ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 133/22

Judgment of the General Court of 21 March 2012 — Fiskeri og Havbruksnæringens Landsforening and Others v Council

(Case T-115/06) (1)

(Dumping - Imports of salmon originating in Norway - Lesser duty rule - Calculation of minimum import prices and fixed duties)

2012/C 133/41

Language of the case: English

Parties

Applicants: Fiskeri og Havbruksnæringens Landsforening (Oslo, Norway); Norske Sjømatbedrifters Landsforening (Trondheim, Norway); Salmar Farming AS (Kverva, Norway); Hydroteck AS (Kristiansund, Norway); Hallvard Lerøy AS (Bergen, Norway); and Lerøy Midnor AS (Hestvika, Norway) (represented by: B. Servais and T. Paulsen, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents)

Intervener in support of the defendant: European Commission (represented: initially by P. Stancanelli and K. Talabér-Ritz, and subsequently by K. Talabér-Ritz, T. Scharf and H. van Vliet, acting as Agents, and by E. McGovern, Barrister)

Re:

Application for annulment of Council Regulation (EC) No 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway (OJ 2006 L 15, p. 1)

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway in so far as it concerns the Fiskeri og Havbruksnæringens Landsforening, the Norske Sjømatbedrifters Landsforening, Salmar Farming AS, Hydroteck AS, Hallvard Lerøy AS and Lerøy Midnor AS;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs and to pay those of the Fiskeri og Havbruksnæringens Landsforening, the Norske Sjømatbedrifters Landsforening, Salmar Farming, Hydroteck, Hallvard Lerøy and Lerøy Midnor;

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

(1) OJ C 143, 17.6.2006.
EN Official Journal of the European Union C 6/11

Judgment of the General Court of 16 November 2011 — Groupe Gascogne v Commission

(Case T-72/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Fines - Maximum limit of 10 % of turnover - Proportionality)

2012/C 6/15

Language of the case: French

Parties

Applicant: Groupe Gascogne SA (St Paul-lès-Dax, France) (represented initially by: C. Lazarus, then by P. Hubert and E. Durand, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and F. Arbault, then by F. Castillo de la Torre and N. von Lingen, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and application for amendment of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Groupe Gascogne SA to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 379/21

Judgment of the General Court of 25 October 2012 — Arbos v Commission

(Case T-161/06) (1)

(Action for damages - ‘Culture 2000’ programme - Grants made for projects - Claims for payment of various sums - Article 44(1)(c) of the Rules of Procedure - Inadmissible)

2012/C 379/35

Language of the case: German

Parties

Applicant: Arbos Gesellschaft für Musik und Theater (Klagenfurt, Austria) (represented by: H. Karl, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin and I. Kaufmann-Buhler, then L. Pignataro-Nolin and W. Molls, and finally W. Molls and D. Roussanov, Agents)

Re:

Action for compensation from the Commission, first, for payment of EUR 38 585,42 plus interest at 12 % from 1 January 2001 and EUR 27 618,91 plus interest at 12 % from 1 March 2003 and, second, the payment of EUR 26 459,38 excluding VAT for fees for lawyers instructed during the pre-litigation phase.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arbos Gesellschaft für Musik und Theater to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 355/16

Judgment of the General Court of 27 September 2012 — Koninklijke BAM Groep v Commission

(Case T-355/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Duration of the infringement)

2012/C 355/31

Language of the case: Dutch

Parties

Applicant: Koninklijke BAM Groep NV (Bunnik, Netherlands) (represented by: M. Biesheuvel and J. de Pree, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Koninklijke BAM Groep NV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 209/50

Judgment of the Court of First Instance of 8 July 2008 — Lancôme v OHIM — CMS Hasche Sigle (COLOR EDITION)

(Case T-160/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark COLOR EDITION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 - Legal interest in bringing proceedings - Article 55 of Regulation No 40/94)

(2008/C 209/88)

Language of the case: French

Parties

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France) (represented by: E. Baud, 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: CMS Hasche Sigle (Cologne, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2007 (Case R 231/2006-2) concerning invalidity proceedings between CMS Hasche Sigle and Lancôme parfums et beauté & Cie SNC

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Lancôme parfums et beauté & Cie SNC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 6/29

Judgment of the Court of First Instance of 12 November 2008 — GretagMacbeth v OHIM (Combination of 24 coloured squares)

(Case T-400/07) (1)

(Community trade mark - Application for Community colour mark - Combination of 24 coloured squares - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/59)

Language of the case: German

Parties

Applicant: GretagMacbeth LLC (New Windsor, New York, United States) (represented by: J. Weiser, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 30/2007-4) concerning an application for registration as a Community trade mark of a colour sign composed of 24 coloured squares

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders GretagMacbeth LLC to pay the costs.

