ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 30 November 2011 — Transnational Company ‘Kazchrome’ and ENRC Marketing v Council and Commission

(Case T-107/08) (1)

(Dumping - Imports of silico-manganese originating in China and Kazakhstan - Action for annulment - Export price - Comparison between export price and normal value - Calculation of the undercutting margin - Non-contractual liability)

(2012/C 25/91)

Language of the case: English

Parties

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

Defendants: Council of the European Union (represented initially by J.-P. Hix, acting as Agent, and G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, and G. Berrisch, lawyer); and European Commission (represented by: H. van Vliet and K. Talabér-Ritz, acting as Agents)

Intervener in support of the defendants: Euroalliages (Brussels, Belgium) (represented by: J. Bourgeois, Y. van Gerven and N. McNelis, lawyers)

Re:

Application, first, for annulment of Council Regulation (EC) No 1420/2007 of 4 December 2007 imposing a definitive anti-dumping duty on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan and terminating the proceeding on imports of silico-manganese originating in Ukraine (OJ 2007 L 317, p. 5), in so far as it concerns imports of silico-manganese produced by Transnational Company ‘Kazchrome’ AO, and, second, for damages.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Council Regulation (EC) No 1420/2007 of 4 December 2007 imposing a definitive anti-dumping duty on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan and terminating the proceeding on imports of silico-manganese originating in Ukraine in so far as that article applies to imports of silico-manganese produced by Transnational Company ‘Kazchrome’ AO;

2. Dismisses the action as to the remainder;

3. Orders Transnational Company ‘Kazchrome’ and ENRC Marketing AG to bear half of their own costs and to bear the costs of the European Commission;

4. Orders the Council of the European Union to bear half of the costs of Transnational Company ‘Kazchrome’ and ENRC Marketing, in addition to its own costs;

5. Orders Euroalliages to bear its own costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 355/20

Judgment of the General Court of 27 September 2012 — Tuzzi fashion v OHIM — El Corte Inglés (Emidio Tucci)

(Case T-535/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier national word mark and international registration TUZZI - Earlier company name Tuzzi fashion GmbH - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 and Article 62(2) of Regulation No 40/94 (now Article 75 and Article 64(2) of Regulation No 207/2009) - Examination of the facts by the adjudicatory body of its own motion - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009)

2012/C 355/40

Language of the case: Spanish

Parties

Applicant: Tuzzi fashion GmbH (Fulda, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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 General Court: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 September 2008 (Case R 1561/2007-2), relating to opposition proceedings between Tuzzi fashion GmbH and El Corte Inglés, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tuzzi fashion GmbH to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 194/18

Judgment of the General Court of 22 May 2012 — EnBW Energie Baden-Württemberg v Commission

(Case T-344/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Administrative file relating to cartel proceedings - Refusal of access - Exception relating to protection of the purpose of investigations - Exception concerning the protection of the commercial interests of a third party - Exception concerning the protection of the decision-making process - Obligation of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the request for access)

2012/C 194/27

Language of the case: German

Parties

Applicant: EnBW Energie Baden-Württemberg AG (Karlsruhe, Germany) (represented by: A. Bach and A. Hahn, lawyers)

Defendant: European Commission (represented: initially by P. Costa de Oliveira, A. Antoniadis and O. Weber and subsequently by A. Bouquet, P. Costa de Oliveira and A. Antoniadis, Agents)

Interveners in support of the applicant: Kingdom of Sweden (represented by: K. Petkovska, S. Johannesson and A. Falk, acting as Agents)

Intervener in support of the defendant: Siemens AG (Berlin and Munich, Germany) (represented by: I. Brinker, C. Steinle and M. Holm-Hadulla, lawyers); and ABB Ltd (Zurich, Switzerland) (represented: initially by J. Lawrence, Solicitor, and E. Whiteford, Barrister, and subsequently by J. Lawrence and D. Howe, Solicitor)

Re:

Application for annulment of Commission Decision SG.E.3/MV/psi D(2008) 4931 of 16 June 2008 refusing access to the case-file in Case COMP/F/38.899 — Gas insulated switchgear

Operative part of the judgment

The Court:

1. Annuls Commission Decision SG.E.3/MV/psi D(2008) 4931 of 16 June 2008 refusing access to the case-file in Case COMP/F/38.899 — Gas insulated switchgear;

