |
Case T-597/19 Helsingin kaupunki v Commission
State aid – Coach and bus transport – Equipment loan and capital loans granted by the City of Helsinki – Decision declaring the aid incompatible with the internal market and ordering its recovery – Existing aid – Advantage – Application of the private creditor criterion in a market economy test – Public status of the debtor – Taking into account an existing aid scheme – Application of the private investor criterion in a market economy test – Economic continuity – Procedural rights of the interested parties – Article 108(2) TFEU – Obligation to state reasons – General principles of EU law
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 14 September 2022 ECLI:EU:T:2022:554 |
Case T-865/19 Nevinnomysskiy Azot and NAK "Azot" v Commission
Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States – Implementing Regulation (EU) 2019/1688 – Definitive anti-dumping duty – Dumping margin – Determination of the normal value – Adjustments – Construction of the export price – Fair comparison – Injury to the Union industry – Calculation of price undercutting – Sales between related companies – Causal link – Calculation of the injury margin – Injury elimination – ‘Lesser duty’ rule – Use of facts available
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 14 September 2022 ECLI:EU:T:2022:559 (Appeal: Case before the Court of Justice C-725/22 P) |
Case T-575/20 SŽ - Tovorni promet v Commission
Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing Decision on the applicability of Article 34 of Directive 2014/25 on railway freight transport in Slovenia – Direct exposure to competition – Product market definition – Geographic market definition – Assessment of direct exposure to competition – Principle of good administration – Obligation to state reasons
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Judgment of the General Court (Fifth Chamber) of 14 September 2022 ECLI:EU:T:2022:551 |
Case T-775/20 PB v Commission
Public supply contracts – Provision of technical assistance services to the High Judicial Council and the Ukrainian authorities – Irregularities in the procedure for awarding contracts – Recovery of amounts unduly paid – Debit note – Director of the company – Legal basis – Non-contractual liability
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Judgment of the General Court (Second Chamber) of 14 September 2022 ECLI:EU:T:2022:542 (Appeal: Case before the Court of Justice C-721/22 P) |
Joined Cases T-101/21 and T-213/21 Primagra and Mlékárna Hlinsko v Commission
Actions for annulment – European Structural and Investment Funds – ERDF – Cohesion Fund – ESF – Regulation (EU) No 1303/2013 – Letter concerning the follow-up of recommendations set out by the Commission in its audit of alleged conflicts of interest – Act not amenable to review – Preparatory act – Inadmissibility
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Order of the General Court (Third Chamber) of 14 September 2022 ECLI:EU:T:2022:571 |
Case T-179/21 QN v Commission
Civil service – Officials – Appraisal report – 2019 appraisal procedure – Obligation to state reasons – Manifest error of assessment – Duty to have regard for the welfare of officials – Liability
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Judgment of the General Court (Eighth Chamber) of 14 September 2022 ECLI:EU:T:2022:557 (Appeal: Case before the Court of Justice C-720/22 P) |
Joined Cases T-367/21 and T-432/21 Sushi&Food Factor v EUIPO (READY 4YOU)
EU trade mark – Applications for EU figurative marks READY 4YOU – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 14 September 2022 ECLI:EU:T:2022:552 |
Case T-416/21 Itinerant Show Room v EUIPO – Save the Duck (ITINERANT)
EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Similarity – Reputation – Link – Undue advantage – Lack of due cause – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document produced for the first time before the Board of Appeal – Inadmissibility
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Judgment of the General Court (Ninth Chamber) of 14 September 2022 ECLI:EU:T:2022:560 |
Case T-417/21 Itinerant Show Room v EUIPO – Save the Duck (ITINERANT)
EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Similarity – Repute – Link – Unfair advantage – No due cause – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document produced for the first time before the Board of Appeal – Inadmissibility
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Judgment of the General Court (Ninth Chamber) of 14 September 2022 ECLI:EU:T:2022:561 |
Case T-423/21 Gioioso v EUIPO – Maxi Di (MARE GIOIOSO di Sebastiano IMPORT EXPORT)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MARE GIOIOSO di Sebastiano IMPORT EXPORT – Earlier national figurative mark GIOIA DI MARE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Ninth Chamber) of 14 September 2022 ECLI:EU:T:2022:562 |
Case T-498/21 Lotion v EUIPO (BLACK IRISH)
EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 14 September 2022 ECLI:EU:T:2022:543 |
Case T-607/21 Blueroots Technology v EUIPO – Rezk-Salama and Breitlauch (SKILLTREE STUDIOS)
EU trade mark – Invalidity proceedings – EU word mark SKILLTREE STUDIOS – Absolute grounds for refusal – Lack of descriptive character – Distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 14 September 2022 ECLI:EU:T:2022:553 |
Case T-609/21 Privatbrauerei Eichbaum v EUIPO – Anchor Brewing Company (STEAM)
EU trade mark – Revocation proceedings – EU word mark STEAM – Genuine use of the mark – Nature of use – Article 18(1), second subparagraph, heading (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 14 September 2022 ECLI:EU:T:2022:563 |
Case T-686/21 Task Food v EUIPO – Foodtastic (ENERGY CAKE)
EU trade mark – Invalidity proceedings – EU word mark ENERGY CAKE – Declaration of invalidity – Absolute grounds for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Lack of distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/2011)
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Judgment of the General Court (Third Chamber) of 14 September 2022 ECLI:EU:T:2022:545 |
Case T-705/21 Balaban v EUIPO (Stahlwerk)
EU trade mark – Application for the EU word mark STAHLWERK – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 14 September 2022 ECLI:EU:T:2022:546 (Appeal: Case before the Court of Justice C-702/22 P) |
Case T-706/21 Balaban v EUIPO (Stahlwerkstatt)
EU trade mark – Application for the EU word mark Stahlwerkstatt – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 14 September 2022 ECLI:EU:T:2022:548 |
Case T-737/21 Refractory Intellectual Property v EUIPO (e-tech)
EU trade mark – Application for EU word mark e-tech – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 14 September 2022 ECLI:EU:T:2022:544 |
Case T-795/21 Protectoplus v EUIPO (Li-SAFE)
EU trade mark – Application for EU word mark Li-SAFE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Restriction of the goods designated in the trade mark application
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Judgment of the General Court (Third Chamber) of 14 September 2022 ECLI:EU:T:2022:550 |
Case T-518/21 European Paper Packaging Alliance v Commission
Action for annulment – Environment – Commission Guidelines on single-use plastic products – Directive (EU) 2019/904 – Reduction of the impact of certain plastic products on the environment – Act not open to challenge – Inadmissibility
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Order of the General Court (Tenth Chamber) of 15 September 2022 ECLI:EU:T:2022:582 |
Case T-788/21 TDK Foil Italy v Commission
Action for annulment – Commercial policy – Dumping – Imports of aluminium flat-rolled products originating in China – Definitive anti-dumping duty – Independent importer – No individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 19 September 2022 ECLI:EU:T:2022:581 |
Case T-266/21 Casanova v EIB
Civil service – EIB staff – Termination of the contract at the end of the trial period – Lack of competence of the author of the act – Liability – Material damage – Premature claim for damages – Non-material damage
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Judgment of the General Court (Fourth Chamber) of 21 September 2022 ECLI:EU:T:2022:566 |
Case T-700/21 Voco v EUIPO (Shape of packaging)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 21 September 2022 ECLI:EU:T:2022:565 |
Case T-88/22 R Arhs developments v Commission
Interim relief – Public supply contracts – Provision of Development, Implementation, Maintenance/Operations, Advice and Consultancy Services in Accounting/Finance and Financial IT Systems – Rejection of a tenderer’s bid and award of the contract to another tenderer – Application for interim measures – Cancellation of the procurement procedure – Proceedings which have become devoid of purpose – No need to adjudicate
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Order of the President of the General Court of 21 September 2022 ECLI:EU:T:2022:570 |
Case T-624/21 Primagran v EUIPO – Primagaz (prımagran)
EU trade mark – Opposition proceedings – Application for the EU figurative mark prımagran – Earlier EU figurative mark PRIMA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625 – Article 95(1) of Regulation 2017/1001 – Prohibition of reformatio in pejus – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 22 September 2022 ECLI:EU:T:2022:620 (Appeal: Case before the Court of Justice C-735/22 P) |
Case T-134/22 OO v EIB
Civil service – EIB staff – Remuneration – Expatriation allowance reduced by half – Salary statement – Time limit for bringing proceedings – Inadmissibility
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Order of the General Court (Fourth Chamber) of 26 September 2022 ECLI:EU:T:2022:616 |
Case T-421/17 RENV Leino-Sandberg v Parliament
Access to documents – Regulation (EC) No 1049/2001 – Document relating to a decision refusing a third party full access to trilogue tables relating to the proposal for a regulation of the Parliament and of the Council on Europol and repealing Decisions 2009/371/JHA and 2005/681/JHA – Refusal to grant access – Second indent of Article 4(2) of Regulation No 1049/2001 – Exception for the protection of court proceedings and legal advice
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Judgment of the General Court (Ninth Chamber) of 28 September 2022 ECLI:EU:T:2022:592 |
Case T-552/19 OP Malacalza Investimenti v ECB
Access to documents – Decision 2004/258/EC – ECB’s decision to place Banca Carige under temporary administration – Refusal of access – Exception relating to the protection of the confidentiality of information protected as such under EU law – General presumption of confidentiality – Exception relating to the protection of the commercial interests of a particular natural or legal person, including intellectual property – Meaning of confidential information – Obligation to state reasons – Opposition
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Judgment of the General Court (Fourth Chamber) of 28 September 2022 ECLI:EU:T:2022:587 |
Case T-627/20 LAICO v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the applicant’s name on the list – Error of assessment
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Judgment of the General Court (Fifth Chamber) of 28 September 2022 ECLI:EU:T:2022:590 |
Case T-352/21 Oi Dromoi tis Elias v Commission
Institutional law – Selection of partners to carry out Europe Direct (2021-2025) activities in Greece – Call for proposals procedure – Eligibility criteria – Rejection of application
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Judgment of the General Court (Ninth Chamber) of 28 September 2022 ECLI:EU:T:2022:593 |
Case T-454/21 G-Core Innovations v EUIPO – Coretransform (G CORELABS)
EU trade mark – Opposition proceedings – Application for EU figurative mark G CORELABS – Earlier EU figurative mark CORE – 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)
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Judgment of the General Court (Fifth Chamber) of 28 September 2022 ECLI:EU:T:2022:591 (Appeal: Case before the Court of Justice C-732/22 P) |
Case T-517/21 Grieger v Commission
Civil service – Officials – Secondment – Commitment to reassign to a middle management post at the end of the secondment – Request to be reassigned – Interests of the service – Obligation to state reasons – Legitimate expectations – Duty to have regard for the welfare of officials
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Judgment of the General Court (Fourth Chamber) of 28 September 2022 ECLI:EU:T:2022:588 |
Case T-572/21 Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPAL TREE)
EU trade mark – Opposition proceedings – Application for EU word mark COPAL TREE – Earlier national figurative mark COMPAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 28 September 2022 ECLI:EU:T:2022:594 |
Case T-663/21 Zegers v Commission
Civil service – Officials – Retirement pension – Transfer of national pension rights – Condition requiring acquisition before entry into the service of the European Union – Recognition by the national authority of a period after entry into the service of the European Union
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Judgment of the General Court (Fourth Chamber) of 28 September 2022 ECLI:EU:T:2022:589 |
Case T-58/22 Labaš v EUIPO (FRESH)
EU trade mark – Application for the EU figurative mark FRESH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) and (2) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Single Judge) of 28 September 2022 ECLI:EU:T:2022:595 |
October 2022
Case T-761/20 European Dynamics Luxembourg v ECB
Public procurement – Tendering procedure – Exclusion from the procurement procedure – Abnormally low offer – Attempts to unduly influence the decision-making process – Failure to observe the rules on communication – Proportionality – Obligation to state reasons – Misuse of powers – Non-contractual liability
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 (Extracts)
ECLI:EU:T:2022:606 |
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Case T-618/21 WV v CdT
Civil service – Members of the temporary staff – Sick leave – Unjustified absences – Termination of the contract without notice – Article 16 of the CEOS – Article 48(b) of the CEOS – Liability
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 5 October 2022
ECLI:EU:T:2022:603 (Appeal: Case before the Court of Justice C-750/22 P) |
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Case T-502/19 Corneli v ECB
Economic and monetary union – Banking union – Recovery and resolution of credit institutions – Early intervention measures – Decision of the ECB to place Banca Carige under temporary administration – Action for annulment – Action brought by a shareholder – Standing to bring proceedings – Interest separate from that of the bank – Admissibility – Error of law in the determination of the legal basis – Interpretation of national law by the EU Courts in conformity with EU law – Limit – Prohibition on interpreting national law contra legem
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 12 October 2022
ECLI:EU:T:2022:627 (Appeal: Case before the Court of Justice C-777/22 P) (Appeal: Case before the Court of Justice C-789/22 P) |
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Case T-88/21 Paesen v EEAS
Civil service – Official – EEAS staff posted to a third country – Head of delegation – Management trial period – Final assessment report for the management trial period – Act not having an adverse effect – Inadmissibility – Reassignment to a non-management post at EEAS headquarters – Obligation to state reasons – Right to be heard – Conditions for application to heads of delegation of Article 11 of Commission Decision C(2008) 5028/2 of 9 September 2008 on middle management staff – Non-inclusion of documents in the personnel file – Interests of the service – Misuse of powers – Request for assistance – Decision rejecting the request – Liability
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 12 October 2022 (Extracts)
ECLI:EU:T:2022:631 |
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Case T-222/21 Shopify v EUIPO – Rossi and Others (Shoppi)
EU trade mark – Cancellation proceedings – EU figurative mark Shoppi – Earlier EU word mark SHOPIFY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Lack of enhanced distinctiveness of the earlier mark – Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom (Brexit)
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 12 October 2022 (Extracts)
ECLI:EU:T:2022:633 (Appeal: Case before the Court of Justice C-751/22 P) |
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Case T-524/21 Saure v Commission
Access to documents – Regulation (EC) No 1049/2001 – Commission correspondence with AstraZeneca and the German authorities concerning the quantity of COVID-19 vaccines and their delivery times – Exception relating to the protection of court proceedings – Documents having been produced in the context of court proceedings that were closed at the time of adoption of the decision refusing access to those documents – Exception relating to the protection of privacy and the integrity of the individual – Exception relating to the protection of commercial interests of a third party
Language of the case: German
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Judgment of the General Court (Eighth Chamber) of 12 October 2022 (Extracts)
ECLI:EU:T:2022:632 |
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Case T-850/19 Greece v Commission
Language of the case: Greek
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Judgment of the General Court (First Chamber) of 19 October 2022
ECLI:EU:T:2022:638 (Appeal: Case before the Court of Justice C-797/22 P) |
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Case T-273/21 The Bazooka Companies v EUIPO – Bilkiewicz (Shape of a baby’s bottle)
EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a baby’s bottle – Genuine use of the mark – Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use of the mark – Form differing in elements which do not alter the distinctive character – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fifth Chamber) of 26 October 2022 (Extracts)
ECLI:EU:T:2022:675 (Appeal: Case before the Court of Justice C-783/22 P) |
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Information (on unpublished decisions)
Case T-517/19 INTP Homoki v Commission
Interpretation of a judgment – Inadmissibility
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Order of the General Court (Ninth Chamber) of 5 October 2022 ECLI:EU:T:2022:613 |
Case T-711/20 Puma v EUIPO – CMS (CMS Italy)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark CMS Italy – Earlier international figurative marks representing a feline bounding towards the left and earlier international figurative mark PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) – Similarity of the signs – Proof of reputation – Overall assessment
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Judgment of the General Court (Ninth Chamber) of 5 October 2022 ECLI:EU:T:2022:604 |
Case T-168/21 Magnetec v EUIPO (Bleu clair)
EU trade mark – Application for an EU trade mark consisting of a shade of light blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Limitation of goods designated by the trade mark application – Article 49(1) of Regulation 2017/1001 – Requirements of clarity and precision – Article 33(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 5 October 2022 ECLI:EU:T:2022:605 |
Case T-214/21 Múka v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to State aid control procedures – Refusal to grant access – Third indent of Article 4(2) of Regulation No 1049/2001 – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of non-disclosure – Overriding public interest
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 ECLI:EU:T:2022:607 |
Case T-257/21 Basaglia v Commission
Non-contractual liability – Access to documents – Documents relating to research and technological development projects – Decision limiting the request for access and partially refusing access – Partial annulment by the General Court of that decision – Convictions by national courts – Unlawfulness of the conduct complained of – Causal link
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 ECLI:EU:T:2022:608 |
Case T-311/21 SV v EIB
Civil service – EIB staff – Performance appraisal – Promotion – Administrative review – Special procedure applicable to appraisal decisions – Rule of correspondence between the administrative review and the subsequent application – Intensity of the review – Obligation to state reasons – Right to be heard – Manifest error of assessment – Liability
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Judgment of the General Court (Fourth Chamber) of 5 October 2022 ECLI:EU:T:2022:600 |
Case T-429/21 Aldi Einkauf v EUIPO – Cantina sociale Tollo (ALDIANO)
EU trade mark – Invalidity proceedings – EU word mark ALDIANO – Earlier EU word marks and earlier international word registration ALDI – Genuine use of the earlier mark – Article 64 of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 5 October 2022 ECLI:EU:T:2022:601 |
Case T-500/21 Philip Morris Products v EUIPO (TOGETHER. FORWARD.)
EU trade mark – Application for EU word mark TOGETHER. FORWARD. – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 ECLI:EU:T:2022:609 |
Case T-501/21 Philip Morris Products v EUIPO (Representation of angular lines in black and white)
EU trade mark – Application for EU figurative mark representing angular lines in black and white – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 ECLI:EU:T:2022:610 |
Case T-502/21 Philip Morris Products v EUIPO (Representation of black and white lines)
EU trade mark – Application for EU figurative mark representing black and white lines – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 5 October 2022 ECLI:EU:T:2022:611 |
Case T-537/21 bett1.de v EUIPO – XXXLutz Marken (BODY STAR)
EU trade mark – Opposition proceedings – Application for EU word mark BODY STAR – Earlier EU word mark Bodyguard – Earlier national word mark Bodyguard – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 5 October 2022 ECLI:EU:T:2022:596 |
Case T-539/21 the airscreen company v EUIPO – Moviescreens Rental (airframe)
EU trade mark – Invalidity proceedings – Figurative mark airframe – Absolute grounds for refusal – No descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 5 October 2022 ECLI:EU:T:2022:597 |
Case T-599/21 bett1.de v EUIPO – XXXLutz Marken (Body-Star)
EU trade mark – Invalidity proceedings – EU word mark Body-Star – Earlier EU word mark Bodyguard – Relative ground for refusal – Article 60(1)(a) of Regulation (EU) 2017/1001, read in conjunction with Article 8(1)(b) of that regulation
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Judgment of the General Court (Second Chamber) of 5 October 2022 ECLI:EU:T:2022:598 |
Case T-696/21 Les Bordes Golf International v EUIPO – Mast-Jägermeister (LES BORDES)
EU trade mark – Opposition proceedings – Application for the EU figurative mark LES BORDES – Earlier international figurative mark consisting of inter alia a stag’s head – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 5 October 2022 ECLI:EU:T:2022:602 |
Case T-802/21 just-organic.com v EUIPO (JUST ORGANIC)
EU trade mark – Application for the EU figurative mark JUST ORGANIC – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 5 October 2022 ECLI:EU:T:2022:599 |
Case T-1/22 Airoldi Metalli v Commission
Action for annulment – Dumping – Imports of aluminium flat-rolled products originating in China – Imposition of a definitive anti-dumping duty – Importer – Regulatory act entailing implementing measures – Act not of individual concern – Inadmissibility
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Order of the General Court (Fourth Chamber) of 5 October 2022 ECLI:EU:T:2022:618 (Appeal: Case before the Court of Justice C-764/22 P) |
Case T-101/22 OG and Others v Commission
Action for annulment – Delegated Regulation (EU) 2022/503 – Delegated Regulation (EU) 2021/2288 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – Lack of direct concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 7 October 2022 ECLI:EU:T:2022:661 (Appeal: Case before the Court of Justice C-754/22 P) |
Case T-103/22 ON v Commission
Action for annulment – Delegated Regulation (EU) 2021/2288 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement for persons – Restrictions – Lack of direct concern – Inadmissibility
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Order of the General Court (Eighth Chamber) of 7 October 2022 ECLI:EU:T:2022:658 |
Case T-41/22 Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Action for annulment – Parliament resolution on the first anniversary of the de facto abortion ban in Poland – Act not open to challenge – Inadmissibility
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Order of the General Court (Sixth Chamber) of 11 October 2022 ECLI:EU:T:2022:666 |
Case T-83/21 Van Walle v ECDC
Civil service – Members of the temporary staff – ECDC staff members – Decision not to renew a contract – Manifest error of assessment – Misuse of powers – Duty to have regard for the welfare of officials – Right to be heard – Action for annulment and for damages
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Judgment of the General Court (Fourth Chamber) of 12 October 2022 ECLI:EU:T:2022:626 |
Case T-460/21 MCO (IP) v EUIPO – C8 (C2 CYPRUS CASINOS)
European Union trade mark – Opposition proceedings – Application for European Union figurative mark C2 CYPRUS CASINOS – Earlier national figurative mark C8 – Relative ground for refusal – Likelihood of confusion – Interdependence of factors – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Second Chamber) of 12 October 2022 ECLI:EU:T:2022:623 |
Case T-496/21 Vasallo Andrés v Parliament
Institutional law – Petitions Committee of the Parliament – Petition concerning the disciplinary regime for public employees in Spain – Question not coming within the scope of activity of the European Union – Obligation to state reasons – Conflict of interest – Effect of posting the status of a petition on the Parliament’s Internet petitions portal
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Judgment of the General Court (Sixth Chamber) of 12 October 2022 ECLI:EU:T:2022:628 |
Case T-589/21 Serrano Velázquez v Parliament
Institutional law – Petitions Committee of the Parliament – Petition concerning the infringement by the Spanish authorities of EU law in the field of fundamental rights – Decision to dismiss the petition – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 12 October 2022 ECLI:EU:T:2022:629 |
Case T-652/21 L. Oliva Torras v EUIPO – Mecánica del Frío (Vehicle couplings)
Community design – Invalidity proceedings – Registered Community design representing a coupling for connecting refrigeration or air-conditioning equipment to a motor vehicle – Grounds for invalidity – Novelty – Individual character – Articles 5 and 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article 7 of Regulation No 6/2002 – Scope of the application for a declaration of invalidity – Earlier design produced after the filing of the application for a declaration of invalidity – Article 28(1)(b)(i), (v) and (vi) of Regulation (EC) No 2245/2002
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Judgment of the General Court (Ninth Chamber) of 12 October 2022 ECLI:EU:T:2022:634 |
Case T-656/21 H/2 Credit Manager v EUIPO – Hcapital Partners SCR (H/2 CAPITAL PARTNERS)
EU trade mark – Opposition proceedings – Application for the EU word mark H/2 CAPITAL PARTNERS – Earlier EU figurative mark HCapital – Relative ground for refusal – Relevant public – Likelihood of confusion – Similarity of the signs – Similarity of the services – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 12 October 2022 ECLI:EU:T:2022:625 |
Case T-752/21 Associação do Socorro e Amparo v EUIPO – De Bragança (quis ut Deus)
EU trade mark – Revocation proceedings – EU figurative mark quis ut Deus – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 12 October 2022 ECLI:EU:T:2022:630 |
Case T-165/22 Saure v Commission
Action for annulment – Access to documents – Refusal to grant access – Lis pendens – Inadmissibility
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Order of the General Court (Eighth Chamber) of 12 October 2022 ECLI:EU:T:2022:667 |
Case T-55/22 Swords v Commission and ECDC
Action for annulment – Public health – Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic – Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) – Acts not open to challenge – European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC – Plea of illegality – Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 October 2022 ECLI:EU:T:2022:707 |
Case T-416/22 R Fresenius Kabi Austria and Others v Commission
Interim relief – Medicinal products for human use – Directive 2001/83/EC – Marketing authorisations for medicinal products containing the active substance ‘hydroxyethyl starch (HES), solutions for infusion’ – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 18 October 2022 ECLI:EU:T:2022:636 |
Case T-242/17 RENV SC v Eulex Kosovo
Arbitration clause – Common foreign and security policy – Civil international staff of EU international missions – Consecutive fixed-term employment contracts – Internal competition – Non-renewal of a fixed-term contract – Contractual liability – Non-contractual liability – Action for damages – Jurisdiction of the General Court – Admissibility – Procedure by default
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Order of the General Court (Fifth Chamber) of 16 February 2023 ECLI:EU:T:2023:87 |
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Judgment of the General Court (First Chamber) of 19 October 2022 ECLI:EU:T:2022:637 (Appeal: Case before the Court of Justice C-785/22 P) |
Case T-270/20 JS v SRB
Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability
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Judgment of the General Court (Seventh Chamber) of 19 October 2022 ECLI:EU:T:2022:651 |
Case T-271/20 JS v SRB
Civil service – Members of the temporary staff – Time limit for complaints – Admissibility – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Rejection of the request – Absence of prima facie evidence – Duty to have regard for the welfare of staff – Liability
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Judgment of the General Court (Seventh Chamber) of 19 October 2022 ECLI:EU:T:2022:652 |
Case T-347/20 Sogia Ellas v Commission
State aid – Activities linked to the production, processing and marketing of agricultural products – Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences – Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Aid limited to disaster-hit geographical areas – Advantage – Selectivity – Market economy operator principle – Principle of sound administration – Right to be heard – Length of the procedure – Protection of legitimate expectations – Limitation period – Article 17 of Regulation (EU) 2015/1589
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Judgment of the General Court (First Chamber) of 19 October 2022 ECLI:EU:T:2022:639 |
Case T-486/20 H&H v EUIPO – Giuliani (Swisse)
EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights
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Judgment of the General Court (Third Chamber) of 19 October 2022 ECLI:EU:T:2022:642 |
Case T-582/20 Ighoga Region 10 and Others v Commission
State aid – Construction of a hotel and congress centre in Ingolstadt – Decision finding that there is no State aid – Procedural rights of interested parties – Failure to initiate the formal investigation procedure – No serious difficulties
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Judgment of the General Court (Sixth Chamber) of 19 October 2022 ECLI:EU:T:2022:648 |
Case T-624/20 MV v Commission
Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/364/19 (AD 7) – Decision of the Selection Board to exclude the applicant from the next stage of the competition – Competition eligibility requirements – Insufficient professional experience – Obligation to state reasons – Manifest error of assessment – Rules on languages – Equal treatment
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Judgment of the General Court (Seventh Chamber) of 19 October 2022 ECLI:EU:T:2022:653 (Appeal: Case before the Court of Justice C-786/22 P) |
Case T-717/20 Lenovo Global Technology Belgium v EuroHPC Joint Undertaking
Public procurement – Tendering procedure – Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca – Rejection of a tenderer’s bid – Equal treatment – Principle of sound administration – Manifest error of assessment
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Judgment of the General Court (Second Chamber) of 19 October 2022 ECLI:EU:T:2022:640 |
Case T-81/21 Sistem ecologica v Commission
Regulation (EU, Euratom) No 883/2013 – Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the Union – OLAF Communication to national customs authorities – OLAF investigation report – Action for annulment – Act not open to challenge – Claim for compensation – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the General Court (Second Chamber) of 19 October 2022 ECLI:EU:T:2022:641 (Appeal: Case before the Court of Justice C-787/22 P) |
Case T-231/21 Praesidiad v EUIPO – Zaun (Post)
Community design – Invalidity proceedings – Registered Community design representing a post – Ground for invalidity – Failure to comply with the requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Sixth Chamber) of 19 October 2022 ECLI:EU:T:2022:649 (Appeal: Case before the Court of Justice C-780/22 P) |
Case T-275/21 Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern II)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings
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Judgment of the General Court (Tenth Chamber) of 19 October 2022 ECLI:EU:T:2022:654 (Appeal: Case before the Court of Justice C-788/22 P) |
Case T-323/21 Castel Frères v EUIPO – Shanghai Panati (Representation of Chinese characters)
EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character
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Judgment of the General Court (Sixth Chamber) of 19 October 2022 ECLI:EU:T:2022:650 |
Case T-437/21 Greenwich Polo Club v EUIPO – Lifestyle Equities (GREENWICH POLO CLUB)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – Article 71 of Regulation 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Fifth Chamber) of 19 October 2022 ECLI:EU:T:2022:643 |
Case T-466/21 Baumberger v EUIPO – Nube (Lío)
EU trade mark – Invalidity proceedings – European Union figurative mark Lío – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 19 October 2022 ECLI:EU:T:2022:644 |
Case T-467/21 DBM Videovertrieb v EUIPO – Nube (Lío)
EU trade mark – Invalidity proceedings – European Union figurative mark Lío – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 19 October 2022 ECLI:EU:T:2022:645 |
Case T-716/21 Kaczorowska v EUIPO – Groupe Marcelle (MAESELLE)
EU trade mark – Opposition proceedings – Application for the EU figurative mark MAESELLE – Earlier EU figurative mark MARCELLE – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 19 October 2022 ECLI:EU:T:2022:646 |
Case T-718/21 Kaczorowska v EUIPO – Groupe Marcelle (MAESELLE)
EU trade mark – Opposition proceedings – Application for the EU word mark MAESELLE – Earlier EU figurative mark MARCELLE – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 19 October 2022 ECLI:EU:T:2022:647 |
Case T-407/21 R PB v Commission
Interim relief – Public service contracts – Irregularities in the contract award procedure – Recovery of amounts unduly paid – Enforceable decision – Application for interim measures – Urgency – Prima facie case – Balance of interests
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Order of the President of the General Court of 20 October 2022 ECLI:EU:T:2022:655 |
Case T-653/21 Callaway v Commission
Action for annulment – Common agricultural policy – Common catalogue of varieties of agricultural plant species – Plant varieties – Producer of the hemp variety Finola – Areas cultivated in Poland – Hemp varieties eligible for financial support under the common agricultural policy – Tetrahydrocannabinol (THC) content – Authorisation given to Poland to prohibit the marketing of the Finola variety in its territory – Not directly concerned – Inadmissibility
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Order of the General Court (Sixth Chamber) of 20 October 2022 ECLI:EU:T:2022:670 |
Case T-603/21 WO v EPPO
Civil service – Appointment of the European Delegated Prosecutors of the European Public Prosecutor’s Office – Candidates nominated by [confidential] 2 Confidential information omitted. – Refusal by the College of the European Public Prosecutor’s Office to appoint the applicant – No dispute between the Union and one of its servants within the limits and under the conditions laid down in the Staff Regulations and the CEOS – Article 270 TFEU – Manifest lack of jurisdiction
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Order of the General Court (First Chamber) of 25 October 2022 ECLI:EU:T:2022:683 |
Case T-298/20 KD v EUIPO
Civil service – Members of the temporary staff – 2019 Appraisal exercise – Appraisal report – Pre-litigation procedure – Admissibility – Obligation to state reasons – Rights of the defence – Duty of care – Liability – Non-material damage
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Judgment of the General Court (First Chamber) of 26 October 2022 ECLI:EU:T:2022:671 (Appeal: Case before the Court of Justice C-5/23 P) |
Case T-475/20 LE v Commission
Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU
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Judgment of the General Court (First Chamber) of 26 October 2022 ECLI:EU:T:2022:672 (Appeal: Case before the Court of Justice C-781/22 P) |
Case T-714/20 Ovsyannikov v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Error of assessment
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Judgment of the General Court (Fifth Chamber) of 26 October 2022 ECLI:EU:T:2022:674 |
Case T-621/21 Lemken v EUIPO (Shade of sky blue)
EU trade mark – Application for an EU trade mark consisting of a shade of sky blue – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 26 October 2022 ECLI:EU:T:2022:676 |
Case T-668/21 Siremar v Commission
State aid – Maritime transport – Rescue aid – Decision declaring the aid unlawful – Decision declaring the aid in part compatible and in part incompatible with the internal market and ordering its recovery – Service of general economic interest – Obligation to submit a restructuring or liquidation plan – Six-month time limit – Extension – Tax exemption – Advantage – Effect on trade between Member States – Adverse effect on competition – Length of proceedings – Legitimate expectations – Legal certainty – Principle of sound administration
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Judgment of the General Court (Eighth Chamber) of 26 October 2022 ECLI:EU:T:2022:677 (Appeal: Case before the Court of Justice C-9/23 P) |
Case T-776/21 Gameageventures v EUIPO (GAME TOURNAMENTS)
EU trade mark – Application for EU figurative mark GAME TOURNAMENTS – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Descriptive character – Article 7(1)(c) of Regulation 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Right to be heard – Equal treatment – Principle of sound administration
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Judgment of the General Court (Second Chamber) of 26 October 2022 ECLI:EU:T:2022:673 |
November 2022
Case T-246/19 Cambodia and CRF v Commission
Safeguard measures – Rice market – Imports of Indica rice originating in Cambodia and Myanmar/Burma – Regulation (EU) No 978/2012 – Concept of ‘Union producers’ – Concept of ‘like or directly competing products’ – Serious difficulties – Rights of the defence – Essential facts and considerations – Manifest errors of assessment
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 9 November 2022
ECLI:EU:T:2022:694 |
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Case T-655/19 Ferriera Valsabbia and Valsabbia Investimenti v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing of prices – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – Holding of a new hearing attended by the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022
ECLI:EU:T:2022:689 (Appeal: Case before the Court of Justice C-29/23 P) |
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Case T-657/19 Feralpi v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Single, complex and continuous infringement – Evidence of involvement in the cartel – Public distancing – Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 (Extracts)
ECLI:EU:T:2022:691 |
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Case T-667/19 Ferriere Nord v Commission
Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – Decision finding an infringement of Article 65 CS, after expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision taken following the annulment of earlier decisions – New hearing held in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Evidence of involvement in the cartel – Aggravating circumstances – Repeated infringement – Mitigating circumstances – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 (Extracts)
ECLI:EU:T:2022:692 (Appeal: Case before the Court of Justice C-31/23 P) |
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Case T-158/21 Minority SafePack – one million signatures for diversity in Europe v Commission
Law governing the institutions – European citizens’ initiative – ‘Minority SafePack – one million signatures for diversity in Europe’ – Commission communication setting out the reasons for not adopting the proposals for legal acts contained in the European citizens’ initiative – Obligation to state reasons – Equal treatment – Principle of sound administration – Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 9 November 2022
ECLI:EU:T:2022:696 (Appeal: Case before the Court of Justice C-26/23 P) |
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Case T-164/21 QM v EUROPOL
Civil service – Members of the temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Interest of the service – Error in law – Manifest error of assessment – Right to a hearing – Principle of sound administration – Duty to have regard for the interests of officials
