ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 7/27

Judgment of the General Court of 19 November 2014 — European Dynamics Luxembourg and Evropaïki Dynamiki v Europol

(Cases T-40/12 and T-183/12) (1)

((Public service contracts - Tender procedure - Provision of information technology services relating to a document management system and a corporate Intranet portal - Rejection of a tenderer’s bid - Obligation to state reasons - Equal treatment - Transparency - Proportionality - Non-contractual liability))

(2015/C 007/30)

Language of the case: Greek

Parties

Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Police Office (Europol) (represented by: J. Teal and T. de Maignas, acting as Agents, P. Anestis, lawyer, C. Kennedy-Loest, Solicitor, N. Pourbaix and D. Vallindas, lawyers)

Re:

In Case T-40/12, an application for annulment of Europol’s decision of 22 November 2011 rejecting the bid tendered by the applicants in connection with Call for Tenders D/C3/1104 concerning the provision of an enterprise content management system (management of documents, records, and business processes) and a corporate Intranet portal (OJ 2011/S 134-222044), and, in Case T-183/12, first, an application for annulment of Europol’s decision to grant the public service contract in respect of the call for tenders referred to above to another tenderer and, secondly, an application for compensation for the loss sustained as a result of the loss of opportunity for the applicants to be granted that public service contract.

Operative part of the judgment

The Court:

1. Orders that Cases T-40/12 and T-183/12 be joined for the purposes of judgment;

2. Dismisses the actions;

3. Orders European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear their own costs and to pay those incurred by the European Police Office (Europol).

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 421/34

Judgment of the General Court of 16 October 2014 — Alro v Commission

(Case T-517/12) (1)

((State aid - Electricity - Preferential tariffs - Decision to initiate the procedure provided for in Article 108(2) TFEU - Action for annulment - Act not open to challenge - Aid measure fully implemented, in part, as at the date of the decision and, in part, when the action was brought - Inadmissibility))

2014/C 421/46

Language of the case: English

Parties

Applicant: Alro SA (Slatina, Romania) (represented by: C. Quigley QC, O. Bretz, Solicitor, and S. Verschuur, lawyer)

Defendant: European Commission (represented by: É. Gippini Fournier and T. Maxian Rusche, Agents)

Re:

Application, principally, for annulment of Commission Decision C(2012) 2517 final of 25 April 2012 to initiate the formal investigation procedure under Article 108(2) TFEU into State aid SA 33624 (2012/C) (2011/NN) — Romania — Preferential electricity tariffs granted to Alro Slatina SA and, in the alternative, for annulment of Decision C(2012) 2517 final in so far as it applies to the period from 1 January 2007 to 31 December 2009.

Operative part of the judgment

The Court:

1) Dismisses the action as inadmissible;

2) Orders Alro SA to pay the costs.

(1) OJ C 32, 2. 2. 2013.
EN Official Journal of the European Union C 89/17

Judgment of the General Court of 28 January 2015 — Akzo Nobel and Others v Commission

(Case T-345/12) (1)

((Competition - Administrative proceedings - European market for hydrogen peroxide and perborate - Publication of a decision finding an infringement of Article 81 EC - Rejection of a request for confidential treatment of information provided to the Commission pursuant to its Leniency Notice - Obligation to state reasons - Confidentiality - Professional secrecy - Legitimate expectations))

(2015/C 089/18)

Language of the case: English

Parties

Applicants: Akzo Nobel NV (Amsterdam, Netherlands); Akzo Chemicals Holding AB, established in (Bohus, Sweden); Eka Chemicals AB (Farjevagen, Sweden) (represented by: C. Swaak and R. Wesseling, Agents)

Defendant: European Commission (represented by: C. Giolito, M. Kellerbauer and G. Meessen, Agents)

Intervener in support of the defendant: CDC Hydrogene Peroxide Cartel Damage Claims (CDC Hydrogene Peroxide) (Brussels, Belgium) (represented by: T. Funke, lawyer)

Re:

Application for the annulment of Commission Decision C(2012) 3533 final of 24 May 2012 rejecting a request for confidential treatment submitted by Akzo Nobel, Akzo Nobel Chemicals Holding and Eka Chemicals pursuant to Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case COMP/38.620 — Hydrogen Peroxide and perborate).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Akzo Nobel NV, Akzo Chemicals Holding AB and Eka Chemicals AB to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 46/44

