ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 313/17

Judgment of the General Court of 13 September 2013 — Huvis v Council

(Case T-536/08) (1)

(Dumping - Imports of polyester staple fibres originating in South Korea - Maintenance of anti-dumping duties following a partial interim review - Action for annulment - Direct and individual concern - Admissibility - Equal treatment and non-discrimination - Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009))

2013/C 313/30

Language of the case: English

Parties

Applicant: Huvis Corp. (Seoul, South Korea) (represented: initially by J.-F. Bellis, F. Di Gianni and R. Antonini, and subsequently by J.-F. Bellis, F. Di Gianni and A. Scalini, lawyers)

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

Intervener in support of the defendant: European Commission (represented: intially by M. França and H. van Vliet, and subsequently by M. França and J.-F. Brakeland, Agents)

Re:

Action for annulment of Council Regulation (EC) No 893/2008 of 10 September 2008 maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 247, p. 1), as regards the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Huvis Corp. to bear its own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 156/31

Judgment of the General Court of 12 April 2013 — Sociedade Portuguesa de Autores v Commission

(Case T-417/08) (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 156/53

Language of the case: English

Parties

Applicant: Sociedade Portuguesa de Autores CRL (Lisbon, Portugal) (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. 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 Sociedade Portuguesa de Autores CR;

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 155/20

Judgment of the General Court of 25 March 2015 — Slovenská pošta v Commission

(Case T-556/08) (1)

((Competition - Abuse of dominant position - Slovakian traditional mail and hybrid mail services markets - Decision finding an infringement of Article 86(1) EC in conjunction with Article 82 EC - Exclusive right to distribute hybrid mail - Principle of sound administration - Obligation to state reasons - Right to be heard - Definition of the market - Extension of a monopoly - Article 86(2) EC - Legal certainty - Legitimate expectations))

(2015/C 155/22)

Language of the case: English

Parties

Applicant: Slovenská pošta a.s. (Banská Bystrica, Slovakia) (represented initially by O. Brouwer, C. Schillemans and M. Knapen, then by O. Brouwer and P. Schepens and, lastly, by O. Brouwer and A. Pliego Selie, lawyers)

Defendant: European Commission (represented initially by: R. Sauer, A. Tokár and A. Antoniadis, and subsequently by R. Sauer, A. Tokár and C. Vollrath, Agents)

Intervener in support of the applicant: Slovak Republic (represented by: B. Ricziová, Agent)

Interveners in support of the defendant: Cromwell a.s. (Bratislava, Slovakia); Slovak Mail Services a.s. (Bratislava); Prvá Doručovacia a.s. (Bratislava) (represented initially by M. Maier and P. Werner, and subsequently by P. Werner, lawyers); and ID Marketing Slovensko s.r.o., formerly TNT Post Slovensko s.r.o. (Bratislava) (represented initially by J. Ellison, Solicitor, and T. Rybár, lawyer, and subsequently by T. Rybár and I. Pecník, lawyers)

Re:

Application for annulment of Commission Decision C(2008) 5912 final of 7 October 2008 on the Slovakian postal legislation relating to hybrid mail services (Case COMP/39.562 — Slovakian postal law).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Slovenská pošta a.s. to bear its own costs and to pay those incurred by the European Commission, Cromwell a.s., Slovak Mail Services a.s., Prvá Doručovacia a.s. and ID Marketing Slovensko s.r.o.;

3) Orders the Slovak Republic to bear its own costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 194/19

Judgment of the General Court of 30 April 2014 — Tisza Erőmű v Commission

(Case T-468/08) (1)

((State aid - Aid awarded by the Hungarian authorities to certain electricity generators - Power purchase agreements concluded between a public undertaking and certain electricity generators - Decision declaring the State aid incompatible with the common market and ordering its recovery - Obligation to state reasons - Concept of State aid - Advantage - Selective nature - State resources - Imputability to the State - Effect on trade between Member States - Rights of the defence - Legal certainty - Legitimate expectations - Equal treatment - Proportionality - Misuse of powers - Article 10 of the Energy Charter Treaty))

