ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 82/23

Judgment of the Court of First Instance of 20 February 2009 — Commission v Bertolete and Others

(Joined Cases T-359/07 P to T-361/07 P) (1)

(Appeal - Public service - Contract staff of OIB - Former salaried employees under Belgian law - Change of applicable regime - Commission decisions fixing remuneration - Equal treatment)

(2009/C 82/41)

Language of the cases: French

Parties

Appellant: Commission of the European Communities (represented by: D. Martin and L. Lozano Palacios, acting as Agents)

Other parties to the proceedings: Marli Bertolete (Woluwé-Saint-Lambert, Belgium) and the eight other members of the contract staff of the Commission of the European Communities whose names are included in the annex to the judgment; Sabrina Abarca Montiel (Wauthier-Braine, Belgium) and the 19 other members of the contract staff of the Commission of the European Communities whose names are included in the annex to the judgment; Béatrice Ider (Halle, Belgium); Marie-Claire Desorbay (Meise, Belgium); and Lino Noschese (Braine-le-Château, Belgium) (represented by: L. Vogel, lawyer)

Re:

Three appeals brought against the judgments of the Civil Service Tribunal of the European Union (Second Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v Commission (not yet published in the ECR); Case F-24/06 Abarca Montiel and Others v Commission (not yet published in the ECR); and Case F-25/06 Ider and Others v Commission (not yet published in the ECR), seeking to have those judgments set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgments of the Civil Service Tribunal (Second Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v Commission (not yet published in the ECR), Case F-24/06 Abarca Montiel and Others v Commission (not yet published in the ECR) and Case F-25/06 Ider and Others v Commission (not yet published in the ECR);

2. Dismisses the actions brought by the applicants at first instance, namely Marli Bertolete and the eight other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Sabrina Abarca Montiel and the 19 other members of the contract staff of the Commission of the European Communities whose names are included in the annex, Béatrice Ider, Marie-Claire Desorbay and Lino Noschese;

3. Orders the applicants at first instance and the Commission to bear their own costs.

(1) OJ C 283, 24.11.2007.
EN Official Journal of the European Union C 44/46

Judgment of the Court of First Instance of 18 December 2008 — Lofaro v Commission

(Case T-293/07 P) (1)

(Appeal - Staff cases - Temporary staff - Time-limit for complaint - Date of bringing of complaint - Receipt by the Administration - Principle of legal certainty)

(2009/C 44/79)

Language of the case: French

Parties

Appellant: Alessandro Lofaro (Brussels, Belgium) (represented by: J.-L. Laffineur, lawyer)

Respondent: Commission of the European Communities (represented by: J. Currall and K. Hermann, Agents)

Re:

Appeal against the order of 24 May 2007 of the European Union Civil Service Tribunal (Third Chamber) in Joined Cases F-27/06 and F-75/06 Lofaro v Commission (not yet published in the ECR) seeking the setting aside of that order

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Alessandro Lofaro to bear his own costs and pay the Commission's costs before the Court of First Intance.

(1) OJ C 223, 22.9.2007.
EN Official Journal of the European Union C 180/44

Judgment of the Court of First Instance of 11 June 2009 — Greece v Commission

(Case T-33/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Olive oil, cotton, dried grapes and citrus fruits - Non-compliance with payment deadlines - Period of 24 months - Assessment of the expenditure to be excluded - Key controls - Principle of proportionality - Principle of ne bis in idem - Extrapolation of the findings of default)

2009/C 180/81

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias and G. Kanellopoulos, Agents)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe, F. Jimeno Fernández, Agents, assisted by N. Korogiannakis, lawyer)

Re:

Application for partial annulment of Commission Decision 2006/932/EC of 14 December 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 355, p. 96), in so far as it relates to certain expenditure incurred by the Hellenic Republic in the sectors of olive oil, dried grapes, citrus fruit and financial control.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 141/39

Judgment of the Court of First Instance of 5 May 2009 — Rotter v OHIM (Shape of an arrangement of sausages)

(Case T-449/07) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an arrangement of sausages - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

2009/C 141/80

Language of the case: German

Parties

Applicant: Thomas Rotter (Munich, Germany) (represented by: M. Müller, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 (Case R 1415/2006-4) relating to the registration of a three-dimensional sign representing an arrangement of sausages as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Thomas Rotter to pay the costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 267/60

