ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 269/46

Judgment of the General Court of 15 July 2011 — Zino Davidoff v OHIM — Kleinakis kai SIA (GOOD LIFE)

(Case T-108/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GOOD LIFE - Earlier national word mark GOOD LIFE - Genuine use of the earlier mark - Duty of diligence - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))

2011/C 269/100

Language of the case: English

Parties

Applicant: Zino Davidoff SA (Fribourg, Switzerland) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and J. Laporta Insa, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: I. Kleinakis kai SIA OE (Athens, Greece) (represented by: K. Siotou, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2007 (Case R 298/2007-2), relating to opposition proceedings between I. Kleinakis kai SIA OE and Zino Davidoff SA.

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 30 November 2007 (Case R 298/2007-2);

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

3. Orders I. Kleinakis kai SIA OE to bear its own costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 32/18

Judgment of the General Court of 13 December 2011 — Konsum Nord v Commission

(Case T-244/08) (1)

(State aid - Land sale price - Decision declaring the aid incompatible with the common market and ordering its recovery - Private investor test - Determination of market price)

2012/C 32/33

Language of the case: Swedish

Parties

Applicant: Konsum Nord ekonomisk förening (Umeå, Sweden) (represented by: U. Öberg and I. Otken Eriksson, lawyers)

Defendant: European Commission (represented initially by: C. Giolito, P. Dejmek and J. Enegren, then by C. Giolito and L. Parpala, Agents)

Re:

Application for annulment of Commission Decision 2008/366/EC of 30 January 2008 on State aid C 35/06 (ex NN 37/06) implemented by Sweden for Konsum Jämtland Ekonomisk Förening (OJ 2008 L 126, p. 3).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2008/366/EC of 30 January 2008 on State aid C 35/06 (ex NN 37/06) implemented by Sweden for Konsum Jämtland Ekonomisk Förening;

2. Orders the European Commission to bear its own costs and to pay those incurred by Konsum Nord ekonomisk förening.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 25 October 2011 — Uralita v Commission

(Case T-349/08) (1)

(Competition - Agreements, decisions and concerted practices - Sodium chlorate market - Decision finding an infringement of Article 81 EC - Action for annulment - Imputability of unlawful conduct)

2011/C 355/24

Language of the case: English

Parties

Applicant: Uralita SA (Madrid, Spain) (represented by: I.S. Forrester QC, and K. Struckmann, P. Lindfelt and J. Garcia-Nieto Esteva, lawyers)

Defendant: European Commission (represented by: F. Castilla Contreras, R. Sauer, A. Biolan and J. Bourke, Agents)

Re:

Application for the partial annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) in so far as it concerns Uralita, SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Uralita, SA to pay the costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 243/13

Judgment of the General Court of 5 July 2012 — Greece v Commission

(Case T-86/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Fruit and vegetables - Rural development - Non-compliance with payment deadlines - Compliance with a judgment of the Court - Authority of res judicata - Time-limit of 24 months - Principle of proportionality)

2012/C 243/23

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented: initially by V. Kontolaimos, S. Charitaki and M. Tassopoulou and subsequently by M. Tassopoulou and I. Chalkias and K. Tsagkaropoulos, acting as Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe, acting as Agent, and P. Katsimani, lawyers)

Re:

Application for annulment of Commission Decision 2008/68/EC of 20 December 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 2008 L 18, p. 12) in so far as it relates to certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 126/13

Judgment of the General Court of 9 March 2012 — Coverpla v OHIM — Heinz-Glas (Phial)

(Case T-450/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing a bottle - Prior design - Ground for invalidity - Disclosure of prior design - Absence of novelty - Articles 5 and 25(1)(b) of Regulation (EC) No 6/2002)

2012/C 126/25

Language of the case: French

Parties

Applicant: Coverpla (Nice, France) (represented by: P. Greffe and M. Chaminade, lawyers)

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, intervener before the General Court: Heinz-Glas GmbH (Piesau, Germany) (represented by: M. Pütz-Poulalion, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 7 July 2008 (Case R 1411/2007-3), relating to invalidity proceedings between Heinz-Glas GmbH and Coverpla in respect of a Community design

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Coverpla to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 156/28

Judgment of the General Court of 12 April 2013 — Artisjus v Commission

(Case T-411/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/48

Language of the case: English

Parties

Applicant: Artisjus Magyar Szerzői Jogvédő Iroda Egyesület (Budapest, Hungary) (represented by: Z. Hegymegi-Barakonyi, P. Vörös and M. Horányi, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Bottka, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:

1. Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Artisjus Magyar Szerzői Jogvédő Iroda Egyesület;

2. Annuls Article 4(2) and (3) of that decision, to the extent that they refer to Article 3 of that decision, in so far as they concern Artisjus;

3. Orders the European Commission to pay the costs relating to the main proceedings;

4. Orders Artisjus and the Commission to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 399/16

Judgment of the General Court of 7 November 2012 — Syndicat des thoniers méditerranéens and Others v Commission

