ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 313/17

Judgment of the General Court of 13 September 2013 — Cixi Jiangnan Chemical Fiber and Others v Council

(Case T-537/08) (1)

(Dumping - Imports of polyester staple fibres originating in China - Maintenance of anti-dumping duties following a partial interim review - Action for annulment - Direct and individual concern - Admissibility - Equal treatment and non-discrimination - Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009))

2013/C 313/31

Language of the case: English

Parties

Applicants: Cixi Jiangnan Chemical Fiber Co. Ltd (Cixi, China); Cixi Santai Chemical Fiber Co. Ltd (Cixi); Cixi Sansheng Chemical Fiber Co. Ltd (Cixi); Jiangyin Changlong Chemical Fibre Co. Ltd (Jiangyin, China); NingBo Dafa Chemical Fiber Co. Ltd (Cixi); Xiake Color Spinning Co. Ltd (Jiangyin); Zhejiang Waysun Chemical Fiber Co. Ltd (Cixi); and Zhejiang Anshun Pettechs Fibre Co. Ltd (Fuyang, China) (represented initially by J.-F. Bellis, lawyer, and G. Vallera, Barrister, and subsequently by J.-F. Bellis, A. Scalini and F. Di Gianni, lawyers)

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

Intervener in support of the defendant: European Commission (represented initially by M. França and H. van Vliet, and subsequently by M. França and J.-F. Brakeland, Agents)

Re:

Action for annulment of Council Regulation (EC) No 893/2008 of 10 September 2008 maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 247, p. 1), as regards the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible in so far as it has been brought by Cixi Santai Chemical Fiber Co. Ltd, Cixi Sansheng Chemical Fiber Co. Ltd, NingBo Dafa Chemical Fiber Co. Ltd, Zhejiang Waysun Chemical Fiber Co. Ltd and Zhejiang Anshun Pettechs Fibre Co. Ltd;

2. Dismisses the action as unfounded in so far as it has been brought by Cixi Jiangnan Chemical Fiber Co. Ltd, Jiangyin Changlong Chemical Fibre Co. Ltd and Xiake Color Spinning Co. Ltd;

3. Orders Cixi Jiangnan Chemical Fiber, Cixi Santai Chemical Fiber, Cixi Sansheng Chemical Fiber, Jiangyin Changlong Chemical Fibre, NingBo Dafa Chemical Fiber, Xiake Color Spinning, Zhejiang Waysun Chemical Fiber and Zhejiang Anshun Pettechs Fibre to bear their own costs and to pay, jointly and severally, those incurred by the Council of the European Union;

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 156/36

Judgment of the General Court of 12 April 2013 — Tono v Commission

(Case T-434/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/63

Language of the case: English

Parties

Applicant: Tono (Oslo, Norway) (represented by: S. Teigum and A. Ringnes, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and J. Bourke, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:

1. Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Tono;

2. Dismisses the remainder of the action;

3. Orders the European Commission to pay the costs in the main proceedings;

4. Orders Tono and the Commission to each bear their own costs relating to the proceedings for interim relief.

(1) OJ C 313, 6.12.2008.
—

documents were omitted in OLAF’s list of 30 April 2010 or were not communicated to Mr Strack solely on the grounds that he created them, he had them in his possession for the purposes of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the institutions and bodies of the European Union and on the free movement of such data, or another provision, without those documents having been disclosed to the public, or they were not included in the application for access, since they related to exchanges between OLAF and the European Ombudsman, or between OLAF and Mr Strack, and they concerned Mr Strack without being part of the investigation file in question;
EN Official Journal of the European Union C 292/23

Judgment of the General Court of 11 July 2014 — Esso and Others v Commission

(Case T-540/08) (1)

((Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - 2006 Guidelines on the method of setting fines - Duration of the infringement - Equal treatment - Proportionality - Unlimited jurisdiction))

2014/C 292/28

Language of the case: English

Parties

Applicants: Esso Société anonyme française (Courbevoie, France); Esso Deutschland GmbH (Hamburg, Germany); ExxonMobil Petroleum and Chemical BVBA (Antwerp, Belgium); and Exxon Mobil Corp. (West Trenton, New Jersey, United States) (represented by: R. Subiotto QC, R. Snelders, L.-P. Rudolf and M. Piergiovanni, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)

Re:

Application for the partial annulment of Commission decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) and for the reduction of the fine it imposes on the applicants.

