Category: European

Hansen and Rosenthal and H and R Wax Company Vertrieb v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – Guidelines for calculating the amount of fines 2006 – Rights of defense – Calculation of the value of sales – Gravity of the infringement – Non-retroactivity – Equal treatment – Proportionality

T-544/08, [2014] EUECJ T-544/08
Bailii

European, Commercial

Updated: 24 December 2021; Ref: scu.539903

Oracle America v OHMI – Aava Mobile (Aava Core): ECFI 11 Dec 2014

ECJ (Judgment) Community trade mark – Opposition proceedings – Application for Community word mark AAVA CORE – Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – No likelihood of association – Link between the signs – No similarity of the signs – Article 8(5) of Regulation No 207/2009

A. Dittrich, P
T-618/13, [2014] EUECJ T-618/13
Bailii
Regulation No 207/2009 8

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539914

ENI v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of infringement – 2006 Guidelines for the calculation of fines – Equal treatment – Aggravating circumstances – Repeated infringement – Obligation to state reasons – Mitigating circumstances – substantially reduced participation – Infringement by negligence – Rights of the defense – Full jurisdiction

T-558/08, [2014] EUECJ T-558/08
Bailii

European

Updated: 24 December 2021; Ref: scu.539899

H and R Chempharm v Commission: ECFI 12 Dec 2014

Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price fixing – Proof of the infringement – Guidelines for calculating the amount of fines 2006 – Reference period – Calculation the value of sales – Gravity of the infringement – Concentration during the period of the infringement – Equal treatment – Proportionality

T-551/08, [2014] EUECJ T-551/08
Bailii
European

European, Commercial

Updated: 24 December 2021; Ref: scu.539902

Repsol Lubricantes Y Especialidades and Others v Commission: ECFI 12 Dec 2014

ECJ Judgment – Competition – Agreements – paraffin waxes market – Decision finding an infringement of Article 81 EC – Price-fixing and market-sharing – Proof of the existence of the agreement – Duration of the infringement – 2006 Guidelines for the calculation of fines – Equal treatment – Presumption of innocence – Liability for unlawful conduct – Responsibility of a parent company for infringements of the competition rules committed by its subsidiaries – Decisive influence exercised by the parent company – Presumption who hold a 100% interest ‘

O. Czucz (Rapporteur), P
T-562/08, [2014] EUECJ T-562/08, ECLI: EU: T: 2014 1078
Bailii

European, Commercial

Updated: 24 December 2021; Ref: scu.539916

Groupe Canal+ v OHMI – Euronews (News+): ECFI 12 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark News + – Earlier national word mark ACTU + – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-591/13, [2014] EUECJ T-591/13
Bailii
Regulation (EC) No 207/2009 8

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539901

Cruz and CompanhiaLda v Instituto de Financiamento da Agricultura e Pescas, IP: ECJ 11 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EEC) No 3665/87 – Articles 4(1) and 13 – Regulation (EEC) No 2220/85 – Article 19(1)(a) – Export refunds – Advance payments on refunds – Conditions for the release of the guarantee furnished to ensure the repayment of the advance

T von Danwitz, P
C-128/13, [2014] EUECJ C-128/13, ECLI:EU:C:2014:2432
Bailii

European, Agriculture

Updated: 24 December 2021; Ref: scu.539897

Crown Equipment (Suzhou) And Crown Gabelstapler v Council: ECFI 12 Dec 2014

ECJ Judgment (Extracts) Dumping – Imports of hand pallet trucks and their essential parts originating in China – Review – Article 11(2) of Regulation (EC) No 1225/2009 – Rights of defence – Error of fact – Manifest error of assessment – Obligation to state reasons

T-643/11, [2014] EUECJ T-643/11
Bailii

European

Updated: 24 December 2021; Ref: scu.539896

Croce Amica One Italia v Azienda Regionale Emergenza Urgenza (AREU), intervener: Consorzio Lombardia Sanita: ECJ 11 Dec 2014

ECJ (Judgment) Reference for a preliminary ruling – Public services contracts – Directive 2004/18/EC – Directive 89/665/EEC – Personal situation of the candidate or tenderer – Provisional award of the contract – Criminal investigations initiated in respect of the legal representative of the successful tenderer – Decision by the contracting authority not to proceed with the definitive award of the contract and to withdraw the invitation to tender – Judicial review

C-440/13, [2014] EUECJ C-440/13, ECLI:EU:C:2014:2435
Bailii
Directive 2004/18/EC

European

Updated: 24 December 2021; Ref: scu.539895

Coca-Cola v OHMI – Mitico (Master): ECFI 11 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Master – Earlier Community figurative marks Coca-Cola and earlier national figurative mark C – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009 – Similarity of the signs – Evidence relating to the commercial use of the mark applied for

T-480/12, [2014] EUECJ T-480/12, ECLI:EU:T:2014:1062
Bailii
Regulation (EC) No 207/2009 8(5)

European, Intellectual property

Updated: 24 December 2021; Ref: scu.539889

Commission v Greece: ECJ 11 Dec 2014

ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 1999/31 / EC – Articles 6, a), 8, 9 a) to c), 11, paragraph 1, and 12 – Directive 2008/98 / EC – Articles 13 , 23 and 36, paragraph 1 – Waste management – Landfill of waste – No valid landfill permit – Malfunctions in the operation of the landfill

C-677/13, [2014] EUECJ C-677/13, ECLI: EU: C: 2014 : 2433
Bailii
Directive 1999/31/EC, Directive 2008/98/EC

