ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 128/31

Judgment of the Court of First Instance of 15 April 2008 — SIDE v Commission

(Case T-348/04) (1)

(State aid - Export aid in the book sector - Failure to give prior notification - Article 87(3)(d) EC - Temporal scope of Community law - Method of calculating the amount of the aid)

(2008/C 128/66)

Language of the case: French

Parties

Applicant: Société internationale de diffusion and d'édition SA (SIDE) (Vitry-sur-Seine, France) (represented by: N. Coutrelis and V. Giacobbo, lawyers)

Defendant: Commission of the European Communities (represented by: J.-P. Keppenne, Agent)

Intervener in support of the defendant: French Republic (represented by: G. de Bergues and S. Ramet initially and, subsequently, by G. de Bergues and A.-L. Vendrolini, Agents)

Re:

APPLICATION for annulment of the last sentence of Article 1 of Commission Decision 2005/262/EC of 20 April 2004 on the aid implemented by France in favour of the Coopérative d'exportation du livre français (CELF) (OJ 2005 L 85, p. 27).

Operative part of the judgment

The Court:

1. Annuls the last sentence of Article 1 of the Commission's Decision of 20 April 2004 on the aid implemented by France in favour of the Coopérative d'exportation du livre français (CELF).

2. Orders the Commission to bear its own costs and those of the Société internationale de diffusion et d'édition SA (SIDE).

3. Orders the French Republic to bear its own costs.

(1) OJ C 262, 23.10.2004.
—

the decision of the appointing authority to award the applicant a total of 20 points under the 2003 promotion exercise, notified on 16 December 2003; the merit list of officials in grade A5 under the 2003 promotion exercise, published in Administrative Notices No 6-2003 of 13 November 2003; the list of officials promoted to grade A4 under the 2003 exercise, published in Administrative Notices No 73-2003 of 27 November 2003; and the decision not to enter the applicant’s name on those lists;
EN Official Journal of the European Union C 313/23

Judgment of the Court of First Instance of 15 October 2008 — Potamianos v Commission

(Case T-160/04) (1)

(Staff case - Temporary staff - Failure to renew a fixed-term contract)

(2008/C 313/41)

Language of the case: French

Parties

Applicant: Gerasimos Potamianos (Grimbergen, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: J. Currall and H. Tserepa-Lacombe, Agents)

Re:

Application for annulment of the decision of the authority authorised to conclude contracts of employment not to renew the applicant's contract as a member of the temporary staff.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Gerasimos Potamianos and the Commission to each bear their own costs.

(1) OJ C 168, 26.6.2004.
EN Official Journal of the European Union C 319/11

Judgment of the General Court of 20 September 2011 — Arch Chemicals and Others v Commission

(Joined Cases T-400/04, T-402/04 to T-404/04) (1)

(Health policy - Placing on the market of biocidal products - Identification of active substances on the market - Decision refusing amendment of certain provisions of the legislation - Actions for failure to act - Obligation to act - Actions for annulment - Not individually concerned - Inadmissibility)

2011/C 319/20

Language of the case: English

Parties

Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States); Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom) (Case T-400/04); Rhodia UK Ltd, formerly Rhodia Consumer Specialities Ltd (Watford, Hertfordshire, United Kingdom) (Case T-402/04); Sumitomo Chemical (UK) plc (London, United Kingdom) (Case T-403/04); Troy Chemical Co. BV (Vlaardingen, Netherlands) (Case T-404/04); (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented by: X. Lewis and D. Recchia, and subsequently by P. Oliver and G. Wilms, acting as Agents)

Re:

Action, firstly, seeking a declaration of the Commission’s failure to act in that it unlawfully refrained from amending certain provisions of Commission Regulation (EC) No 1896/2000 of 7 September 2000 on the first phase of the programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council on biocidal products (OJ 2000 L 228, p. 6) and of Commission Regulation (EC) No 2032/2003 of 4 November 2003 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8 and amending Regulation (EC) No 1896/2000 (OJ 2003 L 307, p. 1) and, in the alternative, action for annulment of the Commission’s letter of 20 July 2004 refusing to grant the applicants’ requests and, secondly, action for compensation for the loss which the applicants suffered as a result of the Commission’s failure to act and, in the alternative, action for compensation for the loss caused by the Commission’s letter of 20 July 2004.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs and to pay the costs incurred by the European Commission.

