ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 366/29

Judgment of the General Court of 10 October 2012 — Ningbo Yonghong Fasteners v Council

(Case T-150/09) (1)

(Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Manifest error of assessment - Burden of proof - Adjustment to costs - Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009))

2012/C 366/54

Language of the case: English

Parties

Applicant: Ningbo Yonghong Fasteners Co. Ltd (Zhouhan, China) (represented by: F. Graafsma and J. Cornelis, lawyers)

Defendant: Council of the European Union (represented: initially by J.-P. Hix, acting as Agent, assisted by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, assisted by Berrisch)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents); and European Industrial Fasteners Institute AISBL (EIFI) (Brussels, Belgium) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by Bourgeois, lawyers)

Re:

Application for annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ningbo Yonghong Fasteners Co. Ltd to bear its own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;

3. Orders the European Commission to bear its own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 343/12

Judgment of the General Court of 26 September 2012 — Italy v Commission

(Case T-84/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Provision of information and promotion of agricultural products - Production of olive oil and table olives - Late payment)

2012/C 343/15

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: L. Ventrella and G. Palmieri, avvocati dello Stato)

Defendant: European Commission (represented by: F. Jimeno Fernández and P. Rossi, Agents)

Re:

Application for annulment of Commission Decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 340, p. 99), as far as it excludes certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 156/37

Judgment of the General Court of 19 April 2013 — Italy v Commission

(Joined Cases T-99/09 and T-308/09) (1)

(ERDF - Campania Regional Operational Programme (ROP) 2000-2006 - Regulation (EC) No 1260/1999 - Article 32(3)(f) - Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal - Infringement procedure in respect of Italy)

2013/C 156/66

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili and, additionally, in Case T-99/09, by G. Palmieri, avvocati dello Stato)

Defendant: European Commission (represented by: D. Recchia and A. Steiblytė, Agents)

Re:

Applications for annulment of the decisions contained in the Commission’s letters of 22 December 2008, and of 2 and 6 February 2009 (Nos 012480, 000841 and 001059 — Case T-99/09) and of 20 May 2009 (No 004263 — Case T-308/09) declaring that the interim payment applications submitted by the Italian Authorities for the reimbursement of expenditure incurred after 29 June 2007 in connection with Measure 1.7 of the ‘Campania’ Operational Programme are ‘unacceptable’ under Article 32(3)(f) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 26/39

Judgment of the General Court of 7 December 2012 — A. Loacker SpA v OHIM — Editrice Quadratum (QUADRATUM)

(Case T-42/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark QUADRATUM - Earlier Community word mark LOACKER QUADRATINI - Relative ground for refusal - No likelihood of confusion - Article 8(1(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009)

2013/C 26/74

Language of the case: Italian

Parties

Applicant: A. Loacker SpA (Auna di Sotto, Italy) (represented by: V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Editrice Quadratum SpA (Milan, Italy) (represented by: P. Pezzoi, P. Perani and G. Ghisletti, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 October 2008 (Case R 34/2008-1), concerning opposition proceedings between A. Loacker SpA and Editrice Quadratum SpA.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders A. Loacker SpA to pay the costs.

(1) OJ C 69, 21.3.2009.
Judgment of the General Court of 23 January 2014 — SKW Stahl-Metallurgie Holding and SKW Stahl-Metallurgie v Commission

(Case T-384/09) (1)

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Imputability of the unlawful conduct - Obligation to state reasons - Fines - Equal treatment - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability for payment of the fine - 2006 guidelines on the method of setting fines)

(2014/C 71/23)

Language of the case: German

Parties

Applicants: SKW Stahl-Metallurgie Holding AG (Unterneukirchen, Germany); and SKW Stahl-Metallurgie GmbH (Unterneukirchen) (represented by: initially, A. Birnstiel, S. Janka and S. Dierckens, lawyers and, subsequently, A. Birnstiel and S. Janka)

Defendant: European Commission (represented by: N. von Lingen and A. Antoniadis, Agents, and by A. Böhlka, lawyer)

Intervener in support of the applicants: Gigaset AG (formerly Arques Industries AG) (Munich, Germany) (represented by: C. Grave, A. Scheidtmann and B. Meyring, lawyers)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it applies to the applicants, and, in the alternative, an application for annulment or reduction of the amount of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SKW Stahl-Metallurgie Holding AG and SKW Stahl-Metallurgie GmbH, in addition to bearing their own costs, to pay the costs incurred by the European Commission;