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Esso Société anonyme française in Article 2 of Commission Decision C(2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) at EUR 6 2 7 12 895;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay those incurred by Esso Société anonyme française;

4. Orders Esso Deutschland GmbH, ExxonMobil Petroleum and Chemical BVBA and Exxon Mobil Corp. to bear their own costs.

(1) OJ C 44, 21.2.2009.
Official Journal of the European Union

Judgment of the General Court of 1 September 2010 — Skareby v Commission

(Case T-91/09) (1)

(Appeal - Civil Service - Officials - Reports - Career Development Report - 2005 Assessment procedure - Simplified report established for the period from January to September 2005 - Repetition of all the findings in the 2004 Career Development Report partially annulled subsequent to the judgment under appeal)

(2010/C 288/73)

Language of the case: French

Parties

Appellant: Carina Skareby (Louvain, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: European Commission (represented by: G. Berschied and J. Baquero Cruz, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 15 December 2008 in Case F-34/07 Skareby v Commission [2008] ECR II-0000, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets side the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 15 December 2008 in Case F-34/07 Skareby v Commission [2008] ECR I-0000 in so far as the Civil Service Tribunal dismissed the complaint alleging the failure to assess the productivity of Ms Carina Skareby for the period from January to September 2005.

2. Sets aside the decision of 18 July 2006 establishing Ms Skareby’s Career Evaluation Report for the period from January to September 2005 in so far as it concerns paragraph 6.1 entitled ‘Productivity’.

3. Dismisses with respect to the remainder the action brought before the Civil Service Tribunal under case number F-34/07.

4. Orders the European Commission to bear all the costs relating to the present proceedings and those before the Civil Service Tribunal.

(1) OJ C 102 of 1.5.2009.
EN Official Journal of the European Union C 179/38

Judgment of the General Court of 19 May 2010 — Ravensburger v OHIM — Educa Borras (MEMORY)

(Case T-108/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark MEMORY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 75 of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 77 of Regulation (EC) No 207/2009))

2010/C 179/66

Language of the case: English

Parties

Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Educa Borras, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 January 2009 (Case R 305/2008-2), relating to invalidity proceedings between Educa Borras, SA and Ravensburger AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ravensburger AG to pay the costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 30/37

Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)

(Joined Cases T-253/09 and T-254/09) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 30/66

Language of the case: German

Parties

Applicant: Wilo SE (Dortmund, Germany) (represented by: G. Braun, lawyer)

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

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Wilo SE to pay the costs.

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 346/41

Judgment of the General Court of 27 October 2010 — Michalakopoulou Ktimatiki Touristiki v OHIM — Free (FREE)

(Case T-365/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark FREE - Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2010/C 346/81

Language of the case: English

Parties

Applicant: Michalakopoulou Ktimatiki Touristiki AE (Athens, Greece) (represented by: K. Papadiamantis and A. Koliothomas, lawyers)

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, intervening before the General Court: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1346/2008-1) relating to opposition proceedings between Free SAS and Eidikes Ekdoseis AE

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Michalakopoulou Ktimatiki Touristiki AE to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Free SAS in the proceedings before the Court.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 55/21

Judgment of the General Court of 13 January 2011 — Park v OHIM — Bae (PINE TREE)

(Case T-28/09) (1)

(Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009))

2011/C 55/37

Language of the case: German

Parties

Applicant: Mo-Hwa Park (Hillscheid, Germany) (represented by: P. Lee, 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, intervener before the General Court: Chong-Yun Bae (Berlin, Germany) (represented by: A.-K. Warnecke and C. Donle, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Mo-Hwa Park to pay the costs..