European, Environment

Updated: 24 December 2021; Ref: scu.539891

Colart And Others v Parliament: ECJ 11 Dec 2014

ECJ (Judgment) Public service – Staff Representation – Staff Committee – Elections to the Staff Committee – Regulations on staff representation in the European Parliament – College Competence tellers – Claim Procedure before the college of tellers – Publication of the election results – Complaint lodged with the college of tellers – Article 90, paragraph 2, of the Statute – prior complaint to the appointing authority Failure – Direct Actions before the Court – Inadmissible

F-31/14, [2014] EUECJ F-31/14, ECLI: EU: F: 2014 264
Bailii

European

Updated: 24 December 2021; Ref: scu.539890

Austria v Commission: ECFI 11 Dec 2014

ECJ Judgment – State aid – Electricity – aid for energy-intensive businesses – Austrian Green Electricity Act – Decision declaring the aid incompatible with the common market – Concept of State aid – State resources – Imputability to the State – Selective nature – General Block Exemption Regulation – Abuse of power – Equal treatment

T-251/11, [2014] EUECJ T-251/11, ECLI:EU:T:2014:1060
Bailii

European, Utilities

Updated: 24 December 2021; Ref: scu.539886

Banco Privado Portugues And Massa Insolvente Do Banco Privado Portugues v Commission: ECFI 12 Dec 2014

ECJ Judgment – State aid – Financial sector – State Guarantee accompanying a bank loan – Aid to remedy a serious disturbance in the economy of a Member State – Article 107, paragraph 3, sub b) TFEU – Decision declaring the aid incompatible with the common market – Guidelines on State aid for rescuing and restructuring firms in difficulty – Compliance with the Commission communication on aid to the financial sector in the context of the financial crisis – Legitimate expectations – Obligation to state reasons

T-487/11, [2014] EUECJ T-487/11, ECLI:EU T:2014:1077
Bailii

European, Banking

Updated: 24 December 2021; Ref: scu.539887

Cedc International v OHMI – Underberg (Forme D’Un Brin D’Herbe Dans Une Bouteille): ECFI 11 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for three-dimensional Community mark – Shape of a blade of grass in a bottle – Earlier national three-dimensional mark – Genuine use of the earlier mark – Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 – Production of evidence for the first time before the Board of Appeal – Discretion granted by Article 76(2) of Regulation No 207/2009 – Obligation to state reasons

T-235/12, [2014] EUECJ T-235/12
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539888

Comptoir D’Epicure v OHMI – A-Rosa Akademie (Da Rosa): ECFI 12 Dec 2014

Judgment – Community trade mark – Opposition proceedings – Application for international registration designating the European Community figurative -Mark da rosa – Earlier Community word mark Arosa – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b), the Regulation (EC) No 207/2009 -Article 42, paragraphs 2 and 3 of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95

T-405/13, [2014] EUECJ T-405/13, ECLI:EU:T:2014:1072
Bailii
Regulation (EC) No 2868/95

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539894

DE v EMA: ECJ 11 Dec 2014

ECJ (Judgment) Civil service – Member of the temporary staff of EMA – Evaluation report – Application for annulment – Obligation to state reasons – Manifest error of assessment – Infringement of procedural rules – None

R. Barents, acting as P
F-103/13, [2014] EUECJ F-103/13, ECLI:EU:F:2014:265
Bailii

European

Updated: 24 December 2021; Ref: scu.539898

Vanbreda Risk and Benefits v Commission: ECFI 4 Dec 2014

ECJ (Order) Interim measures – Public service contracts – Tender procedure – Provision of property insurance and personal services – Rejection of a tender – Application for suspension of operation – Admissibility – Prima facie case – Urgency – Balancing of interests

T-199/14, [2014] EUECJ T-199/14 – CO, [2015] EUECJ T-199/14
Bailii, Bailii

European

Updated: 24 December 2021; Ref: scu.539811

IRO v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Legal basis – Preparation of the case – Market definition – Violation of Article 65 CS – Fines – Mitigating circumstances – Proportionality

T-69/10, [2014] EUECJ T-69/10
Bailii

European

Updated: 24 December 2021; Ref: scu.539803

Leder and Schuh International v OHMI – Epple (Valdasaar): ECFI 9 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark VALDASAAR – Earlier Community word mark Val d’Azur – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

M. Martins Ribeiro (Rapporteur), P
T-519/13, [2014] EUECJ T-519/13
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539805

Lucchini v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Legal basis – Rights of the defense – Fines – Gravity and duration of the infringement – Mitigating circumstances – Consideration of a judgment annulling a related matter

T-91/10, [2014] EUECJ T-91/10
Bailii

European

Updated: 24 December 2021; Ref: scu.539806

Netherlands Maritime Technology Association v Commission: ECFI 9 Dec 2014

ECJ Judgment – State aid – Spanish scheme of early depreciation of certain assets acquired through financial leasing – Decision finding no State aid – Formal investigation procedure not initiated – Serious difficulties – Circumstances and length of the preliminary examination – Insufficient and incomplete examination

T-140/13, [2014] EUECJ T-140/13
Bailii

European

Updated: 24 December 2021; Ref: scu.539807

Leali v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Legal basis – Excess of power and abuse of process – Fines – Duration of the infringement – Proportionality – Limitation – Action for annulment – changing decision

T-489/09, [2014] EUECJ T-489/09, ECLI: EU: T: 2014 1039
Bailii

European

Updated: 24 December 2021; Ref: scu.539804

Riva Fire v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Powers of the Commission – Legal basis – Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions – Rights of the defense – Geographic Market Definition – Application of the principle of lex mitior – Violation of Article 65 CS – Fines – Gravity and duration of the infringement – Mitigating circumstances – Proportionality – Implementation of the Communication on the 1996 cooperation

T-83/10, [2014] EUECJ T-83/10
Bailii
Regulation (EC) No 1/2003

European, Commercial

Updated: 24 December 2021; Ref: scu.539809

Inter-Union Technohandel v OHMI – Gumersport Mediterranea De Distribuciones (Proflex): ECFI 9 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark PROFLEX – Earlier national word mark PROFEX – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation (EC) No 207/2009)

