201808030642050832018/C 294/693832018TC29420180820EN01ENINFO_JUDICIAL20180626555621Case T-383/18: Action brought on 26 June 2018 — Sta*Ware EDV Beratung v EUIPO — Accelerate IT Consulting (businessNavi)
 ---documentbreak--- C2942018EN5510120180626EN0069551562Action brought on 26 June 2018 — Sta*Ware EDV Beratung v EUIPO — Accelerate IT Consulting (businessNavi)
   (Case T-383/18)2018/C 294/69Language in which the application was lodged: German
      Parties

      Applicant: Sta*Ware EDV Beratung GmbH (Starnberg, Germany) (represented by: M. Bölling and M. Graf, lawyers)

      Defendant: European Union Intellectual Property Office (EUIPO)

      Other party to the proceedings before the Board of Appeal: Accelerate IT Consulting GmbH (Ahlen, Germany)

      Details of the proceedings before EUIPO

      Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

      Trade mark at issue: EU figurative mark businessNavi — EU trade mark No 9 155 698

      Procedure before EUIPO: Cancellation proceedings

      Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 May 2018 in Case R 434/2017-5

      Form of order sought

   The applicant claims that the Court should:

            —

            annul the contested decision, in so far as it annulled the decision of the Cancellation Division of 16 February 2017 (Cancellation No 12 336 C) and declared that EU trade mark No 9 155 698 businessNavi (figurative mark) should remain registered for the following services in Class 42:

               Updating of computer software, consultancy in the field of computer hardware, computer software consultancy, computer systems analyses, computer systems design, data management on servers, computer programming services, computer consultancy (information technology services), computer programming, hardware and software consultancy, implementation of computer programs on networks, installation and maintenance of software for internet access, installation of computer programs, configuration of computer networks using software, performance monitoring and analysis of network operations, server administration, technical project management in the field of computer processing;

            —

            order EUIPO to pay the costs.

      Plea in law

               —

               Infringement of Articles 58(1)(a) and 18 of Regulation (EU) 2017/1001 of the European Parliament and of the Council, in conjunction with Rule 22(3) and (4) and Rule 40(5) of Commission Regulation (EC) No 2868/95.


title: Case C-361/18: Request for a preliminary ruling from the Szekszárdi Járásbíróság (Hungary) lodged on 5 June 2018 — Ágnes Weil v Géza Gulácsi

text:
               3.9.2018

               EN

               Official Journal of the European Union

               C 311/5

      Request for a preliminary ruling from the Szekszárdi Járásbíróság (Hungary) lodged on 5 June 2018 — Ágnes Weil v Géza Gulácsi
      (Case C-361/18)
      (2018/C 311/05)
      Language of the case: Hungarian

         Referring court

      Szekszárdi Járásbíróság

         Parties to the main proceedings

         Applicant: Ágnes Weil

         Defendant: Géza Gulácsi

         Questions referred

                  1.

                  Is Article 53 of Regulation (EU) No 1215/2012 (1) to be interpreted as meaning that, if requested by one of the parties, the court of the Member State that delivered the decision must issue the certificate relating to the decision automatically, without examining if [the case] falls within the scope of Regulation (EU) No 1215/2012?

                  2.

                  If the answer to the first question is in the negative, is Article 1(2)(a) of Regulation (EU) No 1215/2012 to be interpreted as meaning that a repayment action between members of an unregistered non-marital partnership fall within the scope of the rights in property arising out of a relationship deemed by the law applicable to such relationship to have comparable (legal) effects to marriage?

         (1)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).


title: Case T-774/16: Judgment of the General Court of 12 July 2018 — 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)

text:
               3.9.2018

               EN

               Official Journal of the European Union

               C 311/13

      Judgment of the General Court of 12 July 2018 — Consejo Regulador del Cava v EUIPO — Cave de Tain L’Hermitage, union des propriétaires (CAVE DE TAIN)
      (Case T-774/16) (1)

      ((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))
      (2018/C 311/13)
      Language of the case: English

         Parties

         Applicant: Consejo Regulador del Cava (Villafranca del Penedès, Spain) (represented by: C. Prat, lawyer)

         Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado and D. Walicka, acting as Agents)

         Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Cave de Tain L’Hermitage (Tain l’Hermitage, France) (represented by J.-P. Stouls, lawyer)

         Re:

      Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2016 (Case R 980/2015-4), relating to invalidity proceedings between Consejo Regulador del Cava and Cave de Tain L’Hermitage, union des propriétaires.

         Operative part of the judgment

      The Court:

                  1.

                  Dismisses the action;

                  2.

                  Orders Consejo Regulador del Cava to pay the costs.

         (1)  OJ C 6, 9.1.2017.


title: Case T-431/18: Action brought on 12 July 2018 — WN v Parliament

text:
               10.9.2018

               EN

               Official Journal of the European Union

               C 319/22

      Action brought on 12 July 2018 — WN v Parliament
      (Case T-431/18)
      (2018/C 319/26)
      Language of the case: English

         Parties

         Applicant: WN (represented by: L. Levi and A. Champetier, lawyers)

         Defendant: European Parliament

         Form of order sought

                  —

                  annul the defendant’s decision of 28 September 2017 terminating the applicant’s contract;

                  —

                  if need be, annul the defendant’s decision of 4 April 2018 rejecting the applicant’s complaint of 7 November 2017;

                  —

                  order the defendant to pay the applicant compensation for the non-material damage allegedly suffered by the applicant, evaluated at EUR 20 000;

                  —

                  order the defendant to pay all the costs incurred by the applicant in respect of the present proceedings.

         Pleas in law and main arguments

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

                  1.

                  First plea in law, alleging procedural irregularities including the infringement of the rights of the defence and in particular the right to be heard and breach of the duty to state reasons.

                  2.

                  Second plea in law, alleging infringement of the provisions relating to the conciliation procedure and in particular Articles 23 and 25 of the Implementing measures for Title VII of the Conditions of employment of other servants of the EU.

                  3.

                  Third plea in law, alleging the infringement of Article 1(d) of the Staff Regulations, Articles 21 and 23 of the Charter of Fundamental Rights of the European Union and Directive 2006/54/EC. (1)

                  4.

                  Fourth plea in law, alleging manifest error of assessment by the defendant in relation to the elements contained in the contested decisions.

                  5.

                  Fifth plea in law, alleging breach of the principle of sound administration, infringement of the principle of legitimate expectations and of the duty of care owed by the defendant to the applicant.

         (1)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23).


title: Case T-407/18: Action brought on 2 July 2018 — WP v EUIPO

text:
               10.9.2018

               EN

               Official Journal of the European Union

               C 319/18

      Action brought on 2 July 2018 — WP v EUIPO
      (Case T-407/18)
      (2018/C 319/21)
      Language of the case: English

         Parties

         Applicant: WP (represented by: H. Tettenborn, lawyer)

         Defendant: European Union Intellectual Property Office

         Form of order sought

                  —

                  annul the decision of EUIPO of 6 October 2017 to refuse the second renewal of the applicant’s contract as a Temporary Agent pursuant to Art. 2 f) CEOS (Conditions of Employment of other Servants of the EU); and

                  —

                  order EUIPO to pay the procedural costs.