2014/C 194/23

Language of the case: English

Parties

Applicant: Tisza Erőmű kft, formerly AES-Tisza Erőmű kft (Tiszaújváros, Hungary) (represented initially by T. Ottervanger and E. Henny, lawyers, and subsequently by T. Ottervanger)

Defendant: European Commission (represented by: L. Flynn, N. Khan and K. Talabér-Ritz, acting as Agents)

Re:

Application for the annulment of Commission Decision 2009/609/EC of 4 June 2008 on the State aid C 41/05 awarded by Hungary through Power Purchase Agreements (OJ 2009 L 225, p. 53).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Tisza Erőmű kft to pay the costs, including those incurred in the proceedings for interim measures.

(1) OJ C 6, 10.1.2009.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — Quinta do Portal v OHIM — Vallegre (PORTO ALEGRE)

(Case T-369/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark PORTO ALEGRE - Earlier national word mark VISTA ALEGRE - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

(2010/C 288/76)

Language of the case: Portuguese

Parties

Applicant: Sociedade Quinta do Portal SA (Porto, Portugal) (represented by: B. Belchior, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Vallegre, Vinhos do Porto, SA (Sabrosa, Portugal) (represented by: P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1012/2008-1) concerning invalidity proceedings between Vallegre, Vinhos do Porto, SA and Sociedade Quinta do Portal SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sociedade Quinta do Portal SA to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 148/29

Judgment of the General Court of 21 April 2010 — Schunk v OHIM (Presentation of part of a chuck)

(Case T-7/09) (1)

(Community trade mark - Application for a Community trade mark in the form of a presentation of part of a chuck with three grooves - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009))

2010/C 148/52

Language of the case: German

Parties

Applicant: Schunk GmbH & Co KG Spann- und Greiftechnik (Lauffen am Neckar, Germany) (represented by: C. Koppe-Zagouras, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 October 2008 (Case R 1109/2007-1) concerning the registration of the sign in the form of a presentation of part of a chuck with three grooves as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Schunk GmbH & Co KG Spann- und Greiftechnik to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 30/37

Judgment of the General Court of 25 November 2010 — Vidieffe v OHIM — Ellis International Group (GOTHA)

(Case T-169/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GOTHA - Earlier Community figurative mark gotcha - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 30/65

Language of the case: Italian

Parties

Applicant: Vidieffe Srl (Bologna, Italy) (represented by: M. Lamandini, D. De Pasquale and M. Pappalardo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Perry Ellis International Group Holdings, Ltd (Nassau, Bahamas)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 February 2009 (Case R 657/2008-1), relating to opposition proceedings between Perry Ellis International Group Holdings, Ltd and Vidieffe Srl.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 February 2009 (Case R 657/2008-1), in so far as it annuls the decision of the Opposition Division, inasmuch as that decision rejected the opposition, first, in respect of ‘[leather and imitations of leather] goods (not included in other classes); trunks and travelling bags; umbrellas, parasols and walking sticks’ in Class 18 and, second, in respect of all the goods in Class 25.

2. Dismisses the action as to the remainder.

3. Orders OHIM to bear its own costs and pay those incurred by Vidieffe Srl.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 317/31

Judgment of the General Court of 30 September 2010 — PVS v OHIM — MeDiTA Medizinische Kurierdienst (medidata)

(Case T-270/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark medidata - Earlier national word mark MeDiTA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 317/56

Language of the case: German

Parties

Applicant: PVS — Privatärztliche Verrechnungsstelle Rhein-Ruhr GmbH (Mülheim an der Ruhr, Germany) (represented by: F. Lindberg, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: MeDiTA Medizinische Kurierdienst- und Handelsgesellschaft mbH (Düsseldorf, Germany) (represented by: T. Schulte-Beckmann, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 1724/2007-4) relating to opposition proceedings between MeDiTA Medizinische Kurierdienst- und Handelsgesellschaft mbH and PVS — Privatärztliche Verrechnungsstelle Rhein-Ruhr GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Privatärztliche Verrechnungsstelle Rhein-Ruhr GmbH to pay the costs.