T-278/12, [2014] EUECJ T-278/12, ECLI:EU:T:2014:1045
Bailii
Regulation (EC) No 207/2009 42(2) 42(3)

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539802

Feralpi v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Incompetence – Legal basis – Infringement of the rights of defense – Principle of sound administration, proportionality and equality of arms – imputation Criteria – Market definition – Violation of Article 65 CS – Fines – Limitation – Gravity – Duration

T-70/10, [2014] EUECJ T-70/10, ECLI: EU: T: 2014 1031
Bailii
Regulation (EC) No 1/2003

European

Updated: 24 December 2021; Ref: scu.539799

Ferriera Valsabbia And Valsabbia Investimenti v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Excess of authority – Rights of the defense – Single and continuous infringement – Fines – Determination of the starting amount – Mitigating circumstances – Duration of the administrative procedure

T-92/10, [2014] EUECJ T-92/10, ECLI: EU: T: 2014: 1032
Bailii
Regulation (EC) No 1/2003

European

Updated: 24 December 2021; Ref: scu.539800

Ferriere Nord v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Market reinforcing bar in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 – Fixing Price and payment terms – Limiting or controlling production or sales – Breach of essential procedural – Powers of the Commission – Rights of the defense – the offense Finding – Fines – Recidivism – Mitigating circumstances – Cooperation – Unlimited jurisdiction

T-90/10, [2014] EUECJ T-90/10, ECLI: EU: T: 2014: 1035
Bailii

European, Commercial

Updated: 24 December 2021; Ref: scu.539801

Alfa Acciai v Commission: ECFI 9 Dec 2014

ECJ Judgment – Competition – Cartels – Markets concrete reinforcing bars in bars or rolls – Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Fixing prices and payment terms – Limiting or controlling production or sales – Excess of authority – Rights of the defense – Single and continuous infringement – Fines – Determination of the starting amount – Mitigating circumstances – Duration of the administrative procedure

T-85/10, [2014] EUECJ T-85/10, ECLI:EU:T:2014:1037
Bailii

European, Commercial

Updated: 24 December 2021; Ref: scu.539793

J and E (Children: Brussels II Revised: Article 15): FC 11 Nov 2014

The local authority applied to the court for care orders and placement orders in respect of two young girls. The parents opposed the local authority’s applications. The mother was Hungarian. The father was Hungarian/Roma. The mother applied under Article 15(2)(a) of the Regulation for an order requesting that the Hungarian court should assume jurisdiction with respect to these proceedings. The local authority and the Children’s Guardian opposed the making of such an order.
Held: The court acceeded to the request for the transfer under article 15. Having considered the several factors pointing either way, As to delay, although it was inevitable that there would be some further delay in settling the children’s future if the case were transferred, and he did not know what the extent of that would be, it had to been seen in the context of the significant delay so far, much of which was attributable to the local authority. He was not therefore persuaded that significant weight should be attached to it. However, the Hungarian court was better placed to hear the case. He attached particular weight to the potential for contact with siblings.

Bellamy HHJ
[2014] EWFC 45
Bailii
Council Regulation (EC) 2201/2003
England and Wales
Citing:
Cited – In re J (A Child: Brussels II revised: Article 15: Practice and Procedure) FC 29-Oct-2014
Application to transfer children proceedings to anoher member state (Hungary)
Held: The order should be made. A Hungarian court might better be able to facilitate contact with siblings living there. . .

Cited by:
At FC – Re N (Children : Adoption: Jurisdiction) CA 2-Nov-2015
Appeal against care and placement order proceedings in relation to two Hungarian children, The orders were for the transfer of the case to Hungary.
Held: The appeal was dismissed. As to Article 15, the Court considered: What are the . .
At FC – In Re N (Children) SC 13-Apr-2016
The Court considered whether the future of two little girls, aged four and two years, should be decided by the courts of this country or by the authorities in Hungary. Both children were born in England and lived all their lives here. But their . .

Lists of cited by and citing cases may be incomplete.

Children, European

Updated: 24 December 2021; Ref: scu.539730

Migliore v Commission: ECJ 2 Dec 2014

ECJ Public service – Officials – Promotion – Certification procedure – Year 2012 – Non-inclusion of the applicant on the list of officials authorized to follow the training program in 2013 – Article 45a of the Staff Regulations – Plea of ??illegality of the call Nominations – GIP of Article 45a of the Staff Regulations – Scope

F-110/13, [2014] EUECJ F-110/13
Bailii

European

Updated: 24 December 2021; Ref: scu.539579

De Clercq And Others: ECJ 3 Dec 2014

ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to submit the acknowledgement of receipt of the declaration which should have been made to the host Member State by their employer established in another Member State – Criminal penalty

M Ilesic P
C-315/13, [2014] EUECJ C-315/13, ECLI:EU:C:2014:2408
Bailii
TFEU 56 57, Directive 2006/123/EC 19, Directive 96/71/EC 3(1)

European

Updated: 24 December 2021; Ref: scu.539576

Schulz v Stadtwerke Ahaus Gmbh: ECJ 23 Oct 2014

ECJ Judgment – Reference for a preliminary ruling – Directives 2003/54/EC and 2003/55/EC – Consumer protection – Internal market in electricity and natural gas – National legislation determining the content of consumer contracts covered by a universal supply obligation – Unilateral adjustment of the price of the service by the seller or supplier – Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope

[2014] EUECJ C-54/14, C-359/11, C-400/11
Bailii

European

Updated: 24 December 2021; Ref: scu.539580

Italy v Commission: ECFI 2 Dec 2014

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Dairy – Assigned revenue – Key controls – Delay – flat-rate financial correction – Legal basis – Article 53 of Regulation (EC) No 1605/2002 – Recurrence