2. Orders the European Commission to bear its own costs and to pay those incurred by EnBW Energie Baden-Württemberg AG;

3. Orders the Kingdom of Sweden, ABB Ltd and Siemens AG to bear their own costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 156/31

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

(Case T-418/08) (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 156/54

Language of the case: English

Parties

Applicant: Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA) (Prague, Czech Republic) (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 Ochranný svaz autorský pro práva k dílům hudebním o.s. (OSA);

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 164/14

Judgment of the General Court of 24 April 2013 — Evropaïki Dynamiki v Commission

(Case T-32/08) (1)

(Public service contracts - Tender procedure - Market analysis in view of developing a new approach for a website - Rejection of a tenderer’s bid - Obligation to state reasons - Manifest error of assessment - Selection criteria and award criteria - Non-contractual liability)

2013/C 164/24

Language of the case: English

Parties

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

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application, first, for annulment of the decision of the Commission rejecting the tender submitted by the applicant in connection with the call for tenders for a market analysis in view of developing a new approach for the ‘Environment for Young Europeans’ website and, secondly, for compensation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay the costs incurred by the European Commission.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 313/18

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

(Case T-566/08) (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 - Proof of the existence of the cartel - Concept of a single and continuous infringement - Duration of the infringement - Interruption of the infringement - 2006 Guidelines on the method of setting fines - Equal treatment - 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 100 % of the shares - Proportionality - Rounding method - Unlimited jurisdiction)

2013/C 313/33

Language of the case: French

Parties

Applicant: Total Raffinage Marketing (Puteaux, France) (represented by: A. Vandencasteele, C. Falmagne, C. Lemaire and S. Naudin, lawyers)

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

Re:

Primarily, application for annulment in part 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 reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Orders the fine imposed on Total Raffinage Marketing in Article 2 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) to be set at EUR 125 459 842;

2. Dismisses the action as to the remainder;

3. Orders Total Raffinage Marketing to bear nine-tenths of its own costs and to pay nine-tenths of the costs of the European Commission. The European Commission is to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by Total Raffinage Marketing.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 156/30

Judgment of the General Court of 12 April 2013 — Irish Music Rights Organisation v Commission

(Case T-415/08) (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 156/51

Language of the case: English

Parties

Applicant: Irish Music Rights Organisation Ltd (Dublin, Ireland) (represented by: D. Collins, Solicitor, and M. Favart, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and J. Bourke, 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. Slater, Solicitor, and D. Waelbroeck, lawyer)

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 Irish Music Rights Organisation Ltd;

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 16/27

Judgment of the General Court of 18 September 2015 — Buczek Automotive v Commission

(Case T-1/08 INTP) (1)

((Procedure - Interpretation of a judgment))

(2016/C 016/32)

Language of the case: Polish

Parties

Applicant: Buczek Automotive sp. z o.o. (Sosnowiec, Poland) (represented by: J. Jurczyk, lawyer)

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

Intervener in support of the applicant: Republic of Poland (represented by: A. Jasser, acting as Agent)

Re:

Application for interpretation of the judgment of 17 May 2011 in Buczek Automotive v Commission (T-1/08, ECR, EU:T:2011:216).

Operative part of the judgment

The Court:

1. Declares that point 1 of the operative part of the judgment of 17 May 2011 in Buczek Automotive v Commission (T-1/08, ECR, EU:T:2011:216) is to be interpreted as meaning that Article 1 of Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (OJ 2008 L 116, p. 20) is annulled with erga omnes effect;

2. Orders the European Commission to pay the costs;

3. Orders that the original of this judgment be appended to the original of the judgment interpreted, in the margin of which reference shall be made to this judgment.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 292/25

Judgment of the General Court of 11 July 2014 — RWE and RWE Dea v Commission

(Case T-543/08) (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 - Liability of a parent company for the infringements of the competition rules committed by its subsidiary and by a joint venture owned in part by it - Decisive influence exercised by the parent company - Presumption where the parent company holds 100 % of the shares - Succession of undertakings - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Unlimited jurisdiction))

2014/C 292/30

Language of the case: German

Parties

Applicants: RWE AG (Essen, Germany); and RWE Dea AG (Hamburg, Germany) (represented by: C. Stadler, M. Röhrig and S. Budde, lawyers)

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

Re:

Application, primarily, for annulment of Articles 1 and 2 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), in so far as it concerns the applicants, and, in the alternative, for the reduction of the fine imposed on them.

