ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 165/17

Judgment of the General Court of 19 April 2012 — Würth and Fasteners v Council

(Case T-162/09) (1)

(Actions for annulment - Dumping - No individual concern - Inadmissibility)

2012/C 165/28

Language of the case: German

Parties

Applicants: Adolf Würth GmbH & Co. KG (Künzelsau, Germany) and Arnold Fasteners (Shenyang) Co. Ltd (Shenyang, China) (represented by: M. Karl and M. Mayer, lawyers)

Defendant: Council of the European Union (represented by: initially J.-P. Hix, Agent, assisted by G. Berrisch and G. Wolf, lawyers, then J.-P. Hix and B. Driessen, Agents, assisted by G. Berrisch)

Parties intervening in support of the defendant: European Commission: (represented by: H. van Vliet and B. Martenczuk, Agent); and European Industrial Fasteners Institute AISBL (EIFI) (Brussels, Belgium) (represented by: initially J. Bourgeois, Y. van Gerven and E. Wäktare, then J. Bourgeois, lawyers)

Re:

Application for annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible.

2. Orders Adolf Würth GmbH & Co. KG and Arnold Fasteners (Shenyang) Co. Ltd to bear their own costs and to pay those incurred by the Council of the European Union and by the European Industrial Fasteners Institute AISBL.

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

(1) OJ C 167, 18.07.2009.
EN Official Journal of the European Union C 258/16

Judgment of the General Court of 13 July 2012 — Caixa Geral de Depósitos v OHIM — Caixa d’Estalvis i Pensions de Barcelona (‘la Caixa’)

(Case T-255/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark la caixa - Earlier Portuguese word mark CAIXA - Earlier national word and figurative marks - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2012/C 258/25

Language of the case: Spanish

Parties

Applicant: Caixa Geral de Depósitos, SA (Lisbon, Portugal) (represented by: F. Porcuna de la Rosa and M. Lobato García-Miján, 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, intervener before the General Court: Caixa d’Estalvis i Pensions de Barcelona (Barcelona, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 March 2009 (Case R 556/2008-2), relating to opposition proceedings between Caixa d’Estalvis i Pensions de Barcelona and Caixa Geral de Depósitos, SA.

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 24 March 2009 (Case R 556/2008-2) as regards the goods covered by the mark applied for in Class 16;

2. Dismisses the action as to the remainder;

3. Orders Caixa Geral de Depósitos, SA to bear two thirds of its own costs and to pay two thirds of the costs incurred by OHIM and two thirds of the costs incurred by Caixa d’Estalvis i Pensions de Barcelona.

4. Orders OHIM to bear one third of its own costs and to pay one third of the costs incurred by Caixa Geral de Depósitos and one third of the costs incurred by Caixa d’Estalvis i Pensions de Barcelona.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 243/14

Judgment of the General Court of 28 June 2012 — I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952)

(Case T-133/09) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)

2012/C 243/25

Language of the case: Italian

Parties

Applicants: I Marchi Italiani Srl (Naples, Italy) and Antonio Basile (Giugliano in Campania, Italy); (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)

Re:

Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.

Operative part of the judgment

The Court:

1. Removes the name of the second applicant, Antonio Basile, from the list of applicants in Case T-133/09;

2. Dismisses the action;

3. Orders I Marchi Italiani Srl to pay the costs, other than those relating to the discontinuance;

4. Orders Mr Basile to bear his own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 373/4

Judgment of the General Court of 23 October 2012 — Vanhecke v Parliament

(Case T-14/09) (1)

(Privileges and immunities - Member of the Parliament - Waiver of immunity - Action for annulment - No further interest in bringing proceedings - No need to adjudicate)

2012/C 373/04

Language of the case: Dutch

Parties

Applicant: Frank Vanhecke (Bruges, Belgium) (represented by: R. Tournicourt, B. Siffert and S. Lippens, lawyers)

Defendant: European Parliament (represented by: initially H. Krück, A. Baas and E. Waldherr and subsequently H. Krück, E. Waldherr and G. Corstens, acting as Agents)

Re:

Application for annulment of the Decision of the European Parliament of 18 November 2008 waiving the parliamentary immunity of the applicant

Operative part of the judgment

The Court:

1. declares that there is no need to adjudicate on the present action;

2. orders each party to bear its own costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 355/21

Judgment of the General Court of 27 September 2012 — Pucci International v OHIM — El Corte Inglés (Emidio Tucci)

(Case T-357/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI - Relative grounds 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 (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009)

2012/C 355/44

Language of the case: Spanish

Parties

Applicant: Emilio Pucci International BV (Amsterdam, Netherlands) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Joined Cases R 770/ 2008-2 and R 826/2008-2), relating to opposition proceedings between Emilio Pucci International BV and El Corte Inglés, SA.

