ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 272/16

Judgment of the Court of First Instance of 10 September 2008 — Evropaïki Dinamiki v Commission

(Case T-465/04) (1)

(Public service contracts - Community tendering procedure - Provision of computer and related services linked to the information systems of the Directorate-General for Fisheries - Rejection of a submitted tender - Obligation to state the reasons on which the decision is based)

(2008/C 272/28)

Language of the case: English

Parties

Applicant: Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities (represented: initially by K. Banks, and subsequently by M. Wilderspin and E. Manhaeve, acting as Agents)

Re:

Application for annulment of the Commission's decision of 15 September 2004 not to accept the tender submitted by the applicant in the tendering procedure relating to the provision of computer and related services linked to the information systems of the Directorate-General for Fisheries, and to award the contract to the successful tenderer.

Operative part of the judgment

The Court:

1. The Commission's decision to reject the tender submitted by Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE and to award the contract to the successful tenderer in the tendering procedure ‘FISH/2004/02’ is annulled.

2. The Commission is ordered to pay all of the costs.

(1) OJ C 57, 5.3.2005.
EN Official Journal of the European Union C 128/30

Judgment of the Court of First Instance (Fourth Chamber) of 17 April 2008 — Cestas v Commission

(Case T-260/04) (1)

(Action for annulment - European Development Fund - Repayment of amounts paid - Debit note - Act not amenable to review - Preparatory act - Inadmissibility)

(2008/C 128/65)

Language of the case: Italian

Parties

Applicant: Centro di educazione sanitaria e tecnologie appropriate sanitarie (Cestas) (Bologna (Italy) (represented initially by: N. Amadei and C. Turk, and subsequently by N. Amadei and P. Manzini, lawyers)

Defendant: Commission of the European Communities (represented by: E. Montaguti and F. Dintilhac, Agents)

Re:

Annulment of the decision of 21 April 2004 of the Commission (Delegation in the Republic of Guinea), sent to the applicant by registered letter, ordering it to pay the amount of GNF 959 543 (EUR 397 126,02).

Operative part of the judgment

The Court:

1. Dismisses the action as being inadmissible.

2. Orders the Centro di educazione sanitaria e tecnologie appropriate sanitarie (Cestas) to bear three fifths of its own costs and also to pay three fifths of the costs incurred by the Commission.

3. Orders the Commission to bear two fifths of its own costs and also to pay two fifths of the costs incurred by Cestas.

(1) OJ C 217, 28.8.2004.
EN Official Journal of the European Union C 153/32

Judgment of the Court of First Instance of 6 May 2009 — Outokumpu and Luvata v Commission

(Case T-122/04) (1)

(Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Size of the market concerned - Aggravating circumstances - Repeat infringement)

2009/C 153/61

Language of the case: English

Parties

Applicants: Outokumpu Oyj (Espoo, Finland); and Luvata Oy, formerly Outokumpu Copper Products Oy (Espoo) (represented by: J. Ratliff, Barrister, F. Distefano and J. Luostarinen, Lawyers)

Defendant: Commission of the European Communities (represented by: É. Gippini Fournier, Agent)

Re:

(1) Application for annulment or reduction of the fine imposed on the applicant by Article 2(b) of Commission Decision C(2003) 4820 final of 16 December 2003 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.240 — Industrial tubes); and (2) Counterclaim by the Commission that the amount of the fine should be increased.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Outokumpu Oyj and Luvata Oy to pay the costs.

(1) OJ C 118, 30.4.2004.
EN Official Journal of the European Union C 331/15

Judgment of the General Court of 27 September 2011 — Gul Ahmed Textile Mills v Council

(Case T-199/04) (1)

(Dumping - Imports of cotton bed linen originating in Pakistan - Injury - Causal link)

2011/C 331/26

Language of the case: English

Parties

Applicant: Gul Ahmed Textile Mills Ltd (Karachi, Pakistan) (represented by: L. Ruessmann, lawyer, with an address for service in Luxembourg (Luxembourg))

Defendant: Council of the European Union (represented by: J. P. Hix and B. Driessen, Agents, and by G. Berrisch, lawyer)

Intervener in support of the defendant: European Commission (represented by T. Scharf and K. Talabér-Ritz, Agents)

Re:

Application for annulment of Council Regulation (EC) No 397/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan (OJ 2004 L 66, p. 1), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 397/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan in so far as it concerns Gul Ahmed Textile Mills Ltd;

2. Orders the Council of the European Union to bear its own costs and pay those incurred by Gul Ahmed Textile Mills;

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

(1) OJ C 217, 28.8.2004.
EN Official Journal of the European Union C 37/32

Judgment of the General Court of 15 December 2009 — EDF v Commission

(Case T-156/04) (1)

