ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 373/5

Judgment of the General Court of 17 October 2012 — Evropaïki Dynamiki v Court of Justice

(Case T-447/10) (1)

(Public service contracts - Tender procedure - Provision of services for the maintenance, development and support of computer applications - Rejection of the applicant’s tenders and award of the contracts to another tenderer - Selection criteria - Award criteria - Obligation to state reasons - Non-contractual liability)

2012/C 373/08

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: Court of Justice of the European Union (represented by: T. Lefèvre, Agent)

Re:

Application, first, for annulment of the decision of the Court of Justice of 12 July 2010 by which it rejected the applicant’s tenders for lots 1 and 2 in invitation to tender CJ 7/09 of 11 November 2009 for the maintenance, development and support of computer applications (OJ 2009, S 217-312293) and of all further related decisions of the Court of Justice, including the decision to award the respective contracts to the successful contractors, and second, for damages.

Operative part of the judgment

The Court:

1. Annuls the decision of the Court of Justice of the European Union of 12 July 2010 rejecting the tenders submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tender procedure CJ 7/09 of 11 November 2009 for the maintenance, development and support of computer applications and awarding the contracts to other tenderers;

2. Dismisses the action as to the remainder;

3. Orders the Court of Justice to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 355/26

Judgment of the General Court of 3 October 2012 –Yilmaz v OHIM — Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO)

(Case T-584/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark TEQUILA MATADOR HECHO EN MEXICO - Earlier national and international word marks MATADOR - Relative ground for refusal - No likelihood of confusion - No similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 355/55

Language of the case: English

Parties

Applicant: Mustafa Yilmaz (Stuttgart, Germany) (represented: initially by F. Kuschmirek, and subsequently by F. Stangl, lawyers)

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, intervener before the General Court: Tequila Cuervo, SA de CV (Tlaquepaque, Jalisco, Mexico) (represented by: S. Salvetti, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 October 2010 (Case R 1162/2009-2), concerning opposition proceedings between Mustafa Yilmaz and Tequila Cuervo, SA de CV.

Operative part of the judgment

The Court:

1. Holds that it is unnecessary to adjudicate on the action in so far as it seeks the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 October 2010 (Case R 1162/2009-2) in so far as it accepted registration of the mark applied for in respect of ‘alcoholic beverages’;

2. Dismisses the action as to the remainder;

3. Orders Mustafa Yilmaz to bear his own costs and to pay those incurred by OHIM and by Tequila Cuervo, SA de CV.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 114/30

Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Rütgers Germany GmbH and Others v ECHA

(Case T-94/10) (1)

(REACH - Identification of anthracene oil as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)

2013/C 114/47

Language of the case: English

Parties

Applicants: Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV (Zelzate, Belgium); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA (Oviedo, Spain) and Bilbaí (Castrop-Rauxel, Germany)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana,)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)

Re:

Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil (EC No 292-602-7) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, in accordance with Article 59 of REACH

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Industrial Química del Nalón, SA and Bilbaína de Alquitranes, SA to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 55/9

Judgment of the General Court of 15 January 2013 — Aiscat v Commission

(Case T-182/10) (1)

(State aid - Direct concession for the construction and subsequent management of a section of motorway - Decision to take no further action on the complaint - Action for annulment - Actionable measure - Locus standi - Individual concern - Admissibility - Definition of aid - State resources)

2013/C 55/14

Language of the case: Italian

Parties

Applicant: Associazione italiana delle società concessionarie per la costruzione e l’esercizio di autostrade e trafori stradali (Aiscat) (Rome, Italy) (represented by: M. Maresca, lawyer)

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

Intervener in support of the defendant: Concessioni Autostradali Venete — CAV SpA (represented by: C. Malinconico and P. Clarizia, lawyers)

Re:

Application for the annulment of the Commission’s decision of 10 February 2010 rejecting a complaint lodged by the applicant concerning the alleged unlawful State aid granted by the Italian Republic to CAV.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Associazione italiana delle società concessionarie per la costruzione e l’esercizio di autostrade e trafori stradali (Aiscat) to bear half of its own costs and to pay half of the costs incurred by the European Commission and all of the costs incurred by Concessioni autostradali Venete — CAV SpA.