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 18 June 2009 (Joined Cases R 770/2008-2 and R 826/2008-2) as regards, first, the proof of use of the spectacles in Class 9 and, second, the application of Article 8(5) of Regulation No 207/2009 to the spectacles in Class 9, to the jewellery, costume jewellery and watches in Class 14 and to the lavatory paper in Class 16;

2. Dismisses the remainder of the action;

3. Orders Emilio Pucci International BV to pay one-third of the costs and OHIM and El Corte Inglés, SA to pay two-thirds of the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 225/61

Judgment of the General Court of 30 May 2013 — Morte Navarro v Parliament

(Case T-280/09) (1)

(Petition addressed to the European Parliament - Decision to take no further action on the petition - Action for annulment - Act adversely affecting an official - Admissibility - Obligation to state reasons - Petition not falling within an area of activity of the European Union)

2013/C 225/137

Language of the case: Spanish

Parties

Applicant: José Carlos Morte Navarro (Zaragoza, Spain) (represented by: J. González Buitrón, lawyer)

Defendant: European Parliament (represented by: N. Lorenz, N. Gorlitz and P. López-Carceller, Agents)

Re:

Action for annulment of the decision of the European Parliament’s Committee on Petitions of 5 May 2009 to take no further action on the petition submitted by the applicant on 17 December 2008 (petition No 1818/2008).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr José Carlos Morte Navarro to bear his own costs and to pay those incurred by the European Parliament.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 32/15

Judgment of the General Court of (Third Chamber) of 12 December 2012 — Electrabel v Commission

(Case T-332/09) (1)

(Competition - Concentrations - Decision imposing a fine for having put a concentration into effect - Obligation not to put the concentration into effect - Obligation to state the reasons on which the decision is based - Error of assessment - Limitation period - Amount of the fine)

2013/C 32/21

Language of the case: French

Parties

Applicant: Electrabel (Brussels, Belgium) (represented by: M. Pittie and P. Honoré, lawyers)

Defendant: European Commission (represented by: A. Bouquet and V. Di Bucci, acting as Agents)

Re:

Annulment of Commission Decision C(2009) 4416 final of 10 June 2009, imposing a fine for having implemented a concentration contrary to Article 7(1) of Council Regulation (EEC) No 4064/89 (COMP/M.4994 Electrabel — Compagnie Nationale du Rhône) and, in the alternative, the annulment of or the reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Electrabel to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 202/17

Judgment of the General Court of 14 May 2014 — Donau Chemie v Commission

(Case T-406/09) (1)

((Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Article 23 of Regulation (EC) No 1/2003 - 2006 Guidelines on the method of setting fines - Mitigating circumstances - Cooperation during the administrative procedure - Obligation to state reasons - Equal treatment - Proportionality - Ability to pay))

2014/C 202/20

Language of the case: German

Parties

Applicant: Donau Chemie AG (Vienna, Austria) (represented by: S. Polster, W. Brugger and M. Brodey, lawyers)

Defendant: European Commission (represented by: initially, N. von Lingen and M. Kellerbauer, acting as Agents, and by T. Eilmansberger, Professor, and subsequently by N. von Lingen and M. Kellerbauer)

Re:

Application for annulment of Article 2 of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 – Calcium carbide and magnesium-based reagents for the steel and gas industries), in so far as it relates to the applicant, and, in the alternative, for reduction of the amount of the fine imposed on it by that decision.

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Donau Chemie AG under Article 2(c) of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 – Calcium carbide and magnesium-based reagents for the steel and gas industries) at EUR 4,35 million;

2. Dismisses the action as to the remainder;

3. Orders Donau Chemie to bear 90 % of its own costs and to pay 90 % of the European Commission’s costs, and the Commission to bear 10 % of its own costs and to pay 10 % of the costs incurred by Donau Chemie.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 367/27

Judgment of the General Court of 5 November 2013 — Rusal Armenal v Council

(Case T-512/09) (1)

(Dumping - Imports of certain aluminium foil originating in Armenia, Brazil and China - Accession of Armenia to the WTO - Market economy treatment - Article 2(7) of Regulation (EC) No 384/96 - Whether compatible with the Anti-Dumping Agreement - Article 277 TFEU)

2013/C 367/48

Language of the case: English

Parties

Applicant: Rusal Armenal ZAO (Yerevan, Armenia) (represented by: B. Evtimov, lawyer)

Defendant: Council of the European Union (represented: initially by J.-P. Hix, Agent, and by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, Agents, and by G. Berrisch, and lastly by J.-P. Hix and B. Driessen)

Intervener in support of the defendant: European Commission (represented by M. França and C. Clyne, Agents)

Re:

Application for the annulment of Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China (OJ 2009 L 262, p. 1).

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China in so far as it concerns Rusal Armenal ZAO;

2. Orders the Council of the European Union to pay the costs incurred by Rusal Armenal;

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

(1) OJ C 80, 27.3.2010.
1.