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 9 November 2022 (Extracts)
ECLI:EU:T:2022:695 |
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Cases T-122/20 and T-123/20 Sciessent v Commission
Biocidal products – Active substances – Silver zeolite and silver copper zeolite – Refusal of approval for product-types 2 and 7 – Article 4 and Article 19(1)(b) of Regulation (EU) No 528/2012 – Efficacy – Active substances for use in treated articles – Assessment of the efficacy of the treated articles themselves – Competence of the Commission – Principle of non-discrimination – Legal certainty – Legitimate expectations
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 16 November 2022 (Extracts)
ECLI:EU:T:2022:712 |
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Case T-469/20 Netherlands v Commission
Language of the case: Dutch
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 16 November 2022
ECLI:EU:T:2022:713 (Appeal: Case before the Court of Justice C-40/23 P) |
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Case T-275/20 Westfälische Drahtindustrie and Others v Commission
Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Suspension of the obligation to provide a bank guarantee – Payment by instalments on a provisional basis – Judgment annulling the decision in part and setting a fine in an amount identical to the amount of the fine originally imposed – Application of payments made on a provisional basis – Default interest – First paragraph of Article 266 TFEU – Unjust enrichment – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Recovery of undue payments – No legal basis – Unlawfulness
Language of the case: German
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 November 2022
ECLI:EU:T:2022:723 (Appeal: Case before the Court of Justice C-70/23 P) |
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Cases T-279/20 and T-288/20 CWS Powder Coatings and Others v Commission
Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment
Language of the case: German
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 23 November 2022
ECLI:EU:T:2022:725 (Appeal: Case before the Court of Justice C-82/23 P) (Appeal: Case before the Court of Justice C-71/23 P) |
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Joined Cases T-316/14 RENV and T-148/19 PKK v Council
Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022
ECLI:EU:T:2022:727 (Appeal: Case before the Court of Justice C-44/23 P) |
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Case T-101/18 Austria v Commission
State aid – Nuclear industry – Aid planned by Hungary for the development of two new nuclear reactors at the Paks site – Decision declaring the aid compatible with the internal market subject to compliance with certain commitments – Article 107(3)(c) TFEU – Compliance of the aid with EU law other than State aid law – Inextricable link – Promotion of nuclear energy – First paragraph of Article 192 of the Euratom Treaty – Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability – Determination of the economic activity concerned – Market failure – Distortion of competition – Proportionality of the aid – Need for State intervention – Determination of the aid elements – Public procurement procedure – Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Third Chamber) of 30 November 2022 (Extracts)
ECLI:EU:T:2022:728 (Appeal: Case before the Court of Justice C-59/23 P) |
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Case T-401/21 KN v Parliament
Law governing the institutions – Member of the EESC – Discharge procedure in respect of the implementation of the budget of the EESC for the financial year 2019 – Parliament resolution designating the applicant as the perpetrator of psychological harassment – Action for annulment – Act not open to challenge – Inadmissibility – Action for damages – Protection of personal data – Presumption of innocence – Obligation of confidentiality – Principle of good administration – Proportionality – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 30 November 2022
ECLI:EU:T:2022:736 |
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Case T-611/21 ADS L. Kowalik, B. Włodarczyk v EUIPO – ESSAtech (Accessory for wireless remote controls)
Language of the case: Polish
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Judgment of the General Court (Second Chamber) of 30 November 2022
ECLI:EU:T:2022:739 |
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Information (on unpublished decisions)
Case T-161/22 Ortega Montero v Parliament
Civil service – Staff representation – Amendment to the Rules of Procedure of the Staff Committee of Parliament – Appointment of staff representatives to bodies established under the Staff Regulations and to administrative bodies – Article 90(2) of the Staff Regulations – Failure to take a measure required by the Staff Regulations – Prior complaint to the appointing authority – Time limits for instituting proceedings – Out of time – Inadmissibility
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Order of the General Court (Fifth Chamber) of 7 November 2022 ECLI:EU:T:2022:706 |
Case T-672/21 Grupa 'Lew' v EUIPO – Lechwerke (GRUPALEW.)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark GRUPALEW. – Earlier national figurative mark LEW – Relative grounds 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) – Proof of genuine use – Article 10(1) of Delegated Regulation (EU) 2018/625 – Article 71(1) of Delegated Regulation 2018/625 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 8 November 2022 ECLI:EU:T:2022:705 (Appeal: Case before the Court of Justice C-38/23 P) |
Case T-231/22 Growth Finance Plus v EUIPO (doglover)
EU trade mark – Application for EU word mark doglover – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 8 November 2022 ECLI:EU:T:2022:701 |
Case T-232/22 Growth Finance Plus v EUIPO (catlover)
EU trade mark – Application for EU word mark catlover – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Ninth Chamber) of 8 November 2022 ECLI:EU:T:2022:702 |
Case T-656/19 Alfa Acciai v Commission
Competition – Agreements, decisions and concerted practices – Market for reinforcing bars – Decision finding an infringement of Article 65 CS, after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Price fixing – Limiting and controlling output and sales – Decision adopted following the annulment of earlier decisions – New hearing in the presence of the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Reasonable time – Obligation to state reasons
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 9 November 2022 ECLI:EU:T:2022:690 (Appeal: Case before the Court of Justice C-30/23 P) |
Case T-111/21 Ryanair v Commission (Croatia Airlines; COVID-19)
State aid – Croatian air transport market – Aid granted by Croatia to an airline in the context of the COVID-19 pandemic – Direct grant – Decision not to raise any objections – Action for annulment – Individual concern – Admissibility – Serious difficulties – Aid intended to make good the damage caused by an exceptional occurrence – Equal treatment – Freedom of establishment – Free provision of services – Assessment of the damage – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 9 November 2022 ECLI:EU:T:2022:699 |
Case T-596/21 Société Elmar Wolf v EUIPO – Fuxtec (Representation of the head of an animal)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a head – Earlier national figurative mark representing the head of a canine – Earlier international registration designating the European Union – Figurative mark representing the head of a canine – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No likelihood of confusion
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Judgment of the General Court (Ninth Chamber) of 9 November 2022 ECLI:EU:T:2022:697 |
Case T-601/21 Pharmadom v EUIPO – Wellstat Therapeutics (WELLMONDE)
EU trade mark – Opposition proceedings – Application for EU word mark WELLMONDE – Earlier national word mark WELL AND WELL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 9 November 2022 ECLI:EU:T:2022:687 |
Case T-604/21 WP and Others v Commission
Civil service – Members of the contract staff – Pensions – Pension rights acquired before entry into the service of the EU – Transfer to the EU scheme – Additional years of pensionable service – Application for restitution of the amount of transferred national pension rights – Dismissal of application – ‘Minimum subsistence figure’ rule – Undue enrichment – Equal treatment
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Judgment of the General Court (First Chamber) of 9 November 2022 ECLI:EU:T:2022:686 |
Case T-610/21 L'Oréal v EUIPO – Heinze (K K WATER)
EU trade mark – Opposition proceedings – Application for EU figurative mark K K WATER – Earlier EU figurative mark K – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Tenth Chamber) of 9 November 2022 ECLI:EU:T:2022:700 (Appeal: Case before the Court of Justice C-15/23 P) |
Case T-639/21 CB v EUIPO – China Construction Bank (CCB)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CCB – Earlier EU figurative mark CB – Earlier international registration designating the European Union – Figurative mark CB – Relative grounds for refusal – No likelihood of confusion – Reputation and enhanced distinctiveness of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 9 November 2022 ECLI:EU:T:2022:698 |
Case T-779/21 Financiere Batteur v EUIPO – Leno Beauty (by L.e.n.o beauty)
EU trade mark – Opposition proceedings – Application for the EU figurative mark by L.e.n.o beauty – Earlier national word mark LAINO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 9 November 2022 ECLI:EU:T:2022:693 |
Case T-13/22 Loutsou v EUIPO (POLIS LOUTRON)
EU trade mark – Application for EU figurative mark POLIS LOUTRON – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 9 November 2022 ECLI:EU:T:2022:688 |
Case T-528/22 R Belaruskali v Council
Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 11 November 2022 ECLI:EU:T:2022:709 |
Case T-512/21 Epsilon Data Management v EUIPO – Epsilon Technologies (EPSILON TECHNOLOGIES)
EU trade mark – Revocation proceedings – EU figurative mark EPSILON TECHNOLOGIES – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of the use – Form differing in elements which do not alter the distinctive character – Use in connection with the services in respect of which the mark was registered
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Judgment of the General Court (Second Chamber) of 16 November 2022 ECLI:EU:T:2022:710 |
Case T-796/21 Grupo Eig Multimedia v EUIPO – Globalización de Valores CFC & GCI (FORO16)
EU trade mark – Opposition proceedings – Application for EU figurative mark FORO16 – Earlier EU figurative and word marks Cambio16, Energia16, Cambio16 radio – Earlier national figurative and word marks Camb16, DEFENSA Y SEGURIDAD 16, CAMBIO16 DIGITAL, EVENTOS 16, Salón16 – Relative ground for refusal – Family of marks – No evidence – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 16 November 2022 ECLI:EU:T:2022:711 |
Case T-800/21 Fieldpoint (Cyprus) v EUIPO (HYPERLIGHTOPTICS)
EU trade mark – Application for the EU word mark HYPERLIGHTOPTICS – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 22 November 2022 ECLI:EU:T:2022:753 |
Case T-801/21 Fieldpoint (Cyprus) v EUIPO (HYPERLIGHTEYEWEAR)
EU trade mark – Application for the EU word mark HYPERLIGHTEYEWEAR – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 22 November 2022 ECLI:EU:T:2022:748 |
Case T-72/21 Bowden and Young v Europol
Civil service – Members of the temporary staff – Europol staff – Withdrawal of the United Kingdom from the European Union – Loss of nationality of a Member State – Termination of contract – Article 47(b)(iii) of the CEOS – Request for an exception from the condition of employment provided for in Article 12(2)(a) of the CEOS – Refusal to grant an exception – Obligation to state reasons – Right to be heard – Length of the administrative procedure – Reasonable time – Legitimate expectations – Equal treatment – Interest of the service – Duty of care – Manifest error of assessment
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Judgment of the General Court (First Chamber, Extended Composition) of 23 November 2022 ECLI:EU:T:2022:720 |
Case T-515/21 Zeta Farmaceutici v EUIPO – Specchiasol (EUPHYTOS)
EU trade mark – Invalidity proceedings – EU word mark EUPHYTOS – Earlier EU figurative mark EuPhidra – Proof of genuine use of the earlier mark – Article 56(2) and Article 43(2) of Regulation (EC) No 40/94 (now Article 64(2) and Article 47(2) of Regulation (EU) 2017/1001) – Relevant periods – Submission of evidence for the first time before the Board of Appeal – Discretion of the Board of Appeal – Classification of new or complementary evidence – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Third Chamber) of 23 November 2022 ECLI:EU:T:2022:722 |
Case T-701/21 Allessa v EUIPO – Dumerth (CASSELLAPARK)
EU trade mark – Cancellation proceedings – EU word mark CASSELLAPARK – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – Mark not of such a nature as to mislead the public – Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 23 November 2022 ECLI:EU:T:2022:724 |
Case T-14/22 uwe JetStream v EUIPO (JET STREAM)
EU trade mark – International registration designating the European Union – Word mark JET STREAM – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 23 November 2022 ECLI:EU:T:2022:719 |
Case T-151/22 General Wire Spring v EUIPO (GENERAL PIPE CLEANERS)
EU trade mark – International registration designating the European Union – Word mark GENERAL PIPE CLEANERS – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 23 November 2022 ECLI:EU:T:2022:721 |
Case T-116/22 R Belavia v Council
Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus – Application for suspension of operation of a measure – Lack of urgency
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Order of the President of the General Court of 24 November 2022 ECLI:EU:T:2022:726 |
Case T-379/16 Basicmed Enterprises and Others v Council and Others
Non-contractual liability – Economic and monetary policy – Stability support programme for Cyprus – Decision of the Governing Council of the ECB on the provision of emergency liquidity following a request by the Central Bank of Cyprus – Eurogroup statements of 25 March, 12 April, 13 May and 13 September 2013 concerning Cyprus – Decision 2013/236/EU – Implementing Decision 2013/463/EU – Memorandum of Understanding of 26 April 2013 on specific economic policy conditions between Cyprus and the European Stability Mechanism – Jurisdiction of the General Court – Admissibility – Formal requirements – Exhaustion of domestic remedies – Sufficiently serious breach of a rule of law conferring rights on individuals – Right to property – Legitimate expectations – Equal treatment – Action brought in part before a court which manifestly lacks jurisdiction to hear and determine the case, in part manifestly inadmissible and in part manifestly lacking any foundation in law
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Order of the General Court (First Chamber, Extended Composition) of 30 November 2022 ECLI:EU:T:2022:770 |
Case T-698/16 Trasta Komercbanka and Others v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Death of an applicant – No need to adjudicate in part – Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism – Equal treatment – Proportionality – Legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 30 November 2022 ECLI:EU:T:2022:737 (Appeal: Case before the Court of Justice C-103/23 P) (Appeal: Case before the Court of Justice C-90/23 P) |
Case T-221/21 Italy v Commission
EAGF and EAFRD – Expenditure excluded from financing – Area-related aid scheme – Financial corrections – Definition of ‘permanent grasslands’ – Article 4(1)(h) of Regulation (EU) No 1307/2013 – Article 5(3) of Delegated Regulation (EU) No 499/2014
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Judgment of the General Court (First Chamber) of 30 November 2022 ECLI:EU:T:2022:729 |
Case T-612/21 ADS L. Kowalik, B. Włodarczyk v EUIPO – ESSAtech (Accessory for wireless remote controls)
Community design – Invalidity proceedings – Registered Community design representing an accessory for a wireless remote control – Ground for invalidity – Features of appearance of a product which are solely dictated by its technical function – Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 – Facts or evidence submitted for the first time before the Board of Appeal – Article 63(2) of Regulation No 6/2002 – Obligation to state reasons – Article 41(1) and (2)(c) of the Charter of Fundamental Rights
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Judgment of the General Court (Second Chamber) of 30 November 2022 ECLI:EU:T:2022:731 |
Case T-678/21 Mendes v EUIPO – Actial Farmaceutica (VSL3TOTAL)
EU trade mark – Invalidity proceedings – EU word mark VSL3TOTAL – Earlier EU word mark VSL#3 – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Ninth Chamber) of 30 November 2022 ECLI:EU:T:2022:738 (Appeal: Case before the Court of Justice C-42/23 P) |
Case T-780/21 Lila Rossa Engros v EUIPO (LiLAC)
EU trade mark – Application for EU figurative mark LiLAC – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 30 November 2022 ECLI:EU:T:2022:732 |
Case T-12/22 Hasco TM v EUIPO – Esi (NATURCAPS)
EU trade mark – Invalidity proceedings – EU word mark NATURCAPS – Earlier national word mark NATURKAPS – No genuine use of the earlier trade mark – Article 64(2) of Regulation (EU) 2017/1001 – Classification of pharmaceutical products and food supplements
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Judgment of the General Court (Third Chamber) of 30 November 2022 ECLI:EU:T:2022:733 |
Case T-85/22 Korporaciya 'Masternet' v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU word mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown
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Judgment of the General Court (Third Chamber) of 30 November 2022 ECLI:EU:T:2022:734 |
Case T-155/22 Korporaciya 'asternet' v EUIPO – Stayer Ibérica (STAYER)
EU trade mark – Revocation proceedings – EU figurative mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown
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Judgment of the General Court (Third Chamber) of 30 November 2022 ECLI:EU:T:2022:735 |
December 2022
Case T-275/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Powers of the ECB – Investigatory powers – On-site inspections – Article 12 of Regulation (EU) No 1024/2013 – Decision of the ECB to conduct an inspection at the premises of a less significant credit institution – Action for annulment – Challengeable act – Admissibility – Competence of the ECB – Obligation to state reasons – Elements capable of justifying an inspection – Article 106 of the Rules of Procedure – Request for a hearing without a statement of reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:781 (Appeal: Case before the Court of Justice C-99/23 P) |
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Case T-301/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 6(5)(b) of Regulation (EU) No 1024/2013 – Need for the ECB’s direct supervision of a less significant credit institution – Request by the national competent authority – Article 68(5) of Regulation (EU) No 468/2014 – ECB decision classifying PNB Banka as a significant entity subject to its direct prudential supervision – Obligation to state reasons – Proportionality – Rights of the defence – Access to the administrative file – Report laid down in Article 68(3) of Regulation No 468/2014 – Article 106 of the Rules of Procedure – Request for a hearing lacking a statement of reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:774 (Appeal: Case before the Court of Justice C-100/23 P) |
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Case T-330/19 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Article 22 of Directive 2013/36/EU – Opposition of the ECB to the acquisition of qualifying holdings in a credit institution – Starting point of the assessment period – Intervention by the ECB during the initial stage of the procedure – Criteria of financial stability of the proposed acquirer and compliance with prudential requirements – Existence of reasonable grounds for opposing the acquisition on the basis of one or more assessment criteria – Article 106 of the Rules of Procedure – Request for a hearing without a statement of reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:775 (Appeal: Case before the Court of Justice C-101/23 P) |
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Case T-130/21 CCPL and Others v Commission
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:778 |
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Case T-487/21 Neoperl v EUIPO (Representation of a cylindrical sanitary insert)
EU trade mark – Application for the EU trade mark representing a cylindrical sanitary insert – Tactile position mark – Absolute grounds for refusal – Scope of the law – Court acting of its own motion – Examination of distinctive character by the Board of Appeal – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Sign not capable of constituting an EU trade mark – Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign – Article 4 and Article 7(1)(a) of Regulation No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation 2017/1001)
Language of the case: German
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:780 (Appeal: Case before the Court of Justice C-64/23 P) (Appeal: Case before the Court of Justice C-93/23 P) |
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Case T-709/21 WhatsApp Ireland v European Data Protection Board
Action for annulment – Protection of personal data – Draft decision of the lead supervisory authority – Resolution of disputes between supervisory authorities by the European Data Protection Board – Binding decision – Article 60(4) and Article 65(1)(a) of Regulation (EU) 2016/679 – Act not open to challenge – Preparatory act – Lack of individual concern
Language of the case: English
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Order of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022
ECLI:EU:T:2022:783 (Appeal: Case before the Court of Justice C-97/23 P) |
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Case T-111/20 PT Wilmar Bioenergi Indonesia and Others v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 3(1)(a) of Regulation (EU) 2016/1037 – Financial contribution – Article 3(2) of Regulation 2016/1037 – Benefit – Article 7(1)(a) of Regulation 2016/1037 – Calculation of the amount of the countervailable subsidy – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 28(5) of Regulation 2016/1037 – Use of available information – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 8(8) of Regulation 2016/1037 – Threat of material injury to the Union industry – Article 8(5) and (6) of Regulation 2016/1037 – Causal link – Attribution analysis – Non-attribution analysis
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022
ECLI:EU:T:2022:809 |
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Case T-143/20 PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022
ECLI:EU:T:2022:811 (Appeal: Case before the Court of Justice C-112/23 P) |
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Case T-713/20 REC OQ v Commission
Rectification
Language of the case: Croatian
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Order of the General Court (Tenth Chamber) of 14 December 2022
ECLI:EU:T:2022:831 |
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Case T-296/21 SU v EIOPA
Civil service – Members of the temporary staff – Contract for a fixed period – Non-renewal – Renewal procedure – Taking into account of appraisal reports – Non-finalised appraisal report – Liability – Material damage – Loss of opportunity – Non-material damage – Unlimited jurisdiction – Implementation of a judgment of the General Court
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 14 December 2022
ECLI:EU:T:2022:808 |
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Case T-312/21 SY v Commission
Language of the case: German
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Judgment of the General Court (Seventh Chamber) of 14 December 2022 (Extracts)
ECLI:EU:T:2022:814 |
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Case T-530/21 Pierre Lannier v EUIPO – Pierre Lang Trading (PL)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing the superposed capital letters ‘P’ and ‘L’ – Earlier EU figurative mark representing a mirror image combination of the superposed capital letters ‘P’ and ‘L’ – Admissibility of the appeal before the Board of Appeal – Locus standi – 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)
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 14 December 2022 (Extracts)
ECLI:EU:T:2022:818 |
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Case T-626/20 Landwärme v Commission
Language of the case: German
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:853 |
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Case T-746/20 Grünig v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duties – Exemption of imports for a particular end-use – Action for annulment – Severability – Regulatory act entailing implementing measures – Whether directly concerned – Challengeable act – Admissibility – First subparagraph of Article 9(5) of Regulation (EU) 2016/1036 – Duty imposed on a non-discriminatory basis – Equal treatment
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:836 |
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Case T-747/20 EOC Belgium v Commission
Dumping – Imports of certain polyvinyl alcohols originating in the China – Definitive anti-dumping duties – Exemption of imports for a particular end-use – Action for annulment – Severability – Regulatory act entailing implementing measures – Direct concern – Challengeable act – Admissibility – First subparagraph of Article 9(5) of Regulation (EU) 2016/1036 – Duty imposed on a non-discriminatory basis – Equal treatment
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:837 |
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Case T-260/21 E. Breuninger v Commission
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:833 (Appeal: Case before the Court of Justice C-124/23 P) |
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Case T-306/21 Falke v Commission
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:834 (Appeal: Case before the Court of Justice C-127/23 P) |
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Case T-330/21 EWC Academy v Commission
Social policy – Grants for actions to promote corporate governance initiatives – Call for proposals VP/2020/008 – Exclusion of European works councils not having legal personality – Article 197(2)(c) of Regulation (EU) 2018/1046
Language of the case: German
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Judgment of the General Court (Ninth Chamber) of 21 December 2022
ECLI:EU:T:2022:854 |
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Case T-525/21 E. Breuninger v Commission
Action for annulment – State aid – Framework scheme to establish a federal compensation scheme in Germany for losses caused by lockdown decisions – Decision not to raise any objections – Aid to make good the damage caused by natural disasters or other exceptional occurrences – No interest in bringing proceedings – Inadmissibility
Language of the case: German
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Judgment of the General Court (Second Chamber, Extended Composition) of 21 December 2022
ECLI:EU:T:2022:835 |
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Case T-702/21 Ekobulkos v Commission
State aid – Production of electricity from renewable sources – Complaint – Action for failure to act – Call to act – Admissibility – Obligation to act – None
Language of the case: Bulgarian
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Judgment of the General Court (First Chamber) of 21 December 2022
ECLI:EU:T:2022:842 |
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Information (on unpublished decisions)
Case T-640/22 R Westpole Belgium v Parliament
Interim measures – Public service contracts – External provision for IT services – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 6 December 2022 ECLI:EU:T:2022:771 |
Case T-230/20 PNB Banka v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the ECB – Decision to withdraw the authorisation of the credit institution PNB Banka – Proposal of the national competent authority to withdraw authorisation – Insolvency decision in respect of PNB Banka – Reasonable time – Obligation to state reasons – Proportionality
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Judgment of the General Court (Tenth Chamber) of 7 December 2022 ECLI:EU:T:2022:782 (Appeal: Case before the Court of Justice C-102/23 P) |
Case T-537/20 Lithuania v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure by Lithuania – Aid for early retirement – Article 52(2) of Regulation (EU) No 1306/2013 – Article 34(6) and Article 35(1) of Implementing Regulation (EU) No 908/2014
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Judgment of the General Court (Seventh Chamber) of 7 December 2022 ECLI:EU:T:2022:777 |
Case T-566/21 Steinbach International v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – No individual concern – Inadmissibility
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Order of the General Court (First Chamber) of 7 December 2022 ECLI:EU:T:2022:792 |
Case T-623/21 Puma v EUIPO – Vaillant (Puma)
EU trade mark – Opposition proceedings – Application for EU word mark Puma – Earlier EU figurative mark PUMA – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 7 December 2022 ECLI:EU:T:2022:776 (Appeal: Case before the Court of Justice C-94/23 P) |
Case T-721/21 Sunrise Medical and Sunrise Medical Logistics v Commission
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility
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Order of the General Court (First Chamber) of 7 December 2022 ECLI:EU:T:2022:791 |
Case T-738/21 Bora Creations v EUIPO (essence)
EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Single Judge) of 7 December 2022 ECLI:EU:T:2022:779 |
Case T-747/21 Borussia VfL 1900 Mönchengladbach v EUIPO – Neng (Fohlenelf)
EU trade mark – Revocation proceedings – EU word mark Fohlenelf – Genuine use of the mark – Article 58(1)(a), Article 94(1) and Article 97(1)(d) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 7 December 2022 ECLI:EU:T:2022:773 |
Case T-159/22 Sanetview v EUIPO – 2boca2catering (Las Cebras)
EU trade mark – Opposition proceedings – Application for EU figurative mark Las Cebras – Earlier national figurative mark LEZEBRA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 7 December 2022 ECLI:EU:T:2022:772 |
Case T-769/21 Euranimi v Commission
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in China and Taiwan – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility
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Order of the General Court (Third Chamber) of 8 December 2022 ECLI:EU:T:2022:786 (Appeal: Case before the Court of Justice C-95/23 P) |
Case T-311/22 AMO Development v EUIPO (IMedical instruments)
Community designs – Community designs representing medical instruments – No application for renewal – Cancellation of the designs on expiry of the registration – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002 – Duty to take due care – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 9 December 2022 ECLI:EU:T:2022:822 |
Case T-586/14 RENV II Xinyi PV Products (Anhui) Holdings v Commission
Dumping – Imports of solar glass originating in China – Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) – Right to access confidential documents – Manifest error of assessment – Rights of the defence
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Judgment of the General Court (First Chamber) of 14 December 2022 ECLI:EU:T:2022:799 |
Case T-126/20 Autoridad Portuaria de Bilbao v Commission
State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Selective nature – Effect on trade between Member States – Distortion of competition – Appropriate measures
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Judgment of the General Court (Fifth Chamber) of 14 December 2022 ECLI:EU:T:2022:812 (Appeal: Case before the Court of Justice C-110/23 P) |
Case T-138/20 PT Ciliandra Perkasa v Commission
Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022 ECLI:EU:T:2022:810 |
Case T-526/20 Devin v EUIPO – Haskovo Chamber of Commerce and Industry (DEVIN)
EU trade mark – Invalidity proceedings – EU word mark DEVIN – Absolute grounds for refusal – Descriptive character – Geographical name – Not contrary to public policy – Mark not of such a nature as to mislead the public – Article 7(1)(c), (f) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(c), (f) and (g) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) – Cross-claim
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Judgment of the General Court (Ninth Chamber) of 14 December 2022 ECLI:EU:T:2022:816 (Appeal: Case before the Court of Justice C-77/23 P) |
Case T-533/20 Green Power Technologies v Key Digital Technologies Joint Undertaking
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreements – Eligible costs – OLAF report finding certain expenditure incurred to be ineligible – Recovery of sums paid – Burden of proof – Regulation (EU, Euratom) No 883/2013 – Counterclaim
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Judgment of the General Court (Fourth Chamber) of 14 December 2022 ECLI:EU:T:2022:805 |
Case T-687/20 Jinan Meide Casting and Others v Commission
Dumping – Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China – Reimposition of a definitive anti-dumping duty – Legal certainty – Legitimate expectations – Non-retroactivity – Article 10 of Regulation (EC) No 1225/2009 (now Article 10 of Regulation (EU) 2016/1036) – Proportionality – Registration of imports – Article 14(5) of Regulation No 1225/2009 (now Article 14(5) of Regulation 2016/1036)
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Judgment of the General Court (Second Chamber) of 14 December 2022 ECLI:EU:T:2022:802 |
Case T-753/20 Green Power Technologies v Commission
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – Eligible costs – OLAF report finding certain expenses incurred to be ineligible – Repayment of sums paid – Burden of proof – Regulation (EU, Euratom) No 883/2013 – Obligation to state reasons – Unjust enrichment – Action for annulment – OLAF report – Act not open to challenge – Inadmissibility
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Judgment of the General Court (Fourth Chamber) of 14 December 2022 ECLI:EU:T:2022:806 |
Case T-182/21 PKK v Council
Common foreign and security policy – Restrictive measures imposed on the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Applicability to situations of armed conflict – Terrorist group – Factual basis of the decisions to freeze funds – Decision taken by a competent authority – Authority of a third State – Review – Obligation to state reasons – Proportionality – Rights of the defence – Right to effective judicial protection
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Judgment of the General Court (Fourth Chamber) of 14 December 2022 ECLI:EU:T:2022:807 (Appeal: Case before the Court of Justice C-72/23 P) |
Case T-358/21 Hotel Cipriani v EUIPO – Altunis (CIPRIANI FOOD)
EU trade mark – Revocation proceedings – EU figurative mark CIPRIANI FOOD – Genuine use of a mark – Nature of use – Article 18(1)(a) of Regulation (EU) 2017/1001 – Extent of use – Article 58(1)(a) and (2) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 14 December 2022 ECLI:EU:T:2022:817 |
Case T-440/21 TM v ECB
Civil service – ECB staff – Recruitment – Vacancy notice – Procedure for filling a post of [confidential] 2 Confidential information redacted. – Selection criteria – Professional experience – Rejection of application – Appointment of another candidate – Obligation to state reasons – Manifest error of assessment – Misuse of powers – Interests of the service – Liability – Material and non-material damage
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Judgment of the General Court (First Chamber) of 14 December 2022 ECLI:EU:T:2022:800 |
Case T-490/21 Vanhoudt v EIB
Civil service – EIB staff – Recruitment – Vacancy notice – Rejection of application – Appointment of another candidate – Obligation to state reasons – Irregularity in the recruitment procedure – Manifest error of assessment – Liability
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Judgment of the General Court (First Chamber) of 14 December 2022 ECLI:EU:T:2022:801 (Appeal: Case before the Court of Justice C-106/23 P) |
Case T-553/21 Agrarfrost v EUIPO – McCain (Shape of a smiley)
EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a smiley – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use – No alteration of distinctive character
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Judgment of the General Court (Sixth Chamber) of 14 December 2022 ECLI:EU:T:2022:813 |
Case T-636/21 Eurol v EUIPO – Pernsteiner (eurol LUBRICANTS)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark eurol LUBRICANTS – Earlier national word mark EUROLLUBRICANTS – Proof of genuine use of the earlier mark – Articles 15 and 57 of Regulation (EC) No 207/2009 (now Articles 18 and 64 of Regulation (EU) 2017/1001) – Use with the trade mark proprietor’s consent – No alteration of distinctive character – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 14 December 2022 ECLI:EU:T:2022:804 |
Case T-717/21 ICA Traffic v Commission
Action for annulment – Public procurement – Negotiated procedure without prior publication of a contract notice – Supply of disinfection robots to European hospitals in the context of the COVID-19 crisis – Maximum quantity of goods to be supplied under a framework contract – Act forming part of a purely contractual framework – Act not amenable to review – Inadmissibility
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Order of the General Court (First Chamber) of 14 December 2022 ECLI:EU:T:2022:827 |
Case T-18/22 Nemport Liman İşletmeleri Ve Özel Antrepo Nakliye Ticaret v EUIPO – Newport Europe (NEMPORT LİMAN İŞLETMELERİ)
EU trade mark – Opposition proceedings – Application for EU figurative mark NEMPORT LİMAN İŞLETMELERİ – Earlier EU word mark Newport – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 14 December 2022 ECLI:EU:T:2022:815 |
Case T-46/22 Esedra v Parliament
Public service contracts – Tender procedure – Full management of the Parliament’s early childhood centre in Brussels – Rejection of a tenderer’s tender – Abnormally low tender – Compliance of a tender with the conditions laid down in the specifications – Obligation to state reasons – Manifest errors of assessment
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Judgment of the General Court (Second Chamber) of 14 December 2022 ECLI:EU:T:2022:803 |
Case T-110/22 Kremer v Commission
Civil service – Members of the contract staff – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Crediting of additional years of pensionable service – Action for annulment – Request for repayment of transferred capital which has not given rise to a crediting of additional years of pensionable service – Time limit for complaints – Unjust enrichment – Manifest inadmissibility
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Order of the General Court (Tenth Chamber) of 14 December 2022 ECLI:EU:T:2022:826 |
Case T-111/22 Baert v Commission
Civil service – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Crediting of additional years of pensionable service – Action for annulment – Request for repayment of transferred capital which has not given rise to a crediting of additional years – Time limit for complaints – Unjust enrichment – Manifest inadmissibility
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Order of the General Court (Tenth Chamber) of 14 December 2022 ECLI:EU:T:2022:823 |
Case T-751/21 EMS v EUIPO (AIRFLOW)
Action for annulment – EU trade mark – International registration designating the European Union – Word mark AIRFLOW – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Third Chamber) of 16 December 2022 ECLI:EU:T:2022:856 |
Case T-522/21 XH v Commission
Staff case – Officials – Promotion – 2020 promotion exercise – Decision refusing to amend the applicant’s Sysper 2 file – Decision not to promote the applicant – Time limits for lodging an appeal – Public policy nature – Starting point – Application for legal aid – Suspension of time limits – Computation of time limits – Lateness – Unforeseeable circumstances or force majeure – Excusable error – Inadmissibility
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Order of the General Court (Fourth Chamber) of 19 December 2022 ECLI:EU:T:2022:867 (Appeal: Case before the Court of Justice C-91/23 P) |
Case T-19/22 Piaggio & C. v EUIPO – Zhejiang Zhongneng Industry Group (Shape of a scooter)
EU trade mark – Invalidity proceedings – European Union three-dimensional mark – Shape of a scooter – Cross-claim – Application for alteration – Request for the Court to issue directions – Partial inadmissibility – Partial jurisdiction
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Order of the General Court (Third Chamber) of 20 December 2022 ECLI:EU:T:2022:859 |
Case T-617/17 RENV Vialto Consulting v Commission
Non-contractual liability – Instrument for Pre-accession Assistance – Investigation by OLAF – On-site inspection – Irregularities and failures allegedly committed by the Commission – Right to be heard – Non-material damage – Causal link
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Judgment of the General Court (Seventh Chamber) of 21 December 2022 ECLI:EU:T:2022:851 |
Case T-537/18 Vialto Consulting v Commission
Instrument for Pre-accession Assistance – Grants – Investigations by OLAF – Administrative penalty – Exclusion, for a period of two years, from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union – Obligation to state reasons – Article 7(1) of Regulation (EC) No 2185/96 – Principle of good administration – Legitimate expectations – Unlimited jurisdiction – Proportionality of the penalty
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Judgment of the General Court (Seventh Chamber) of 21 December 2022 ECLI:EU:T:2022:852 (Appeal: Case before the Court of Justice C-130/23 P) |
Case T-250/19 Tradición CZ v EUIPO – Rivero Argudo (TRADICIÓN CZ, S.L.)
