ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 245/9

Judgment of the General Court of 12 June 2014 — Sarc v Commission

(Case T-488/11) (1)

((State aid - Software licence agreement - Decision finding no State aid - Actions for annulment - Competitive position not substantially affected - Inadmissibility - Procedural rights of the interested parties - Admissibility - Failure to initiate formal investigation procedure - No serious difficulties - Advantage))

2014/C 245/11

Language of the case: English

Parties

Applicant: Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV (Bussum, Netherlands) (represented by: H. Speyart and R. Bolhaar, lawyers)

Defendant: European Commission (represented by: H. van Vliet, K. Talabér-Ritz and S. Noë, acting as Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented initially by C. Wissels, M. Noort and B. Koopman, and subsequently by C. Wissels, M. Noort, J. Langer and M. Bulterman, acting as Agents); and Technische Universiteit Delft (Delft, Netherlands) (represented by: R. van den Tweel and P. Huurnink, lawyers).

Re:

Application for the annulment of Commission Decision C(2011) 642 final of 10 May 2011 relating to the State Aid Proceedings NN 68/2010 — Netherlands, declaring after the preliminary examination stage that the licence agreement for the use of a software source code concluded between Technische Universiteit Delft and Delftship BV does not constitute State aid

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV to bear its own costs and pay those incurred by the European Commission and by the Technische Universiteit Delft;

3. Orders the Kingdom of the Netherlands to bear its own costs.

(1) OJ C 331, 12.11.2011.
EN Official Journal of the European Union C 448/17

Judgment of the General Court of 5 November 2014 — Computer Resources International (Luxembourg) v Commission

(Case T-422/11) (1)

((Public service contracts - Tendering procedure - Provision of computer services for software development and maintenance, consultancy and assistance for different types of information technology applications - Rejection of a tenderer’s bid - Abnormally low tender - Article 139(1) of Regulation (EC, Euratom) No 2342/2002 - Obligation to state reasons - Choice of legal basis - Misuse of powers))

(2014/C 448/21)

Language of the case: English

Parties

Applicant: Computer Resources International (Luxembourg) SA (Dommeldange, Luxembourg) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented: initially by S. Delaude and D. Calciu, and subsequently by S. Delaude, acting as Agents, assisted by E. Petritsi, lawyer)

Re:

Application for annulment of the decision of the Publications Office of the European Union of 22 July 2011 not to accept the tenders submitted by the consortium formed by the applicant and another company for Lots Nos 1 and 3 in tendering procedure AO 10340, concerning the provision of computer services for software development and maintenance, consultancy and assistance for different types of information technology (OJ 2011/S 66-106099), and to award the framework contracts to other tenderers.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Computer Resources International (Luxembourg) SA to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 290, 1.10.2011.
Judgment of the General Court of 26 September 2014 — Dansk Automat Brancheforening v Commission

(Case T-601/11) (1)

((Actions for annulment - State aid - Online gaming - Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades - Decision declaring aid compatible with the internal market - Aid to facilitate the development of certain activities - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility))

(2014/C 395/37)

Language of the case: Danish

Parties

Applicant: Dansk Automat Brancheforening (Fredericia, Denmark) (represented by: K. Dyekjær, T. Høg and J. Flodgaard, lawyers)

Defendant: European Commission (represented by: M. Afonso and C. Barslev, and subsequently by M. Afonso and L. Grønfeldt, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang, and subsequently by M. Wolff and C. Thorning, acting as Agents, assisted by K. Lundgaard Hansen, lawyer); Republic of Malta (represented by: P. Grech and A. Buhagiar, acting as Agents); Betfair Group plc (London, United Kingdom) and Betfair International Ltd (Santa Venera, Malta) (represented by: O. Brouwer and A. Pliego Selie, lawyers); European Gaming and Betting Association (EGBA) (Brussels, Belgium) (represented by: C.-D. Ehlermann, J.C. Heithecker and J. Ylinen, lawyers)

Re:

Application for annulment of Commission Decision 2012/140/EU of 20 September 2011 in Case No C 35/2010 (ex N 302/2010) on measures which Denmark is planning to implement in the form of duties for online gaming in the Danish [Law on gaming duties] (OJ 2012, L 68, p. 3).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dansk Automat Brancheforening to bear its own costs and to pay those incurred in the main proceedings by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA);

3. Orders Dansk Automat Brancheforening to pay its own costs in connection with the interim proceedings and to pay those incurred by the Commission;

4. Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.

