ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 313/24

Judgment of the Court of First Instance of 9 October 2008 — Di Bucci v Commission

(Case T-312/04) (1)

(Action for annulment - Action for damages - Staff case - Promotion - Award of priority points)

(2008/C 313/43)

Language of the case: French

Parties

Applicant: Vittorio Di Bucci (Brussels, Belgium) (represented by: M. van der Woude and V. Landes and, subsequently, by M. van der Woude, lawyers)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subsequently, by V. Joris and G. Berscheid, Agents, and D. Wealbroeck, lawyer)

Re:

An action for annulment of:

— the decision of the Director General of the Legal Service of the Commission to award the applicant only one Directorate-General priority point for the 2003 promotion procedure, communicated on 2 July 2003, confirmed by a decision of the appointing authority notified on 16 December 2003;

— the decision of the appointing authority not to award the applicant any special priority points for additional activity in the interests of the institution for the 2003 promotion procedure, notified through the Sysper 2 system on 16 December 2003;

— the following decisions: the decision of the appointing authority to award the applicant a total of 20 points for the 2003 promotion procedure; the merit list of officials in grade A 5 for the 2003 promotion procedure published in Administrative Notices No 69-2003 of 13 November 2003; the list of officials promoted to grade A 4 for the 2003 promotion procedure and published in Administrative Notices No 73-2003 of 27 November 2003 and, in any event, the decision not to include the applicant's name on those lists.

— in so far as it is necessary, the decision of the appointing authority of 15 June 2004 rejecting the complaint brought on 12 February 2004 by the applicant;

— the decision of 11 April 2007, notified on 16 April 2003, by which the appointing authority decided to award the applicant one additional priority point for the 2003 promotion procedure, yielding a total of 2 priority points, and a total number of 21 points;

and for a declaration of the nullity of all decisions taken in the course of the 2003 promotion procedure contested in the present action and not replaced in 2007 and, in particular, the merit list of officials in grade A 5 for the 2003 promotion procedure, published in Administrative Notices No 69-2003 of 13 November 2003 and the list of officials promoted to grade A 4 for the 2003 promotion procedure, published in Administrative Notices No 73-2003 of 27 November 2003, and compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Commission fixing the total promotion points for the applicant at 21 points and refusing to include his name on the list of officials promoted to grade A 4 for the 2003 promotion procedure;

2. Dismisses the action as to the remainder;

3. Orders the Commission to pay the costs.

(1) OJ C 262, 23.10.2004.
EN Official Journal of the European Union C 319/11

Judgment of the General Court of (Second Chamber) of 20 September 2011 — Arch Chemicals and Others v Commission

(Joined Cases T-75/04 and T-77/04 to T-79/04) (1)

(Actions for annulment - Health policy - Placing on the market of biocidal products - Regulation (EC) No 2032/2003 - Not individually concerned - Inadmissibility)

2011/C 319/19

Language of the case: English

Parties

Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States) and Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom) (Case T-75/04); Rhodia UK Ltd, formerly Rhodia Consumer Specialties Ltd (Watford, Hertfordshire, United Kingdom) (Case T-77/04); Sumitomo Chemical (UK) plc (London, United Kingdom) (Case T-78/04); Troy Chemical Co. BV (Vlaardingen, Netherlands) (Case T-79/04); (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented: initially by X. Lewis and F. Simonetti, and subsequently by P. Oliver and G. Wilms, acting as Agents)

Intervener in support of the applicant: European Chemical Industry Council (CEFIC) (Brussels, Belgium) represented: initially by M. Bronckers, Y. van Gerven and P. Charro, and subsequently by Y. van Gerven, lawyers)

Interveners in support of the defendant: European Parliament (represented: initially by A. Neergaard and M. Moore, and subsequently by A. Neergaard and J. Rodrigues, acting as Agents); Council of the European Union (represented: initially by B. Hoff-Nielsen, M. Sims and F. Ruggeri Laderchi, and subsequently by M. Sims and F. Florindo Gijón, and finally by F. Florindo Gijón and R. Liudvinaviciute-Cordeiro, acting as Agents); Kingdom of the Netherlands (represented: initially by S. Terstal, and subsequently by H. Sevenster, acting as Agents)

Re:

Action for annulment of Article 3, Article 4(2), Article 5(3), the second subparagraph of Article 10(2), Article 11(3), Article 13, Article 14(2) of and Annex II to Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market, and amending Regulation (EC) No 1896/2000 (OJ 2003 L 307, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs and to pay those incurred by the European Commission including, in the case of Sumitomo Chemical (UK) plc, those relating to the application for interim relief;

3. Orders the European Parliament, the Council of the European Union, the Kingdom of the Netherlands and the European Chemical Industry Council (CEFIC) to bear their own costs.

