ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 319/12

Judgment of the General Court of 21 September 2011 — Berliner Institut für Vegleichende Sozialforschung v Commission

(Case T-34/08) (1)

(Financial assistance paid in the context of the Daphné II program - Determination of the amount to be paid to the beneficiary - Erroneous assessment)

2011/C 319/21

Language of the case: German

Parties

Applicant: Berliner Institut für Vergleichende Sozialforschung eV (Berlin, Germany) (represented by: initially, B. Hening, then U. Claus and, finally, S. Reichmann and L.-J. Schmidt, lawyers)

Defendant: European Commission (represented by: initially, S. Grünheid and B. Simon, then S. Grünheid and F. Dintilhac, Agents)

Re:

Application for the annulment of the Commission's decision of 16 November 2007 concerning the Commission's partial non-recognition of the costs incurred by the applicant in the context of Daphné Grant Agreement JAI/DAP/2004-2/052/W.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 16 November 2007 concerning its partial non-recognition of the costs incurred by Berliner Institut für Vergleichende Sozialforschung eV in the context of Daphné Grant Agreement JAI/DAP/2004-2/052/W in so far as concerns the expenses relating to items A6, A39, A40, A41, A43 and E41;

2. Orders Berliner Institut für Vergleichende Sozialforschung to bear two thirds of its own costs and two thirds of the costs incurred by the European Commission. The Commission shall bear a third of its own costs and a third of the costs incurred by Berliner Institut für Vergleichende Sozialforschung.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 319/12

Judgment of the General Court of (Second Chamber) of 20 September 2011 — Arch Chemicals and Others v Commission

(Case T-120/08) (1)

(Action for annulment - Health policy - Marketing of biocidal products - Regulation (EC) No 1451/2007 - Not individually concerned - Inadmissibility - Default procedure)

2011/C 319/22

Language of the case: English

Parties

Applicants: Arch Chemicals, Inc. (Norwalk, Connecticut, United States); Arch Timber Protection Ltd (Castleford, West Yorkshire, United Kingdom); Rhodia UK Ltd (Watford, Hertfordshire, United Kingdom); Sumitomo Chemical (UK) plc (London, United Kingdom); Troy Chemical Co. BV (Vlaardingen, Netherlands) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented by: P. Oliver and E. Kružíková, acting as Agents)

Intervener in support of the applicants: European Chemical Industry Council (CEFIC), (Brussels, Belgium) (represented: initially by Y. van Gerven and V. Terrien, and subsequently by Y. van Gerven, lawyers)

Re:

Application for annulment of Article 3(2), Article 4, Article 7(3), the second subparagraph of Article 14(2), Article 15(3), Article 17 of and Annex II to Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year work programme referred to in Article 16(2) of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ 2007, L 325, p. 3)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Declares that there is no need to adjudicate on the applications for leave to intervene made by the European Parliament and the Council of the European Union;

3. Orders Arch Chemicals, Inc., Arch Timber Protection Ltd, Rhodia UK Ltd, Sumitomo Chemical (UK) plc and Troy Chemical Co. BV to bear their own costs;

4. Orders the European Chemical Industry Council (CEFIC) to bear its own costs.

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 32/18

Judgment of the General Court of 15 December 2011 — Luxembourg v Commission

(Case T-232/08) (1)

(EAGGF - Guarantee Section - Expenses excluded from Community financing - Rural development measures - ‘Less favoured areas’ and ‘agroenvironment’ - National systems for management, monitoring and sanctions - Flat-rate financial correction)

2012/C 32/32

Language of the case: French

Parties

Applicant: Grand Duchy of Luxembourg (represented by: F. Probst, Agent, assisted by M. Theisen and K. Spitz, lawyers)

Defendant: European Commission (represented by: initially T. van Rijn, subsequently F. Clotuche-Duvieusart and F. Jimeno Fernández, Agents)

Re:

Application for partial annulment of Commission Decision 2008/321/EC of 8 April 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 109, p. 35).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 355/14

