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Holcim Romania SA represented by: Other party to the proceedings: European Commission represented by: Appeal - State aid - Spanish scheme of early depreciation of certain assets acquired through financial leasing - Decision finding no State aid - Formal investigation procedure not initiated - Insufficient and incomplete examination - Obligation to state reasons - Selectivity.

Netherlands Maritime Technology Association represented by: Struckmann, Rechtsanwalt, and G. Sampol Pucurull, acting as Agent. Orders the Netherlands Maritime Technology Association to bear its own costs and to pay those incurred by the European Commission;.

Appeal - Common foreign and security policy CFSP - Restrictive measures against the Syrian Arab Republic - Measures directed against persons and entities benefiting from or supporting the regime - Proof that inclusion on the lists is well founded - Set of indicia - Distortion of the sense of the evidence.

Tarif Akhras represented by: Wyatt QC, and R. Bishop, acting as Agents , European Commission represented by: Havas, acting as Agents.

Appeal - Restrictive measures taken against the Islamic Republic of Iran - List of persons and entities subject to the freezing of funds and economic resources - Criterion relating to the provision of material, logistical or financial support to the Government of Iran - Financial services of a central bank.

Central Bank of Iran represented by: The executing judicial authority must postpone its decision on the surrender of the individual concerned until it obtains the supplementary information that allows it to discount the existence of such a risk.

If the existence of that risk cannot be discounted within a reasonable time, the executing judicial authority must decide whether the surrender procedure should be brought to an end.

Continental Reifen Deutschland GmbH represented by: Pleas in law and main arguments. The appeal is based on an infringement of Union law by the General Court in so far as the General Court in its judgment of 8.

Furthermore, the General Court failed to provide reasons as to why certain aspects of the signs in dispute, e. Appellant on a point of law: Polbud — Wykonawstwo sp.

If the answer to that question is in the negative: Is a free educational establishment which provides subsidised tuition to a consumer to be regarded, in respect of the contract for the provision of that tuition in return for payment of a registration fee, increased, as it may be, by amounts for the reimbursement of costs incurred by the educational establishment, as an undertaking within the meaning of EU law?

Ljiljana Kammerer, Frank Kammerer. Le Roquais and S. Grounds of appeal and main arguments. Furthermore, the appellant complains that the method of determining the refund rate is not subject to judicial review and that the statement of reasons in the judgment under appeal as regards the gradual lowering of the refund rates is self-contradictory.

According to this plea, the Court also committed a manifest error of assessment in considering, inter alia, that the price difference with regard to Brazilian poultry did not necessitate the introduction of export refunds to ensure equilibrium in the EU poultry meat market and the natural development of prices and trade on that market.

Lastly, the Court acknowledged that the Commission had erred in submitting before it arguments different from those submitted before the management committee.

Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. If the second question is answered in the affirmative: Is the situation in the present case merely one in which a competing undertaking succeeds another following the award of a service provision contract to the successful undertaking in a public call for tenders, and as such is excluded from the notion of a transfer of an undertaking or business for the purposes of that directive?

European Commission, Federal Republic of Germany. First of all, the appellant complains of procedural errors. In that context, the General Court also disregarded the fact that undertakings in difficulties and healthy ones, with regard to the relevant purpose of the rule on the limitation of losses, that is, to exclude the risk of misuse of losses, are not in a factual and legal comparable situation.

The appellant maintains that that clause is not intended to support undertakings in difficulties, but to ensure taxation of such undertakings according to the principle of ability to pay as an intrinsic objective of German tax law.

Federal Republic of Germany represented by: Dimosia Epicheirisi Ilektrismou A. The appellant submits that the order under appeal is vitiated by material errors of law and must be set aside on the following grounds:.

Guido Strack Cologne, Germany represented by: European Commission represented initially by P. Costa de Oliveira and B.

Eggers, and subsequently by B. Baquero Cruz, acting as Agents. Theologou, subsequently by I. Ampazis, and lastly by M. Paolacci, and subsequently by M.

Bambara, acting as Agents, assisted by P. Orders EUIPO to compensate European Dynamics Luxembourg for the damage incurred as a result of the loss of opportunity to be awarded the framework contract as, at the very least, the third contractor in the cascade procedure;.

Orders the parties to inform the Court, within three months from the date of delivery of the present judgment, of the amount, in figures, of compensation arrived at by agreement;.

Orders that, in the absence of agreement, the parties shall forward to the Court, within the same period, a statement of their views with supporting figures;.

Non-contractual liability - Fisheries - Conservation of fisheries resources - Reconstitution of stocks of bluefin tuna - Emergency measures prohibiting fishing by purse seiners - Sufficiently serious infringement of a rule of law conferring rights on individuals.

