ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/30

Judgment of the General Court of 12 July 2011 — Toshiba v Commission

(Case T-113/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Statement of reasons - Starting amount - Reference year)

2011/C 252/71

Language of the case: English

Parties

Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: initially J. MacLennan, Solicitor, A. Schulz and J. Borum, lawyers, and subsequently J. MacLennan and A. Schulz)

Defendant: European Commission (represented by: initially F. Arbault and J. Samnadda, then X. Lewis, and subsequently J. Bourke and F. Ronkes Agerbeek, and finally F. Ronkes Agerbeek and N. Khan, Agents)

Re:

APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and, in the alternative, for the amendment of Articles 1 and 2 of that decision so as to cancel or reduce the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 2(h) and (i) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Toshiba Corp;

2. Dismisses the action as to the remainder;

3. Orders Toshiba to bear three quarters of the costs incurred by the parties before the General Court;

4. Orders the European Commission to bear a quarter of the costs incurred by the parties before the General Court.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 139/15

Judgment of the General Court of 22 March 2011 — Republic of Latvia v Commission

(Case T-369/07) (1)

(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan for the allocation of emission allowances for Latvia for the period from 2008 to 2012 - Three-month time-limit - Article 9(3) of Directive 2003/87)

2011/C 139/29

Language of the case: Latvian

Parties

Applicant: Republic of Latvia (represented by: initially by E. Balode-Buraka and K. Bārdiņa, and subsequently by L. Ostrovska and lastly by L. Ostrovska and K. Drēviņa, Agents)

Defendant: European Commission (represented by: U. Wölker, E. Kalnins and I. Rubene, Agents)

Intervener in support of the applicant: Republic of Lithuania (represented by D. Kriaučiūnas, Agent); and Slovak Republic (represented initially by J. Čorba, and subsequently by B. Ricziová, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by Z. Bryanston-Cross, and subsequently by S. Behzadi-Spencer, I. Rao and F. Penlington, Agents, assisted by J. Maurici, Barrister)

Re:

APPLICATION for annulment of Commission Decision C(2007) 3409, of 13 July 2007, on the amendment of the national plan for the allocation of greenhouse gas emission allowances notified by the Republic of Latvia for the period from 2008 to 2012, under Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2007) 3409, of 13 July 2007, on the amendment of the national plan for the allocation of greenhouse gas emission allowances notified by the Republic of Latvia for the period from 2008 to 2012, under Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Latvia;

3. Orders the Republic of Lithuania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 331/16

Judgment of the General Court of 29 September 2011 — Ryanair v Commission

(Case T-442/07) (1)

(State aid - Aviation sector - Aid granted by the Italian authorities to Alitalia, Air One and Meridiana - Action for failure to act - Failure by the Commission to define its position - Obligation to act)

2011/C 331/29

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, S. Noë and E. Righini, Agents)

Intervener in support of the defendant: Air One SpA (Chieti, Italy) (represented by: M. Merola, C. Santacroce and G. Belotti, lawyers)

Re:

Application for a declaration that the Commission failed to act in unlawfully failing to define its position on the applicant’s complaints concerning, first, aid allegedly granted by the Italian Republic to Alitalia, Air One and Meridiana and, second, an alleged infringement of competition law

Operative part of the judgment

The Court:

1. Declares that the Commission of the European Communities failed to fulfil its obligations under the EC Treaty by failing to adopt a decision in respect of (i) the transfer of the 100 Alitalia employees, complained of in the letter of 16 June 2006 sent to the Commission by Ryanair Ltd, (ii) the compensation granted following the attacks of 11 September, complained of in the letters of 3 November and 13 December 2005 sent to the Commission by Ryanair, and (iii) the reductions in airport charges at hub airports, from which Alitalia, in particular, is claimed to have benefited, complained of in those letters of 3 November and 13 December 2005;

2. Dismisses the action as to the remainder;

3. Orders each of the parties, including Air One SpA, to bear its own costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 269/41

Judgment of the General Court of 13 July 2011 — ENI v Commission

(Case T-39/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Fines - Gravity of the infringement - Aggravating circumstances)

2011/C 269/90

Language of the case: Italian

Parties

Applicant: ENI SpA (Rome, Italy) (represented by: G.M. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)

Re:

Application for annulment, so far as ENI SpA is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on ENI.

Operative part of the judgment

The Court:

1. Annuls Article 2(c) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it sets the amount of the fine imposed on ENI SpA at EUR 272,25 million;

2. Sets the amount of the fine imposed on ENI at EUR 181,5 million;

3. Dismisses the action as to the remainder;

4. Orders the parties to bear their own costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 26/39

Judgment of the General Court of 29 November 2012 — CB v Commission

(Case T-491/07) (1)

(Competition - Decision of an association of undertakings - Market for issuing payment cards in France - Decision finding an infringement of Article 81 EC - Tariff measures applicable to ‘new entrants’ - Membership fees and so-called ‘regulation of customer function’ and ‘sleeper member fee’ mechanisms - Relevant market - Object of the measures at issue - Restriction of competition by object - Article 81(3) EC - Manifest errors of assessment - Principle of sound administration - Proportionality - Legal certainty)

