ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 225/62

Judgment of the General Court of 30 May 2013 — Moselland v OHIM — Renta Siete (DIVINUS)

(Case T-214/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DIVINUS - Earlier national figurative mark MOSELLAND Divinum - Existence, validity and extent of the protection of the earlier right - Proof)

2013/C 225/139

Language of the case: German

Parties

Applicant: Moselland eG — Winzergenossenschaft (Bernkastel-Kues, Germany) (represented by: M. Dippelhofer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Renta Siete, SL (Albacete, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2010 (Case R 1204/2009-2) concerning opposition proceedings between Moselland eG — Winzergenossenschaft and Renta Siete, SL.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 February 2010 (Case R 1204/2009-2);

2. Orders OHIM to bear its own costs and to pay the costs incurred by Moselland eG — Winzergenossenschaft for the purposes of the proceedings before the General Court and before the Board of Appeal.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 325/28

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

(Case T-386/10) (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 - Plea of illegality - Gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality - Non-retroactivity)

2013/C 325/46

Language of the case: German

Parties

Applicant: Aloys F. Dornbracht GmbH & Co. KG (Iserlohn, Germany) (represented: initially by H. Janssen, T. Kapp and M. Franz, and subsequently by H. Janssen and T. Kapp, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, acting as Agents, assisted by A. Böhlke, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, acting as Agents)

Re:

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

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aloys F. Dornbracht GmbH & Co. KG to bear its own costs and pay those of the European Commission;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 325/29

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

(Case T-408/10) (1)

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

2013/C 325/48

Language of the case: Spanish

Parties

Applicant: Roca Sanitario, SA (Barcelona, Spain) (represented by: J. Folguera Crespo and M. Merola, lawyers)

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

Re:

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

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Roca Sanitario, SA in Article 2(4)(b) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures) at EUR 6 298 000;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay, in addition to its own costs, one third of the costs incurred by Roca Sanitario;

4. Orders Roca Sanitario to bear two-thirds of its own costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 39/16

Judgment of the General Court of 13 December 2013 — Hungary v Commission

(Case T-240/10) (1)

(Approximation of the laws - Deliberate release into the environment of GMOs - Marketing authorisation procedure - EFSA Scientific Opinions - Committee procedure - Regulatory procedure - Infringement of an essential procedural requirement - Finding of the Court of its own motion)

2014/C 39/26

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: Z. Fehér and K. Szíjjártó, acting as Agents)

Defendant: European Commission (represented initially by: A. Sipos and L. Pignataro-Nolin, and subsequently by: A. Sipos and D. Bianchi, acting as Agents)

Interveners in support of the applicant: French Republic (represented by: G. de Bergues and S. Memez, acting as Agents); Grand Duchy of Luxembourg (represented initially by: C. Schiltz, and subseqeuntly by: P. Frantzen, and finally by: L. Delvaux and D. Holderer, acting as Agents); Republic of Austria (represented by: C. Pesendorfer and E. Riedl, acting as Agents); and Republic of Poland (represented initially by: M. Szpunar, B. Majczyna and J. Sawicka, and subsequently by: B. Majczyna and J. Sawicka, acting as Agents)

Re:

Annulment of Commission Decision 2010/135/EU of 2 March 2010 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a potato product (Solanum tuberosum L. line EH92-527-1) genetically modified for enhanced content of the amylopectin component of starch (OJ 2010 L 53, p. 11), and of Commission Decision 2010/136/EU of 2 March 2010 authorising the placing on the market of feed produced from the genetically modified potato EH92-527-1 (BPS-25271-9) and the adventitious or technically unavoidable presence of the potato in food and other feed products under Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ 2010 L 53, p. 15).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2010/135/EU of 2 March 2010 concerning the placing on the market, in accordance with Directive 2001/18/EC of the European Parliament and of the Council, of a potato product (Solanum tuberosum L. line EH92-527-1) genetically modified for enhanced content of the amylopectin component of starch and Commission Decision 2010/136/EU of 2 March 2010 authorising the placing on the market of feed produced from the genetically modified potato EH92-527-1 (BPS-25271-9) and the adventitious or technically unavoidable presence of the potato in food and other feed products under Regulation (EC) No 1829/2003 of the European Parliament and of the Council;

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

3. Orders the French Republic, the Grand Duchy of Luxembourg, the Republic of Austria and the Republic of Poland to bear their own costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 336/17

Judgment of the General Court of 16 September 2013 — Avery Dennison v OHIM (AVERY DENNISON)

(Case T-200/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark AVERY DENNISON - Earlier national word mark DENNISON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 - Subject-matter of the dispute before the Board of Appeal)