Nardi, acting as Agents. Arbitration clause - Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities - Perform and Oasis projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest.

Arenas, acting as Agents, and by O. Arbitration clause - Subsidy contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities - Persona and Terregov projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest.

Pohlmann and subsequently S. Hanne, acting as Agents. KG Holzminden, Germany represented by: Vollrath, acting as Agents. European Union Intellectual Property Office represented by: Walicka, acting as Agent.

Andreas Henniger Starnberg, Germany represented by: Compagnie Gervais Danone Paris, France represented by: Rajh, acting as Agent. Mahou, SA Barcelona, Spain represented by: Crespo Carrillo, acting as Agent, assisted by B.

Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Support to the Government of Iran - Research and technology development in military or military-related fields - Rights of the defence - Right to effective judicial protection - Error of law and error of assessment - Right to property - Proportionality - Misuse of powers - Claim for damages.

Sharif University of Technology Tehran, Iran represented by: Orders Sharif University of Technology to bear its own costs and to pay those incurred by the Council of the European Union.

Walicka, acting as Agents. Action for annulment - Seventh framework programme for research and technological development including demonstration activities - MARE, Senior and ECRN projects - Recovery of a share of the financial contribution paid - Enforcement decision - Nature of the pleas relied on - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law.

Di Paolo and F. Moro, acting as Agents, assisted by D. Operative part of the order. Other party to the proceedings before the Board of Appeal: Applicants of the trade mark at issue: Trade mark at issue: Applicant of the trade mark at issue: First plea in law: However, based on the possibility — which is withheld from national representatives — of accompaniment by vetted political group staff when accessing TTIP documents, such grounds do not exist.

In addition, there is also no justification for access to TTIP documents, as on display in the reading rooms, not being possible for Union citizens.

Second plea in law: With a proper evaluation against those award criteria, the proposal should have been selected for EU co-funding. Wilmington, Delaware, United States represented by: This meant, in particular, that an investigation of circumvention was required to be initiated and carried out effectively for the exports at issue.

In particular, the ascertained values of trade statistics showed inconsistencies. It could not be inferred from the values that there had been transhipment through Taiwan.

There is also no significant change in the pattern of trade in relation to Taiwan, since the increase of exports from Taiwan was only slight.

Even if there was a change in the pattern of trade relating to Taiwan and Switzerland, quod non, the Commission did not, however, establish that such a change was not justified.

Error of discretion by the Commission in adopting the contested regulations, on the ground of the lack of an option of exemption for the applicant by means of an undertaking invoice.

Whereas EU undertakings were, by means of an undertaking invoice, able to import goods exempt from the measures, this was not possible for the applicant.

The wording of the undertaking is not tailored to undertakings from third countries which use cells from Malaysia or Taiwan. Other parties to the proceedings before the Board of Appeal: Other parties to the proceedings before the Board of Appeal.

Metronia, SA Madrid, Spain represented by: Centro Clinico e Diagnostico G. Under Italian law, businesses are not required to maintain administrative and accounting records for more than 10 years.

Proprietor of the design at issue: Terlan, Italy represented by: Details of the proceedings before the CPVO. Community plant variety right at issue: Policolor SA Bucharest, Romania represented by: Subject-matter and description of the proceedings.

The President of the First Chamber has ordered that the case be removed from the register. This site uses cookies to improve your browsing experience.

Would you like to keep them? Skip to main content. This document is an excerpt from the EUR-Lex website.

EU case law Case law Digital reports Directory of case law. Need more search options? Use the Advanced search. Help Print this page.

Expand all Collapse all. Languages and formats available. Bishop, acting as Agents Other parties to the proceedings: Konstantinidis, acting as Agents Intervener in support of the appellant: Lee, Barrister Operative part of the judgment The Court: Dismisses the appeal; 2.

Would you like to keep them? Skip to main content. This document is an excerpt from the EUR-Lex website. EU case law Case law Digital reports Directory of case law.

Need more search options? Use the Advanced search. Help Print this page. Expand all Collapse all. Languages and formats available. Language of the case Language.

Language 1 English en French fr. Language 2 Please choose English en French fr. Language 3 Please choose English en French fr. Saukalas, advokatas, appellant, the other parties to the proceedings being: Rodin, Judges, Advocate General: On those grounds, the Court Sixth Chamber hereby orders: The appeal is dismissed.

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Palmieri, acting as Agent, and by A. Collabolletta, avvocato dello Stato. Wiame, avocats , European Commission represented by J. Such is the case, in particular, where the capacities that a third party entity has, which are necessary for the performance of that contract, cannot be transferred to the candidate or the tenderer, so that the latter may rely on those capacities only if that third party entity directly and personally participates in the performance of that contract.

