ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/44

Judgment of the Court of First Instance of 8 July 2008 — Huvis v Council

(Case T-221/05) (1)

(Dumping - Imports of polyester staple fibres from Korea - Regulation terminating an interim review - Application of a different methodology to that used in the initial investigation - Requirement of a change in circumstances - Adjustment claimed for credit costs - Credit periods - Burden of proof - Principle of sound administration - Article 2(10)(b) and (g) and Article 11(9) of Regulation (EC) No 384/96)

(2008/C 209/76)

Language of the case: English

Parties

Applicant: Huvis Corp. (Gangnam-gu, Seoul, South Korea,) (represented by: J.-F. Bellis, F. Di Gianni and R. Antonini, lawyers)

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

Intervener in support of the defendant: Commission of the European Communities (represented by: E. Righini and K. Talabér Ricz, acting as Agents)

Re:

Application, first, for the annulment of Article 2 of Council Regulation (EC) No 428/2005 of 10 March 2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the People's Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan (OJ 2005 L 71, p. 1) and, second, for a declaration under Article 241 EC that the provisions of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) are inapplicable to the extent to which they support the disputed conclusions contained in Regulation No 428/2005

Operative part of the judgment

The Court:

1. Annuls Article 2 of Council Regulation (EC) No 428/2005 of 10 March 2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the People's Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan, to the extent to which the anti-dumping duty imposed on exports into the European Community of goods produced and exported by Huvis Corp. exceeds that which would be applicable if the ‘input’ method, used in the initial investigation, had been used to calculate the adjustment to the normal value for import charges and indirect taxes;

2. Dismisses the action as to the remainder;

3. Orders the Council to bear its own costs and to pay 70 % of the costs incurred by Huvis Corp.;

4. Orders the Commission to bear its own costs.

(1) OJ C 193, 6.8.2005.
EN Official Journal of the European Union C 51/41

Judgment of the Court of First Instance (First Chamber) of 16 January 2008 — Scippacercola and Terezakis v Commission

(Case T-306/05) (1)

(Competition - Abuse of dominant position - Allegation of excessive charges applied by the operator of Athens International Airport - Rejection of the complaint - No Community interest)

(2008/C 51/76)

Language of the case: English

Parties

Applicants: Isabella Scippacercola (Brussels, Belgium) and Ioannis Terezakis (Brussels) (represented by: A. Krystallidis and G. Stylianakis, lawyers)

Defendant: Commission of the European Communities (represented by: P. Hellström, A. Nijenhuis and F. Amato, Agents)

Re:

Application for annulment in part of the Commission's decision of 2 May 2005 pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 EC and 82 EC (OJ 2004 L 123, p. 18), rejecting complaint No COMP/D3/38469 concerning the levy of certain charges by the operator of Athens International Airport at Spata and by Olympic Fuel Company.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Isabella Scippacercola and Ioannis Terezakis to pay the costs.

(1) OJ C 271, 29.10.2005.
EN Official Journal of the European Union C 44/42

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

(Case T-455/05) (1)

(State aid - Metallurgy sector - Acquisition of a shareholding held by an undertaking in a property company and repayment of a loan by that undertaking to the property company in consideration for an investment in that undertaking - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Valuation of the shares in a property company - Valuation of the real property assets of a company - Duty to state the reasons for the decision - Finding of the Court of its own motion)

(2009/C 44/71)

Language of the case: Finnish

Parties

Applicant: Componenta Oyj (Helsinki, Finland) (represented by: M. Savola and A. Järvinen, lawyers)

Defendant: Commission of the European Communities (represented by: C. Giolito and M. Huttunen, Agents)

Intervener in support of the applicant: Republic of Finland (represented by: E. Bygglin, A. Guimaraes-Purokoski and J. Heliskoski, Agents)

Re:

Application for annulment of Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for investment aid to Componenta Corporation (OJ 2006 L 353, p. 36)

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2006/900/EC of 20 October 2005 on the State Aid implemented by Finland for investment aid to Componenta Corporation;