         Pleas in law and main arguments

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

                  1.

                  First plea in law, alleging that by issuing the contested decision, EUIPO has infringed the principle of legality by infringing the relevant provisions of the SR (Staff Regulations of the Officials of the EU) and CEOS, namely Art. 56 CEOS and 110 SR, and that the contested decision lacks any other legal base.

                  2.

                  Second plea in law, alleging that by issuing the contested decision, EUIPO has infringed the principle of legality, made a manifest error of assessment and breached its duty to have regard for the welfare of staff.

                  3.

                  Third plea in law, alleging that by issuing the contested decision, EUIPO has breached the requirements of Regulation 45/2001 (1), especially of Article 27 sec. 1, sec. 2 (b) of Regulation 45/2001.

                  4.

                  Fourth plea in law, alleging that by issuing the contested decision, EUIPO has breached the principle of equal treatment.

         (1)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ 2001, L 8, p. 1)


               16.11.2017

               EN

               Official Journal of the European Union

               C 386/10

         Action brought on 21 September 2017 by the EFTA Surveillance Authority against Iceland
   (Case E-7/17)
   (2017/C 386/08)
   An action against Iceland was brought before the EFTA Court on 21 September 2017 by the EFTA Surveillance Authority, represented by Carsten Zatschler, Catherine Howdle, and Ingibjörg Ólöf Vilhjálmsdóttir, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
   The EFTA Surveillance Authority requests the EFTA Court to:

               1.

               Declare that Iceland has failed to adopt the measures necessary to make the Act referred to at point 6f of Chapter VIII of Annex II to the EEA Agreement (Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order, and in any event has failed to notify the EFTA Surveillance Authority of the measures it has adopted to implement the Act, as required by Article 7 of the EEA Agreement.

               2.

               Order Iceland to bear the costs of these proceedings.

         Legal and factual background and pleas in law adduced in support:

               —

               The application addresses Iceland’s failure to comply, no later than 8 February 2017, with a reasoned opinion delivered by the EFTA Surveillance Authority on 8 December 2016 regarding that State’s failure to implement into its national legal order Directive 2014/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels, as referred to at point 6f of Chapter VIII of Annex II to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto (‘the Act’).

               —

               The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under the Act and under Article 7 of the EEA Agreement by failing to adopt the measures necessary to implement the Act within the time prescribed.


title: Case T-36/17: Judgment of the General Court of 5 October 2017 — 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 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Extent of the examination to be carried out by the Board of Appeal — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001))

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/25

         Judgment of the General Court of 5 October 2017 — Forest Pharma v EUIPO — Ipsen Pharma (COLINEB)
   (Case T-36/17) (1)

   ((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 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Extent of the examination to be carried out by the Board of Appeal - Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation (EU) 2017/1001)))
   (2017/C 392/31)
   Language of the case: English

      Parties

      Applicant: Forest Pharma BV (Amsterdam, Netherlands) (represented by: T. Holman, Solicitor)

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

      Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ipsen Pharma SAS (Boulogne-Billancourt, France) (represented by: E. Baud, lawyer)

      Re:

   Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 October 2016 (Case R 500/2016-5), relating to opposition proceedings between Ipsen Pharma and Forest Pharma.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Forest Pharma BV to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO);

               3.

               Orders Ipsen Pharma SAS to bear its own costs.

      (1)  OJ C 70, 6.3.2017.


title: Case C-518/17: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 28 August 2017 — Stefan Rudigier

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/16

         Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 28 August 2017 — Stefan Rudigier
   (Case C-518/17)
   (2017/C 392/21)
   Language of the case: German

      Referring court

   Verwaltungsgerichtshof

      Parties to the main proceedings

      Appellant on a point of law: Stefan Rudigier

      Other party in the appeal on a point of law: Salzburger Verkehrsverbund GmbH

      Questions referred

               1.

               Is Article 7(2) of Regulation (EC) No 1370/2007 (1) on public passenger transport services by rail and by road also applicable in the case of the award of a service contract pursuant to the second sentence of Article 5(1) of that regulation for passenger transport services by bus in accordance with a procedure laid down in the Procurement Directives (Directive 2004/17/EC or Directive 2004/18/EC)?

               2.

               If the first question is answered in the affirmative:
               Does a breach of the obligation to publish, at least one year before the launch of an invitation to tender procedure, the information indicated in Article 7(2)(a) to (c) of Regulation (EC) No 1370/2007 result in an invitation to tender being regarded as unlawful in the case where there was no such publication one year prior to the launch of the procedure but the invitation to tender followed a procedure that was, under the second sentence of Article 5(1) of that regulation, in accordance with the Procurement Directives?

               3.

               If the second question is answered in the affirmative:
               Do the rules of EU law governing the award of public contracts preclude national legislation under which the setting-aside of an invitation to tender, as provided for in Article 2(1)(b) of Directive 89/665/EEC, (2) on the ground that it is unlawful by reason of the failure to publish information in accordance with Article 7(2) of Regulation No 1370/2007, may be dispensed with if that illegality does not have a significant influence on the outcome of the procurement procedure because the operator concerned was able to react in a timely manner and there was no adverse effect on competition?

      (1)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, OJ 2007 L 315, p. 1.

      (2)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, OJ 1989 L 395, p. 33.


title: Case T-443/17 R: Order of the President of the General Court of 26 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/32

         Order of the President of the General Court of 26 September 2017 — António Conde & Companhia v Commission
   (Case T-443/17 R)
   ((Application for interim measures - Fishing vessels - Regional fisheries management organisation for the North-East Atlantic - Application for interim measures - No urgency))
   (2017/C 392/41)
   Language of the case: English

      Parties

      Applicant: António Conde & Companhia, SA (Gafanha de Nazaré, Portugal) (represented by J. García-Gallardo Gil-Fournier, lawyer)

      Defendant: European Commission (represented by A. Bouquet, A. Lewis and F. Moro, acting as Agents)

      Re:

   Application pursuant to Articles 278 and 279 TFEU seeking an order that the Commission submit to the secretary of the North-East Atlantic Fisheries Commission (NEAFC) the amended list for 2017, sent to the Commission by the Portuguese Republic, containing the Portuguese-flagged vessels Santa Isabel and Calvão.

      Operative part of the order

               1.

               The application for interim measures is dismissed.

               2.

               The costs are reserved.


title: Case T-97/09: Order of the General Court of 13 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/26

         Order of the General Court of 13 September 2017 — Germany v Commission
   (Case T-97/09) (1)

   ((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))
   (2017/C 392/32)
   Language of the case: German

      Parties

      Applicant: Federal Republic of Germany (represented initially by: M. Lumma, C. Blaschke and T. Henze, and subsequently by: T. Henze and J. Möller, acting as Agents, and C. von Donat, lawyer)

      Defendant: European Commission (represented by: B. Conte, A. Steiblytė and B.-R. Killmann, acting as Agents)

      Interveners in support of the form of order sought by the applicant: Kingdom of Spain (represented initially by: J. Rodríguez Cárcamo, lawyer, and subsequently by: A. Rubio González, abogado del estado, and finally by: V. Ester Casas, acting as Agent), and Kingdom of the Netherlands (represented initially by: C. Wissels and Y. de Vries, and subsequently by: J. Langer and B. Koopman, acting as Agents)

      Re:

   Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994.