(1) OJ C 19, 22.1.2005.
EN Official Journal of the European Union C 24/46

Judgment of the Court of First Instance of 30 November 2009 — France v Commission

(Joined Cases T-427/04 and T-17/05) (1)

(State aid - France Télécom’s business tax regime for the years 1994 to 2002 - Decision declaring the aid incompatible with the common market and ordering its recovery - Advantage - Limitation period - Legitimate expectations - Legal certainty - Breach of essential procedural requirements - Collegiality - Rights of defence and procedural rights of other interested parties)

2010/C 24/79

Language of the case: French

Parties

Applicant: French Republic (represented initially by G. de Bergues, R. Abraham and S. Ramet, then by G. de Bergues, S. Ramet and E. Belliard and finally by G. de Bergues, E. Belliard and A.-L. Vendrolini, acting as Agents)

Defendant: Commission of the European Communities (represented by: C. Giolito and J. Buendia Sierra, acting as Agents)

Re:

Action for annulment of Commission Decision 2005/709/EC of 2 August 2004 concerning State aid paid by France to France Télécom (OJ 2005 L 269, p. 30).

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the Republic of France and France Télécom SA to pay the costs.

(1) OJ C 19, 22.1.2005.
EN Official Journal of the European Union C 209/45

Judgment of the Court of First Instance of 9 July 2008 — Marcuccio v Commission

(Joint Cases T-296/05 and T-408/05) (1)

(Social security - Applications to have medical expenses paid at 100 % - Implied and express rejections of the applications)

(2008/C 209/77)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: A. Distante initially, then G. Cipressa and L. Garofalo, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis Kayser and J. Currall, Agents, and A. Dal Ferro, lawyer)

Re:

Inter alia, an application for annulment of two implied decisions of the office responsible for settling claims of the Joint Sickness Insurance Scheme of the European Communities refusing to pay 100 % of certain medical expenses incurred by the applicant and an application that the Commission be ordered to pay certain medical expenses for the applicant.

Operative part of the judgment

The Court:

1. Dismisses the applications;

2. Orders the parties to bear their own costs.

(1) OJ C 257, 15.10.2005.
EN Official Journal of the European Union C 22/40

Judgment of the Court of First Instance of 12 December 2007 — K & L Ruppert Stiftung v OHIM — Lopes de Almeida Cunha and Others (CORPO livre)

(Case T-86/05) (1)

(Community trade mark - Opposition proceedings - Application for the figurative mark CORPO LIVRE - National and international word marks LIVRE - Proof of use of the earlier marks submitted out of time)

(2008/C 22/74)

Language of the case: German

Parties

Applicant: K & L Ruppert Stiftung & Co. Handels-KG (Weilheim, Germany) (represented by: D. Spohn and A. Kockläuner, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Natália Cristina Lopes de Almeida Cunha (Vila Nova de Gaia, Portugal); Cláudia Couto Simões, (Vila Nova de Gaia); and Marly Lima Jatobá (Vila Nova de Gaia)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 December 2004 (Case R 328/2004-1), relating to opposition proceedings between K & L Ruppert Stiftung & Co. Handels-KG and Natália Cristina Lopes de Almeida Cunha, Cláudia Couto Simões and Marly Lima Jatobá

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, K & L Ruppert Stiftung & Co. Handels-KG, to pay the costs.

(1) OJ C 155, 25.6.2005.
EN Official Journal of the European Union C 32/26

Judgment of the Court of First Instance of 10 December 2008 — JTEKT v OHIM (IFS)

(Case T-462/05) (1)

(Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 32/47)

Language of the case: English

Parties

Applicant: JTEKT Corp., formerly Toyoda Koki Kabushiki Kaisha (Aichi-ken, Japan) (represented by: initially by J. Wachinger and M. Zöbisch, and subsequently by M. De Zorti, M. Koch and T. Grimm, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark.

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 14 September 2005 (Case R 1157/2004-1);

2. Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp.

(1) OJ C 74, 25.3.2006.
EN Official Journal of the European Union C 285/35

Judgment of the Court of First Instance of 24 September 2008 — M v Ombudsman

(Case T-412/05) (1)

(Non-contractual liability - Decision by the Commission to take no action on a complaint calling into question the conduct of a Member State - Decision by the European Ombudsman concerning the handling of the complaint - Errors made by the Commission in its finding of instances of maladministration - Naming of the applicant - Infringement of the right to respect for private life, and of the principles of proportionality and the right to be heard - Non-material damage - Causal link)

(2008/C 285/62)

Language of the case: French

Parties

Applicant: M (Brussels, Belgium) (represented initially by G. Vandersanden and A. Kalogeropoulos, then by A. Kalogeropoulos and L. Levi, lawyers)

Defendant: European Ombudsman (represented by: J. Sant'Anna and G. Grill, Agents)

Re:

Action under the second paragraph of Article 288 EC for compensation for damage suffered by the applicant as a result of being named in the decision of the European Ombudsman of 18 July 2002 concerning the complaint registered with the reference 1288/99/OV and as a result of the negligent conduct of the Ombudsman concerning the investigation of that complaint and the conclusions he reached in that decision.