Judgment of the General Court of 25 October 2011 — Transnational Company ‘Kazchrome’ and ENRC Marketing v Council

(Case T-192/08) (1)

(Dumping - Imports of ferro-silicon originating in the former Yugoslav Republic of Macedonia, China, Egypt, Kazakhstan and Russia - Causal link - Community interest - Lack of cooperation - Facts available - Market economy treatment - Rights of the defence - Obligation to state reasons)

2011/C 355/22

Language of the case: English

Parties

Applicants: Transnational Company ‘Kazchrome’ AO (Aktobe, Kazakhstan) and ENRC Marketing AG (Kloten, Switzerland) (represented by: initially L. Ruessmann and A. Willems, and subsequently by A. Willems and S. de Knop, lawyers)

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

Interveners in support of the defendant: European Commission (represented by H. van Vliet and K. Talabér-Ritz, Agents), and Euroalliages (Brussels, Belgium) (represented by J. Bourgeois, Y. van Gerven and N. McNelis, lawyers)

Re:

APPLICATION for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6), in so far as it applies to the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Transnational Company ‘Kazchrome’ AO and ENRC Marketing AG to bear their own costs as well as those incurred by the Council of the European Union and by Euroalliages;

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

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 250/12

Judgment of the General Court of 10 July 2012 — Smurfit Kappa Group v Commission

(Case T-304/08) (1)

(State aid - Corrugated case materials - Aid for the construction of a paper mill - Guidelines on national regional aid - Decision declaring the aid compatible with the common market - Admissibility - Validity of the authority conferred by a legal person on its lawyers - Adoption of a decision upon conclusion of the preliminary examination phase - Standing to bring proceedings - Procedural rights of interested parties - Serious difficulties justifying the initiation of the formal investigation procedure - Exercise by the Commission of its discretion - Article 87(3)(a) EC - Article 88(2) and (3) EC - Article 4 of Regulation (EC) No 659/1999 - Article 44(5) and (6) of the Rules of Procedure)

2012/C 250/20

Language of the case: English

Parties

Applicant: Smurfit Kappa Group plc (Dublin, Ireland) (represented by: T. Ottervanger and E. Henny, lawyers)

Defendant: European Commission (represented by: B. Martenczuk and C. Urraca Caviedes, Agents)

Intervener in support of the defendant: Propapier PM 2 GmbH, formerly Propapier PM2 GmbH & Co. KG (Eisenhüttenstadt, Germany) (represented by: H.-J. Niemeyer and C. Herrmann, lawyers)

Re:

Action for annulment of Commission Decision C(2008) 1107 of 2 April 2008 declaring compatible with the common market the national regional aid which the German authorities intend to grant to Propapier PM2 for the construction of a paper mill in Eisenhüttenstadt (region of Brandenburg-Nordost) (State aid N 582/2007 — Germany).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2008) 1107 of 2 April 2008 declaring compatible with the common market the national regional aid which the German authorities intend to grant to Propapier PM2 for the construction of a paper mill in Eisenhüttenstadt (region of Brandenburg-Nordost) (State aid N 582/2007 — Germany);

2. Orders the European Commission and Propapier PM 2 GmbH to pay the costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 126/12

Judgment of the General Court (Seventh Chamber) of 15 March 2012 — Ellinika Nafpigeia v Commission

(Case T-391/08) (1)

(State aid - Shipbuilding - Aid granted by the Greek authorities to a shipyard - Decision declaring the aid incompatible with the common market and ordering its recovery - Misuse of aid)

2012/C 126/24

Language of the case: Greek

Parties

Applicant: Ellinika Nafpigeia AE (Skaramagka, Greece) (represented by: I. Drosos, K. Loukopoulos, A. Chiotellis, C. Panagoulea, P. Tzioumas, A. Balla, V. Voutsakis and X. Gkousta, lawyers)

Defendant: European Commission (represented by: C. Urraca Caviedes and M. Konstantinidis, agents)