(Case T-574/08) (1)

(Non-contractual liability - Fishing - Conservation of fishery resources - Reconstitution of the stocks of bluefin tuna - Emergency measures prohibiting fishing by purse seiners - Unusual loss)

2012/C 399/26

Language of the case: French

Parties

Applicants: Syndicat des thoniers méditerranéens (Marseille, France); Marc Carreno (Sète, France); Jean-Louis Donnarel (Lourmarin, France); Jean-François Flores (Sète); Gérald Lubrano (Balaruc-les-Bains, France); Hervé Marin (Balaruc-le-Vieux, France); Nicolas Marin (Frontignan, France); Sébastien Marin (Bouzigues, France); Jean-Marc Penniello (Collioure, France); Serge Antoine José Perez (Sorède, France) (represented by: C. Bonnefoi, lawyer); Jean-Luc Buono (Agde, France); Gérard Buono (Agde); Roger Louis Paul Del Ponte (Balaruc-les-Bains); Serge Antoine Di Rocco (Frontignan); Jean Gérald Lubrano (Balaruc-les-Bains); Jean Lubrano (Port-Vendres, France); Jean Lucien Lubrano (Saleilles, France); Fabrice Marin (Frontignan) and Robert Marin (Balaruc-les-Bains) (represented initially by: C. Bonnefoi, and subsequently by: A. Arnaud and P.-O. Koubi-Flotte, lawyers)

Defendant: European Commission (represented by: K. Banks, F. Clotuche-Duvieusart and A. Bouquet, acting as Agents)

Re:

Action for damages seeking compensation for the loss allegedly suffered by the applicants following adoption of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicants to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 225/60

Judgment of the General Court of 18 June 2013 — Fluorsid and Minmet v Commission

(Case T-404/08) (1)

(Competition - Agreements, decisions and concerted practices - World market in aluminium fluoride - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Action for annulment - Period allowed for commencing proceedings - Out of time - Inadmissibility - Price-fixing and market-sharing - Evidence of the infringement - Rights of defence - Definition of the relevant market - Fines - Gravity of the infringement - 2006 Guidelines on fines)

2013/C 225/134

Language of the case: Italian

Parties

Applicants: Fluorsid SpA (Assemini, Italy); and Minmet financing Co. (Lausanne, Switzerland) (represented by: L. Vasques and F. Perego, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, C. Cattabriga and K. Mojzesowicz, Agents)

Re:

Application for annulment of Commission Decision C(2008) 3043 of 25 June 2008 relating to a proceeding under Article 81[EC] and Article 53 of the EEA Agreement (COMP/39.180 — Aluminium fluoride), concerning a worldwide price-fixing and market-sharing cartel on the world aluminium fluoride market and, in the alternative, reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fluorsid SpA and Minmet financing Co. to bear their own costs and to pay those incurred by the European Commission.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 156/29

Judgment of the General Court of 12 April 2013 — SOZA v Commission

(Case T-413/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/49

Language of the case: English

Parties

Applicant: Slovenský ochranný Zväz Autorský pre práva k hudobným dielam (SOZA) (Bratislava, Slovakia) (represented by: M. Favart, lawyer)

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

Intervener in support of the applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by: J.-F. Bellis and K. Van Hove, lawyers)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:

1. Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Slovenský ochranný Zväz Autorský pre práva k hudobným dielam (SOZA);

2. Dismisses the remainder of the action;

3. Orders the European Commission to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 46/39

Judgment of the General Court of 12 December 2014 — H&R ChemParm v Commission

(Case T-551/08) (1)

((Competition - Agreements - Paraffin waxes market - Decision finding an infringement of Article 81 EC - Price fixing - Proof of the infringement - 2006 Guidelines for calculating the amount of fines - Reference period - Calculation of the value of sales - Gravity of the infringement - Cartel during the period of the infringement - Equal treatment - Proportionality))

(2015/C 046/46)

Language of the case: German

Parties

Applicant: H&R ChemParm GmbH (Salzbergen, Germany) (represented by: initially M. Klusmann, lawyer, and S. Thomas, professor, then M. Klusmann)

Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)

Re:

Primarily, an application for annulment of Commission Decision C (2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes), in that it concerns the applicant, and, in the alternative, an application for a reduction of the amount of the fine imposed on it.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders H&R ChemPharm GmbH to bear its own costs and those incurred by the European Commission;

3. Orders H&R ChemPharm GmbH to refund the General Court the sum of EUR 10 000 under Article 90(a) of its Rules of Procedure.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 313/18

Judgment of the General Court of 13 September 2013 — Total v Commission

(Case T-548/08) (1)

(Competition - Agreements, decisions and concerted practices - Paraffin waxes market - Slack wax market - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Rights of the defence - Principle of the legality of criminal offences and penalties - Presumption of innocence - Attributability of the unlawful conduct - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company - Presumption where the parent company holds nearly 100 % of the shares)

2013/C 313/32

Language of the case: French

Parties

Applicant: Total SA (Courbevoie, France) (represented by: É. Morgan de Rivery and A. Noël-Baron, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)

Re:

Primarily, application for annulment of Commission Decision C(2008) 5476 final of 1 October 2008, relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle waxes), and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Total SA to bear its own costs and to pay those of the European Commission.

