ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 402/30

Judgment of the General Court of 15 September 2016 — Molinos Río de la Plata and Others v Council

(Cases T-112/14 to T-116/14 and T-119/14) (1)

((Dumping - Imports of biodiesel originating in Argentina - Definitive anti-dumping duty - Action for annulment - Trade association - Direct concern - Individual concern - Admissibility - Article 2(5) of Regulation (EC) No 1225/2009 - Normal value - Production costs))

(2016/C 402/32)

Language of the case: English

Parties

Applicants: Molinos Río de la Plata SA (Buenos Aires, Argentina) (Case T-112/14), Oleaginosa Moreno Hermanos SACIFI y A (Bahia Blanca, Argentina) (Case T-113/14), Vicentin SAIC (Avellaneda, Argentina) (Case T-114/14), Aceitera General Deheza SA (General Deheza, Argentina) (Case T-115/14), Bunge Argentina SA (Buenos Aires) (Case T-116/14), Cámara Argentina de Biocombustibles (Carbio) (Buenos Aires) (Case T-119/14) (represented by: J.-F. Bellis, R. Luff and G. Bathory, lawyers)

Defendant: Council of the European Union (represented initially by S. Boelaert and B. Driessen, and subsequently by H. Marcos Fraile, acting as Agents, and by R. Bierwagen and C. Hipp, lawyers)

Interveners in support of the defendant: European Commission (represented by M. França and A. Stobiecka-Kuik, acting as Agents) and European Biodiesel Board (EBB) (Brussels, Belgium) (represented by O. Prost and M.-S. Dibling, lawyers)

Re:

Actions pursuant to Article 263 TFUE, in Case T-119/14, for annulment of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2), and, in Cases T-112/14 and T-116/14, for annulment of that regulation in so far as it imposes an anti-dumping duty on the applicants in those cases.

Operative part of the judgment

The Court:

1. Joins Cases T-112/14, T-113/14, T-114/14, T-115/14, T-116/14 and T-119/14 for the purposes of the decision closing the proceedings;

2. Annuls Articles 1 and 2 of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia, in so far as they concern Molinos Río de la Plata SA, Oleaginosa Moreno Hermanos SAFICI y A, Vicentin SAIC, Aceitera General Deheza SA and Bunge Argentina SA;

3. Dismisses the action in Case T-119/14 as to the remainder;

4. Orders the Council of the European Union to bear its own costs in Cases T-112/14 to T-116/14 and also to pay the costs incurred by Molinos Río de la Plata in Case T-112/14, by Oleaginosa Moreno Hermanos in Case T-113/14, by Vincentin in Case T-114/14, by Aceitera General Deheza in Case T-115/14 and by Bunge Argentina in Case T-116/14;

5. Orders Cámara Argentina de Biocombustibles (Carbio) and the Council to bear their own costs in Case T-119/14;

6. Orders the European Commission and the European Biodiesel Board (EBB) to bear their own costs.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 38/26

Judgment of the General Court of 15 December 2016 – Philips and Philips France v Commission

(Case T-762/14) (1)

((Competition - Agreements, decisions and concerted practices - Smart card chips - Decision finding an infringement of Article 101 TFEU - Exchange of commercially sensitive information - Infringement by object - Single and continuous infringement - Principle of sound administration - Duty of care - Proof - 2006 Leniency Notice - Settlement Notice - Limitation period - 2006 Guidelines on the method of setting fines - Value of sales))

(2017/C 038/35)

Language of the case: English

Parties

Applicants: Koninklijke Philips NV (Eindhoven, Netherlands), Philips France, (Suresnes, France) (represented by: J. de Pree, S. Molin, A. ter Haar and T.M. Snoep, lawyers)

Defendant: European Commission (represented by: A. Biolan, A. Dawes, J. Norris-Usher and P. Van Nuffel, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 6250 final of 3 September 2014 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39574 — Smart Card Chips) or, in the alternative, for the cancellation of or a reduction in the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Koninklijke Philips NV and Philips France to bear their own costs and to pay those of the European Commission.

