ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 133/21

Judgment of the General Court of 21 March 2012 — Marine Harvest Norway and Alsaker Fjordbruk v Council

(Case T-113/06) (1)

(Dumping - Imports of salmon originating in Norway - Definition of the Community industry - Like product - Composition of the sample of Community producers)

2012/C 133/40

Language of the case: English

Parties

Applicants: Marine Harvest Norway AS, successor in law to Fjord Seafood Norway AS (Bergen, Norway) and Alsaker Fjordbruk AS (Onarheim, Norway) (represented by: J.M. Juuhl-Langseth and P. Dyrberg, lawyers)

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

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 Marine Harvest Norway AS, legal successor to Fjord Seafood Norway AS, for the anti-dumping duties applied to imports originating from the latter until 18 September 2007, and Alsaker Fjordbruk 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 Marine Harvest Norway, legal successor to Fjord Seafood Norway, and Alsaker Fjordbruk;

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

(1) OJ C 131, 3.6.2006.
EN Official Journal of the European Union C 6/9

Judgment of the General Court of 16 November 2011 — Kendrion v Commission

(Case T-54/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Economic entity - Joint and several liability - Proportionality - Equal treatment - Fines - Maximum limit of 10 % of turnover - Real ability to pay)

2012/C 6/11

Language of the case: Dutch

Parties

Applicant: Kendrion NV (Zeist, Netherlands) (represented initially by: P. Glazener and C. Meijer, then by P. Glazener and L. Haasbeek, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Nijenhuis and S. Noë)

Re:

Application for annulment 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), in so far as it is addressed to the applicant, concerning a cartel on the market for plastic industrial bags, and application for annulment or, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kendrion NV to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 63/17

Judgment of the General Court of 22 January 2013 — Budějovický Budvar v OHIM — Anheuser-Busch (BUD)

(Joined Cases T-225/06 RENV, T-255/06 RENV, T-257/06 RENV and T-309/06 RENV) (1)

(Community trade mark - Opposition proceedings - Applications for Community word and figurative marks BUD - Appellations ‘bud’ - Relative grounds for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))

2013/C 63/33

Language of the case: English

Parties

Applicant: Budějovický Budvar, národní podnik (České Budějovice, Czech Republic) (represented by: F. Fajgenbaum, C. Petsch, S. Sculy-Logotheti and T. Lachacinski, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anheuser-Busch LLC (Saint Louis, Missouri, United States) (represented by: V. von Bomhard, B. Goebel and A. Renck, lawyers)

Re:

Actions brought against the decisions of the Second Board of Appeal of OHIM of 14 June 2006 (Case R 234/2005-2), 28 June 2006 (Cases R 241/2005-2 and R 802/2004-2) and 1 September 2006 (Case R 305/2005-2) relating to opposition proceedings between Budějovický Budvar, národní podnik, and Anheuser-Busch, Inc.,

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders each party to bear its own costs.

(1) OJ C 261, 28.10.2006.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 27 September 2012 — Total Nederland v Commission

(Case T-348/06) (1)

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

2012/C 355/26

Language of the case: English

Parties

Applicant: Total Nederland NV (Voorburg, Netherlands) (represented by: A. Vandencasteele, lawyer)

Defendant: European Commission (represented by: A. Bouquet and F. Castillo de la Torre, Agents)

Re:

APPLICATION, principally, for partial 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)), and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Total Nederland NV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 209/49

Judgment of the Court of First Instance of 8 July 2008 — Commission v Economidis

(Case T-56/07 P) (1)

(Appeals - Staff cases - Officials - Annulment at first instance of the Commission's decision to appoint a head of unit - Rejection of the applicant's candidature - Appointment of another candidate - Determination of the level of the post to be filled in the vacancy notice - Principle of separation of the grade and the function - Appeal well-founded - Dispute capable of being decided - Dismissal of the action)

(2008/C 209/86)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, Agents)

Other party to the proceedings: Ioannis Economidis (Woluwé-Saint-Etienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Interveners in support of the appellant: European Parliament (represented by: C. Burgos and A. Lukošiūtė, Agents); Council of the European Union (represented by: M. Simm and I. Sulce, Agents); and Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Stenier and B. Schäfer, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 14 December 2006 in Case F-122/05 Economidis v Commission, not yet published in the ECR-SC, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union of 14 December 2006 in Case F-122/05 Economidis v Commission, not yet published in the ECR-SC;

2. Dismisses the action brought by Mr Ioannis Economidis before the Civil Service Tribunal in Case F-122/05;

3. Orders Mr Economidis and the Commission to bear their own costs both in relation to the proceedings before the Civil Service Tribunal and before this Court;

4. Orders the European Parliament, the Council of the European Union and the Court of Auditors of the European Communities to bear their own costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 64/37

Judgment of the Court of First Instance of 29 January 2008 — Foshan Shunde Yongjian Housewares and Hardware v Council

(Case T-206/07) (1)