2. Orders the Commission to bear its own costs and pay Componenta's costs;

3. Orders the Republic of Finland to bear its own costs.

(1) OJ C 48, 25.2.2006.
EN Official Journal of the European Union C 313/27

Judgment of the Court of First Instance of 15 October 2008 — Mote v Parliament

(Case T-345/05) (1)

(Privileges and immunities - Member of the European Parliament - Waiver of immunity)

(2008/C 313/47)

Language of the case: English

Parties

Applicant: Ashley Neil Mote (represented by: J. Lofthouse and C. Hayes, Barristers, and M. Monan, Solicitor)

Defendant: European Parliament (represented by: H. Krück, D. Moore and M. Windisch, acting as Agents)

Re:

Application for the annulment of the decision of the Parliament of 5 July 2005 waiving the applicant's parliamentary immunity.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ashley Neil Mote to bear his own costs and to pay those of the European Parliament.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 256/22

Judgment of the Court of First Instance of 4 September 2009 — Austria v Commission

(Case T-368/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cattle premium - Suckler cow premium - Payment for extensification - Key controls - Duty to use a computerised geographical information system - Control of Alpine forage areas - Duty to cooperate - Duty to state reasons - Type of financial correction applied - Extrapolation of the findings of default)

2009/C 256/38

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: H. Dossi, initially, H. Dossi and C. Pesendorfer, subsequently, and C. Pesendorfer and A. Hable, finally, Agents)

Defendant: Commission of the European Communities (represented by: F. Erlbacher, Agent)

Re:

Annulment of Commission Decision 2005/555/EC of 15 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the ‘Guarantee’ Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 188, p. 36), inasmuch as it excluded certain expenditure by the Republic of Austria.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 153/34

Judgment of the Court of First Instance of 7 May 2009 — NHL Enterprises v OHIM — Glory & Pompea (LA KINGS)

(Case T-414/05) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LA KINGS - Earlier national figurative mark KING - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 153/64

Language of the case: English

Parties

Applicant: NHL Enterprises BV (Rijswijk, Netherlands) (represented initially by G. Llewelyn, Solicitor, and V. Barresi, lawyer, and subsequently by M. Collins, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Glory & Pompea, SA (Mataró, Spain)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2005 (Case R 371/2003-4), concerning opposition proceedings between Glory & Pompea, SA and NHL Enterprises BV.

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 6 July 2005 (Case R 371/2003-4);

2. Orders OHIM to bear its own costs and to pay those incurred by NHL Enterprises BV.

(1) OJ C 36, 11.2.2006.
EN Official Journal of the European Union C 179/30

Judgment of the General Court of 19 May 2010 — Outokumpu and Luvata v Commission

(Case T-20/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Fines - Size of the relevant market - Aggravating circumstance - Repeat infringement)

2010/C 179/50

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: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application for cancellation or reduction of the fine imposed on the applicants under Article 2(j) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes).

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 82, 2.4.2005.
EN Official Journal of the European Union C 282/35

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

(Case T-161/05) (1)

(Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price-fixing - Attributability of the infringement - Fines - Proportionality - Cooperation - Aggravating circumstances - Repeated infringement - Access to the file - Report of the Hearing Officer - Order to bring the infringement to an end)

2009/C 282/64

Language of the case: German

Parties

Applicant: Hoechst GmbH, formerly Hoechst AG (Frankfurt am Main, Germany) (represented initially by M. Klusmann and U. Itzen, and subsequently by M. Klusmann, U. Itzen and S. Thomas, lawyers)

Defendant: Commission of the European Communities (represented initially by A. Bouquet, F. Amato and M. Schneider, and subsequently by A. Bouquet and M. Kellerbauer, Agents)

Re:

Application, principally, for annulment of Articles 2 and 3 of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — MCAA) and, in the alternative, application for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Hoechst AG in Article 2(b) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — MCAA) at EUR 66 627 million;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 155, 25.6.2005.
EN Official Journal of the European Union C 165/16