(1) OJ C 315, 22.12.2007.
EN Official Journal of the European Union C 313/31

Judgment of the Court of First Instance of 21 October 2008 — Aventis Pharma v OHIM — Nycomed (Prazol)

(Case T-95/07) (1)

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

(2008/C 313/55)

Language of the case: English

Parties

Applicant: Aventis Pharma SA (Antony, France) (represented by: R. Gilbey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by S. Laitinen, and subsequently by Ó. Mondéjar Ortuño, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Nycomed GmbH, formerly Altana Pharma AG (Konstanz, Germany) (represented by: A. Ferchland, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 February 2007 (Case R 302/2005-4), relating to opposition proceedings between Altana Pharma AG and Aventis Pharma SA.

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 8 February 2007 (Case R 302/2005-4);

2. Orders OHIM to bear its own costs and to pay those incurred by Aventis Pharma SA;

3. Orders Nycomed GmbH to bear its own costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 32/32

Judgment of the Court of First Instance of 16 December 2008 — Mergel and Others v OHIM (Patentconsult)

(Case T-335/07) (1)

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

(2009/C 32/60)

Language of the case: German

Parties

Applicants: Volker Mergel (Wiesbaden, Germany); Klaus Kampfenkel (Hofheim, Germany); Burkart Bill (Darmstadt, Germany); and Andreas Herden (Wiesbaden) (represented by: G. Friderichs, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the registration of the word sign Patentconsult as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 19/26

Judgment of the Court of First Instance of 2 December 2008 — Ford Motor v OHIM (FUN)

(Case T-67/07) (1)

(Community trade mark - Application for Community word mark FUN - Absolute grounds for refusal - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2009/C 19/49)

Language of the case: German

Parties

Applicant: Ford Motor Co. (Dearborn, Michigan, United States) (represented by: R. Ingerl, lawyer)

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

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 December 2006 (Case R 1135/2006-2), concerning an application for registration of the Community word mark FUN.

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 20 December 2006 (Case R 1135/2006 2);

2. Orders OHIM to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 113/33

Judgment of the Court of First Instance of 25 March 2009 — L’Oréal v OHIM — Spa Monopole (SPALINE)

(Case T-21/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark SPALINE - Earlier national word mark SPA - Relative ground for refusal - Damage to reputation - Unfair advantage derived from the reputation of the earlier mark - Use of the mark applied for without due cause - Article 8(5) of Regulation (EC) No 40/94)

2009/C 113/67

Language of the case: English

Parties

Applicant: L’Oréal SA (Paris, France) (represented by: E. Baud, 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, intervening before the Court of First Instance: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: E. Cornu, L. De Brouwer, D. Moreau and E. De Gryse, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 October 2006 (Case R 415/2005-1), concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and L’Oréal SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders L’Oréal SA to pay the costs.

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 55/24

Judgment of the Court of First Instance of 20 January 2009 — Pioneer Hi-Bred International v OHIM (OPTIMUM)

(Case T-424/07) (1)

(Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM's own motion - Articles 73 and 74(1) of Regulation (EC) No 40/94)

(2009/C 55/44)

Language of the case: English

Parties

Applicant: Pioneer Hi-Bred International, Inc. (Johnston, Iowa, United States) (represented by: G. Würtenberger, R. Kunze and T. Wittmann, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pioneer Hi-Bred International, Inc. to pay the costs.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 193/19

Judgment of the Court of First Instance of 2 July 2009 — Euro-Information v OHIM (Representing a hand holding a card with three triangles))

(Case T-414/07 (1)

(Community trade mark - Application for a Community figurative mark representing a hand holding a card with three triangles - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 193/28

Language of the case: French

Parties

Applicant: Européenne de traitement de l’information (Euro-Information) (Strasbourg, France) (represented by: P. Greffe, M. Chaminade and L. Paudrat, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and R. Bianchi, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2007 (Case R 290/2007-1), rejecting the application for registration of a sign representing a hand holding a card with three triangles as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Européenne de traitement de l’information (Euro-Information) to pay the costs.