(1) OJ C 44, 21.2.2009.
1.

Orders Antiche Terre Soc. Coop. rl Società Agricola Cooperativa to pay the European Commission the sum of EUR 479 332,40, together with late-payment interest at the Italian statutory rate, calculated in accordance with the rates applicable from 4 January 2004 until payment in full of the debt, after deduction of the sum of EUR 461 979 recovered by the Commission following the implementation on 25 January 2005 of the bank guarantee of which it was beneficiary;
EN Official Journal of the European Union C 113/45

Judgment of the General Court of 17 March 2010 — Parliament v Collée

(Case T-78/09) (1)

(Appeal - Staff cases - Officials - Promotion - 2004 Promotion round - Procedure for the allocation of merit points - Distortion of the evidence - Statement of reasons - Value of the opinion of the Reports Committee - Principle of non-discrimination)

2010/C 113/72

Language of the case: French

Parties

Appellant: European Parliament (represented by: initially C. Burgos and A. Lukošiūtė, and subsequently R. Ignătescu, Agents)

Other party to the proceedings: Laurent Collée (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Re:

Appeal against the judgment of 11 December 2008 of the European Union Civil Service Tribunal in Case F-148/06 Collée v Parliament, not yet published in the ECR, seeking the setting-aside of that judgment

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Parliament to bear its own costs and to pay those incurred by Mr Laurent Collée in connection with the appeal.

(1) OJ C 102, of 1.5.2009.
EN Official Journal of the European Union C 13/25

Judgment of the General Court of 12 November 2010 — Deutsche Bahn v OHIM (Vertical combination of the colours grey and red)

(Case T-405/09) (1)

(Community trade mark - Application for Community trade mark consisting in a vertical combination of the colours grey and red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 13/49

Language of the case: German

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, 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 First Board of Appeal of OHIM of 23 July 2009 (Case R 372/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Deutsche Bahn AG to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 317/29

Judgment of the General Court of 30 September 2010 — Kadi v Commission

(Case T-85/09) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban - Regulation (EC) No 881/2002 - Freezing of a person’s funds and economic resources as a result of his inclusion in a list drawn up by a body of the United Nations - Sanctions Committee - Subsequent inclusion in Annex I to Regulation No 881/2002 - Action for annulment - Fundamental rights - Right to be heard, right to effective judicial review and right to respect for property)

2010/C 317/52

Language of the case: English

Parties

Applicant: Yassin Abdullah Kadi (Jeddah, Saudi Arabia) (represented by: D. Anderson QC, M. Lester, Barrister and G. Martin, Solicitor)

Defendant: European Commission (represented initially by: P. Hetsch, P. Aalto and F. Hoffmeister, and, subsequently, by P. Hetsch, F. Hoffmeister and E. Paasivirta, Agents)

Interveners in support of the defendant: Council of the European Union (represented by: M. Bishop, E. Finnegan and R. Szostak, Agents), French Republic (represented by: G. de Bergues and L. Butel, Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer and E. Jenkinson, Agents, assisted by D. Beard, Barrister)

Re:

Application for annulment of Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban (OJ 2008 L 322, p. 25), in so far as it concerns the applicant

Operative part of the judgment

The Court:

1. Annuls Commission Regulation (EC) No 1190/2008 of 28 November 2008 amending for the 101st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban, in so far as it concerns Mr Yassin Abdullah Kadi;

2. Orders the European Commission, in addition to bearing its own costs, to pay those incurred by Mr Kadi;

3. Orders the Council of the European Union, the French Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 46/12

Judgment of the General Court of 16 December 2010 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)

(Case T-363/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark RESVEROL - Earlier international word mark LESTEROL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 46/23

Language of the case: English

Parties

Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Gruppo Lepetit SpA (Lainate, Italy)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 July 2009 (Case R 1204/2008-2) relating to opposition proceedings between Gruppo Lepetit SpA and Longevity Health Products, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Longevity Health Products, Inc., to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 38/15

Judgment of the General Court of 15 December 2010 — Wind v OHIM-Sanyang Industry (Wind)

(Case T-451/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services)

2011/C 38/27

Language of the case: English

Parties

Applicant: Harry Wind (Selfkant, Germany) (represented by: J. Sroka, 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: Sanyang Industry Co., Ltd (Hsinchu, Taïwan)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Harry Wind and Sanyang Industry Co., Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Harry Wind to pay the costs.

(1) OJ C 24, 30.1.2010.