      Operative part of the order

               1.

               Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994 is annulled.

               2.

               The European Commission shall bear its own costs and pay the costs incurred by the Federal Republic of Germany.

               3.

               The Kingdom of Spain and the Kingdom of the Netherlands shall bear their own costs.

      (1)  OJ C 129, 6.6.2009.


title: Case T-570/17: Action brought on 17 August 2017 — Algebris (UK) and Others v Commission

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/32

         Action brought on 17 August 2017 — Algebris (UK) and Others v Commission
   (Case T-570/17)
   (2017/C 392/42)
   Language of the case: English

      Parties

      Applicants: Algebris (UK) Ltd (London, United Kingdom), Anchorage Capital Group LLC (New York, New York, United States), Ronit Capital LLP (London) (represented by: T. Soames, lawyer, R. East, Solicitor, N. Chesaites, Barrister, and J. Vandenbussche, lawyer)

      Defendant: European Commission

      Form of order sought

   The applicants claim that the Court should:

               —

               annul Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme adopted by the Single Resolution Board by Decision SRB/EES/2017/08 of 7 June 2017 in respect of Banco Popular Español, S.A. (1) in its entirety, or alternatively, Article 1 thereof;

               —

               order the Commission to pay the Applicants’ legal costs.

      Pleas in law and main arguments

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

               1.

               First plea in law, alleging that the European Commission failed properly, or at all, to comply with its legal obligation to assess the discretionary aspects of the Resolution Scheme.

               2.

               Second plea in law, alleging that the European Commission failed to provide adequate reasons for its contested decision.

               3.

               Third plea in law, alleging that the European Commission committed serious breaches of the principles of confidentiality and professional secrecy, contrary to Article 339 TFEU and Article 88(1) of the Single Resolution Mechanism and Single Resolution Fund Regulation (EU) No 806/2014 (2) and the case-law of the Court of Justice, thereby also failing to respect the applicants’ right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union.

               4.

               Fourth plea in law, alleging manifest errors of assessment in the European Commission’s application of Articles 14, 18, 20, 21, 22 and 24 of Regulation No 806/2014.

                           —

                           In this regard, the applicants argue that the valuation of Banco Popular, which formed the basis for the resolution action taken under the Resolution Scheme, was not fair, prudent or reliable, and was inconsistent with the ‘'no creditor worse off principle’; it did not therefore constitute accurate and reliable and consistent evidence on which to base the Resolution Scheme; and it was not capable of supporting the contested decision. Further and for the same reasons, the Resolution Scheme (and so the Decision) was manifestly disproportionate by going beyond the measures necessary to secure the resolution objectives.

               5.

               Fifth plea in law, alleging that the Resolution Scheme endorsed by the contested decision violates the applicants’ property rights as enshrined in general principles of EU law and in Article 17 of the Charter of Fundamental Rights.

               6.

               Sixth plea in law, alleging that the Resolution Scheme was adopted and endorsed by the European Commission in violation of the applicants’ right to be heard, in accordance with Article 41 of the Charter of Fundamental Rights and the case law of the Court of Justice.

      (1)  Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español S.A. (notified under document C(2017) 4038), OJ 2017 L 178, p. 15.

      (2)  Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010.


title: Case C-85/15 P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Feralpi Holding SpA v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/2

         Judgment of the Court (Ninth Chamber) of 21 September 2017 — Feralpi Holding SpA v European Commission
   (Case C-85/15 P) (1)

   ((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
   (2017/C 392/02)
   Language of the case: Italian

      Parties

      Appellant: Feralpi Holding SpA (represented by: G.M. Roberti and I. Perego, avvocati)

      Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by M. Moretto, avvocato)

      Operative part of the judgment

   The Court:

               1.

               Sets aside the judgment of the General Court of the European Union of 9 December 2014, Feralpi v Commission (T-70/10, not published, EU:T:2014:1031);

               2.

               Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Feralpi Holding SpA;

               3.

               Orders the Commission to bear its own costs and to pay those incurred by Feralpi Holding SpA both at first instance and in the present appeal.

      (1)  OJ C 146, 4.5.2015.


title: Case T-607/17: Action brought on 6 September 2017 — Volotea v Commission

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/34

         Action brought on 6 September 2017 — Volotea v Commission
   (Case T-607/17)
   (2017/C 392/43)
   Language of the case: English

      Parties

      Applicant: Volotea, SA (Barcelona, Spain) (represented by: M. Carpagnano, lawyer, and M. Nordmann, lawyer)

      Defendant: European Commission

      Form of order sought

   The applicant claims that the Court should:

               —

               annul, in part, the European Commission decision of 29 July 2016 concerning State aid SA.33983 (2013/C) (ex 2012/NN) (ex 2011/NN) implemented by Italy as compensation to Sardinian airports for public service obligations;

               —

               order the Commission to pay its own costs and those incurred by the applicant.

      Pleas in law and main arguments

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

               1.

               First plea in law, alleging that the Commission misinterpreted the meaning of State aid under Article 107(1) TFEU.

                           —

                           The applicant alleges, inter alia, that the Commission misinterpreted the concept of the beneficiary. It further submits that the Commission was wrong to classify airport operators as mere ‘intermediaries’ between the region and the airlines, meaning that it failed duly to consider whether such operators received an economic advantage. In addition, funding was not selective. The Commission furthermore misinterpreted the meaning of distortion of competition and effects on trade.

               2.

               Second plea in law, alleging that the Commission misinterpreted the meaning of justification of State aid.

                           —

                           The applicant disputes the Commission’s assertion that the framework relating to services of general economic interest does not apply to the activities at issue in the present case. It further alleges that the Aviation Guidelines of 2005 may justify the funding in question.

               3.

               Third plea in law, alleging that, in ordering the recovery of the allegedly unlawful aid, the Commission failed to take the legitimate interests of the applicant into account. The Commission, lacking a clear practice with regard to indirect aid, should not have insisted upon recovery.

               4.

               Fourth plea in law, alleging that the Commission mishandled the investigation since it did not diligently and impartially investigate the contested measures.

                           —

                           The Commission, it is argued, did not conduct a proper analysis with regard to the market economy operator test, although required by law and requested in various submissions by third parties.

               5.

               Fifth plea in law, alleging that the Commission failed to state reasons.

                           —

                           In this regard, it is alleged that the Commission did not discuss some important legal or factual matters, gave reasons that were not unequivocal, failed to have regard to certain important arguments raised by third parties, and made statements which were contradictory in nature.


title: Case C-569/17: Action brought on 27 September 2017 — European Commission v Kingdom of Spain

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/17

         Action brought on 27 September 2017 — European Commission v Kingdom of Spain
   (Case C-569/17)
   (2017/C 392/22)
   Language of the case: Spanish

      Parties

      Applicant: European Commission (represented by: T. Scharf, G. von Rintelen and I. Galindo Martín, acting as Agents)

      Defendant: Kingdom of Spain

      Form of order sought

   The applicant claims that the Court should:

               —

               declare that by failing to adopt before 21 March 2016 the laws, regulations and administrative provisions necessary to comply with Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (1) or, in any event, by failing to notify the Commission of those provisions, the Kingdom of Spain has failed to fulfil its obligations under Article 42(1) of Directive 2014/17/EU;

               —

               order the Kingdom of Spain, in accordance with Article 260(3) TFEU, to pay a daily penalty payment of EUR 105 991,60, with effect from the date of delivery of the judgment establishing its failure to fulfil its obligation to adopt or, in any event, to notify the Commission of the provisions necessary to comply with Directive 2014/17/EU;

               —

               order the Kingdom of Spain to pay the costs of the proceedings.