Judgment of the Court of First Instance of 16 September 2009 — Offshore Legends v OHIM — Acteon (OFFSHORE LEGENDS in black and white and OFFSHORE LEGENDS in blue, black and green)

(Joined Cases T-305/07 and T-306/07) (1)

(Community trade mark - Opposition proceedings - Application for two Community figurative marks OFFSHORE LEGENDS, one in black and white, the other in blue, black and green - Earlier national figurative mark OFFSHORE 1 - Relative grounds for refusal - Likelihood of confusion - Similarity of goods and signs - Absence of request for proof of genuine use of the earlier mark - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 43(2) and (3) of Regulation No 40/94 in conjunction with Article 15(2)(a) of Regulation No 40/94 (now Article 42(2) and (3) and point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)

2009/C 267/104

Language of the case: French

Parties

Applicant: Offshore Legends (Nevele, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, 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: Acteon (Saint-Tropez, France) (represented by: M. Milon, lawyer)

Re:

Two actions brought against two decisions of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1031/2006-2 and Case R 1038/2006-2) relating to opposition proceedings between Acteon and Offshore Legends

Operative part of the judgment

The Court:

1. dismisses the actions;

2. orders Offshore Legends to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 205/33

Judgment of the Court of First Instance of 9 July 2009 — Ristic and Others v Commission

(Case T-238/07) (1)

(Animal Health - Protective measures - Decision 2007/362/EC - Action for annulment - No need to adjudicate - Action for damages - Principle of proportionality - Principle of protection of legitimate expectations - Duty of care - Right to property and right to carry on economic activity)

2009/C 205/60

Language of the case: German

Parties

Applicants: Ristic AG (Burgthann, Germany); Piratic Meeresfrüchte Import GmbH (Burgthann, Germany); Prime Catch Seafood GmbH (Burgthann, Germany); and Rainbow Export Processing, SA (represented by: H. Schmidt, lawyer)

Defendant: Commission of the European Communities (represented by: F. Erlbacher and A. Szmytkowska, Agents)

Re:

First, application for annulment of Commission Decision 2007/362/EC of 16 May 2007 amending Decision 2004/432/EC on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC (OJ 2007 L 138, p. 18), and, second, application for damages.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the application for annulment;

2. Dismisses the action as to the remainder;

3. Orders Ristic AG, Piratic Meeresfrüchte Import GmbH, Prime Catch Seafood GmbH and Rainbow Export Processing, SA to pay the costs, including those of the interlocutory proceedings.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 11/23

Judgment of the Court of First Instance of 19 November 2009 — Denka International v Commission

(Case T-334/07) (1)

(Plant-protection products - Active substance dichlorvos - Non-inclusion in Annex I to Directive 91/414/EEC - Evaluation procedure - Opinion of an EFSA Scientific Panel - Plea of illegality - Article 20 of Regulation (EC) No 1490/2002 - Submission of new studies and data during the evaluation procedure - Article 8 of Regulation (EC) No 451/2000 - Article 28(1) of Regulation (EC) No 178/2002 - Legitimate expectations - Proportionality - Equal treatment - Principle of sound administration - Rights of the defence - Principle of subsidiarity - Article 95(3) EC and Articles 4(1) and 5(1) of Directive 91/414)

2010/C 11/44

Language of the case: English

Parties

Applicant: Denka International BV (Barneveld, Netherlands) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/387/EC of 6 June 2007 concerning the non-inclusion of dichlorvos in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 145, p. 16)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Denka International BV to bear its own costs and to pay those of the Commission of the European Communities.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 267/57

Judgment of the Court of First Instance of 16 September 2009 — Pigasos Alieftiki Naftiki Etairia v Council and Commission

(Case T-162/07) (1)

(Non-contractual liability - Customs union - Proof of the Community nature of products of sea-fishing - Submission of certain documents as proof not possible - Sufficiently serious breach of a rule of law conferring rights on individuals - Liability of the Community in the absence of unlawful conduct by its bodies)

2009/C 267/98

Language of the case: Greek

Parties

Applicant: Pigasos Alieftiki Naftiki Etairia (Moschato, Greece) (represented by: N. Skandamis and E. Perakis, lawyers)