Operative part of the judgment

The Court:

1. Orders the European Ombudsman to pay Mr M compensation of EUR 10 000;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 48, 25.2.2006.
EN Official Journal of the European Union C 256/22

Judgment of the Court of First Instance of 9 September 2009 — Brink’s Security Luxembourg v Commission

(Case T-437/05) (1)

(Public services contracts - Community tender procedure - Security and surveillance of the Commission’s buildings in Luxembourg - Rejection of a tenderer’s bid - Equal treatment - Access to documents - Effective judicial protection - Duty to give reasons - Transfer of undertaking - Action for damages)

2009/C 256/39

Language of the case: French

Parties

Applicant: Brink’s Security Luxembourg SA (Luxembourg, Luxembourg) (represented by: C. Point and G. Dauphin, lawyers)

Defendant: Commission of the European Communities (represented by: E. Manhaeve, M. Šimerdová and K. Mojzesowicz, Agents, and by J. Stuyck, lawyer)

Intervener in support of the defendant: G4S Security Services SA, formerly Group 4 Falck — Surveillance and Security Company SA (Luxembourg, Luxembourg) (represented by: M. Molitor, P. Lopes Da Silva, N. Cambonie and N. Bogelmann, lawyers)

Re:

First, an action for annulment of the Commission Decision of 30 November 2005 rejecting the tender submitted by the applicant in call for tenders No 16/2005/OIL (provision of building surveillance and security services); the Commission Decision of 30 November 2005 to award the contract to another tenderer; an alleged implied Commission Decision refusing to withdraw its two previous decisions and two of its letters, dated 7 and 14 December 2005, responding to the applicant’s requests for information. Second, an action for damages seeking compensation for the loss allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Annuls the Commission Decision of 14 December 2005, rejecting the request that the composition of the evaluation committee in call for tenders No 16/2005/OIL be communicated to the applicant;

2. Dismisses the action for annulment as to the remainder;

3. Dismisses the action for damages;

4. Orders Brink’s Security Luxembourg SA to pay, apart from its own costs, half of the costs incurred by the Commission of the European Communities and by G4S Security Services SA, including those relating to the interlocutory proceedings;

5. Orders the Commission to bear half of its own costs;

6. Orders G4S Security Services to bear half of its own costs.

(1) OJ C 48, 25.2.2006.
EN Official Journal of the European Union C 129/12

Judgment of the Court of First Instance of 22 April 2009 — CESD-Communautaire v Commission

(Case T-286/05) (1)

(Public procurement - Declaration of a serious breach of contract - Article 93(1)(f) of Regulation (EC, Euratom) No 1605/2002 - Action for annulment - Error of law - Jurisdiction of the Court of First Instance - Legal interest in bringing proceedings - Admissibility - Misuse of powers - Manifest error of assessment - Statement of reasons - Right to a fair hearing)

2009/C 129/19

Language of the case: French

Parties

Applicant: Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) (Luxembourg, Luxembourg) (represented by: D. Grisay and D. Piccininno, lawyers)

Defendant: Commission of the European Communities (represented by: F. Dintilhac and G. Wilms, acting as Agents)

Re:

Application for annulment of the Commission’s letter of 18 May 2005 by which it informed the applicant that it had taken the decision to declare, as regards various contracts referred to, that there had been a serious breach of contract under Article 93(1)(f) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1)

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Centre européen pour la statistique et le développement ASBL (CESD-Communautaire) to pay the costs.