(1) OJ C 25, 28.1.2012.
1)

Annuls Council Decision 2011/357/CFSP of 20 June 2011, amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, Council Regulation (EU) No 588/2011 of 20 June 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, and Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, in so far as those acts concern BT Telecommunications PUE;
Official Journal of the European Union

Judgment of the General Court of 27 November 2014 — Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (ZENATO RIPASSA)

(Case T-153/11) (1)

(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(1)(b) of Regulation (EC) No 207/2009)

(2015/C 016/45)

Language of the case: Italian

Parties

Applicant: Cantina Broglie 1 Srl (Peschiera del Garda, Italy) (represented by: A. Rizzoli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Verona, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 December 2010 (Case R 183/2010-2) concerning opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Zenato Azienda Vitivinicola Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cantina Broglie 1 Srl to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 198/27

Judgment of the General Court of 29 April 2015 — Total and Elf Aquitaine v Commission

(Case T-470/11) (1)

((Competition - Market for methacrylates - Fines - Joint and several liability of parent companies and their subsidiary for the infringing conduct of the latter - Full and immediate payment of the fine by the subsidiary - Reduction of the fine imposed on the subsidiary following a judgment of the General Court - Letters from the Commission demanding payment from the parent companies of the amount reimbursed by it to the subsidiary, plus late-payment interest - Actions for annulment - Challengeable act - Admissibility - Interest on late payment))

(2015/C 198/36)

Language of the case: French

Parties

Applicants: Total SA (Courbevoie, France) and Elf Aquitaine SA (Courbevoie) (represented initially by A. Noël-Baron and É. Morgan de Rivery, and subsequently by É. Morgan de Rivery and E. Lagathu, lawyers)

Defendant: European Commission (represented by: B. Mongin and V. Bottka, Agents)

Re:

Application for annulment of the Commission’s letters BUDG/DGA/C4/BM/s746396 of 24 June 2011 and BUDG/DGA/C4/BM/s812886 of 8 July 2011 or, in the alternative, reduction of the amounts claimed or, in the further alternative, annulment the late-payment interest imposed on Elf Aquitaine, in the amount of EUR 3 1 3 12 114,58, for which Total is jointly liable up to the amount of EUR 1 9 1 91 296,03.

Operative part of the judgment

The Court:

1. Annuls the Commission’s letters BUDG/DGA/C4/BM/s746396 of 24 June 2011 and BUDG/DGA/C4/BM/s812886 of 8 July 2011 in so far as, in those letters, the European Commission imposed on Elf Aquitaine SA late-payment interest in the amount of EUR 3 1 3 12 114,58, for which Total SA is jointly liable up to the amount of EUR 1 9 1 91 296,03;

2. Dismisses the action as to the remainder.

3. Orders the Commission to pay two fifths of the costs of Total and Elf Aquitaine and to bear three fifths of its own costs. Total and Elf Aquitaine are ordered to bear three fifths of their own costs and to pay two fifths of the costs of the Commission.

(1) OJ C 319, 29.10.2011.
EN Official Journal of the European Union C 48/41

Judgment of the General Court of 16 December 2015 — Martinair Holland v Commission

(Case T-67/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/45)

Language of the case: English

Parties

Applicant: Martinair Holland NV (Haarlemmermeer, Netherlands) (represented by: R. Wesseling, lawyer)

Defendant: European Commission (represented initially by S. Noë, N. von Lingen and C. Giolito, and subsequently by S. Noë, C. Giolito and A. Dawes, acting as Agents, and by B. Doherty, Barrister)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicant, or, at the very least, for annulment of Article 5(b) of that decision, in so far as it imposes a fine on the applicant, or for the reduction of that fine.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Martinair Holland NV;

2. Orders the European Commission to bear its own costs and to pay those of Martinair Holland.

(1) OJ C 95, 26.3.2011.
EN Official Journal of the European Union C 302/40

Judgment of the General Court of 15 July 2015 — Akzo Nobel and Akcros Chemicals v Commission

(Case T-485/11) (1)

((Competition - Agreements, decisions and concerted practices - European markets for heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Infringement committed by a jointly-held subsidiary - Fines - Joint and several liability of the subsidiary and the parent companies - Ten-year limitation period applicable to one of the parent companies - Decision readopted - Reduction of the amount of the fine imposed on one of the parent companies - Attribution to the subsidiary and the other parent company of the obligation to pay the reduced fine - Rights of the defence))

(2015/C 302/51)

Language of the case: English

Parties

Applicants: Akzo Nobel NV (Amsterdam, Netherlands); and Akcros Chemicals Ltd (Warwickshire, United Kingdom) (represented by C. Swaak and R. Wesseling, lawyers)

Defendant: European Commission (represented initially by F. Ronkes Agerbeek and J. Bourke, and subsequently by Mr Ronkes Agerbeek and P. Van Nuffel, acting as Agents, and J. Holmes, Barrister)

Re:

Application for annulment of the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers) in so far as it was addressed to Akzo Nobel and Akcros Chemicals or, in the alternative, for a reduction of the amount of the fines imposed.