(Anti-dumping - Importation of ironing boards originating in the People's Republic of China and Ukraine - Undertaking with market economy status - Rights of the defence - Articles 2(7)(c) and 20(5) of Regulation (EC) No 384/96)

(2008/C 64/59)

Language of the case: French

Parties

Applicant: Foshan Shunde Yongjian Housewares & Hardware Co. Ltd (Foshan, China) (represented by: J.-F. Bellis, avocat and G. Vallera, barrister)

Defendant: Council of the European Union (represented by: J.-P. Hixs, Agent assisted initially by B. O'Connor, solicitor and P. Vergano, avocat, and subsequently by B. O'Connor, solicitor, and E. McGovern, barrister)

Interveners in support of the defendant: Commission of the European Communities (represented by: H. van Vliet and K. Talabér-Ricz, Agents); Vale Mill (Rochdale) Ltd (Rochdale, United Kingdom); Pirola SpA (Mapello, Italy); Colombo New Scal SpA (Rovagnate, Italy) (represented by: G. Berrisch and G. Wolf, avocats); and the Italian Republic (represented by: I. Braguglia, Agent assisted by W. Ferrante, avvocato dello Stato)

Re:

Action for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People's Republic of China and Ukraine (OJ 2007 L 109, p. 12) inasmuch as it imposes an anti-dumping duty on imports of ironing boards produced by the applicant

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Foshan Shunde Yongjian Housewares & Hardware Co. Ltd to bear its own costs and to pay those of the Council, Vale Mill (Rochdale) Ltd, Pirola SpA and Colmbo New Scal SpA;

3. Orders the Commission and the Italian Republic to bear their own costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 313/31

Judgment of the Court of First Instance of 23 October 2008 — People's Mojahedin Organization of Iran v Council

(Case T-256/07) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Freezing of funds - Actions for annulment - Rights of the defence - Statement of reasons - Judicial review)

(2008/C 313/56)

Language of the case: English

Parties

Applicant: People's Mojahedin Organization of Iran (Auvers sur Oise, France) (represented by: J.-P. Spitzer, lawyer, and D. Vaughan QC)

Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented: initially by V. Jackson and T. Harris, and subsequently by V. Jackson, Agents, and assisted by S. Lee and M. Gray, Barristers); Commission of the European Communities (represented: initially by S. Boelaert and J. Aquilina, and subsequently by S. Boelaert, P. Aalto and P. van Nuffel, Agents); Kingdom of the Netherlands (represented by: M. de Grave and Y. de Vries, Agents)

Re:

APPLICATION, initially, for annulment of Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58), so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded in so far as it seeks annulment of Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC

2. Annuls Article 1 of Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/445, and point 2.19 of the list annexed to that decision, in so far as they concern the People's Mojahedin Organization of Iran;

3. Dismisses the action as unfounded in so far as it seeks annulment of the other provisions of Decision 2007/868, so far as the People's Mojahedin Organization of Iran is concerned;

4. Orders the Council to bear, in addition to its own costs, one third of the costs of the People's Mojahedin Organization of Iran;

5. Orders the United Kingdom of Great Britain and Northern Ireland, the Commission and the Kingdom of the Netherlands to pay their own costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 272/25

Judgment of the Court of First Instance of 10 September 2008 — Alcon v OHIM — *Acri.Tec (BioVisc)

(Case T-106/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark BioVisc - Earlier international word marks PROVISC and DUOVISC - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/47)

Language of the case: English

Parties

Applicant: Alcon Inc. (Hünenberg, Switzerland) (represented by: M. Graf and R. Schulz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Laitinen, and subsequently by A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: *Acri.Tec AG Gesellschaft für ophthalmologische Produkte (Hennigsdorf, Germany) (represented by: M. von Welser, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 February 2007 (Case R 660/2006-2) concerning opposition proceedings between Alcon Inc. and *Acri.Tec AG Gesellschaft für ophthalmologische Produkte.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Alcon Inc. to pay the costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 19/28

Judgment of the Court of First Instance (First Chamber) of 26 November 2008 — OHIM v López Teruel

(Case T-284/07 P) (1)

(Appeal - Staff cases - Officials - Admissibility - Invalidity - Application for an Invalidity Committee to be convened - Circumscribed powers of the Appointing Authority)

(2009/C 19/53)

Language of the case: French

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero and E. Maurage, Agents)

Other party to the proceedings: Adelaida López Teruel (Guadalajara, Spain) (represented by: initially L. Levi and C. Ronzi, then L. Levi, lawyers)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 22 May 2007 in Case F-97/06 López Teruel v OHIM, not yet published in the ECR, asking for that judgment to be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 6/28

Judgment of the Court of First Instance of 13 November 2008 — Duro Sweden v OHIM (EASYCOVER)

(Case T-346/07) (1)

(Community trade mark - Application for the Community word mark EASYCOVER - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Article 73 of Regulation No 40/94)

(2009/C 6/57)