Judgment of the General Court of 25 April 2012 — Movimondo Onlus v Commission

(Case T-329/05) (1)

(Arbitration clause - Framework agreement between ECHO and humanitarian organisations - Grant agreements - Suspension of payments)

2012/C 165/25

Language of the case: Italian

Parties

Applicant: Movimondo Onlus — Organizzazione non governativa di cooperazione e solidarietà internazionale (Rome, Italy) (represented by: initally P. Vitali, G. Verusio, G.M. Roberti and A. Franchi, subsequently P. Vitali, G. Verusio and A. Franchi, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and F. Moro, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Principal claim, under Article 238 EC, for the payment of amounts under grant agreements and, in the alternative, annulment of two letters from the Commission dated 17 June and 27 July 2005.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Movimondo Onlus — Organizzazione non governativa di cooperazione e solidarietà internazionale to pay the costs.

(1) OJ C 257, 15.10.2005.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — Commission v Alexiadou

(Case T-312/05) (1)

(Arbitration clause - Contract concerning a project for the development of a technology for the production of waterproof leathers - Failure to perform the contract - Reimbursement of sums advanced - Default interest - Referral back to the General Court after annulment - Default proceedings)

(2010/C 288/54)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: D. Triantafyllou, acting as Agent)

Defendant: Efrosyni Alexiadou (Saloniki, Greece) (represented by: C. Matellas, lawyer)

Re:

Action brought by the Commission under Article 238 EC seeking an order for reimbursement of EUR 23 036,31 advanced by the Commission to the defendant under a contract concerning a project for developing a technology for the production of waterproof leathers (Contract G1ST-CT-2002-50227), together with default interest.

Operative part of the judgment

The Court:

1. Orders Efrosyni Alexiadou to repay the sum of EUR 23 036,31 to the European Commission, together with default interest: — at the rate of 5.25 % per annum from 1 March 2003 to 31 August 2005; — at the statutory annual rate applicable under Belgian law, with a ceiling of 5.25 % per annum, from 1 September 2005 to payment in full of the debt;

2. Orders Efrosyni Alexiadou to pay the costs.

(1) OJ C 271, 29.10.2005.
EN Official Journal of the European Union C 128/32

Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality)

(Case T-294/06) (1)

(Community trade mark - Application for the Community word mark Vitality - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 128/70)

Language of the case: German

Parties

Applicant: Nordmilch eG (Zeven, Germany) (represented by: R. Schneider, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2006 (Case R 746/2004-4) concerning the registration of the word sign Vitality as a Community trade mark.

Operative part of the judgment

1. The action is dismissed.

2. Nordmilch eG is ordered to pay the costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 22/43

Judgment of the Court of First Instance of 12 December 2007 — Ireland and Others v Commission

(Joined Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06) (1)

(State aid - Directive 92/81/EEC - Excise duty on mineral oils - Mineral oils used as fuel for the production of alumina - Exemption granted by the French, Irish and Italian authorities - New aid - Existing aid - Obligation to state reasons - Finding of the Court of its own motion)

(2008/C 22/80)

Languages of the case: English, French and Italian

Parties

Applicant in Case T-50/06: Ireland (represented by: D. O'Hagan, Agent, and P. McGarry, Barrister)

Applicant in Case T-56/06: French Republic (represented by: G. de Bergues and S. Ramet, Agents)

Applicant in Case T-60/06: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Applicant in Case T-62/06: Eurallumina SpA (Portoscuso, Italy) (represented by: L. Martin Alegi, R. Denton and M. Garcia, Solicitors)

Applicant in Case T-69/06: Aughinish Alumina Ltd (Askeaton, Ireland) (represented by: J. Handoll and C. Waterson, Solicitors)

Defendant: Commission of the European Communities (represented by V. Di Bucci, N. Khan, P. Stancanelli and K. Walkerová, acting as Agents)

Re:

Actions for annulment of Commission Decision 2006/323/EC of 7 December 2005 on the exemption from excise duty on mineral oils used as fuel for alumina production in the Gardanne region, the Shannon region and Sardinia, implemented by France, Ireland and Italy respectively (OJ 2006 L 119, p. 12)

Operative part of the judgment

The Court:

1. Joins Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06 for the purposes of the judgment;

2. Annuls Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy;

3. Dismisses the remainder of the action in Case T-62/06;

4. Orders the Commission to bear its own costs and to pay those of the applicants, including the costs of the interim proceedings in Case T-69/06 R.