(1) OJ C 220 of 12.9.2009.
EN Official Journal of the European Union C 46/11

Judgment of the General Court of 17 December 2010 — Amen Corner v OHIM — Comercio Electrónico Ojal (SEVE TROPHY)

(Case T-192/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SEVE TROPHY - Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY - Relative grounds for refusal - Lack of similarity of the goods and of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

2011/C 46/21

Language of the case: Spanish

Parties

Applicant: Amen Corner, SA (Madrid, Spain) (represented by: J.A. Calderón Chavero and T. Villate Consonni, 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: Comercio Electrónico Ojal, SL (Madrid)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Amen Corner, SA to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 38/15

Judgment of the General Court of 15 December 2010 — Bianchin v OHIM — Grotto (GASOLINE)

(Case T-380/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark GASOLINE - Earlier Community figurative mark GAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 38/26

Language of the case: Italian

Parties

Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grotto SpA (Chiuppano, Italy) (represented by: F. Jacobacci, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Luciano Bianchin to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 145/26

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

(Case T-184/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Common organisation of the markets in the sugar sector - Article 8(1) of Regulation (EC) No 1663/95 and Article 11(1) and (2) of Regulation (EC) No 885/2006 - Assessment of the risk of financial loss to the EAGGF - Principle of proportionality)

2011/C 145/42

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: V. Kontolaimos, E. Leftheriotou and V. Karra, Agents)

Defendant: European Commission (represented by: F. Jimeno Fernández and A. Markoulli, Agents)

Re:

Application for annulment of Commission Decision 2009/253/EC of 19 March 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) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2009 L 75, p. 15), in so far as it excludes certain expenditure incurred by the Hellenic Republic in the context of the common organisation of the markets in the sugar sector.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 103/21

Judgment of the General Court of 17 February 2011 — Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v Council

(Case T-122/09) (1)

(Dumping - Imports of prepared or preserved citrus fruits originating in the People’s Republic of China - Rights of the defence - Obligation to state reasons - Principle of sound administration - Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 1225/2009))

2011/C 103/37

Language of the case: English

Parties

Applicants: Zhejiang Xinshiji Foods Co. Ltd (Liuao Town, Sanmen County, China) and Hubei Xinshiji Foods Co. Ltd (Dangyang City, China)) (represented by: F. Carlin, Barrister, A. MacGregor, Solicitor and N. Niejahr and Q. Azau, lawyers)

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

Intervener in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, Agents)

Re:

Application for annulment of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35) in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China in so far as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd;;

2. Orders Zhejiang Xinshiji Foods and Hubei Xinshiji Foods to bear half of their own costs;

3. Orders the Council of the European Union to bear its own costs and to pay half of the costs incurred by Zhejiang Xinshiji Foods and Hubei Xinshiji Foods;

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 186/21

Judgment of the General Court of 5 May 2011 — Olymp Bezner v OHIM — Bellido (OLYMP)

(Case T-204/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark OLYMP - Earlier national figurative mark OLIMPO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 186/38

Language of the case: English

Parties

Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: M. Eck and J. Dönch, 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: Miguel Bellido, SA (Manzanares, Spain)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 598/2008-2) relating to opposition proceedings between Miguel Bellido SA and Olymp Bezner GmbH & Co. KG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Olymp Bezner GmbH & Co. KG to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 160/18

Judgment of the General Court of 13 April 2011 — Deichmann v OHIM (Representation of a curved band with dotted lines)

(Case T-202/09) (1)

(Community trade mark - International registration designating the European Community - Figurative mark representing a curved band with dotted lines - Absolute ground for refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 160/24

Language of the case: German

Parties

Applicant: Deichmann SE, formerly Heinrich Deichmann-Scuhe GmbH & Co. KG (Essen, Germany) (represented by: O. Rauscher, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 (Case R 224/2007-4) concerning an international registration designating the European Community of a figurative mark representing a curved band with dotted lines

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deichmann SE to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 232/28

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Città)

(Case T-482/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER Città - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/49

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1047/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

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 28 September 2009 (Case R 1047/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.