Re:

Annulment of Article 1(2), Article 2, 3, 5 and 6, Article 8(2) and Articles 9, 11 to 16, 18 and 19 of Commission Decision 2009/610/EC of 2 July 2008 concerning State aid C 16/2004 (formerly NN 29/2004, CP 71/2002 and CP 133/2005) granted by Greece to Hellenic Shipyards SA (OJ 2009 L 225, p. 104).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ellinika Nafpigeia AE to bear its own costs and to pay the costs of the Commission.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 156/34

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

(Case T-425/08) (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 156/59

Language of the case: Danish

Parties

Applicant: Koda (Copenhagen, Denmark) (represented initially by K. Dyekjær and J. Borum, then by J. Borum and C. Karhula Lauridsen, and finally by J. Borum and G. Holtsø, lawyers)

Defendant: European Commission (represented initially by F. Castillo de la Torre and N. Rasmussen, then F. Castillo de la Torre and U. Nielsen, acting as Agents)

Intervener in support of the defendant: International Federation of the Phonographic Industry (IFPI) (Zurich, Switzerland) (represented by: L. Uusitalo and L. Rechardt, lawyers)

Re:

Application for annulment 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 Koda;

2. Annuls Article 4(2) and (3) of Commission Decision C(2008) 3435 final, to the extent that they refer to Article 3 of that decision, in so far as they concern Koda;

3. Dismisses the remainder of the action;

4. Orders the European Commission to bear its own costs and to pay the costs incurred by Koda, with the exception of the costs occasioned by the intervention;

5. Orders the International Federation of the Phonographic Industry (IFPI) to bear its own costs and to pay the costs incurred by Koda in connection with IFPI’s intervention;

6. Orders Koda and the Commission to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 9/35

Judgment of the General Court of 21 November 2012 — Germany v Commission

(Case T-270/08) (1)

(ERDF - Reduction in financial assistance - Operational programme falling under Objective No 1 (1994-1999) for Berlin (East) (Germany))

2013/C 9/60

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma, T. Henze and C. Blaschke, acting as Agents, and C. von Donat, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and B. Conte, acting as Agents)

Interveners in support of the applicant: Kingdom of Spain (represented initially by: J. Rodríguez Cárcamo and N. Díaz Abad and subsequently by: A. Rubio Gonzáles, abogados del Estado); Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, B. Koopman, M. Bulterman and J. Langer, acting as Agents); and French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)

Re:

Annulment of Commission Decision C(2008) 1615 final of 29 April 2008 reducing the financial contribution under the European Regional Development Fund (ERDF) initially granted for the Operational Programme falling under Objective 1 (1994-1999) for Berlin (East) in the Federal Republic of Germany

Operative part of the judgment

The Court:

1. Dismisses the action;

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

3. Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 225/61

Judgment of the General Court of 7 June 2013 — Spar Österreichische Warenhandels v Commission

(Case T-405/08) (1)

(Competition - Concentrations - Markets for everyday consumer goods - Decision declaring the concentration compatible with the internal market - Commitments - Manifest error of assessment - Right to be heard - Duty to state reasons)

2013/C 225/135

Language of the case: German

Parties

Applicant: Spar Österreichische Warenhandels AG (Salzburg, Austria) (represented initially by A.-H. Bischke, S. Brack and D. Bräunlich, then by A.-H. Bischke and D. Bräunlich, lawyers)

Defendant: European Commission (represented initially by S. Noë, N. von Lingen and O. Weber, then by S. Noë and N. von Lingen, agents, and by M. Buntscheck, lawyer)

Intervener in support of the defendant: Billa AG (Wiener Neudorf, Austria) (represented by H. Wollmann, G. Drauz and F. Urlesberger, lawyers)

Re:

Application for annulment of the Commission Decision of 23 June 2008 declaring the merger whereby Billa AG acquired sole control of Adeg österreich Handels AG compatible with the common market (Case COMP/M.5047 — REWE/ADEG), subject to the proposed commitments being met, pursuant to Article 6(1)(b) and (2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Spar Österreichische Warenhandels AG to bear its own costs and to pay those incurred by the European Commission and Billa AG.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 156/30

Judgment of the General Court of 12 April 2013 — Eesti Autorite Ühing v Commission

(Case T-416/08) (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 156/52

Language of the case: English

Parties

Applicant: Eesti Autorite Ühing (Tallin, Estonia) (represented by: M. Favart, lawyer)

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

Interveners 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); and European Broadcasting Union (EBU) (Grand-Saconnex, (Switzerland) (represented by D. Waelbroeck, lawyer, and D. Slater, Solicitor)

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 Eesti Autorite Ühing;

2. Dismisses the remainder of the action;

3. Orders the European Commission to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 46/38

Judgment of the General Court of 12 December 2014 — Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission

(Case T-550/08) (1)

((Competition - Agreements - Paraffin waxes market - Coordination and price increases - Price fixing - 2006 Guidelines for calculating the amount of fines - Rights of the defence - Proof of the infringement - Limitation))

(2015/C 046/45)

Language of the case: German

Parties

Applicant: Tudapetrol Mineralölerzeugnisse Nils Hansen KG (Hamburg, Germany) (represented by: U. Itzen, J. Ziebarth, lawyers, and S. Thomas, professor)

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

Re:

Principally, 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 reduction of the amount of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tudapetrol Mineralölerzeugnisse Nils Hansen KG to bear its own costs and those incurred by the European Commission, including those incurred in the proceedings for interim measures.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 313/15

Judgment of the General Court of 12 September 2013 — Italy v Commission

(Case T-164/08) (1)

(Languages - Notices of open competition for the recruitment of doctors - Full publication in three official languages - Information concerning the notices of open competitions - Publication in all official languages - Language of the tests - Choice of second language from three official languages)

2013/C 313/27

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented: initially by F. Díez Moreno, and subsequently by N. Díaz Abad and J. García-Valdecasas Dorrego, abogados del Estado)

Re:

Application for annulment of Notice of open competition EPSO/AD/125/08 (AD 7 and AD 9) to constitute a reserve list of doctors, published in the English, French and German versions of the Official Journal of the European Union of 21 February 2008 (OJ 2008 C 48 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls the notices of open competition EPSO/AD/125/08 (AD 7 and AD 9) to constitute a reserve list of doctors, published in the English, French and German versions of the Official Journal of the European Union of 21 February 2008;

2. Orders the Kingdom of Spain, the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 221/42

Judgment of the General Court of 7 July 2010 — Herhof v OHIM — Stabilator(stabilator)

(Case T-60/09) (1)

(Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 221/69

Language of the case: German.

Parties

Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Stabilator sp. z o.o. (Gdynia, Poland) (represented by: M. Kacprzak, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.

(1) OJ C 102, of 1.5.2009.
EN Official Journal of the European Union C 113/43

Judgment of the General Court of 9 March 2010 — Euro-Information v OHIM (EURO AUTOMATIC CASH)

(Case T-15/09) (1)

(Community trade mark - Application for Community word mark EURO AUTOMATIC CASH - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Distinctive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 113/69

Language of the case: French

Parties

Applicant: Européenne de traitement de l'information (Euro-Information) (Strasbourg, France) (represented by: A. Grolée, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2008 (Case R 70/2006-4) concerning an application for registration of the word sign EURO AUTOMATIC CASH as a Community trade mark

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 18 November 2008 (Case R 70/2006 4);

2. Orders OHIM to pay four fifths of the costs incurred by the parties before the Court;

3. Orders Européenne de traitement de l'information (Euro-Information) to pay one fifth of the costs incurred by the parties before the Court;

4. Orders OHIM to pay the essential costs incurred by the applicant for the purposes of the proceedings before the Board of Appeal of OHIM.

(1) OJ C 69, 21.3.2009.