ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 184/9

Judgment of the General Court of 8 May 2012 — Dow Chemical v Council

(Case T-158/10) (1)

(Dumping - Imports of ethanolamines originating in the United States - Definitive anti-dumping duty - Expiry of anti-dumping measures - Review - Likelihood of a continuation or recurrence of dumping - Article 11(2) of Regulation (EC) No 1225/2009)

2012/C 184/15

Language of the case: English

Parties

Applicant: The Dow Chemical Company (Midland, Michigan, United States) (represented: initially by J.-F. Bellis, R. Luff and V. Hahn, and subsequently by J.-F. Bellis and R. Luff, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, R. Szostak and B. Driessen, Agents, and by G. Berrisch, lawyer, and N. Chesaites, barrister)

Intervening party in support of the defendant: European Commission, (represented: initially by H. van Vliet and M. França, and subsequently by M. França and A. Stobiecka-Kuik, Agents)

Re:

Application for partial annulment of Council Implementing Regulation (EU) No 54/2010 of 19 January 2010 imposing a definitive anti-dumping duty on imports of ethanolamines originating in the United States of America (OJ 2010 L 17, p. 1)

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 54/2010 of 19 January 2010 imposing a definitive anti-dumping duty on imports of ethanolamines originating in the United States of America in so far as it concerns The Dow Chemical Company;

2. Orders the Council of the European Union to bear its own costs and to pay those of The Dow Chemical Company;

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

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 243/17

Judgment of the General Court of 27 June 2012 — Interkobo v OHIM — XXXLutz Marken (my baby)

(Case T-523/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark my baby - Earlier national and international word marks MYBABY and earlier national figurative mark mybaby - Relative ground for refusal - Failure to produce evidence in the language of the opposition proceedings - Legitimate expectation - Rules 19(3), 20(1) and 98(1) of Regulation (EC) No 2868/95)

2012/C 243/33

Language of the case: German

Parties

Applicant: Interkobo sp. z o.o. (Łódź (Poland)) (represented by: R. Skubisz and K. Ziemski, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: XXXLutz Marken GmbH (Wels (Austria)) (represented by: H. Pannen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2010 (Case R 88/2009-4) relating to opposition proceedings between Interkobo sp. Z o.o. and XXXLutz Marken GmbH

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Interkobo sp. z o.o. to pay the costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 217/20

Judgment of the General Court of 13 June 2012 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (HELLIM)

(Case T-534/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark HELLIM - Earlier Community collective word mark HALLOUMI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Article 63(2) of Regulation No 207/2009)

2012/C 217/41

Language of the case: German

Parties

Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Nicosia, Cyprus) (represented initially by: C. Milbradt and H. Van Volxem, and subsequently by C. Milbradt and A. Schwarz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Garmo AG (Stuttgart, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 (Case R 794/2010-4), concerning opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Organismos Kypriakis Galaktokomikis Viomichanias to pay the costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 343/14

Judgment of the General Court of (Sixth Chamber) of 20 September 2012 — France v Commission

(Case T-154/10) (1)

(State aid - Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment - Decision declaring the aid incompatible with the internal market - Action for annulment - Interest in bringing proceedings - Admissibility - Burden of proving the existence of State aid - Advantage)

2012/C 343/21

Language of the case: French

Parties

Applicant: French Republic (represented: initially by E. Belliard, G. de Bergues, B. Beaupère-Manokha, J. Gstalter and S. Menez, and subsequently by E. Belliard, G. de Bergues, J. Gstalter and S. Menez, acting as Agents)

Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Re:

Application for annulment of Commission Decision 2010/605/EU of 26 January 2010 on State aid C 56/07 (formerly E 15/05) granted by France to La Poste (OJ 2010 L 274, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 319/8

Judgment of the General Court of 12 September 2012 — Ertmer v OHIM

(Case T-566/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark erkat - Earlier Community and national word and figurative marks CAT - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (E) No 207/2009 - Obligation to state reasons)

2012/C 319/12

Language of the case: German

Parties

Applicant: Jutta Ertmer (Tastungen, Germany) (represented by: A. von Mühlendahl and C. Eckhartt, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Caterpillar, Inc. (Peoria, Illinois, United States) (represented by: A. Renck, V. von Bomhard and E. Nicolás Gómez, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 September 2010 (Case R 270/2010-1) relating to invalidity proceedings between Caterpillar, Inc. and Jutta Ertmer.