EU trade mark – Opposition proceedings – Application for the EU word mark TRADICIÓN CZ, S.L. – Earlier EU word mark RIVERO CZ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 21 December 2022 ECLI:EU:T:2022:838 |
Case T-127/21 Swissgrid v Commission
Action for annulment – Energy – European platforms for the exchange of standard products for balancing energy – Switzerland’s participation – Article 1(6) and (7) of Regulation (EU) 2017/2195 – Commission’s letter refusing the participation of the Swiss transmission system operator – Act not open to challenge – Inadmissibility
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Order of the General Court (Third Chamber) of 21 December 2022 ECLI:EU:T:2022:868 (Appeal: Case before the Court of Justice C-121/23 P) |
Case T-187/21 Firearms United Network and Others v Commission
REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence
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Judgment of the General Court (Fifth Chamber) of 21 December 2022 ECLI:EU:T:2022:848 (Appeal: Case before the Court of Justice C-105/23 P) |
Case T-187/21 RII Firearms United Network and Others v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
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Order of the President of the General Court of 21 December 2022 ECLI:EU:T:2022:855 |
Case T-242/21 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (First Chamber) of 21 December 2022 ECLI:EU:T:2022:839 |
Case T-243/21 Pshonka v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the General Court (First Chamber) of 21 December 2022 ECLI:EU:T:2022:840 |
Case T-554/21 European Lotto and Betting v EUIPO – Tipp24 Services (Cash4Life)
EU trade mark – Invalidity proceedings – EU word mark Cash4Life – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 21 December 2022 ECLI:EU:T:2022:841 |
Case T-644/21 Pharmadom v EUIPO – Wellbe Pharmaceuticals (WellBe PHARMACEUTICALS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark WellBe PHARMACEUTICALS – Earlier national word mark WELL AND WELL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
Case T-777/21 Trend Glass v EUIPO (ECO STORAGE)
EU trade mark – Application for EU figurative mark ECO STORAGE – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Obligation to state reasons – Legal certainty – Equal treatment
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Judgment of the General Court (Third Chamber) of 21 December 2022 ECLI:EU:T:2022:846 |
Case T-4/22 Puma v EUIPO – DN Solutions (PUMA)
EU trade mark – Opposition proceedings – Application for the EU figurative mark PUMA – Earlier international figurative mark PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 21 December 2022 ECLI:EU:T:2022:850 (Appeal: Case before the Court of Justice C-145/23 P) |
Case T-43/22 Sanrio v EUIPO – Miroglio Fashion (SANRIO CHARACTERS)
EU trade mark – Opposition proceedings – Application for the EU word mark SANRIO CHARACTERS – Earlier EU word mark CARACTÈRE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 21 December 2022 ECLI:EU:T:2022:844 |
Case T-44/22 International Masis Tabak v EUIPO – Philip Morris Brands (Representation of a pack of cigarettes)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a pack of cigarettes – Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 21 December 2022 ECLI:EU:T:2022:843 |
Case T-118/22 OM v Commission
Civil service – Members of the temporary staff – Recruitment – Vacancy notice – Rejection of application – Appointment of another candidate – Position of Member of the Regulatory Scrutiny Board – Obligation to state reasons – Infringement of the vacancy notice – Legitimate expectation – Equal treatment – Manifest error of assessment
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Judgment of the General Court (Fifth Chamber) of 21 December 2022 ECLI:EU:T:2022:849 (Appeal: Case before the Court of Justice C-98/23 P) |
Case T-129/22 Simba Toys v EUIPO – Master Gift Import (BIMBA TOYS)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIMBA TOYS – Earlier international word and figurative marks Simba – Earlier trade name Simba Toys GmbH & Co. KG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Comparison of the goods – Article 8(4) of Regulation 2017/1001 – Proximity of the economic sectors
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Judgment of the General Court (Second Chamber) of 21 December 2022 ECLI:EU:T:2022:845 |
Case T-264/22 Suicha v EUIPO – Michael Kors (Switzerland) International (MK MARKTOMI MARKTOMI)
EU trade mark – Invalidity proceedings – EU figurative mark MK MARKTOMI MARKTOMI – Earlier EU figurative mark MK MICHAEL KORS – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 21 December 2022 ECLI:EU:T:2022:861 (Appeal: Case before the Court of Justice C-120/23 P) |
Case T-692/21 AL v Commission
Civil service – OLAF investigation – Acts adopted by OLAF – Identification of the defendant – No act adversely affecting the applicant – Article 76(d) of the Rules of Procedure – Inadmissibility
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Order of the General Court (Fourth Chamber) of 22 December 2022 ECLI:EU:T:2022:862 |
January 2023
Case T-346/21 Hecht Pharma v EUIPO – Gufic BioSciences (Gufic)
EU trade mark – Revocation proceedings – EU word mark Gufic – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Public and outward use – Extent of use – Nature and form of use – Use in connection with the goods in respect of which the mark was registered
Language of the case: German
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Judgment of the General Court (Fifth Chamber) of 11 January 2023 (Extracts)
ECLI:EU:T:2023:2 (Appeal: Case before the Court of Justice C-142/23 P) |
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Case T-33/21 Romania v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Romania – National Rural Development Programme 2007-2013 – Methods for calculating the support rates relating to sub-measure ‘1a’ of measure 215 – Welfare payments for ‘fattening pigs’ and ‘gilts’ – Increase of at least 10% of the available space allocated to each animal – Obligation to state reasons – Legitimate expectations – Legal certainty – Legal classification of the facts – Article 12(6) and (7) of Delegated Regulation (EU) No 907/2014 – Guidelines on the calculation of financial corrections in the framework of the conformity and financial clearance of accounts procedures
Language of the case: Romanian
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Judgment of the General Court (Fourth Chamber) of 18 January 2023
ECLI:EU:T:2023:5 |
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Case T-163/21 De Capitani v Council
Access to documents – Regulation (EC) No 1049/2001 – Documents concerning an ongoing legislative procedure – Council working groups – Documents concerning a legislative proposal to amend Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Partial refusal to grant access – Action for annulment – Interest in bringing proceedings – Admissibility – First subparagraph of Article 4(3) of Regulation No 1049/2001 – Exception relating to the protection of the decision-making process
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 25 January 2023
ECLI:EU:T:2023:15 |
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Information (on unpublished decisions)
Case T-50/22 AL v Council and Commission
Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Article 2 of Annex VII to the Staff Regulations – Conditions for grant – Withdrawal of entitlement to the allowance – Recovery of undue payments – Article 91a of the Staff Regulations – Delegation to the PMO by the Commission – Action brought against the delegating institution – Inadmissibility
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Order of the General Court (Fourth Chamber) of 17 January 2023 ECLI:EU:T:2023:11 |
Case T-443/21 YAplus DBA Yoga Alliance v EUIPO – Vidyanand (YOGA ALLIANCE INDIA INTERNATIONAL)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark YOGA ALLIANCE INDIA INTERNATIONAL – Earlier EU figurative mark yoga ALLIANCE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (Ninth Chamber) of 18 January 2023 ECLI:EU:T:2023:7 |
Case T-528/21 Neratax v EUIPO – Intrum Hellas and Others (ELLO ERMOL, Ello creamy, ELLO, MORFAT Creamy and MORFAT)
EU trade mark – Invalidity proceedings – EU word marks ELLO and MORFAT and EU figurative marks ELLO ERMOL, Ello creamy and MORFAT Creamy – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 18 January 2023 ECLI:EU:T:2023:4 |
Case T-726/21 Rolex v EUIPO – PWT (Device of a crown)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a crown – Earlier EU figurative marks representing a crown and ROLEX – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No injury to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 18 January 2023 ECLI:EU:T:2023:6 |
Case T-758/21 Dorsum v EUIPO – id Quantique (Clavis)
EU trade mark – Opposition proceedings – Application for EU word mark Clavis – Earlier EU word mark CLAVIS – Failure to identify the earlier trade mark in the notice of opposition – Conditions for admissibility of the opposition
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Judgment of the General Court (First Chamber) of 18 January 2023 ECLI:EU:T:2023:3 |
Case T-166/22 Seifert v Council
Action for annulment – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Measures concerning Russian nationals, natural persons residing in Russia and legal persons, entities and bodies established in Russia – No legal interest in bringing proceedings – Inadmissibility
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Order of the General Court (First Chamber) of 18 January 2023 ECLI:EU:T:2023:13 |
Case T-515/22 Zanker v Court of Justice of the European Union
Action for annulment – Manifest lack of jurisdiction – Manifest inadmissibility
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Order of the General Court (First Chamber) of 18 January 2023 ECLI:EU:T:2023:8 |
Case T-1/23 R Enmacc v Commission
Interim relief – Public supply contracts – Services for the organisation of demand aggregation and tendering of gas under the EU Energy Platform – Application for interim measures – Weighing of interests
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Order of the President of the General Court of 27 March 2023 ECLI:EU:T:2023:163 |
Case T-500/22 R Vleuten Insects and New Generation Nutrition v Commission
Interim relief – Food safety – Novel foods – Regulation (EU) 2015/2283 – Marketing authorisation for Alphitobius diaperinus larva – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 20 January 2023 ECLI:EU:T:2023:14 |
Case T-640/16 RENV GEA Group v Commission
Competition – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxidised soybean oil and esters as their base – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Admissibility – Interest in bringing proceedings – Fines – Limitation period – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Rights of the defence – Right to a hearing – Equal treatment – Date by which the fine is payable in the event of amendment – Statement of reasons
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Judgment of the General Court (Third Chamber) of 25 January 2023 ECLI:EU:T:2023:18 |
Case T-666/21 Società Navigazione Siciliana v Commission
State aid – Maritime transport – Exemption in part from registration duties payable for the transfer of business between undertakings – Decision declaring the aid to be illegal and incompatible with the internal market and ordering its recovery – Advantage – Recipient of the aid – Service of general economic interest – Obligation to state reasons – Non-contractual liability – Excessive length of the procedure
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Judgment of the General Court (Eighth Chamber) of 25 January 2023 ECLI:EU:T:2023:20 |
Case T-703/21 Zielonogórski Klub Żużlowy Sportowa v EUIPO – Falubaz Polska (FALUBAZ)
EU trade mark – Invalidity proceedings – EU word mark FALUBAZ – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 25 January 2023 ECLI:EU:T:2023:19 (Appeal: Case before the Court of Justice C-199/23 P) |
Case T-785/21 SC Ha Ha Ha Production v EUIPO – The Smiley Company (SMILEY)
Action for annulment – EU trade mark – Opposition proceedings – Application for EU word mark SMILEY – Earlier EU word marks SMILEY, SMILEY TV and SMILEY – Cross-claim – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Seventh Chamber) of 25 January 2023 ECLI:EU:T:2023:44 |
Case T-805/21 NS v Parliament
Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Misuse of powers and abuse of procedure
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Judgment of the General Court (Tenth Chamber) of 25 January 2023 ECLI:EU:T:2023:22 (Appeal: Case before the Court of Justice C-218/23 P) |
Case T-320/22 Scania CV v EUIPO (V8)
EU trade mark – Application for EU figurative mark V8 – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 2017/1001
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Judgment of the General Court (Eighth Chamber) of 25 January 2023 ECLI:EU:T:2023:21 |
Case T-351/22 De Dietrich Process Systems v EUIPO – Koch-Glitsch (SCHEIBEL)
EU trade mark – Invalidity proceedings – EU word mark SCHEIBEL – Absolute ground for invalidity – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 25 January 2023 ECLI:EU:T:2023:16 |
Case T-352/22 De Dietrich Process Systems v EUIPO – Koch-Glitsch (KARR)
EU trade mark – Invalidity proceedings – EU word mark KARR – Absolute ground for invalidity – Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 25 January 2023 ECLI:EU:T:2023:17 |
February 2023
Case T-295/20 Aquind and Aquind Energy v Commission
Energy – Trans-European energy infrastructure – Regulation (EU) No 347/2013 – Delegated regulation amending the list of projects of common interest – Second paragraph of Article 172 TFEU – Refusal of a Member State to give its approval to a proposed electricity interconnector with a view to granting the status of a project of common interest – Non-inclusion by the Commission of the project in the amended list – Obligation to state reasons – Principle of good administration – Equal treatment – Legal certainty – Legitimate expectations – Proportionality – Article 10 of the Energy Charter Treaty
Language of the case: English
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Judgment of the General Court (Second Chamber) of 8 February 2023
ECLI:EU:T:2023:52 |
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Case T-522/20 Carpatair v Commission
State aid – Aviation sector – Measures implemented by Romania in favour of Timișoara Airport – Measures implemented by Timișoara Airport in favour of Wizz Air and airlines using that airport – Decision finding, in part, that there was no State aid in favour of Timișoara Airport and airlines using that airport – Airport charges – Action for annulment – Regulatory act – Individual concern – Substantial effect on competitive position – Direct concern – Interest in bringing proceedings – Admissibility – Article 107(1) TFEU – Selective nature – Advantage – Private operator test
Language of the case: English
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Rectification order of 13 July 2023
ECLI:EU:T:2023:404 |
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 8 February 2023
ECLI:EU:T:2023:51 (Appeal: Case before the Court of Justice C-244/23 P) (Appeal: Case before the Court of Justice C-245/23 P) (Appeal: Case before the Court of Justice C-246/23 P) |
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Case T-606/20 Austrian Power Grid and Others v ACER
Energy – Internal market in electricity – Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 15 February 2023
ECLI:EU:T:2023:64 (Appeal: Case before the Court of Justice C-281/23 P) |
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Case T-607/20 Austrian Power Grid and Others v ACER
Energy – Internal market in electricity – Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 15 February 2023
ECLI:EU:T:2023:65 (Appeal: Case before the Court of Justice C-282/23 P) |
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Case T-742/20 UPL Europe and Indofil Industries (Netherlands) v Commission
Plant protection products – Active substance mancozeb – Non-renewal of approval – Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 – Procedure for assessing the application for renewal of approval of an active substance – Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union – Rights of the defence – Principle of sound administration – Manifest error of assessment – Procedure for harmonised classification and labelling – Regulation (EC) No 1272/2008 – Legitimate expectations
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 15 February 2023 (Extracts)
ECLI:EU:T:2023:74 (Appeal: Case before the Court of Justice C-262/23 P) |
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Case T-492/21 Aquind and Others v ACER
Energy – Competence of the ACER – Withdrawal of the United Kingdom from the European Union – Error of law – Article 2(1) of Regulation (EU) 2019/943 – Article 92 of the Withdrawal Agreement – Ad hoc exemption regime under Article 308 of and Annex 28 to the Trade and Cooperation Agreement
Language of the case: English
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Judgment of the General Court (Second Chamber) of 15 February 2023
ECLI:EU:T:2023:67 |
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Case T-536/21 Belaeronavigatsia v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘person responsible for repression’ – Error of assessment – Proportionality
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 15 February 2023
ECLI:EU:T:2023:66 |
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Information (on unpublished decisions)
Case T-164/20 BG v Parliament
Civil service – Accredited parliamentary assistants – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the Parliament and its prevention at the workplace – Right to be heard – Refusal to disclose the report of the Advisory Committee – Liability – Non-material harm
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Judgment of the General Court (Eighth Chamber) of 1 February 2023 ECLI:EU:T:2023:35 |
Case T-659/20 SJ v Commission
Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing decision on the applicability of Article 34 of Directive 2014/25 to railway passenger transport in Sweden – Rights of the defence – Right to be heard
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Judgment of the General Court (Fifth Chamber) of 1 February 2023 ECLI:EU:T:2023:32 |
Case T-354/21 ClientEarth v Commission
Access to documents – Regulation (EC) No 1049/2001 – Control system for ensuring compliance with the rules of the common fisheries policy – Regulation (EC) No 1224/2009 – Documents concerning the implementation of fisheries control in Denmark and France – Partial refusal of access – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Overriding public interest – Aarhus Convention – Regulation (EC) No 1367/2006
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Judgment of the General Court (Sixth Chamber) of 1 February 2023 ECLI:EU:T:2023:34 (Appeal: Case before the Court of Justice C-249/23 P) |
Case T-365/21 TJ v EEAS
Civil service – EEAS staff – Recruitment – Vacancy notice – Rejection of application – Article 98 of the Staff Regulations – Concept of ‘staff from national diplomatic services of the Member States’ – Liability
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Judgment of the General Court (First Chamber) of 1 February 2023 ECLI:EU:T:2023:25 |
Case T-470/21 Klymenko v Council
Non-contractual liability – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – List of the persons, entities and bodies subject to the freezing of funds and economic resources – Limitation – Partial inadmissibility – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Non-material damage – Fact of damage – Causal link
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Judgment of the General Court (First Chamber) of 1 February 2023 ECLI:EU:T:2023:26 |
Case T-558/21 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (fino)
EU trade mark – Opposition proceedings – Application for the EU figurative mark fino Cyprus Halloumi Cheese – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 1 February 2023 ECLI:EU:T:2023:27 |
Case T-565/21 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (Papouis Halloumi)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Papouis Halloumi – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 1 February 2023 ECLI:EU:T:2023:28 |
Case T-568/21 Harbaoui v EUIPO – Google (GC GOOGLE CAR)
EU trade mark – Opposition proceedings – Application for the EU figurative mark GC GOOGLE CAR – Earlier EU word mark GOOGLE – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Single Judge) of 1 February 2023 ECLI:EU:T:2023:37 |
Case T-569/21 Harbaoui v EUIPO – Google (GOOGLE CAR)
EU trade mark – Opposition proceedings – Application for the EU word mark GOOGLE CAR – Earlier EU word mark GOOGLE – Relative ground for refusal – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Single Judge) of 1 February 2023 ECLI:EU:T:2023:38 |
Case T-671/21 NFL Properties Europe v EUIPO – Groupe Duval (DUUUVAL)
EU trade mark – Opposition proceedings – Application for the EU word mark DUUUVAL – Earlier EU figurative mark GROUPE DUVAL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Fifth Chamber) of 1 February 2023 ECLI:EU:T:2023:33 |
Case T-772/21 Brobet v EUIPO – Efbet Partners (efbet)
EU trade mark – Revocation proceedings – EU figurative mark efbet – Genuine use of a mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Article 95 of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Eighth Chamber) of 1 February 2023 ECLI:EU:T:2023:36 |
Case T-117/22 R Grodno Azot and Khimvolokno Plant v Council
Application for interim measures – Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 1 February 2023 ECLI:EU:T:2023:42 |
Case T-253/22 Groschopp v EUIPO (Sustainability through Quality)
EU trade mark – Application for EU word mark Sustainability through Quality – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 1 February 2023 ECLI:EU:T:2023:29 |
Case T-319/22 Krematorium am Waldfriedhof Schwäbisch Hall v EUIPO (aquamation)
EU trade mark – Application for the EU word mark aquamation – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 1 February 2023 ECLI:EU:T:2023:30 |
Case T-349/22 Hacker-Pschorr Bräu v EUIPO – Vandělíková (HACKER SPACE)
EU trade mark – Opposition proceedings – Application for EU word mark HACKER SPACE – Earlier EU word mark HACKER-PSCHORR and earlier EU figurative mark Hacker Pschorr, as well as earlier national word marks HACKERBRÄU and HACKER – Relative ground for refusal – Identification of the ground on which the opposition is based – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – Article 2(2)(c) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Third Chamber) of 1 February 2023 ECLI:EU:T:2023:31 |
Case T-706/22 R Nicoventures Trading and Others v Commission
Interim relief – Public health – Withdrawal of certain exemptions for heated tobacco products – Application for interim measures – No urgency
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Order of the General Court of 2 February 2023 ECLI:EU:T:2023:39 |
Case T-81/22 Euranimi v Commission
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility
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Order of the General Court (Third Chamber) of 7 February 2023 ECLI:EU:T:2023:57 (Appeal: Case before the Court of Justice C-252/23 P) |
Case T-538/21 PBL and WA v Commission
State aid – Aid to a football club – Refusal to register a complaint lodged by one of the members of a football club – Status of interested party
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Judgment of the General Court (First Chamber) of 8 February 2023 ECLI:EU:T:2023:53 (Appeal: Case before the Court of Justice C-224/23 P) |
Case T-787/21 UniSkin v EUIPO – Unicskin (UNISKIN by Dr. Søren Frankild)
EU trade mark – Opposition proceedings – Application for the EU figurative mark UNISKIN by Dr. Søren Frankild – Earlier national figurative mark UNICSKIN YOUR EFFECTIVE SOLUTION – Relative ground for refusal – Likelihood of confusion – Similarity of the goods and services – Distinctive character of the earlier mark – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 8 February 2023 ECLI:EU:T:2023:56 |
Case T-24/22 Bensoussan v EUIPO – Lulu's Fashion Lounge (LOULOU STUDIO)
EU trade mark – Opposition proceedings – Application for European Union word mark LOULOU STUDIO – Earlier international word mark LULU’S – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 8 February 2023 ECLI:EU:T:2023:54 |
Case T-141/22 Sport1 v EUIPO – SFR (SFR SPORT1)
EU trade mark – Opposition proceedings – Application for the EU figurative mark SFR SPORT 1 – Earlier national and international figurative marks sport1 – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Interdependence between factors
Case T-778/21 Folkertsma v Commission
Action for damages – Contract for technical assistance for support to Bangsamoro transition (Subatra) – Commission’s request to have the applicant replaced as expert – Termination of the contract between the successful tenderer and the applicant – Non-contractual liability – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 9 February 2023 ECLI:EU:T:2023:58 |
Case T-266/22 Aziz v Commission
Action for annulment – Protection of personal data – Regulation (EU) 2018/1725 – Article 76(d) of the Rules of Procedure – Failure to comply with procedural requirements – Inadmissibility
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Order of the General Court (Sixth Chamber) of 9 February 2023 ECLI:EU:T:2023:81 |
Case T-286/22 Aziz v Commission
Action for annulment – Protection of personal data – Regulation (EU) 2018/1725 – Article 76(d) of the Rules of Procedure – Failure to comply with procedural requirements – Inadmissibility
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Order of the General Court (Sixth Chamber) of 9 February 2023 ECLI:EU:T:2023:82 |
Case T-595/22 R Ferreira de Macedo Silva v Frontex
Interim relief – Civil service – Members of the temporary staff – Dismissal before the end of the probationary period – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 14 February 2023 ECLI:EU:T:2023:79 |
Case T-175/21 RH v Commission
Instrument for Pre-Accession Assistance – Financial Regulation – Investigation by OLAF – Commission decision imposing an administrative penalty – Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Entry on the database of the early detection and exclusion system – Grave professional misconduct – Manifest error of assessment – Non-contractual liability – Sufficiently serious breach of a rule of law conferring rights on individuals
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Judgment of the General Court (Tenth Chamber) of 15 February 2023 ECLI:EU:T:2023:77 |
Case T-684/21 Mostostal v EUIPO – Polimex - Mostostal (MOSTOSTAL)
EU trade mark – Invalidity proceedings – EU word mark MOSTOSTAL – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 15 February 2023 ECLI:EU:T:2023:68 |
Case T-741/21 LG Electronics v EUIPO – ZTE Deutschland (V10)
EU trade mark – Invalidity proceedings – EU word mark V10 – Absolute ground for refusal – Alphanumeric sign – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 15 February 2023 ECLI:EU:T:2023:78 (Appeal: Case before the Court of Justice C-250/23 P) |
Case T-8/22 Topcart v EUIPO – Carl International (TC CARL)
EU trade mark – Opposition proceedings – Application for the EU figurative mark TC CARL – Earlier national figurative mark carl touch – 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)
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Judgment of the General Court (Third Chamber) of 15 February 2023 ECLI:EU:T:2023:70 (Appeal: Case before the Court of Justice C-270/23 P) |
Case T-77/22 Asesores Comunitarios v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the recovery and resilience plan submitted by a Member State to the Commission – Documents originating from a Member State – Refusal to grant access – Exception relating to the financial, monetary or economic policy of the European Union or of a Member State
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Judgment of the General Court (Second Chamber) of 15 February 2023 ECLI:EU:T:2023:69 |
Case T-82/22 Bambu Sales v EUIPO (BAMBU)
EU trade mark – Application for European Union word mark BAMBU – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 15 February 2023 ECLI:EU:T:2023:75 |
Case T-204/22 Rimini Street v EUIPO (OTHER COMPANIES DO SOFTWARE WE DO SUPPORT)
EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 15 February 2023 ECLI:EU:T:2023:76 |
Case T-260/22 Freixas Montplet and Others v Committee of the Regions
Civil service – Officials – Promotion – 2021 promotion exercise – Decision not to place the applicant’s name on the list of officials eligible for promotion – Date of assessment of seniority in grade – Article 45(1) of the Staff Regulations – Equal treatment
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Judgment of the General Court (Fourth Chamber) of 15 February 2023 ECLI:EU:T:2023:71 |
Case T-341/22 Deutsche Bank v EUIPO – Operación y Auditoria (avanza Tu negocio)
EU trade mark – Opposition proceedings – Application for the EU figurative mark avanza Tu negocio – Earlier national figurative mark Avanza Credit de Deutsche Bank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 15 February 2023 ECLI:EU:T:2023:73 |
Case T-357/22 Das Neves v Commission
Civil service – Officials – Disciplinary proceedings – Warning – Article 21 of the Staff Regulations – Rights of the defence – Liability
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Judgment of the General Court (Fifth Chamber) of 15 February 2023 ECLI:EU:T:2023:72 |
Case T-526/19 RENV Nord Stream 2 v Parliament and Council
Procedural issue – Request for removal of documents
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Order of the General Court (Fifth Chamber) of 17 February 2023 ECLI:EU:T:2023:85 |
Case T-693/20 Hansol Paper v Commission
Dumping – Imports of certain heavyweight thermal paper originating in South Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Sales through related companies – Construction of the export price – Injury to the Union industry – Calculation of price undercutting – Calculation of the injury margin – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 17 February 2023 ECLI:EU:T:2023:83 (Appeal: Case before the Court of Justice C-257/23 P) |
Case T-170/22 R-RENV Telefónica de España v Commission
Interim relief – Public supply contracts – Trans-European Services for Telematics between Administrations (TESTA) – Application for interim measures – No prima facie case
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Order of the Vice-President of the General Court of 28 February 2023 ECLI:EU:T:2023:89 (Appeal: Case before the Court of Justice C-141/23 P(R)) |
March 2023
Case T-301/20 Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Dumping – Imports of certain woven or stitched glass fibre fabrics originating in China and Egypt – Implementing Regulation (EU) 2020/492 – Definitive anti-dumping duty – Calculation of the normal value – Article 2(5) of Regulation (EU) 2016/1036 – Manifest error of assessment – Injury – Calculation of the undercutting margin
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 1 March 2023
ECLI:EU:T:2023:93 (Appeal: Case before the Court of Justice C-261/23 P) |
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Case T-480/20 Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Subsidies – Imports of certain woven or stitched glass fibre fabrics originating in China and Egypt – Implementing Regulation (EU) 2020/776 – Definitive countervailing duty – Calculation of the subsidy amount – Attributability of the subsidy – Rights of the defence – Manifest error of assessment – Import duty drawback scheme – Tax treatment of foreign exchange losses – Calculation of the undercutting margin
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 1 March 2023 (Extracts)
ECLI:EU:T:2023:90 (Appeal: Case before the Court of Justice C-269/23 P) |
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Case T-540/20 Jushi Egypt for Fiberglass Industry v Commission
Subsidies – Imports of continuous filament glass fibre products originating in Egypt – Implementing Regulation (EU) 2020/870 – Definitive countervailing duty and definitive collection of the provisional countervailing duty – Rights of the defence – Attributability of the subsidy – Manifest error of assessment – Import duty drawback scheme – Tax treatment of foreign exchange losses – Calculation of the undercutting margin
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 1 March 2023 (Extracts)
ECLI:EU:T:2023:91 (Appeal: Case before the Court of Justice C-272/23 P) |
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Case T-324/21 Harley-Davidson Europe and Neovia Logistics Services International v Commission
Customs union – Regulation (EU) No 952/2013 – Determination of the non-preferential origin of certain motorcycles manufactured by Harley-Davidson – Commission Implementing Decision requesting the revocation of decisions relating to binding origin information adopted by the national customs authorities – Concept of ‘processing or working operations which are not economically justified’ – Right to be heard
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 1 March 2023
ECLI:EU:T:2023:101 (Appeal: Case before the Court of Justice C-297/23 P) |
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Case T-235/21 Bulgaria v Commission
Language of the case: Bulgarian
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Judgment of the General Court (First Chamber) of 8 March 2023
ECLI:EU:T:2023:105 (Appeal: Case before the Court of Justice C-294/23 P) |
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Case T-426/21 Assaad v Council
Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Errors of assessment – Retroactivity – Legitimate expectations – Legal certainty – Force of res judicata
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 8 March 2023
ECLI:EU:T:2023:114 |
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Cases T-825/19 and T-826/19 Tazzetti v Commission
Environment ‐ Regulation (EU) No 517/2014 ‐ Fluorinated greenhouse gases ‐ Electronic registry for quotas for placing hydrofluorocarbons on the market – Undertakings with the same beneficial owner – Single producer or importer – Act having an adverse effect – Interest in bringing proceedings – Admissibility – Request to modify the application – Inadmissibility – Plea of illegality – Interpretation of an implementing regulation consistent with the basic regulation – Implementing power of the Commission
Language of the case: Italian
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Judgment of the General Court (First Chamber, Extended Composition) of 22 March 2023 (Extracts)
ECLI:EU:T:2023:148 |
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Case T-72/20 Satabank v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Regulation (EU) No 468/2014 – Supervised entity – Composite administrative procedure – Denial of access to the file – Directive 2004/258/EC – Access to ECB documents
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 22 March 2023
ECLI:EU:T:2023:149 |
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Case T-617/21 B&Bartoni v EUIPO – Hypertherm (Electrode to insert into a torch)
Community design – Invalidity proceedings – Registered Community design representing an electrode to insert into a torch – Ground for invalidity – Article 4(2) of Regulation (EC) No 6/2002 – Component part of a complex product
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 22 March 2023
ECLI:EU:T:2023:152 |
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Case T-868/19 Nouryon Industrial Chemicals and Others v Commission
REACH – Evaluation of registration dossiers and compliance check of information provided by registrants – Request for further studies for the purposes of the registration dossier for dimethyl ether – Pre-natal developmental toxicity study – Extended one-generation reproductive toxicity study – Dose-range finding study – Article 51(7) of Regulation (EC) No 1907/2006 – Animal testing – Article 25 of Regulation No 1907/2006 – Manifest error of assessment – Proportionality