Estate of Karsten Eigil Rasmussen. Neither the principles of legal certainty and the protection of legitimate expectations nor the fact that it is possible for the private person who considers that he has been wronged by the application of a provision of national law that is at odds with EU law to bring proceedings to establish the liability of the Member State concerned for breach of EU law can alter that obligation.

Party to the main proceedings. Pubblico Ministero presso il Tribunale di Udine. Holcim Romania SA represented by: Other party to the proceedings: European Commission represented by: Appeal - State aid - Spanish scheme of early depreciation of certain assets acquired through financial leasing - Decision finding no State aid - Formal investigation procedure not initiated - Insufficient and incomplete examination - Obligation to state reasons - Selectivity.

Netherlands Maritime Technology Association represented by: Struckmann, Rechtsanwalt, and G. Sampol Pucurull, acting as Agent.

Orders the Netherlands Maritime Technology Association to bear its own costs and to pay those incurred by the European Commission;.

Appeal - Common foreign and security policy CFSP - Restrictive measures against the Syrian Arab Republic - Measures directed against persons and entities benefiting from or supporting the regime - Proof that inclusion on the lists is well founded - Set of indicia - Distortion of the sense of the evidence.

Tarif Akhras represented by: Wyatt QC, and R. Bishop, acting as Agents , European Commission represented by: Havas, acting as Agents.

Appeal - Restrictive measures taken against the Islamic Republic of Iran - List of persons and entities subject to the freezing of funds and economic resources - Criterion relating to the provision of material, logistical or financial support to the Government of Iran - Financial services of a central bank.

Central Bank of Iran represented by: The executing judicial authority must postpone its decision on the surrender of the individual concerned until it obtains the supplementary information that allows it to discount the existence of such a risk.

If the existence of that risk cannot be discounted within a reasonable time, the executing judicial authority must decide whether the surrender procedure should be brought to an end.

Continental Reifen Deutschland GmbH represented by: Pleas in law and main arguments. The appeal is based on an infringement of Union law by the General Court in so far as the General Court in its judgment of 8.

Furthermore, the General Court failed to provide reasons as to why certain aspects of the signs in dispute, e. Appellant on a point of law: Polbud — Wykonawstwo sp.

If the answer to that question is in the negative: Is a free educational establishment which provides subsidised tuition to a consumer to be regarded, in respect of the contract for the provision of that tuition in return for payment of a registration fee, increased, as it may be, by amounts for the reimbursement of costs incurred by the educational establishment, as an undertaking within the meaning of EU law?

Ljiljana Kammerer, Frank Kammerer. Le Roquais and S. Grounds of appeal and main arguments. Furthermore, the appellant complains that the method of determining the refund rate is not subject to judicial review and that the statement of reasons in the judgment under appeal as regards the gradual lowering of the refund rates is self-contradictory.

According to this plea, the Court also committed a manifest error of assessment in considering, inter alia, that the price difference with regard to Brazilian poultry did not necessitate the introduction of export refunds to ensure equilibrium in the EU poultry meat market and the natural development of prices and trade on that market.

Lastly, the Court acknowledged that the Commission had erred in submitting before it arguments different from those submitted before the management committee.

Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. If the second question is answered in the affirmative: Is the situation in the present case merely one in which a competing undertaking succeeds another following the award of a service provision contract to the successful undertaking in a public call for tenders, and as such is excluded from the notion of a transfer of an undertaking or business for the purposes of that directive?

European Commission, Federal Republic of Germany. First of all, the appellant complains of procedural errors.

In that context, the General Court also disregarded the fact that undertakings in difficulties and healthy ones, with regard to the relevant purpose of the rule on the limitation of losses, that is, to exclude the risk of misuse of losses, are not in a factual and legal comparable situation.

The appellant maintains that that clause is not intended to support undertakings in difficulties, but to ensure taxation of such undertakings according to the principle of ability to pay as an intrinsic objective of German tax law.

Federal Republic of Germany represented by: Dimosia Epicheirisi Ilektrismou A. The appellant submits that the order under appeal is vitiated by material errors of law and must be set aside on the following grounds:.

Guido Strack Cologne, Germany represented by: European Commission represented initially by P. Costa de Oliveira and B. Eggers, and subsequently by B.

Baquero Cruz, acting as Agents. Theologou, subsequently by I. Ampazis, and lastly by M. Paolacci, and subsequently by M. Bambara, acting as Agents, assisted by P.

Orders EUIPO to compensate European Dynamics Luxembourg for the damage incurred as a result of the loss of opportunity to be awarded the framework contract as, at the very least, the third contractor in the cascade procedure;.