Judgment of the General Court of 11 December 2014 — CEDC International v OHIM — Underberg (Shape of a blade of grass in a bottle)

(Case T-235/12) (1)

((Community trade mark - Opposition proceedings - Application for three-dimensional Community mark - Shape of a blade of grass in a bottle - Earlier national three-dimensional mark - Genuine use of the earlier mark - Article 75, Article 76(1) and (2) of Regulation (EC) No 207/2009 - Production of evidence for the first time before the Board of Appeal - Discretion granted by Article 76(2) of Regulation No 207/2009 - Obligation to state reasons))

(2015/C 046/54)

Language of the case: German

Parties

Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, G. Rząsa and J. Mrozowski, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Underberg AG (Dietlikon, Switzerland) (represented by: V. von Bomhard, A. Renck and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2506/2010-4) concerning opposition proceedings between Przedsiębiorstwo Polmos Białystok (Spółka Akcyjna) and Underberg AG.

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 26 March 2012 (Case R 2506/2010-4);

2) Orders OHIM to bear its own costs and to pay those incurred by CEDC International sp. z o.o.;

3) Orders Underberg AG to bear its own costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 190/11

Judgment of the General Court of 16 April 2015 — Schlyter v Commission

(Case T-402/12) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Article 4(2), third indent - Exception relating to the protection of the purpose of investigations - Regulation (EC) No 1367/2006 - Article 6(1) - Detailed opinion of the Commission concerning a draft Order relating to the annual declaration of nanoparticle substances, notified by the French authorities to the Commission in accordance with the provisions of Directive 98/34/EC - Refusal of access))

(2015/C 190/13)

Language of the case: English

Parties

Applicant: Carl Schlyter (Linköping, Sweden) (represented by: O. Brouwer and S. Schubert, lawyers)

Defendant: European Commission (represented by: P. Costa de Oliveira, A. Tokár and C. Zadra, acting as Agents)

Interveners in support of the applicant: Republic of Finland (represented by: S. Hartikainen, acting as Agent); and Kingdom of Sweden (represented initially by A. Falk, C. Meyer-Seitz, U. Persson, C. Stege, S. Johannesson and H. Karlsson, and subsequently by A. Falk, C. Meyer-Seitz, U. Persson, E. Karlsson, L. Swedenborg and C. Hagerman, acting as Agents)

Intervener in support of the defendant: French Republic (represented by: B. Beaupère-Manokha, D. Colas and F. Fize, acting as Agents)

Re:

Application for annulment of the decision of the Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ 1998 L 217, p. 18).

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 27 June 2012 refusing, during the standstill period, access to its detailed opinion concerning a draft Order relating to the content and submission conditions of the annual declaration of nanoparticle substances (2011/673/F), which had been notified to it by the French authorities pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998;

2. Orders the Commission to bear its own costs and to pay those incurred by Mr Carl Schlyter;

3. Orders the French Republic, the Republic of Finland and the Kingdom of Sweden to bear their own costs.

(1) OJ C 343, 10.11.2012.
EN Official Journal of the European Union C 127/19

Judgment of the General Court of 27 February 2015 — LS Fashion v OHIM — Gestión de Activos Isorana (L’Wren Scott)

(Case T-41/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark L’Wren Scott - Earlier national word mark LOREN SCOTT - Relative ground for refusal - Genuine use of the mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 127/25)

Language of the case: English

Parties

Applicant: LS Fashion, LLC (Wilmington, Delaware, United States) (represented by: R. Black and S. Davies, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Gestión de Activos Isorana, SL (La Orotava, Spain) (represented by: F. Brandolini Kujman, J.-B. Devaureix and L. Montoya Terán, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 November 2011 (Case R 1584/2009-4) concerning opposition proceedings between Gestión de Activos Isorana, SL, and LS Fashion, LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LS Fashion, LLC to pay the costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 302/41

Judgment of the General Court of 15 July 2015 — Knauf Insulation Technology v OHIM — Saint Gobain Cristalería (ECOSE)

(Case T-323/12) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark ECOSE - Earlier national word mark ECOSEC FACHADAS - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/52)

Language of the case: English

Parties

Applicant: Knauf Insulation Technology (Visé, Belgium) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Saint Gobain Cristalería, SL (Madrid, Spain) (represented by M. Montañá, S. Sebé and I. Carulla, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 April 2012 (Case R 259/2011-5) relating to opposition proceedings between Saint Gobain Cristalería, SL and Knauf Insulation Technologies.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Knauf Insulation Technology to pay the costs.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 213/28