T-661/11, [2014] EUECJ T-661/11, ECLI: EU: T: 2014: 1016
Bailii
Regulation (EC) No 1605/2002 53

European, Agriculture

Updated: 24 December 2021; Ref: scu.539577

Sea v Commission: ECFI 27 Nov 2014

ECJ Order – Interim measures – State aid – Obligation to recover aid granted by the public operator of an airport for a subsidiary company responsible for management services – Liquidation of the company – Creation of a new company in charge of services management – Commission decision to open the formal investigation procedure of State aid to consider the existence of an economic continuity between the two companies – Application for suspension of operation – Manifest inadmissibility the main application – Inadmissibility – No urgency

T-674/14, [2014] EUECJ T-674/14 – CO
Bailii

European

Updated: 24 December 2021; Ref: scu.539573

H v HK: ECJ 4 Dec 2014

(Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction of the courts of a Member State in which insolvency proceedings have been opened for an action in respect of insolvency against a defendant domiciled in a non-member State – Action brought against the managing director of a company for reimbursement of payments made after that company has become insolvent or after it has been established that its liabilities exceed its assets)

A. Borg Barthet P
C-295/13, [2014] EUECJ C-295/13
Bailii

European, Insolvency

Updated: 24 December 2021; Ref: scu.539595

Boehringer Ingelheim Pharma v OHMI – Nepentes Pharma (Momarid): ECFI 2 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark Momarid – Earlier Community word mark LONARID – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relevant public – Obligation to state reasons – Article 75 of Regulation No 207/2009

S. Papasavvas, P
T-75/13, [2014] EUECJ T-75/13, ECLI:EU:T:2014:1017
Bailii
Regulation (EC) No 207/2009 75

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539574

BSH v OHMI – LG Electronics (Compressor Technology): ECFI 4 Dec 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark compressor technology – Earlier national word mark KOMPRESSOR – Relative ground for refusal – Partial refusal of registration – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

T-595/13, [2014] EUECJ T-595/13
Bailii
Regulation (EC) No 207/2009

European

Updated: 24 December 2021; Ref: scu.539593

Sales and Solutions v OHMI – Inceda (Watt): ECFI 4 Dec 2014

Judgment – Community trade mark – Invalidity proceedings – Community figurative and verbal marks WATT WATT – Absolute ground for refusal – Descriptive character – Article 7, paragraph 1 c) of Regulation (EC) No 207/2009

T-494/13, [2014] EUECJ T-494/13
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539596

Spain v Commission: ECJ 4 Dec 2014

ECJ (Judgment) – Appeal – Cohesion Fund – Project for sanitation and treatment of urban waste water from the city of Zaragoza (Spain) – Reduction of financial assistance – Existence of a period – Non-compliance of the deadline – Consequences

C-513/13, [2014] EUECJ C-513/13
Bailii

European

Updated: 24 December 2021; Ref: scu.539597

Airport Handling v Commission: ECFI 28 Nov 2014

ECJ Order – Interim measures – State aid – Obligation to recover aid granted by the public operator of an airport for a subsidiary company responsible for management services – Implementation liquidation of the company – Creation of a new company charged Management Services – Commission decision to open the formal investigation procedure of State aid to consider the existence of an economic continuity between the two companies – Application for suspension of operation – Manifest inadmissibility of the main application – Inadmissibility – Lack of urgency

T-688/14, [2014] EUECJ T-688/14 – CO
Bailii

European

Updated: 24 December 2021; Ref: scu.539572

Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona (Ripassa Zenato): ECFI 27 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark Ripassa ZENATO – Earlier national word mark RIPASSO – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207 / 2009

T-154/11, [2014] EUECJ T-154/11, ECLI: EU: T: 2014 997
Bailii
Regulation (EC) No. 207/2009 8(1)(b)

European

Updated: 24 December 2021; Ref: scu.539355

Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona (Zenato Ripassa): ECFI 27 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark ZENATO Ripassa – Earlier national word mark RIPASSO – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No. 207 / 2009

T-153/11, [2014] EUECJ T-153/11, ECLI: EU: T: 2014 998
Bailii
Regulation (EC) No. 207/2009 8(1)(b)

European

Updated: 24 December 2021; Ref: scu.539356

Alstom Grid v Commission: ECFI 27 Nov 2014

ECJ Judgment – Competition – Agreements – power transformers market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – market-sharing agreement – Communication on the 2002 Cooperation – fine Immunity – Legitimate expectations – Obligation to state reasons

T-521/09, [2014] EUECJ T-521/09
Bailii

European

Updated: 24 December 2021; Ref: scu.539353

Alstom v Commission: ECFI 27 Nov 2014

Judgment – Competition – Agreements – power transformers market – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Effect on trade between Member States – Concept of undertaking – Liability for unlawful conduct – Presumption of the actual exercise of decisive influence of a parent company over the conduct of its subsidiary – Obligation to state reasons

T-517/09, [2014] EUECJ T-517/09, ECLI: EU: T: 2014 999
Bailii
EC 81, EEA Agreement 53

European

Updated: 24 December 2021; Ref: scu.539354

Hesse And Lutter and Partner v OHMI – Porsche (Carrera): ECFI 27 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Community trade mark Carrera – Community and national brands earlier word CARRERA – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Taking unfair advantage of the distinctive character or the repute of the earlier mark – Article 8, paragraph 5 of Regulation No 207/2009 – Partial substitution of a party to the dispute

