ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/32

Judgment of the General Court of 12 July 2011 — Aldi Einkauf v OHIM — Illinois Tools Works (TOP CRAFT)

(Case T-374/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark TOP CRAFT - Earlier national figurative marks Krafft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation 207/2009) and Rule 22 of Regulation (EC) No 2868/95)

2011/C 252/74

Language of the case: German

Parties

Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Illinois Tools Works, Inc. (Glenview, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG

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 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG);

2. orders OHIM to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 204/20

Judgment of the General Court of 24 May 2011 –Batchelor v Commission

(Case T-250/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents exchanged in the course of the assessment of the compatibility with Community law of measures taken with respect to television broadcasting activities - Refusal to grant access - Exception relating to the protection of the decision-making process - Exception relating to the protection of the purpose of inspections, investigations and audits)

2011/C 204/35

Language of the case: English

Parties

Applicant: Edward William Batchelor (Brussels, Belgium) (represented by: F. Young, Solicitor, A. Barav, Barrister, and D. Reymond, lawyer, and subsequently by A. Barav, D. Reymond and F. Carlin, Barrister)

Defendant: European Commission (represented by: C. Docksey, C. O’Reilly and P. Costa de Oliveira, Agents, and subsequently by C. O’Reilly and P. Costa de Oliveira)

Intervener in support of the applicant: Kingdom of Denmark (represented by: B. Weis Fogh and S. Juul Jørgensen, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially by S. Behzadi-Spencer, L. Seeboruth and I. Rao, Agents, and subsequently by I. Rao, and G. Facenna and T. de la Mare, Barristers)

Re:

APPLICATION for annulment of the decision of the Secretary General of the Commission of 16 May 2008, refusing access to certain documents exchanged in the course of the assessment of the compatibility with Community law of measures adopted by the United Kingdom of Great Britain and Northern Ireland on the basis of Article 3a of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ 1989 L 298, p. 23), and for annulment of the implied decision refusing that access, deemed to have been taken on 9 April 2008

Operative part of the judgment

The Court:

1. Dismisses as inadmissible the action against the implied decision of refusal deemed to have been adopted on 9 April 2008;

2. Annuls the decision of the Secretary General of the European Commission of 16 May 2008, except in so far as it concerns the information contained in the first two annexes to the letter of 19 February 2007, in respect of which the exception provided for in the first indent of Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents has been invoked;

3. Orders the Commission to bear its own costs and to pay those incurred by Mr Edward William Batchelor;

4. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay the costs incurred by Mr Batchelor as a result of its intervention;

5. Orders the Kingdom of Denmark to bear its own costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 25 October 2011 — Aragonesas Industrias y Energía v Commission

(Case T-348/08) (1)

(Competition - Agreements, decisions and concerted practices - Sodium chlorate market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Action for annulment - Market-sharing - Price-fixing - Body of evidence - Date of the evidence - Statements of competitors - Acknowledgment - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances)

2011/C 355/23

Language of the case: English

Parties

Applicant: Aragonesas Industrias y Energía, SA (Barcelona, Spain) (represented by: I.S. Forrester QC, and K. Struckmann, P. Lindfelt and J. Garcia-Nieto Esteva, lawyers)

Defendant: European Commission (represented by: A. Biolan, J. Bourke and R. Sauer, Agents)

Re:

Application, primarily, for the annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) to the extent to which it concerns Aragonesas Industrias y Energía and, in the alternative, for the annulment or a substantial reduction of the fine imposed on it in that decision

Operative part of the judgment

The Court:

1. Annuls Article 1(g) of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) in so far as the Commission of the European Communities found therein an infringement by Aragonesas Industrias y Energía, SAU, from 16 December 1996 to 27 January 1998 and from 1 January 1999 to 9 February 2000;

2. Annuls Article 2(f) of Decision C(2008) 2626 final in so far as its sets the amount of the fine at EUR 9 900 000;

3. Dismisses the action as to the remainder;

4. Orders Aragonesas Industrias y Energía to bear a third of its own costs and half of those incurred by the Commission;

5. Orders the Commission to bear half of its own costs and two thirds of those incurred by Aragonesas Industrias y Energía.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 319/13

Judgment of the General Court of 23 September 2011 — Vion v OHIM (PASSION FOR BETTER FOOD)

(Case T-251/08) (1)

(Community trade mark - Application for Community word mark PASSION FOR BETTER FOOD - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 319/23

Language of the case: German

Parties

Applicant: Vion NV (Best, Netherlands) (represented by: A. Klinger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Kicia and subsequently by: R. Manea, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2008 (Case R 562/2007-4) concerning the registration of the word sign PASSION FOR BETTER FOOD as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vion NV to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 165/16