(1) OJ C 229, 17.9.2005.
EN Official Journal of the European Union C 148/25

Judgment of the General Court of 28 April 2010 — BST v Commission

(Case T-452/05) (1)

(Competition - Agreements, decisions and concerted practices - European market in industrial thread - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation - Non-contractual liability - Disclosure of confidential information - Damage - Causal link)

2010/C 148/43

Language of the case: Dutch

Parties

Applicant: Belgian Sewing Thread (BST) NV (Deerlijk, Belgium) (represented by: H. Gilliams and J. Bocken, lawyers)

Defendant: European Commission (represented by: A. Bouquet and K. Mojzesowicz, acting as Agents)

Re:

Application for (i) partial annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 — PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005 and, in the alternative, reduction of the fine imposed on the applicant by that decision and (ii) an order that the Commission pay compensation, on the basis of the non-contractual liability of the European Community, for the loss which the applicant has suffered

Operative part of the judgment

The Court:

1. Fixes at EUR 856 800 the fine imposed on Belgian Sewing Thread (BST) NV by Article 2 of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 — PO/Thread);

2. For the rest, dismisses the application for annulment;

3. Dismisses the claim for damages.

4. Orders BST to bear 90 % of its own costs and to pay 90 % of the costs incurred by the European Commission, and the European Commission to bear 10 % of its own costs and to pay 10 % of the costs incurred by BST.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 282/35

Judgment of the Court of First Instance of 30 September 2009 — Arkema v Commission

(Case T-168/05) (1)

(Competition - Agreements, decisions and concerted practices - Market for Monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price fixing - Imputability of the unlawful conduct - Principle that penalties must fit the offence - Obligation to state the reasons on which the decision is based - Fines - Proportionality - Gravity and duration of the infringement - Deterrent effect - Actual impact on the market - Attenuating circumstances - Role of follower - Aggravating circumstances - Repeated infringement)

2009/C 282/65

Language of the case: French

Parties

Applicant: Arkema SA (Paris, France) (represented by: M. Debroux, lawyer)

Defendant: Commission of the European Communities (represented: initially by A. Bouquet and F. Amato, then A. Bouquet and X. Lewis, Agents)

Re:

Primarily, annul Article 1(d), Article 2(c) and Article 4(9) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case No COMP/ E-1/37.773 — MCAA) and, in the alternative, request to amend Article 2 (c) and (d) of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Arkema SA to pay the costs.

(1) OJ C 171, of 9.7.2005.
EN Official Journal of the European Union C 347/26

Judgment of the General Court of 12 October 2011 — Alliance One International v Commission

(Case T-41/05) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Attributability of the unlawful conduct - Maximum limit of 10 % of turnover - Deterrent effect - Attenuating circumstances)

2011/C 347/38

Language of the case: English

Parties

Applicants: Alliance One International Inc., formerly Dimon Inc. (Danville, Virginia, United States) (represented initially by L. Bergkamp, H. Cogels, J. Dhont, M. Marañon Hermoso and A. Emch, and subsequently by M. Odriozola Alén, J. Folguera Crespo, P. Vidal Martínez, M. Barrantes Diaz and A. João Vide, lawyers)

Defendant: European Commission (represented initially by É. Gippini Fournier and F. Amato, and subsequently by É. Gippini Fournier, N. Khan and J. Bourke, Agents)

Re:

APPLICATION for the partial annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) and, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Sets the part of the fine imposed on Agroexpansión, SA in Article 3 of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain), for the payment of which Alliance One International, Inc. is held jointly and severally liable with Agroexpansión, at EUR 2 187 000;

2. Dismisses the action as to the remainder;

3. Orders Alliance One International to bear nine tenths of its own costs and to pay nine tenths of the costs incurred by the European Commission, and the Commission to bear one tenth of its own costs and to pay one tenth of those incurred by Alliance One International.

(1) OJ C 93, 16.4.2005.
Official Journal of the European Union

Judgment of the General Court of 9 September 2010 — Switzerland v Commission

(Case T-319/05) (1)

(External relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality)

(2010/C 288/55)

Language of the case: German

Parties

Applicant: Swiss Confederation (represented by: S. Hirsbrunner, U. Soltész and P. Melcher, lawyers)

Defendant: European Commission (represented by: F. Benyon, M. Huttunen and M. Niejahr, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: C.-D. Quassowski and A. Tiemann, acting as Agents, assisted by T. Masing, lawyer); and Landkreis Waldshut (represented by M. Núñez-Müller, lawyer)

Re:

ACTION for annulment of Commission Decision 2004/12/EC of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 (Case TREN/AMA/11/03 — German measures relating to the approaches to Zurich airport) (OJ 2004 L 4, p. 13)

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders the Swiss Confederation to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own respective costs.

(1) OJ C 94, 17.4.2004 (previously Case C-70/04).