      Pleas in law and main arguments

               1.

               The Member States were required, under Article 42(2) of Directive 2014/17/EU, to adopt the national measures necessary to transpose the obligations under Directive 2014/17/EU by 21 March 2016. As the Kingdom of Spain has not given notification of the transposition of the directive, the Commission decided to refer the matter to the Court of Justice.

               2.

               In its application, the Commission proposes that the Court of Justice impose a daily penalty payment of EUR 105 991,60 on the Kingdom of Spain. The amount of that penalty payment having been calculated taking into account the gravity and duration of the infringement and the deterrent effect based on that Member State’s ability to pay.

      (1)  OJ 2014, L 60, p. 34.


title: Joined Cases C-86/15 P and C-87/15 P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/3

         Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) v European Commission
   (Joined Cases C-86/15 P and C-87/15 P) (1)

   ((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
   (2017/C 392/03)
   Language of the case: Italian

      Parties

      Appellants: Ferriera Valsabbia SpA (C-86/15 P), Valsabbia Investimenti SpA (C-86/15 P), Alfa Acciai SpA (C-87/15 P) (represented by: D.M. Fosselard, avocat, D. Slater, Solicitor, and A. Duron, avocate)

      Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by P. Manzini, avvocato)

      Operative part of the judgment

   The Court:

               1.

               Sets aside the judgments of the General Court of the European Union of 9 December 2014, Ferriera Valsabbia and Valsabbia Investimenti v Commission (T-92/10, not published, EU:T:2014:1032), and of 9 December 2014, Alfa Acciai v Commission (T-85/10, not published, EU:T:2014:1037);

               2.

               Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA;

               3.

               Orders the European Commission to bear its own costs and to pay those incurred by Ferriera Valsabbia SpA, Valsabbia Investimenti SpA and Alfa Acciai SpA both at first instance and in the present appeals.

      (1)  OJ C 146, 4.5.2015.


title: Case T-21/10: Order of the General Court of 13 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/27

         Order of the General Court of 13 September 2017 — Germany v Commission
   (Case T-21/10) (1)

   ((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))
   (2017/C 392/33)
   Language of the case: German

      Parties

      Applicant: Federal Republic of Germany (represented initially by: J. Möller, T. Henze and C. Blaschke, and subsequently by: J. Möller and T. Henze, acting as Agents, and C. von Donat, lawyer)

      Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

      Re:

   Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997.

      Operative part of the order

               1.

               Commission Decision C(2009) 9049 of 13 November 2009 reducing the assistance granted to the Single Programming Document Objective 2 Saarland (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1123 of 7 May 1997 is annulled.

               2.

               The European Commission shall pay the costs.

      (1)  OJ C 100, 17.4.2010.


title: Case T-149/15: Judgment of the General Court of 5 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/19

         Judgment of the General Court of 5 October 2017 — Ben Ali v Council
   (Case T-149/15) (1)

   ((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))
   (2017/C 392/23)
   Language of the case: English

      Parties

      Applicant: Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali (Tunis, Tunisia) (represented by: S. Maktouf, lawyer)

      Defendant: Council of the European Union (represented: initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera San Miguel Hurtado, acting as Agents)

      Re:

   Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29) and Council Implementing Regulation (EU) 2015/147 of 30 January 2015 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2015 L 26, p. 3), in so far as those acts concern the applicant.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali to bear her own costs and to pay the costs incurred by the Council of the European Union.

      (1)  OJ C 262, 10.8.2015.


title: Case C-88/15 P P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriere Nord SpA v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/3

         Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriere Nord SpA v European Commission
   (Case C-88/15 P P) (1)

   ((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision))
   (2017/C 392/04)
   Language of the case: Italian

      Parties

      Appellant: Ferriere Nord SpA (represented by: W. Viscardini and G. Donà, avvocati)

      Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by M. Moretto, avvocato)

      Operative part of the judgment

   The Court:

               1.

               Sets aside the judgment of the General Court of the European Union of 9 December 2014, Ferriere Nord v Commission (T-90/10, not published, EU:T:2014:1035);

               2.

               Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriere Nord SpA;

               3.

               Orders the European Commission to bear its own costs and to pay those incurred by Ferriere Nord SpA both at first instance and in the present appeal.

      (1)  OJ C 146, 4.5.2015.


title: Case T-104/10: Order of the General Court of 13 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/27

         Order of the General Court of 13 September 2017 — Germany v Commission
   (Case T-104/10) (1)

   ((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))
   (2017/C 392/34)
   Language of the case: German

      Parties

      Applicant: Federal Republic of Germany (represented by: J. Möller and T. Henze, acting as Agents, and C. von Donat, lawyer)

      Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

      Re:

   Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10561 of 18 December 2009 on the reduction of the contribution from the European Regional Development Fund (ERDF) granted by Commission Decision C(95) 2529 of 27 November 1995 in respect of the RESIDER II Programme Saarland (1994-1999) in the Federal Republic of Germany.

      Operative part of the order

               1.

               Commission Decision C(2009) 10561 of 18 December 2009 on the reduction of the contribution from the European Regional Development Fund (ERDF) granted by Commission Decision C(95) 2529 of 27 November 1995 in respect of the RESIDER II Programme Saarland (1994-1999) in the Federal Republic of Germany is annulled.

               2.

               The European Commission shall pay the costs.

      (1)  OJ C 134, 22.5.2010.


title: Case C-89/15 P P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Riva Fire SpA, in liquidation v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/4

         Judgment of the Court (Ninth Chamber) of 21 September 2017 — Riva Fire SpA, in liquidation v European Commission
   (Case C-89/15 P P) (1)

   ((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
   (2017/C 392/05)
   Language of the case: Italian

      Parties

      Appellant: Riva Fire SpA, in liquidation (represented by: M. Merola, M. Pappalardo, T. Ubaldi and M. Toniolo, avvocati)

      Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by P. Manzini, avvocato)

      Operative part of the judgment

   The Court:

               1.

               Sets aside the judgment of the General Court of the European Union of 9 December 2014, Riva Fire v Commission (T-83/10, not published, EU:T:2014:1034);

               2.

               Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Riva Fire SpA;

               3.

               Orders the European Commission to bear its own costs and to pay those incurred by Riva Fire SpA both at first instance and in the present appeal.

      (1)  OJ C 146, 4.5.2015.


title: Case T-626/17: Action brought on 15 September 2017 – Slovenia v Commission

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/35

         Action brought on 15 September 2017 – Slovenia v Commission
   (Case T-626/17)
   (2017/C 392/44)
   Language of the case: Slovenian

      Parties

      Applicant: Republic of Slovenia (represented by: V. Klemenc and T. Mihelič Žitko, državni pravobranilki, and R. Knaak, lawyer)

      Defendant: European Commission

      Form of order sought

   The applicant claims that the Court should:

               —

               annul in its entirety Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels (OJ 2017 L 190, p. 5); and

               —

               order the Commission to pay the costs.