(State aid - Aid granted by the French authorities to EDF - Decision declaring that aid incompatible with the common market and ordering its recovery - Procedural rights of the aid beneficiary - Effect on trade between Member States - Criterion of private investor)

2010/C 37/41

Language of the case: French

Parties

Applicant: Électricité de France (Paris, France) (represented by: M. Debroux, lawyer)

Defendant: European Commission (represented by: J. Buendía Sierra and C. Giolito, acting as Agents)

Intervener in support of the form of order sought by the applicant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, Agents)

Intervener in support of the form of order sought by the defendant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado and É. Barbier de La Serre, lawyers)

Re:

Action for annulment of Articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003.

Operative part of the judgment

The Court:

1. Annuls articles 3 and 4 of the Commission’s Decision on State aid granted to EDF and to the gas and electricity industry sectors (C 68/2002, N 504/2003 and C 25/2003), adopted on 16 December 2003;

2. Orders the European Commission to bear its own costs and to pay those of Électricité de France (EDF);

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

4. Orders Iberdrola, SA to bear its own costs.

(1) OJ C 179, 10.7.2004.
EN Official Journal of the European Union C 209/45

Judgment of the Court of First Instance of 9 July 2008 — Coffee Store v OHIM (THE COFFEE STORE)

(Case T-323/05) (1)

(Community trade mark - Application for the Community word mark THE COFFEE STORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 209/78)

Language of the case: German

Parties

Applicant: The Coffee Store GmbH (Mannheim, Germany) (represented by: M. Buddeberg, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 June 2005 (Case R 855/2004-2) concerning an application for the registration of the word sign THE COFFEE STORE as a Community trade mark

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders The Coffee Store GmbH to pay the costs.

(1) OJ C 281, 12.11.2005.
EN Official Journal of the European Union C 51/41

Judgment of the Court of First Instance of 15 January 2008 — Hoya v OHIM — Indo (AMPLITUDE)

(Case T-9/05) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark AMPLITUDE - Earlier national figurative mark AMPLY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 51/75)

Language of the case: English

Parties

Applicant: Hoya Kabushiki Kaisha (Tokyo, Japan) (represented by: A. Nordemann, C.-R. Haarmann, F. Schwab and M. Nentwig, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Indo Internacional SA (Hospitalet de Llobregat, Spain) (represented by: M. Currel Aguilà, lawyer)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 November 2004 (Case R 433/2004-1), relating to opposition proceedings between Indo Internacional SA and Hoya Kabushiki Kaisha

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hoya Kabushiki Kaisha to pay the costs.

(1) OJ C 106, 30.4.2005.
EN Official Journal of the European Union C 44/41

Judgment of the Court of First Instance of 18 December 2008 — Muñiz v Commission

(Case T-144/05) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee - Refusal of access - Exception relating to the protection of the decision-making process)

(2009/C 44/70)

Language of the case: English

Parties

Applicant: Pablo Muñiz (Brussels, Belgium) (represented: initially by B. Dehandschutter, and subsequently by L. Defalque, lawyers)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and I. Chatzigiannis, Agents)

Re:

Application for annulment of the Commission's decision of 3 February 2005 refusing to grant access to certain documents relating to the September 2004 meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 3 February 2005 inasmuch as it refused access to documents, ‘TAXUD/1369/2003’ relating to home cinema, ‘TAXUD/974/2004’ relating to vehicles for dual use, ‘TAXUD/1342/2003’, ‘TAXUD/2465/2004’ and ‘TAXUD/2495/2004’ relating to power supply units, ‘XXI/770/1998’ relating to incomplete ADP machines, and to the minutes of the September 2004 meeting of the Working Group of the ‘Tariff and Statistical Nomenclature Section (Mechanical/Miscellaneous)’ of the Customs Code Committee (document ‘TAXUD/3010/2004 — Annex V’);

2. Declares that there is no need to adjudicate on the remainder of the action;

3. Orders the Commission to pay the costs incurred by Mr Pablo Muñiz.

(1) OJ C 132, 28.5.2005.
EN Official Journal of the European Union C 285/34

Judgment of the Court of First Instance of 18 September 2008 — Angé Serrano and Others v Parliament

(Case T-47/05) (1)

(Staff case - Officials - Success in internal competitions for change of category under the Staff Regulations - Entry into force of the new Staff Regulations - Transitory rules for classification in grade - Changes to levels of hierarchy under the old Staff Regulations - Admissibility - Plea of illegality - Acquired rights - Legitimate expectations - Proportionality - Equal treatment - Principle of sound administration and duty of care)

(2008/C 285/60)

Language of the case: French

Parties

Applicants: Pilar Angé Serrano (Luxembourg, Luxembourg), Jean-Marie Bras (Luxembourg), Dominiek Decoutere (Wolwelange, Luxembourg), Armin Hau (Luxembourg), Adolfo Orcajo Teresa (Brussels, Belgium) and Francisco Javier Solana Ramos (Brussels), represented by É. Boigelot, lawyer.

