ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/49

Judgment of the Court of First Instance of 2 July 2008 — Stradivarius España v OHIM — Ricci (Stradivari 1715)

(Case T-340/06) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Stradivari 1715 - Earlier Community figurative Stradivarius trade marks - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/85)

Language of the case: Italian

Parties

Applicant: Stradivarius España (Arteixo, Spain) (represented by: G. Marín Raigal and P. López Ronda, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cristina Ricci (Reggello, Italy) (represented by: P. Roncaglia, G. Lazzaretti, M. Boretto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the Board of Appeal of OHIM of 7 September 2006 (Case R 1024/2005-1) concerning opposition proceedings between Stradivarius España, SA and Cristina Ricci.

Operative part of the judgment

The Court hereby:

1. Dismisses the action;

2. Orders Stradivarius España, SA to pay the costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 171/32

Judgment of the Court of First Instance of 22 May 2008 — Ott and Others v Commission

(Case T-250/06 P) (1)

(Appeal - Cross-appeal - Admissibility - Civil Service - Officials - Promotion - Promotion for 2004 - Allocation of promotion points - General Implementing Provisions of Article 45 of the Staff Regulations - Plea of illegality - Substitution of grounds - Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded - Dispute capable of being decided - Dismissal of the action)

(2008/C 171/57)

Language of the case: French

Parties

Applicants: Martial Ott (Oberanven, Luxembourg); Fernando Lopez Tola (Luxembourg, Luxembourg); and Francis Weiler (Itzig, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and D. Martin, agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 30 June 2006Ott and Others v Commission (Case F-87/05, not yet published in the ECR) seeking the annulment of that order.

Operative part of the judgment

The Court:

1. The order of the Civil Service Tribunal (Second Chamber) of 30 June 2006 Ott and Others v Commission is annulled in so far as it dismissed the action brought by Mr Francis Weiler;

2. For the rest, the appeal is dismissed;

3. The cross-appeal is dismissed;

4. The action brought before the Civil Service Tribunal as Case F-87/05 is dismissed in so far as it was brought by Mr Francis Weiler;

5. Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler shall bear their own costs in relation to the present instance and four fifths of the costs incurred by the Commission. The Commission shall bear one fifth of its own costs in relation to the present instance;

6. Mr Francis Weiler and the Commission shall bear their own costs in relation to the proceedings before the Civil Service Tribunal.

(1) OJ C 281 of 18.11.2006.
EN Official Journal of the European Union C 285/37

Judgment of the Court of First Instance of 19 September 2008 — Chassagne v Commission

(Case T-253/06 P) (1)

(Appeal - Staff case - Officials - Payment of Annual travel expenses - Official originating from a French Overseas Department (DOM) - Article 8 of Annex VII to the Staff Regulations - Confirmatory Act - Pay slip - Distortion of the facts - Error of law)

(2008/C 285/66)

Language of the case: French

Parties

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by: initially, S. Rodrigues and C. Bernard-Glanx, subsequently, T. Bontinck, lawyers)

Defendant: Commission of the European Communities (represented by: G. Berscheid, V. Joris, Agents, and F. Longfils, lawyer)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Third Chamber) of 29 June 2006 in Case F-11/05 Chassagne v Commission [2006] ECR-SC I-A-65 and II-241) and seeking annulment of that order.

Operative part of the judgment

The Court:

1. Annuls the order of the European Union Civil Service Tribunal (Third Chamber) of 29 June 2006 in Case F-11/05 Chassagne v Commission [2006] ECR-SC I-A-65 and II-241;

2. Refers the case back to the European Union Civil Service Tribunal;

3. Orders that the costs shall be reserved.

(1) OJ C 281, 18.11.2006.
EN Official Journal of the European Union C 272/24

Judgment of the Court of First Instance of 9 September 2008 — Germany v Commission

(Cases T-349/06, T-371/06, T-14/07, T-15/07 and in Case T-332/07) (1)