      Pleas in law and main arguments

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

               1.

               First plea in law, alleging that, with the adoption of the contested regulation, the Commission infringed Article 232 of Regulation No 1308/2013 establishing a common organisation of the markets in agricultural products (Single CMO Regulation), in light of the fact that the latter regulation has been applicable since 1 January 2014, while the contested regulation has been applicable since 1 July 2013. In so doing, the Commission exceeded the limits of the power conferred on it by the second subparagraph of Article 100(3) of Single CMO Regulation No 1308/2013.

               2.

               Second plea in law, alleging that, with the adoption of the contested regulation, the Commission retroactively infringed the acquired rights of Slovenian producers of wines covered by the Protected Designation of Origin ‘Teran’ (PDO-SI-A1581), thereby infringing fundamental principles of EU law, in particular the principle of legal certainty and the principle of legitimate expectations, the principle of the protection of acquired rights and of legitimate expectations, as well as the principle of proportionality.

               3.

               Third plea in law, alleging that, with the adoption of the contested regulation, the Commission disproportionately infringed the property rights of Slovenian producers of wines covered by the Protected Designation of Origin ‘Teran’ (PDO-SI-A1581), thereby infringing Article 17 of the Charter of Fundamental Rights of the European Union and Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

               4.

               Fourth plea in law, alleging that, by providing, in Article 2 of the contested regulation, a transitional period for the marketing of stocks of wine produced before the entry into force of that regulation, even if the labelling requirements as referred to in Article 1 of that regulation are not complied with, the Commission infringed Article 41 of the Act on the conditions of accession of the Republic of Croatia to the European Union, to the extent that the provision referred to above concerns wine produced before 1 July 2013.

               5.

               Fifth plea in law, alleging that, with the adoption of the contested regulation, the Commission infringed the second subparagraph of Article 100(3) of Single CMO Regulation No 1308/2013, in light of the importance of that provision in relation to the fundamental principles of EU law and of Article 17 of the Charter and Article 1 of Protocol No 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Commission thus exceeded the limits of the power conferred on it by that provision.

               6.

               Sixth plea in law, alleging that, with the adoption of the contested regulation, the Commission infringed Article 290 TFEU and Article 13(2) TEU, in so far as it exceeded the limits of its power to adopt a delegated act, as conferred upon it by Article 290 TFEU, and also exceeded the limits of the powers conferred on it by the Treaties.

               7.

               Seventh plea in law, alleging that, given that the Commission adopted the contested regulation with reference to a request from Croatia to include the wine grape variety ‘Teran’ in Part A of Annex XV of Commission Regulation No 607/2009 — a request that Croatia should have made before its accession to the EU — even though no such request was in fact made, and Slovenia was not informed of any such request for the purpose of opening negotiations, the Commission infringed the second subparagraph of Article 100(3) of Single CMO Regulation No 1308/2013 and Article 62(3) of Commission Regulation No 607/2009 in conjunction with Article 4(3) TEU. In the same way, the Commission has thus exceeded the power conferred on it by the aforementioned provision of Single CMO Regulation No 1308/2013.

               8.

               Eighth plea in law, alleging that the Commission, having amended the contents of the contested regulation as regards the draft delegated act, which was submitted on 24 January 2017 at the meeting of GREX WINE wine experts, without giving the experts from the Member States the opportunity to comment on the amended version of the draft act, acted in breach of its own commitment under Chapter V, paragraph 28 of the Interinstitutional Agreement on Better Law-Making and Chapter II, paragraph 7, of the Common Understanding on delegated acts between the European Parliament, the Council and the Commission, which is appended to that Interinstitutional Agreement. In so doing, the Commission has committed a breach of essential procedural requirements and a breach of the principle of interinstitutional balance.


title: Case T-175/15: Judgment of the General Court of 5 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/20

         Judgment of the General Court of 5 October 2017 — Mabrouk v Council
   (Case T-175/15) (1)

   ((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))
   (2017/C 392/24)
   Language of the case: English

      Parties

      Applicant: Mohamed Marouen Ben Ali Ben Mohamed Mabrouk (Tunis, Tunisia) (represented by: J.-R. Farthouat, J.-P. Mignard, N. Boulay, lawyers, and S. Crosby, Solicitor)

      Defendant: Council of the European Union (represented: initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera San Miguel Hurtado, acting as Agents)

      Re:

   Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29), in so far as it concerns the applicant, the Council’s Decision of 16 November 2015 rejecting the applicant’s request of 29 May 2015 to remove his name from the list in the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62) and Council Decision (CFSP) 2016/119 of 28 January 2016 amending Decision 2011/72 (OJ 2016 L 23, p. 65), in so far as it concerns the applicant.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Mr Mohamed Marouen Ben Ali Ben Mohamed Mabrouk to bear his own costs and to pay the costs incurred by the Council of the European Union.

      (1)  OJ C 236, 20.7.2015.


title: Case T-645/17: Action brought on 21 September 2017 — Rodonita v Commission and SRB

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/36

         Action brought on 21 September 2017 — Rodonita v Commission and SRB
   (Case T-645/17)
   (2017/C 392/45)
   Language of the case: Spanish

      Parties

      Applicant: Rodonita, SL (Coruña, Spain) (represented by: B. Gutiérrez de la Roza Pérez, P. Rubio Escobar, R. Ruiz de la Torre Esporrín and B. Fernández García, lawyers)

      Defendants: European Commission and Single Resolution Board

      Form of order sought

   The applicants claim that the General Court should:

               —

               Annul Decision SRB/EES/2017/08 of the Single Resolution Board taken at its executive session of 7 June 2017 adopting the resolution scheme regarding the institution Banco Popular Español, S.A.;

               —

               Annul Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español, S.A.;

               —

               Additionally, in accordance with Articles 133 and 134 of the Rules of Procedure of the General Court, order the defendants and the parties intervening in full or partial support of the form of order sought by them to pay the costs.

      Pleas in law and main arguments

   The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.


title: Case T-126/16: Judgment of the General Court of 4 October 2017 — 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))

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/21

         Judgment of the General Court of 4 October 2017 — 1. FC Köln v EUIPO (SPÜRBAR ANDERS.)
   (Case T-126/16) (1)

   ((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)))
   (2017/C 392/25)
   Language of the case: German

      Parties

      Applicant: 1. FC Köln GmbH & Co. KGaA (Cologne, Germany) (represented by: G. Hasselblatt, V. Töbelmann and S. Stier, lawyers)

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

      Re:

   Action brought against the decision of the First Board of Appeal of EUIPO of 7 January 2016 (Case R 718/2015-1), concerning an application for registration of the word sign SPÜRBAR ANDERS. as an EU trade mark.

      Operative part of the judgment

   The Court:

               1.

               The action is dismissed;

               2.