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 7 September 2010 (Case R 270/2010-1);

2. Dismisses the action as to the remainder;

3. Orders OHIM and Caterpillar, Inc. to pay the costs

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 379/22

Judgment of the General Court of 25 October 2012 — IDT Biologika v Commission

(Case T-503/10) (1)

(Public supply contracts - Call for tenders - Supply in Serbia of rabies vaccines - Rejection of a submitted tender - Award of the contract to another tenderer)

2012/C 379/37

Language of the case: German

Parties

Applicant: IDT Biologika GmbH (Dessau-Roßlau, Germany) (represented by: R. Gross, T. Kroupa, T. Drosdziok and F. Ahr, lawyers)

Defendant: European Commission (represented by: F. Erlbacher and T. Scharf, agents)

Re:

Annulment of the decision dated 10 August 2010 of the European Union delegation in the Republic of Serbia (OJ 2010/S 192-293332) awarding the contract in the call for tenders EuropeAid/129809/C/SUP/RS for the supply of rabies vaccines for vaccination campaigns in Serbia to the consortium directed by the company Bioveta a.s. and rejecting the tender submitted by the applicant.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders IDT Biologika GmbH to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 355/24

Judgment of the General Court of 4 October 2012 — Greece v Commission

(Case T-215/10) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cotton - Aid to the least well-off - Rural development - Effectiveness of supervision - Proportionality)

2012/C 355/51

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented: initially by I. Khalkias, G. Skiani and E. Leftheriotou, subsequently I. Khalkias, E. Leftheriotou and X. Basakou, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, acting as Agents, assisted by N. Korogiannakis, lawyer)

Re:

Annulment of Commission Decision 2001/152/EU of 11 March 2010 excluding from Community financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGGF), Guarantee Section of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 63, p. 7) as Decision 2001/152/EU, in so far as it excludes certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 114/32

Judgment of the General Court of 7 March 2013 — Acino v Commission

(Case T-539/10) (1)

(Medicinal products for human use - Suspension of the placing on the market and withdrawal of medicinal products containing the active ingredient Clopidogrel - Variation of the authorisation to place on the market - Prohibition from placing medicinal products on the market - Regulation (EC) No 726/2004 and Directive 2001/83/EC - Proportionality - Obligation to state reasons)

2013/C 114/51

Language of the case: German

Parties

Applicant: Acino AG, formerly Acino Pharma GmbH (Miesbach, Germany) (represented by: R. Buchner and E. Burk, lawyers)

Defendant: European Commission (represented by: initially by: A. Sipos, G. Wilms, B.-R. Killmann and M. Šimerdová, subsequently by: B.-R. Killmann and M. Šimerdová, acting as Agents)

Re:

Application for annulment of the Commission decisions of 29 March and 16 September 2010 relating to the suspension of the placing on the market of medicinal products for human use containing the active ingredient Clopidogrel manufactured on a certain site, to the withdrawal of batches of those medicinal products from the market, to the variation of the authorisation to place those medicinal products on the market and prohibition from placing them on the market

Operative part of the judgment

The Court:

1. Rules that it is not necessary to give judgment on the application to the extent that it is directed against Commission Decisions C(2010) 2204 and C(2010) 2208 of 29 March 2010, and against Commission Decisions C(2010) 6429 and C(2010) 6436 of 16 September 2010;

2. Dismisses the action as to the remainder;

3. Orders Acino AG to pay the costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 71/15

Judgment of the General Court of 29 January 2013 — Cosepuri v EFSA

(Joined Cases T-339/10 and T-532/10) (1)

(Public service contracts - Tender procedure - Shuttle service in Italy and Europe - Tenderer’s bid rejected - Decision to award the contract to another tenderer - Non-contractual liability - Access to documents - Regulation (EC) No 1049/2001 - Bid of the successful tenderer - Access refused - Exception relating to the protection of the commercial interests of a third party)

2013/C 71/22

Language of the case: Italian

Parties

Applicant: Cosepuri Soc. Coop. pA (Bologna, Italy) (represented by: F. Fiorenza, lawyer)

