ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v EMCDDA)

(Case T-63/06) (1)

(Public service contracts - EMCDDA tender procedure - Supply of software programming and consultancy services - Rejection of a submitted tender - Award criteria - Manifest error of assessment - Equal treatment - Transparency - Principle of sound administration - Obligation to state reasons)

(2010/C 288/56)

Language of the case: English

Parties

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

Defendant: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) (represented by: D. Storti, Agent, assisted by J. Stuyck, lawyer)

Re:

Application for annulment of the decision of the European Monitoring Centre for Drugs and Drug Addiction of 5 December 2005 to reject the bid submitted by the applicant in response to a call for tenders for the supply of software programming and consultancy services (OJ 2005 S 187) and to award the contract to another tenderer or, in the alternative, a claim for damages.

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 those of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 113/37

Judgment of the General Court of 4 March 2010 — Brosmann Footwear (HK) and Others v Council

(Case T-401/06) (1)

(Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy treatment - Individual treatment - Sampling - Support of the complaint by the Community industry - Definition of the product concerned - Equal treatment - Injury - Legitimate expectations - Obligation to state the reasons on which the decision is based)

2010/C 113/57

Language of the case: English

Parties

Applicants: Brosmann Footwear (HK) Ltd (Kowloon, China); Seasonable Footwear (Zhongshan) Ltd (Zhongshan, China); Lung Pao Footwear (Guangzhou) Ltd (Guangzhou, China); and Risen Footwear (HK) Co., Ltd (Kowloon, China) (represented by: L. Ruessmann and A. Willems, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, acting as Agents) and Confédération européenne de l’industrie de la chaussure (CEC) (Brussels, Belgium) (represented: initially by P. Vlaemminck, G. Zonnekeyn and S. Verhulst and subsequently by P. Vlaemminck and A. Hubert, lawyers)

Re:

Application for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1), in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan) Ltd, Lung Pao Footwear (Guangzhou) Ltd and Risen Footwear (HK) Co., Ltd to bear their own costs as well as those incurred by the Council of the European Union;

3. Orders the European Commission and the Confédération européenne de l’industrie de la chaussure (CEC) to bear their own costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 226/20

Judgment of the General Court of 16 June 2011 — Solvay v Commission

(Case T-186/06) (1)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Concepts of ‘agreement’ and ‘concerted practice’ - Access to the file - Fines - Leniency Notice - Equal treatment - Legitimate expectations - Obligation to state the reasons on which the decision is based)

2011/C 226/38

Language of the case: English

Parties

Applicant: Solvay SA (Brussels, Belgium) (represented initially by O.W. Brouwer, D. Mes, lawyers, M. O’Regan and A. Villette, Solicitors, and subsequently by O.W. Brouwer, A. Stoffer, lawyer, M. O’Regan and A. Villette)

Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)

Re:

Action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) and for annulment or reduction of the fine imposed on the applicant

Operative part of the judgment

The Court:

1. Annuls Article 1(m) of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case C.38.620 — Hydrogen peroxide and perborate) in so far as the European Commission found therein that Solvay SA had participated in the infringement during the period prior to May 1995;

2. Sets the amount of the fine imposed on Solvay in Article 2(h) of Decision C(2006) 1766 final at EUR 139,5 million;

3. Dismisses the action as to the remainder;

4. Orders Solvay to bear 80 % of its own costs and to pay 80 % of the Commission’s;

5. Orders the Commission to bear 20 % of its own costs and to pay 20 % of Solvay’s.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 145/19

Judgment of the General Court of 24 March 2011 — Comap v Commission

(Case T-377/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Duration of participation in the infringement - Fines - Determination of the starting amount of the fine - Proportionality)

2011/C 145/28

Language of the case: French

Parties

Applicant: Comap SA (Paris, France) (represented initially by A. Wachsmann and C. Pommiès, subsequently by A. Wachsmann and D. Nourissier, and finally by A. Wachsmann and S. de Guigné, lawyers)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by N. Coutrelis, lawyer)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Comap SA to pay the costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 6/9

Judgment of the General Court of 16 November 2011 — Fardem Packaging v Commission

(Case T-51/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Fines - Gravity of the infringement - Attenuating circumstances - Cooperation during the administrative procedure)

2012/C 6/10

Language of the case: Dutch

Parties

Applicant: Fardem Packaging BV (Edam, Netherlands) (represented initially by: F.J. Leeflang and W. Geelhoed, then by F. Leeflang and S. de Boer, lawyers)

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

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and for annulment or reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fardem Packaging BV to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 311/32

Judgment of the General Court of 9 September 2011 — Alliance One International v Commission

(Case T-25/06) (1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market sharing - Attributability of the unlawful conduct - Fines)

2011/C 311/54

Language of the case: English

Parties

Applicant: Alliance One International, Inc. (Danville, Virginia, United States) (represented by: C. Osti and A. Prastaro, lawyers)