               1. FC Köln GmbH & Co. KGaA is ordered to pay the costs.

      (1)  OJ C 165, 10.5.2016.


title: Case T-114/10: Order of the General Court of 13 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/28

         Order of the General Court of 13 September 2017 — Germany v Commission
   (Case T-114/10) (1)

   ((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))
   (2017/C 392/35)
   Language of the case: German

      Parties

      Applicant: Federal Republic of Germany (represented initially by: J. Möller and C. Blaschke, and subsequently by: J. Möller and T. Henze, acting as Agents, and U. Karpenstein, lawyer)

      Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)

      Interveners in support of the form of order sought by the applicant: French Republic (represented initially by: G. de Bergues and B. Messmer, and subsequently by: D. Colas and J. Bousin, acting as Agents), and Kingdom of the Netherlands (represented initially by: C. Wissels and M. Noort, and subsequently by: M. Bulterman and B. Koopman, acting as Agents)

      Re:

   Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 (ERDF No 970010008).

      Operative part of the order

               1.

               Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 (ERDF No 970010008) is annulled insofar as it concerns the Federal Republic of Germany.

               2.

               The European Commission shall bear its own costs and pay the costs incurred by the Federal Republic of Germany.

               3.

               The French Republic and the Kingdom of the Netherlands shall bear their own costs.

      (1)  OJ C 134, 22.5.2010.


title: Case C-326/15: Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘DNB BANKA’ AS v Valsts ienemumu dienests (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to financial services)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/5

         Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘DNB BANKA’ AS v Valsts ienemumu dienests
   (Case C-326/15) (1)

   ((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Article 132(1)(f) - Exemptions for certain activities in the public interest - Exemption for the supply of services by independent groups of persons for their members - Applicability to financial services))
   (2017/C 392/06)
   Language of the case: Latvian

      Referring court

   Administratīvā apgabaltiesa

      Parties to the main proceedings

      Applicant:‘DNB BANKA’ AS

      Defendant: Valsts ienemumu dienests

      Operative part of the judgment

   Article 132(1)(f) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted to the effect that the exemption provided for in that provision relates only to independent groups of persons whose members carry on an activity in the public interest referred to in Article 132 of that directive and that, therefore, the services supplied by a group whose members carry on an economic activity in the area of financial services, which does not constitute such an activity in the public interest, are not entitled to that exemption.

      (1)  OJ C 311, 21.9.2015.


title: Case T-542/15: Order of the General Court of 25 September 2017 — Hungary v Commission (ERDF — Operational Programme ‘Transport’ and Regional Operational Programmes for Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia — Decision to suspend the interim payments — Repeal of the contested act — No need to adjudicate)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/29

         Order of the General Court of 25 September 2017 — Hungary v Commission
   (Case T-542/15) (1)

   ((ERDF - Operational Programme ‘Transport’ and Regional Operational Programmes for Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia - Decision to suspend the interim payments - Repeal of the contested act - No need to adjudicate))
   (2017/C 392/36)
   Language of the case: English

      Parties

      Applicant: Hungary (represented by: J. Bonhage and F. Quast, lawyers)

      Defendant: European Commission (represented by: B.-R. Killmann and A. Tokár, acting as Agents)

      Re:

   Application based on Article 263 TFEU seeking annulment of Commission Decision C(2015) 4979 final of 14 July 2015 on the suspension of part of the interim payments from the European Regional Development Fund (ERDF) and the Cohesion Fund for the expenditure paid for the Operational Programme ‘Transport’ for the regions of Central Hungary, West Pannon, South Great Plain, Central Transdanubia, North Hungary, North Great Plain and South Transdanubia

      Operative part of the order

               1.

               There is no longer any need to adjudicate on the action.

               2.

               Hungary is ordered to pay the costs.

      (1)  OJ C 406, 7.12.2015.


title: Case T-646/17: Action brought on 22 September 2017 — Addicion Sicav and Others v SRB

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/37

         Action brought on 22 September 2017 — Addicion Sicav and Others v SRB
   (Case T-646/17)
   (2017/C 392/46)
   Language of the case: Spanish

      Parties

      Applicants: Addicion Sicav, SA (Madrid, Spain), Allocation Sicav, SA (Madrid), Fundación Rafael de Pinto (Madrid), Chart Inversiones Sicav, SA (Madrid) and Match Ten Inversiones Sicav, SA (Madrid) (represented by: M. Romero Rey and I. Salama Salama, lawyers)

      Defendant: Single Resolution Board

      Form of order sought

   The applicants claim that the General Court should:

               —

               On the basis of Article 263 TFEU, annul Decision SRB/EES/2017/08 of the Single Resolution Board (SRB) of 7 June 2017 adopting a resolution scheme in respect of the Banco Popular Español, S.A.;

               —

               In accordance with Article 340(2) TFEU and Article 41(3) of the Charter of Fundamental Rights of the European Union, order the Single Resolution Board to pay compensation to the applicants for the harm suffered, in an amount corresponding to the nominal value of the bonds, updated at the date of resolution, and the related default interest accrued from that date up to the date the reimbursement will be made;

               —

               In accordance with Articles 133 and 134 of the Rules of Procedure of the General Court, order the Single Resolution Board to pay the costs of these proceedings.

      Pleas in law and main arguments

   The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.


title: Case T-139/16: Judgment of the General Court of 6 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/21

         Judgment of the General Court of 6 October 2017 — SDSR v EUIPO — Berghaus (BERG OUTDOOR)
   (Case T-139/16) (1)

   ((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))
   (2017/C 392/26)
   Language of the case: English

      Parties

      Applicant: Sports Division SR, SA (SDSR) (Matosinhos, Portugal) (represented by A. Sebastião and J. Pimenta, lawyers)

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

      Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Berghaus Ltd (London, United Kingdom) (represented by S. Ashby, A. Carboni and J. Colbourn, Solicitors)

      Re:

   Action brought against the decision of the Second Board of Appeal of EUIPO of 21 January 2016 (Case R 153/2015-2) relating to opposition proceedings between Berghaus and SDSR.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Sports Division SR, SA (SDSR) to bear its own costs and to pay those incurred by EUIPO and the intervener.

      (1)  OJ C 175, 17.5.2016.


title: Case T-647/17: Action brought on 22 September 2017 — Serendipity and Others v EUIPO — CKL Holdings (CHIARA FERRAGNI)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/38

         Action brought on 22 September 2017 — Serendipity and Others v EUIPO — CKL Holdings (CHIARA FERRAGNI)
   (Case T-647/17)
   (2017/C 392/47)
   Language in which the application was lodged: Italian

      Parties

      Applicant: Serendipity Srl (Milan, Italy), Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta) (represented by: C. Volpi and L. Aliotta, lawyers)

      Defendant: European Union Intellectual Property Office (EUIPO)

      Other party to the proceedings before the Board of Appeal: CKL Holdings NV (CV Bussum, Netherlands)

      Details of the proceedings before EUIPO

      Applicant of the trade mark at issue: Applicant

      Trade mark at issue: European Union figurative mark containing the word elements ‘CHIARA FERRAGNI’ in black and sky blue — Registration application No 14 346 795

      Procedure before EUIPO: Opposition proceedings

      Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 17 July 2017 in Case R 2444/2016-4

      Form of order sought

   The applicant claims that the Court should:

               —

               annul the contested decision;

               —

               order EUIPO to pay the costs.