(ERDF - Reduction of financial assistance - Change in the financing plan without the consent of the Commission - Concept of significant change - Article 24 of Regulation (EEC) No 4253/88 - Actions for annulment)

(2008/C 272/44)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and, in Cases T-349/06, T-371/06, T-14/07 and T-15/07, also by C. Schulze-Bahr, Agents, assisted by C. von Donat, lawyer)

Defendant: Commission of the European Communities (represented by: G. Wilms and L. Flynn, Agents)

Re:

ACTION for the annulment of Decisions C(2006) 4193 final and C(2006) 4194 final of 25 September 2006, Decisions C(2006) 5163 final and C(2006) 5164 final of 3 November 2006 and Decision C(2007) 2619 final of 25 June 2007 reducing the financial assistance from the European Regional Development Fund (ERDF) for Objective 2 1997-1999 of the RESIDER — Nordrhein-Westfalen Operational Programme 1994-1999, for the Operational Programmes for Nordrhein-Westfalen in the framework of the common SME (small and medium-sized enterprises) and RECHAR II initiatives, and for the Operational Programme for Community structural assistance in the Objective 2 regions of Land Nordrhein-Westfalen for the period 1994-1996 respectively.

Operative part of the judgment

The Court:

1. Joins Case T-332/07 to Cases T-349/06, T-371/06, T-14/07 and T-15/07 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 19/26

Judgment of the Court of First Instance of 26 November 2008 — United Kingdom v Commission

(Case T-278/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Butter - Check of the quantity of product obtained - On-the-spot checks - Article 23(2) of Regulation (EC) No 2571/97)

(2009/C 19/48)

Language of the case: English

Parties

Applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by: E. O'Neill and subsequently by I. Rao, Agents, and by H. Mercer, Barrister)

Defendant: Commission of the European Communities (represented by: P. Oliver, acting as Agent)

Re:

Action for annulment in part of Commission Decision 2006/554/EC of 27 July 2006 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 2006 L 218, p. 12), in so far as it excludes certain expenses incurred by the United Kingdom of Great Britain and Northern Ireland in the sector of concentrated butter in the food industry.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 313/29

Judgment of the Court of First Instance of 21 October 2008 — Cassegrain v OHIM (Shape of a bag)

(Case T-73/06) (1)

(Community trade mark - Application for a Community figurative mark - Shape of a bag - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 313/50)

Language of the case: French

Parties

Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y. Coursin and T. van Innis, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2005 (Case R 687/2005-2) concerning the registration of the figurative sign Shape of a bag as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jean Cassegrain SAS to pay the costs.

(1) OJ C 108, 6.5.2006.
EN Official Journal of the European Union C 113/31

Judgment of the Court of First Instance of 17 March 2009 — Laytoncrest v OHIM — Erico (TRENTON)

(Case T-171/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRENTON - Earlier Community word mark LENTON - Right to be heard - Article 73 of Regulation (EC) No 40/94 and Rule 54 of Regulation (EC) No 2868/95 - No withdrawal of the trade mark application - Article 44(1) of Regulation No 40/94 - Obligation to rule on the basis of the available evidence - Rule 20(3) and Rule 50(1) of Regulation No 2868/95)

2009/C 113/63

Language of the case: Greek

Parties

Applicant: Laytoncrest Ltd (London, United Kingdom) (represented by: N. Dontas and P. Georgopoulou, lawyers)

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 Court of First Instance: Erico International Corp. (Solon, Ohio, United States) (represented by: M. Samer, O. Gillert and F. Schiwek, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 April 2006 (Case R 406/2004-2) relating to opposition proceedings between Erico International Corp. and Laytoncrest Ltd.