T-173/11, [2014] EUECJ T-173/11, ECLI: EU: T: 2014 1001
Bailii

European, Intellectual Property

Updated: 24 December 2021; Ref: scu.539357

Alfastar Benelux v Council: ECFI 25 Nov 2014

ECJ Judgment – Public service contracts – Tender procedure – Technical maintenance and help desk and on-site intervention services for the personal computers, printers and peripherals of the General Secretariat of the Council – Rejection of a tenderer’s bid and award of contract to another tenderer – Decision taken following the annulment by the General Court of an earlier decision – Action for damages

T-394/12, [2014] EUECJ T-394/12, ECLI:EU:T:2014:992
Bailii

European

Updated: 24 December 2021; Ref: scu.539324

AZ v Commission (Judgment): ECFI 6 Oct 2021

State aid – Aid scheme implemented by Germany in favor of certain large electricity consumers – Exemption from network charges for the period 2012-2013 – Decision declaring the aid scheme incompatible with the market internal and illegal and ordering the recovery of the aid paid – Action for annulment – Time limit for bringing an action – Admissibility – Concept of aid – State resources – Selectivity – Equal treatment – Legitimate expectations

T-196/19, [2021] EUECJ T-196/19
Bailii
European

European

Updated: 24 December 2021; Ref: scu.668536

Siewert And Others v Condor Flugdienst GmbH: ECJ 14 Nov 2014

ECJ Order Of The Court – Preliminary reference – Rules of Procedure – Article 99 – Air transport – Regulation (EC) No 261/2004 – Long delay of flights – Right passengers for compensation – Conditions for exemption of air carrier of its obligation to Compensation – Concept of ‘extraordinary circumstances’ – Jet damaged by a boarding escalator during a previous flight ‘

T. von Danwitz, P
C-394/14, [2014] EUECJ C-394/14 – CO, ECLI: EU: C: 2014: 2377
Bailii
Regulation (EC) No 261/2004
European

European, Transport, Consumer

Updated: 23 December 2021; Ref: scu.539176

Simba Toys v Ohmi – Seven Towns (Forme D’Un Cube Avec Des Faces Ayant Une Structure En Grille): ECFI 25 Nov 2014

ECJ Judgment – Community trade mark – Invalidity proceedings – Three-dimensional Community trade mark – Cube with surfaces having a grid structure – Absolute grounds for refusal – First sentence of Article 76(1) of Regulation (EC) No 207/2009 – Absence of sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation No 40/94 (now Article 7(1)(e)(ii) of Regulation No 207/2009) – Absence of sign consisting exclusively of the shape which results from the nature of the goods themselves – Article 7(1)(e)(i) of Regulation No 40/94 (now Article 7(1)(e)(i) of Regulation No 207/2009) – Absence of sign consisting exclusively of the shape which gives substantial value to the goods – Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009) – Distinctive character – Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009) – Absence of descriptive character – Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) – Obligation to state reasons – First sentence of Article 75 of Regulation No 207/2009

S. Frimodt Nielsen, P
T-450/09, [2014] EUECJ T-450/09, ECLI:EU:T:2014:983, [2018] EUECJ T-450/09DEP
Bailii, Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539177

Verband Der Kolnisch-Wasser Hersteller, Koln v OHIM (Original Eau De Cologne): ECFI 25 Nov 2014

ECJ Judgment – Community trade mark – Application verbal Community collective mark Original Eau de Cologne – Absolute grounds for refusal – Article 7, paragraph 1, b), c) and d) of Regulation (EC) No 207/2009′

S. Papasavvas (Rapporteur), P
T-556/13, [2014] EUECJ T-556/13, ECLI: EU: T: 2014 984
Bailii

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539179

Unicredit v OHMI – Union Investment Privatfonds (Uniweb): ECFI 25 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Applications for Community word marks UNIWEB and UniCredit Wealth Management – Earlier national word marks and UNIFONDS UNIRAK and earlier national figurative mark UNIZINS – Relative ground for refusal – Likelihood of confusion – Series or family of brands – Risk association – Article 8, paragraph 1 b) of Regulation No 40/94 [now Article 8 paragraph 1 b) of Regulation No 207/2009] – Cancellation Requests and reformation formed by the intervener – Article 134, paragraph 3, of the Rules of Procedure

T-303/06, [2014] EUECJ T-303/06, ECLI: EU: T: 2014: 988
Bailii
Regulation No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539178

Herrenknecht v Hev-Sugar kft: ECJ 6 Nov 2014

ECJ Order Of The Court – Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Manifest inadmissibility – Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling

C Toader
C-366/14, [2014] EUECJ C-366/14 – CO, ECLI:EU:C:2014:2353
Bailii

European

Updated: 23 December 2021; Ref: scu.539172

Brouwerij Van Honsebrouck v OHMI – Beverage Trademark (Kasteel) (Judgment): ECFI 25 Nov 2014

ECJ Community trade mark – Opposition proceedings – International registration designating the European Community – Figurative mark KASTEEL – Earlier national word mark CASTEL BEER – Relative ground for refusal – Genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation ( EC) No 207/2009 – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009 – Article 76, paragraph 1 of Regulation No 207/2009

T-374/12, [2014] EUECJ T-374/12
Bailii

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539170

Brouwerij Van Honsebrouck v OHMI – Beverage Trademark (Kasteel): ECFI 25 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – International registration designating the European Community – Word mark KASTEEL – Earlier national word mark CASTEL BEER – Relative ground for refusal – Genuine use of the earlier mark – Article 42, paragraphs 2 and 3 of Regulation ( EC) No 207/2009 – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009 – Article 76, paragraph 1 of Regulation No 207/2009