      Pleas in law

               —

               Seniority of earlier European Union trade mark No 011841582 ‘Chiara Ferrangni’ filed on 25 June 2013, registered on 10 October 2013;

               —

               Incorrect comparison of the marks at issue;

               —

               Incorrect global assessment of the likelihood of confusion.


title: Joined Cases C-361/15 P and C-405/15 P: Judgment of the Court (Fourth Chamber) of 21 September 2017 — Easy Sanitary Solutions BV v European Union Intellectual Property Office (EUIPO), Group Nivelles NV (Appeal — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 5 — Novelty — Article 6 — Individual character — Article 7 — Disclosure to the public — Article 63 — Powers of the European Union Intellectual Property Office (EUIPO) in the taking of evidence — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design — Design for a shower drainage channel — Dismissal of an application for a declaration of invalidity by the Board of Appeal)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/5

         Judgment of the Court (Fourth Chamber) of 21 September 2017 — Easy Sanitary Solutions BV v European Union Intellectual Property Office (EUIPO), Group Nivelles NV
   (Joined Cases C-361/15 P and C-405/15 P) (1)

   ((Appeal - Intellectual property - Community designs - Regulation (EC) No 6/2002 - Article 5 - Novelty - Article 6 - Individual character - Article 7 - Disclosure to the public - Article 63 - Powers of the European Union Intellectual Property Office (EUIPO) in the taking of evidence - Burden of proof on the applicant for a declaration of invalidity - Requirements relating to the reproduction of an earlier design - Design for a shower drainage channel - Dismissal of an application for a declaration of invalidity by the Board of Appeal))
   (2017/C 392/07)
   Language of the case: Dutch

      Parties

      Appellants: Easy Sanitary Solutions BV (represented by: F. Eijsvogels, advocaat) (C-361/15 P), European Union Intellectual Property Office (EUIPO) (represented by S. Bonne and A. Folliard-Monguiral, acting as Agents) (C-405/15 P)

      Other party to the proceedings: Group Nivelles NV (represented by: H. Jonkhout, advocaat)

      Intervener in support of the European Union Intellectual Property Office (EUIPO) (C-405/15 P): United Kingdom of Great Britain and Northern Ireland (represented by J. Kraehling and C.R. Brodie, acting as Agents, and by N. Saunders, Barrister)

      Operative part of the judgment

   The Court:

               1.

               Dismisses the appeals in the Cases C-361/15 P and C-405/15 P;

               2.

               Orders Easy Sanitary Solutions BV to bear its own costs and to pay the costs incurred by Group Nivelles NV and by the European Union Intellectual Property Office (EUIPO) in Case C-361/15 P;

               3.

               Orders EUIPO to bear its own costs and also to pay the costs incurred by Group Nivelles NV in Case C-405/15 P;

               4.

               Orders EUIPO to pay a third of the costs incurred by Easy Sanitary Solutions BV in Case C-405/15 P, the remaining two thirds of those costs being borne by Easy Sanitary Solutions BV;

               5.

               Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs in Case C-405/15 P.

      (1)  OJ C 337, 12.10.2015.


title: Case T-297/16 P: Order of the General Court of 26 September 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/29

         Order of the General Court of 26 September 2017 — Gyarmathy v EMCDDA
   (Case T-297/16 P) (1)

   ((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))
   (2017/C 392/37)
   Language of the case: English

      Parties

      Appellant: Valéria Anna Gyarmathy (Győr, Hungary) (represented by: A. Véghely, lawyer)

      Other party to the proceedings: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti and F. Pereyra, acting as Agents, and B. Wägenbaur, lawyer)

      Re:

   Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 18 May 2015, Gyarmathy v EMCDDA (F-79/13, EU:F:2015:49), seeking the setting aside of that judgment.

      Operative part of the order

               1.

               The appeal is dismissed.

               2.

               Ms Valéria Anna Gyarmathy is to bear her own costs and to pay the costs incurred by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) in the appeal proceedings.

      (1)  OJ C 364, 3.10.2016.


title: Case T-143/16: Judgment of the General Court of 4 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/22

         Judgment of the General Court of 4 October 2017 — Intesa Sanpaolo v EUIPO — Intesia Group Holding (INTESA)
   (Case T-143/16) (1)

   ((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))
   (2017/C 392/27)
   Language of the case: English

      Parties

      Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and G. Ghisletti, lawyers)

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

      Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Intesia Group Holding GmbH (Böblingen, Germany)

      Re:

   Action brought against the decision of the First Board of Appeal of EUIPO of 21 January 2016 (Case R 632/2015-1), relating to revocation proceedings between Intesa Sanpaolo and Intesia Group Holding.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Intesa Sanpaolo SpA to bear its own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Intesia Group Holding GmbH.

      (1)  OJ C 191, 30.5.2016.


title: Case T-677/17: Action brought on 2 October 2017 — ClientEarth v Commission

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/38

         Action brought on 2 October 2017 — ClientEarth v Commission
   (Case T-677/17)
   (2017/C 392/48)
   Language of the case: English

      Parties

      Applicant: ClientEarth (London, United Kingdom) (represented by: A. Jones, Barrister)

      Defendant: European Commission

      Form of order sought

   The applicant claims that the Court should:

               —

               declare the application admissible and well-founded,

               —

               annul the second sub-paragraph of Article 1(3)(a) of the Commission Regulation (EU) 2017/1154 of 7 June 2017, amending Regulation (EU) 2017/1151 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2017 L 175, p. 708);

               —

               order the Commission to pay the applicant’s costs; and

               —

               order any other measure deemed appropriate.

      Pleas in law and main arguments

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

               1.

               First plea in law, alleging that the confidentiality requirement imposed by the contested provision is unlawful because it will necessarily preclude public authorities in EU Member States from disclosing information on emissions into the environment in response to a request from a member of the public, in breach of Articles 3 and 4 of the Environmental Information Access Directive (1).

               2.

               Second plea in law, alleging the blanket confidentiality requirement imposed by the contested provision is unlawful because it will necessarily preclude EU institutions and bodies from disclosing information on emissions into the environment in response to a request from a member of the public, in breach of Article 6 of the Aarhus Regulation (2) and Article 2 the Public Access Regulation (3).

               3.

               Third plea in law, alleging that the Commission, in introducing a blanket confidentiality provision, has introduced an essential element that goes beyond the scope of supplementing measures within the meaning of Articles 5(3) and 14(3) of Regulation (EC) No 715/2007, modifying the effect of the Environmental Information Access Directive, the Aarhus Regulation, and the Public Access Regulation, and depriving those measures of their effet utile.

               4.

               Fourth plea in law, alleging that the blanket confidentiality requirement imposed by the contested provision violates the general principle of proportionality at EU law.

      (1)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003, L 41, p. 26)

      (2)  Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006, L 264, p. 13).