Operative part of the judgment

The Court of First Instance:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 April 2006 (R 406/2004-2);

2. Orders OHIM to bear its own costs and to pay those incurred by Laytoncrest Ltd;

3. Orders Erico International Corp. to bear its own costs.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 44/44

Judgment of the Court of First Instance of 18 December 2008 — Torres v OHIM — Bodegas Peñalba Lopez (Torre Albéniz)

(Case T-287/06) (1)

(Community trade mark - Opposition procedure - Application for Community figurative mark TG Torre Galatea - Earlier Community word mark TORRES 10 - Relative ground for refusal - No likelihood of confusion)

(2009/C 44/75)

Language of the case: Spanish

Parties

Applicant: Miguel Torres, SA (Vilafranca del Penedés, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bodegas Peñalba Lopez, SL (Aranda de Duero, Spain) (represented by: J. Calderón Chavero, T. Villate Consonni and M. Yañez Manglano, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R-597/2004-2) relating to opposition proceedings between Miguel Torres, SA and Bodegas Peñalba Lopez, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miguel Torres, SA to pay the costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 267/54

Judgment of the Court of First Instance of 23 September 2009 — Phildar v OHIM — Comercial Jacinto Parera (FILDOR)

(Case T-99/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark FILDOR - Earlier national semi-figurative mark PHILDAR - Earlier national word mark FILDOR - Earlier international word and semi-figurative marks PHILDAR - Relative ground for refusal - Likelihood of confusion - Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009)

2009/C 267/91

Language of the case: English

Parties

Applicant: Phildar SA (Roubaix, France) (represented by: E. Baud, 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: Comercial Jacinto Parera SA (Barcelona, Spain)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004-2), relating to opposition proceedings between Phildar SA and Comercial Jacinto Parera, SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2006 (Case R 245/2004-2);

2. Orders OHIM to pay the costs.

(1) OJ C 121, 20.5.2006.
EN Official Journal of the European Union C 180/44

Judgment of the Court of First Instance of 10 June 2009 — Vivartia v OHIM — Kraft Foods Schweiz (milko ΔΕΛΤΑ)

(Case T-204/06) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark milko ΔΕΛΤΑ - Earlier Community figurative mark MILKA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 180/80

Language of the case: English

Parties

Applicant: Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE (Tavros, Greece) (represented by: P.-P. Kanellopoulos and V. Kanellopoulos, lawyers)

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: Kraft Foods Schweiz Holding AG (Zurich, Switzerland) (represented by: T. de Haan and P. Péters, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2006 (Case R 540/2005-2) relating to opposition proceedings between Kraft Foods Schweiz Holding AG and Delta Protypos Viomichania Galaktos AE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis to pay the costs.

(1) OJ C 224, 16.9.2006.
EN Official Journal of the European Union C 179/32

Judgment of the General Court of 20 May 2010 — Germany v Commission

(Case T-258/06) (1)

(Provisions applicable to public procurement - Contract awards not subject, or not subject in full, to the Public Procurement Directives - Interpretative communication of the Commission - Actionable measure - Measure intended to produce legal effects)

2010/C 179/54

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents)

Defendant: European Commission (represented by: X. Lewis and B. Schima, Agents)

Interveners in support of the applicant: French Republic (represented initially by: G. de Bergues, subsequently by G. de Bergues and J.-C. Gracia, and finally by G. de Bergues and J.-S. Pilczer, Agents); Republic of Austria (represented by: M. Fruhmann, C. Pesendorfer and C. Mayr, Agents); Republic of Poland (represented initially by E. Ośniecka-Tamecka, subsequently by T. Nowakowski, subsequently by M. Dowgielewicz, subsequently by M. Dowgielewicz, K. Rokicka and K. Zawisza, and finally by M. Szpunar, Agents); Kingdom of the Netherlands (represented initially by: H. Sevenster, subsequently by C. Wissels and M. de Grave, and finally by C. Wissels, M. de Grave and Y. de Vries, Agents); European Parliament (represented by U. Rösslein and J. Rodrigues, Agents); Hellenic Republic (represented by: D. Tsagkaraki and M. Tassopoulou, Agents); United Kingdom of Great Britain and Northern Ireland (represented initially by: Z. Bryanston-Cross, and subsequently by L. Seeboruth, Agents)

Re:

Action for the annulment of the Commission Interpretative Communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ 2006 C 179, p. 2).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission;