(1) OJ C 73, 2.3.2015.
Judgment of the General Court of 20 October 2016 — August Wolff and Remedia v Commission

(Case T-672/14) (1)

((Medicinal products for human use - Article 31 of Directive 2001/83/EC - Article 116 of Directive 2001/83 - Active substance estradiol - Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products with 0,01 % estradiol by weight for topical use - Burden of proof - Proportionality - Equal treatment))

(2016/C 454/40)

Language of the case: German

Parties

Applicants: Dr. August Wolff GmbH & Co. KG Arzneimittel (Bielefeld, Germany) and Remedia d.o.o (Zagreb, Croatia) (represented by: P. Klappich, C. Schmidt and P. Arbeiter, lawyers)

Defendant: European Commission (represented by: B.-R. Killmann and A. Sipos, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of Commission Decision C(2014) 6030 final of 19 August 2014 concerning, in the framework of Article 31 of Directive 2001/83/EC of the European Parliament and of the Council, the marketing authorisations for high concentration of estradiol containing human medicinal products for topical use in so far as it requires Member States to comply with the obligations imposed in the implementing decision for the medicinal products listed in Annex I to the implementing decision and those not listed with 0,01 % estradiol by weight for topical use, with the exception of the restriction that the medicinal products named in Annex I to the implementing decision with 0,01 % estradiol by weight for topical use may be administered only intravaginally.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dr. August Wolff GmbH & Co. KG Arzneimittel and Remedia d.o.o. to pay the costs of the proceedings and of those relating to the application for interim measures.

(1) OJ C 439, 8.12.2014.
EN Official Journal of the European Union C 104/39

Judgment of the General Court of 17 February 2017 — Islamic Republic of Iran Shipping Lines and Others v Council

(Joined Cases T-14/14 and T-87/14) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Plea of illegality - Legal basis - Misuse of powers - Rights of the defence - Legitimate expectations - Legal certainty - Ne bis in idem - Res judicata - Proportionality - Manifest error of assessment - Fundamental rights))

(2017/C 104/54)

Language of the case: English

Parties

Applicants: Islamic Republic of Iran Shipping Lines (Tehran, Iran) and 10 other parties (represented by: F. Randolph QC, P. Pantelis, Solicitor, M. Lester, Barrister, and M. Taher, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and V. Piessevaux, acting as Agents)

Intervener in support of the defendant in Case T-87/17: European Commission (represented by: D. Gauci and T. Scharf, acting as Agents)

Re:

Application, in Case T-14/14, pursuant to Article 263 TFEU, for annulment of Council Decision 2013/497/CFSP of 10 October 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 272, p. 46), and of Council Regulation (EU) No 971/2013 of 10 October 2013 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 272, p. 1), in so far as those acts concern the applicants; and, in Case T-87/14, (i) pursuant to Article 277 TFEU, for a declaration that Decision 2013/497 and Regulation No 971/2013 are inapplicable, and (ii) pursuant to Article 263 TFEU, for annulment of Council Decision 2013/685/CFSP of 26 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 316, p. 46), and of Council Implementing Regulation (EU) No 1203/2013 of 26 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 316, p. 1), in so far as those acts concern the applicants.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Islamic Republic of Iran Shipping Lines and the other applicants whose names are listed in the Annex to bear their own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 71, 8.3.2014.
EN Official Journal of the European Union C 78/21

Judgment of the General Court of 1 February 2017 — Aalberts Industries v European Union

(Case T-725/14) (1)

((Non-contractual liability - Article 47 of the Charter of Fundamental Rights - Reasonable period within which a judgment must be delivered - Circumstances specific to the case - Importance of the case - Complexity of the dispute - Conduct of the parties and supervening procedural matters - No period of unjustified inactivity))

(2017/C 078/27)

Language of the case: Dutch

Parties

Applicant: Aalberts Industries NV (Utrecht, Netherlands) (represented by: R. Wesseling and M. Tuurenhout, lawyers)

Defendant: European Union, represented by the Court of Justice of the European Union (represented by: initially, A. Placco and, subsequently, J. Inghelram and E. Beysen, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: S. Noë, P. van Nuffel and V. Bottka, acting as Agents)

Re:

Action based on Article 268 TFEU and seeking compensation for the damage allegedly suffered by the applicant as a result of the duration of the proceedings, before the General Court, in the case which gave rise to the judgment of 24 March 2011, Aalberts Industries and Others v Commission (T-385/06, EU:T:2011:114).

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders the European Union, represented by the Court of Justice of the European Union, to pay, in addition to its own costs, those incurred by Aalberts Industries NV in connection with the plea of inadmissibility raised by the Court of Justice of the European Union which gave rise to the order of 13 February 2015, Aalberts Industries v European Union (T-725/14, not published, EU:T:2015:107);

3. Orders Aalberts Industries to pay, in addition to its own costs, those incurred by the European Union, represented by the Court of Justice of the European Union, in connection with the action which gave rise to the present judgment;

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

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 283/30

Judgment of the General Court of 19 July 2017 — Combaro v Commission

(Case T-752/14) (1)

((Customs union - Association Agreement between the European Community and the Republic of Latvia - Article 239 of Regulation (EEC) No 2913/92 - Reimbursement and remission of import duties - Import of woven linen fabrics from Latvia - Fairness clause - Special situation - Deception or obvious negligence - Commission decision finding that the remission of import duties was not justified))

(2017/C 283/44)

Language of the case: German

Parties

Applicant: Combaro SA (Lausanne, Switzerland) (represented by: D. Ehle, lawyer)

Defendant: European Commission (represented by: A. Caeiros and B.-R. Killmann, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2014) 4908 final of 16 July 2014 rejecting the applicant’s request for remission of import duties in the amount of EUR 461 415,62.