Defendants: Council of the European Union (represented initially by F. Florindo Gijón and M.-M. Joséphidès, and subsequently by F. Florido Gijón and M. Balta, Agents); and Commission of the European Communities (represented initially by E. Cujo, S. Schønberg and M. Konstantinidis, and subsequently by S. Schønberg and M. Patakia, Agents)

Re:

Action for damages to compensate for the damage alleged to have been suffered by the applicant as a result of the fact that the Council and the Commission did not adopt provisions enabling the customs authorities of a Member State to accept as proof of the Community nature of products of sea-fishing documents other than the T2M form provided for in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pigasos Alieftiki Naftiki Etairia to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 113/40

Judgment of the General Court of 18 March 2010 — KEK Diavlos v European Commission

(Case T-190/07) (1)

(Financial assistance for the European citizen information programme (Prince) - Project concerning the preparation for the introduction of the euro in schools - Decision ordering reimbursement of the advance paid - Obligation to state reasons - Error of assessment)

2010/C 113/63

Language of the case: Greek

Parties

Applicant: KEK Diavlos (Athens, Greece) (represented by: D. Chatzimichalis)

Defendant: European Commission (represented by: M. Condou-Durande and S. Petrova, Agents, assisted by E. Politis, lawyer)

Re:

Application for annulment of Commission Decision C(2006) 465 Final of 23 February 2006 ordering the reimbursement of the advance, together with interest, paid under a contract for financial assistance, concluded under the Prince programme, for an operation entitled ‘The EURO — its genuine and essential impact on school children’ (Eurogenesis), concerning the preparation for the introduction of the euro in schools.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KEK Diavlos to pay the costs.

(1) OJ C 211, 8.9.2007
EN Official Journal of the European Union C 37/34

Judgment of the General Court of 17 December 2009 — Notartel v OHIM — SAT.1 (R.U.N.)

(Case T-490/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark R.U.N. - Earlier Community and national word marks ‘ran’ - Relative ground for refusal - 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 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Partial refusal of registration)

2010/C 37/45

Language of the case: Italian

Parties

Applicant: Notartel SpA — Società informatica del Notariato (Rome, Italy) (represented by: M. Bosshard and M. Balestriero, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: SAT.1 SatellitenFernsehen GmbH (Berlin, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 October 2007 (Case R 1267/2006-4) concerning opposition proceedings between SAT.1 SatellitenFernsehen GmbH and Notartel SpA — Società informatica del Notariato

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Notartel SpA — Società informatica del Notariato to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 346/39

Judgment of the General Court of 28 October 2010 — Spain v Commission

(Case T-227/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Production aid intended for tomato processors - Spot checks over sufficient periods - Proportionality)

2010/C 346/76

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: European Commission (represented by: initially T. van Rijn and then F. Jimeno Fernández, Agents)

Re:

Action for annulment, in part, of Commission Decision 2007/243/EC of 18 April 2007 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 2007 L 106, p. 55).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 221/36

Judgment of the General Court of 6 July 2010 — Aer Lingus Group v Commission

(Case T-411/07) (1)

(Competition - Concentrations - Decision declaring a concentration incompatible with the common market - Concept of concentration - Disposal of all the shares acquired, so as to restore the situation prevailing before the implementation of the concentration - Refusal to order appropriate measures - Lack of competence of the Commission)

2010/C 221/56

Language of the case: English

Parties

Applicant: Aer Lingus Group plc (Dublin, Ireland) (represented by: A. Burnside, Solicitor, B. van de Walle de Ghelcke and T. Snels, lawyers, and subsequently by A. Burnside and B. van de Walle de Ghelcke)

Defendant: European Commission (represented by: X. Lewis, É. Gippini Fournier and S. Noë, Agents)

Intervener in support of the defendant: Ryanair Holdings plc (Dublin), (represented by J. Swift QC, V. Power, A. McCarthy, D. Hull, Solicitors, and G. Berrisch, lawyer)

Re:

Application for annulment of Commission Decision C(2007) 4600 of 11 October 2007 rejecting the applicant’s request to initiate proceedings under Article 8(4) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and to adopt interim measures under Article 8(5) of that regulation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aer Lingus Group plc to bear it own costs and those incurred by the Commission and Ryanair Holdings plc, including those relating to the interim proceedings.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 226/23