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 153/37

Judgment of the Court of First Instance of 12 May 2009 — Jurado Hermanos v OHIM (JURADO)

(Case T-410/07) (1)

(Community trade mark - Community word mark JURADO - Failure by the proprietor of the trade mark to apply for renewal - Removal of the mark on expiry of the registration - Application by the exclusive licensee for restitutio in integrum)

2009/C 153/71

Language of the case: Spanish

Parties

Applicant: Jurado Hermanos, SL (Alicante, Spain) (represented by: C. Martín Álvarez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and P. López Fernández de Corres, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 866/2007-2) concerning the application lodged by the applicant for restitutio in integrum.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jurado Hermanos, SL to pay the costs, including those of the interlocutory proceedings.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 267/61

Judgment of the Court of First Instance of 23 September 2009 — Cohausz v OHIM — Izquierdo Faces (acopat)

(Case T-409/07) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark acopat - Earlier national word marks COPAT - Relative ground for refusal - No genuine use of the earlier marks - Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009)

2009/C 267/107

Language of the case: English

Parties

Applicant: Helge B. Cohausz (Düsseldorf, Germany) (represented initially by: I. Friedhoff, lawyer, and subsequently by S. von Petersdorff-Campen and H. Timmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: José Izquierdo Faces (Bilbao, Spain) (represented by: H. Bock, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2007 (Case R 289/2006-1) relating to invalidity proceedings between Helge B. Cohausz and José Izquierdo Faces.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mr Helge B. Cohausz to pay the costs.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 256/24

Judgment of the Court of First Instance of 14 September 2009 — Lange Uhren v OHIM (Geometric shapes on a watch-face)

(Case T-152/07) (1)

(Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)

2009/C 256/43

Language of the case: German

Parties

Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by: M. Schaeffer, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lange Uhren GmbH to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 24/46

Judgment of the General Court of 9 December 2009 — Apache Footwear and Apache II Footwear v Council

(Case T-1/07) (1)

(Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy status - Community interest)

2010/C 24/80

Language of the case: English

Parties

Applicants: Apache Footwear Ltd (Pingsha, China); and Apache II Footwear Ltd (Qingxin) (Taiping Zhen, China) (represented initially by: O. Prost and S. Ballschmiede, and subsequently by O. Prost and E. Berthelot, lawyers)

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

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, acting as Agents; Confédération européenne de l’industrie de la chaussure (CEC), (Brussels, Belgium) (represented initially by P. Vlaemminck, G. Zonnekeyn and S. Verhulst, and subsequently by P. Vlaemminck and A. Hubert, lawyers); BA.LA. di Lanciotti Vittorio & C. Sas (Monte Urano, Italy) and the 16 other interveners the names of which are listed in the Annex to the judgment, represented by P. Tabellini, G. Celona and C. Cavaliere, lawyers)

Re:

Application for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1), in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) to bear their own costs as well as those incurred by the Council of the European Union;

3. Orders the European Commission, the Confédération européenne de l’industrie de la chaussure (CEC), BA.LA. di Lanciotti Vittorio & C. Sas and the 16 other interveners the names of which are listed in the Annex to bear their own costs.

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 282/42

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

(Case T-432/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Fruit and vegetables - Conditions for recognition of producers’ organisations)

2009/C 282/79

Language of the case: French

Parties

Applicant: French Republic (represented by: G. de Bergues, A.L. During, acting as Agents)

Defendant: Commission of the European Communities (represented by: F. Clotuche-Duvieusart and F. Jimeno Fernández, Agents)

Re:

Application for annulment of Commission Decision 2007/647/EC of 3 October 2007 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 2007 L 261, p. 28), in so far as it excludes certain expenditure incurred by the French Republic for producers’ organisations in the fruit and vegetable sector.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to pay the costs.

(1) OJ C 22, 26.01.2008.
Judgment of the General Court of 6 May 2010 — Comune di Napoli v Commission

(Case T-388/07) (1)

(ERDF - Reduction in assistance - Urban pilot project for the development of a telematic network for the city of Naples - Notion of ‘irregularity’ - Eligible expenses)

(2010/C 161/59)

Language of the case: Italian

Parties

Applicant: Comune di Napoli (Italy) (represented by: F. Sciaudone, G. Tarallo, G. Pizza and R. Sciaudone, lawyers)

Defendant: European Commission (represented by: L. Flynn, Agent, and A. Dal Ferro, lawyer)

Re:

First, annulment of Commission Decision C(2007) 3893 of 8 August 2007, concerning a reduction in the assistance granted by the European Regional Development Fund (ERDF) under Article 10 of Regulation (EEC) No 4254/88, amended by Regulation (EEC) No 2083/93, to the city of Naples (Italy) by Commission Decision PH/1997/2761, approving the granting of ERDF assistance in the context of urban pilot project No 97.05.29.002 and, secondly, an application for damages seeking compensation for the damage allegedly suffered by the applicant following the adoption of the contested decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Comune di Napoli to pay the costs.

(1) OJ C 283, 24.11.2007.