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 29 March 2023 (Extracts)
ECLI:EU:T:2023:168 (Appeal: Case before the Court of Justice C-353/23 P) |
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Case T-142/21 Wizz Air Hungary v Commission (Blue Air; COVID-19 and rescue aid)
State aid – Romanian air transport market – Aid granted by Romania to Blue Air in the context of the COVID-19 pandemic – Blue Air rescue aid – Loan guaranteed by the Romanian State – Decision not to raise any objections – Action for annulment – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Taking avoidable costs into account – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Article 107(3)(c) TFEU – Contribution of the aid to an objective of common interest – ‘One time, last time’ condition for rescue aid – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 29 March 2023 (Extracts)
ECLI:EU:T:2023:164 |
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Information (on unpublished decisions)
Case T-552/21 Worldwide Brands v EUIPO – Wan (CAMEL)
EU trade mark – Revocation proceedings – EU word mark CAMEL – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation (EU) 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Genuine use of the mark – Article 58(1)(a) of Regulation 2017/1001 – No assessment of some of the evidence submitted
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Judgment of the General Court (Third Chamber) of 1 March 2023 ECLI:EU:T:2023:98 |
Case T-25/22 Canai Technology v EUIPO – Trend Fin (HE&ME)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark HE&ME – Earlier Benelux word mark ME – Relative ground for refusal – Similarity of the signs – Weak distinctive character of the earlier mark – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 1 March 2023 ECLI:EU:T:2023:99 (Appeal: Case before the Court of Justice C-280/23 P) |
Case T-36/22 Romedor Pharma v EUIPO – Perfect Care Distribution (PERFECT FARMA CERVIRON)
EU trade mark – Invalidity proceedings – EU figurative mark PERFECT FARMA CERVIRON – Non-registered earlier national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 1 March 2023 ECLI:EU:T:2023:94 (Appeal: Case before the Court of Justice C-274/23 P) |
Case T-37/22 Romedor Pharma v EUIPO – Perfect Care Distribution (Cerviron)
EU trade mark – Invalidity proceedings – EU word mark Cerviron – Non-registered earlier national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 1 March 2023 ECLI:EU:T:2023:95 (Appeal: Case before the Court of Justice C-275/23 P) |
Case T-38/22 Romedor Pharma v EUIPO – Perfect Care Distribution (CERVIRON perfect care)
EU trade mark – Invalidity proceedings – European Union figurative mark CERVIRON perfect care – Earlier unregistered national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 1 March 2023 ECLI:EU:T:2023:96 (Appeal: Case before the Court of Justice C-276/23 P) |
Case T-102/22 Transgourmet Ibérica v EUIPO – Aldi (Gourmet)
EU trade mark – Invalidity proceedings – EU figurative mark Gourmet – Earlier national word mark GOURMET – Relative ground for invalidity – Distinctive character of earlier mark – Genuine use of the earlier mark – Form differing in elements which alter the distinctive character
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Judgment of the General Court (Eighth Chamber) of 1 March 2023 ECLI:EU:T:2023:100 |
Case T-217/22 Lifestyle Equities v EUIPO – Greenwich Polo Club (GREENWICH POLO CLUB GPC 2002)
EU trade mark – Invalidity proceedings – EU figurative mark GREENWICH POLO CLUB GPC 2002 – Earlier EU figurative mark BEVERLY HILLS POLO CLUB – Relative ground for invalidity – No likelihood of confusion – No similarity of the goods – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 1 March 2023 ECLI:EU:T:2023:92 |
Case T-295/22 Crush Series Publishing v EUIPO – Mediaproduccion (The Crush Series)
EU trade mark – Opposition proceedings – Application for EU figurative mark The Crush Series – Earlier EU figurative mark CRUSH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 1 March 2023 ECLI:EU:T:2023:97 |
Case T-743/22 R Mazepin v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Prima facie case – Urgency – Weighing up of interests
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Order of the President of the General Court of 1 March 2023 ECLI:EU:T:2023:102 |
Case T-100/22 Ciar v EUIPO – Motion (Dispositif d’inclinaison/levage)
Action for annulment – Community design – Invalidity proceedings – Registered Community design representing a tilting/lifting device – Cross-claim – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Seventh Chamber) of 7 March 2023 ECLI:EU:T:2023:128 |
Case T-94/20 Campine and Campine Recycling v Commission
Non-contractual liability – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – Decision finding an infringement of Article 101 TFEU – Judgment partially annulling the decision and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Rate of default interest
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:110 (Appeal: Case before the Court of Justice C-306/23 P) |
Case T-100/21 Sánchez-Gavito León v Council and Commission
International Cotton Advisory Committee – Decision (EU) 2017/876 – Staff of an international organisation to which the European Union has acceded – Agreement on the applicant’s conditions of departure – Actions for failure to act – Absence in part of invitation to act – No standing to bring proceedings – Inadmissibility – Liability – Causal link
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Judgment of the General Court (Ninth Chamber) of 8 March 2023 ECLI:EU:T:2023:109 |
Case T-372/21 Sympatex Technologies v EUIPO – Liwe Española (Sympathy Inside)
EU trade mark – Opposition proceedings – Application for EU word mark Sympathy Inside – Earlier EU word mark INSIDE. – 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) – Genuine use of the earlier mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) – No alteration of distinctive character
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Judgment of the General Court (Eighth Chamber) of 8 March 2023 ECLI:EU:T:2023:111 |
Case T-759/21 Société des produits Nestlé v EUIPO – The a2 Milk Company (A2)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark A 2 – Earlier international registration – Figurative mark THE a2 MILK COMPANY THE a2 MILK COMPANY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 8 March 2023 ECLI:EU:T:2023:108 |
Case T-763/21 SE v Commission
Civil service – Members of the temporary staff – Recruitment – Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:113 (Appeal: Case before the Court of Justice C-309/23 P) |
Case T-65/22 PS v EIB
Civil service – EIB staff – Social security – Insurance against the risk of accident and of occupational disease – Total and permanent invalidity – Occupational nature of the disease – Contract concluded with an insurance company – Extent of the obligations to be met by the EIB
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Judgment of the General Court (Tenth Chamber) of 8 March 2023 ECLI:EU:T:2023:107 |
Case T-70/22 Novasol v ECHA
REACH – Fee payable for registration of a substance – Reduction granted to SMEs – Verification by ECHA of the declaration relating to the size of the enterprise – Request for evidence demonstrating the status of a SME – Refusal to provide certain information – Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge – Concept of ‘related undertaking’ – Recommendation 2003/361/EC – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 8 March 2023 ECLI:EU:T:2023:106 |
Case T-90/22 Kande Mupompa v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:117 |
Case T-91/22 Ruhorimbere v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:119 |
Case T-92/22 Amisi Kumba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:121 |
Case T-93/22 Ramazani Shadary v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Proof that inclusion and retention on the lists is well founded – Change of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:122 |
Case T-94/22 Mutondo v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Change of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:120 |
Case T-95/22 Kanyama v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:118 |
Case T-96/22 Kampete v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:116 |
Case T-98/22 Boshab v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Restriction on admission to the territories of the Member States – Retention of the applicant’s name on the lists of persons covered – Right to be heard – Proof that inclusion and retention on the lists is well founded – Manifest error of assessment – Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures
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Judgment of the General Court (Fourth Chamber) of 8 March 2023 ECLI:EU:T:2023:115 |
Case T-172/22 Gönenç v EUIPO – Solar (termorad ALUMINIUM PANEL RADIATOR)
EU trade mark – Opposition proceedings – Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR – Earlier Benelux word mark THERMRAD – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 8 March 2023 ECLI:EU:T:2023:112 |
Case T-212/22 Prigozhina v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Inclusion of the applicant’s name on the list – Family of a person responsible for actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine – Concept of ‘association’ – Error of assessment
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Judgment of the General Court (First Chamber) of 8 March 2023 ECLI:EU:T:2023:104 |
Case T-196/22 Mariani v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
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Order of the General Court (Third Chamber) of 14 March 2023 ECLI:EU:T:2023:143 |
Case T-240/22 Lacapelle v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
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Order of the General Court (Third Chamber) of 14 March 2023 ECLI:EU:T:2023:138 |
Case T-241/22 Juvin v Parliament
Action for annulment – Law governing the Institutions – Member of Parliament – Decision excluding from participation in election observation delegations of the Parliament until the end of the term of office – Measure of internal organisation of the work of the Parliament – No effect on the conditions under which the mandate of a Member of Parliament is exercised – Act not open to challenge – Manifest inadmissibility
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Order of the General Court (Third Chamber) of 14 March 2023 ECLI:EU:T:2023:140 |
Case T-254/22 Mordalski v EUIPO – Anita Food (ANITA)
EU trade mark – Invalidity proceedings – EU trade mark that has ceased to exist – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 14 March 2023 ECLI:EU:T:2023:146 (Appeal: Case before the Court of Justice C-321/23 P) |
Case T-597/21 Basaglia v Commission
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Judgment of the General Court (Seventh Chamber) of 15 March 2023 ECLI:EU:T:2023:133 |
Case T-727/21 TO v EUAA
Action for annulment and for damages – Civil service – Temporary staff – Recruitment – External vacancy notice [confidential] 2 Confidential information hidden. – Decision not to extend the validity of a reserve list – Time limit for complaints – Publication on the internet – No excusable error – Inadmissibility
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Judgment of the General Court (Tenth Chamber) of 15 March 2023 ECLI:EU:T:2023:136 (Appeal: Case before the Court of Justice C-317/23 P) |
Case T-89/22 Homy Casa v EUIPO – Albatros International (Chairs)
Community design – Invalidity proceedings – Registered Community design representing a chair – Earlier design – Ground for invalidity – Disclosure of the earlier design – Disclosure via the Internet – Identification of the earlier design – Discretion of the Board of Appeal – Article 63(1) of Regulation (EC) No 6/2002
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Judgment of the General Court (Sixth Chamber) of 15 March 2023 ECLI:EU:T:2023:132 |
Case T-133/22 Katjes Fassin v EUIPO (THE FUTURE IS PLANT-BASED)
EU trade mark – Application for EU word mark THE FUTURE IS PLANT-BASED – Mark consisting of an advertising slogan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 15 March 2023 ECLI:EU:T:2023:129 |
Case T-174/22 Novartis v EUIPO – AstraZeneca (BREZTREV)
EU trade mark – Opposition proceedings – Application for the EU word mark BREZTREV – Earlier EU word marks ONBREZ, DAYBREZ, BREZILIZER and BREEZHALER – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 15 March 2023 ECLI:EU:T:2023:134 |
Case T-175/22 Novartis v EUIPO – AstraZeneca (BREZTRI)
EU trade mark – Invalidity proceedings – EU word mark BREZTRI – Earlier EU word marks ONBREZ, BREZILIZER and BREEZHALER – No likelihood of confusion – Lack of enhanced distinctiveness of the earlier marks – Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 27(3)(b) of Regulation (EU) 2018/625
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Judgment of the General Court (Eighth Chamber) of 15 March 2023 ECLI:EU:T:2023:135 |
Case T-178/22 FA World Entertainment v EUIPO (FUCKING AWESOME)
EU trade mark – International registration designating the European Union – Word mark FUCKING AWESOME – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Legal certainty – Equal treatment – Principle of sound administration
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Judgment of the General Court (Third Chamber) of 15 March 2023 ECLI:EU:T:2023:131 |
Case T-194/22 Zelmotor v EUIPO – B&B Trends (zelmotor)
EU trade mark – Revocation proceedings – EU figurative mark zelmotor – No genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 15 March 2023 ECLI:EU:T:2023:130 |
Case T-366/21 Coinbase v EUIPO – bitFlyer (coinbase)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark coinbase – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 22 March 2023 ECLI:EU:T:2023:156 |
Case T-650/21 Casa International v EUIPO – Interstyle (casa)
EU trade mark – Invalidity proceedings – EU figurative mark casa – Absolute ground for invalidity – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – No distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 22 March 2023 ECLI:EU:T:2023:155 |
Case T-750/21 Beauty Biosciences v EUIPO – Société de Recherche Cosmétique (BIO-BEAUTÉ)
EU trade mark – Invalidity proceedings – EU word mark BIO-BEAUTÉ – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – No distinctive character – Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) – Distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) – Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001) – Obligation to state reasons – Article 75, first sentence, of Regulation No 207/2009 (now Article 94(1), first sentence, of Regulation 2017/1001)
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Judgment of the General Court (First Chamber) of 22 March 2023 ECLI:EU:T:2023:147 |
Case T-5/22 Puma v EUIPO – Brooks Sports (Representation of a band with an acute angle)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a band with an acute angle – Earlier EU and national figurative marks representing a band – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 8(5) of Regulation 2017/1001 – Legal certainty – Equal treatment – Principle of sound administration
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Judgment of the General Court (Third Chamber) of 22 March 2023 ECLI:EU:T:2023:150 (Appeal: Case before the Court of Justice C-345/23 P) |
Case T-21/22 NY v Commission
Civil service – Officials – Commission’s internal security investigation – Alleged acts of violence by the Commission’s security personnel – Prohibition of entry into buildings – Confiscation of service pass – Claim for compensation – Dismissal of the claim – Principle of good administration – Right to integrity and dignity – Error of assessment – Duty to have regard for the welfare of officials
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Judgment of the General Court (Fourth Chamber) of 22 March 2023 ECLI:EU:T:2023:153 |
Case T-113/22 Colombani v EEAS
Civil service – Officials – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Rights of the defence – Error of assessment – Misuse of powers – Amicable settlement – Lack of consent – Retroactive promotion decision
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Judgment of the General Court (Fifth Chamber) of 22 March 2023 ECLI:EU:T:2023:154 (Appeal: Case before the Court of Justice C-343/23 P) |
Case T-306/22 Fun Factory v EUIPO – I Love You (love you so much)
EU trade mark – Opposition proceedings – Application for EU word mark love you so much – Earlier EU figurative mark I LOVE YOU SINCE FOREVER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 22 March 2023 ECLI:EU:T:2023:151 |
Case T-408/22 adp Merkur v EUIPO – psmtec (SEVEN SEVEN 7)
EU trade mark – Opposition proceedings – Application for EU figurative mark SEVEN SEVEN 7 – Earlier EU word mark Seven – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – No genuine use – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (Seventh Chamber) of 22 March 2023 ECLI:EU:T:2023:157 |
Case T-776/22 R TP v Commission
Interim relief – Public procurement – Financial Regulation – Exclusion from procurement procedures funded by the general budget of the European Union and by the EDF for a period of two years – Application for suspension of operation of a measure – Lack of any urgency
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Order of the President of the General Court of 22 March 2023 ECLI:EU:T:2023:158 |
Case T-300/22 Domaine Boyar International v EUIPO – Consorzio DOC Bolgheri e Bolgheri Sassicaia (BOLGARÉ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BOLGARÉ – Previous designation of origin ‘Bolgheri’ – Article 8(4a) of Regulation (EC) No 207/2009 (now Article 8(6) of Regulation (EU) 2017/1001) – Article 46(1)(d) of Regulation 2017/1001 – Article 103(2)(b) of Regulation (EU) No 1308/2013
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Order of the General Court (Seventh Chamber) of 23 March 2023 ECLI:EU:T:2023:159 |
Case T-782/22 R Cogebi and Cogebi v Council
Interim relief – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on purchasing, importing or transferring, directly or indirectly, goods which generate significant revenues for Russia into the Union – Application for suspension of operation – Disregard of the procedural requirements – Inadmissibility
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Order of the President of the General Court of 27 March 2023 ECLI:EU:T:2023:162 |
Case T-612/22 Primicerj v Commission
Action for annulment – Access to documents – Regulation (EC) No 1049/2001 – Initial refusal of access – Act not open to challenge – Inadmissibility – Request for the Court to issue directions – Lack of jurisdiction
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Order of the General Court (Fifth Chamber) of 28 March 2023 ECLI:EU:T:2023:190 |
Case T-500/17 RENV Hubei Xinyegang Special Tube v Commission
Dumping – Imports of certain seamless pipes and tubes of iron (excluding cast iron) or steel (excluding stainless steel), of circular cross-section and of an external diameter exceeding 406.4 mm, originating in China – Imposition of a definitive anti-dumping duty – Causal link – Article 3(6) and (7) of Regulation (EU) 2016/1036 – Manifest error of assessment
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Judgment of the General Court (Sixth Chamber) of 29 March 2023 ECLI:EU:T:2023:171 |
Case T-660/19 RENV Universität Bremen v REA
Research and technological development – Framework Programme for Research and Innovation ‘Horizon 2020’ – Call for proposals H2020-SC6-Governance-2019 – REA decision rejecting a proposal – Error of fact – Error of law – Manifest error of assessment
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Judgment of the General Court (Fifth Chamber) of 29 March 2023 ECLI:EU:T:2023:170 |
Case T-344/21 Plusmusic v EUIPO – Groupe Canal + (+music)
EU trade mark – Opposition proceedings – Application for EU figurative mark +music – Earlier national figurative mark + – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Enhanced distinctiveness of the earlier mark acquired through use
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Judgment of the General Court (Third Chamber) of 29 March 2023 ECLI:EU:T:2023:166 |
Case T-400/21 ZR v EUIPO
Civil service – Officials – Vacancy notice – Application for interinstitutional transfer – First paragraph of Article 8 of the Staff Regulations – Transfer refusal – Priority order – Article 29(1) of the Staff Regulations – Equal treatment – Obligation to state reasons – Manifest error of assessment – Duty of care – Corrigendum
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Judgment of the General Court (Fourth Chamber) of 29 March 2023 ECLI:EU:T:2023:169 (Appeal: Case before the Court of Justice C-364/23 P) |
Case T-505/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:174 (Appeal: Case before the Court of Justice C-356/23 P) |
Case T-535/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:175 (Appeal: Case before the Court of Justice C-363/23 P) |
Case T-545/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:176 (Appeal: Case before the Court of Justice C-359/23 P) |
Case T-555/21 Tinnus Enterprises v EUIPO – Mystic Products (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Rectification order of 15 June 2023 ECLI:EU:T:2023:343 |
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:177 (Appeal: Case before the Court of Justice C-358/23 P) |
Case T-575/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:178 (Appeal: Case before the Court of Justice C-357/23 P) |
Case T-576/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:179 (Appeal: Case before the Court of Justice C-355/23 P) |
Case T-577/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:180 (Appeal: Case before the Court of Justice C-361/23 P) |
Case T-578/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:181 (Appeal: Case before the Court of Justice C-362/23 P) |
Case T-588/21 Tinnus Enterprises v EUIPO – Mystic Products and Koopman International (Fluid distribution equipment)
Community design – Invalidity proceedings – Registered Community design representing a part of the fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002
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Judgment of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:182 (Appeal: Case before the Court of Justice C-360/23 P) |
Case T-26/22 CIMV v Commission
Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality
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Judgment of the General Court (Eighth Chamber) of 29 March 2023 ECLI:EU:T:2023:172 (Appeal: Case before the Court of Justice C-366/23 P) |
Case T-199/22 Perfetti Van Melle v EUIPO (Représentation d’un récipient cylindrique de lignes ondulées)
EU trade mark – Application for an EU figurative mark representing a cylindrical container with a wavy outline – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons
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Judgment of the General Court (Eighth Chamber) of 29 March 2023 ECLI:EU:T:2023:173 |
Case T-308/22 celotec v EUIPO – Decotec Printing (DECOTEC)
EU trade mark – Invalidity proceedings – EU word mark DECOTEC – Absolute ground for invalidity – Lack of descriptiveness – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 29 March 2023 ECLI:EU:T:2023:165 |
Case T-342/22 Oxyzoglou v Commission
Civil service – Contract staff – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Additional years of pensionable service – Action for annulment – Request for repayment of part of the capital transferred – Unjust enrichment – Time limit for complaints – Manifest inadmissibility – Application for an order – Manifest lack of jurisdiction
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Order of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:191 |
Case T-343/22 Mozelsio v Commission
Civil service – Contract staff – Retirement pensions – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Additional years of pensionable service – Action for annulment – Request for repayment of part of the capital transferred – Unjust enrichment – Time limit for complaints – Manifest inadmissibility – Application for an order – Manifest lack of jurisdiction
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Order of the General Court (Tenth Chamber) of 29 March 2023 ECLI:EU:T:2023:187 |
Case T-436/22 Machková v EUIPO – Aceites Almenara (ALMARA SOAP)
EU trade mark – Opposition proceedings – Application for EU figurative mark ALMARA SOAP – Earlier EU word mark ALMENARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 29 March 2023 ECLI:EU:T:2023:167 |
Case T-567/22 ATPN v Commission
Action for annulment – Environment – Delegated Regulation (EU) 2022/1214 – Nuclear energy – Sustainable activity – Association – Lack of direct concern – Inadmissibility
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Order of the General Court (Sixth Chamber) of 30 March 2023 ECLI:EU:T:2023:189 (Appeal: Case before the Court of Justice C-340/23 P) |
Case T-472/22 Mocom Compounds v EUIPO – Centemia Conseils (Near-to-Prime)
EU trade mark – Invalidity proceedings – EU word mark Near-to-Prime – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Third Chamber) of 31 March 2023 ECLI:EU:T:2023:183 |
Case T-482/22 Thomas Henry v EUIPO (MATE MATE)
EU trade mark – Application for EU word mark MATE MATE – Absolute grounds for refusal – Descriptive character – Lack of distinctive character – Misleading character – Article 7(1)(b),(c) and (g) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 31 March 2023 ECLI:EU:T:2023:185 (Appeal: Case before the Court of Justice C-342/23 P) |
April 2023
Case T-39/21 PP and Others v Parliament
Civil service – Officials – Health crisis linked to the COVID-19 pandemic – Decision authorising part-time work in order to take care of relatives outside the place of employment – No possibility of teleworking full time outside the place of employment – Irregularity in the pre-litigation procedure – Decision granting a request to work part time – No legal interest in bringing proceedings – Inadmissibility – Remuneration – Suspension of the expatriation allowance – Articles 62 and 69 of the Staff Regulations – Infringement of Article 4 of Annex VII to the Staff Regulations
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 19 April 2023
ECLI:EU:T:2023:204 |
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Case T-557/20 SRB v EDPS
Protection of personal data – Procedure for granting compensation to shareholders and creditors following the resolution of a bank – Decision of the EDPS in which it found that the SRB failed to fulfil its obligations concerning the processing of personal data – Article 15(1)(d) of Regulation (EU) 2018/1725 – Concept of personal data – Article 3(1) of Regulation 2018/1725 – Right of access to the file
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 26 April 2023
ECLI:EU:T:2023:219 (Appeal: Case before the Court of Justice C-413/23 P) |
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Case T-54/21 OHB System v Commission
Public supply contracts – Tendering procedure – Competitive dialogue – Procurement of Galileo transition satellites – Rejection of a tenderer’s tender – Exclusion criteria – Serious professional misconduct on the part of a tenderer – No final judgment or final administrative decision – Referral to the panel referred to in Article 143 of the Financial Regulation – Equal treatment – Abnormally low tender – Manifest error of assessment
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 26 April 2023 (Extracts)
ECLI:EU:T:2023:210 (Appeal: Case before the Court of Justice C-415/23 P) |
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Case T-757/21 Activa - Grillküche v EUIPO – Targa (Apparatus for grilling)
Community design – Invalidity proceedings – Registered Community design representing apparatus for grilling – Disclosure of the earlier design – Article 7(2) of Regulation (EC) No 6/2002
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 26 April 2023 (Extracts)
ECLI:EU:T:2023:216 |
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Information (on unpublished decisions)
Case T-749/21 Gerhard Grund Gerüste v EUIPO – Josef-Grund-Gerüstbau (Josef Grund Gerüstbau)
EU trade mark – Invalidity proceedings – EU word mark Josef Grund Gerüstbau – Earlier national figurative mark grund – Relative ground for invalidity – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 19 April 2023 ECLI:EU:T:2023:200 |
Case T-61/22 OD v Eurojust
Civil service – Members of the temporary staff – Temporary reassignment in the interests of the service – Article 7 of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Provisional distancing measure – Concept of ‘act adversely affecting an official’ – Right to be heard – Liability
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Judgment of the General Court (Fifth Chamber) of 19 April 2023 ECLI:EU:T:2023:201 |
Case T-74/22 Siemens v Parliament
Public procurement – Public works contracts – Tendering procedure – Renewal of the fire safety system in the Parliament buildings in Strasbourg – Rejection of a tenderer’s tender and award of the contract to other tenderers – Non-contractual liability
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Judgment of the General Court (Sixth Chamber) of 19 April 2023 ECLI:EU:T:2023:202 |
Case T-162/22 OQ v Commission
Civil Service – Officials – Disciplinary proceedings – Disciplinary penalty – Removal from post without reduction of entitlement to a pension – Article 10 of Annex IX to the Staff Regulations – Proportionality – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 19 April 2023 ECLI:EU:T:2023:205 |
Case T-491/22 Zitro International v EUIPO – e-gaming (Smiley wearing a top hat)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a smiley wearing a top hat – Earlier EU figurative mark representing a fantasy figure – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 19 April 2023 ECLI:EU:T:2023:203 |
Case T-6/23 R UC v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in view of the situation in the Democratic Republic of the Congo – Freezing of funds – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 19 April 2023 ECLI:EU:T:2023:206 |
Case T-562/19 RENV Klein v Commission
Actions for failure to act – Medical devices – Article 8(1) and (2) of Directive 93/42/EEC – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Absence of a decision by the Commission – Repeal of Directive 93/42 – Articles 94 to 97 of Regulation (EU) 2017/745 – Market surveillance measures – Action manifestly well founded
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Order of the General Court (Eighth Chamber) of 25 April 2023 ECLI:EU:T:2023:225 |
Case T-605/22 RT France v Council
Action for annulment – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition of broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Letter informing the applicant of the continued inclusion of its name on the list of entities to which restrictive measures apply – Act not open to challenge – Reclassification of the action – Rejection of the plea of inadmissibility
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Order of the General Court (First Chamber) of 25 April 2023 ECLI:EU:T:2023:228 |
Case T-20/18 CV v Commission
Civil service – Officials – Social security – Article 73 of the Staff Regulations – Common rules on the insurance against the risk of accident and of occupational disease – Occupational disease – Medical Committee – Article 22 – Refusal to recognise the occupational nature of a disease – Proper conduct of the pre-litigation procedure – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 26 April 2023 ECLI:EU:T:2023:220 |
Case T-546/21 Rochem Group v EUIPO – Rochem Marine (R.T.S. ROCHEM Technical Services)
EU trade mark – Invalidity proceedings – EU figurative mark R.T.S. ROCHEM Technical Services – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 26 April 2023 ECLI:EU:T:2023:221 |
Case T-547/21 Rochem Group v EUIPO – Rochem Marine (R.T.S. Rochem Technical Services)
EU trade mark – Invalidity proceedings – EU word mark R.T.S. Rochem Technical Services – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 26 April 2023 ECLI:EU:T:2023:222 |
Case T-548/21 Rochem Group v EUIPO – Rochem Marine (ROCHEM)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Word mark ROCHEM – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 26 April 2023 ECLI:EU:T:2023:223 |
Case T-549/21 Rochem Group v EUIPO – Rochem Marine (ROCHEM)
EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark ROCHEM – Earlier national figurative mark ROCHEM MARINE – Relative ground for invalidity – Proof of genuine use of the earlier mark – Articles 15 and 57(2) of Regulation (EC) No 207/2009 (now Articles 18 and 64(2) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Single Judge) of 26 April 2023 ECLI:EU:T:2023:224 |
Case T-681/21 Alves Casas v EUIPO – Make-Up Art Cosmetics (mccosmetics NY)
EU trade mark – Opposition proceedings – Application for EU figurative mark mccosmetics NY – Earlier EU figurative mark MAC MAKE-UP ART COSMETICS – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Detriment to reputation – Article 8(5) of Regulation 2017/1001
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Judgment of the General Court (Seventh Chamber) of 26 April 2023 ECLI:EU:T:2023:215 |
Case T-794/21 Wenz Kunststoff v EUIPO – Mouldpro (MOULDPRO)
EU trade mark – Revocation proceedings – EU word mark MOULDPRO – Genuine use of the mark – Nature of use – Use in connection with the goods in respect of which the mark is registered – Article 58(1)(a) of Regulation (EU) 2017/1001 – Legitimate expectations
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Judgment of the General Court (Third Chamber) of 26 April 2023 ECLI:EU:T:2023:211 (Appeal: Case before the Court of Justice C-418/23 P) |
Case T-35/22 Kaminski v EUIPO – Polfarmex (SYRENA)
EU trade mark – Revocation proceedings – EU word mark SYRENA – Application of the law ratione temporis – Partial inadmissibility of the action – Res judicata – Article 15(1) and Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 18(1) and Article 58(1)(a) and (2) of Regulation (EU) 2017/1001) – Genuine use in the European Union – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 26 April 2023 ECLI:EU:T:2023:212 (Appeal: Case before the Court of Justice C-406/23 P) |
Case T-147/22 Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret v EUIPO – Yadex International (pinar KURUYEMIŞ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark pinar KURUYEMIȘ – Earlier German word mark PINAR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Third Chamber) of 26 April 2023 ECLI:EU:T:2023:213 |
Case T-148/22 Pinar Kuruyemiş Gida Ve Ihtiyaç Maddeleri Sanayi Ticaret v EUIPO – Yadex International (pinar KURUYEMIŞ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark pinar KURUYEMIȘ – Earlier German word mark PINAR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Suspension of proceedings – Article 71(1) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Third Chamber) of 26 April 2023 ECLI:EU:T:2023:214 |
Case T-153/22 Volkswagen v EUIPO – XTG (XTG)
EU trade mark – Opposition proceedings – Application for the EU figurative mark XTG – Earlier EU word mark GTX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 26 April 2023 ECLI:EU:T:2023:217 |
Case T-154/22 Volkswagen v EUIPO – XTG (XTG)
EU trade mark – Opposition proceedings – Application for the EU word mark XTG – Earlier EU word mark GTX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 26 April 2023 ECLI:EU:T:2023:218 |
May 2023
Joined Cases T-34/21 and T-87/21 Ryanair and Condor Flugdienst v Commission (Lufthansa; COVID-19)
State aid – German air transport market – Aid granted by Germany to an airline in the context of the COVID-19 pandemic – Recapitalisation of Deutsche Lufthansa – Decision not to raise any objections – Temporary Framework for State aid measures – Actions for annulment – Locus standi – Substantial effect on competitive position – Admissibility – Significant market power – Additional measures to preserve effective competition on the market – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 10 May 2023