H. Kanninen, P
T-375/12, [2014] EUECJ T-375/12, ECLI: EU: T: 2014 987
Bailii
Regulation No 207/2009

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539171

Royalton Overseas v OHMI – SC Romarose Invest (Kaiserhoff): ECFI 25 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community figurative mark KAISERHOFF – Earlier national word mark KAISERHOFF – Suspension of the administrative proceedings – Rules 20 and 50 of Regulation (EC) No 2868/95 – ‘Examination of the facts by the Office of its own motion’ – Article 76(1) of Regulation (EC) No 207/2009

S. Papasavvas, P
T-556/12, [2014] EUECJ T-556/12, ECLI:EU:T:2014:985
Bailii
Regulation (EC) No 207/2009, Regulation (EC) No 2868/95

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.539174

Ahmed (Amos; Zambrano; Reg 15A, (C) 2006 EEA Regs) Pakistan (Rev 1): UTIAC 28 Feb 2013

UTIAC 1. The spouse of an EEA national/Union citizen does not acquire a retained right of residence upon divorce unless the EEA national was in the United Kingdom and exercising Treaty rights at the date of the lawful termination of the marriage: Amos [2011] EWCA Civ 552 followed.
2. The principles established by the Court of Justice in Zambrano Case C-34-/09 [2011] ECR 1-0000 and subsequent cases dealing with Article 20 of the Treaty on the Functioning of the European Union (TFEU) have potential application even where the EEA national/Union citizen child of a third-country national is not a national of the host Member State: the test in all cases is whether the adverse decision would require the child to leave the territory of the Union.
3. Notwithstanding inability to satisfy new regulation 15A(3)(c) of the Immigration (European Economic Area) Regulations 2006 as amended with effect from 16 July 2012, the parent of a child of an EEA national who has been employed in the UK when the child was also residing here can have a derived right of residence under Article 12 of Regulation 1612/68 (now Article 10 of Regulation No 492/2011) even though the EEA national parent is no longer a worker in the UK at the time the child commences education: see Case C-480/08 Teixiera [2010] EUECJ, 23 February 2010.

Lang J, Storey UTJ
[2013] UKUT 89 (IAC)
Bailii
Immigration (European Economic Area) Regulations 2006
England and Wales
Citing:
Cited – Ruiz Zambrano (European Citizenship) ECJ 30-Sep-2010
ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – . .

Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 23 December 2021; Ref: scu.472137

TA Gwillim and Sons, Regina (on The Application of) v The Welsh Ministers: CA 6 Oct 2010

Neuberger MR, Pill, Richards LJJ
[2010] EWCA Civ 1048, [2011] 1 WLR 966, [2010] NPC 97
Bailii
Council Regulation (EC) No 1782/2003
England and Wales
Citing:
Appeal from – T A Gwillim and Sons, Regina (on The Application of) v The Welsh Ministers Admn 19-Nov-2009
The claimants challenged refusal of the award of a single farm payment for their suggested failure to meet the hardhip requirement. . .

Lists of cited by and citing cases may be incomplete.

Agriculture, European

Updated: 23 December 2021; Ref: scu.424935

Rohm Semiconductor GmbH v Hauptzollamt Krefeld: ECJ 20 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Customs union – Tariff classification – Common Customs Tariff – Combined Nomenclature – Headings 8541 and 8543 – Modules for short-range data transmission and reception – Subheadings 8543 89 95 and 8543 90 80 – Definition of parts of electrical machinery and apparatus

C. Toader (Rapporteur), acting as P
C-666/13, [2014] EUECJ C-666/13, ECLI:EU:C:2014:2388
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538962

EH v Commission: ECJ 19 Nov 2014

ECJ Judgment – Public service – Officials – Remuneration – Family allowances – Rule against overlapping national and statutory allocations – Perception by the spouse of an official national family allowances – No official statement of change in his personal circumstances in his administration – Disciplinary proceedings – Disciplinary action – Lowering level – Proportionality – Statement of reasons – Mitigating circumstances – Lack of diligence of the administration

F-42/14, [2014] EUECJ F-42/14, ECLI: EU: F: 2014: 250
Bailii
European

European

Updated: 23 December 2021; Ref: scu.538955

De Nicola v EIB: ECJ 18 Nov 2014

ECJ Judgment – Public service – Referral to the Court after annulment – Staff EIB – Annual assessment – Internal Regulations – Appeals procedure – Right to be heard – Failure by the Appeals Committee – Illegality of the decision of the Appeals Committee – Prejudice – No need to approve the claims for compensation

F-59/09, [2014] EUECJ F-59/09
Bailii

European

Updated: 23 December 2021; Ref: scu.538954

Out Of The Blue v OHMI – Dubois And Autre (Funny Bands): ECFI 19 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark FUNNY BANDS – Earlier national trade name FUNNY BANDS – Earlier national Internet domain name ‘www.funny-bands.com’ – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 – Use of a sign in the course of trade of more than mere local significance – Article 76(2) of Regulation No 207/2009 – Rejection of the opposition

A. Dittrich (Rapporteur), P
T-344/13, [2014] EUECJ T-344/13, ECLI:EU:T:2014:974
Bailii
Regulation (EC) No 207/2009 76(2)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538961

Intra-Presse v OHIM: ECJ 20 Nov 2014

ECJ Judgment – Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Article 8(5) – Word mark GOLDEN BALLS – Opposition by the proprietor of the earlier Community word mark BALLON D’OR – Relevant public – Similarity of the signs – Likelihood of confusion

C. Toader, Acting P
C-581/13, [2014] EUECJ C-581/13, ECLI:EU:C:2014:2387
Bailii
Regulation (EC) No 40/94 8(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538958

Direction generale des douanes et droits indirects v Utopia: ECJ 20 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Customs union and Common Customs Tariff – Importation free of customs duties – Animals specially prepared for laboratory use – Public establishment or an authorised private establishment – Importer whose customers are such establishments – Packing materials or packing containers – Cages used for transportation of animals