Operative part of the judgment

The Court:

1. Annuls the Commission Decision of 30 June 2011 amending Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers);

2. Orders the European Commission to pay the costs.

(1) OJ C 331, 12.11.2011.
Judgment of the General Court of 15 November 2018 — Banco Santander and Santusa v Commission

(Case T-399/11 RENV) (1)

((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))

(2019/C 25/44)

Language of the case: Spanish

Parties

Applicants: Banco Santander, SA (Santander, Spain) and Santusa Holding, SL (Boadilla del Monte, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: R. Lyal, B. Stromsky, C. Urraca Caviedes and P. Němečková, acting as Agents)

Interveners in support of the applicants: Federal Republic of Germany (represented by: T. Henze, acting as Agent), Ireland (represented by: initially, G. Hodge and E. Creedon, and, subsequently, G. Hodge and M. Browne, acting as Agents) and Kingdom of Spain (represented by: M. Sampol Pucurull, acting as Agent)

Re:

Application based on Article 263 TFEU and seeking annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 135, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Banco Santander, SA and Santusa Holding, SL to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany, Ireland and the Kingdom of Spain to bear their own respective costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 98/27

Judgment of the General Court of 4 February 2016 — Heitkamp BauHolding v Commission

(Case T-287/11) (1)

((State aid - German tax legislation concerning loss carry-forward to future tax years (Sanierungsklausel) - Decision declaring the aid incompatible with the internal market - Action for annulment - Individual concern - Admissibility - Concept of State aid - Selectivity - Nature and general scheme of the tax system))

(2016/C 098/34)

Language of the case: German

Parties

Applicant: Heitkamp BauHolding GmbH (Herne, Germany) (represented initially by W. Niemann, M. Kiera-Nöllen and S. Geringhoff, and subsequently by W. Niemann, S. Geringhoff and P. Dodos, lawyers)

Defendant: European Commission (represented initially by R. Lyal, T. Maxian Rusche and M. Adam, and subsequently by R. Lyal, T. Maxian Rusche and C. Egerer, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents)

Re:

Application for annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the judgment

The Court:

1. Rejects the objection of inadmissibility;

2. Dismisses the action as unfounded;

3. Orders Heitkamp BauHolding GmbH to bear its own costs and to pay two thirds of the European Commission’s costs, and orders the Commission to bear one third of its own costs;

4. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 26/44

Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon)

(Case T-29/12) (1)

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

2013/C 26/85

Language of the case: German

Parties

Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.

Operative part of the judgment

The Court:

1. Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant;

2. The action is dismissed.

3. Alva Management is ordered to pay the costs.

(1) OJ C 80, 17.3.2012.
EN Official Journal of the European Union C 225/75

Judgment of the General Court of 30 May 2013 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca)

(Case T-115/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Roca - Earlier national figurative mark ROCA and earlier international figurative mark Roca - Relative ground for refusal - Similarity of the goods - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/168

Language of the case: German

Parties

Applicant: Buzil-Werk Wagner GmbH & Co. KG (Memmingen, Germany) (represented by: D. Waldhauser, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roca Sanitario, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2012 (Case R 1907/2010-4) relating to opposition proceedings between Roca Sanitario, SA and Buzil-Werk Wagner GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Buzil-Werk Wagner GmbH & Co. KG to pay the costs.

(1) OJ C 157, 2.6.2012.
EN Official Journal of the European Union C 164/16

Judgment of the General Court of 25 April 2013 — Chen v OHIM — AM Denmark (Cleaning device)

(Case T-55/12) (1)

(Community design - Invalidity proceedings - Registered Community design representing a cleaning device - Community three-dimensional mark representing a cleaning device fitted with a spraying device and a sponge - Declaration of invalidity)

2013/C 164/29

Language of the case: English

Parties

Applicant: Su-Shan Chen (Sanchong, Taiwan) (represented by: C. Onken, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: AM Denmark A/S (Kokkedal, Denmark) (represented by: C. Type Jardorf, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 26 October 2011 (Case R 2179/2010-3), relating to invalidity proceedings between AM Denmark A/S and Su-Shan Chen

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Su-Shan Chen to pay the costs.

(1) OJ C 133, 5.5.2012.