ECLI:EU:T:2023:248 (Appeal: Case before the Court of Justice C-457/23 P) |
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Case T-312/20 EVH v Commission
Language of the case: German
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023
ECLI:EU:T:2023:252 (Appeal: Case before the Court of Justice C-464/23 P) |
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Case T-321/20 enercity v Commission
Language of the case: German
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023
ECLI:EU:T:2023:253 (Appeal: Case before the Court of Justice C-485/23 P) |
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Case T-451/20 Meta Platforms Ireland v Commission
Competition – Data market – Administrative procedure – Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 – Request for information – Virtual data room – Obligation to state reasons – Legal certainty – Rights of the defence – Necessity of the information requested – Misuse of powers – Right to privacy – Proportionality – Principle of good administration – Professional secrecy
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 24 May 2023
ECLI:EU:T:2023:276 (Appeal: Case before the Court of Justice C-497/23 P) |
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Case T-2/21 Emmentaler Switzerland v EUIPO (EMMENTALER)
EU trade mark – International registration designating the European Union – Word mark EMMENTALER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Collective mark – Article 74(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94 of Regulation 2017/1001
Language of the case: German
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Judgment of the General Court (Tenth Chamber) of 24 May 2023
ECLI:EU:T:2023:278 (Appeal: Case before the Court of Justice C-458/23 P) |
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Case T-268/21 Ryanair v Commission (Italie ; régime d’aide ; COVID-19)
State aid – Italian air transport market – Compensation scheme for airlines with an Italian operating licence – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 24 May 2023 (Extracts)
ECLI:EU:T:2023:279 (Appeal: Case before the Court of Justice C-490/23 P) |
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Information (on unpublished decisions)
Case T-249/21 SN v Parliament
Law governing the institutions – Rules governing the payment of expenses and allowances to Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Obligation to state reasons – Independence of Members – Error of assessment
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Judgment of the General Court (Fifth Chamber) of 3 May 2023 ECLI:EU:T:2023:233 (Appeal: Case before the Court of Justice C-430/23 P) |
Case T-7/22 FFI Female Financial Invest v EUIPO – MLP Finanzberatung (Financery)
EU trade mark – Opposition proceedings – Application for the EU word mark Financery – Earlier EU word mark financify – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 3 May 2023 ECLI:EU:T:2023:234 |
Case T-52/22 Chambre de commerce et d'industrie territoriale de la Marne en Champagne v EUIPO – Ambrosetti Group (TEHA)
European Union trade mark – Opposition proceedings – Application for the European Union figurative mark TEHA – Earlier national figurative mark tema – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Lack of genuine use of the mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – Use in a form which differs in elements which alter the distinctive character of the trade mark – Article 15(1), second subparagraph, point (a), of Regulation No 207/2009 (now Article 18(1), second subparagraph, point (a), of Regulation 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 3 May 2023 ECLI:EU:T:2023:235 |
Case T-60/22 Chambre de commerce et d'industrie territoriale de la Marne en Champagne v EUIPO – Ambrosetti Group (TEHA)
European Union trade mark – Opposition proceedings – International registration designating the European Union – Word mark TEHA – Earlier national figurative mark tema – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Lack of genuine use of the mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001) – Use in a form which differs in elements which alter the distinctive character of the trade mark – Article 15(1), second subparagraph, point (a), of Regulation No 207/2009 (now Article 18(1), second subparagraph, point (a), of Regulation 2017/1001)
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Judgment of the General Court (Sixth Chamber) of 3 May 2023 ECLI:EU:T:2023:236 |
Case T-106/22 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI)
EU trade mark – Invalidity proceedings – EU word mark BBQLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for invalidity – Likelihood of confusion – Detriment to reputation – Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b), Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 3 May 2023 ECLI:EU:T:2023:230 |
Case T-168/22 Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for refusal – Likelihood of confusion – Detriment to reputation – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 3 May 2023 ECLI:EU:T:2023:231 |
Case T-303/22 Dicofarm v EUIPO – Marco Viti Farmaceutici (Vitis pharma Dicofarm group)
EU trade mark – Invalidity proceedings – EU figurative mark Vitis pharma Dicofarm group – Earlier national figurative mark viti DREN – Relative ground for invalidity – Article 8(1)(b) of Regulation (EU) 2017/1001 – Weak similarity of the goods and services – No likelihood of confusion
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Judgment of the General Court (Third Chamber) of 3 May 2023 ECLI:EU:T:2023:232 |
Case T-459/22 Laboratorios Ern v EUIPO – Biolark (BIOLARK)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark BIOLARK – Earlier national word mark BIOPLAK – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 3 May 2023 ECLI:EU:T:2023:237 |
Case T-618/22 Amazonen-Werke H. Dreyer v EUIPO (Combination of the colours green and orange)
EU trade mark – International registration designating the European Union – Mark consisting in a combination of the colours green and orange – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 4 May 2023 ECLI:EU:T:2023:238 |
Case T-102/21 Bastion Holding and Others v Commission
State aid – Measures to support small and medium-sized enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 10 May 2023 ECLI:EU:T:2023:243 |
Case T-238/21 Ryanair v Commission (SAS II ; COVID-19)
State aid – Danish and Swedish air transport markets – Aid granted by Denmark and Sweden to an airline in the context of the COVID-19 pandemic – Recapitalisation of SAS – Decision not to raise any objections – Actions for annulment – Individual concern – Substantial effect on the competitive position – Admissibility – Temporary Framework for State aid measures – Aid to remedy a serious disturbance in the economy of a Member State – Compliance with the requirements of the Temporary Framework
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Judgment of the General Court (Tenth Chamber) of 10 May 2023 ECLI:EU:T:2023:247 |
Case T-289/21 Bastion Holding and Others v Commission
State aid – Measures to support enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 10 May 2023 ECLI:EU:T:2023:244 |
Case T-513/21 Bastion Holding and Others v Commission
State aid – Measures to support enterprises in the context of the COVID-19 outbreak in the Netherlands – Decision not to raise any objections – Temporary framework for State aid measures – Obligation to state reasons
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Judgment of the General Court (Sixth Chamber) of 10 May 2023 ECLI:EU:T:2023:245 |
Case T-437/22 Vanhove v EUIPO – Aldi Einkauf (bistro Régent)
EU trade mark – Opposition proceedings – Application for the EU figurative mark bistro Régent – Earlier national word mark REGENT – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 18(1), second subparagraph, point (a), and Article 47(2) of Regulation 2017/1001 – Form differing in elements which do not alter the distinctive character
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Judgment of the General Court (Sixth Chamber) of 10 May 2023 ECLI:EU:T:2023:246 |
Case T-313/20 Stadtwerke Leipzig v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:257 (Appeal: Case before the Court of Justice C-465/23 P) |
Case T-314/20 Stadtwerke Hameln Weserbergland v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Inadmissibility
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:258 (Appeal: Case before the Court of Justice C-466/23 P) |
Case T-315/20 TEAG v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:259 (Appeal: Case before the Court of Justice C-467/23 P) |
Case T-316/20 Naturstrom v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Inadmissibility
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:260 |
Case T-317/20 EnergieVerbund Dresden v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Definition of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:261 (Appeal: Case before the Court of Justice C-468/23 P) |
Case T-318/20 eins energie in sachsen v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – Lack of standing – Lack of active participation – Inadmissibility
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:262 (Appeal: Case before the Court of Justice C-469/23 P) |
Case T-319/20 GGEW v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration to be compatible with the internal market – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to state reasons – Concept of a ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Period of analysis – Analysis of market power – Decisive influence – Manifest errors of assessment – Duty of diligence
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:263 (Appeal: Case before the Court of Justice C-470/23 P) |
Case T-320/20 Mainova v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – No active participation – Admissibility
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:264 (Appeal: Case before the Court of Justice C-484/23 P) |
Case T-322/20 Stadtwerke Frankfurt am Main v Commission
Competition – Concentrations – German electricity market – Decision declaring the concentration compatible with the internal market – Action for annulment – No standing to bring proceedings – Inadmissibility
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 May 2023 ECLI:EU:T:2023:265 |
Case T-685/21 IR v Commission
Civil service – Officials – Social security – Joint rules on sickness insurance for officials – Article 72 of the Staff Regulations – Serious illness – Opinion of the Medical Officer – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 17 May 2023 ECLI:EU:T:2023:267 |
Case T-177/22 Chambers and Others v Commission
Civil service – Members of the temporary staff – Members of the contract staff – Reimbursement of expenses – Travel expenses – Consequences of the departure of the United Kingdom from the European Union – Place of origin located in a third country – Withdrawal of entitlement to annual flat-rate payment for travel expenses – Error of assessment – Equal treatment
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Judgment of the General Court (Fourth Chamber) of 17 May 2023 ECLI:EU:T:2023:256 |
Case T-267/22 Consulta v EUIPO – Karlinger (ACASA)
EU trade mark – Invalidity proceedings – EU word mark ACASA – Absolute ground for invalidity – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
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Judgment of the General Court (Single Judge) of 17 May 2023 ECLI:EU:T:2023:268 (Appeal: Case before the Court of Justice C-443/23 P) |
Case T-480/22 Panicongelados-Massas Congeladas v EUIPO – Seder (panidor)
EU trade mark – Opposition proceedings – Application for EU figurative mark panidor – Earlier national word mark ANIDOR – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 17 May 2023 ECLI:EU:T:2023:266 |
Case T-656/22 moderne Stadt v EUIPO (DEUTZER HAFEN)
EU trade mark – Application for EU word mark DEUTZER HAFEN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment
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Judgment of the General Court (First Chamber) of 17 May 2023 ECLI:EU:T:2023:254 |
Case T-657/22 moderne Stadt v EUIPO (DEUTZER HAFEN KÖLN)
EU trade mark – Application for EU word mark DEUTZER HAFEN KÖLN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equality of treatment
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Judgment of the General Court (First Chamber) of 17 May 2023 ECLI:EU:T:2023:255 |
Case T-771/21 Bategu Gummitechnologie v Commission
Non-contractual liability – Competition – Decision rejecting a complaint – Material loss – Reality and certainty of the damage – Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 22 May 2023 ECLI:EU:T:2023:291 |
Case T-764/21 Atesos medical and Others v Commission
Action for annulment – Medical devices – Directive 93/42/EEC – Expiry of the validity of certificates for medical devices issued under the mutual recognition agreement by bodies established in Switzerland – Amendment of the entry in the online database of the NANDO information system corresponding to the conformity assessment body for medical devices which had issued the certificates – Act not open to challenge – Manifest inadmissibility
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Order of the General Court (Sixth Chamber) of 23 May 2023 ECLI:EU:T:2023:292 (Appeal: Case before the Court of Justice C-491/23 P) |
Case T-452/20 Meta Platforms Ireland v Commission
Competition – Data market – Administrative procedure – Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 – Request for information – Virtual data room – Obligation to state reasons – Legal certainty – Rights of the defence – Necessity of the information requested – Misuse of powers – Right to privacy – Proportionality – Principle of good administration – Professional secrecy
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 24 May 2023 ECLI:EU:T:2023:277 (Appeal: Case before the Court of Justice C-496/23 P) |
Case T-477/21 Glaxo Group v EUIPO – Cipla Europe (Shape of an inhaler)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of an inhaler – Absolute ground for invalidity – Distinctive character acquired through use – Article 51(2) of Regulation (EC) No 40/94 (now Article 59(2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 24 May 2023 ECLI:EU:T:2023:280 |
Case T-556/21 Lyubetskaya v Council
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Judgment of the General Court (Fifth Chamber) of 24 May 2023 ECLI:EU:T:2023:283 |
Case T-557/21 Omeliyanyuk v Council
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Judgment of the General Court (Fifth Chamber) of 24 May 2023 ECLI:EU:T:2023:284 |
Case T-579/21 Gusachenka v Council
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Judgment of the General Court (Fifth Chamber) of 24 May 2023 ECLI:EU:T:2023:285 |
Case T-580/21 Haidukevich v Council
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Judgment of the General Court (Fifth Chamber) of 24 May 2023 ECLI:EU:T:2023:286 |
Case T-714/21 AL v Commission
Civil service – Officials – Remuneration – Family allowances – Dependent child allowance – Article 2(4) of Annex VII to the Staff Regulations – Person treated as a dependent child – Conditions for granting – Withdrawal of entitlement to the allowance – Recovery of undue payments – Article 85 of the Staff Regulations
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Judgment of the General Court (Fourth Chamber) of 24 May 2023 ECLI:EU:T:2023:282 (Appeal: Case before the Court of Justice C-498/23 P) |
Case T-68/22 Granini France v EUIPO – Pichler (Joro)
EU trade mark – Opposition proceedings – Application for EU word mark Joro – Earlier national word mark JOKO – Relative ground for refusal – Likelihood of confusion – Similarity of goods – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 24 May 2023 ECLI:EU:T:2023:287 |
Case T-509/22 Bimbo v EUIPO – Bottari Europe (BimboBIKE)
EU trade mark – Opposition proceedings – Application for EU figurative mark BimboBIKE – Earlier national word mark BIMBO – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 24 May 2023 ECLI:EU:T:2023:281 (Appeal: Case before the Court of Justice C-473/23 P) |
June 2023
Case T-309/21 TC v Parliament
Law governing the institutions – Rules governing expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Reasonable time – Burden of proof – Right to be heard – Protection of personal data – Article 9 of Regulation (EU) 2018/1725 – Article 26 of the Staff Regulations
Language of the case: Lithuanian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 June 2023
ECLI:EU:T:2023:315 (Appeal: Case before the Court of Justice C-529/23 P) |
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Case T-143/22 OP v Parliament
Civil service – Officials – Survivor’s pension – Refusal to grant – Surviving spouse – Eligibility conditions – Duration of the marriage – Plea of illegality – Article 80, first paragraph, of the Staff Regulations – Article 2 of Annex VII to the Staff Regulations – Orphans’ pension – Refusal to grant – Concept of ‘dependent child’ – Error of law
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 7 June 2023 (Extracts)
ECLI:EU:T:2023:313 |
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Case T-519/22 Société des produits Nestlé v EUIPO – European Food (FITNESS)
EU trade mark – Procedure for the revocation of decisions or the cancellation of entries – Revocation of a decision containing an obvious error attributable to EUIPO – Article 103(1) of Regulation (EU) 2017/1001 – No obvious error
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 7 June 2023
ECLI:EU:T:2023:314 |
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Case T-585/20 Polwax v Commission
Language of the case: Polish
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Judgment of the General Court (Third Chamber, Extended Composition) of 14 June 2023
ECLI:EU:T:2023:332 (Appeal: Case before the Court of Justice C-541/23 P) |
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Case T-79/21 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
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 14 June 2023 (Extracts)
ECLI:EU:T:2023:334 (Appeal: Case before the Court of Justice C-535/23 P) |
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Case T-376/21 Instituto Cervantes v Commission
Public supply contracts – Tendering procedure – Provision of language training for the institutions, bodies and agencies of the European Union – Ranking of a tenderer in the cascade procedure – Obligation to state reasons – Documents in the tender accessible via a hypertext link – Manifest errors of assessment – Misuse of powers
Language of the case: French
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Judgment of the General Court (Third Chamber) of 14 June 2023
ECLI:EU:T:2023:331 (Appeal: Case before the Court of Justice C-534/23 P) (Appeal: Case before the Court of Justice C-539/23 P) |
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Case T-571/17 RENV UG v Commission
Civil service – Contract staff – Contract of indefinite duration – Termination of contract – Article 47(c)(i) of the CEOS – Incompetence – Conduct in the service and attitude at work incompatible with the interests of the service – Obligation to state reasons – Right to be heard – Entitlement to parental leave – Article 42a of the Staff Regulations – Application of the minimum requirements in Directives 2010/18/EU and 2002/14/EC to officials and other servants of the European Union – Articles 27, 30 and 33 of the Charter of Fundamental Rights – Workers’ right to information and consultation – Article 24b of the Staff Regulations – Manifest error of assessment – Protection in the event of unjustified dismissal – Indirect challenge to definitive acts – Inadmissibility – Principle of proportionality – Misuse of powers – Liability
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 21 June 2023 (Extracts)
ECLI:EU:T:2023:351 (Appeal: Case before the Court of Justice C-546/23 P) |
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Case T-326/21 Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission
Dumping – Importation of aluminium extrusions originating in China – Implementing Regulation (EU) 2021/546 – Imposition of a definitive anti-dumping duty – Article 1(4) of Regulation (EU) 2016/1036 – Definition of the product concerned – Determination of the normal value – Article 2(6a) of Regulation 2016/1036 – Report finding significant distortions in the exporting country – Burden of proof – Use of a representative country – Article 3(1), (2), (3), (5) and (6) of Regulation EU 2016/1036 – Injury – Economic factors and indices having a bearing on the state of the Union industry – Rights of the defence – Principle of good administration
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 21 June 2023 (Extracts)
ECLI:EU:T:2023:347 |
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Case T-748/21 Hangzhou Dingsheng Industrial Group and Others v Commission
Dumping – Extension of the definitive anti-dumping duty imposed on imports of certain aluminium foil originating in China to imports of certain aluminium foil consigned from Thailand – Anti-circumvention investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Sufficient evidence – Manifest error of assessment – Obligation to state reasons
Language of the case: English
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Judgment of the General Court (Fourth Chamber) of 21 June 2023 (Extracts)
ECLI:EU:T:2023:346 |
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Case T-628/22 Repasi v Commission
Action for annulment – Environment – Commission Delegated Regulation (EU) 2022/1214 – Taxonomy – Economic activities relating to fossil gas and nuclear energy – Inclusion in sustainable economic activities – Member of the European Parliament – Lack of direct concern – Inadmissibility
Language of the case: German
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Order of the General Court (Sixth Chamber) of 21 June 2023
ECLI:EU:T:2023:353 (Appeal: Case before the Court of Justice C-552/23 P) |
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Case T-752/20 IMG v Commission
Non-contractual liability – OLAF investigations – Press leaks – Material and non-material damage – Causal link – Imputability of the leaks – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Confidentiality of legal advice
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 28 June 2023 (Extracts)
ECLI:EU:T:2023:366 (Appeal: Case before the Court of Justice C-559/23 P) |
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Case T-145/22 CEDC International v EUIPO – Underberg (Shape of a blade of grass in a bottle)
EU trade mark – Opposition proceedings – Application for a three-dimensional EU trade mark – Shape of a blade of grass in a bottle – Earlier national trade marks – Relative ground for refusal – Article 8(3) of Regulation (EC) No 40/94 (now Article 8(3) of Regulation (EU) 2017/1001) – Concept of ‘agent’ or ‘representative’ – Requirement for a direct contractual agreement
Language of the case: English
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Judgment of the General Court (Sixth Chamber) of 28 June 2023
ECLI:EU:T:2023:365 (Appeal: Case before the Court of Justice C-553/23 P) |
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Information (on unpublished decisions)
Case T-115/23 R Debreceni Egyetem v Council
Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 1 June 2023 ECLI:EU:T:2023:297 |
Case T-433/22 Spreewood Distillers v EUIPO – Radgonske gorice (STORK)
EU trade mark – Opposition proceedings – Application for EU word mark STORK – Earlier national word mark GOLDEN STORK – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Seventh Chamber) of 6 June 2023 ECLI:EU:T:2023:341 |
Case T-650/20 KD v EUIPO
Civil service – Members of the temporary staff – Members of Staff of EUIPO – Contract for a fixed period – Non-renewal – Competent authority – Principle of sound administration – Right to be heard – Liability – Non-material damage
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Judgment of the General Court (First Chamber) of 7 June 2023 ECLI:EU:T:2023:305 (Appeal: Case before the Court of Justice C-528/23 P) |
Case T-141/21 Shakutin v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Obligation to state reasons – Right to be heard – Right to effective judicial protection – Error of assessment
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Judgment of the General Court (First Chamber) of 7 June 2023 ECLI:EU:T:2023:303 |
Case T-581/21 Skryba v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into and transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of a sanction – Obligation to state reasons – Error of assessment – Proportionality
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Judgment of the General Court (Ninth Chamber) of 7 June 2023 ECLI:EU:T:2023:321 |
Case T-582/21 Rubnikovich v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into or transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of a sanction – Obligation to state reasons – Error of assessment – Proportionality
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Judgment of the General Court (Ninth Chamber) of 7 June 2023 ECLI:EU:T:2023:322 |
Case T-583/21 Bakhanovich v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources to which the freezing of funds and economic resources and the ban on entry into or transit through European Union territory applies – Inclusion of the applicant’s name on the lists – Collective nature of the sanction – Obligation to state reasons – Error of assessment – Proportionality
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Judgment of the General Court (Ninth Chamber) of 7 June 2023 ECLI:EU:T:2023:323 |
Case T-735/21 Aprile and Commerciale Italiana v EUIPO – DC Comics (Representation of a bat in an oval surround)
EU trade mark – Invalidity proceedings – Figurative EU trade mark representing a bat in an oval surround – Absolute grounds for invalidity – Distinctive character – No descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) – Restriction of the goods covered by the application for a declaration of invalidity – Obligation to state reasons
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Judgment of the General Court (Seventh Chamber) of 7 June 2023 ECLI:EU:T:2023:304 |
Case T-33/22 Vallegre v EUIPO – Joseph Phelps Vineyards (PORTO INSÍGNIA)
EU trade mark – Opposition proceedings – Application for the EU word mark PORTO INSÍGNIA – Earlier EU word mark INSIGNIA – 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)
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Judgment of the General Court (Seventh Chamber) of 7 June 2023 ECLI:EU:T:2023:316 |
Case T-47/22 DDR Kultur v EUIPO – Groupe Canal+ (THE PLANET)
EU trade mark – Opposition proceedings – Application for the EU figurative mark THE PLANET – Earlier EU figurative mark PLANÈTE + – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 7 June 2023 ECLI:EU:T:2023:311 (Appeal: Case before the Court of Justice C-500/23 P) |
Case T-63/22 Brooks England v EUIPO – Brooks Sports (BROOKS ENGLAND)
EU trade mark – Opposition proceedings – Application for the EU figurative mark BROOKS ENGLAND – Earlier EU word mark BROOKS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 43(2) of Regulation No 40/94 (now Article 47(2) of Regulation 2017/1001)
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Judgment of the General Court (Third Chamber) of 7 June 2023 ECLI:EU:T:2023:312 (Appeal: Case before the Court of Justice C-504/23 P) |
Joined Cases T-218/22 and T-219/22 Roxtec and Wallmax v EUIPO – Wallmax and Roxtec (Representation of a blue square containing eight concentric black circles)
EU trade mark – Invalidity proceedings – EU figurative trade mark representing a blue square containing eight concentric black circles – Absolute ground of invalidity – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 7 June 2023 ECLI:EU:T:2023:317 (Appeal: Case before the Court of Justice C-495/23 P) |
Case T-227/22 Cylus Cyber Security v EUIPO – Cylance (CYLUS)
EU trade mark – Opposition proceedings – Application for EU word mark CYLUS – Earlier EU word mark CYLANCE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 7 June 2023 ECLI:EU:T:2023:306 |
Case T-239/22 Cherusci v EUIPO – LexDellmeier (RIALTO)
EU trade mark – Revocation proceedings – EU word mark RIALTO – No genuine use of the trade mark – No proper reasons for non-use – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 7 June 2023 ECLI:EU:T:2023:319 |
Case T-322/22 UNSA Énergie v Commission
State aid – Regulated tariffs for the sale of electricity in France – Increase in the ceiling for regulated access to historical nuclear electricity – Rejection of a complaint – Article 1(h) of Regulation (EU) 2015/1589 – Trade union – Concept of ‘interested party’
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Judgment of the General Court (Second Chamber) of 7 June 2023 ECLI:EU:T:2023:307 |
Case T-339/22 Chocolates Lacasa Internacional v EUIPO – Esquitino Madrid (Conguitos)
EU trade mark – Invalidity proceedings – EU figurative mark Conguitos – Earlier EU word mark Conguitos – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Relative ground for invalidity – Unfair advantage taken of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001)
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Judgment of the General Court (Second Chamber) of 7 June 2023 ECLI:EU:T:2023:308 |
Case T-368/22 Cassa Centrale v EUIPO – Bankia (BANQUÌ)
EU trade mark – Opposition proceedings – Application for EU word mark BANQUÌ – Earlier EU figurative mark Bankia – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Distinctive character of the earlier mark
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Judgment of the General Court (Second Chamber) of 7 June 2023 ECLI:EU:T:2023:309 |
Case T-419/22 Medex v EUIPO – Stein (medex)
EU trade mark – Revocation proceedings – EU figurative mark medex – Genuine use of the mark – Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001 – Classification of the goods for which genuine use has been shown
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Judgment of the General Court (Seventh Chamber) of 7 June 2023 ECLI:EU:T:2023:318 |
Case T-541/22 Sanity Group v EUIPO – AC Marca Brands (Sanity Group)
EU trade mark – Opposition proceedings – Application for EU figurative mark Sanity Group – Earlier EU figurative mark SANYTOL – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 7 June 2023 ECLI:EU:T:2023:310 (Appeal: Case before the Court of Justice C-533/23 P) |
Case T-543/22 Laboratorios Ern v EUIPO – BRM Extremities (BIOPLAN)
EU trade mark – Opposition proceedings – Application for EU word mark BIOPLAN – Earlier national word mark BIOPLAK – Relative ground for refusal – No similarity between the goods – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 7 June 2023 ECLI:EU:T:2023:320 |
Case T-568/22 XNT v EUIPO – Exane (EXANE)
EU trade mark – Invalidity proceedings – EU word mark EXANE – Earlier company name EXANTE – Domain name ‘exante.eu’ – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (First Chamber) of 8 June 2023 ECLI:EU:T:2023:325 |
Case T-179/23 R FFPE section Conseil v Council
Interim relief – Law governing the institutions – Trade union or professional associations (OSPs) – Agreement concluded between the Council and the OSPs of the General Secretariat of the Council – Procedure for verifying the criteria for the recognition and the representativeness of the OSPs – Suspension of rights flowing from the agreement of an OSP not reaching the threshold of representativeness – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 9 June 2023 ECLI:EU:T:2023:328 |
Case T-200/20 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)
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Judgment of the General Court (Second Chamber) of 14 June 2023 ECLI:EU:T:2023:330 |
Case T-201/21 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
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Judgment of the General Court (Fifth Chamber) of 14 June 2023 ECLI:EU:T:2023:333 (Appeal: Case before the Court of Justice C-540/23 P) |
Case T-446/22 Corver v EUIPO (CHR ME)
EU trade mark – Invalidity proceedings – Application for the EU figurative mark CHR ME – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 14 June 2023 ECLI:EU:T:2023:329 |
Case T-327/22 PS v EEAS
Civil service – Members of the contract staff – Change of place of employment – Addendum to the contract of employment – Purely confirmatory measure – Inadmissibility
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Order of the General Court (Ninth Chamber) of 19 June 2023 ECLI:EU:T:2023:354 |
Case T-771/22 NO v Commission
Action for annulment – State aid – Irish legal sector – Payment of the fees of a client’s former solicitor by that client’s new solicitor – Rejection of a complaint – Decision finding that there is no State aid – State resources – Manifest inadmissibility in part – Action in part manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 20 June 2023 ECLI:EU:T:2023:356 (Appeal: Case before the Court of Justice C-522/23 P) |
Case T-131/21 Região Autónoma da Madeira v Commission
State aid – Aid scheme implemented by Portugal – Madeira Free Zone – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Standing to bring proceedings – Admissibility – Meaning of ‘State aid’ – Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Recovery – Legitimate expectations – Legal certainty – Principle of sound administration – Absolute impossibility of implementation – Limitation – Article 17 of Regulation 2015/1589
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Judgment of the General Court (Fifth Chamber) of 21 June 2023 ECLI:EU:T:2023:348 (Appeal: Case before the Court of Justice C-547/23 P) |
Joined Cases T-197/22 and T-198/22 Ioulia and Irene Tseti Pharmaceutical Laboratories v EUIPO – Arbora & Ausonia (InterMed Pharmaceutical Laboratories eva intima)
EU trade mark – Opposition proceedings – Application for EU figurative marks InterMed Pharmaceutical Laboratories eva intima – Earlier EU and national word marks EVAX – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 21 June 2023 ECLI:EU:T:2023:345 |
Case T-347/22 Rauch Furnace Technology v EUIPO – Musto et Bureau (Creuset)
Community design – Invalidity proceedings – Community design representing a melting crucible – Prior design – Ground for invalidity – Lack of individual character – No different overall impression – Disclosure of prior design – Articles 6, 7 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Evidence filed in a language other than the language of the proceedings – Article 29(1) and (5), and Article 81(2) of Regulation (EC) No 2245/2002 – Facts or evidence relied on for the first time before the Board of Appeal – Article 63 of Regulation No 6/2002
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Judgment of the General Court (Second Chamber) of 21 June 2023 ECLI:EU:T:2023:344 |
Case T-438/22 International British Education XXI v EUIPO – Saint George´s School (IBE ST. GEORGE'S)
EU trade mark – Opposition proceedings – Application for the EU figurative mark IBE ST. GEORGE’S – Earlier national figurative mark ST. GEORGE’S SCHOOL – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 21 June 2023 ECLI:EU:T:2023:349 |
Case T-514/22 Vitromed v EUIPO – Vitromed Healthcare (VITROMED Germany)
EU trade mark – Opposition proceedings – Application for the EU figurative mark VITROMED Germany – International registration of the earlier figurative mark VITROMED – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 21 June 2023 ECLI:EU:T:2023:350 |
Case T-537/22 Delta Sport Handelskontor v EUIPO – Lego (Building block from a toy building set)
Community design – Invalidity proceedings – Registered Community design representing a building block from a toy building set – Cross-claim – Request for alteration – No interest in bringing proceedings – Inadmissibility
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Order of the General Court (Third Chamber) of 21 June 2023 ECLI:EU:T:2023:357 |
Case T-207/21 Polynt v ECHA
REACH – Evaluation of substances – Hexahydro-4-methylphthalic anhydride – ECHA decision requesting one or more additional tests – Article 40 of Regulation (EC) No 1907/2006 – Appeal brought before the Board of Appeal – Error of law
