ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 370/23

Judgment of the General Court of 8 November 2011 — Idromacchine and Others v Commission

(Case T-88/09) (1)

(Non-contractual liability - State aid - Commission decision to initiate a formal investigation procedure - Information detrimental to a third-party company - Sufficiently serious breach of a rule of law conferring rights on individuals - Obligation of professional secrecy - Non-material damage - Material damage - Causal link - Default and compensatory interest)

2011/C 370/37

Language of the case: Italian

Parties

Applicants: Idromacchine Srl (Porto Marghera, Italy); Alessandro Capuzzo (Mirano, Italy); and Roberto Capuzzo (Mogliano Veneto, Italy) (represented by: W. Viscardini and G. Donà, lawyers)

Defendant: European Commission (represented by: D. Grespan and E. Righini, acting as Agents, assisted by F. Ruggeri Laderchi, lawyer)

Re:

Action for damages for the loss allegedly suffered on account of the publication in the Official Journal of the European Union of false information adversely affecting inter alia the image and reputation of Idromacchine in Commission Decision C(2002) 5426 final of 30 December 2004‘State aid — Italy — State aid N 586/2003, N 587/2003, N 589/2003 and C 48/2004 (ex N 595/2003) — Extension of the 3-year delivery limit for a chemical tanker — Invitation to submit comments pursuant to Article 88(2) [EC]’

Operative part of the judgment

The Court:

1. Orders the European Commission to pay Idromacchine Srl damages of EUR 20 000 in respect of the non-material damage it has suffered;

2. Orders that the damages to be paid to Idromacchine be paid with compensatory interest, as from 18 February 2005 to the delivery of the present judgment, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;

3. Orders that the damages to be paid to Idromacchine be paid with default interest, as from the delivery of the present judgment to complete payment of those damages, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points;

4. Dismisses the action as to the remainder;

5. Orders the Commission to bear its own costs and two thirds of the costs incurred by Idromacchine, Mr Alessandro Capuzzo and Mr Roberto Capuzzo, who are to bear a third of their own costs.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 133/22

Judgment of the General Court of 21 March 2012 — Volkswagen v OHIM — Suzuki Motor (SWIFT GTi)

(Case T-63/09) (1)

(Community Trade Mark - Opposition proceedings - Application for Community word mark SWIFT GTi - Earlier international and national marks GTI - Relative grounds for refusal - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Assessment of the likelihood of confusion - Rejection of the opposition)

2012/C 133/42

Language of the case: German

Parties

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

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

Other party to the proceedings before the Board of Appeal of OHIM: Suzuki Motor Corp. (Shizuoka-ken, Japan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 December 2008 (Case R 749/2007-2) relating to opposition proceedings between Volkswagen AG and Suzuki Motor Corp.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to pay the costs.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 73/27

Judgment of the General Court of 31 January 2012 — Spar v OHIM — Spa Group Europe (SPA GROUP)

(Case T-378/09) (1)

(Community trade mark - Opposition procedure - Application for Community word mark SPA GROUP - Earlier national figurative marks SPAR - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation No 207/2009)

2012/C 73/53

Language of the case: German

Parties

Applicant: Spar Handelsgesellschaft mbH (Schenefeld, Germany) (represented by: R. Kaase and J.-C. Plate, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Spa Group Europe Ltd & Co. KG (Nuremberg, Germany)

Re:

Action for annulment of the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 123/2008-1) in relation to opposition proceedings between Spar Handelsgesellschaft mbH and Spa Group Europe Ltd & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Spar Handelsgesellschaft mbH to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 243/16

Judgment of the General Court of 5 July 2012 — Comercial Losan v OHIM — McDonald’s International Property (Mc. Baby)

(Case T-466/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Mc. Baby - Earlier Community figurative mark Mc Kids. always quality. always fun! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 243/30

Language of the case: Spanish

Parties

Applicant: Comercial Losan, SLU (Zaragoza, Spain) (represented by: A. Vela Ballesteros, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: McDonald’s International Property Co. Ltd (Wilmington, Delaware, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008-1) concerning opposition proceedings between McDonald’s International Property Co. Ltd and Comercial Losan, SLU.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Comercial Losan, SLU to pay the costs.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 217/16

Judgment of the General Court of 13 June 2012 — Insula v Commission

(Case T-246/09) (1)

(Arbitration clause - Financing contracts for research and development projects - MEDIS and Dias.Net contracts - Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses - Retention of a sum intended for another co-contractor - Reimbursement of sums advanced - Partial inadmissibility of the action - Counterclaim by the Commission - Partial removal of need to adjudicate in relation to the counterclaim)

2012/C 217/33

Language of the case: French

Parties

Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: J.-D. Simonet and P. Marsal, lawyers)

Defendant: European Commission (represented initially by A.-M. Rouchaud-Joët and F. Mirza, and subsequently by A.-M. Rouchaud-Joët and D. Calciu, Agents, and by L. Defalque and S. Woog, lawyers)

Re:

Application, first, for a declaration that a claim of the Commission of EUR 189 241,64 is unfounded, second, that the Commission be ordered to issue a ‘credit note’ in that amount and, lastly, that the Commission be ordered to pay damages of EUR 212 597, principally, and EUR 230 025, in the alternative.