A. O Caoimh, P
C-40/14, [2014] EUECJ C-40/14, ECLI:EU:C:2014:2389
Bailii

European, Customs and Excise

Updated: 23 December 2021; Ref: scu.538963

Ntouvas v European Centre for Disease Prevention and Control (ECDC)c: ECFI 19 Nov 2014

ECJ Judgment – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), third indent – Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service – Refusal of access – Obligation to state reasons – Obligation to undertake a concrete, individual examination – Overriding public interest

A. Dittrich, P
T-223/12, [2014] EUECJ T-223/12, ECLI:EU:T:2014:975
Bailii
Regulation (EC) No 1049/2001 4(2)

European

Updated: 23 December 2021; Ref: scu.538960

McCoy v Comittee of The Regions: ECJ 18 Nov 2014

ECJ Judgment – Public service – Officials – Action for damages – offending behavior – harassment from superiors – Occupational disease – Allowance granted under Article 73 of the Statute does not allow for all the damage suffered – Request for additional compensation

F-156/12, [2014] EUECJ F-156/12
Bailii

European

Updated: 23 December 2021; Ref: scu.538959

Evonik Oil Additives v OHMI – BRB International (Viscotech): ECFI 19 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Viscotech – national and international word marks earlier VISCOPLEX – Proof of the territorial scope and validity of an earlier international brand – Rule 19, paragraph 2, and Rule 20 paragraph 1 of Regulation (EC) No 2868/95 – Relative ground for refusal – No likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

Frimodt S. Nielsen, P
T-138/13, [2014] EUECJ T-138/13, ECLI: EU: T: 2014 973
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538957

European Dynamics Luxembourg And Evropaikii Dynamiki v Europol: ECFI 19 Nov 2014

ECJ Judgment – Public service contracts – Tender procedure – Provision of IT services related to document management system and a corporate Intranet portal – Rejection of a tender – Obligation to state reasons – Equal treatment – Transparency – Proportionality – Non-contractual liability

T-40/12, [2014] EUECJ T-40/12, ECLI: EU: T: 2014 972
Bailii
European

European

Updated: 23 December 2021; Ref: scu.538956

Think Schuhwerk v OHMI – Muller (Voodoo): ECFI 18 Nov 2014

ECJ Judgment – Community trade mark – Invalidity proceedings – Community word mark VOODOO – Absolute grounds for refusal – Lack of distinctive character – Distinctive character – Article 7, paragraph 1, b) and c) of Regulation (EC) No 207/2009 – Bad Faith – Article 52, paragraph 1 b) of Regulation No 207/2009

H. Kanninen (Rapporteur), P
T-50/13, [2014] EUECJ T-50/13
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538887

Conrad Electronic v OHIM – British Sky Broadcasting Group And Sky Ip International (Eurosky): ECFI 18 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark EuroSky – Earlier Community word mark SKY – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

H. Kanninen, P
T-510/12, [2014] EUECJ T-510/12, ECLI: EU: T: 2014 966
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538882

Lumene v OHIM (The Youth Experts): ECFI 18 Nov 2014

ECJ Judgment – Community trade mark – Application for Community word mark THE YOUTH EXPERTS – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – Extent of the examination to be carried out by the Board of Appeal – Examination as to the merits conditional on the admissibility of the action – First sentence of Article 59 of Regulation No 207/2009

S. Papasavvas, P
T-484/13, [2014] EUECJ T-484/13, ECLI:EU:T:2014:963
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538883

Photo USA Electronic Graphic v Council: ECFI 18 Nov 2014

ECJ Judgment – Dumping – Imports of ceramic tableware and kitchenware originating in the People’s Republic of China – Definitive anti-dumping duty – Definition of the product concerned

S. Papasavvas (Rapporteur), P
T-394/13, [2014] EUECJ T-394/13, ECLI:EU:T:2014:964
Bailii

European, Commercial

Updated: 23 December 2021; Ref: scu.538884

Reindl v Bezirkshauptmannschaft Innsbruck: ECJ 13 Nov 2014

ECJ Judgment – Reference for a preliminary ruling – Approximation of laws on animal health – Regulation (EC) No 2073/2005 – Annex I – Microbiological criteria applicable to foodstuffs – Salmonella in fresh poultry meat – Failure to comply with microbiological criteria found at the distribution stage – National legislation imposing a penalty on a food business operator active only at the stage of retail sale – Compatibility with EU law – Effective, dissuasive and proportionate nature of the penalty

L. Bay Larsen (Rapporteur), P
C-443/13, [2014] EUECJ C-443/13, ECLI:EU:C:2014:2370,
Bailii
Regulation (EC) No 2073/2005

European

Updated: 23 December 2021; Ref: scu.538885

Repsol v OHMI – Argiles (Electrolinera): ECFI 18 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark Electrolinera – Earlier national word mark Electrolinera – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207 / 2009

S. Papasavvas, P
T-308/13, [2014] EUECJ T-308/13
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538886

Kaddour v Council: ECFI 13 Nov 2014

ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’

M. van der Woude, P
T-654/11, [2014] EUECJ T-654/11, ECLI: EU: T: 2014: 947
Bailii

European

Updated: 23 December 2021; Ref: scu.538761

Hristov v Commission and EMA: ECJ 13 Nov 2014

ECJ Judgment – Public Service – Selection procedure and appointment of the executive director of a regulatory agency – European Medicines Agency (EMA) – Selection process in two phases – Screening within the Commission – Appointment by the Board of Directors EMA – Obligation for the board of directors of the EMA to select the Executive Director from the candidates by the Commission – Action for annulment – Composition of the selection committee – Accumulated duties as member of selection committee and member Board EMA – Candidates Board of Directors of the EMA on the list of candidates selected by the Commission – Appointment of a candidate member of the board of the EMA – Duty of impartiality – Breach – Cancellation – Action for damages – detachable moral shame of illegality based cancellation – Evidence – Absence