      (3)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001, L 145, p. 43).


title: Case C-605/15: Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Aviva Towarzystwo Ubezpieczeń na Życie S.A. w Warszawie (Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to insurance)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/6

         Judgment of the Court (Fourth Chamber) of 21 September 2017 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Minister Finansów v Aviva Towarzystwo Ubezpieczeń na Życie S.A. w Warszawie
   (Case C-605/15) (1)

   ((Reference for a preliminary ruling - Taxation - Value added tax - Directive 2006/112/EC - Article 132(1)(f) - Exemptions for certain activities in the public interest - Exemption for the supply of services by independent groups of persons for their members - Applicability to insurance))
   (2017/C 392/08)
   Language of the case: Polish

      Referring court

   Naczelny Sąd Administracyjny

      Parties to the main proceedings

      Applicant: Minister Finansów

      Defendant: Aviva Towarzystwo Ubezpieczeń na Życie S.A. w Warszawie

      Operative part of the judgment

   Article 132(1)(f) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted to the effect that the exemption provided for in that provision relates only to independent groups of persons whose members carry on an activity in the public interest referred to in Article 132 of that directive and that, therefore, the services supplied by independent groups of persons whose members carry on an economic activity in the area of insurance, which does not constitute such an activity in the public interest, are not entitled to that exemption.

      (1)  OJ C 90, 7.3.2016.


title: Case T-176/16: Judgment of the General Court of 6 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/23

         Judgment of the General Court of 6 October 2017 — Kofola ČeskoSlovensko v EUIPO — Mionetto (UGO)
   (Case T-176/16) (1)

   ((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))
   (2017/C 392/28)
   Language of the case: English

      Parties

      Applicant: Kofola ČeskoSlovensko a.s (Ostrava, Czech Republic) (represented by: L. Lorenc, lawyer)

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

      Other party to the proceedings before the Board of Appeal of EUIPO: Mionetto SpA (Valdobbiadne, Italy)

      Re:

   Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 February 2016 (Case R 2707/2014-4), relating to opposition proceedings between Mionetto and Kofola ČeskoSlovensko.

      Operative part of the judgment

   The Court:

               1.

               Dismisses the action;

               2.

               Orders Kofola ČeskoSlovensko a.s. to pay the costs.

      (1)  OJ C 222, 20.6.2016.


title: Case T-700/15: Order of the General Court of 18 September 2017 — Volfas Engelman v EUIPO — Rauch Fruchstäfte (BRAVORO PINTA)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/40

         Order of the General Court of 18 September 2017 — Volfas Engelman v EUIPO — Rauch Fruchstäfte (BRAVORO PINTA)
   (Case T-700/15) (1)

   (2017/C 392/49)
   Language of the case: English
   The President of the Fourth Chamber has ordered that the case be removed from the register.

      (1)  OJ C 38, 1.2.2016.


title: Case C-616/15: Judgment of the Court (Fourth Chamber) of 21 September 2017 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemption for services supplied to their members by independent groups of persons — Restriction to independent groups whose members exercise a limited number of professions)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/7

         Judgment of the Court (Fourth Chamber) of 21 September 2017 — European Commission v Federal Republic of Germany
   (Case C-616/15) (1)

   ((Failure of a Member State to fulfil obligations - Taxation - Value added tax - Directive 2006/112/EC - Article 132(1)(f) - Exemption for services supplied to their members by independent groups of persons - Restriction to independent groups whose members exercise a limited number of professions))
   (2017/C 392/09)
   Language of the case: German

      Parties

      Applicant: European Commission (represented by: M. Owsiany-Hornung and by B.-R. Killmann and R. Lyal, acting as Agents)

      Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller and by K. Petersen, acting as Agents)

      Operative part of the judgment

   The Court:

               1.

               Declares that by restricting the VAT exemption to IGPs whose members exercise a limited number of professions, the Federal Republic of Germany has failed to fulfil its obligations under Article 132(1)(f) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax;

               2.

               Orders the Federal Republic of Germany to pay the costs.

      (1)  OJ C 98, 14.3.2016.


title: Case T-336/16: Judgment of the General Court of 5 October 2017 — 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)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/23

         Judgment of the General Court of 5 October 2017 — Versace 19.69 Abbigliamento Sportivo v EUIPO — Gianni Versace (VERSACE 19.69 ABBIGLIAMENTO SPORTIVO)
   (Case T-336/16) (1)

   ((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))
   (2017/C 392/29)
   Language of the case: Italian

      Parties

      Applicant: Versace 19.69 Abbigliamento Sportivo Srl (Busto Arsizio, Italy) (represented initially by F. Caricato, and subsequently by M. Cartella and B. Cartella, lawyers)

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

      Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gianni Versace SpA (Milan, Italy) (represented by: M. Francetti, lawyer)

      Re:

   Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2016 (Case R 1005/2015-1) relating to opposition proceedings between Gianni Versace and Versace 19.69 Abbigliamento Sportivo.

      Operative part of the judgment

   The Court:

               1.

               Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 April 2016 (Case R 1005/2015-1) in so far as the Board of Appeal held that there had been genuine use of the earlier EU mark VERSACE for textile goods (not included in other classes) other than ‘household linen’ in class 24;

               2.

               Dismisses the action as to the remainder;

               3.

               Orders Versace 19.69 Abbigliamento Sportivo Srl to bear its own costs and to pay one half of the costs incurred by EUIPO;

               4.

               Orders EUIPO to bear one half of its own costs;

               5.

               Orders Gianni Versace SpA to bear its own costs.

      (1)  OJ C 296, 16.8.2016.


title: Case C-125/16: Judgment of the Court (Third Chamber) of 21 September 2017 (request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili — Malta) — Malta Dental Technologists Association, John Salomone Reynaud v Superintendent tas-Saħħa Pubblika, Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina (Reference for a preliminary ruling — Directive 2005/36/EC — Recognition of professional qualifications — Dental technologists — Conditions governing the practice of the profession in the host Member State — Requirement for the compulsory intermediation of a dental practitioner — Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Public interest objective of ensuring the protection of public health — Proportionality)

text:
               20.11.2017

               EN

               Official Journal of the European Union

               C 392/7

         Judgment of the Court (Third Chamber) of 21 September 2017 (request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili — Malta) — Malta Dental Technologists Association, John Salomone Reynaud v Superintendent tas-Saħħa Pubblika, Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina
   (Case C-125/16) (1)

   ((Reference for a preliminary ruling - Directive 2005/36/EC - Recognition of professional qualifications - Dental technologists - Conditions governing the practice of the profession in the host Member State - Requirement for the compulsory intermediation of a dental practitioner - Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State - Article 49 TFEU - Freedom of establishment - Restriction - Justification - Public interest objective of ensuring the protection of public health - Proportionality))
   (2017/C 392/10)
   Language of the case: Maltese

      Referring court

   Prim’Awla tal-Qorti Ċivili

      Parties to the main proceedings

      Applicants: Malta Dental Technologists Association, John Salomone Reynaud

      Defendants: Superintendent tas-Saħħa Pubblika, Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina

      Operative part of the judgment

   Article 49 TFEU, and Article 4(1) and the first subparagraph of Article 13(1) of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, must be interpreted to the effect that they do not preclude legislation of a Member State, such as that at issue in the main proceedings, which stipulates that the activities of a dental technologist must be pursued in collaboration with a dental practitioner, inasmuch as that requirement is applicable, in accordance with that legislation, to clinical dental technologists who obtained their professional qualifications in another Member State and who wish to pursue their profession in the first Member State.

      (1)  OJ C 191, 30.5.2016.