Operative part of the judgment

The Court:

1. Dismisses the action brought by the Conseil scientifique international pour le développement des îles (Insula);

2. Declares that there is no need to adjudicate on the counterclaims submitted by the Commission in so far as they seek a declaration that Insula be ordered to pay the principal sum due and the interest thereon under the Dias.Net contract;

3. Orders Insula to pay the Commission the principal sum of EUR 157 983,11, increased by default interest at the rate of 2,75 % per annum, from 16 May 2009 until full payment of that principal sum;

4. Orders Insula to bear its own costs and to pay those incurred by the Commission, including those relating to the procedure for interim relief.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 366/30

Judgment of the General Court of 10 October 2012 — Shanghai Biaowu High-Tensile Fasteners and Shanghai Prime Machinery v Council

(Case T-170/09) (1)

(Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Principle of sound administration - Burden of proof - Obligation to state the reasons on which the decision is based - Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009))

2012/C 366/56

Language of the case: English

Parties

Applicants: Shanghai Biaowu High-Tensile Fasteners Co. Ltd (Baoshan, China) and Shanghai Prime Machinery Co. Ltd (Shanghai, China) (represented: initially by K. Adamantopoulos and Y. Melin, and subsequently by Melin, V. Akritidis and F. Crespo, lawyers)

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

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents) and European Industrial Fasteners Institute AISBL (EIFI) (Brussels (Belgium)) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by Bourgeois, lawyers)

Re:

Application for the partial annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Shanghai Biaowu High-Tensile Fasteners Co. Ltd and Shanghai Prime Machinery Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;

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

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 343/12

Judgment of the General Court of 26 September 2012 — IG Communications Ltd v OHIM — Citigroup and Citibank (CITIGATE)

(Case T-301/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CITIGATE - Earlier national and Community word and figurative marks containing the element ‘citi’ - Relative grounds for refusal - Likelihood of confusion - Family of trade marks - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation No 207/2009)

2012/C 343/17

Language of the case: English

Parties

Applicant: IG Communications Ltd (London, United Kingdom) (represented by: M. Edenborough QC and R. Beard, Solicitor)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Citigroup, Inc. (New York, New York, United States); and Citibank, NA (New York) (represented: initially by V. von Bomhard, A. Renck, lawyers, and H. O’Neill, Solicitor, and subsequently by V. von Bomhard and A. Renck)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 821/2005-1) concerning opposition proceedings between Citigroup, Inc. and Citibank, NA, on the one hand, and IG Communications Ltd on the other.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IG Communications Ltd to pay the costs.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 101/16

Judgment of the General Court of 20 February 2013 — Nikolaou v Court of Auditors

(Case T-241/09) (1)

(Non-contractual liability - Court of Auditors - Conduct of internal investigations - Personal data - Illegality - Causal link - Limitation period)

2013/C 101/34

Language of the case: Greek

Parties

Applicant: Kalliopi Nikolaou (Greece) (represented by: V. Christianos and G. Douka, lawyers)

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J.-M. Stenier, Agents, and by P. Tridimas)

Re:

Action for compensation for the damage allegedly suffered by the applicant as a result of irregularities and infringements of European Union law that the Court of Auditors allegedly committed in the context of an internal investigation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Kalliopi Nikolaou to pay the costs.

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 355/23

Judgment of the General Court of 3 October 2012 — Jurašinović v Council

(Case T-465/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Request for access to reports of European Union observers present in Croatia from 1 to 31 August 1995 - Refusal to grant access - Risk of undermining the protection of international relations - Previous disclosure)

2012/C 355/47

Language of the case: French

Parties

Applicant: Ivan Jurašinović (Angers, France) (represented by: M. Jarry and N. Amara-Lebret, lawyer)

Defendant: Council of the European Union (represented by: initially C. Fekete and K. Zieleśkiewicz, subsequently C. Fekete and J. Herrmann, acting as Agents)

Re:

By way of principal claim, annulment of the decision of 22 September 2009 by which the applicant was granted partial access to reports of European Union observers present in the Knin zone of Croatia on from 1 August to 31 August 1995

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ivan Jurašinović to bear his own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 325/21

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

(Case T-486/09) (1)

(EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Rural development measures - Less favoured areas and agri-environment - Flat-rate financial correction - Expenditure incurred by Poland - Control reports - Effectiveness of controls - System of penalties - Obligation to state reasons)

2013/C 325/35

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented: initially by M. Szpunar, subsequently by M. Szpunar and B. Majczyna, and lastly by B. Majczyna and S. Balcerak, Agents)

Defendant: European Commission (represented by: P. Rossi and M. Owsiany-Hornung, Agents)

Re:

Application for annulment in part of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2009 L 257, p. 28).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Poland to pay the costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 155/21

Judgment of the General Court of 25 March 2015 — Evropaïki Dynamiki v EASA

(Case T-297/09) (1)

((Public service contracts - Tendering procedure - Supply of IT services - Classification of a tenderer in second or third position in the cascade procedure - Obligation to state reasons - Manifest error of assessment - Non-contractual liability))