2013/C 26/73

Language of the case: French

Parties

Applicant: Groupement des cartes bancaires ‘CB’ (Paris, France) (represented by: A. Georges, J. Ruiz Calzado, É. Barbier de la Serre, then J. Ruiz Calzado and F. Pradelles, lawyers)

Defendant: European Commission (represented: initially by F. Arbault, O. Beynet and V. Bottka, then O. Beynet, V. Bottka and B. Mongin, acting as Agents)

Interveners in support of the applicant: BNP Paribas (Paris, France) (represented by: O. de Juvigny and D. Berg, lawyers); BPCE, formerly Caisse nationale des caisses d’épargne et de prévoyance (CNCEP) (Paris) (represented by: B. Bär-Bouyssière and A. de Beaugrenier, lawyers); and Société Générale (Paris) (represented by: A. Barav and D. Reymond, lawyers).

Re:

Application for annulment of Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 EC (Case COMP/D1/38.606 — Groupement des Cartes Bancaires ‘CB’).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Groupement des cartes bancaires ‘CB’ to bear its own costs and to pay those incurred by the European Commission;

3. Orders BPCE, BNP Paribas and Société Générale to bear their own costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 138/12

Judgment of the General Court of 29 March 2012 — Lithuania v Commission

(Case T-262/07) (1)

(Agriculture - Common organisation of the markets - Measures to be adopted as a result of the accession of new Member States - 2003 Act of Accession - Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination - Objective pursued by a provision of primary law - Decision 2007/361/EC)

2012/C 138/20

Language of the case: Lithuanian

Parties

Applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, E. Matulionytė and R. Krasuckaitė, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Steiblytė, acting as Agents)

Interveners in support of the applicant: Republic of Poland (represented: initially by T. Nowakowski, subsequently by M. Dowgielewicz and lastly by M. Szpunar, B. Majczyna and D. Krawczyk, acting as Agents); and Slovak Republic (represented: initially by J. Čorba, and subsequently by B. Ricziová, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2007 L 138, p. 14)

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Republic of Lithuania;

3. Orders the Slovak Republic and the Republic of Poland to bear their own costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 305/22

Judgment of the General Court of 30 June 2016 — CB v Commission

(Case T-491/07 RENV) (1)

((Competition - Decision by an association of undertakings - Market for the issue of payment cards in France - Decision finding an infringement of Article 81 EC - Pricing measures applicable to ‘new entrants’ - Membership fee, mechanism for ‘regulating the acquiring function’, and ‘dormant member “wake-up” mechanism’ - Relevant market - Restriction of competition by effect - Article 81(3) EC - Manifest errors of assessment - Principle of sound administration - Proportionality - Legal certainty))

(2016/C 305/30)

Language of the case: French

Parties

Applicant: Groupement des cartes bancaires (CB) (Paris, France) (represented by: F. Pradelles and J. Ruiz Calzado, lawyers)

Defendant: European Commission (represented by: V. Bottka and B. Mongin, Agents)

Interveners in support of the applicant: BNP Paribas (Paris) (represented by: O. de Juvigny and J. Caminati, lawyers); BPCE, formerly Caisse Nationale des Caisses d’Epargne et de Prévoyance (CNCEP) (Paris) (represented by: A. Choffel and S. Hautbourg, lawyers); and Société générale (Paris) (represented by: P. Guibert and P. Patat, lawyers)

Subject matter

Application under Article 263 TFEU seeking the annulment of Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 [EC] (COMP/D1/38606 — Groupement des cartes bancaires ‘CB’).

Operative part of the judgment

The Court hereby:

1. Annuls Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 [EC] (COMP/D1/38606 — Groupement des cartes bancaires ‘CB’) in so far as the European Commission ordered the Groupement, in Article 2, ‘in future to refrain from any act or any conduct having an identical or similar object’;

2. Dismisses the action as to the remainder;

3. Orders Groupement des cartes bancaires (CB) and the Commission to bear their own respective costs, including those incurred in the proceedings before the Court of Justice;

4. Orders BNP Paribas, BPCE and Société générale to bear their own respective costs, including those incurred in the proceedings before the Court of Justice.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 325/20

Judgment of the General Court of 16 September 2013 — Spain v Commission

(Case T-3/07) (1)

(Cohesion fund - Regulation (EC) No 1164/94 - Environmental infrastructure projects under way in the territory of Andalucia (Spain) - Partial withdrawal of financial assistance - Public works and services contracts - Award criteria - Publicity - Eligibility of expenditure - Determination of the financial corrections - Article H(2) of Annex II of Regulation (EC) No 1164/94 - Proportionality)

2013/C 325/32

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented: initially by J.M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)

Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, Agents, and by M. Canal Fontcuberta, lawyer, then A. Steiblytė and S. Pardo Quintillán, Agents)

Re:

Application for annulment of Commission Decision C(2006) 5103 of 20 October 2006 reducing the financial assistance from the Cohesion Fund for five projects being undertaken in the Autonomous Community of Andalucia (Spain).