Defendant: European Commission (represented: initially by É. Gippini Fournier and F. Amato, and subsequently by E. Gippini Fournier and N. Khan, Agents)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and, in the alternative, application for a reduction in the fine imposed on Alliance One International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alliance One International, Inc. to pay the costs.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 355/19

Judgment of the General Court of 27 September 2012 — Ballast Nedam Infra v Commission

(Case T-362/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Proof of the infringement - Gravity of the infringement - Imputability of the unlawful conduct - Rights of the defence - Production of new pleas in the course of proceedings - Unlimited jurisdiction)

2012/C 355/37

Language of the case: Dutch

Parties

Applicant: Ballast Nedam Infra BV (Nieuwegein (Netherlands)) (represented: initially by A. Bosman and J. van de Hel, and subsequently by A. Bosman and E. Oude Elferink, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by F. Wijckmans, F. Tuytschaever and L. Gyselen, and subsequently by F. Wijckmans and F. Tuytschaever, lawyers)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it concerns the applicant, and, in the alternative, first, for annulment in part of that decision and for reduction of the fine imposed on the applicant and, second, for annulment in part of that decision in so far as it sets the duration of the infringement with respect to the applicant and for a corresponding reduction of the fine imposed on it.

Operative part of the judgment

The Court:

1. Annuls Article 1(a) of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it concerns the participation of Ballast Nedam Infra BV in the infringement between 21 June 1996 and 30 September 2000;

2. Reduces the amount of the fine imposed jointly and severally on Ballast Nedam Infra in Article 2(a) of that decision to EUR 3.45 million;

3. Orders each party to bear its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 89/20

Judgment of the General Court of 14 February 2012 — Italy v Commission

(Case T-267/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Financial corrections - Fruit and vegetables - Public storage of beef and veal)

2012/C 89/31

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello, Avvocato dello Stato)

Defendant: European Commission (represented by: C. Cattabriga and F. Jimeno Fernández, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Partial annulment of Commission Decision 2006/554/EC of 27 July 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 218, p. 12), in so far as it excludes certain expenditure incurred by the Italian Republic in the fruit and vegetable sector and in the public storage of beef and veal sector.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 281, 18.11.2006.
EN Official Journal of the European Union C 200/18

Judgment of the General Court of 22 April 2016 — France v Commission

(Case T-56/06 RENV II) (1)

((State aid - Directive 92/81/EEC - Excise duties on mineral oils - Mineral oils used as fuel for alumina production - Exemption from excise - Legitimate expectations - Legal certainty - Reasonable time))

(2016/C 200/25)

Language of the case: French

Parties

Applicant: French Republic (represented by: G. de Bergues, D. Colas and R. Coesme, acting as Agents)

Defendant: European Commission (represented by: V. Di Bucci, N. Khan, G. Conte, D. Grespan and K. Walkerová, acting as Agents)

Re:

Application for the annulment of Article 5 of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia, respectively, implemented by France, Ireland and Italy (OJ 2006 L 119, p. 12), in so far as it obliges the French Republic to recover the State aid incompatible with the common market it granted, between 3 February 2002 and 31 December 2003, on the basis of the exemption from excise duty on mineral oils used as fuel for alumina production in the Gardanne region (France).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to bear its own costs and to pay three quarters of the costs of the Commission in Cases T-56/06, T-56/06 RENV I and T-56/06 RENV II and three twentieths of the costs incurred by the Commission in Cases C-89/08 P and C-272/12 P;

3. Orders the Commission to bear one quarter of its own costs in Cases T-56/06, T-56/06 RENV I and T-56/06 RENV II and one fifth of its own costs in Cases C-89/08 P and C-272/12 P.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 355/14

Judgment of the General Court of 27 September 2012 — Shell Petroleum and Others v Commission

(Case T-343/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Joint control - Fines - Aggravating circumstances - Role of instigator and leader - Repeated infringement - Duration of the infringement - Rights of the defence - Unlimited jurisdiction - Conduct of the undertaking during the administrative procedure)

2012/C 355/23

Language of the case: English

Parties

Applicants: Shell Petroleum NV (The Hague, Netherlands), The Shell Transport and Trading Company Ltd (London, United Kingdom) and Shell Nederland Verkoopmaatschappij BV (Rotterdam, Netherlands) (represented: initially by O. Brouwer, W. Knibbeler and S. Verschuur, and subsequently by O. Brouwer, W. Knibbeler and P. van den Berg, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by L. Gyselen, lawyer)

Re:

APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it concerns the applicants, and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Annuls Article 2(l) of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it sets the fine imposed on Shell Petroleum NV, The Shell Transport and Trading Company Ltd and Shell Nederland Verkoopmaatschappij BV at EUR 108 million;

2. Reduces the fine imposed on Shell Petroleum, The Shell Transport and Trading Company and Shell Nederland Verkoopmaatschappij by Article 2(l) of that decision to EUR 81 million;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 209/51