Defendant: European Parliament (represented by: initially, L. Knudsen, A. Bencomo Weber and K. Zejdova, and subsequently by L. Knudsen and K. Zejdova)

Intervener in support of the form of order sought by the defendant: Council of the European Union (represented by: M. Sims and I. Sulce, and subsequently I. Sulce and M. Sims, acting as Agents)

Re:

Application for annulment of the individual decisions containing the applicants' classification in the intermediate grade from 1 May 2004 and communicated to them, by letter from the Director General for Personnel of the European Parliament, during the first week of May 2004, and of any act consecutive to and/or relating to those decisions, even ones adopted subsequent to the present action, and an application to order the European Parliament to pay damages and interest.

Operative part of the judgment

The Court:

1. Finds that there is no need to adjudicate in respect of Angé Serrano and Bras and Orcajo Teresa as regards the first head of claim;

2. Dismisses the remainder of the application;

3. Orders the European Parliament to bear its own costs and to pay those incurred by Angé Serrano and Bras and Orcajo;

4. Orders Dominiek Decoutere, Armin Hau and Francisco Javier Solana to bear their own costs;

5. Orders the Council to bear its own costs.

(1) OJ C 93, 16.4.2005.
EN Official Journal of the European Union C 256/21

Judgment of the Court of First Instance of 8 September 2009 — AceaElectrabel v Commission

(Case T-303/05) (1)

(State aid - Energy sector - Investment aid for the construction of a distance heating system - Decision declaring the aid compatible with the common market - Obligation to repay first aid declared unlawful and incompatible with the common market - Concept of economic unit)

2009/C 256/37

Language of the case: Italian

Parties

Applicant: AceaElectrabel Produzione SpA (represented by: L. Radicati di Brozolo, M. Merola, C. Bazoli and F. D'Alessandri, lawyers)

Defendant: Commission of the European Communities (represented by: V. DiBucci and E. Righini, agents)

Intervener in support of the applicant: Electrabel (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)

Re:

Annulment of Commission Decision 2006/598/EC of 16 March 2005 concerning State aid that Italy (Regione Lazio) intends to grant for the reduction of greenhouse gas emissions (OJ 2006 L 244, p. 8)

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders AceaElectrabel to pay the costs, except those referred to in point 3 below;

3. orders Electrabel to bear its own costs and to pay the costs incurred by the Commission as a result of its intervention.

(1) OJ C 257 of 15.10.2005.
EN Official Journal of the European Union C 153/33

Judgment of the Court of First Instance of 7 May 2009 — NVV and Others v Commission

(Case T-151/05) (1)

(Competition - Concentrations - Markets for the purchase of live pigs or sows for slaughter - Decision declaring the concentration compatible with the common market - Definition of the relevant geographic market - Duty of care - Duty to state reasons)

2009/C 153/63

Language of the case: Dutch

Parties

Applicants: Nederlandse Vakbond Varkenshouders (NVV) (Lunteren, Netherlands); Marius Schep (Lopik, Netherlands); and Nederlandse Bond van Handelaren in Vee (NBHV) (The Hague, Netherlands) (represented by: initially, J. Kneppelhout and M. van der Kaden and, subsequently, J. Kneppelhout, lawyers)

Defendant: Commission of the European Communities (represented by: initially, A. Whelan and S. Noë and, subsequently, A. Bouquet and S. Noë, Agents)

Intervener in support of the defendant: Sovion NV (Best, Netherlands) (represented by: J. de Pree and W. Geursen, lawyers)

Re:

Annulment of the Commission decision of 21 December 2004 declaring a concentration compatible with the common market and with the EEA Agreement (Case No COMP/M.3605 — Sovion/HMG)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nederlandse Vakbond Varkenshouders (NVV), Marius Schep and Nederlandse Bond van Handelaren in Vee (NBHV) to bear their own costs and to pay those incurred by the Commission and by Sovion NV.