Defendant: European Food Safety Authority (EFSA) (represented by: D. Detken and S. Gabbi, acting as Agents, and J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application for annulment relating to tender procedure CFT/EFSA/FIN/2010/01 for the award of a shuttle service contract in Italy and Europe (OJ 2010/S 51-074689), together with a claim for damages (Case T-339/10), and an application for annulment of EFSA’s decision of 15 September 2010 refusing to grant the applicant access to the bid of the successful tenderer in the tender procedure in question (Case T-532/10)

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Cosepuri Soc. Coop. pA to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 178/8

Judgment of the General Court of 7 May 2013 — macros consult v OHIM — MIP Metro (makro)

(Case T-579/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark makro - Company name macros consult GmbH - Right acquired prior to the application for registration of a Community trade mark and entitling its holder to prohibit the use of the Community trade mark applied for - Non-registered signs protected under German law - Article 5 of the Markengesetz - Article 8(4), Article 53(1)(c), and Article 65 of Regulation (EC) No 207/2009)

2013/C 178/13

Language of the case: German

Parties

Applicant: macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie (Ottobrunn, Germany) (represented initially by T. Raible, and subsequently by M. Daubenmerkl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by R. Manea, and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by J.-C. Plate and R. Kaase, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 October 2010 (Case R 339/2009-4) relating to invalidity proceedings between macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie and MIP Metro Group Intellectual Property GmbH & Co. KG.

Operative part

The Court:

1. Dismisses the action;

2. Orders macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie to pay the costs.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 147/16

Judgment of the General Court of 11 April 2013 — CBp Carbon Industries v OHIM (CARBON GREEN)

(Case T-294/10) (1)

(Community trade mark - International registration designating the European Community - Community word mark CARBON GREEN - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2013/C 147/26

Language of the case: English

Parties

Applicant: CBp Carbon Industries, Inc. (Tortola, British Virgin Islands, United Kingdom) (represented by: S. Malynicz, Barrister, and J. Fish, Solicitor)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1361/2009-1), concerning an application for registration of the word sign CARBON GREEN as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CBp Carbon Industries, Inc. to pay the costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 304/9

Judgment of the General Court of 11 September 2013 — L v Parliament

(Case T-317/10 P) (1)

(Appeals - Staff cases - Members of the temporary staff - Contract for an indefinite period - Decision to dismiss - Obligation to state reasons - Loss of trust)

2013/C 304/18

Language of the case: Lithuanian

Parties

Appellant: L (Luxembourg, Luxembourg) (represented: initially by A. Sèbe and V. Sviderskis and subsequently by A. Sèbe, lawyers)

Other party to the proceedings: European Parliament (represented: initially by S. Seyr, K. Zejdová and L. Mašalaitė-Chouteau, subsequently by S. Seyr, K. Zejdová and S. Milius, and finally by S. Seyr and S. Alves, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union [confidential], (2) seeking to have that judgment set aside

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union [confidential] in so far as it did not rule on the plea alleging infringement of the principle of impartiality, rejected the plea alleging factual inaccuracy and a manifest error of assessment and held that the appellant had not claimed that the Parliament should be ordered to pay the costs;

2. Dismisses the appeal as to the remainder;

3. Dismisses the action brought by Mr L before the Civil Service Tribunal in Case [confidential] as to the remainder;

4. Orders each party to bear its own costs relating both to the first instance proceedings and the appeal proceedings.

(1) OJ C 340, 19.11.2011.

(2) Confidential data omitted.
EN Official Journal of the European Union C 352/12

Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission

(Case T-474/10) (1)

(Public service contracts - Tender procedure - External service provision for development, studies and support for information systems (ESP DESIS II) - Classification of a tenderer - Award of the contract - Obligation to state reasons - Transparency - Equal treatment - Manifest error of assessment - Non-contractual liability)

2013/C 352/22

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens (Greece)) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers,)

Defendant: European Commission (represented initially by: N. Bambara and S. Delaude, and subsequently by S. Delaude, acting as Agents, and by O. Graber-Soudry, Solicitor,)

Re:

Application, first, for annulment of four Commission decisions communicated in four separate letters of 16 July 2010 to classify the applicant’s tender submitted in the context of the call for tenders DIGIT/R2/PO/2009/045, concerning ‘External service provision for development, studies and support for information systems’ (ESP DESIS II) (OJ 2009/S 198-283663), for Lot 1A in second place, for Lot 1B in third place, for Lot 1C in second place and for Lot 3 in third place, and also of all the related decisions of the Commission’s Directorate General for Informatics, including the decisions to award the respective contracts to the tenderers classified in first and second places; and, second, for damages,

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 325/30

Judgment of the General Court of 16 September 2013 — Roca v Commission

(Case T-412/10) (1)

(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Attributability of the unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Mitigating circumstances - Economic crisis - 2002 Leniency Notice - Reduction of the fine - Significant added value)

2013/C 325/50

Language of the case: Spanish

Parties

Applicant: Roca (Saint Ouen l’Aumône, France) (represented by: P. Vidal Martínez, lawyer)

Defendant: European Commission (represented: initially by F. Castillo de la Torre, A. Antoniadis and F. Castilla Contreras, and subsequently by F. Castillo de la Torre, A. Antoniadis and F. Jimeno Fernández, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures), and for reduction of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Annuls Article 2(4)(b) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures) in so far as the European Commission set the amount of the fine to be imposed on Roca jointly and severally without taking account of its cooperation;

2. Sets the amount of the fine imposed on Roca in Article 2(4)(b) of Decision C(2010) 4185 final at EUR 6 298 000;

3. Dismisses the action as to the remainder;

4. Orders the Commission to pay one third of the costs incurred by Roca and to bear its own costs;

5. Orders Roca to bear two thirds of its own costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 292/27

Judgment of the General Court of 11 July 2014 — DTS Distribuidora de Televisión Digital v Commission

(Case T-533/10) (1)

((State aid - Public service broadcasting - Aid planned by Spain for RTVE - Alteration of the funding scheme - Replacement of advertising revenues by new taxes on television and telecommunication operators - Decision declaring the new funding scheme compatible with the internal market - Fiscal measure constituting the method by which the aid measure is financed - Tax necessarily hypothecated to the aid - Direct impact of the revenue of the tax on the amount of the aid - Proportionality))

2014/C 292/32

Language of the case: Spanish

Parties

Applicant: DTS Distribuidora de Televisión Digital, SA (Tres Cantos, Spain) (represented by: H. Brokelmann and M. Ganino, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and C. Urraca Caviedes, acting as Agents)

Interveners in support of the applicant: Telefónica de España, SA (Madrid, Spain); and Telefónica Móviles España, SA (Madrid) (represented by: F. González Díaz and F. Salerno, lawyers)

Interveners in support of the defendant: Kingdom of Spain (represented initially by J. Rodríguez Cárcamo and M. Muñoz Pérez, subsequently by M. Muñoz Pérez, subsequently by S. Centeno Huerta and N. Díaz Abad, subsequently by N. Díaz Abad, and lastly by M. Sampol Pucurull, abogados del Estado); and Corporación de Radio y Televisión Española, SA (RTVE) (Madrid) (represented by: A. Martínez Sánchez and J. Rodríguez Ordóñez, lawyers)

Re:

Application for the annulment of Commission Decision 2011/1/EU of 20 July 2010 on the State aid scheme C 38/09 (ex NN 58/09) which Spain is planning to implement for Corporación de Radio y Televisión Española (RTVE) (OJ 2011 L 1, p. 9).

Operative part of the judgment

1. The action is dismissed.

2. DTS Distribuidora de Televisión Digital, SA shall bear its own costs, including those relating to the application for interim measures, the costs of Corporación de Radio y Televisión Española, SA (RTVE), including those relating to the application for interim measures, and the costs of the European Commission, including those relating to the application for interim measures, excluding the costs incurred by the latter due to the intervention of Telefónica de España, SA and Telefónica Móviles España, SA.

3. Telefónica de España and Telefónica Móviles España shall bear their own costs and pay, jointly, the costs incurred by the Commission due to their intervention.

4. The Kingdom of Spain shall bear its own costs, including those relating to the application for interim measures.

(1) OJ C 30, 29.1.2011.