2013/C 336/33

Language of the case: Spanish

Parties

Applicant: Avery Dennison Corp. (Pasadena, California, United States) (represented by: E. Armijo Chávarri, A. Castán Pérez-Gómez and A. Sanz Cerralbo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dennison-Hesperia, SA (Torrejón de Ardoz, Spain) (represented by: L. Broschat García, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 February 2010 (Case R 798/2009-2), relating to opposition proceedings between Dennison-Hesperia, SA and Avery Dennison Corp.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Avery Dennison Corp. to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 34/22

Judgment of the General Court of 9 December 2014 — Feralpi v Commission

(Case T-70/10) (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 - Infringement of essential procedural requirements - Lack of competence - Legal basis - Infringement of the rights of the defence - Principle of sound administration, proportionality and equality of arms - Criteria for attributing liability - Definition of the market - Infringement of Article 65 CS - Fines - Limitation period - Gravity - Duration))

(2015/C 034/24)

Language of the case: Italian

Parties

Applicant: Feralpi Holding SpA (Brescia, Italy) (represented by: G. Roberti and I. Perego, lawyers)

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

Re:

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 which the Commission imposed a fine of EUR 10,25 million on the applicant for infringement of Article 65(1) CS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Feralpi Holding SpA to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 202/17

Judgment of the General Court of 14 May 2014 — Reagens v Commission

(Case T-30/10) (1)

((Competition - Agreements, decisions and concerted practices - European market for tin heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price fixing, market allocation and exchange of commercially sensitive information - Duration of the infringement - Fines - 2006 Guidelines on the method of setting fines - Basic amount - Mitigating circumstances - Ability to pay - Equal treatment - Proportionality - Unlimited jurisdiction - Appropriateness of the amount of the fine))

2014/C 202/21

Language of the case: English

Parties

Applicant: Reagens SpA (San Giorgio di Piano, Italy) (represented by: B. O’Connor, Solicitor, L. Toffoletti, E. De Giorgi and D. Gullo, lawyers)

Defendant: European Commission (represented by: J. Bourke, F. Ronkes Agerbeek and P. Van Nuffel, acting as Agents)

Re:

Action 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/38589 — Heat Stabilisers), or, in the alternative, a reduction in the amount of the fine imposed on the applicant.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Reagens SpA to pay the costs.

(1) OJ C 80, 27.3.2010.
1.

Annuls Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011 in so far as it finds that Fapricela — Indústria de Trefilaria, SA infringed Article 101(1) TFEU not only by participating in an infringement of that provision in the Iberian market but also by participating in a cartel covering the internal market and subsequently within the European Economic Area (EEA), and imposed on it a fine of EUR 8 8 74 000;
EN Official Journal of the European Union C 221/6

Judgment of the General Court of 21 May 2015 — Yoshida Metal Industry v OHIM — Pi-Design and Others (Community figurative trade marks representing a surface with black dots)

(Joined Cases T-331/10 RENV and T-416/10 RENV) (1)

((Community trade mark - Invalidity proceedings - Community figurative trade marks representing a surface with black dots - Absolute ground for refusal - Sign consisting exclusively of the shape of the goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009))

(2015/C 221/07)

Language of the case: English

Parties

Applicant: Yoshida Metal Industry Co. Ltd (Tsubame-shi, Japan) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Pi-Design AG (Triengen, Switzerland), Bodum France (Neuilly-sur-Seine, France), Bodum Logistics A/S (Billund, Denmark) (represented by: H. Pernez and R. Löhr, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Cases R 1235/2008-1 and R 1237/2008-1), concerning invalidity proceedings between Pi-design AG, Bodum France and Bodum Logistics A/S, on the one hand, and Yoshida Metal Industry Co. Ltd, on the other.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Yoshida Metal Industry Co. Ltd 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 by Pi-Design AG, Bodum France and Bodum Logistics A/S before the General Court and before the Court of Justice.

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 260/38

Judgment of the General Court of 2 June 2016 — Moreda-Riviere Trefilerías and Others v Commission

(Joined Cases T-426/10 to T-429/10, T-438/12 to T-441/12) (1)

((Competition - Agreements, decisions and concerted practices - European market for prestressing steel - Price fixing, market sharing and the exchange of commercially sensitive information - Decision finding an infringement of Article 101 TFEU - Economic unit - Direct participation in the infringement - Secondary liability of parent companies - Succession of undertakings - Complex infringement - Single and continuous infringement - 2006 Guidelines on the method of setting fines - Principle of non-retroactivity and principle that penalties must be lawful - Mitigating circumstances - Ability to pay - Rights of the defence - Obligation to state reasons - Request for reconsideration - No change in the factual circumstances - Letter of rejection - Inadmissibility))

(2016/C 260/47)