3. Orders Gigaset AG to bear its own costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 325/21

Judgment of the General Court of 16 September 2013 — GL2006 Europe Ltd v Commission

(Case T-435/09) (1)

(Arbitration clause - Contracts for financial assistance concluded in the context of the Fifth and Sixth Framework Programmes for Community activities in the field of research and technological development and in the context of the eTEN Programme - Highway, J WeB, Care Paths, Cocoon, Secure-Justice, Qualeg, Lensis, E-Pharm Up, Liric, Grace, Clinic and E2SP projects - Termination of contracts - Reimbursement of amounts paid - Debit notes - Counterclaim - Representation of the applicant)

2013/C 325/34

Language of the case: English

Parties

Applicant: GL2006 Europe Ltd (Birmingham, United Kingdom) (represented by: M. Gardenal and E. Bélinguier-Raiz, lawyers)

Defendant: European Commission (represented initially by: S. Delaude and N. Bambara, and subsequently by S. Delaude, Agents, and by R. Van der Hout, lawyer)

Re:

Action brought by GL2006 Europe Ltd pursuant to Article 238 EC, on the basis of arbitration clauses, whereby the applicant disputes the checks carried out by OLAF at its premises in December 2008, the decision in the letter of 10 July 2009 whereby the Commission terminated the applicant’s participation in two research and technological development projects, and 12 debit notes issued by the Commission on 7 August 2009, seeking the reimbursement of the sums paid by the Commission to the applicant for its participation in 12 research and development projects, and a counterclaim for the reimbursement of those sums

Operative part of the judgment

The Court:

1. Declares that there is no longer any need to adjudicate on the action brought by GL2006 Europe Ltd;

2. Orders GL2006 Europe to pay to the European Commission the sum of EUR 2 258 456,31, along with interest calculated from the time-limits set out in the debit notes of 7 August 2009;

3. Orders GL2006 Europe to pay the costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 178/11

Judgment of the General Court of 14 April 2015 — Ayadi v Commission

(Case T-527/09 RENV) (1)

((Referral back after setting aside - Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Freezing of funds and economic resources of a person included on a list drawn up by a United Nations body - Inclusion of the name of that person in the list contained in Annex I to Regulation (EC) No 881/2002 - Action for annulment - Fundamental rights - Rights of defence - Right to effective judicial protection - Right to respect for property))

(2015/C 178/12)

Language of the case: English

Parties

Applicant: Chafiq Ayadi (Dublin, Ireland) (represented by: H. Miller, Solicitor, P. Moser, QC, E. Grieves, Barrister, and R. Graham, Solicitor)

Defendant: European Commission (represented by: E. Paasivirta, T. Scharf and M. Konstantidinis, acting as Agents)

Interveners in support of the defendant: Ireland (represented by E. Creedon, acting as Agent, assisted by N. Travers, SC) and Council of the European Union (represented by E. Finnegan and G. Étienne, acting as Agents)

Re:

Application for annulment of Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2009 L 269, p. 20), in so far as that act concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Regulation (EC) No 954/2009 of 13 October 2009 amending for the 114th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in so far as that measure concerns Mr Chafiq Ayadi.

2. Orders the European Commission to bear its own costs and to pay both the costs incurred by Mr Ayadi and the sums advanced by the General Court by way of legal aid.

3. Orders Ireland and the Council of the European Union to bear their own costs.

(1) OJ C 148, 5.6.2010.
Judgment of the General Court of 25 November 2014 — Simba Toys v OHIM — Seven Towns (Shape of a cube with surfaces that have a grid structure)

(Case T-450/09) (1)

(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)

(2015/C 016/42)

Language of the case: English

Parties

Applicant: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven Towns Ltd (London, United Kingdom) (represented initially by M. Edenborough QC, and B. Cookson, Solicitor, and subsequently by K. Szamosi and M. Borbás, lawyers)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 1 September 2009 (Case R 1526/2008-2) relating to cancellation proceedings between Simba Toys GmbH & Co. KG and Seven Towns Ltd.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Simba Toys GmbH & Co. KG to pay the costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 311/44

Judgment of the General Court of 9 September 2011 — DRV v OHIM — Austria Leasing (Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppe Österreich)

(Case T-199/10) (1)

(Community trade mark - Opposition Proceedings - Application for Community figurative mark Austria Leasing Gesellschaft m.b.H Mitglied der Raiffeisen-Bankengruppe Österreich - Earlier national figurative mark Raiffeisen - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 311/81