Judgment of the General Court of 24 April 2012 — Evropaïki Dynamiki v Commission

(Case T-554/08) (1)

(Public service contracts - Call for tenders - Provision of business, technical and project consultancy services for European Union computer applications in the customs, excise and taxation areas - Rejection of a tender - Decision to award the contract to another tenderer - Action for annulment - Inadmissibility - Claim in damages - Selection and award criteria - Duty to state the reasons on which a decision is based - Manifest error of assessment)

2012/C 165/26

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, P. Katsimani and M. Dermitzakis, lawyers)

Defendant: European Commission (represented initially by N. Bambara and E. Manhaeve, and then by E. Manhaeve, acting as Agents, and C. Erkelens, lawyer)

Re:

ACTION for annulment of the Commission’s decision of 26 September 2008 rejecting the tender submitted by the consortium formed by the applicant and other companies in response to call for tenders ‘TAXUD/2007/AO-005’ relating to the provision of business, technical and project consultancy services for Community computer applications in the customs, excise and taxation areas (‘TIMEA’), and all consequential decisions, including the decision to award the contract to the successful tenderer, brought pursuant to Articles 225 EC and 230 EC, and a claim in damages brought pursuant to Articles 225 EC, 235 EC and 288 EC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay its own costs and those incurred by the European Commission.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 32/18

Judgment of the General Court of 15 December 2011 — CDC Hydrogene Peroxide v Commission

(Case T-437/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Statement of contents of the administrative file relating to a cartel proceeding - Refusal of access - Exception concerning the protection of the commercial interests of a third party - Exception relating to protection of the purpose of inspections, investigations and audits)

2012/C 32/34

Language of the case: German

Parties

Applicant: CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide) (Brussels, Belgium) (represented initially by R. Wirtz, subsequently by R. Wirtz and S. Echement and finally by T. Funke, A. Kirschstein and D. Stein, lawyers)

Defendant: European Commission (represented initially by P. Costa de Oliveira, A. Antoniadis and O. Weber, and subsequently by A. Bouquet, P. Costa de Oliveira and A. Antoniadis, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by: A. Falk, K. Petkovska and S. Johannesson, acting as Agents)

Intervener in support of the defendant: Evonik Degussa GmbH (Essen, Germany) (represented initially by C. Steinle, and then by C. Steinle and M. Holm-Hadulla, lawyers)

Re:

Application for annulment of Commission decision SG.E3/MM/psi D(2008) 6658 of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 — Hydrogen peroxide and perborate.

Operative part of the judgment

The Court:

1. Annuls Decision SG.E3/MM/psi D(2008) 6658 of the Commission of 8 August 2008 refusing full access to the statement of contents of the case-file in Case COMP/F/38.620 — Hydrogen peroxide and perborate;

2. Orders the European Commission to bear its own costs and pay those incurred by CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide);

3. Orders the Kingdom of Sweden and Evonik Degussa to pay their own costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 366/28

Judgment of the General Court of 9 October 2012 — Italy v Commission

(Case T-426/08) (1)

(EAGGF - Guarantee Section - EAGF - Expenditure excluded from financing - Fruit and vegetables - Sugar - Processing of citrus fruits - Milk - Arable crops - Flat-rate financial correction - Proportionality - Obligation to state reasons - No error of assessment)

2012/C 366/52

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, agent)

Defendant: European Commission (represented by: P. Rossi and F. Jimeno, agents)

Re:

Application for annulment of Commission Decision 2008/582/EC of 8 July 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 186, p. 39), in so far as it excludes from Community financing EUR 174 704 912,66 of expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to bear its own costs and those incurred by the European Commission.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 156/26

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

(Case T-392/08) (1)

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

2013/C 156/44

Language of the case: Greek

Parties

Applicant: AEPI Elliniki Etaireia pros Prostasian tis Pnevmatikis Idioktisias AE (Athens, Greece) (represented initially by P. Xanthopoulos and T. Asprogerakas Grivas, then T. Asprogerakas Grivas, lawyers)

Defendant: European Commission (represented by: T. Christoforou and F. Castillo de la Torre, acting as Agents, assisted initially by M. Moustakali, then S. Dempegiotis, lawyers)

Re:

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

Operative part of the judgment

The Court:

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

2. Annuls Article 4 of Commission Decision C(2008) 3435 final, to the extent that it refers to Article 3 of that decision, in so far as it concerns AEPI;

3. Dismisses the remainder of the action;

4. Orders the European Commission to bear its own costs and pay one half of AEPI’s costs;

5. Orders AEPI to bear one half of its own costs;

6. Orders the Commission and AEPI to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 313/16

Judgment of the General Court of 13 September 2013 — Poste Italiane v Commission

(Case T-525/08) (1)