Judgment of the Court of First Instance of 4 July 2008 — Entrance Services v Parliament

(Case T-333/07) (1)

(Public services contracts - Community call for tenders procedure - Repair and maintenance of automatic equipment, joinery and similar equipment in European Parliament buildings in Brussels - Rejection of a tender - Serious error in professional matters - Article 93 of Regulation (EC, Euratom) No 1605/2002)

(2008/C 209/91)

Language of the case: French

Parties

Applicant: Entrance Services (Vilvorde, Belgium) (represented by: A. Delvaux and V. Bertrand, lawyers)

Defendant: European Parliament (represented by: M. Ecker and P. López-Carceller, acting as Agents)

Re:

Annulment of the decision of the Parliament rejecting the tender submitted by the applicant and awarding the contract to another tenderer in the call for tenders procedure concerning the repair and maintenance of automatic equipment, joinery and similar equipment in European Parliament buildings in Brussels.

Operative part of the judgment

The Court:

1. Annuls the decision of the Parliament rejecting the applicant's tender and awarding the contract to another tenderer in the call for tenders procedure concerning the repair and maintenance of automatic equipment, joinery and similar equipment in European Parliament buildings in Brussels.

2. Orders the Parliament to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 142/24

Judgment of the Court of First Instance of 23 April 2008 — Leche Celta v OHIM — Celia (Celia)

(Case T-35/07) (1)

(Community trade mark - Opposition - Application for Community figurative mark Celia - Earlier national word mark CELTA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 142/43)

Language of the case: French

Parties

Applicant: Leche Celta, SL (Puentedeume, Spain) (represented by: J. Calderón Chavero, T. Villate Consonni and M. Tañez Manglano, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Celia SA (Craon, France) (represented by: D. Masson and F. de Castelnau, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 (Case R 294/2006-4) concerning opposition proceedings between Leche Celta, SL and Celia SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Leche Celta, SL to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 327/23

Judgment of the Court of First Instance of 5 November 2008 — Calzaturificio Frau v OHIM — Camper (Representation of a stylised arch with the surface in solid colour)

(Case T-304/07) (1)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a stylised arch with the surface in solid colour - Earlier Community figurative mark representing a stylised arch - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 327/41)

Language of the case: Italian

Parties

Applicant: Calzaturificio SpA (San Giovanni Ilarione, Italy) (represented by: A. Rizzoli, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Camper, SL (Inca, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 in Case R 768/2006-1 relating to opposition proceedings between Camper, SL and Calzaturificio Frau SpA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Calzaturificio Frau SpA to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 285/38

Judgment of the Court of First Instance of 16 September 2008 — ratiopharm v OHIM (BioGeneriX)

(Case T-47/07) (1)

(Community trade mark - Application for Community word mark BioGeneriX - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 285/69)

Language of the case: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented first by Rechtsanwalt S. Völker, and then by S. Völker and A. Schabenberger, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1047/2004-4) concerning an application for registration of the word mark BioGenerix as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders ratiopharm GmbH to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 32/30

Judgment of the Court of First Instance of 16 December 2008 — Deichmann-Schuhe v OHIM — Design for Woman (DEITECH)

(Case T-86/07) (1)

(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DEITECH - Earlier national and international figurative trade marks DEI-tex - Relative grounds for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94)

(2009/C 32/55)

Language in which the application was lodged: German

Parties

Applicant: Heinrich Deichmann-Schuhe GmbH & Co. KG (Essen, Germany) (initially represented by O. Rauscher, lawyer, then by O. Rauscher and A. Schulz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Design for Woman SA (Bogotá, Colombia)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (case number R 791/2006-2) relating to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA.

Operative part of the judgment

The Court:

1. Partially annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2007 (case number R 791/2006-2) in so far as it finds that genuine use of the earlier marks has not been proven in respect of ‘shoes’ in Class 25 covered by the application for a Community trade mark;

2. Dismisses the remainder of the action;

3. Orders OHIM to pay the costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 6/25

Judgment of the Court of First Instance (Eighth Chamber) of 12 November 2008 — Cantieri Navali Termoli v Commission

(Case T-70/07) (1)

(State Aid - Shipbuilding - Operating aid linked to contracts for ships - Application for extension of ship delivery limit under Article 3 of Regulation (EC) No 1540/98 - Causal link between the exceptional event and the delay)

(2009/C 6/51)

Language of the case: Italian

Parties

Applicant: Cantieri Navali Termoli SpA (Termoli, Italy) (represented by: B. Mammarella, lawyer)

Defendant: Commission of the European Communities (represented by: G. Conte and C. Urraca Caviedes, Agents)

Re:

Action for annulment of the Commission's decision 2006/948/EC of 4 July 2006 on State aid which Italy plans to implement for Cantieri Navali Termoli SpA (OJ 2006 L 383, p. 53)

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Cantieri Navali Termoli SpA to pay the costs.

(1) OJ C 95, 28.4.2007.