(1) OJ C 106, 30.4.2004.
EN Official Journal of the European Union C 11/21

Judgment of the Court of First Instance (Sixth Chamber) of 18 November 2009 — Scheucher-Fleisch and Others v Commission

(Case T-375/04) (1)

(State aid - Agriculture - State aid for quality programmes in the agricultural foodstuffs sector in Austria - Decision not to raise objections - Action for annulment - Standing as party concerned - Safeguarding procedural rights - Admissibility - Serious difficulties - Guidelines for State aid for advertising)

2010/C 11/38

Language of the case: German

Parties

Applicants: Scheucher-Fleisch GmbH (Ungerdorf, Austria); Tauernfleisch Vertriebs GmbH (Flattach, Austria); Wech-Kärntner Truthahnverarbeitung GmbH (Glanegg, Austria); Wech-Geflügel GmbH (Sankt Andrä, Austria) and Johann Zsifkovics (Vienna, Austria) (represented by: J. Hofer and T. Humer, lawyers)

Defendant: Commission of the European Communities (represented by: V. Kreuschitz and A. Stobiecka-Kuik, acting as Agents)

Re:

Application for annulment of Commission Decision C(2004) 2037 final of 30 June 2004 on State aid NN 34A/2000 concerning the quality programmes and labels AMA-Biozeichen and AMA-Gütesiegel in Austria

Operative part of the judgment

The Court:

1. Annuls Commission Decision C (2004) 2037 final of 30 June 2004 on State aid NN 34A/2000 concerning the quality programmes and labels AMA Biozeichen and AMA Gütesiegel in Austria;

2. Orders the Commission of the European Communities to bear its own costs and to pay those incurred by Scheucher-Fleisch GmbH, Tauernfleisch Vertriebs GmbH, Wech-Kärntner Truthahnverarbeitung GmbH, Wech-Geflügel GmbH and Johann Zsifkovics.

(1) OJ C 300, 4.12.2004.
EN Official Journal of the European Union C 209/46

Judgment of the Court of First Instance of 1 July 2008 — Apple Computer v OHIM — TKS-Teknosoft (QUARTZ)

(Case T-328/05) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark QUARTZ - Earlier Community figurative mark QUARTZ - Relative ground for refusal - Likelihood of confusion - Similarity between goods - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/79)

Language of the case: English

Parties

Applicant: Apple Computer, Inc. (Cupertino, California (United-States) (represented by: P. Rawlinson, S. Jones, J. Rutter and T.M. D'Souza Culora, solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: TKS-Teknosoft SA (Trélex, Switzerland) (represented by: C. Moreau, T. van Innis and K. Manhaeve, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 April 2005 (Case R 416/2004-4) relating to opposition proceedings between TKS-Teknosoft SA and Apple Computer, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders Apple Computer Inc. to pay the costs.

(1) OJ C 281, 18.11.2005.
EN Official Journal of the European Union C 22/41

Judgment of the Court of First Instance of 12 December 2007 — BASF and UCB v Commission

(Joined Cases T-101/05 and T-111/05) (1)

(Competition - Agreements, decisions and concerted practices in the vitamin products sector - Choline chloride (vitamin B4) - Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area - Fines - Deterrence - Repeat infringement - Cooperation during the administrative procedure - Single and continuous infringement)

(2008/C 22/75)

Languages of the case: English and French

Parties

Applicants: BASF AG (Ludwigshafen, Germany) (represented by: N. Levy, Barrister, J. Temple Lang, Solicitor, and C. Feddersen, Lawyer) and UCB SA (Brussels, Belguim) (represented by J. Bourgeois, J.-F. Bellis and M. Favart, Lawyers)

Defendant: Commission of the European Communities (represented by: in Case T-101/05 A. Whelan and F. Amato and in Case T-111/05 initially O. Beynet and F. Amato, and subsequently X. Lewis and F. Amato, Agents)

Re:

Application for annulment or reduction of the fines imposed on the applicants by the Commission Decision of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.533 — Choline chloride) (summary published in OJ 2005 L 190, p. 22).

Operative part of the judgment

The Court:

1. Disjoins Case T-112/05 Akzo Nobel and Others v Commission from Cases T-101/05 and T-111/05 for the purposes of the judgment;

2. Annuls Article 1(b) and (f) of Commission Decision 2005/566/EC of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-2/37.533 — Choline Chloride) in so far as it makes a finding of infringement against BASF AG and UCB SA during the period before 29 November 1994 in BASF's case and before 14 March 1994 in UCB's case;

3. In Case T-101/05, sets the fine imposed on BASF at EUR 35,024 million;

4. In Case T-111/05, sets the fine imposed on UCB at EUR 1,870 million;

5. Dismisses the remainder of the applications;

6. In Case T-101/05, orders the parties to bear their own costs;

7. In Case T-111/05, orders the Commission, in addition to bearing its own costs, to pay 90 % of the costs incurred by UCB.