(State aid - Remuneration of funds from postal accounts placed with the Italian Treasury - Decision declaring the aid incompatible with the internal market and ordering its recovery - Concept of State aid - Advantage)

2013/C 313/29

Language of the case: Italian

Parties

Applicant: Poste Italiane SpA (Rome, Italy) (represented by: A. Fratini, A. Sandulli and F. Filpo, lawyers)

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

Re:

Annulment of Commission Decision 2009/178/EC of 16 July 2008 on the State aid C 42/06 (ex NN 52/06) implemented by Italy to remunerate current accounts held by Poste Italiane with the State Treasury (OJ 2009 L 64, p. 4).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2009/178/EC of 16 July 2008 on the State aid C 42/06 (ex NN 52/06) implemented by Italy to remunerate current accounts held by Poste Italiane with the State Treasury;

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

(1) OJ C 44, 21.1.2009.
EN Official Journal of the European Union C 156/27

Judgment of the General Court of 12 April 2013 — Stowarzyszenie Autorów ZAiKS v Commission

(Case T-398/08) (1)

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

2013/C 156/45

Language of the case: Polish

Parties

Applicant: Stowarzyszenie Autorów ZAiKS (Warsaw, Poland) (represented by: B. Borkowska and M. Błeszyński, lawyers)

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

Re:

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

Operative part of the judgment

The Court:

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

2. Annuls Article 4(2) and (3) of Commission Decision C(2008) 3435 final, to the extent that they refer to Article 3 of that decision, in so far as they concern Stowarzyszenie Autorów ZAiKS;

3. Dismisses the remainder of the action;

4. Orders the European Commission to pay the costs relating to the main proceedings.

5. Orders Autorów ZAiKS and the Commission to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 70/15

Judgment of the General Court of 24 January 2017 — Rath v EUIPO — Portela & Ca. (Diacor)

(Case T-258/08) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Diacor - Earlier national figurative mark Diacol PORTUGAL - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Evidence in a language other than the language of the proceedings - Rule 22(4) of Regulation (EC) No 2868/95 (now Rule 22(6) of Regulation No 2868/95, as amended) - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)))

(2017/C 070/20)

Language of the case: English

Parties

Applicant: Matthias Rath (Cape Town, South Africa) (represented by: U. Vogt, C. Kleiner and S. Ziegler, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Portela & Ca., SA (São Mamede do Coronado, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 30 April 2008 (Case R 1630/2006-2), relating to opposition proceedings between Portela & Ca. and Mr Rath.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Matthias Rath to pay the costs.

(1) OJ C 223, 30.8.2008.
1.

ID Fiber Optic Sensing Research (ID FOS Research) is ordered to reimburse the European Commission the sum of EUR 21 599,26, together with default interest: — at the rate of 4,75 % per annum from 1 July 2002 until 31 December 2002; — at the rate of 6,75 % per annum from 1 January 2003 until the date of the present judgment; — at the annual rate applied under the law of England and Wales, currently section 17 of the Judgment Courts Act, 1838, as amended, up to a maximum of 6,75 % per annum, from the date of the present judgment until the debt is fully settled.
EN Official Journal of the European Union C 24/51

Judgment of the Court of First Instance of 10 December 2009 — Stella Kunststofftechnik v OHIM — Stella Pack (Stella)

(Case T-27/09) (1)

(Community trade mark - Revocation proceedings - Community word mark Stella - Earlier opposition proceedings based on that mark - Admissibility - Articles 50(1) and 55(1) of Regulation (EC) No 40/94 (now Articles 51(1) and 56(1) of Regulation (EC) No 207/2009))

2010/C 24/89

Language of the case: German

Parties

Applicant: Stella Kunststofftechnik GmbH (Eltville, Germany) (represented by: M. Beckensträter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Führer and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Stella Pack S.A. (Lubartów, Poland) (represented by: O. Bischof, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 693/2008-4) concerning revocation proceedings between Stella Kunststofftechnik GmbH and Stella Pack sp. z o.o.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Stella Kunststofftechnik GmbH to pay the costs.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 209/38

Judgment of the General Court of 9 June 2010 — Muñoz Arraiza v OHIM — Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA)

(Case T-138/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark RIOJAVINA - Earlier Community collective figurative mark RIOJA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 209/57

Language of the case: Spanish

Parties

Applicant: Félix Muñoz Arraiza (Logroño, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Consejo Regulador de la Denominación de Origen Calificada Rioja (Logroño) (represented by: J.I. Martínez De Torre, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 January 2009 (Case R 721/2008-2) concerning opposition proceedings between the Consejo Regulador de la Denominación de Origen Calificada Rioja and Félix Muñoz Arraiza.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Félix Muñoz Arraiza to pay the costs.

(1) OJ C 153, 4.7.2009.