3. Orders the Commission to bear half of its own costs and to pay half of the costs incurred by Aiscat.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 156/38

Judgment of the General Court of 19 April 2013 — Adelholzener Alpenquellen v OHIM (Shape of a bottle with an embossed pattern)

(Case T-347/10) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bottle with an embossed pattern - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of declaration as to the scope of the protection - Article 37(2) of Regulation No 207/2009 - Infringements of the rights of the defence - Second sentence of Article 75 of Regulation No 207/2009)

2013/C 156/67

Language of the case: German

Parties

Applicant: Adelholzener Alpenquellen GmbH (Siegsdorf, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner and subsequently by: A. Schifko, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1516/2009-1) concerning an application for registration of a three-dimensional sign consisting of the shape of a bottle with an embossed pattern as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Adelholzener Alpenquellen GmbH to pay the costs..

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 129/15

Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a bag)

(Case T-410/10) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a bag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95)

2013/C 129/29

Language of the case: Italian

Parties

Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1539/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a bag as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bottega Veneta International Sàrl to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 325/27

Judgment of the General Court of 16 September 2013 — Wabco Europe and Others v Commission

(Case T-380/10) (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 - Distortion of competition - Proof - Calculation of the fine - Cooperation during the administrative procedure - 2002 Leniency Notice - Immunity from fines - Reduction of the fine - Significant added value - 2006 Guidelines on the method of setting fines - Principle of non-retroactivity)

2013/C 325/45

Language of the case: English

Parties

Applicants: Wabco Europe (Brussels, Belgium); Wabco Austria GesmbH (Vienna, Austria); Trane Inc. (Piscataway, New Jersey, United States); Ideal Standard Italia Srl (Milan, Italy); Ideal Standard GmbH (Bonn, Germany) (represented by: S. Völcker, F. Louis, A. Israel, N. Niejahr, lawyers, C. O’Daly, E. Batchelor, Solicitors, and F. Carlin, Barrister)

Defendant: European Commission (represented by: F. Castillo de la Torre, F. Ronkes Agerbeek and G. Koleva, acting as Agents)

Re:

Application for annulment 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 it concerns the applicants, and for reduction of the fines imposed on them.

Operative part of the judgment

The Court:

1. Annuls points (3) and (4) of Article 1(1) 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 makes a finding of infringement against Trane Inc., Wabco Europe and Ideal Standard Italia Srl in respect of a cartel on the Italian market for ceramics for a period other than the period from 12 May 2000 to 9 March 2001;

2. Sets the amount of the fine imposed on Trane in Article 2(3)(a) of Decision C(2010) 4185 final at EUR 92 664 493;

3. Sets the amount of the fine imposed jointly and severally on Wabco Europe and Trane in Article 2(3)(b) of Decision C(2010) 4185 at EUR 15 820 767;

4. Sets the amount of the fine imposed jointly and severally on Ideal Standard Italia, Wabco Europe and Trane in Article 2(3)(e) of Decision C(2010) 4185 at EUR 4 520 220;

5. Dismisses the action as to the remainder;

6. Orders the Commission to pay half of the costs incurred by Wabco Europe, Wabco Austria GesmbH, Trane, Ideal Standard Italia and Ideal Standard GmbH and to bear its own costs;

7. Orders Wabco Europe, Wabco Austria, Trane, Ideal Standard Italia and Ideal Standard to bear half of their own costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 352/11

Judgment of the General Court of 16 October 2013 — Italy v Commission

(Case T-248/10) (1)

(Languages - Notice of open competition for the recruitment of administrators - Choice of second language from three languages - Regulation No 1/58 - Article 1d(1), Article 27, first paragraph, and Article 28(f) of the Staff Regulations - Article 1(1)(f) of Annex III to the Staff Regulations - Obligation to state reasons - Principle of non-discrimination)

2013/C 352/19

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented initially by J. Currall, J. Baquero Cruz and B. Eggers, subsequently by J. Currall and G. Gattinara, acting as Agents)

Re:

Action for annulment of the notice of open competition EPSO/AD/177/10 — Administrators (AD 5), in the fields of European Public Administration, Law, Economics, Audit, and Information and Communication Technology (ICT) (OJ 2010 C 64A, p. 1)

Operative part of the judgment

The Court:

1. Annuls the notice of open competition EPSO/AD/177/10 — Administrators (AD 5), in the fields of European Public Administration, Law, Economics, Audit, and Information and Communication Technology (ICT);