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Judgment of the General Court (Second Chamber) of 28 June 2023 ECLI:EU:T:2023:361 |
Case T-239/21 Dana Astra v Council
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Judgment of the General Court (Fifth Chamber) of 28 June 2023 ECLI:EU:T:2023:364 |
Case T-452/22 Hofmeir Magnetics v EUIPO – Healthfactories (Hofmag)
EU trade mark – Opposition proceedings – Application for EU word mark Hofmag – Earlier non-registered word mark HOFMAG – Relative ground for refusal – No use in the course of trade of a sign of more than mere local significance – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 28 June 2023 ECLI:EU:T:2023:362 |
Case T-495/22 UGA Nutraceuticals v EUIPO – BASF (OMEGOR)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark OMEGOR – Earlier EU figurative mark OMACOR – 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)
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Judgment of the General Court (First Chamber) of 28 June 2023 ECLI:EU:T:2023:359 (Appeal: Case before the Court of Justice C-520/23 P) |
Case T-496/22 UGA Nutraceuticals v EUIPO – BASF (OMEGOR VITALITY)
EU trade mark – Opposition proceedings – Application for the EU word mark OMEGOR VITALITY – Earlier EU figurative mark OMACOR – 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)
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Judgment of the General Court (First Chamber) of 28 June 2023 ECLI:EU:T:2023:360 (Appeal: Case before the Court of Justice C-521/23 P) |
Case T-645/22 C. & S. v EUIPO – Scuderia AlphaTauri (CS jeans your best fashion partner)
EU trade mark – Revocation proceedings – EU figurative mark CS jeans your best fashion partner – Lack of genuine use of the mark – Nature of use – Lack of use in connection with the goods in respect of which the mark is registered – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 28 June 2023 ECLI:EU:T:2023:363 |
Case T-318/21 KF v EIB
Civil service – EIB Staff – Invalidity Committee – Refusal to recognise incapacity – Rejection of a request for an administrative review – Lis pendens – Inadmissibility
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Order of the General Court (Fourth Chamber) of 29 June 2023 ECLI:EU:T:2023:370 |
Case T-719/22 Puma v EUIPO – Herno (HERZO)
Action for annulment – EU trade mark – Opposition proceedings – Application for the EU word mark HERZO – Earlier EU figurative mark HERNO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Sixth Chamber) of 29 June 2023 ECLI:EU:T:2023:369 |
Case T-666/20 Thunus and Others v EIB
Civil service – Staff of the EIB – Remuneration – Annual salary adjustment – Plea of illegality – Res judicata – Legal certainty – Legitimate expectations – Staff consultation – Obligation to state reasons – Proportionality – Action manifestly lacking any foundation in law
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Order of the General Court (Fifth Chamber) of 30 June 2023 ECLI:EU:T:2023:384 (Appeal: Case before the Court of Justice C-561/23 P) |
July 2023
Case T-115/20 Puigdemont i Casamajó and Comín i Oliveres v Parliament
Action for annulment – Institutional law – Member of the Parliament – Refusal of the President of the Parliament to accede to a request for privileges and immunities to be defended – Act not open to challenge – Inadmissibility
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 5 July 2023
ECLI:EU:T:2023:372 (Appeal: Case before the Court of Justice C-573/23 P) |
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Case T-126/21 Nevinnomysskiy Azot and NAK 'Azot' v Commission
Dumping – Imports of ammonium nitrate originating in Russia – Definitive anti-dumping duties – Request for an expiry review – Article 11(2) of Regulation (EU) 2016/1036 – Article 5(3) and (9) of Regulation 2016/1036 – Legal time limit – Sufficiency of the evidence – Deficiency procedure – Information submitted outside the legal time limit
Language of the case: English
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 5 July 2023
ECLI:EU:T:2023:376 (Appeal: Case before the Court of Justice C-568/23 P) (Appeal: Case before the Court of Justice C-554/23 P) |
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Case T-223/21 SE v Commission
Civil service – Members of the temporary staff – Recruitment – Contract of employment – Article 2(b) of the CEOS – Rejection of an application – Promotion – Reclassification – New contract – Expiry of the contract – Article 8, second paragraph, and Article 10(3) of the CEOS – Error of law – Equal treatment – Action for annulment – Admissibility
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 5 July 2023
ECLI:EU:T:2023:375 |
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Case T-272/21 Puigdemont i Casamajó and Others v Parliament
Institutional law – Member of the Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Article 9 of Protocol No°7 on the Privileges and Immunities of the European Union – Competence of the authority that issued the request for waiver of immunity – Legal certainty – Manifest error of assessment – Scope of the Parliament’s review – Procedure for examining the request for the waiver of immunity – Rights of the defence – Impartiality
Language of the case: English
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 5 July 2023
ECLI:EU:T:2023:373 (Appeal: Case before the Court of Justice C-572/23 P) |
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Case T-8/21 IFIC Holding v Commission
Language of the case: German
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Judgment of the General Court (Sixth Chamber, Extended Composition) of 12 July 2023
ECLI:EU:T:2023:387 |
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Case T-377/21 Eurecna v Commission
Access to documents – Regulation (EC) No 1049/2001 – Final report of the investigation by OLAF into the performance of a service contract financed by the EDF – Refusal to grant access – Exception relating to the protection of the decision-making process – Exception relating to protection of the purpose of inspections, investigations and audits – General presumption – Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Ninth Chamber) of 12 July 2023
ECLI:EU:T:2023:398 |
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Case T-34/22 Cunsorziu di i Salamaghji Corsi - Consortium des Charcutiers Corses and Others v Commission
Protected geographical indication – Protected designation of origin – Applications for protection of the geographical indications ‘Jambon sec de l’Île de Beauté’, ‘Lonzo de l’Île de Beauté’ and ‘Coppa de l’Île de Beauté’ – Earlier protected designations of origin ‘Jambon sec de Corse – Prisuttu’, ‘Lonzo de Corse – Lonzu’ and ‘Coppa de Corse – Coppa di Corsica’ – Eligibility of names – Evocation – Article 7(1)(a) and Article 13(1)(b) of Regulation (EU) No 1151/2012 – Scope of the Commission’s control of the applications for registration – Article 50(1) and Article 52(1) of Regulation No 1151/2012 – Error of assessment
Language of the case: French
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Judgment of the General Court (Second Chamber, Extended Composition) of 12 July 2023 (Extracts)
ECLI:EU:T:2023:386 (Appeal: Case before the Court of Justice C-579/23 P) |
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Case T-776/20 Stockdale v Council and Others
Action for annulment and compensation – International contracted staff with the EU Special Representative in Bosnia and Herzegovina – Common foreign and security policy – Termination of the employment contract following the withdrawal of the United Kingdom from the European Union – Jurisdiction of the EU Courts – Contractual nature of the dispute – Absence of arbitration clause and jurisdiction clause – Articles 263, 268, 272 and 274 TFEU – Regulation (EU) No 1215/2012 – Admissibility – Identification of the defendants – Concept of ‘EU institution, body, office or agency’ – Partial lack of competence and inadmissibility
Language of the case: French
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 26 July 2023
ECLI:EU:T:2023:422 (Appeal: Case before the Court of Justice C-728/23 P) |
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Case T-269/21 Arctic Paper Grycksbo v Commission
Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – National implementing measures – Transitional free allocation of greenhouse gas emission allowances – Decision to exclude an installation exclusively using biomass – Duty of diligence – Right to be heard – Obligation to state reasons – Manifest error of assessment – Equal treatment – Legitimate expectations – Plea of illegality – Paragraph 1 of Annex I to Directive 2003/87
Language of the case: Swedish
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Judgment of the General Court (Second Chamber) of 26 July 2023
ECLI:EU:T:2023:429 |
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Case T-222/22 Engineering - Ingegneria Informatica v Commission and REA
Language of the case: Italian
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Judgment of the General Court (Seventh Chamber) of 26 July 2023
ECLI:EU:T:2023:437 |
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Information (on unpublished decisions)
Case T-639/20 TIB Chemicals v Commission
Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/1182 – Classification of dioctyltin dilaurate [1]; stannane, dioctyl-, bis (coco acyloxy) derivs. [2] – Read-across – Burden of proof – Manifest error of assessment – Impact assessment
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Judgment of the General Court (Second Chamber) of 5 July 2023 ECLI:EU:T:2023:374 |
Cases T-649/20, T-721/20 and T-767/20 Clean Aviation Joint Undertaking v NG
Arbitration clause – Seventh Framework Programme for the activities of research and development (FP7) – Grant agreements – Lack of supporting documents and non-compliance with the contractual requirements for part of the declared expenses – Repayment of the sums advanced – Jurisdiction of the General Court – Admissibility – Eligible costs – Burden of proof – Interest on arrears
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Judgment of the General Court (Fifth Chamber) of 5 July 2023 ECLI:EU:T:2023:379 |
Case T-770/21 OC v EEAS
Civil service – Officials – Staff of the EEAS – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Refusal of the request – Article 24 of the Staff Regulations – Obligation to state reasons – Right to be heard – Concept of ‘psychological harassment’ – Manifest error of assessment – Duty to have regard for the welfare of staff
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Judgment of the General Court (Tenth Chamber) of 5 July 2023 ECLI:EU:T:2023:378 |
Case T-10/22 Wajos v EUIPO (Forme d´un contenant)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a container – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) – Decision taken following the annulment by the General Court of an earlier decision – Res judicata
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Judgment of the General Court (Seventh Chamber) of 5 July 2023 ECLI:EU:T:2023:377 |
Case T-358/20 Net Technologies Finland v REA
Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Personnel costs – Reimbursement of sums paid – Eligibility of costs relating to in-house consultants – Burden of proof
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Judgment of the General Court (First Chamber) of 12 July 2023 ECLI:EU:T:2023:388 |
Case T-379/21 Vendrame v Commission
Access to documents – Regulation (EC) No 1049/2001 – Final report of the investigation by OLAF into the performance of a service contract financed by the EDF – Refusal to grant access – Exception relating to the protection of the decision-making process – Exception relating to protection of the purpose of inspections, investigations and audits – General presumption – Obligation to state reasons
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Judgment of the General Court (Ninth Chamber) of 12 July 2023 ECLI:EU:T:2023:399 |
Case T-491/21 Hungary v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Hungary – No double funding – Article 30 of Regulation (EU) No 1306/2013 – Article 28(1)(b) of Implementing Regulation (EU) No 809/2014 – Aid for afforestation – Article 22 of Regulation (EU) No 1305/2013 – Aid for greening – Article 43 of Regulation (EU) No 1307/2013 – Cumulation of aid
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Judgment of the General Court (First Chamber) of 12 July 2023 ECLI:EU:T:2023:389 (Appeal: Case before the Court of Justice C-587/23 P) |
Case T-694/21 aTmos Industrielle Lüftungstechnik v EUIPO – aTmos Industrielle Lüftungstechnik (aTmos)
EU trade mark – Invalidity proceedings – EU word mark aTmos – Earlier national trade names aTmos Industrielle Lüftungstechnik GmbH and aTmos – Relative ground for invalidity – Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 (now Article 60(1)(c) and Article 8(4) of Regulation (EU) 2017/1001) – Examination of the facts by the Office of its own motion – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (Fifth Chamber) of 12 July 2023 ECLI:EU:T:2023:395 |
Case T-27/22 Innovaciones Cosmético Farmacéuticas v EUIPO – Benito Oliver (th pharma)
EU trade mark – Opposition proceedings – Application for EU figurative mark TH PHARMA – Earlier national figurative mark TH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 12 July 2023 ECLI:EU:T:2023:390 |
Case T-261/22 mBank v EUIPO – European Merchant Bank (EMBANK European Merchant Bank)
EU trade mark – Invalidity proceedings – EU figurative mark EMBANK European Merchant Bank – Earlier EU figurative mark mBank – Earlier national word mark mBank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document submitted for the first time before the Board of Appeal
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Judgment of the General Court (Eighth Chamber) of 12 July 2023 ECLI:EU:T:2023:396 |
Case T-325/22 Nurel v EUIPO – FKuR Property (Terylene)
EU trade mark – Opposition proceedings – Application for EU word mark Terylene – Earlier EU word mark TERRALENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Proof of genuine use
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Judgment of the General Court (Eighth Chamber) of 12 July 2023 ECLI:EU:T:2023:397 |
Case T-487/22 Multiópticas v EUIPO – Nike Innovate (Representation of two black geometrical shapes)
EU trade mark – Opposition proceedings – Application for EU figurative mark representing two black geometrical shapes – Earlier EU and national figurative marks mó – Relative ground for refusal – No damage to reputation – Non‑similarity of the signs – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 12 July 2023 ECLI:EU:T:2023:391 |
Case T-585/22 Trus v EUIPO – Unilab (ARTRESAN)
EU trade mark – Revocation proceedings – EU word mark ARTRESAN – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001
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Judgment of the General Court (Third Chamber) of 12 July 2023 ECLI:EU:T:2023:392 |
Case T-662/22 Tavitova v EUIPO – Cordier (AURUS)
EU trade mark – Opposition proceedings – Application for EU figurative mark AURUS – International registration of the earlier word mark AUDAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 12 July 2023 ECLI:EU:T:2023:393 |
Case T-772/22 Fibrecycle v EUIPO (BACK-2-NATURE)
EU trade mark – International registration designating the European Union – Word mark BACK-2-NATURE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 12 July 2023 ECLI:EU:T:2023:394 |
Case T-126/23 R VC v EU-OSHA
Interim relief – Public supply contracts – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of information relating to that exclusion – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing up of interests
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Order of the President of the General Court of 14 July 2023 ECLI:EU:T:2023:405 (Appeal: Case before the Court of Justice C-456/23 P(R)) |
Case T-743/22 RII Mazepin v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – Prima facie case – Urgency – Weighing up of interests
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Order of the President of the General Court of 19 July 2023 ECLI:EU:T:2023:406 |
Case T-226/23 R Neuraxpharm Pharmaceuticals v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 19 July 2023 ECLI:EU:T:2023:409 |
Case T-227/23 R Mylan Ireland v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 19 July 2023 ECLI:EU:T:2023:408 |
Case T-228/23 R Zaklady Farmaceutyczne Polpharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 19 July 2023 ECLI:EU:T:2023:407 |
Case T-276/23 R Baldan v Commission
Interim relief – Dismissal of the main action – No need to adjudicate
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Order of the President of the General Court of 20 July 2023 ECLI:EU:T:2023:410 (Appeal: Case before the Court of Justice C-545/23 P(R)) |
Case T-222/23 R Arysta Lifescience v EFSA
Interim relief – Access to documents – Regulation (EC) No 1049/2001 – Documents related to the procedure for renewing the approval of an active substance – Documents originating from a third party – Decision to grant a third party access to the documents – Application for suspension of operation of a measure – Concept of ‘information relating to emissions into the environment’ – Regulation (EC) No 1367/2006 – Prima facie case – Urgency – Balancing of competing interests
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Order of the President of the General Court of 21 July 2023 ECLI:EU:T:2023:417 |
Cases T-256/23 and T-256/23 R Mylan Ireland v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 24 July 2023 ECLI:EU:T:2023:421 (Appeal: Case before the Court of Justice C-604/23 P(R)) |
Case T-257/23 R Neuraxpharm Pharmaceuticals v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 24 July 2023 ECLI:EU:T:2023:419 (Appeal: Case before the Court of Justice C-607/23 P(R)) |
Case T-258/23 R Zaklady Farmaceutyczne Polpharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 24 July 2023 ECLI:EU:T:2023:418 (Appeal: Case before the Court of Justice C-608/23 P(R)) |
Case T-278/23 R Zentiva and Zentiva Pharma v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Application for injunction – Lack of urgency
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Order of the President of the General Court of 24 July 2023 ECLI:EU:T:2023:420 (Appeal: Case before the Court of Justice C-609/23 P(R)) |
Case T-424/22 D'Agostino and Dafin v ECB
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Order of the General Court (Fourth Chamber) of 25 July 2023 ECLI:EU:T:2023:443 (Appeal: Case before the Court of Justice C-566/23 P) |
Case T-90/23 D’Agostino v ECB
Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 25 July 2023 ECLI:EU:T:2023:445 (Appeal: Case before the Court of Justice C-571/23 P) |
Case T-131/23 Nardi v ECB
Action for damages – Economic and monetary policy – Statement by the President of the ECB at a press conference – Division of powers between the decision-making bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 25 July 2023 ECLI:EU:T:2023:444 (Appeal: Case before the Court of Justice C-574/23 P) |
Case T-215/21 SMA Mineral v Commission
Environment – Directive 2003/87/EC – System for greenhouse gas emission allowance trading – Transitional free allocation of greenhouse gas emission allowances – Installation using an intermediate product covered by a product benchmark – Rejection of data relating to the free allocation of allowances concerning that installation – Manifest errors of assessment
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Judgment of the General Court (Second Chamber) of 26 July 2023 ECLI:EU:T:2023:427 |
Case T-244/21 Luossavaara-Kiirunavaara v Commission
Environment – Directive 2003/87/EC – System for greenhouse gas emission allowance trading – Transitional free allocation of greenhouse gas emission allowances – Installations producing a product which is not covered by a product benchmark – No direct substitutability between the products – Rejection of data relating to the free allocation of allowances concerning those installations – Obligation to state reasons – Manifest errors of assessment – Equal treatment – Duty of diligence – International obligations and commitments of the European Union – Plea of illegality
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Judgment of the General Court (Second Chamber) of 26 July 2023 ECLI:EU:T:2023:428 (Appeal: Case before the Court of Justice C-621/23 P) |
Joined Cases T-562/21 and T-590/21 Worldwide Brands v and Guangdong Camel Apparel v EUIPO – Guangdong Camel Apparel and Worldwide Brands (CAMEL CROWN)
EU trade mark – Opposition proceedings – Application for EU word mark CAMEL CROWN – International registration of the earlier figurative mark camel active – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 26 July 2023 ECLI:EU:T:2023:440 |
Case T-591/21 Apart v EUIPO – S. Tous (Representation of the outline of a bear)
EU trade mark – Invalidity proceedings – EU figurative mark representing the outline of a bear – Absolute ground for invalidity – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Fifth Chamber) of 26 July 2023 ECLI:EU:T:2023:433 (Appeal: Case before the Court of Justice C-597/23 P) |
Case T-601/21 DEP Pharmadom v EUIPO - Wellstat Therapeutics (WELLMONDE)
Procedure – Taxation of costs – Inadmissibility
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Order of the General Court (Third Chamber) of 26 July 2023 ECLI:EU:T:2023:453 |
Case T-638/21 Apart v EUIPO – S. Tous (Representation of the outline of a bear)
EU trade mark – Revocation proceedings – EU figurative mark representing the outline of a bear – Partial revocation – Genuine use of the trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Proof of genuine use
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Judgment of the General Court (Fifth Chamber) of 26 July 2023 ECLI:EU:T:2023:434 (Appeal: Case before the Court of Justice C-598/23 P) |
Case T-662/21 Troy Chemical Company v Commission
Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption of Implementing Regulation (EU) 2021/348 – Partial refusal of access – Exception relating to the protection of court proceedings – Exception relating to the protection of legal advice – Overriding public interest
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Judgment of the General Court (Ninth Chamber) of 26 July 2023 ECLI:EU:T:2023:442 |
Case T-745/21 Rotkäppchen-Mumm Sektkellereien v EUIPO – Cantina San Donaci (Passo Lungo)
EU trade mark – Opposition proceedings – Application for EU word mark Passo Lungo – Earlier national word mark Doppio Passo – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (Seventh Chamber) of 26 July 2023 ECLI:EU:T:2023:435 |
Case T-67/22 Guma Holdings v EUIPO – XTB (XTRADE)
EU trade mark – Invalidity proceedings – Figurative mark XTRADE – Relative ground for invalidity – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001
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Judgment of the General Court (Seventh Chamber) of 26 July 2023 ECLI:EU:T:2023:436 |
Case T-109/22 Schneider v EUIPO – Frutaria Innovation (frutania)
EU trade mark – Opposition proceedings – Application for the EU figurative mark frutania – Earlier EU figurative mark Frutaria – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 26 July 2023 ECLI:EU:T:2023:423 (Appeal: Case before the Court of Justice C-614/23 P) |
Case T-243/22 Pshonka v Council
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Judgment of the General Court (First Chamber) of 26 July 2023 ECLI:EU:T:2023:424 |
Case T-244/22 Pshonka v Council
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Judgment of the General Court (First Chamber) of 26 July 2023 ECLI:EU:T:2023:425 |
Case T-273/22 Engineering - Ingegneria Informatica v Commission
Arbitration clause – ‘Horizon 2020 – Framework Programme for Research and Innovation’ (2014-2020) – ‘Detecting and ANalysing TErrorist-related online contents and financing activities – DANTE’ project – Grant agreement – Action for annulment – Final audit report – Debit note – Acts not amenable to review – Acts forming part of a purely contractual context from which they are not separable – Inadmissibility – Staff costs – Bonuses calculated on the basis of commercial targets – Ineligibility – Legitimate expectations
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Judgment of the General Court (Seventh Chamber) of 26 July 2023 ECLI:EU:T:2023:438 |
Case T-315/22 Yayla Türk v EUIPO – Marmara Import-Export (Sütat)
EU trade mark – Invalidity proceedings – EU word mark Sütat – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Right to be heard
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Judgment of the General Court (Third Chamber) of 26 July 2023 ECLI:EU:T:2023:432 (Appeal: Case before the Court of Justice C-611/23 P) |
Case T-434/22 Topas v EUIPO – Tarczyński (VEGE STORY)
EU trade mark – Opposition proceedings – Application for the EU word mark VEGE STORY – Earlier EU word mark végé’ – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 26 July 2023 ECLI:EU:T:2023:426 |
Case T-439/22 Rada Perfumery v EUIPO – Prada (RADA PERFUMES)
EU trade mark – Opposition proceedings – Application for EU figurative mark RADA PERFUMES – Earlier EU figurative marks PRADA – Earlier EU figurative mark PRADA MILANO DAL 1913 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 26 July 2023 ECLI:EU:T:2023:441 |
Case T-663/22 Mood Media Netherlands v EUIPO – Tailoradio (RADIO MOOD In-store Radio, made easy)
EU trade mark – Opposition proceedings – Application for the EU figurative mark RADIO MOOD In-store Radio, made easy – Earlier EU figurative mark MOOD:MIX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 26 July 2023 ECLI:EU:T:2023:430 |
Case T-664/22 Mood Media Netherlands v EUIPO – Tailoradio (VIDEO MOOD Digital Signage, made easy)
EU trade mark – Opposition proceedings – Application for the EU figurative mark VIDEO MOOD Digital Signage, made easy – Earlier EU figurative mark MOOD:MIX – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 26 July 2023 ECLI:EU:T:2023:431 |
Case T-22/23 Markt-Pilot v EUIPO (MARKT-PILOT)
EU trade mark – Application for the EU word mark MARKT-PILOT – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 26 July 2023 ECLI:EU:T:2023:439 |
Case T-286/23 R OT v Council
Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russia’s actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Application for interim measures – No urgency
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Order of the President of the General Court of 26 July 2023 ECLI:EU:T:2023:446 |
Case T-786/22 Frajese v Commission
Action for annulment – Medicinal products for human use – Marketing authorisation for the medicinal product Spikevax – Marketing authorisation for the medicinal product Comirnaty – COVID‑19 vaccine – No interest in bringing proceedings – No direct concern – No individual concern – Inadmissibility
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Order of the General Court (Fifth Chamber) of 27 July 2023 ECLI:EU:T:2023:457 (Appeal: Case before the Court of Justice C-586/23 P) |
August 2023
Information (on unpublished decisions)
Case T-338/23 R Next Media Project v EFCA
Interim relief – Public supply contracts – Communication and event organisation services – Application for interim measures – No prima facie case
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Order of the President of the General Court of 9 August 2023 ECLI:EU:T:2023:467 |
Case T-675/22 Flynn v ECB
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Order of the General Court (Sixth Chamber) of 11 August 2023 ECLI:EU:T:2023:477 |
Case T-609/22 Nienaber v EUIPO – St. Hippolyt Mühle Ebert (BoneKare)
EU trade mark – Invalidity proceedings – EU word mark BoneKare – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 23 August 2023 ECLI:EU:T:2023:478 |
Case T-610/22 Nienaber v EUIPO (BoneKare)
EU trade mark – Application for EU word mark BoneKare – Absolute grounds for refusal – Descriptive character – No distinctive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Second Chamber) of 23 August 2023 ECLI:EU:T:2023:480 |
Case T-13/23 Balaban v EUIPO – Shenzhen Stahlwerk Welding Technology (STAHLWERK)
EU trade mark – Invalidity proceedings – EU word mark STAHLWERK – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 23 August 2023 ECLI:EU:T:2023:479 (Appeal: Case before the Court of Justice C-651/23 P) |
Case T-633/22 LD v EUIPO
Civil service – Officials – Article 42c of the Staff Regulations – Leave in the interests of the service – Withdrawal of rights and privileges – Categorisation as a complaint – Article 90 of the Staff Regulations – Lodging of a second complaint – Time limit for bringing proceedings – Inadmissibility
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Order of the General Court (Fourth Chamber) of 29 August 2023 ECLI:EU:T:2023:488 (Appeal: Case before the Court of Justice C-659/23 P) |
September 2023
Case T-748/20 Commission v CEVA and Others
Arbitration clause – Specific programme for research and development in the field of ‘Quality of Life and Management of Living Resources’ – Grant agreement – OLAF investigation report finding financial irregularities – Reimbursement of the sums paid – Applicable law – Limitation period – Impact of the OLAF report
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 6 September 2023
ECLI:EU:T:2023:521 (Appeal: Case before the Court of Justice C-686/23 P) |
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Case T-171/22 OR and OS v Commission
Civil service – Officials – Retirement pension – Pension rights acquired before entry into the service of the European Union – Transfer to the EU scheme – Period of less than 10 years’ service – Death – Refusal to repay capital representing national pension rights transferred and pension rights acquired in the PSEUI – Article 11(1) and Article 12(1)(b) of Annex VIII to the Staff Regulations – Unjust enrichment
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 6 September 2023
ECLI:EU:T:2023:520 |
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Case T-578/22 EDPS v Parliament and Council
Action for annulment – Law governing the institutions – Processing of personal data by Europol – Regulation (EU) 2016/794 – The institutional prerogatives of the EDPS – Locus standi – Action in part inadmissible and in part manifestly inadmissible
Language of the case: English
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Order of the General Court (First Chamber, Extended Composition) of 6 September 2023
ECLI:EU:T:2023:522 (Appeal: Case before the Court of Justice C-698/23 P) |
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Case T-65/18 RENV Venezuela v Council
Common foreign and security policy – Restrictive measures taken in view of the situation in Venezuela – Prohibition on the sale, supply, transfer or export of certain goods and services – Right to be heard – Obligation to state reasons – Material inaccuracy of the facts – Manifest error of assessment – Public international law
Language of the case: English
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Judgment of the General Court (Grand Chamber) of 13 September 2023
ECLI:EU:T:2023:529 |
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Case T-525/20 ITD and Danske Fragtmænd v Commission
State aid – Postal and road haulage sector – Complaint from a competitor – Capital contribution granted by a public undertaking to its subsidiary – Decision finding no State aid after the preliminary examination stage – Parent company of the group jointly controlled by two Member States – Approval of the capital contribution by the parent company of the group – Whether imputable to the State
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 13 September 2023 (Extracts)
ECLI:EU:T:2023:542 |
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Case T-131/16 RENV Belgium v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Adverse effect on competition – Recovery
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023
ECLI:EU:T:2023:561 |
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Cases T-263/16 RENV, T-265/16, T-311/16, T-319/16, T-321/16, T-343/16, T-350/16, T-444/16, T-800/16 and T-832/16 Magnetrol International and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
Language of the case: English
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023
ECLI:EU:T:2023:565 (Appeal: Case before the Court of Justice C-758/23 P) (Appeal: Case before the Court of Justice C-757/23 P) |
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Case T-706/22 Nicoventures Trading and Others v Commission
Action for annulment – Public health – Withdrawal of certain exemptions for heated tobacco products – Direct concern – Lack of individual concern – Inadmissibility
Language of the case: English
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Order of the General Court (Second Chamber) of 20 September 2023
ECLI:EU:T:2023:579 (Appeal: Case before the Court of Justice C-731/23 P) |
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Cases T-12/15, T-158/15 and T-258/15 Banco Santander and Others v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber) of 27 September 2023
ECLI:EU:T:2023:583 (Appeal: Case before the Court of Justice C-777/23 P) |
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Information (on unpublished decisions)
Case T-393/23 R Teva v Commission
Interim relief – Medicinal products for human use – Marketing authorisation – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 1 September 2023 ECLI:EU:T:2023:489 |
Case T-212/20 Gaz-System v ACER
Action for annulment – Energy – Regulation (EU) 2017/459 – Capacity allocation mechanisms in gas transmission systems – Selection of gas transmission capacity booking platforms – ACER decision in the absence of agreement between the national regulatory authorities – Selection procedure by ACER – Conditions for ACER to resume the proceedings after referral back by the Board of Appeal – Scope and intensity of the Board of Appeal’s review of the legality of ACER decisions – Manifestly well-founded action
Case T-200/21 JS v EDPS
Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Rejection of the complaint to the EDPS concerning the storage and processing of personal data by the SRB – Refusal of the request for review – Right to erasure – Right to object – Right to restriction of processing – Article 26 of the Staff Regulations – Principle of sound administration
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:493 |
Case T-600/21 WS and Others v Frontex
Non-contractual liability – Regulation (EU) 2016/1624 – Directive 2013/32/EU – Directive 2008/115/EC – Frontex’s obligations relating to the protection of fundamental rights – No abuse of process – Admissibility – Causal link
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Judgment of the General Court (Sixth Chamber) of 6 September 2023 ECLI:EU:T:2023:492 (Appeal: Case before the Court of Justice C-679/23 P) |
Case T-643/21 Foodwatch v Commission
Access to documents – Regulation (EC) No 1049/2001 – Preparatory document for a meeting of the RCF – CETA between Canada, of the one part, and the European Union and its Member States, of the other part – Partial refusal of access – Exception relating to the protection of the public interest in matters of international relations – Obligation to state reasons – Obligation to carry out a concrete examination
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Judgment of the General Court (Ninth Chamber) of 6 September 2023 ECLI:EU:T:2023:519 |
Case T-774/21 DPG Deutsche Pfandsystem v EUIPO – Užstato sistemos administratorius (Représentation d'une bouteille avec une flèche)
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a bottle and an arrow – Earlier EU figurative mark representing a can, a bottle and an arrow – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No genuine use of the earlier mark – Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001)
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Judgment of the General Court (Eighth Chamber) of 6 September 2023 ECLI:EU:T:2023:518 |
Case T-786/21 Team Beverage v EUIPO (TEAM BUSINESS IT DATEN - PROZESSE - SYSTEME)
EU trade mark – Application for EU figurative mark TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 6 September 2023 ECLI:EU:T:2023:507 |
Case T-45/22 Weider Germany v EUIPO – Den i Nosht (YIPPIE!)