Operative part of the judgment

The Court:

1. Annuls Articles 2 to 6 Commission Decision C(2006) 5103 of 20 October 2006 reducing the financial assistance from the Cohesion Fund for five projects being undertaken in the Autonomous Community of Andalucia (Spain) in so far as they include an amount of EUR 476 460 by way of financial corrections concerning the projects bearing the references 2000.ES.16.C.PE.004, 2000.ES.16.C.PE.025, 2000.ES.16.C.PE.066 et 2000.ES.16.C.PE.0138;

2. Dismisses the remainder of the application;

3. Orders the Kingdom of Spain and the European Commission to bear their own costs.

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 180/48

Judgment of the Court of First Instance of 11 June 2009 — ERNI Electronics v OHIM (Maxibridge)

(Case T-132/08) (1)

(Community trade mark - Application for the Community word mark MaxiBridge - Absolute ground for refusal - Descriptiveness of the function of the goods indicated in the trade mark application - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009))

2009/C 180/90

Language of the case: German

Parties

Applicant: ERNI Electronics GmbH (Adelberg, Germany) (represented by: N. Breitenbach and W. Schaller, lawyers)

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 January 2008 (Case R 1530/2006-4) regarding the registration of the word sign Maxibridge as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ERNI Electronics GmbH to pay the costs.

(1) OJ C 142 of 7.6.2008
EN Official Journal of the European Union C 19/29

Judgment of the Court of First Instance of 4 December 2008 — People's Mojahedin Organization of Iran v Council

(Case T-284/08) (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 - Judicial review)

(2009/C 19/55)

Language of the case: English

Parties

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

Defendant: Council of the European Union (represented by: initially, G.J. Van Hegleson, M. Bishop and E. Finnegan, subsequently by M. Bishop and E. Finnegan, Agents)

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and A.L. During, Agents); and Commission of the European Communities (represented by: P. Aalto and S. Boelaert, Agents)

Re:

Application for annulment of Council Decision 2008/583/EC of 15 July 2008 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 Decision 2007/868/EC (OJ 2008 L 188, p. 21), so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2008/583/EC of 15 July 2008 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 2007/868/EC, in so far as it concerns the People's Mojahedin Organization of Iran.

2. Orders the Council to bear, in addition to its own costs, the costs of the People's Mojahedin Organization of Iran.

3. Orders the French Republic and the Commission to pay their own costs.

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 205/37

Judgment of the Court of First Instance of 9 July 2009 — Melli Bank v Council

(Joined Cases T-246/08 and T-332/08) (1)

(Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Freezing of funds - Actions for annulment - Judicial review - Proportionality - Equal treatment - Obligation to state reasons - Plea of illegality - Article 7(2)(d) of Regulation (EC) No 423/2007)

2009/C 205/67

Language of the case: English

Parties

Applicant: Melli Bank plc (London, United Kingdom) (represented initially by R. Gordon QC, J. Stratford and M. Hoskins, Barristers, R. Gwynne and T. Din, Solicitors, and subsequently by D. Anderson, QC, M. Hoskins, S. Gadhia, D. Murray and M. Din, Solicitors)

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

Interveners in support of the defendant: French Republic (represented by G. de Bergues, E. Belliard and L. Butel, Agents); United Kingdom of Great Britain and Northern Ireland (represented by V. Jackson, Agent, assisted by S. Lee, Barrister); and Commission of the European Communities (represented by S. Boelaert and P. Aalto, Agents)

Re:

Application in Joined Cases T-246/08 and T-332/08, for annulment of paragraph 4 of Table B of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29) in so far as it relates to Melli Bank plc, and, in Case T-332/08, if necessary, a declaration that Article 7(2)(d) of Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Melli Bank plc to pay, in addition to its own costs, those incurred by the Council of the European Union, including those incurred in the proceedings for interim measures;

3. Orders the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Commission of the European Communities to bear their own costs, including those incurred in the proceedings for interim measures.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 180/49

Judgment of the Court of First Instance of 11 June 2009 — Guedes — Indústria e Comércio v OHIM — Espai Rural de Gallecs (Gallecs)

(Case T-151/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Gallecs - Earlier national and Community figurative marks GALLO, GALLO AZEITE NOVO, GALLO AZEITE - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

2009/C 180/91

Language of the case: English

Parties

Applicant: Victor Guedes — Indústria e Comércio SA (Lisbon, Portugal) (represented by: B. Braga da Cruz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Consorci de l’Espai Rural de Gallecs (Gallecs, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2008 (Case R 986/2007-2) relating to opposition proceedings between Victor Guedes — Indústria e Comércio SA and Consorci de l’Espai Rural de Gallecs.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Victor Guedes — Indústria e Comércio SA to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 312/28

Judgment of the Court of First Instance of 11 November 2009 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako)

(Case T-162/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark GREEN by missako - Earlier national and Community figurative marks MI SA KO - 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))

2009/C 312/46

Language of the case: English

Parties

Applicant: Frag Comercio Internacional, SL (Esparreguera, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tinkerbell Modas LTDA (São Paulo, Brazil)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006–2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Frag Comercio Internacional, SL, to pay the costs.

(1) OJ C 171, 5.7.2008.