Annuls subparagraph (e) of the first paragraph of Article 2 of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses) in so far as a 30 % increase was applied to the amount of the fine to be paid jointly and severally by Parker-Hannifin Corp., on the basis of the aggravating circumstance of the role of leader played by ITR SpA from 11 June 1999 to 30 September 2001 and in so far as the European Commission did not calculate, as regards the part of the fine for which Parker ITR was held exclusively liable with regard to the period prior to 1 January 2002, the ceiling of 10 % of turnover provided for by Article 23(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] solely on the basis of the turnover of Parker ITR Srl;
EN Official Journal of the European Union C 34/21

Judgment of the General Court of 9 December 2014 — Leali and Acciaierie e Ferrieere Leali Luigi v Commission

(Cases T-489/09, T-490/09 and T-56/10) (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 - Legal basis - Misuse of powers and abuse of procedure - Fines - Duration of the infringement - Proportionality - Limitation period - Action for annulment - Amending decision - Inadmissibility))

(2015/C 034/22)

Language of the case: Italian

Parties

Applicants: Leali SpA (Odolo, Italy) (Cases T-489/09 and T-56/10); and Acciaierie e Ferriere Leali Luigi SpA (Brescia, Italy) (Cases T-490/09 and T-56/10) (represented by: G. Belotti, lawyer)

Defendant: European Commission (represented, in Cases T-489/09 and T-490/09, initially by R. Sauer and V. Di Bucci, subsequently by R. Sauer and B. Gencarelli, and finally by R. Sauer and R. Striani, and, in Case T-56/10, initially by R. Sauer and B. Gencarelli, and subsequently by R. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer)

Re:

In Cases T-489/09 and T-490/09, applications 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), and in the alternative, applications for a reduction in the amount of the fine imposed on the applicants, and in Case T-56/10, application for annulment of Commission Decision C(2009) 9912 final of 8 December 2009, amending Decision C(2009) 7492 final.

Operative part of the judgment

The Court:

1. Orders that Cases T-489/09, T-490/09 et T-56/10 be joined for the purposes of the present judgment;

2. Dismisses the actions;

3. In Case T-489/09, orders Leali SpA to pay the costs;

4. In Case T-490/09, orders Acciaierie e Ferriere Leali Luigi SpA to pay the costs;

5. In Case T-56/10, orders Leali and Acciaierie e Ferriere Leali Luigi to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 38/16

Judgment of the General Court of 15 December 2010 — DTL v OHIM — Gestión de Recursos y Soluciones Empresariales (Solaria)

(Case T-188/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Solaria - Earlier national figurative mark SOLARTIA - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 38/29

Language of the case: Spanish

Parties

Applicant: DTL Corporación SL (Madrid, Spain) (represented by: C. Rueda Pascual and A. Zuazo Araluze)

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, intervening before the General Court: Gestión de Recursos y Soluciones Empresariales SL (Pamplona, Spain) (represented by: C. Gutiérrez Martínez, H. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2010 (Case R 767/2009-2) relating to opposition proceedings between Gestión de Recursos y Soluciones Empresariales SL and DTL Corporación SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DTL Corporación SL to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 219/15

Judgment of the General Court of 14 June 2011 — Sphere Time v OHIM — Punch (Watch attached to a lanyard)

(Case T-68/10) (1)

(Community design - Invalidity proceedings - Registered Community design representing a watch attached to a lanyard - Prior design - Disclosure of prior design - Individual character - Misuse of powers - Articles 4, 6, 7 and 61 to 63 of Regulation (EC) No 6/2002)

2011/C 219/19

Language of the case: English

Parties

Applicant: Sphere Time (Windhof, Luxembourg) (represented by: C. Jäger, N. Gehlsen and M.-C. Simon, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Punch SAS (Nice, France)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 2 December 2009 (case R 1130/2008-3), concerning invalidity proceedings between Punch SAS and Sphere Time.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sphere Time to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 160/22

Judgment of the General Court of 13 April 2011 — Zitro IP v OHIM — Show Ball Informática (BINGO SHOWALL)

(Case T-179/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark BINGO SHOWALL - Earlier figurative Community trade mark SHOW BALL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 160/35

Language of the case: Spanish

Parties

Applicant: Zitro IP Sàrl (Luxembourg, Luxembourg) (represented by: A. Canela Giménez, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Show Ball Informática Ltda (São Paulo, Brazil)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 February 2010 (Case R 666/2009-2) concerning opposition proceedings between Zitro IP Sàrl and Show Ball Informática Ltda

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zitro IP Sàrl to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 340/19

Judgment of the General Court of 6 October 2011 — medi v OHIM — Deutsche Medien Center (deutschemedi.de)

(Case T-247/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark deutschemedi.de - Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and medi, and earlier trading name and company name medi - Relative ground for refusal - Likelihood of confusion - Article 8(1) of Regulation (EC) No 207/2009)

2011/C 340/38

Language of the case: German

Parties

Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by: H. Lindner, D. Terheggen and T. Kiphuth, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Deutsche Medien Center GmbH (Dortmund, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 March 2010 (Case R 1336/2008-4) relating to opposition proceedings between Weihermüller & Voigtmann GmbH & Co. KG and Deutsche Medi Präventions GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 March 2010 (Case R 1336/2008-4);

2. Orders OHIM to bear, in addition to its own costs, the costs of Medi GmbH & Co. KG;

3. Orders Deutsche Medien Center GmbH to bear its own costs.

(1) OJ C 209, 31.7.2010.