F-2/12, [2014] EUECJ F-2/12, ECLI: EU: F: 2014 245
Bailii

European

Updated: 23 December 2021; Ref: scu.538759

Jaber v Council: ECFI 13 Nov 2014

ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’

T-653/11, [2014] EUECJ T-653/11, ECLI: EU: T: 2014: 948
Bailii

European

Updated: 23 December 2021; Ref: scu.538760

Hamcho And Hamcho International v Council: ECFI 13 Nov 2014

ECJ Judgment – Foreign policy and security policy – Restrictive measures against Syria – Freezing of funds – Action for annulment – Time for appealing – Partial inadmissibility – Interest in bringing proceedings – Burden of proof – Modulation over time effects ‘cancellation’

T-43/12, [2014] EUECJ T-43/12
Bailii

European

Updated: 23 December 2021; Ref: scu.538758

Wheeler v The Office of The Prime Minister The Secretary of State for The Home Department: Admn 14 Nov 2014

Application for permission to bring a claim for judicial review of a proposed decision by Her Majesty’s Government to give notice pursuant to Article 10(5) of Protocol 36 to the Treaty on the Functioning of the European Union (‘The TFEU’) that the United Kingdom wishes to participate in the Council Framework Decision on the European Arrest Warrant (‘EAW’).

Sir Brian Leveson P QBD, Jay, Lewis JJ
[2014] EWHC 3815 (Admin)
Bailii

Extradition, European

Updated: 23 December 2021; Ref: scu.538783

Spain v Commission: ECFI 13 Nov 2014

ECJ Judgment – Agriculture – Common organization of the markets – Sector fruits and vegetables – Citrus – Action for annulment – Confirmatory act – substantial new facts – Admissibility – Conditions marketing – Provisions concerning marking – Indications preservatives or other chemicals used in post-harvest treatment – Recommendations on standards adopted within the framework of the United Nations Economic Commission for Europe

Gratsias MD (Rapporteur), P
T-481/11, [2014] EUECJ T-481/11
Bailii

European, Agriculture

Updated: 23 December 2021; Ref: scu.538766

Natura Selection v OHMI – AFOI Anezoulaki (Natur): ECFI 13 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community word mark natur – Earlier application for the figurative mark natura – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

M. van der Woude, P
T-549/10, [2014] EUECJ T-549/10, ECLI:EU:T:2014:949
Bailii
Regulation (EC) No 207/2009 8(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538765

De Loecker v EEAS: ECJ 13 Nov 2014

ECJ Judgment – Civil service – Staff of the EEAS – Temporary staff – Head of Delegation in a third country – Early Termination of appointment of Head of Delegation – Transfer to the EEAS headquarters – Rights of the defense – Interests of the service – Motivation

F-78/13, [2014] EUECJ F-78/13, ECLI: EU: F: 2014: 246
Bailii

European

Updated: 23 December 2021; Ref: scu.538757

Vans v OHIM (Representation D’Une Ligne Ondulee): ECFI 6 Nov 2014

ECFI Judgment (Extracts) – Community trade mark – Application for the Community figurative mark representing a wavy line – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – No distinctive character acquired through use – Article 7(3) of Regulation No 207/2009 – Article 76 of Regulation No 207/2009 – Article 75 of Regulation No 207/2009

T-53/13, [2014] EUECJ T-53/13, ECLI:EU:T:2014:932
Bailii
Regulation (EC) No 207/2009 7(1)(b)

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538477

URB Rulmenti Suceava v OHMI – Adiguzel (URB): ECFI 7 Nov 2014

ECFI Judgment – Community trade mark – Invalidity proceedings – Community word mark URB – Earlier national collective word mark URB and earlier national collective figurative mark URB – Absolute ground for refusal – No bad faith on the part of the proprietor of the Community trade mark – Article 52(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No authorisation by the proprietor of the earlier marks – Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 – No breach of Article 72 of Regulation No 207/2009

T-506/13, [2014] EUECJ T-506/13
Bailii
Regulation No 207/2009 8(1)(b) 53(a)(a) 72

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538476

Banco Santander And Santusa v Commission: ECFI 7 Nov 2014

ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid – Selective nature – None – – Disregard of Article 107, paragraph 1 Identification of a favored companies by measuring category TFEU

T-399/11, [2014] EUECJ T-399/11, ECLI: EU: T: 2014: 938
Bailii

European, Corporation Tax

Updated: 23 December 2021; Ref: scu.538464

Autogrill Espana v Commission: ECFI 7 Nov 2014

ECJ Judgment – State aid – Provisions relating to corporation tax for companies tax resident in Spain to amortize the goodwill resulting from equity investments in companies tax resident abroad – Decision calling this help to plan State declaring the aid incompatible with the common market and ordering its recovery – Concept of State aid – Selective nature – None – – Disregard of Article 87, paragraph 1 Identification of a favored companies by measuring category EC

T-219/10, [2014] EUECJ T-219/10, ECLI: EU: T: 2014 939
Bailii

European

Updated: 23 December 2021; Ref: scu.538463

Popp And Zech v OHMI – Muller-Bore and Partner (MB): ECFI 6 Nov 2014

ECJ Judgment – Community trade mark – Opposition proceedings – Application for Community word mark MB – Earlier Community figurative mark MB and P – Genuine use of the earlier mark – Article 42, paragraph 2, and Article 15, paragraph 1 of Regulation (EC) No 207 / 2009 – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation No 207/2009

T-463/12, [2014] EUECJ T-463/12, ECLI: EU: T: 2014 935
Bailii

European, Intellectual Property

Updated: 23 December 2021; Ref: scu.538475