(1) OJ C 115, 14.5.2005.
EN Official Journal of the European Union C 19/24

Judgment of the Court of First Instance of 2 December 2008 — Nuova Agricast and Cofra v Commission

(Case T-362/05 and T-363/05) (1)

(Non-contractual liability of the Community - Aid scheme provided for under Italian legislation - Scheme declared compatible with the common market - Transitional measure - Certain undertakings excluded - Principle of protection of legitimate expectations - Sufficiently serious breach of a rule of law conferring rights on individuals - None)

(2009/C 19/44)

Language of the case: Italian

Parties

Applicant: Nuova Agricast Srl (Cerignola, Italy) and Cofra Srl (Barletta, Italy) (represented by: M.A. Calabrese, lawyer)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Re:

Action for damages for the loss allegedly suffered by the applicants as a result of the adoption by the Commission of the Decision of 12 July 2000 declaring compatible with the common market an aid scheme for investment in the less-favoured regions of Italy (State aid No 715/1999 — Italy (SG 2000 D/105754)) and as a result of the Commission's conduct during the procedure which preceded the adoption of that decision.

Operative part of the judgment

The Court:

1. Joins Case T-362/05 and T-363/05 for the purposes of the judgment.

2. Dismisses the actions.

3. Orders Nuova Agricast Srl to bear its own costs and to pay those incurred by the Commission in Case T-362/05.

4. Orders Cofra Srl to bear its own costs and to pay those incurred by the Commission in Case T-363/05.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 285/34

Judgment of the Court of First Instance of 24 September 2008 — HUP Uslugi Polska v OHIM — (I.T.@MANPOWER)

(Case T-248/05) (1)

(Community trade mark - Invalidity proceedings - Communityword mark ‘I.T.@MANPOWER’ - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Not a trade mark of such a nature as to deceive the public - Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94)

(2008/C 285/61)

Language of the case: English

Parties

Applicant: HUP Uslugi Polska sp. z o.o., formerly HP Temporärpersonalgesellschaft mbH (Czeladz, Poland) (represented by: M. Ciresa, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Manpower Inc. (Milwaukee, Wisconsin, United States) (represented by: R. Moscona and V. Marsland, Solicitors, and A. Bryson, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity proceedings between MP Temporärpersonal GmbH and Manpower Inc.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders HUP Uslugi Polska sp. z o.o. to pay the costs.

(1) OJ C 217, 3.9.2005.
EN Official Journal of the European Union C 205/31

Judgment of the Court of First Instance of 10 July 2009 — Italy v Commission

(Case T-373/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Raw tobacco - Obligation to state reasons - Article 7(4) of Regulation (EC) No 1258/1999)

2009/C 205/55

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Defendant: Commission of the European Communities (represented by C. Cattabriga and L. Visaggio, Agents)

Re:

Application for annulment in part of Commission Decision 2005/579/EC of 20 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 199, p. 84), in so far as it excludes certain expenditure incurred by the Italian Republic in the sector of raw tobacco.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 113/30

Judgment of the Court of First Instance of 18 March 2009 — Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision v Council

(Case T-299/05) (1)

(Dumping - Imports of certain electronic weighing scales originating in China - Market economy status - Article 2(7)(a) and (c), Article 2(10), and Article 11(9) of Regulation (EC) No 384/96)

2009/C 113/61

Language of the case: English

Parties

Applicants: Shanghai Excell M&E Enterprise Co. Ltd (Shanghai, China) and Shanghai Adeptech Precision Co. Ltd (Huaxin Town, China) (represented by: R. MacLean, Solicitor, and E. Gybels, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the European Communities (represented initially by: K. Talabér-Ritz and E. Righini, and subsequently by H. van Vliet and K. Talabér-Ritz, acting as Agents)

Re:

Action for annulment of Articles 1 and 2 of Council Regulation (EC) No 692/2005 of 28 April 2005 amending Regulation (EC) No 2605/2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia, in the People’s Republic of China (OJ 2005 L 112, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Shanghai Excell M&E Enterprise Co. Ltd and Shanghai Adeptech Precision Co. Ltd to bear their own costs and to pay those incurred by the Council;