Judgment of the General Court of 19 May 2015 — Diputación Foral de Bizkaia v Commission

(Case T-397/12) (1)

((State aid - Construction - Aid provided by the Spanish authorities to the company Habidite - Agreements concluded with a view to the establishment of a factory manufacturing construction modules and the delivery of modular houses manufactured by that factory - Decision declaring the aid unlawful - Decision declaring the aid partly compatible and partly incompatible with the internal market - No prior notification - Rights of the defence - Obligation to give reasons))

(2015/C 213/49)

Language of the case: Spanish

Parties

Applicant: Diputación Foral de Bizkaia (represented by: I. Sáenz-Cortabarría Fernández, lawyer)

Defendant: European Commission (represented by: M. Afonso, É. Gippini Fournier and P. Němečková, acting as Agents)

Re:

Action for partial annulment of Commission Decision C (2012) 4194 final of 27 June 2012 concerning State aid SA.28356 (C 37/2009) (ex N 226/2009).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Diputación Foral de Bizkaia to bear the costs.

(1) OJ C 319, 20.10.2012.
EN Official Journal of the European Union C 7/15

Judgment of the General Court of 18 November 2015 — Nu Air Compressors and Tools v Commission

(Case T-76/12) (1)

((Dumping - Imports of certain compressors originating in China - Partial refusal to refund the anti-dumping duties paid - Determination of the export price - Deduction of anti-dumping duties - Adjustment of the temporal effects of an annulment))

(2016/C 007/21)

Language of the case: English

Parties

Applicant: Nu Air Compressors and Tools SpA (Robassomero, Italy) (represented by: R. MacLean, Solicitor, and A. Bochon, lawyer)

Defendant: European Commission (represented by: A. Stobiecka-Kuik, K. Talabér-Ritz and T. Maxian Rusche, acting as Agents)

Re:

Action for the partial annulment of Commission Decisions C(2011) 8824 final and C(2011) 8812 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China, and, in the event that the General Court should annul those decisions, for the maintenance in force of those decisions until the Commission has adopted the measures necessary to comply with the judgment of the General Court in this case.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decisions C(2011) 8824 final and C(2011) 8812 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China in so far as that article does not grant Nu Air Compressors and Tools SpA a refund of the anti-dumping duties unduly paid beyond the amounts referred to therein;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay the costs.

(1) OJ C 118, 21.4.2012.
EN Official Journal of the European Union C 389/26

Judgment of the General Court of 24 September 2015 — Viasat Broadcasting UK v Commission

(Case T-125/12) (1)

((State aid - Public-service broadcasting - Decision declaring aid compatible with the internal market - Aid implemented by the Danish authorities in favour of the Danish public-service broadcaster TV2/Danmark - Public funding granted to offset the costs involved in the performance of public-service obligations - Compatibility of aid - Judgment in Altmark))

(2015/C 389/26)

Language of the case: English

Parties

Applicant: Viasat Broadcasting UK Ltd (West Drayton, United Kingdom) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)

Defendant: European Commission (represented by: L. Flynn and B. Stromsky, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang and V. Pasternak Jørgensen, acting as Agents, and subsequently by V. Pasternak Jørgensen and K. Lundgaard Hansen, lawyer, and finally by C. Thorning, acting as Agent, and by K. Lundgaard Hansen and R. Holgaard, lawyer); and TV2/Danmark A/S (Odense, Denmark) (represented by: O. Koktvedgaard, lawyer)

Re:

Application for annulment in part of Commission Decision 2011/839/EU of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark (OJ 2011 L 340, p. 1).

Operative part of the judgment

The Court:

1. Declares that it is unnecessary to adjudicate on the action, in so far as it seeks the annulment of Commission Decision 2011/839/EU of 20 April 2011 on the measures implemented by Denmark (C 2/03) for TV2/Danmark, in that the Commission found that the advertising revenue from 1995 and 1996 paid to TV2/Danmark A/S by the TV2 Fund amounted to State aid;

2. Dismisses the action as to the remainder;

3. Orders Viasat Broadcasting UK Ltd to bear its own costs and to pay those incurred by the European Commission;

4. Orders the Kingdom of Denmark to bear its own costs;

5. Orders TV2/Danmark to bear its own costs.

(1) OJ C 138, 12.5.2012.
(i)