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 38/13

Judgment of the General Court of 16 December 2010 — Commission v Arci Nuova associazione comitato di Cagliari and Gessa

(Case T-259/09) (1)

(Arbitration clause - Agreement entered into as part of support for European discussion projects organised by non-governmental organisations for 2003 - Action brought against the head of an association - No jurisdiction - Failure to implement the agreement - Repayment of sums advanced)

2011/C 38/22

Language of the case: Italian

Parties

Applicant: European Commission (represented by: A. M. Rouchaud-Joët and N. Bambara, agents, and by M. Moretto, lawyer)

Defendant: Arci Nuova associazione comitato di Cagliari (Cagliari, Italy) (represented initially by S. Diana, then by P. Aureli, lawyers); and Alberto Gessa (Cagliari, Italy)

Re:

Action brought under Article 238 EC on the basis of an arbitration clause seeking an order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa, in a personal capacity and jointly and severally, should repay an advance paid by the Commission under the agreement 2003-1550/001-001, together with late payment interest.

Operative part of the judgment

The Court:

1. dismisses the action so far as brought against Mr Alberto Gessa;

2. orders Arci Nuova associazione comitato di Cagliari to repay to the European Commission the principal sum of EUR 15 675, together with late payment interest at the rate of 7,32 % from 20 May 2007 until full payment of the debt;

3. orders Arci Nuova associazione comitato di Cagliari to pay the costs.

(1) OJ C 220 of 12.9.2009.
EN Official Journal of the European Union C 145/24

Judgment of the General Court of 29 March 2011 — Portugal v Commission

(Case T-33/09) (1)

(Non-compliance with a judgment of the Court of Justice establishing a failure to fulfil obligations - Penalty payment - Claim for payment - Repeal of the legislation at issue)

2011/C 145/39

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes and J.A. de Oliveira, Agents)

Defendant: European Commission (represented by: M. Konstantinidis, P. Guerra e Andrade and P. Costa de Oliveira, Agents)

Re:

APPLICATION for annulment of Commission Decision C(2008) 7419 final of 25 November 2008, requiring payment of the penalty payments due pursuant to the judgment of the Court of Justice in Case C-70/06 Commission v Portugal [2008] ECR I-1

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2008) 7419 final of 25 November 2008;

2. Orders the European Commission to pay the costs.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 103/21

Judgment of the General Court of 17 February 2011 — Formula One Licensing v OHIM — Global Sports Media (FI-LIVE)

(Case T-10/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark F1-LIVE - Earlier Community figurative marks, and national and international word marks, F1 and F1 Formula 1 - Opposition rejected by the Board of Appeal - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

2011/C 103/36

Language of the case: English

Parties

Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented by: B. Klingberg and K. Sandberg, lawyers)

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: Global Sports Media Ltd (Hamilton, Bermuda) (represented by: T. de Haan and J.-J. Evrard, and subsequently by T. de Haan, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 7/2008-1) concerning opposition proceedings between Racing-Live SAS and Formula One Licensing BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Formula One Licensing BV to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 186/22

Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights with a black aeroplane)

(Case T-461/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights with a black aeroplane - Earlier international figurative mark CheapFlights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 186/41

Language of the case: English

Parties

Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cheapflights Ltd (London, United Kingdom) (represented by: M. Edenborough, QC)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1607/2007-4), relating to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 August 2009 (Case R 1607/2007-4);

2. Dismisses the action as to the remainder;

3. Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 160/17

Judgment of the General Court of 14 April 2011 — Netherlands v Commission

(Case T-70/09) (1)

(ERDF - Single programming document for the Groningen-Drenthe region - Decision on the reduction of the aid and ordering partial reimbursement of the amounts paid - Obligation to state reasons - Article 23(1) and Article 24(1) and (2) of Regulation (EEC) No 4253/88)

2011/C 160/22

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: C. Wissels and M. Noort, acting as Agents)

Defendant: European Commission (represented by: W. Roels and A. Steiblyte, acting as Agents)

Re:

Action for annulment in part of Commission Decision C(2008) 8355 of 11 December 2008 on the reduction of the aid from the European Regional Development Fund (ERDF) within the framework of the single programming document no 97.07.13.003 coming under objective 2 for the Groningen-Drenthe region, granted in accordance with Commission Decision 97/711/EC of 26 May 1997.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 90, 18.04.2009.
EN Official Journal of the European Union C 232/25

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)

(Case T-477/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/44

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 1008/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1008/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.