(1) OJ C 171, 9.7.2005.
EN Official Journal of the European Union C 179/32

Judgment of the General Court of 12 May 2010 — EMC Development v Commission

(Case T-432/05) (1)

(Competition - Agreements, decisions and concerted practices - European cement market - Decision rejecting a complaint - Harmonised standard for cement - Binding nature - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements)

2010/C 179/53

Language of the case: English

Parties

Applicant: EMC Development AB (Luleå, Sweden) (represented by: M. Elvinger and W. -N. Schelp, lawyers)

Defendant: European Commission (represented by: initially É. Gippini Fournier and B. Doherty, and subsequently by É. Gippini Fournier and J. Bourke, acting as Agents)

Re:

Application for annulment of Commission Decision SG-Greffe (2005) D/205249 of 28 September 2005 rejecting the complaint brought by the applicant against European Portland cement producers, the European Cement Association (Cembureau) and the European Committee for Standardisation (CEN) in relation to the European cement market.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders EMC Development AB to bear its own costs and to pay the costs incurred by the European Commission.

(1) OJ C 36, 11.2.2006.
EN Official Journal of the European Union C 282/38

Judgment of the Court of First Instance of 7 October 2009 — Vischim v Commission

(Case T-420/05) (1)

(Plant protection products - Active substance chlorothalonil - Inclusion in Annex I to Directive 91/414/EEC - Assessment procedure - Directive 2005/53/EC - Application for annulment - Application for a declaration of failure to act - Application for damages)

2009/C 282/70

Language of the case: English

Parties

Applicant: Vischim Srl (Cesano Maderno, Italy) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Re:

Application for annulment, with regard to the inclusion of the active substance chlorothalonil, of Commission Directive 2005/53/EC of 16 September 2005 amending Council Directive 91/414/EEC to include chlorothalonil, chlorotoluron, cypermethrin, daminozide and thiophanate-methyl as active substances (OJ 2005 L 241, p. 51), for annulment of the review report for chlorothalonil (document SANCO/4343/2000 final of 14 February 2005), for a declaration of failure to act and for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vischim Srl to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 36, 11.2.2006.
EN Official Journal of the European Union C 347/26

Judgment of the General Court of 12 October 2011 — Agroexpansión v Commission

(Case T-38/05) (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 - Equal treatment - Mitigating circumstances - Cooperation)

2011/C 347/37

Language of the case: Spanish

Parties

Applicant: Agroexpansión, SA (Madrid, Spain) (represented by: J. Folguera Crespo and P. Vidal Martínez, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)

Re:

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

Operative part of the judgment

The Court:

1. Fixes the amount of the fine imposed on Agroexpansión, SA under Article 3 of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) at EUR 2 430 000.

2. Dismisses the action to the remainder.

3. Orders Agroexpansión to bear nine-tenths of its own costs and to pay nine-tenths of the costs incurred by the European Commission; orders the European Commission to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by the applicant.

(1) OJ C 82, 2.4.2005.
Judgment of the General Court of 8 September 2010 — Deltafina v Commission

(Case T-29/05) (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 - Consistency between the statement of objections and the contested decision - Rights of the defence - Definition of the relevant market - Fines - Gravity of the infringement - Aggravating circumstances - Role as leader - Cooperation)

(2010/C 288/53)

Language of the case: Italian

Parties

Applicant: Deltafina SpA (Orvieto, Italy) (represented by: R. Jacchia, A. Terranova, I. Picciano, F. Ferraro, J.-F. Bellis and F. Di Gianni, lawyers)

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

Re:

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

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Deltafina SpA by 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) at EUR 6 120 000.

2. Dismisses the action as to the remainder.

3. Orders Deltafina to bear three quarters of its own costs and pay three quarters of the costs incurred by the Commission and the Commission to bear one quarter of its own costs and pay one quarter of those incurred by Deltafina.

(1) OJ C 82, 2.4.2005.
EN Official Journal of the European Union C 107/24

Judgment of the Court of First Instance of 12 March 2008 — Compagnie générale de diététique v OHIM (GARUM)

(Case T-341/06) (1)

(Community trade mark - Application for Community trade mark GARUM - Absolute ground for refusal - Relevant public - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 107/40)

Language of the case: French

Parties

Applicant: Compagnie générale de diététique SAS (Caen, France) (represented by: J.-J Evrard and T. de Haan, 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 7 September 2006 (Case R 1401/2005-1) concerning application for registration of the word sign GARUM 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 7 September 2006 (Case R 1401/2005-1).

2. Orders OHIM to pay its own costs and the costs of Compagnie générale de diététique SAS.

(1) OJ C 326, 30.12.2006.