3. Orders the Commission to bear its own costs.

(1) OJ C 257, 15.10.2005.
EN Official Journal of the European Union C 148/24

Judgment of the General Court of 28 April 2010 — Oxley Threads v Commission

(Case T-448/05) (1)

(Competition - Agreements, decisions and concerted practices - European market in thread for automotive customers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation - Proportionality - Equal treatment - Guidelines on the method of setting fines)

2010/C 148/42

Language of the case: English

Parties

Applicant: Oxley Threads Ltd (Ashton-Under-Lyne, Lancashire, United Kingdom) (represented by: G. Peretz, Barrister, M. Rees and K. Vernon, Solicitors)

Defendant: European Commission (represented by: N. Khan and K. Mojzesowicz, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 — PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005 and, in the alternative, for reduction of the fine imposed on the applicant by that decision

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Oxley Threads Ltd to pay the costs.

(1) OJ C 48, 25.2.2006.
EN Official Journal of the European Union C 282/36

Judgment of the Court of First Instance of 30 September 2009 — Elf Aquitaine v Commission

(Case T-174/05) (1)

(Competition - Agreements, decisions and concerted practices - Monochloroacetic acid market - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Rights of the defence - Obligation to state the reasons on which the decision is based - Imputability of the infringement - Principle that penalties must fit the offence - Principle that penalties must have a proper legal basis - Presumption of innocence - Principle of sound administration - Principle of legal certainty - Misuse of powers - Fines)

2009/C 282/66

Language of the case: French

Parties

Applicant: Elf Aquitaine SA (Courbevoie, France) (represented by: É. Morgan de Rivery and É. Friedel, lawyers)

Defendant: Commission of the European Communities (represented by: initially A. Bouquet and F. Amato and subsequently by A. Bouquet and X. Lewis, Agents)

Re:

Principally, annulment of Articles 1(d), 2(c), 3 and 4(9) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/ E-1/37.773 — MCAA) or, in the alternative, application for annulment of Article 2(c) of that decision, or, in the further alternative, application for variation of the said Article 2(c)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Elf Aquitaine SA to pay the costs.

(1) OJ C 171, of 9.7.2005.
EN Official Journal of the European Union C 331/16

Judgment of the General Court of 28 September 2011 — Greece v Commission

(Case T-352/05) (1)

(EAGGF - Guarantee section - Expenditure excluded from Community financing - Specific measures for certain agricultural products in favour of the minor islands of the Aegean Sea - Fruit and vegetables - Raw tobacco - Goat and sheepmeat - Non-compliance with the payment deadlines - Proportionality - Increase in the flat-rate correction for recurrent weaknesses)

2011/C 331/27

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented initially by: G. Kanellopoulos and S. Charitaki, later by: I Chalkias and S. Papaïoannou, Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and L. Visaggio, Agents, assisted by N. Korogiannakis, lawyer)

Re:

Annulment of Commission Decision 2005/579/EC of 20 July 2005 disallowing from Community financing certain expenditure incurred by the Member States under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section (OJ 2005 L 199, p. 84) in so far as it excludes certain expenditure carried out by the Hellenic Republic in the context of Specific measures for certain agricultural products in favour of the minor islands of the Aegean Sea and in the fruit and vegetables, raw tobacco and goat and sheepmeat sectors.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 92/27

Judgment of the Court of First Instance of 5 March 2008 — Combescot v Commisssion

(Case T-414/06 P) (1)

(Appeal - Staff cases - Officials - Inadmissibility of the action before the Civil Service Tribunal - Time-limit for bringing an action)

(2008/C 92/54)

Language of the case: Italian

Parties

Appellant: Philippe Combescot (Popayán, Colombia) (represented by: A. Maritati and V. Messa, lawyers)

Other party to the proceedings: Commisssion of the European Communities (represented by: V. Joris and M. Velardo, Agents, assisted by S. Corongiu, lawyer)

Re:

Appeal against the judgment of the European Civil Service Tribunal (Second Chamber) of 19 October 2006 in Case F-114/05 Combescot v Commisssion, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Philippe Combescot to bear his own costs and pay those incurred by the Commission.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 22/44

Judgment of the Court of First Instance of 12 December 2007 — DeTeMedien v OHIM (suchen.de)

(Case T-117/06) (1)

(Community trade mark - Application for the Community word mark suchen.de - Absolute ground for refusal - Lack of distinctive character - Domain name - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2008/C 22/81)

Language of the case: German

Parties

Applicant: DeTeMedien Deutsche Telekom Medien GmbH ((Frankfurt am Main, Germany) (represented initially by J. Fesenmair and I. Gehring, and subsequently by J. Fesenmair and T.M. Müller, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.

(1) OJ C 143, 17.6.2006.