Language of the case: English

Parties

Applicant: Duro Sweden AB (Gävle, Sweden) (represented by: R. Bird, Solicitor)

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

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 July 2007 (Case R 1065/2005-4) relating to an application for registration of the word mark EASYCOVER as a Community trade mark

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 3 July 2007 (Case R 1065/2005 4) in so far as concerns goods in the category ‘monuments, not of metal’;

2. Dismisses the action as to the remainder;

3. Orders Duro Sweden AB to bear its own costs and to pay three-quarters of OHIM's costs. OHIM is ordered to pay one quarter of its own costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 69/36

Judgment of the Court of First Instance of 28 January 2009 — Volkswagen v OHIM

(Case T-174/07) (1)

(Community trade mark - Application for Community word mark TDI - Absolute ground for refusal - Descriptive character - Lack of distinctive character acquired through use - Article 7(1)(c) and (3) of Regulation (EC) No 40/94 - Article 62(2) of Regulation (EC) No 40/94 - Article 74(1) of Regulation (EC) No 40/94)

(2009/C 69/84)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: S. Risthaus, H.-P. Schrammek, C. Drzymalla and R. Jepsen, lawyers)

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 First Board of Appeal of OHIM of 7 March 2007 (Case R 1479/2005-1) concerning an application for registration of the word sign TDI as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 32/33

Judgment of the Court of First Instance of 16 December 2008 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)

(Case T-357/07) (1)

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

(2009/C 32/62)

Language of the case: English

Parties

Applicant: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: B. Müller, R. Schweizer and T. Schwarz, 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: Editorial Planeta, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 July 2007 (Case R 269/2005-4) relating to opposition proceedings between Editorial Planeta, SA, and Focus Magazin Verlag GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Focus Magazin Verlag GmbH to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 153/36

Judgment of the Court of First Instance of 20 May 2009 — VIP Car Solutions v Parliament

(Case T-89/07) (1)

(Public service contracts - Tendering procedure concerning a chauffeur driven car and minibus service for Members of the European Parliament during sessions in Strasbourg - Rejection of a tender - Obligation to state reasons - Refusal to disclose the price proposed by the successful tenderer - Action for damages)

2009/C 153/68

Language of the case: French

Parties

Applicant: VIP Car Solutions SARL (Hoenheim, France) (represented by: G. Welzer and S. Leuvrey, lawyers)

Defendant: European Parliament (represented by: D. Petersheim and M. Ecker, Agents)

Re:

First, annulment of the decision of the Parliament to refuse to award to the applicant the public contract which was the subject of tendering procedure PE/2006/06/UTD/1 concerning a chauffeur-driven car and minibus service for Members of the European Parliament during sessions in Strasbourg and, second, a claim for damages.

Operative part of the judgment

The Court:

1. Annuls the decision by which the European Parliament refused to award to VIP Car Solutions SARL the public contract which was the subject of tendering procedure PE/2006/06/UTD/1;

2. Dismisses the action as to the remainder;

3. Orders the Parliament to pay the costs.

(1) OJ C 117, 29.5.2007.
EN Official Journal of the European Union C 113/35

Order of the Court of First Instance of 19 March 2009 — Telecom Italia Media v Commission

Case T-96/07 (1)

(State aid - Subsidies for the purchase of digital decoders - Telecommunications - Commission decision finding aid to be incompatible with the common market - Decision of the Member State, adopted during the proceedings, not to recover the aid from the undertaking which brought the action for annulment against the Commission decision - No longer any legal interest in bringing proceedings - No need to adjudicate)

2009/C 113/72

Language of the case: Italian.

Parties

Applicant: Telecom Italia Media (TI Media) SpA (Rome, Italy) (represented by: F. Bassam and S. Venturini, lawyers)

Defendant: Commission of the European Communities (represented by: E. Righini, G. Conte and B. Martenczuk, Agents)

Intervener in support of the defendant: Sky Italia Srl (Rome, Italy) (represented by: F. González Díaz and D. Gerard, lawyers)

Re:

Action for the annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1)

Operative part of the order

1. There is no need to adjudicate on the action.

2. Each party shall bear its own costs.

(1) OJ C 117, 29.5.2007
EN Official Journal of the European Union C 256/25

Judgment of the Court of First Instance of 15 September 2009 — Royal Appliance International v OHIM — BSH Bosch und Siemens Hausgeräte (Centrixx)

(Case T-446/07) (1)

(Community trade mark - Opposition procedure - Application for Community word mark Centrixx - Earlier national word mark sensixx - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1) of Regulation (EC) No 207/2009)

2009/C 256/45

Language of the case: German

Parties

Applicant: Royal Appliance International GmbH (Hilden, Germany) (represented by: K.-J. Michaeli and M. Schork, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2007 (Case R 572/2006-4) concerning opposition proceedings between BSH Bosch und Siemens Hausgeräte GmbH and Royal Appliance International GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Royal Appliance International GmbH to pay the costs.

(1) OJ C 37, 9.2.2008.