Operative part of the judgment

The General Court:

1. Annuls Commission Decision C(2014) 4908 final of 16 July 2014 rejecting Combaro SA’s request for remission of import duties in the amount of EUR 461 415,62;

2. Orders the European Commission to bear its own costs and to pay those incurred by Combaro.

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 161/21

Judgment of the General Court of (Eighth Chamber) of 6 April 2017 — Saremar v Commission

(Case T-220/14) (1)

((State aid - Maritime transport - Public service compensation - Capital increase - Decision declaring aid incompatible with the internal market and ordering that it be recovered - Liquidation of the applicant - Capacity to be a party to legal proceedings - Continued interest in bringing proceedings - Failure to find that there was no need to adjudicate - Concept of aid - Service of general economic interest - Private investor test - Manifest error of assessment - Error of law - Plea of illegality - Obligation to state reasons - Rights of the defence - Decision 2011/21/EU - Guidelines on State aid for rescuing and restructuring firms in difficulty - Union framework applicable to State aid in the form of public service compensation - Altmark judgment))

(2017/C 161/28)

Language of the case: Italian

Parties

Applicant: Saremar — Sardegna Regionale Marittima SpA (Cagliari, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)

Defendant: European Commission (represented by: G. Conte, D. Grespan, and A. Bouchagiar, Agents)

Interveners in support of the defendants: Compagnia Italiana di Navigazione SpA (Naples, Italy) (represented initially by: F. Sciaudone, R. Sciaudone, D. Fioretti and A. Neri, and subsequently by M. Merola, B. Carnevale and M. Toniolo, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2013) 9101 final of 22 January 2014 concerning aid measures SA.32014 (2011/C), SA.32015 (2011/C), SA.32016 (2011/C) granted by the Autonomous Region of Sardinia (Italy) to Saremar in the form of public service compensation and a capital increase, in so far as that decision found those measures to be State aid incompatible with the internal market and ordered that it be recovered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Saremar — Sardegna Regionale Marittima SpA to bear its own costs and to pay those incurred by the European Commission and Compagnia Italiana di Navigazione SpA.

(1) OJ C 175, 10.6.2014.
Official Journal of the European Union

Judgment of the General Court of 12 July 2018 — Hitachi Metals v Commission

(Case T-448/14) (1)

((Competition - Agreements, decisions and concerted practices - European market for power cables - Decision finding an infringement of Article 101 TFEU - Single and continuous infringement - Proof of the infringement - Duration of participation - Public distancing - Calculation of the fine - Gravity of the infringement - Unlimited jurisdiction))

(2018/C 328/50)

Language of the case: English

Parties

Applicant: Hitachi Metals Ltd (Tokyo, Japan) (represented by P. Crowther and C. Drew, Solicitors)

Defendant: European Commission (represented by C. Giolito, H. van Vliet and J. Norris-Usher, acting as Agents, and by M. Gray, Barrister)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant and, in the alternative, an application for a reduction in the amount of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hitachi Metals Ltd to pay the costs.

(1) OJ C 282, 25.8.2014.
EN Official Journal of the European Union C 42/10

Judgment of the General Court of 14 December 2017 — AETMD v Council

(Case T-460/14) (1)

((Dumping - Prepared or preserved sweetcorn in kernels originating in Thailand - Partial interim review - Amendment of the definitive anti-dumping duty - Association representing EU producers - Infringement of procedural rights - Rights of the defence))

(2018/C 042/13)

Language of the case: English

Parties

Applicant: Association européenne des transformateurs de maïs doux (AETMD) (Paris, France) (represented initially by: A. Willems, S. De Knop and J. Charles, and subsequently by: A. Willems, S. De Knop and C. Zimmerman, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, S. Gubel, lawyer, and B. O'Connor, Solicitor)

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland, A. Stobiecka-Kuik and A. Demeneix, acting as Agents) and River Kwai International Food Industry Co. Ltd (Kaeng Sian, Thailand) (represented by: J. Cornelis and F. Graafsma, lawyers)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Council Implementing Regulation (EU) No 307/2014 of 24 March 2014 amending Implementing Regulation (EU) No 875/2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an interim review pursuant of Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2014 L 91, p. 1).