Orders the parties to inform the Court, within three months from the date of delivery of the present judgment, of the amount, in figures, of compensation arrived at by agreement;.

Orders that, in the absence of agreement, the parties shall forward to the Court, within the same period, a statement of their views with supporting figures;.

Non-contractual liability - Fisheries - Conservation of fisheries resources - Reconstitution of stocks of bluefin tuna - Emergency measures prohibiting fishing by purse seiners - Sufficiently serious infringement of a rule of law conferring rights on individuals.

Nardi, acting as Agents. Arbitration clause - Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities - Perform and Oasis projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest.

Arenas, acting as Agents, and by O. Arbitration clause - Subsidy contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities - Persona and Terregov projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest.

Pohlmann and subsequently S. Hanne, acting as Agents. KG Holzminden, Germany represented by: Vollrath, acting as Agents. European Union Intellectual Property Office represented by: Walicka, acting as Agent.

Andreas Henniger Starnberg, Germany represented by: Compagnie Gervais Danone Paris, France represented by: Rajh, acting as Agent. Mahou, SA Barcelona, Spain represented by: Crespo Carrillo, acting as Agent, assisted by B.

Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Support to the Government of Iran - Research and technology development in military or military-related fields - Rights of the defence - Right to effective judicial protection - Error of law and error of assessment - Right to property - Proportionality - Misuse of powers - Claim for damages.

Sharif University of Technology Tehran, Iran represented by: Orders Sharif University of Technology to bear its own costs and to pay those incurred by the Council of the European Union.

Walicka, acting as Agents. Action for annulment - Seventh framework programme for research and technological development including demonstration activities - MARE, Senior and ECRN projects - Recovery of a share of the financial contribution paid - Enforcement decision - Nature of the pleas relied on - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law.

Di Paolo and F. Moro, acting as Agents, assisted by D. Operative part of the order. Other party to the proceedings before the Board of Appeal: Applicants of the trade mark at issue: Trade mark at issue: Applicant of the trade mark at issue: First plea in law: However, based on the possibility — which is withheld from national representatives — of accompaniment by vetted political group staff when accessing TTIP documents, such grounds do not exist.

In addition, there is also no justification for access to TTIP documents, as on display in the reading rooms, not being possible for Union citizens.

Second plea in law: With a proper evaluation against those award criteria, the proposal should have been selected for EU co-funding. Wilmington, Delaware, United States represented by: This meant, in particular, that an investigation of circumvention was required to be initiated and carried out effectively for the exports at issue.

In particular, the ascertained values of trade statistics showed inconsistencies. It could not be inferred from the values that there had been transhipment through Taiwan.

There is also no significant change in the pattern of trade in relation to Taiwan, since the increase of exports from Taiwan was only slight.

Even if there was a change in the pattern of trade relating to Taiwan and Switzerland, quod non, the Commission did not, however, establish that such a change was not justified.

Error of discretion by the Commission in adopting the contested regulations, on the ground of the lack of an option of exemption for the applicant by means of an undertaking invoice.

Whereas EU undertakings were, by means of an undertaking invoice, able to import goods exempt from the measures, this was not possible for the applicant.

The wording of the undertaking is not tailored to undertakings from third countries which use cells from Malaysia or Taiwan.

Other parties to the proceedings before the Board of Appeal: Other parties to the proceedings before the Board of Appeal. Metronia, SA Madrid, Spain represented by: Centro Clinico e Diagnostico G.

Under Italian law, businesses are not required to maintain administrative and accounting records for more than 10 years. Proprietor of the design at issue: Terlan, Italy represented by: Details of the proceedings before the CPVO.

Community plant variety right at issue: Policolor SA Bucharest, Romania represented by: Subject-matter and description of the proceedings.

The President of the First Chamber has ordered that the case be removed from the register. This site uses cookies to improve your browsing experience.

Would you like to keep them? Skip to main content. This document is an excerpt from the EUR-Lex website. EU case law Case law Digital reports Directory of case law.

Need more search options? Skip to main content. This document is an excerpt from the EUR-Lex website.

EU case law Case law Digital reports Directory of case law. Need more search options? Use the Advanced search.

Help Print this page. Expand all Collapse all. Languages and formats available. Language of the case Language.

Language 1 English en French fr. Language 2 Please choose English en French fr. Language 3 Please choose English en French fr. Saukalas, advokatas, appellant, the other parties to the proceedings being: Rodin, Judges, Advocate General: On those grounds, the Court Sixth Chamber hereby orders: The appeal is dismissed.

Franmax UAB shall bear its own costs.

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