Operative part of the judgment

The Court:

1. Annuls Article 1 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) in so far as the European Commission found therein that RWE AG and RWE Dea AG had participated in the infringement after 2 January 2002;

2. Sets the amount of the fine imposed on RWE and RWE Dea at EUR 3 5 8 88 562;

3. Dismisses the action as to the remainder;

4. Orders the Commission to bear one fifth of its own costs and to pay one fifth of the costs incurred by RWE and RWE Dea. RWE and RWE Dea shall bear four fifths of their own costs and pay four fifths of the Commission’s costs.

(1) OJ C 55, 7.3.2009.
Official Journal of the European Union

Judgment of the General Court of 9 September 2010 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury)

(Case T-106/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Archer Maclean’s Mercury - Earlier national word mark Merkur - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

(2010/C 288/74)

Language of the case: English

Parties

Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, 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: Archer Maclean (Banbury, Oxfordshire, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2009 (Case R 1266/2007-1), relating to opposition proceedings between adp Gauselmann GmbH and Archer Maclean

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders adp Gauselmann GmbH to pay the costs.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 148/30

Judgment of the General Court of 28 April 2010 — Claro v OHIM — Telefónica (Claro)

(Case T-225/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community three-dimensional mark Claro - Earlier Community word mark CLARO - Inadmissibility of the appeal brought before the Board of Appeal - Articles 59 and 62 of Regulation (EC) No 40/94 (now Articles 60 and 64 of Regulation (EC) No 207/2009) - Rule 49(1) of Regulation (EC) No 2868/95)

2010/C 148/53

Language of the case: Spanish

Parties

Applicant: Claro, SA (São Paulo, Brazil) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Telefónica SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 February 2009 (Case R 1079/2008-2), relating to opposition proceedings between Telefónica, SA and BCP S/A

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Claro, SA to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 30/37

Judgment of the General Court of 9 December 2010 — Fédération internationale des logis v OHIM (Green convex square)

(Case T-282/09) (1)

(Community trade mark - Application for a Community figurative trade mark representing a green convex square - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 30/67

Language of the case: French

Parties

Applicant: Fédération internationale des logis (Paris, France) (represented by: B. Brisset, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 1511/2008-1) concerning an application for registration a green convex square as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Fédération internationale des logis to pay the costs.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 346/40

Judgment of the General Court of 28 October 2010 — Farmeco v OHIM — Allergan (BOTUMAX)

(Case T-131/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BOTUMAX - Earlier Community word and figurative marks BOTOX - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

2010/C 346/80

Language of the case: English

Parties

Applicant: Farmeco AE Dermokallyntika (Athens, Greece) (represented by: N. Lymperis, 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: Allergan Inc. (Irvine, California, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 60/2008-4), relating to opposition proceedings between Allergan Inc. and Farmeco AE Dermokallyntika.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Farmeco AE Dermokallyntika to pay the costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 46/12

Judgment of the General Court of 16 December 2010 — LG Electronics v OHIM (KOMPRESSOR PLUS)

(Case T-497/09) (1)

(Community trade mark - Application for Community word mark KOMPRESSOR PLUS - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2011/C 46/24

Language of the case: French

Parties

Applicant: LG Electronics, Inc. (Seoul, South Korea) (represented by: J. Blanchard, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1), relating to an application for registration as a Community trade mark of the word sign KOMPRESSOR PLUS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LG Electronics, Inc. to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 38/12

Judgment of the General Court of 16 December 2010 — Commission v Petrilli

(Case T-143/09 P) (1)

(Appeal - Staff cases - Auxiliary contract staff - Fixed-term contract - Rules on the maximum duration for employing non-permanent staff in the Commission services - Decision to refuse renewal of the contract)

2011/C 38/19

Language of the case: French

Parties

Appellant: European Commission (represented by: D. Martin and B. Eggers, Agents)

Other party to the proceedings: Nicole Petrilli (Woluwé-Saint-Étienne, Belgium) (represented: initially by J.-L. Lodomez and J. Lodomez, and subsequently by D. Dejehet and A. Depondt, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 January 2009 in Case F-98/07 Petrilli v Commission ECR-SC I-A-1-0000 and II-A-1-0000), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Commission to bear its own costs and to pay those incurred by Mrs Nicole Petrilli in these proceedings.

(1) OJ C 153 of 4.7.2009.