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 307/2014 of 24 March 2014 amending Implementing Regulation (EU) No 875/2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an interim review pursuant of Article 11(3) of Regulation (EC) No 1225/2009;

2. Dismisses the remainder of the action;

3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by the Association européenne des transformateurs de maïs doux (AETMD);

4. Orders the European Commission and River Kwai International Food Industry Co. Ltd to bear their own costs.

(1) OJ C 303, 8.9.2014.
Judgment of the General Court of 13 September 2018 –Rosneft and Others v Council

(Case T-715/14) (1)

((Common foreign and security policy - Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine - Obligation to state reasons - Manifest error of assessment - Rights of the defence and right to effective judicial protection - Partnership and Cooperation Agreement between the European Union and Russia - Right to property - Equal treatment - Proportionality - Misuse of powers - Legal certainty))

(2018/C 392/16)

Language of the case: English

Parties

Applicants: PAO Rosneft Oil Company, formerly NK Rosneft OAO (Moscow, Russia), RN-Shelf-Arctic OOO (Moscow), AO RN-Shelf-Far East, formerly RN-Shelf-Dalniy Vostok ZAO (Yuzhno-Sakhalinsk, Russia), RN-Exploration OOO (Moscow), Tagulskoe OOO (Krasnoyarsk, Russia) (represented by: initially T. Beazley QC, subsequently by L. Van den Hende, J. Charles, lawyers, M. Schonberg and K. Krissinel, Solicitors)

Defendant: Council of the European Union (represented by: S. Boelaert and B. Driessen, acting as Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially C. Brodie, and subsequently by V. Kaye, and subsequently by S. Brandon, and subsequently by C. Crane, and finally by R. Fadoju, acting as Agents, and by C. Banner, Barrister), European Commission (represented by: L. Havas, T. Scharf and D. Gauci, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Article 1(2)(b) to (d) and Article 1(3) of, and Annex III to, Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 13), as amended by Council Decision 2014/659/CFSP of 8 September 2014 (OJ 2014 L 271, p. 54), by Council Decision 2014/872/CFSP of 4 December 2014 (OJ 2014 L 349, p. 58), by Council Decision (CFSP) 2015/971 of 22 June 2015 (OJ 2015 L 157, p. 50), by Council Decision (CFSP) 2015/2431 of 21 December 2015 (OJ 2015 L 334, p. 22), by Council Decision (CFSP) 2016/1071 of 1 July 2016 (OJ 2016 L 178, p. 21), and by Council Decision (CFSP) 2016/2315 of 19 December 2016 (OJ 2016 L 345, p. 65), and also of Articles 3, 3a, Article 4(3) and (4), Annex II, Article 5(2)(b) to (d) and Article 5(3), Annex VI and Article 11 of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1), as amended by Council Regulation (EU) No 960/2014 of 8 September 2014 (OJ 2014 L 271, p. 3), and by Council Regulation (EU) No 1290/2014 of 4 December 2014 (OJ 2014 L 349, p. 20).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PAO Rosneft Oil Company, RN-Shelf-Arctic OOO, AO RN-Shelf-Far East, RN-Exploration OOO and Tagulskoe OOO to bear their own costs and to pay those incurred by the Council of the European Union;

3. Orders the European Commission and the United Kingdom of Great Britain and Northern Ireland each to bear their own costs.

(1) OJ C 431, 1.12.2014.
Official Journal of the European Union

Judgment of the General Court of 12 July 2018 — Fujikura v Commission

(Case T-451/14) (1)

((Competition - Agreements, decisions and concerted practices - European market for power cables - Decision finding an infringement of Article 101 TFEU - Single and continuous infringement - Proof of the infringement - Duration of participation - Calculation of the fine - Gravity of the infringement - Unlimited jurisdiction))

(2018/C 328/53)

Language of the case: English

Parties

Applicant: Fujikura Ltd (Tokyo, Japan) (represented by L. Gyselen, lawyer)

Defendant: European Commission (represented by A. Biolan, C. Giolito and H. van Vliet, acting as Agents, and by M. Johansson, lawyer)

Intervener in support of the applicant: Viscas Corp. (Tokyo) (represented by J.-F. Bellis, lawyer)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant and, in the alternative, an application for a reduction of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fujikura Ltd to bear its own costs and to pay those of the European Commission;

3. Orders Viscas Corp. to bear its own costs.

(1) OJ C 303, 8.9.2014.