Language of the case: Spanish

Parties

Applicants: Moreda-Riviere Trefilerías, SA (Gijón, Spain) (Cases T-426/10 and T-440/12); Trefilerías Quijano, SA (Los Corrales de Buelna, Spain) (Cases T-427/10 and T-439/12); Trenzas y Cables de Acero PSC, SL (Santander, Spain) (Cases T-428/10 and T-441/12) (represented by: in Cases T-426/10 to T-429/10, F. González Díaz and A. Tresandi Blanco, and, in Cases T-438/12 to T-441/12, initially by F. González Díaz and P. Herrero Prieto, and subsequently by F. González Díaz and A. Tresandi Blanco, lawyers)

Defendant: European Commission (represented by: in Cases T-426/10, T-427/10, T-429/10 and T-438/12 to T-441/12, V. Bottka, F. Castillo de la Torre and C. Urraca Caviedes, acting as Agents, and by L. Ortiz Blanco and A. Lamadrid de Pablo, lawyers, and, in Case T-428/10, by V. Bottka and F. Castillo de la Torre, and by L. Ortiz Blanco and A. Lamadrid de Pablo)

Re:

Application for annulment and variation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/38344 — Prestressing Steel), as amended by Commission Decision C(2010) 6676 final of 30 September 2010 and Commission Decision C(2011) 2269 final of 4 April 2011, and also by the letter of 25 July 2012 from the Director-General of the Directorate-General for Competition of the Commission.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Moreda-Riviere Trefilerías, SA, Trefilerías Quijano, SA, Trenzas y Cables de Acero PSC, SL and Global Steel Wire, SA to pay the costs.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 174/21

Judgment of the General Court of 2 May 2012 — Universal Display Corp. v OHIM

(Case T-435/11) (1)

(Community trade mark - International registration designating the European Community - Application for Community word mark UniversalPHOLED - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2012/C 174/33

Language of the case: English

Parties

Applicant: Universal Display Corp. (Ewing, New Jersey, United States) (represented by: A. Poulter and C. Lehr, Solicitors)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 May 2011 (Case R 215/2011-2) concerning an application for registration of the word sign UniversalPHOLED as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Universal Display Corp. to pay the costs.

(1) OJ C 298, 8.10.2011.
Official Journal of the European Union

Judgment of the General Court of 29 November 2011 — Birkhoff v Commission

(Case T-10/11 P) (1)

(Appeal - Civil service - Officials - Family allowances - Dependent child allowance - Child suffering from an infirmity preventing her from earning a livelihood - Refusal to extend payment of the allowance)

(2012/C 25/98)

Language of the case: Italian

Parties

Appellant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggars, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 27 October 2010 in Case F-60/09 Birkhoff v Commission (not yet published in the ECR), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 27 October 2010 in Case F-60/09 Birkhoff v Commission (not yet published in the ECR);

2. Refers the case back to the Civil Service Tribunal;

3. Orders that the costs be reserved.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 258/19

Judgment of the General Court of 12 July 2012 — Wall v OHIM — Bluepod Media Worldwide (bluepod MEDIA)

(Case T-227/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark bluepod MEDIA - Earlier Community figurative mark blue spot and earlier international and national word marks BlueSpot - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 258/34

Language of the case: English

Parties

Applicant: Wall AG (Berlin, Germany) (represented by: A. Nordemann and T. Boddien, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bluepod Media Worldwide Ltd (London, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2011 (Case R 301/2010-1) concerning opposition proceedings between Wall AG and Bluepod Media Worldwide Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wall AG to pay the costs.

(1) OJ C 194, 2.7.2011.
EN Official Journal of the European Union C 200/16

Judgment of the General Court of 22 May 2012 — Sport Eybl & Sports Experts v OHIM — Seven (SEVEN SUMMITS)

(Case T-179/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SEVEN SUMMITS - Earlier Community figurative mark Seven - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/32

Language of the case: English

Parties

Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)

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: Seven SpA (Leinì, Italy) (represented by: D. Sindico, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 January 2011 (Case R 364/2010-4), relating to opposition proceedings between Seven SpA and Sport Eybl & Sports Experts GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sport Eybl & Sports Experts GmbH to pay its own costs and to bear those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Seven SpA.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 366/33

Judgment of the General Court of 16 October 2012 — Monier Roofing Components v OHIM (CLIMA COMFORT)

(Case T-371/11) (1)

(Community trade mark - Application for the Community word mark CLIMA COMFORT - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Ex officio examination of the facts - Article 76(1) of Regulation No 207/2009)

2012/C 366/65

Language of the case: German

Parties

Applicant: Monier Roofing Components (Oberursel, Germany) (represented by: F. Ekey, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 April 2011 (Case R 2026/2010-1), concerning an application for registration of the word sign CLIMA COMFORT as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monier Roofing Components GmbH to pay the costs.

(1) OJ C 269, 10.9.2011.