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 209/48

Judgment of the Court of First Instance of 9 July 2008 — Reber v OHIM — Chocoladefabriken Lindt & Sprüngli (Mozart)

(Case T-304/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark Mozart - Subject-matter of the dispute - Absolute ground for refusal - Descriptive character - Obligation to state the reasons on which a decision is based - Legitimate expectations - Equal treatment - Principle of legality - Article 7(1)(c), Article 51(1)(a), Article 73, first sentence, and Article 74(1), first phrase, of Regulation (EC) No 40/94)

(2008/C 209/84)

Language of the case: German

Parties

Applicant: Paul Reber GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R.Lange and G. Hild, lawyers)

Re:

Action brought against the decision of the second Board of Appeal of OHIM of 8 September 2006 (Case R 97/2005-2) relating to entry of Chocoladefabriken Lindt & Sprüngli AG and Paul Reber GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Paul Reber GmbH & Co. KG to pay its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

3. Orders Chocoladefabriken Lindt & Sprungli AG to bear its own costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 171/31

Judgment of the Court of First Instance of 22 May 2008 — NewSoft Technology v OHIM — Soft (Presto! BizCard Reader)

(Case T-205/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark Presto! BizCard Reader - Earlier national figurative marks Presto - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94)

(2008/C 171/56)

Language of the case: German

Parties

Applicant: NewSoft Technology Corp. (Taipei, Taiwan) (represented by: M. Dirksen-Schwanenland, U. von Sothen and M. Di Stefano, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Soft, SA (Madrid, Spain) (represented by: A. Velázquez Ibáñez and P. Merino Baylos, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 May 2006 (Case R 601/2005-2) relating to invalidity proceedings between Soft, SA and NewSoft Technology Corp.

Operative part of the judgment

1. The action is dismissed.

2. NewSoft Technology Corp. is ordered to pay the costs.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 301/31

Judgment of the Court of First Instance of 8 October 2008 — Helkon Media v Commission

(Case T-122/06) (1)

(Arbitration clause - Programme to encourage the development, distribution and promotion of European audio-visual works (MEDIA Plus) - Demand for payment of financial aid - Existence of an arbitration clause - Compensation - Admissibility)

(2008/C 301/49)

Language of the case: German

Parties

Applicant: Helkon Media AG (Munich, Germany) (represented by: U. Karpenstein, lawyer)

Defendant: Commission of the European Communities (represented by: G. Wilms and I. Kaufmann-Bühler, acting as Agents)

Re:

Action under Article 238 EC for an order that the Commission pay to the applicant a sum allegedly owed under a contract relating to Community support for the project ‘DARK BLUE WORLD’ (Project no. 2002-4212-0103DI010006DE).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Helkon Media AG to pay the costs.

(1) OJ C 154, 1.7.2006.
EN Official Journal of the European Union C 272/21

Judgment of the Court of First Instance of 10 September 2008 — Gerson v OHIM (Paint filter partly coloured yellow)

(Case T-201/06) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Paint filter partly coloured yellow - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/38)

Language of the case: English

Parties

Applicant: Louis M. Gerson Co., Inc., (Middleboro, Massachusetts, United States) (represented by: M. Edenborough, Barrister)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 May 2006 (Case R 1387/2005-2) concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of a paint filter coloured yellow near the tip.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Louis M. Gerson Co., Inc. to pay the costs.

(1) OJ C 224, 16.9.2006.