Language of the case: German

Parties

Applicant: Deutscher Raiffeisenverband e.V. (DRV) (Bonn, Germany) (represented by: I. Rinke, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Austria Leasing GmbH (Eschborn, Germany) (represented by: B. Joachim, lawyer)

Re:

Action brought for the annulment of the decision of the First Board of Appeal of OHIM of 3 February 2010 (Case R 253/2009-1), relating to opposition proceedings between Deutscher Raiffensenverband e.V. (DRV) and Austria Leasing GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutscher Raiffeisenverband e.V. (DRV) to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 204/23

Judgment of the General Court of 24 May 2011 — Euro-Information v OHIM (EURO AUTOMATIC CASH)

(Case T-392/10) (1)

(Community trade mark - Application for Community word mark EURO AUTOMATIC CASH - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2011/C 204/41

Language of the case: French

Parties

Applicant: Euro-Information — Européenne de traitement de l'information (Strasbourg, France) (represented by: A. Grolée, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2010 (Case R 892/2010-2) concerning an application for registration of the word sign EURO AUTOMATIC CASH as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Euro-Information — Européenne de traitement de l'information to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 347/29

Judgment of the General Court of 11 October 2011 — Chestnut Medical Technologies v OHIM (PIPELINE)

(Case T-87/10) (1)

(Community trade mark - Application for registration of the Community word mark PIPELINE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)

2011/C 347/46

Language of the case: English

Parties

Applicant: Chestnut Medical Technologies, Inc. (Menlo Park, California, United States) (represented by: H.P. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 December 2009 (Case R 968/2009-2) concerning an application for registration of the word mark PIPELINE as a Community trade mark

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Chestnut Medical Technologies, Inc. to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 331/19

Judgment of the General Court of 29 September 2011 — Telefónica O2 Germany v OHIM — Loopia (LOOPIA)

(Case T-150/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LOOPIA - Earlier Community word marks LOOP and LOOPY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 331/35

Language of the case: English

Parties

Applicant: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Loopia AB (Västerås, Sweden) (represented by: P. Håkon-Schmidt and N. Ringen, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2010 (Case R 1812/2008-1), concerning opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Loopia AB.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 January 2010 (Case R 1812/2008-1);

2. Orders OHIM to bear its own costs and to pay the costs of Telefónica O2 Germany GmbH & Co. OHG;

3. Orders OHIM to pay the costs necessarily incurred by Telefónica O2 Germany for the purposes of the proceedings before the First Board of Appeal of OHIM;

4. Orders Loopia AB to bear its own costs.

(1) OJ C 148, 5.6.2010.
Official Journal of the European Union

Judgment of the General Court of 8 December 2011 — Aktieselskabet af 21. november 2001 v OHIM — Parfums Givenchy (only givenchy)

(Case T-586/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘only givenchy’ - Earlier Community and national word marks ONLY - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Reputation - Article 8(5) of Regulation No 207/2009)

(2012/C 25/97)

Language of the case: English

Parties

Applicant: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Barrett Christiansen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Parfums Givenchy SA (Levallois-Perret, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2010 (Case R 1556/2009-2) concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Parfums Givenchy SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aktieselskabet af 21. november 2001 to pay the costs.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 6/14

Judgment of the General Court of 15 November 2011 — Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT)

(Case T-434/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark ALPINE PRO SPORTSWEAR & EQUIPMENT - Earlier Community figurative mark ‘alpine’ - Misuse of power - Article 65(2) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)

2012/C 6/25

Language of the case: English

Parties

Applicant: Václav Hrbek (Augustinova, Czech Republic) (represented by: C. Jäger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: S. Malynicz, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 July 2010 (Case R 1441/2009-2) concerning opposition proceedings between The Outdoor Group Ltd and Mr Václav Hrbek.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Václav Hrbek to pay the costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 80/18

Judgment of the General Court of 2 February 2012 — Almunia Textil v OHIM — FIBA-Europe (EuroBasket)

(Case T-596/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark EuroBasket - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 80/29

Language of the case: German

Parties

Applicant: Almunia Textil, SA (La Almunia de Doña Godina, Spain) (represented by: J.E. Astiz Suárez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: FIBA-Europe eV (Munich, Germany) (represented by: T. Hogh Holub, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2010 (Case R 280/2010-1) concerning opposition proceedings between Almunia Textil, SA and FIBA-Europe eV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Almunia Textil, SA to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and FIBA-Europe eV including, in respect of the latter, the unavoidable costs incurred for the purposes of the proceedings before the Board of Appeal.

(1) OJ C 80, 12.3.2011.