Judgment of the General Court of 16 June 2011 — Heineken Nederland and Heineken v Commission

(Case T-240/07) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands beer market - Decision finding an infringement of Article 81 EC - Proof of the infringement - Access to the file - Fines - Principle of equal treatment - Reasonable period)

2011/C 226/46

Language of the case: Dutch

Parties

Applicants: Heineken Nederland BV (Zoeterwoude, Netherlands) and Heineken NV (Amsterdam, Netherlands) (represented by: T. Ottervanger and M. de Jong, lawyers)

Defendant: European Commission (represented initially by A. Bouquet, S. Noë and A Nijenhuis, and subsequently by A. Bouquet and S. Noë, acting as Agents, and M. Slotboom, lawyer)

Re:

Application for partial annulment of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Netherlands beer market) and, in the alternative, for reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766) in so far as the European Commission found in it that Heineken NV and Heineken Nederland BV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual customers in the on-trade segment in the Netherlands;

2. Sets the amount of the fine imposed on Heineken and Heineken Nederland in Article 3(a) of Decision C(2007) 1697 at EUR 197 985 937,5;

3. Dismisses the remainder of the action;

4. Orders Heineken and Heineken Nederland to pay two-thirds of their own costs and of those of the European Commission;

5. Orders the Commission to pay one third of its own costs and of those of Heineken and Heineken Nederland.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 113/12

Judgment of the General Court of 3 March 2011 — Portugal v Commission

(Case T-387/07) (1)

(ERDF - Reduction of financial assistance - Global grant for local development in Portugal - Action for annulment - Expenditure actually incurred - Arbitration clause)

2011/C 113/22

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, S. Rodrigues and A. Gattini, Agents)

Defendant: European Commission (represented by: P. Guerra e Andrade and L. Flynn, Agents)

Re:

Action for partial annulment of Commission Decision C(2007) 3772 of 31 July 2007 reducing the financial assistance granted by the European Regional Development Fund towards the global grant for local development in Portugal pursuant to Commission Decision C(95) 1769 of 28 July 1995.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Republic of Portugal to bear its own costs and to pay those of the European Commission.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 311/33

Judgment of the General Court of 9 September 2011 — France v Commission

(Case T-257/07) (1)

(Animal health - Regulation (EC) No 999/2001 - Protection against transmissible spongiform encephalopathies - Sheep and goats - Regulation (EC) No 746/2008 - Adoption of less restrictive eradication measures than those earlier prescribed - Precautionary principle)

2011/C 311/58

Language of the case: French

Parties

Applicant: French Republic (represented initially by E. Belliard, G. de Bergues, R. Loosli-Surrans and A.-L. During, then by E. Belliard, G. de Bergues, R. Loosli Surrans and B. Cabouat, agents)

Defendant: European Commission (represented by: M. Nolin, agent)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by I. Rao and C. Gibbs, then by I. Rao and L. Seeboruth, and then by L. Seeboruth and F. Penlington, agents, and T. Ward, Barrister)

Re:

Annulment of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annex VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11), in that it authorises less restrictive measures of surveillance and eradication than those earlier prescribed for sheep and goat herds.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to bear its own costs and to pay those of the European Commission in respect of the main proceedings and the proceedings for interim measures;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 269/43

Judgment of the General Court of 13 July 2011 — Trade-Stomil v Commission

(Case T-53/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Participation in the cartel - Imputability of the offending conduct - Fines - Gravity and duration of the infringement - Attenuating circumstances)

2011/C 269/94

Language of the case: English

Parties

Applicant: Trade-Stomil sp. z o.o. (Łódź, Poland) (represented by: F. Carlin, Barrister, and E. Batchelor, Solicitor)

Defendant: European Commission (represented initially by: X. Lewis and V. Bottka, and subsequently by V. Bottka and V. Di Bucci, Agents)

Re:

Application for annulment, so far as Trade-Stomil sp. z o.o. is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on Trade-Stomil.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it concerns Trade-Stomil sp. z o.o.;

2. Orders the European Commission to pay the costs.

(1) OJ C 95, 28.4.2007.