EU trade mark – Invalidity proceedings – EU word mark YIPPIE! – Earlier EU word mark Yuppie – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 57(2) of Regulation No 207/2009 (now Article 64(2) of Regulation 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 6 September 2023 ECLI:EU:T:2023:513 |
Case T-107/22 Adega Ponte da Boga v EUIPO – Viñedos y Bodegas Dominio de Tares (P3 DOMINIO DE TARES)
European Union trade mark – Invalidity proceedings – European Union figurative mark P3 DOMINIO DE TARES – Earlier national figurative mark P PONTE DA BOGA – Relative ground for invalidity – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:494 |
Case T-108/22 Sopra Steria Benelux and Unisys Belgium v Commission
Public service contracts – Tendering procedure – Services for the specification, development, maintenance and support of IT platforms for the Directorate-General Taxation and Customs Union – Decision taken following the annulment by the General Court of a previous decision – Rejection of the tender submitted by a tenderer and award of the contract to the tenderer whose tender had initially been accepted – Execution of a judgment of the General Court – Article 266 TFEU – Manifest error of assessment
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:495 |
Case T-252/22 Timchenko v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned – Obligation to state reasons – Article 2(1)(a) and (d) of Decision 2014/145/CFSP – Error of assessment – Right to be heard
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:496 (Appeal: Case before the Court of Justice C-702/23 P) |
Case T-270/22 Pumpyanskiy v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Concept of ‘leading businessperson’ – Proportionality
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:490 (Appeal: Case before the Court of Justice C-696/23 P) |
Case T-272/22 Pumpyanskaya v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Concept of ‘association’ – Proportionality
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:491 (Appeal: Case before the Court of Justice C-695/23 P) |
Case T-276/22 Groz-Beckert v EUIPO (Position des couleurs blanche, rouge et vert sapin sur un emballage rectangulaire)
EU trade mark – Application for the EU trade mark consisting in the application of the colours white, red and dark green to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:497 (Appeal: Case before the Court of Justice C-691/23 P) |
Case T-277/22 Groz-Beckert v EUIPO (Position des couleurs rouge et blanche sur un emballage rectangulaire)
EU trade mark – Application for the EU trade mark consisting in the application of the colours red and white to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:498 |
Case T-291/22 Pumpyanskiy v Council
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:499 |
Case T-312/22 QC and Others v EUIPO – Wyrębski (RED BRAND CHICKEN)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark RED BRAND CHICKEN – Shape of a white and red rectangular box – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 6 September 2023 ECLI:EU:T:2023:514 (Appeal: Case before the Court of Justice C-688/23 P) |
Case T-316/22 QC and Others v EUIPO – Wyrębski (BLUE BRAND CHICKEN)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark BLUE BRAND CHICKEN – Shape of a white and blue rectangular box – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Seventh Chamber) of 6 September 2023 ECLI:EU:T:2023:515 (Appeal: Case before the Court of Justice C-689/23 P) |
Case T-335/22 Khudaverdyan v Council
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:500 (Appeal: Case before the Court of Justice C-704/23 P) |
Case T-350/22 adp Merkur v EUIPO – Play’n GO Marks (GAME OF GLADIATORS)
EU trade mark – Opposition proceedings – Application for the EU word mark GAME OF GLADIATORS – Earlier EU word mark Gladiator – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – No genuine use – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:501 |
Case T-361/22 Timchenko v Council
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:502 (Appeal: Case before the Court of Justice C-703/23 P) |
Case T-377/22 Cayago Tec v EUIPO – iAqua (Shenzhen) (Personal watercraft, speedboat)
Community design – Invalidity proceedings – Registered Community design representing a personal watercraft or a boat – Earlier Community designs – Grounds for invalidity – Conditions for protection – Individual character – Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 – Degree of freedom of the designer – Overall impression – National judicial proceedings – Expert report
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:504 (Appeal: Case before the Court of Justice C-700/23 P) |
Case T-425/22 Kalypso Media Group v EUIPO (COMMANDOS)
EU trade mark – Application for EU word mark COMMANDOS – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 6 September 2023 ECLI:EU:T:2023:508 |
Case T-492/22 Iwuć v EUIPO – Hangzhou XiangHui (Boîte d’emballage et assortiment de chaussettes)
Community design – Invalidity proceedings – Registered Community design representing a packaging box and a set of socks – Grounds for invalidity – Articles 5, 7 and 25(1)(b) of Regulation (EC) No 6/2002
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Judgment of the General Court (Seventh Chamber) of 6 September 2023 ECLI:EU:T:2023:516 |
Case T-557/22 Chmielarz v EUIPO – Granulat (granulat)
EU trade mark – Opposition proceedings – Application for the EU figurative mark granulat – International registration of the earlier figurative mark GRANULAT2000 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:505 |
Case T-576/22 Bora Creations v EUIPO – True Skincare (TRUE SKIN)
EU trade mark – Opposition proceedings – Application for the EU word mark TRUE SKIN – Earlier EU figurative mark TRUE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 6 September 2023 ECLI:EU:T:2023:509 |
Case T-601/22 Consultora de Telecomunicaciones Optiva Media v EUIPO – Optiva Canada (OPTIVA MEDIA)
EU trade mark – Revocation proceedings – EU figurative mark OPTIVA MEDIA – Genuine use of the mark – Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Assessment of the evidence
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Judgment of the General Court (Second Chamber) of 6 September 2023 ECLI:EU:T:2023:510 |
Case T-658/22 Allegro v EUIPO (SMART!)
EU trade mark – Application for the EU word mark SMART! – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 6 September 2023 ECLI:EU:T:2023:517 |
Case T-728/22 Industrias Lácteas Asturianas v EUIPO – Qingdao United Dairy (NAMLAC)
EU trade mark – Opposition proceedings – Application for the EU word mark NAMLAC – Earlier Spanish figurative mark Analac – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 6 September 2023 ECLI:EU:T:2023:511 |
Case T-1/23 Enmacc v Commission
Public supply contracts – Procurement procedure – Organisation of demand aggregation and tendering of gas under the EU Energy Platform – Negotiated procedure without prior publication of a contract notice – Refusal of a request to participate in the procedure – Obligation to state reasons – Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 – Transparency – Equal treatment
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Judgment of the General Court (First Chamber) of 6 September 2023 ECLI:EU:T:2023:506 |
Case T-523/22 MeSoFa v Commission and SRB
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Order of the General Court (Seventh Chamber) of 8 September 2023 ECLI:EU:T:2023:559 (Appeal: Case before the Court of Justice C-708/23 P) |
Case T-524/22 MeSoFa v Council and Others
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Order of the General Court (Seventh Chamber) of 8 September 2023 ECLI:EU:T:2023:558 (Appeal: Case before the Court of Justice C-709/23 P) |
Case T-411/23 R YS v Council and Commission
Interim relief – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Derived unlawfulness – Candidates nominated by Greece – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 8 September 2023 ECLI:EU:T:2023:528 |
Case T-349/21 Germany v Commission
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Judgment of the General Court (Third Chamber) of 13 September 2023 ECLI:EU:T:2023:539 |
Case T-86/22 Associazione "Terra Mia Amici No Tap" v EIB
Environment – Financing of the Trans-Adriatic Pipeline – Deliberation of the EIB approving the financing – Publication – Article 10 of Regulation (EC) No 1367/2006 – Request for internal review – Late submission of request
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Judgment of the General Court (Third Chamber) of 13 September 2023 ECLI:EU:T:2023:540 |
Case T-137/22 Netherlands v Commission
Action for annulment – EAGF – Regulation (EU) No 1306/2013 – Undue payment – Letter rejecting the request for extension of the eight-year time limit for recovery – Act not open to challenge – Inadmissibility
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Judgment of the General Court (Third Chamber) of 13 September 2023 ECLI:EU:T:2023:541 |
Case T-163/22 Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS)
EU trade mark – Opposition proceedings – Application for EU figurative mark TMC TRANSFORMERS – International registration of the earlier figurative mark TMC – 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)
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Judgment of the General Court (Second Chamber) of 13 September 2023 ECLI:EU:T:2023:534 |
Case T-167/22 Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS)
EU trade mark – Opposition proceedings – Application for EU word mark TMC TRANSFORMERS – International registration of the earlier figurative mark TMC – 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)
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Judgment of the General Court (Second Chamber) of 13 September 2023 ECLI:EU:T:2023:535 |
Case T-305/22 Rashnikov v Council
Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Listing and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned – Notion of ‘leading businessperson’ – Obligation to state reasons – Error of assessment – Proportionality
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Judgment of the General Court (First Chamber) of 13 September 2023 ECLI:EU:T:2023:530 (Appeal: Case before the Court of Justice C-711/23 P) |
Case T-324/22 Ecoalf Recycled Fabrics v EUIPO (BECAUSE THERE IS NO PLANET B)
European Union trade mark – Application for the European Union word mark BECAUSE THERE IS NO PLANET B – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Equal treatment
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Judgment of the General Court (Second Chamber) of 13 September 2023 ECLI:EU:T:2023:536 |
Case T-328/22 Korres v EUIPO – Naos (EST. KORRES 1996 HYDRA-BIOME)
EU trade mark – Opposition proceedings – Application for the EU figurative mark EST. KORRES 1996 HYDRA-BIOME – Earlier national word mark HYDRABIO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – First sentence of Article 95(1) of Regulation 2017/1001
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Judgment of the General Court (First Chamber) of 13 September 2023 ECLI:EU:T:2023:533 |
Case T-473/22 Gürok Turizm ve Madencilik v EUIPO – Darvas and Pap (LΛΛVΛ)
EU trade mark – Opposition proceedings – Application for the EU figurative mark LΛΛVΛ – Earlier EU figurative marks LAV and Lav – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1), second sentence, of Regulation 2017/1001
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Judgment of the General Court (Sixth Chamber) of 13 September 2023 ECLI:EU:T:2023:543 (Appeal: Case before the Court of Justice C-670/23 P) |
Case T-488/22 Kaufdas.online v EUIPO – Kaufland (KAUFDAS ONLINE)
EU trade mark – Opposition proceedings – Application for EU figurative mark KAUFDAS ONLINE – Earlier EU word mark KAUFLAND and earlier figurative mark Kaufland – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 13 September 2023 ECLI:EU:T:2023:537 |
Case T-549/22 Prolactal v EUIPO – Prolàctea (PROLACTAL)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PROLACTAL – Earlier national figurative mark Prolàctea – Relative ground for refusal – Similarity of the signs – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation (EU) 2018/625 – Obligation to state reasons – Article 94 of Regulation 2017/1001 and Article 41(2) of the Charter of Fundamental Rights
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Judgment of the General Court (Second Chamber) of 13 September 2023 ECLI:EU:T:2023:538 |
Case T-552/22 mataharispaclub v EUIPO – Rouha (SpaClubMatahari)
EU trade mark – Invalidity proceedings – EU word mark SpaClubMatahari – Absolute ground for invalidity – No bad faith – Article 59(1)(b) of Regulation (EU) 2017/1001 – Inadmissibility – Article 177(1)(d) of the Rules of Procedure of the General Court
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Judgment of the General Court (Sixth Chamber) of 13 September 2023 ECLI:EU:T:2023:544 |
Case T-745/22 DGNB v EUIPO (Représentation d’une ligne blanche incurvée dans un carré foncé)
EU trade mark – Application for an EU figurative mark representing a curved white line in a dark square – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 13 September 2023 ECLI:EU:T:2023:545 |
Cases T-201/16, T-335/16, T-357/16 and T-369/16 Soudal and Others v Commission
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:566 (Appeal: Case before the Court of Justice C-735/23 P) (Appeal: Case before the Court of Justice C-734/23 P) |
Cases T-266/16, T-324/16, T-351/16, T-363/16, T-371/16 and T-388/16 Capsugel Belgium and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:567 (Appeal: Case before the Court of Justice C-742/23 P) (Appeal: Case before the Court of Justice C-740/23 P) (Appeal: Case before the Court of Justice C-741/23 P) (Appeal: Case before the Court of Justice C-738/23 P) (Appeal: Case before the Court of Justice C-737/23 P) (Appeal: Case before the Court of Justice C-739/23 P) |
Cases T-278/16 and T-370/16 Atlas Copco Airpower and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:568 (Appeal: Case before the Court of Justice C-755/23 P) (Appeal: Case before the Court of Justice C-756/23 P) |
Case T-373/16 Victaulic Europe v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:562 |
Case T-420/16 SJM Coordination Center v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:563 (Appeal: Case before the Court of Justice C-754/23 P) |
Cases T-467/16 and T-681/16 Flir Systems Trading Belgium and Henkel Belgium v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:569 |
Case T-637/16 ZF CV Systems Europe v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:564 |
Cases T-858/16 and T-867/16 Dow Silicones and Others v Commission
State aid – Aid scheme put into effect by Belgium – Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted – Tax ruling – Taxable profit – Excess profit exemption – Advantage – Selectivity – Recovery
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Judgment of the General Court (Second Chamber, Extended Composition) of 20 September 2023 ECLI:EU:T:2023:570 (Appeal: Case before the Court of Justice C-752/23 P) |
Case T-516/21 Italy v Commission
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Judgment of the General Court (First Chamber) of 20 September 2023 ECLI:EU:T:2023:572 |
Case T-648/21 YD v FRA
Civil service – Temporary staff – Staff of the FRA – Withdrawal of the United Kingdom from the European Union – Loss of nationality of a Member State – Contract for an indefinite period – Termination of the contract – Article 47(c)(ii) of the CEOS – Application for an exception to the condition of engagement laid down in Article 12(2)(a) of the CEOS – Refusal to grant an exception – Right to be heard – Principle of impartiality – Legal certainty – Principle of non-discrimination – Interests of the service – Duty of care – Manifest error of assessment
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Judgment of the General Court (Fourth Chamber) of 20 September 2023 ECLI:EU:T:2023:575 |
Case T-210/22 Procter & Gamble v EUIPO (Safeguard)
EU trade mark – Application for EU figurative mark Safeguard – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 20 September 2023 ECLI:EU:T:2023:574 |
Case T-293/22 PB v SRB
Civil service – Temporary staff – Reclassification – 2021 reclassification exercise – Decision not to reclassify – Article 54 of the CEOS – General provisions for the implementation of Article 54 of the CEOS – Obligation to consider comparative merits – Obligation to state reasons – Criterion relating to the level of responsibilities exercised – Seniority in the grade – Reclassification quotas – Equal treatment – Manifest error of assessment
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Judgment of the General Court (Tenth Chamber) of 20 September 2023 ECLI:EU:T:2023:577 (Appeal: Case before the Court of Justice C-727/23 P) |
Case T-616/22 Breville v EUIPO (Dispositifs de cuisson)
Community design – Registered Community design representing cooking devices – Application for registration’s renewal – Application for restitutio in integrum – Article 67 of Regulation (EC) No 6/2002
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Judgment of the General Court (Sixth Chamber) of 20 September 2023 ECLI:EU:T:2023:576 (Appeal: Case before the Court of Justice C-707/23 P) |
Case T-504/23 R Terminal Ouest Provence v CINEA
Interim measures – Connecting Europe Facility (CEF) – Grant agreement – Arbitration clause – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 25 September 2023 ECLI:EU:T:2023:581 |
Case T-826/14 Spain v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 27 September 2023 ECLI:EU:T:2023:582 (Appeal: Case before the Court of Justice C-776/23 P) |
Cases T-252/15 and T-257/15 Ferrovial and Others v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 27 September 2023 ECLI:EU:T:2023:584 (Appeal: Case before the Court of Justice C-780/23 P) |
Case T-253/15 Sociedad General de Aguas de Barcelona v Commission
State aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 27 September 2023 ECLI:EU:T:2023:585 (Appeal: Case before the Court of Justice C-778/23 P) |
Cases T-256/15 and T-260/15 Telefónica and Iberdrola v Commission
State Aid – Aid scheme implemented by Spain – Deduction of corporation tax allowing companies which are tax resident in Spain to amortise goodwill resulting from the indirect acquisition of shareholdings in non-resident companies through the direct acquisition of shareholdings in non-resident holding companies – Decision declaring the aid scheme unlawful and incompatible with the internal market and ordering the recovery of the aid paid out – Decision 2011/5/EC – Decision 2011/282/EU – Scope – Withdrawal of an act – Legal certainty – Legitimate expectations
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Judgment of the General Court (Eighth Chamber) of 27 September 2023 ECLI:EU:T:2023:586 (Appeal: Case before the Court of Justice C-779/23 P) |
Case T-306/23 R Red Bull and Others v Commission
Application for interim measures – Competition – Commission decision ordering an inspection – Application for suspension of operation – No urgency
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Order of the President of the General Court of 29 September 2023 ECLI:EU:T:2023:590 |
October 2023
Case T-77/20 Ascenza Agro and Industrias Afrasa v Commission
Plant protection products – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) 2020/17 – Non-renewal of approval of the active substance chlorpyrifos-methyl – Action for annulment – Standing to bring proceedings – Admissibility – Obligation to examine all the conditions and criteria set out in Regulation No 1107/2009 – Absence of an EFSA conclusion – Transparency obligation – Right to be heard – Obligation to state reasons – Divergent risk assessments by the rapporteur Member State and EFSA – Obligation to take into account all the relevant factors of the case – Interim report on an ongoing study – Precautionary principle – Burden of proof and matter to be proved – Manifest error of assessment – Applicability of the read-across approach and of the weight-of-evidence approach – Possibility of relying on the ECHA and EFSA guidelines
Language of the case: English
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Judgment of the General Court (Seventh Chamber, Extended Composition) of 4 October 2023
ECLI:EU:T:2023:602 (Appeal: Case before the Court of Justice C-773/23 P) |
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Case T-598/21 Euranimi v Commission
Protective measures – Steel products market – Imports of certain steel products – Implementing Regulation (EU) 2021/1029 – Action for annulment – Interest in bringing proceedings – Locus standi – Admissibility – Prolongation of a safeguard measure – Necessity – Threat of serious injury – Adjustment measures – Interest of the European Union – Manifest error of assessment
Language of the case: English
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Judgment of the General Court (Tenth Chamber) of 4 October 2023
ECLI:EU:T:2023:606 (Appeal: Case before the Court of Justice C-772/23 P) |
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Case T-529/22 QT v EIB
Civil service – EIB staff – Remuneration – Dependent child allowance – Education allowances – Recovery of sums paid but not due – Lack of competence of the author of the act – Infringement of the limitation period
Language of the case: French
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 11 October 2023
ECLI:EU:T:2023:618 |
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Case T-402/20 Zippo Manufacturing and Zippo v Commission
Commercial policy – Regulation (EU) 2020/502 – Measures adopted by the United States on imports of certain derivative aluminium and steel products – European Union decision to suspend equivalent trade concessions and other obligations – Additional customs duties on imports of products originating in the United States – Action for annulment – Standing to bring proceedings – Admissibility – Principle of good administration – Right to be heard
Language of the case: English
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Judgment of the General Court (Third Chamber) of 18 October 2023
ECLI:EU:T:2023:640 (Appeal: Case before the Court of Justice C-811/23 P) |
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Case T-590/20 Clariant and Clariant International v Commission
Competition – Agreements, decisions and concerted practices – Ethylene market – Decision finding an infringement of Article 101 TFEU – Coordination on a purchase price element – Settlement procedure – Fine – Adjustment of the basic amount of the fine – Point 37 of the Guidelines on the method of setting fines – Repeat infringement – Point 28 of the Guidelines on the method of setting fines – Unlimited jurisdiction – Counterclaim for increase of the amount of the fine
Language of the case: English
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Rectification order of 7 March 2024
ECLI:EU:T:2024:158 |
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Judgment of the General Court (Third Chamber, Extended Composition) of 18 October 2023
ECLI:EU:T:2023:650 |
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Case T-74/21 Teva Pharmaceutical Industries and Cephalon v Commission
Competition – Agreements, decisions and concerted practices – Modafinil market – Decision finding an infringement of Article 101 TFEU – Patent dispute settlement agreement – Restriction of competition by object – Characterisation – Restriction of competition by effect – Conditions for exemption under Article 101(3) TFEU – Fines
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 18 October 2023
ECLI:EU:T:2023:651 (Appeal: Case before the Court of Justice C-2/24 P) |
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Case T-535/22 NZ v Commission
Civil service – Officials – Recruitment – Internal competition COM/1/AD 10/18 – Decision not to include the applicant on the reserve list – Equal treatment – Stability in the composition of the selection board – Unlimited jurisdiction – Non-material damage
Language of the case: French
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Judgment of the General Court (Fifth Chamber) of 18 October 2023
ECLI:EU:T:2023:653 |
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Case T-136/19 Bulgarian Energy Holding and Others v Commission
Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts)
ECLI:EU:T:2023:669 (Appeal: Case before the Court of Justice C-14/24 P) |
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Case T-688/21 BNP Paribas Public Sector v SRB
Arbitration clause – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Contracts concerning the irrevocable payment commitment and the collateral arrangements – Rejection of the request for return of collateral linked to ex ante contributions provided in the form of irrevocable payment commitments – Institution whose authorisation has been withdrawn – Article 7(3) of Implementing Regulation (EU) 2015/81 – Non-contractual liability – Unjust enrichment
Language of the case: French
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Judgment of the General Court (Seventh Chamber) of 25 October 2023
ECLI:EU:T:2023:675 (Appeal: Case before the Court of Justice C-4/24 P) |
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Case T-48/23 Tomac v Council
Action for annulment – Institutional law – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Required unanimity not achieved – Manifest inadmissibility in part – Request for a time limit capable of allowing the action to be resumed – Manifest lack of jurisdiction in part
Language of the case: French
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Order of the General Court (Fourth Chamber) of 26 October 2023
ECLI:EU:T:2023:684 (Appeal: Case before the Court of Justice C-787/23 P) |
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Case T-244/23 Tomac v Council
Action for failure to act – Institutional law – Full application of the provisions of the Schengen acquis in Romania – Obligation to adopt a decision pursuant to Article 4 of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union – Status of privileged applicant – Action manifestly lacking any foundation in law
Language of the case: French
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Order of the General Court (Fourth Chamber) of 26 October 2023
ECLI:EU:T:2023:685 (Appeal: Case before the Court of Justice C-786/23 P) |
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Information (on unpublished decisions)
Case T-407/21 PB v Commission
Public supply contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedure – Recovery of amounts unduly paid – Director of the recipient company – Non-contractual liability
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Judgment of the General Court (Third Chamber) of 4 October 2023 ECLI:EU:T:2023:603 (Appeal: Case before the Court of Justice C-768/23 P) |
Case T-444/22 HB v Commission
Public service contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Payment of a debt by way of out of court set-off – Legal basis – Competence of the author of the act – Whether the claim is certain and of a fixed amount – Non-contractual liability
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Judgment of the General Court (Third Chamber) of 4 October 2023 ECLI:EU:T:2023:604 (Appeal: Case before the Court of Justice C-770/23 P) |
Case T-510/22 Sastela v EUIPO – Zenergo (Tante Mitzi Caffè CAFFÈ - STRUDEL - BARETTO)
EU trade mark – Revocation proceedings – EU figurative mark Tante Mitzi Caffè CAFFÈ – STRUDEL – BARETTO – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Facts relied on or evidence submitted for the first time before the Board of Appeal – Article 27(4) of Delegated Regulation (EU) 2018/625
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Judgment of the General Court (Third Chamber) of 4 October 2023 ECLI:EU:T:2023:605 |
Case T-525/22 Sberbank v Commission and SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme – Endorsement decision by the Commission – Lack of direct concern – Inadmissibility
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Order of the General Court (Seventh Chamber) of 10 October 2023 ECLI:EU:T:2023:633 (Appeal: Case before the Court of Justice C-791/23 P) |
Case T-526/22 Sberbank v Commission and SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption by the SRB of a resolution scheme – Endorsement decision by the Commission – Lack of direct concern – Inadmissibility
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Order of the General Court (Seventh Chamber) of 10 October 2023 ECLI:EU:T:2023:628 (Appeal: Case before the Court of Justice C-792/23 P) |
Case T-527/22 Sberbank v SRB
Action for annulment – Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Decision of the SRB not to adopt a resolution scheme – Shareholders – Lack of direct concern – Inadmissibility
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Order of the General Court (Seventh Chamber) of 10 October 2023 ECLI:EU:T:2023:629 (Appeal: Case before the Court of Justice C-793/23 P) |
Case T-484/14 Monthisa Residencial v Commission
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Order of the General Court (Eighth Chamber) of 11 October 2023 ECLI:EU:T:2023:622 |
Case T-760/21 DCM Film Distribution v Commission
Culture – Creative Europe Programme (2014 to 2020) – MEDIA Sub-programme – Call for proposals EACEA/22/2019 – EACEA decision rejecting an application for failing to meet the eligibility criteria – Commission decision dismissing the administrative appeal against the EACEA decision – Concept of ‘European company’ – Grant open only to applicants owned, directly or by majority participation, by nationals of a Member State of the European Union or by nationals of other European countries participating in the sub-programme – Errors of law and of assessment – Equal treatment – Proportionality
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Judgment of the General Court (Second Chamber) of 11 October 2023 ECLI:EU:T:2023:612 |
Case T-296/22 Flowbird v EUIPO – APCOA Parking Holdings (FLOWBIRD)
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Judgment of the General Court (Second Chamber) of 11 October 2023 ECLI:EU:T:2023:613 |
Case T-317/22 PF v Parliament
Civil service – Officials – Recruitment – Open competition PE/AD/260/2021 – Decision not to admit the applicant to the oral tests – Obligation to state reasons – Impartiality – Manifest error of assessment
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Judgment of the General Court (Tenth Chamber) of 11 October 2023 ECLI:EU:T:2023:620 |
Case T-415/22 Cyprus v EUIPO – Fontana Food (GRILLOUMI)
EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Third Chamber) of 11 October 2023 ECLI:EU:T:2023:615 |
Case T-435/22 Pascoe pharmazeutische Präparate v EUIPO – Novartis Pharma (PASCELMO)
EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark PASCELMO – Earlier EU word mark PASCOE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 11 October 2023 ECLI:EU:T:2023:610 |
Case T-490/22 Dr. Rudolf Liebe Nachfolger v EUIPO – Bit Beauty (ayuna LESS IS BEAUTY)
EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ayuna LESS IS BEAUTY – Earlier EU word mark AJONA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 11 October 2023 ECLI:EU:T:2023:616 |
Case T-516/22 Deutsche Glasfaser Wholesale v EUIPO – O2 Worldwide (brightblue)
EU trade mark – Opposition proceedings – Application for the EU figurative mark brightblue – Earlier EU word mark BLUE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Eighth Chamber) of 11 October 2023 ECLI:EU:T:2023:619 |
Case T-542/22 Martin Rodrigo v EUIPO – Louis Vuitton Malletier (CALIFORNIA Dreaming by Made in California)
EU trade mark – Opposition proceedings – Application for the EU figurative mark CALIFORNIA Dreaming by Made in California – Earlier Benelux word mark CALIFORNIA DREAM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 11 October 2023 ECLI:EU:T:2023:611 |
Case T-52/23 Olive Line International v EUIPO – Santa Rita Harinas (SANTARRITA)
EU trade mark – Opposition proceedings – Application for EU word mark SANTARRITA – Earlier EU figurative mark Santa Rita – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier trade mark – Article 47(2) of Regulation 2017/1001
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Judgment of the General Court (Second Chamber) of 11 October 2023 ECLI:EU:T:2023:614 |
Case T-87/23 Biogena v EUIPO (THE GOOD GUMS)
EU trade mark – International registration designating the European Union – Figurative mark THE GOOD GUMS – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
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Judgment of the General Court (Third Chamber) of 11 October 2023 ECLI:EU:T:2023:617 |
Case T-799/22 Thunus and Others v EIB
Civil Service – Staff of the EIB – Remuneration – Annual salary adjustment – Plea of illegality – Res judicata – Legitimate expectations – Staff consultation – Obligation to state reasons – Duty of care – Action manifestly lacking any foundation in law
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Order of the General Court (Tenth Chamber) of 12 October 2023 ECLI:EU:T:2023:624 |
Case T-553/23 R Latombe v Commission
Interim measures – Protection of personal data – EU-US Data Privacy Framework – Decision on the adequacy of the level of protection – Application for suspension of operation of a measure – No urgency
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Order of the President of the General Court of 12 October 2023 ECLI:EU:T:2023:621 |
Case T-42/21 RENV Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Action for annulment – Resolution of the Parliament on the de facto prohibition of the right to abortion in Poland – Act not amenable to review – Inadmissibility
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Order of the General Court (Fifth Chamber) of 13 October 2023 ECLI:EU:T:2023:666 |
Case T-737/20 Ryanair v Commission (airBaltic ; COVID-19)
State aid – Latvian air transport market – Aid granted by Latvia to airBaltic in the context of the COVID-19 pandemic – Recapitalisation – Decision not to raise any objections – Action for annulment – Locus standi – Admissibility – Temporary Framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Identification of the relevant market – Significant market power – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 18 October 2023 ECLI:EU:T:2023:641 |
Case T-769/20 Ryanair v Commission (Nordica ; COVID-19)
State aid – Estonian air transport market – Aid granted by Estonia to an airline in the context of the COVID-19 pandemic – Recapitalisation and grant of a subsidised loan to Nordica – Decision not to raise any objections – Temporary Framework for State Aid – Measure intended to remedy a serious disturbance in the economy of a Member State – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 18 October 2023 ECLI:EU:T:2023:642 |
Case T-14/21 Ryanair v Commission (Brussels Airlines ; COVID-19)
State aid – Belgian air transport market – Aid granted by Belgium to Brussels Airlines in the context of the COVID-19 pandemic – Recapitalisation – Loan – Decision not to raise objections – Temporary framework for State aid measures – Measure intended to remedy a serious disturbance in the economy of a Member State – Failure to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition – Equal treatment – Freedom of establishment – Freedom to provide services – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 18 October 2023 ECLI:EU:T:2023:643 |
Case T-162/21 BZ v ECB
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Judgment of the General Court (First Chamber) of 18 October 2023 ECLI:EU:T:2023:647 |
Case T-225/21 Ryanair v Commission (Alitalia I ; COVID-19)
State aid – Italian air-transport market – Aid granted by Italy to an airline in the context of the COVID-19 pandemic – Direct grant – Decision not to raise any objections – Aid intended to make good the damage caused by an exceptional occurrence – Article 107(2)(b) TFEU – Consideration of earlier aid measures in favour of the same beneficiary which is the subject of pending formal investigations – Assessment of damages – Causal link – Principle of non-discrimination – Free provision of services – Freedom of establishment – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 18 October 2023 ECLI:EU:T:2023:644 |
Case T-332/21 Wizz Air Hungary v Commission (TAROM ; COVID-19)
State aid – Romanian air transport market – Aid granted by Romania to TAROM in the context of the COVID-19 pandemic – State guarantee on loans – Decision not to raise any objections – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market in question – Admissibility – Aid intended to make good the damage caused by an exceptional occurrence – Assessment of the damage – Causal link – Beneficiary’s pre-existing difficulties – Principle of non-discrimination – Freedom to provide services – Freedom of establishment – Obligation to state reasons