2. Orders the European Commission to pay, in addition to its own costs, those incurred by the Italian Republic.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 325/28

Judgment of the General Court of 16 September 2013 — Zucchetti Rubinetteria v Commission

(Case T-396/10) (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 - Concept of infringement - Single infringement - Relevant market - 2006 Guidelines on the method of setting fines - Gravity - Multipliers)

2013/C 325/47

Language of the case: Italian

Parties

Applicant: Zucchetti Rubinetteria SpA (Gozzano, Italy) (represented by: M. Condinanzi, P. Ziotti and N. Vasile, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Antoniadis and L. Malferrari, acting as Agents, assisted initially by F. Ruggeri Laderchi and A. De Matteis, and subsequently by F. Ruggeri Laderchi, lawyers)

Re:

Application for annulment 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 it concerns the applicant, and, in the alternative, for cancellation or reduction of the fine imposed on it.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zucchetti Rubinetteria SpA to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 253/24

Judgment of the General Court of 18 June 2014 — Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (RIPASSA)

(Case T-595/10) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark RIPASSA - Earlier national word mark VINO DI RIPASSO - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Obligation to state reasons))

2014/C 253/33

Language of the case: Italian

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, 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 first Board of Appeal of OHIM of 30 September 2010 (Case R 63/2010-1) relating to opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Mr Alberto Zenato

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 30 September 2010 (Case R 63/2010-1);

2. Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal.

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 78/6

Judgment of the General Court of 6 February 2014 — Arkema France v Commission

(Joined Cases T-23/10 and T-24/10) (1)

(Competition - Agreements, decisions and concerted practices - European markets in tin heat stabilisers and ESBO/esters heat stabilisers - Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement - Fines - Duration of the infringement - Limitation - Legitimate interest in finding that an infringement was committed - Application for variation - Amount of the fines - Duration of the infringements - Unlimited jurisdiction)

2014/C 78/11

Language of the case: English

Parties

Applicants: Arkema France (Colombes, France) (represented initially by J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer, and subsequently by J. P. Gunther and C. Breuvart, lawyers) (Case T-23/10); and CECA SA (La Garenne-Colombes, France) (represented initially by J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer, and subsequently by J.-P. Gunther and C. Breuvart, lawyers) (Case T-24/10)

Defendant: European Commission (represented by: K. Mojzesowicz, F. Ronkes Agerbeek and J. Bourke, Agents, and by J. Holmes, Barrister)

Re:

Applications for annulment of 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), or, in the alternative, for a reduction of the fines imposed on the applicants.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Arkema France and CECA SA to pay the costs.

(1) OJ C 80, 27.3.2010.
Case T-404/10 RENV: Judgment of the General Court of 30 June 2015 — National Lottery Commission v OHIM — Mediatek Italia and De Gregorio (Community figurative mark representing a hand) (Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law)

Judgment of the General Court of 30 June 2015 — National Lottery Commission v OHIM — Mediatek Italia and De Gregorio (Community figurative mark representing a hand)

(Case T-404/10 RENV) ( 1 )

‛(Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law)’

Parties

Applicant: Gambling Commission, formerly National Lottery Commission (Birmingham, United Kingdom) (represented by: R. Cardas, lawyer, and B. Brandreth, Barrister)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy), Giuseppe De Gregorio (Naples)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission.

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 9 June 2010 (Case R 1028/2009-1);

2) Orders OHIM to pay the costs.

( 1 ) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 34/24

Judgment of the General Court of 9 December 2014 — Alfa Acciai v Commission

(Case T-85/10) (1)

((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Misuse of powers - Rights of the defence - Single and continuous infringement - Fines - Fixing of the starting amount - Extenuating circumstances - Duration of the administrative procedure))

(2015/C 034/26)

Language of the case: Italian

Parties

Applicant: Alfa Acciai SpA (Brescia, Italy) (represented by: D. Fosselard, S. Amoruso and L. Vitolo, lawyers)

Defendant: European Commission (represented by: R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by P. Manzini, lawyer)

Re:

Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it finds that the applicant infringed Article 65 CS and imposes upon it a fine of EUR 7,175 million, or in the alternative application for a reduction in the amount of that fine.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alfa Acciai SpA to pay the costs.

(1) OJ C 100, 17.4.2010.