3. Orders the French Republic, the Republic of Austria, the Republic of Poland, the Kingdom of the Netherlands, the European Parliament, the Hellenic Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 11/21

Judgment of the Court of First Instance of 17 November 2009 — MTZ Polyfilms v Council of the European Union

(Case T-143/06) (1)

(Dumping - Imports of polyethylene terephthalate film originating in India - Regulation terminating an interim review - Minimum import price undertakings - Determination of the export price - Application of a methodology different from that used in the initial investigation - Choice of legal basis - Article 2(8) and (9) and Article 11(3) and (9) of Regulation (EC) No 384/96)

2010/C 11/39

Language of the case: English

Parties

Applicant: MTZ Polyfilms Ltd (Mumbai, India) (represented by: P. De Baere, lawyer)

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

Intervener in support of the defendant: Commission of the European Communities (represented by N. Khan and K. Talabér-Ricz, acting as Agents)

Re:

Annulment of Council Regulation (EC) No 366/2006 of 27 February 2006 amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 366/2006 of 27 February 2006 amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India, to the extent that it imposes an anti-dumping duty on MTZ Polyfilms Ltd;

2. Orders the Council of the European Union to bear its own costs and to pay those of MTZ Polyfilms and orders the Commission of the European Communities to bear its own costs.

(1) OJ C 178, 29.7.2006.
EN Official Journal of the European Union C 145/23

Judgment of the General Court of 24 March 2011 — Pegler v Commission

(Case T-386/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Fines - Deterrent effect)

2011/C 145/35

Language of the case: English

Parties

Applicant: Pegler Ltd (Doncaster, United Kingdom) (represented by: R. Thompson QC and A. Collinson, Solicitor)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella and K. Daly, Solicitors)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in so far as it finds that Pegler Ltd participated in the infringement in the period from 31 December 1988 to 29 October 1993;

2. Sets the amount of the fine for which Pegler Ltd is jointly and severally liable under Article 2(h) of Decision C(2006) 4180 at EUR 3,4 million;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 340/15

Judgment of the General Court of 5 October 2011 — Romana Tabacchi v Commission

(Case T-11/06) (1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Participation in the infringement - Duration of the infringement - Fines - Attenuating circumstances - Maximum limit of 10 % of turnover - Equal treatment - Power of unlimited jurisdiction)

2011/C 340/27

Language of the case: Italian

Parties

Applicant: Romana Tabacchi Srl, formerly Romana Tabacchi SpA (Rome, Italy) (represented by: M. Siragusa and G.C. Rizza, lawyers)

Defendant: European Commission (represented initially by É. Gippini Fournier and F. Amato, subsequently by É. Gippini Fournier and V. Di Bucci, and finally by É. Gippini Fournier and L. Malferrari, Agents)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and, in the alternative, for a reduction in the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 1(b) of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) in so far as the European Commission found therein that Romana Tabacchi Srl had participated in the infringement beyond February 1999;

2. Sets the amount of the fine imposed on Romana Tabacchi at EUR 1 million;

3. Dismisses the action as to the remainder;

4. Orders the Commission to bear its own costs and to pay those incurred by Romana Tabacchi;

5. Orders the Commission to bear its own costs and to pay those incurred by Romana Tabacchi in Case T-11/06 R.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 226/21

Judgment of the General Court of 16 June 2011 — Caffaro v Commission

(Case T-192/06) (1)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Fines - Limitation period - Differential treatment - Duration of the infringement - Attenuating circumstances)

2011/C 226/40

Language of the case: Italian

Parties

Applicant: Caffaro Srl (Milan, Italy) (represented by: A. Santa Maria and C. Biscaretti di Ruffia, lawyers)

Defendant: European Commission (represented initially by V. Di Bucci and F. Amato, and subsequently by V. Di Bucci and V. Bottka, Agents)

Re:

Application for annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), in so far as in that decision the Commission imposes a fine jointly and severally on the applicant and SNIA SpA and, in the alternative, a reduction of that fine.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Caffaro Srl to pay the costs.

(1) OJ C 212, 2.9.2006.