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Judgment of the General Court (Tenth Chamber) of 18 October 2023 ECLI:EU:T:2023:645 |
Case T-532/21 MAZ-upravljajusaja kompanija holdinga Belavtomaz v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment
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Judgment of the General Court (Ninth Chamber) of 18 October 2023 ECLI:EU:T:2023:656 |
Case T-533/21 Belaz-upravljajusaja kompanija holdinga Belaz Holding v Council
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment
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Judgment of the General Court (Ninth Chamber) of 18 October 2023 ECLI:EU:T:2023:657 |
Case T-605/21 TestBioTech v Commission
Environment – Genetically modified products – Genetically modified maize containing, consisting of or produced from MON 87427 × MON 87460 × MON 89034 × MIR162 × NK603 and its subcombinations – Rejection of an application for internal review of an authorisation for placing on the market – Manifest error of assessment – Article 10 of Regulation (EC) No 1367/2006 – Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 – Article 5 of Implementing Regulation (EU) No 503/2013
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Judgment of the General Court (Second Chamber) of 18 October 2023 ECLI:EU:T:2023:648 |
Case T-606/21 TestBioTech v Commission
Environment – Genetically modified products – Genetically modified soybean containing, consisting of or produced from MON 87751 × MON 87701 × MON 87708 × MON 89788 and its subcombinations – Rejection of an application for internal review of an authorisation for placing on the market – Manifest error of assessment – Article 10 of Regulation (EC) No 1367/2006 – Articles 4 to 6 and 16 to 18 of Regulation (EC) No 1829/2003 – Article 5 of Implementing Regulation (EU) No 503/2013
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Judgment of the General Court (Second Chamber) of 18 October 2023 ECLI:EU:T:2023:649 |
Case T-631/21 BZ v ECB
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Order of the General Court (First Chamber) of 18 October 2023 ECLI:EU:T:2023:667 |
Case T-336/22 Gomez Calavia v Court of Justice of the European Union
Civil service – Officials – Reports procedure – Staff report – 2019 appraisal procedure – Guide to staff reports – Lower mark – Obligation to state reasons – Manifest error of assessment – Appraisal interview – Deadline for delivering the opinion of the Consultative Committee on Staff Reports
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Judgment of the General Court (Fourth Chamber) of 18 October 2023 ECLI:EU:T:2023:652 |
Case T-566/22 Sports Group Denmark v EUIPO (ENDURANCE)
EU trade mark – International registration designating the European Union – Figurative mark ENDURANCE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Legal certainty – Equal treatment
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Judgment of the General Court (Sixth Chamber) of 18 October 2023 ECLI:EU:T:2023:655 |
Case T-606/22 RN v EUIPO
Civil service – Officials – EUIPO staff – Remuneration – Family allowances – Payment of allowances to a third person in the name and on behalf of the official – Decision no longer to pay certain allowances to a third person in the name and on behalf of the official
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Judgment of the General Court (Fifth Chamber) of 18 October 2023 ECLI:EU:T:2023:654 |
Case T-458/21 Quantic Dream v EUIPO – Quentia (Q)
EU trade mark – Opposition proceedings – Application for the EU figurative mark Q – Earlier EU figurative mark Q – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 25 October 2023 ECLI:EU:T:2023:671 |
Case T-384/22 Productos Ibéricos Calderón y Ramos v EUIPO – Hijos de Rivera (ESTRELLA DE CASTILLA)
EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 25 October 2023 ECLI:EU:T:2023:672 |
Case T-511/22 Olimp Laboratories v EUIPO – Schmitzer (HPU AND YOU)
EU trade mark – Opposition proceedings – Application for EU figurative mark HPU AND YOU – Earlier EU and national figurative marks representing three hexagons – Earlier EU figurative mark OLIMP – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Family of marks – Legitimate expectations – Legal certainty
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Judgment of the General Court (Sixth Chamber) of 25 October 2023 ECLI:EU:T:2023:673 |
Case T-773/22 Contorno Textil v EUIPO – Harmont & Blaine (GILBERT TECKEL)
EU trade mark – Opposition proceedings – Application for an EU figurative mark, representing a dachshund in profile, GILBERT TECKEL – Earlier EU figurative mark representing a dachshund in profile – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Equal treatment – Legal certainty
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Judgment of the General Court (Sixth Chamber) of 25 October 2023 ECLI:EU:T:2023:674 |
Case T-562/23 R QI v Commission
Interim relief – Civil service – Officials – Processing of personal data – Regulation (EU) 2018/1725 – Decision to revoke IT access and delete data – Application for interim measures – Lack of urgency
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Order of the President of the General Court of 25 October 2023 ECLI:EU:T:2023:677 |
November 2023
Case T-167/21 European Gaming and Betting Association v Commission
State aid – State measure extending gambling licences granted by the Netherlands – Decision finding no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of interested parties
Language of the case: English
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Judgment of the General Court (Ninth Chamber) of 15 November 2023
ECLI:EU:T:2023:723 (Appeal: Case before the Court of Justice C-59/24 P) |
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Case T-790/21 PL v Commission
Civil service – Officials – Reassignment in the interests of the service – Decision with retroactive effect adopted to comply with judgments of the European Union judicature – Article 266 TFEU – Articles 22a and 22c of the Staff Regulations – Irregularity of the pre-litigation procedure – Principle of good administration – Right to be heard – Principle of impartiality – Reasonable time – Duty to have regard for the welfare of officials – Liability – Non-material damage
Language of the case: French
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Judgment of the General Court (Ninth Chamber) of 15 November 2023
ECLI:EU:T:2023:724 |
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Case T-193/22 OT v Council
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 15 November 2023
ECLI:EU:T:2023:716 |
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Joined Cases T-302/20, T-303/20 and T-307/20 Del Valle Ruíz and Others v SRB
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 22 November 2023
ECLI:EU:T:2023:735 |
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Case T-304/20 Molina Fernández v SRB
Language of the case: Spanish
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Judgment of the General Court (Third Chamber, Extended Composition) of 22 November 2023
ECLI:EU:T:2023:734 |
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Case T-330/20 ACMO and Others v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to the shareholders and creditors affected by the resolution actions – Valuation of difference in treatment – Independence of the valuer
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 22 November 2023
ECLI:EU:T:2023:733 |
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Case T-484/22 QN v eu-LISA
Civil service – Temporary staff – Reclassification – 2021 reclassification exercise – Decision not to reclassify – Guiding multiplication rates – General provisions for the implementation of Article 54 of the CEOS – Plea of illegality – Equal treatment – Liability
Language of the case: French
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Judgment of the General Court (Tenth Chamber) of 22 November 2023 (Extracts)
ECLI:EU:T:2023:741 |
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Case T-679/22 Shaman Spirits v EUIPO – Global Drinks Finland (LAPLANDIA Land of purity and Others)
EU trade mark – Proceedings for the revocation of decisions or for the cancellation of entries – Cancellation of an entry in the register which contains an obvious error attributable to EUIPO – Registration of licences for the figurative marks LAPLANDIA Land of purity and others – Conditions for the registration of a licence – Evidence that a licence was granted by a registered proprietor – Concept of ‘obvious error attributable to EUIPO’ – Second sentence of Article 27(1) of Regulation (EU) 2017/1001 – First sentence of Article 103(1) of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Third Chamber) of 22 November 2023
ECLI:EU:T:2023:738 |
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Information (on unpublished decisions)
Case T-299/22 Sattvica v EUIPO – Maradona Villafañe and Others (DIEGO MARADONA)
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Order of the General Court (Second Chamber) of 7 November 2023 ECLI:EU:T:2023:710 (Appeal: Case before the Court of Justice C-12/24 P) |
Case T-39/22 OA v Parliament
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Judgment of the General Court (Tenth Chamber) of 8 November 2023 ECLI:EU:T:2023:709 (Appeal: Case before the Court of Justice C-32/24 P) |
Case T-665/22 SkinIdent v EUIPO – Beiersdorf (NIVEA SKIN-IDENTICAL Q10)
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Judgment of the General Court (Second Chamber) of 8 November 2023 ECLI:EU:T:2023:704 |
Case T-113/23 Papier-Mettler v EUIPO (Shape of a bag)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a bag – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 8 November 2023 ECLI:EU:T:2023:702 |
Case T-114/23 Papier-Mettler v EUIPO (Shape of a bag)
EU trade mark – Application for a three-dimensional EU trade mark – Shape of a bag – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (First Chamber) of 8 November 2023 ECLI:EU:T:2023:703 |
Case T-21/23 Chart v EUIPO (ABSOLUTEFLOW)
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Order of the General Court (Second Chamber) of 10 November 2023 ECLI:EU:T:2023:727 |
Case T-801/22 3M v EUIPO (Representation of two parallel luminous yellow bands separated by a silver grey band with transparent parallel slanted lines running through the three bands)
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Order of the General Court (Second Chamber) of 14 November 2023 ECLI:EU:T:2023:726 |
Case T-677/22 Portal Golf Gestión v EUIPO – Augusta National (imaster.golf)
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Judgment of the General Court (Sixth Chamber) of 15 November 2023 ECLI:EU:T:2023:720 |
Case T-780/22 TUI Holding v EUIPO – inCruises International (INCRUISES)
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Judgment of the General Court (Seventh Chamber) of 15 November 2023 ECLI:EU:T:2023:722 |
Case T-35/23 Daimler Truck v EUIPO (YOUR PERFORMANCE PLUS)
EU trade mark – Application for the EU word mark YOUR PERFORMANCE PLUS – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Second Chamber) of 15 November 2023 ECLI:EU:T:2023:718 |
Case T-340/20 Galván Fernández-Guillén v SRB
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Judgment of the General Court (Third Chamber) of 22 November 2023 ECLI:EU:T:2023:732 |
Case T-32/23 Tradias v EUIPO – Triodos Bank (Tradias)
EU trade mark – Opposition proceedings – Application for EU word mark Tradias – Earlier EU word mark TRIODOS – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001
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Judgment of the General Court (Sixth Chamber) of 22 November 2023 ECLI:EU:T:2023:740 |
Case T-326/23 D’Agostino v ECB
Actions for damages – Economic and monetary policy – Statement by the President of the ECB during a press conference – Division of powers between the bodies of the ECB – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link – Action manifestly lacking any foundation in law
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Order of the General Court (Fourth Chamber) of 23 November 2023 ECLI:EU:T:2023:750 (Appeal: Case before the Court of Justice C-11/24 P) |
Case T-661/22 Claro v EUIPO – Claranet Europe (Claro)
EU trade mark – Invalidity proceedings – EU figurative mark Claro – Earlier EU word mark CLARANET – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)
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Judgment of the General Court (Second Chamber) of 29 November 2023 ECLI:EU:T:2023:762 |
Case T-12/23 Beauty Boutique v EUIPO – Lightningbolt Europe (Representation of a lightning bolt)
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Judgment of the General Court (Seventh Chamber) of 29 November 2023 ECLI:EU:T:2023:768 |
Case T-53/23 TVR Automotive v EUIPO – TVR Italia (TVR)
EU trade mark – Opposition proceedings – Application for the EU figurative mark TVR – Earlier EU figurative mark TVR ITALIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to fair legal process – Legitimate expectations
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Judgment of the General Court (Third Chamber) of 29 November 2023 ECLI:EU:T:2023:764 |
Case T-107/23 Myforest Foods v EUIPO (MYBACON)
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Judgment of the General Court (Eighth Chamber) of 29 November 2023 ECLI:EU:T:2023:769 |
December 2023
Case T-48/22 Czech Republic v Commission
EAGF and EAFRD – Expenditure excluded from financing – Conformity clearance procedure – Active farmer – Permanent grassland – Control sample – Undue payments – Late submission of application – Financial discipline – Obligation to state reasons – Legitimate expectations – Proportionality
Language of the case: Czech
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Judgment of the General Court (Tenth Chamber) of 6 December 2023
ECLI:EU:T:2023:787 (Appeal: Case before the Court of Justice C-140/24 P) |
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Case T-297/22 BB Services v EUIPO – Lego Juris (Shape of a toy figure with a protrusion on its head)
EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of a toy figure with a protrusion on its head – Absolute grounds for invalidity – Sign consisting exclusively of the shape which results from the nature of the goods themselves – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(i) and (ii) of Regulation (EC) No 40/94 (now Article 7(1)(e)(i) and (ii) of Regulation (EU) 2017/1001)
Language of the case: German
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Judgment of the General Court (Sixth Chamber) of 6 December 2023
ECLI:EU:T:2023:780 |
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Case T-103/23 Stan v European Public Prosecutor’s Office
Action for annulment – Article 42(1) and (2) of Regulation (EU) 2017/1939 – Decision of the Permanent Chamber of the European Public Prosecutor’s Office to bring the case to judgment – Procedural act of the European Public Prosecutor’s Office – Lack of jurisdiction
Language of the case: Romanian
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Order of the General Court (Tenth Chamber) of 15 December 2023
ECLI:EU:T:2023:871 |
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Case T-106/17 JPMorgan Chase and Others v Commission
Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor Interbank Benchmark Rates – Exchange of confidential information – Restriction of competition by object – Single and continuous infringement – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Impartiality – Fines – Basic amount – Value of sales – Article 23(2) and (3) of Regulation (EC) No 1/2003 – Obligation to state reasons – Amending decision supplementing the statement of reasons – Equal treatment – Proportionality – Unlimited jurisdiction
Language of the case: English
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 December 2023 (Extracts)
ECLI:EU:T:2023:832 (Appeal: Case before the Court of Justice C-160/24 P) |
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Case T-113/17 Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor Interbank Benchmark Rates – Exchange of confidential information – Restriction of competition by object – Single and continuous infringement – ‘Hybrid’ procedure staggered over time – Presumption of innocence – Impartiality – Fines – Basic amount – Value of sales – Article 23(2) and (3) of Regulation (EC) No 1/2003 – Obligation to state reasons – Amending decision supplementing the statement of reasons – Equal treatment – Unlimited jurisdiction
Language of the case: French
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 December 2023 (Extracts)
ECLI:EU:T:2023:847 (Appeal: Case before the Court of Justice C-191/24 P) |
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Case T-53/21 EVH v Commission
Language of the case: German
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023 (Extracts)
ECLI:EU:T:2023:834 (Appeal: Case before the Court of Justice C-171/24 P) |
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Case T-166/21 Autorità di sistema portuale del Mar Ligure occidentale and Others v Commission
State aid – Taxation of port authorities in Italy – Exemption from corporate income tax – Decision declaring aid incompatible with the internal market – Existing aid – Concept of ‘undertaking’ – Concept of ‘economic activity’ – Advantage – Selectivity – Distortion of competition – Effect on trade between Member States – Equal treatment
Language of the case: Italian
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Judgment of the General Court (Tenth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:862 |
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Case T-216/21 Ryanair and Malta Air v Commission (Air France; COVID-19)
State aid – Aid granted by France to Air France in the context of the COVID-19 pandemic – State guarantee for a bank loan and a subordinated loan by the State – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:822 (Appeal: Case before the Court of Justice C-166/24 P) (Appeal: Case before the Court of Justice C-192/24 P) |
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Case T-383/21 Banque postale v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:845 |
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Case T-389/21 Landesbank Baden-Württemberg v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Effective judicial protection – Equal treatment – Principle of proportionality – SRB’s discretion – Plea of illegality – Commission’s discretion – Limitation of the temporal effects of the judgment
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:827 |
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Case T-415/21 Banca Popolare di Bari v Commission
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:833 (Appeal: Case before the Court of Justice C-145/24 P) |
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Case T-494/21 Ryanair and Malta Air v Commission (Air France-KLM and Air France; COVID-19)
State aid – Aid granted by France to Air France and Air France-KLM in the context of the COVID-19 pandemic – Recapitalisation – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:831 (Appeal: Case before the Court of Justice C-167/24 P) (Appeal: Case before the Court of Justice C-193/24 P) |
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Case T-233/22 Islentyeva v Council
Action for annulment – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on any non-Russian-registered aircraft owned, chartered or otherwise controlled by any Russian natural or legal person, entity or body, from landing in, taking off from, or overflying the territory of the European Union – Article 4e of Decision 2014/512/CFSP – Lack of jurisdiction of the General Court – Article 3d of Regulation (EU) No 833/2014 – Lack of locus standi – Inadmissibility
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:828 |
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Case T-313/22 Abramovich v Council
Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens
Language of the case: French
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Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023
ECLI:EU:T:2023:830 (Appeal: Case before the Court of Justice C-159/24 P) |
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Information (on unpublished decisions)
Case T-753/22 Nieß v EUIPO – Thema Products (Gartenlux)
EU trademark – Opposition proceedings – Application for the EU word mark Gartenlux – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 11 December 2023 ECLI:EU:T:2023:810 |
Case T-754/22 Nieß v EUIPO – Terrasoverkapping-inkoop.nl (GARTENLÜX)
EU trademark – Opposition proceedings – Application for the EU word mark GARTENLÜX – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law
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Order of the General Court (Eighth Chamber) of 11 December 2023 ECLI:EU:T:2023:817 |
Case T-27/23 Feed v EUIPO – The Feed.com (THE FEED)
EU trade mark – Revocation proceedings – EU word mark THE FEED – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001
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Judgment of the General Court (Seventh Chamber) of 20 December 2023 ECLI:EU:T:2023:856 (Appeal: Case before the Court of Justice C-19/24 P) |
January 2024
Case T-347/21 Hypo Vorarlberg Bank v SRB
Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Obligation to state reasons – Right to be heard – Principle of legal certainty – Right to effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 24 January 2024 (Extracts)
ECLI:EU:T:2024:31 |
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Case T-405/21 Dexia Crédit Local v SRB
Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Obligation to state reasons – Equal treatment – Principle of proportionality – SRB’s margin of discretion – Plea of illegality – Legal basis of Regulation (EU) No 806/2014 – Commission’s margin of discretion
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 24 January 2024 (Extracts)
ECLI:EU:T:2024:33 (Appeal: Case before the Court of Justice C-254/24 P) |
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Case T-409/21 Germany v Commission
State aid – Aid granted by certain provisions of the amended German Law on the cogeneration of heat and electricity – Reform of the arrangements for support for cogeneration – Decision declaring the aid compatible with the internal market – Concept of ‘State aid’ – State resources
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 24 January 2024
ECLI:EU:T:2024:34 (Appeal: Case before the Court of Justice C-242/24 P) |
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Case T-602/22 Veritas v Commission
Access to documents – Regulation (EC) No 1049/2001 – Document disclosed in the context of an EU Pilot procedure concerning the repayment of VAT – Document originating from a Member State – Refusal to grant access – Prior agreement of the Member State – Exception relating to the protection of court proceedings – Obligation to state reasons
Language of the case: Italian
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Judgment of the General Court (Fourth Chamber) of 24 January 2024
ECLI:EU:T:2024:26 |
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Case T-280/23 Lukoil v Parliament and Others
Action for annulment – Time limit for bringing proceedings – Out of time – Manifest inadmissibility
Language of the case: French
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Order of the General Court (Third Chamber) of 25 January 2024
ECLI:EU:T:2024:41 (Appeal: Case before the Court of Justice C-223/24 P) |
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Case T-745/20 Symphony Environmental Technologies and Symphony Environmental v Parliament and Others
Non-contractual liability – Environment – Directive (EU) 2019/904 – Prohibition on the placing on the market of products made from oxo-degradable plastic – Sufficiently serious breach of a rule of law intended to confer rights on individuals – No distinction between products made from oxo-degradable plastic and products made from oxo-biodegradable plastic – Impact assessment – Equal treatment – Proportionality
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 31 January 2024
ECLI:EU:T:2024:45 |
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February 2024
Case T-146/22 Ryanair v Commission (KLM II; COVID-19)
State aid – Aid granted by the Netherlands to KLM in the context of the COVID‑19 pandemic – State guarantee for a bank loan and a subordinated loan by the State – Decision declaring the aid compatible with the internal market – Action for annulment – Locus standi – Substantial adverse effect on the applicant’s position on the market – Admissibility – Determination of the beneficiary of the aid in the context of a group of companies
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 7 February 2024
ECLI:EU:T:2024:68 (Appeal: Case before the Court of Justice C-266/24 P) (Appeal: Case before the Court of Justice C-269/24 P) |
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Case T-501/22 Austria v Commission
EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by Austria – Reduction coefficient – Article 24(6) of Regulation (EU) No 1307/2013 – Article 30(7)(b) of Regulation No 1307/2013 – Article 52(4)(a) of Regulation (EU) No 1306/2013 – Obligation to state reasons
Language of the case: German
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Judgment of the General Court (Tenth Chamber) of 7 February 2024 (Extracts)
ECLI:EU:T:2024:71 |
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Case T-30/23 Fly Persia and Barmodeh v EUIPO – Dubai Aviation (flyPersia)
EU trade mark – Opposition proceedings – Intervention – Article 173(1) and Article 179 of the Rules of Procedure – Response lodged out of time – Articles 142 to 145 of the Rules of Procedure – Inapplicability – Rejection
Language of the case: English
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Order of the General Court (Seventh Chamber, Extended Composition) of 8 February 2024
ECLI:EU:T:2024:86 |
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Joined Cases T-29/14 and T-31/14 Telefónica Gestión Integral de Edificios y Servicios and Banco Santander v Commission
State aid – Aid granted by the Spanish authorities in favour of certain economic interest groupings (EIGs) and their investors – Tax scheme applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) – Decision declaring the aid partly incompatible with the internal market and ordering its partial recovery – Partial disappearance of the subject matter of the dispute – No need to adjudicate in part – New aid – Recovery – Contractual clauses protecting the beneficiaries against the recovery of unlawful State aid incompatible with the internal market – Division of powers between the Commission and the national authorities
Language of the case: Spanish
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 21 February 2024
ECLI:EU:T:2024:110 |
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Case T-466/16 RENV NRW. Bank v SRB
Language of the case: German
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 21 February 2024
ECLI:EU:T:2024:111 |
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Case T-762/20 Sinopec Chongqing SVW Chemical and Others v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Adjustments – Non-refundable VAT – Functions similar to those of an agent acting on a commission basis – Fair comparison of the export price and the normal value – Burden of proof – Article 2(10)(b) and (i) of Regulation 2016/1036 – Non-cooperation – Facts available – Article 18 of Regulation 2016/1036 – Double application – Punitive application – Different production processes – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024
ECLI:EU:T:2024:113 |
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Case T-763/20 Inner Mongolia Shuangxin Environment-Friendly Material v Commission
Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Choice of appropriate representative country – Readily available data – Non-cooperation – Definition of ‘necessary information’ – Article 18 of Regulation 2016/1036 – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024 (Extracts)
ECLI:EU:T:2024:114 |
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Case T-38/21 Inivos and Inivos v Commission
Public procurement – Negotiated procedure without prior publication of a contract notice – Supply of disinfection robots to European hospitals – Extreme urgency – COVID-19 – Non-participation of the applicants in the tendering procedure – Action for annulment – Lack of individual concern – Contractual nature of the dispute – Inadmissibility – Liability
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 21 February 2024
ECLI:EU:T:2024:100 |
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Case T-536/22 PAN Europe v Commission
Language of the case: French
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Judgment of the General Court (Fourth Chamber) of 21 February 2024 (Extracts)
ECLI:EU:T:2024:98 |
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Case T-364/20 Denmark v Commission
Language of the case: Danish
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Judgment of the General Court (Fifth Chamber, Extended Composition) of 28 February 2024
ECLI:EU:T:2024:125 |
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Case T-390/20 Scandlines Danmark and Scandlines Deutschland v Commission
State aid – Public financing of the Fehmarn Belt fixed rail-road link – Aid granted by Denmark to Femern – Decision declaring the aid compatible with the internal market – Individual aid – Important project of common European interest – Necessity of the aid – Proportionality – Weighing the beneficial effects of the aid against its adverse effects on trading conditions and on the maintenance of undistorted competition – Communication on the criteria for the analysis of the compatibility with the internal market of State aid to promote the implementation of important projects of common European interest
Language of the case: English
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Judgment of the General Court (First Chamber, Extended Composition) of 28 February 2024 (Extracts)
ECLI:EU:T:2024:126 |
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Cases T-647/21 and T-99/22 Sber v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Second subparagraph of Article 9(1) of Regulation (EU) No 1024/2013 – Application by the ECB of absorption interest pursuant to Austrian law where Article 395 of Regulation (EU) No 575/2013 has been infringed and following a decision imposing an administrative pecuniary penalty under Article 18 of Regulation No 1024/2013 – Proportionality
Language of the case: English
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Judgment of the General Court (Third Chamber) of 28 February 2024
ECLI:EU:T:2024:127 |
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Case T-667/21 BAWAG PSK v ECB
Economic and monetary policy – Prudential supervision of credit institutions – Second subparagraph of Article 9(1) of Regulation (EU) No 1024/2013 – Direct exercise by the ECB of a power of a competent authority under the relevant Union law – Levying absorption interest under Austrian law where Article 395 of Regulation (EU) No 575/2013 has been infringed – Competence of the ECB – Article 65(1) and Article 70 of Directive 2013/36/EU – Proportionality
Language of the case: English
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Judgment of the General Court (Third Chamber, Extended Composition) of 28 February 2024
ECLI:EU:T:2024:131 |
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Case T-556/22 House Foods Group v CPVO (SK20)
Plant varieties – Grant of a Community plant variety right for the plant variety SK20 – Inadmissibility of the appeal before the Board of Appeal – No interest in bringing proceedings – Article 81(1) of Regulation (EC) No 2100/94
Language of the case: English
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Judgment of the General Court (Third Chamber) of 28 February 2024
ECLI:EU:T:2024:128 |
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Case T-235/18 DEP Qualcomm v Commission (Qualcomm – paiements d’exclusivité)
Procedure – Taxation of costs
Language of the case: English
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Order of the General Court (Second Chamber, Extended Composition) of 29 February 2024
ECLI:EU:T:2024:142 |
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March 2024
Case T-115/22 Belshyna v Council
Common foreign and security policy – Restrictive measures taken because of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Freezing of funds – Lists of persons, entities and bodies to whom the freezing of funds and economic resources applies – Registering and maintaining the applicant’s name on the lists – Support for Lukashenko’s regime – Financial support – State-owned business – Repression of civil society – Error of assessment
Language of the case: English
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 20 March 2024 (Extracts)
ECLI:EU:T:2024:187 |
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April 2024
Case T-486/18 RENV Danske Slagtermestre v Commission
State aid – Contributions scheme for the collection of waste water – Complaint from a competitor – Decision finding no State aid at the end of the preliminary examination stage – Requirement of impartiality – Objective impartiality – Concept of ‘advantage’ – Market economy operator principle – Ex ante incremental profitability analysis – Commission Notice on the notion of State aid
Language of the case: Danish
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Judgment of the General Court (First Chamber) of 10 April 2024
ECLI:EU:T:2024:217 |
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Case T-411/22 Dexia v SRB (Contributions ex ante 2022)
Language of the case: French
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Judgment of the General Court (Eighth Chamber, Extended Composition) of 10 April 2024
ECLI:EU:T:2024:216 |
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Case T-654/22 M&T 1997 v EUIPO – VDS Czmyr Kowalik (Door and window handles)
Community design – Invalidity proceedings – Registered Community design representing door and window handles – Earlier design – Ground for invalidity – Individual character – Article 25(1)(b) and Article 6 of Regulation (EC) No 6/2002
Language of the case: English
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Judgment of the General Court (Seventh Chamber) of 10 April 2024 (Extracts)
ECLI:EU:T:2024:223 |
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Case T-112/22 Svenska Bankföreningen and Länsförsäkringar Bank v Commission
State aid – Swedish tax law – Tax on the systemic risk of credit institutions – Decision not to raise any objections – Selective nature – Objective of the measure – Derogation from the reference system
Language of the case: English
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Judgment of the General Court (Fourth Chamber, Extended Composition) of 17 April 2024
ECLI:EU:T:2024:250 |
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Case T-2/23 Romagnoli Fratelli v CPVO (Melrose)
Plant varieties – Grant of a Community plant variety right for the potato variety Melrose – Failure to pay the annual fee on time – Cancellation of right – Application for restitutio in integrum – Conditions for notification of decisions and communications of the CPVO
Language of the case: English
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Judgment of the General Court (Third Chamber) of 17 April 2024
ECLI:EU:T:2024:247 |
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Case T-119/23 Insider v EUIPO – Alaj (in Insajderi)
EU trade mark – Opposition proceedings – Application for EU figurative mark in Insajderi – Earlier national word mark INSAJDERI and earlier national figurative mark in Insajderi Gazetë online – Relative ground for refusal – Article 8(3) of Regulation (EU) 2017/1001 – Extent of the examination to be carried out by the Board of Appeal – Article 27(2) of Delegated Regulation (EU) 2018/625 – Failure to submit evidence – Translation – Article 7 of Delegated Regulation 2018/625 – Right to be heard – Article 41 of the Charter of Fundamental Rights – Article 94(1) of Regulation 2017/1001 – Possibility for the Board of Appeal to accept evidence submitted for the first time before it – Article 27(4) of Delegated Regulation 2018/625 – Article 95(2) of Regulation 2017/1001
Language of the case: English
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Judgment of the General Court (Eighth Chamber) of 17 April 2024
ECLI:EU:T:2024:253 |
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