(2015/C 155/23)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens (Greece)) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Aviation Safety Agency (EASA) (represented by: F. Kämpfe, acting as Agent, and by J. Stuyck, lawyer)

Re:

APPLICATION, first, for annulment of EASA’s decisions to classify the applicant’s tenders in second or third position according to the cascade mechanism in call for tender EASA.2009.OP.02 relating to ‘ICT Services’ in the field of information technology and communications (OJ 2009/S 22-030588) and, second, for damages for the harm alleged to have been suffered on account of the tendering procedure in question.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Aviation Safety Agency (EASA) of 6 July 2009 ranking the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE third in the cascade mechanism for lot 2 (client-server applications, development and maintenance) of call for tenders EASA.2009.OP.02;

2. Annuls EASA’s decision of 10 July 2009 ranking the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis second in the cascade mechanism for lot 3 (system, database, and network administration) of call for tenders EASA.2009.OP.02;

3. Annuls EASA’s decision of 14 July 2009 ranking the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis second in the cascade mechanism for lot 5 (enterprise content management (‘ECM’), enterprise records management, document management implementation, maintenance and support) of call for tenders EASA.2009.OP.02;

4. Dismisses the action as to the remainder;

5. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis to bear 25 % of its own costs and pay 25 % of the costs incurred by EASA, and EASA to bear 75 % of its own costs and pay 75 % of those incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis.

(1) OJ C 233, 26.9.2009.
1.

Annuls Article 1(d) and Article 2(d) of Commission Decision C(2008) 6815 final of 12 November 2008 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.125 — Carglass), as amended by Commission Decision C(2009) 863 final of 11 February 2009, in so far as Soliver NV was thereby found to have participated, from 19 November 2001 to 11 March 2003, in an unlawful cartel on the carglass market in the European Economic Area (EEA) and a fine of EUR 4 3 96 000 was imposed on it on that basis;
EN Official Journal of the European Union C 194/14

Judgment of the General Court of 19 May 2011 — Tempus Vade v OHIM — Palacios Serrano (AIR FORCE)

(Case T-81/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark AIR FORCE - Earlier Community and national word and figurative marks TIME FORCE - Relative grounds for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

2011/C 194/21

Language of the case: Spanish

Parties

Applicant: Tempus Vade, SL (San Sebastián de los Reyes, Spain) (represented by: A. Gómez López, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Juan Palacios Serrano (Alcobendas, Spain) (represented by: E. Ochoa Santamaría, J. del Valle Sánchez and V. Ruiz de Velasco Martinez de Ercilla, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 1114/208-4) relating to opposition proceedings between Tempus Vade, SL and Mr. Juan Palacios Serrano.

Operative part of the judgment

1. The action is dismissed.

2. Tempus Vade, SL is ordered to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 347/29

Judgment of the General Court of 24 October 2011 — P v Parliament

(Case T-213/10) (1)

(Appeal - Civil Service - Temporary staff - Dismissal - Breakdown of trust - Statement of reasons - Distortion of the evidence)

2011/C 347/47

Language of the case: French

Parties

Appellant: P (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Other party to the proceedings: European Parliament (represented by: initially S. Seyr and R. Ignătescu, then S. Seyr, agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 24 February 2010 in Case F-89/08 P v Parliament, requesting that that judgment be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Ms P to bear her own costs and to pay those incurred by the European Parliament in these proceedings.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 331/20

Judgment of the General Court of 27 September 2011 — Brighton Collectibles v OHIM — Felmar (BRIGHTON)

(Case T-403/10) (1)

(Community trade mark - Opposition procedure - Application for Community word mark ‘BRIGHTON’ - National word and figurative marks ‘BRIGHTON’ and earlier signs ‘BRIGHTON’ - Relative grounds for refusal - Article 8(1)(b) and 8(2)(c) of Regulation (EC) No 207/2009 - Article 8(1)(b) and 8(4) of Regulation No 207/2009)

2011/C 331/37

Language of the case: French

Parties

Applicants: Brighton Collectibles, Inc. (Dover, Delaware, USA) (represented by: R. Delorey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Felmar (Paris, France) (represented by: D. Monégier du Sorbier, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning an opposition procedure between Brighton Collectibles Inc. and Felmar.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Brighton Collectibles Inc. to bear its own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Felmar to bear its own costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 13/13

Judgment of the General Court of 22 November 2011 — Sports Warehouse v OHIM (TENNIS WAREHOUSE)

(Case T-290/10) (1)

(Community trade mark - Application for Community word mark TENNIS WAREHOUSE - Absolute ground for refusal - Descriptive character - Distinctive character - Obligation to state reasons - Article 7(1)(b) and (c) and Article 75 of Regulation (EC) No 207/2009)

2012/C 13/27

Language of the case: German

Parties

Applicant: Sports Warehouse GmbH (Schutterwald, Germany) (represented by: M. Douglas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and subsequently R. Pethke, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1259/2009-1) concerning an application for registration of the word sign TENNIS WAREHOUSE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sports Warehosue GmbH to pay the costs.

(1) OJ C 234, 28.8.2010.