Application pursuant to Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 1239/2011 of 30 November 2011 opening a standing invitation to tender for the 2011/12 marketing year for imports of sugar of CN code 1701 at a reduced customs duty (OJ 2011 L 318, p. 4), of Commission Implementing Regulation (EU) No 1240/2011 of 30 November 2011 laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing year 2011/12 (OJ 2011 L 318, p. 9), of Commission Implementing Regulation (EU) No 1281/2011 of 8 December 2011 on the minimum customs duty to be fixed in response to the first partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 327, p. 60), of Commission Implementing Regulation (EU) No 1308/2011 of 14 December 2011 fixing allocation coefficient, rejecting further applications and closing the period for submitting applications for available quantities of out-of-quota sugar to be sold on the Union market at reduced surplus levy during marketing year 2011/12 (OJ 2011 L 332, p. 8), of Commission Implementing Regulation (EU) No 1316/2011 of 15 December 2011 on the minimum customs duty to be fixed in response to the second partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 334, p. 16), of Commission Implementing Regulation (EU) No 1384/2011 of 22 December 2011 on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2011 L 343, p. 33), of Commission Implementing Regulation (EU) No 27/2012 of 12 January 2012 on the minimum customs duty for sugar to be fixed in response to the fourth partial invitation to tender within the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2012 L 9, p. 12), and of Commission Implementing Regulation (EU) No 57/2012 of 23 January 2012, suspending the tendering procedure opened by Implementing Regulation No 1239/2011 (OJ 2012 L 19, p. 12), and (ii) action pursuant to Article 268 TFEU for damages for the loss which the applicants allegedly suffered as a result of the adoption of those measures and of the Commission’s refusal to take the necessary measures to re-establish availability of supply of raw cane sugar.
EN Official Journal of the European Union C 98/28

Judgment of the General Court of 28 January 2016 — Zafeiropoulos v Cedefop

(Case T-537/12) (1)

((Public service contracts - Tendering procedure - Provision of medical services for the benefit of Cedefop staff - Rejection of the bid of one tenderer and award of the contract to another tenderer - Refusal to allow access to certain documents concerning other tenderers who participated in the tendering procedure - Obligation to state reasons - Protection of commercial interests and reputation - Personal data protection - Protection of the decision-making process - Non-contractual liability))

(2016/C 098/36)

Language of the case: Greek

Parties

Applicant: Panteleimon Zafeiropoulos (Thessaloniki, Greece) (represented by: M. Kontogiorgos, lawyer)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, acting as Agent, assisted initially by E. Petritsi and subsequently by P. Anestis, lawyers)

Re:

Application, first, for annulment of (i) the decision of Cedefop of 8 October 2012 rejecting the tender submitted by the applicant in response to the contract notice of 19 June 2012 published in the Supplement to the Official Journal of the European Union (OJ 2012/S 115-189528) concerning the provision of medical services to Cedefop staff in Thessaloniki (Greece); (ii) the decision of Cedefop of 9 October 2012 awarding the contract set out in that contract notice to a tenderer other than the applicant; and (iii) the decision of Cedefop rejecting the applicant’s request for access to certain documents relating to the contract award procedure; and, secondly, for compensation for the harm suffered by the applicant as a result of the infringements allegedly committed by Cedefop.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Centre for the Development of Vocational Training (Cedefop) of 8 October 2012 rejecting the tender submitted by Mr Panteleimon Zafeiropoulos in response to the contract notice dated 19 June 2012 concerning the provision of medical services to Cedefop staff in Thessaloniki (Greece) and the decision of Cedefop of 9 October 2012 awarding the contract set out in that contract notice to a tenderer other than Mr Zafeiropoulos;

2. Dismisses the action as to the remainder;

3. Orders Cedefop to bear its own costs and to pay one third of the costs incurred by Mr Zafeiropoulos;

4. Orders Mr Zafeiropoulos to bear two thirds of his own costs.

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 377/15

Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS)

(Case T-54/13) (1)

(Community trade mark - Application for figurative Community trade mark FICKEN LIQUORS - Absolute ground for refusal - Mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/2009)

2013/C 377/35

Language of the case: German

Parties

Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by: M. Wekwerth, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 November 2012 (Case R 2544/2011-1) concerning an application for registration of the figurative mark FICKEN LIQUORS as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Order Efag Trade Mark Company GmbH & Co. KG to pay the costs.

(1) OJ C 101, 6.4.2013.