ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 355/17

Judgment of the General Court of 27 September 2012 — Koninklijke Wegenbouw Stevin v Commission

(Case T-357/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Existence and classification of an agreement - Restriction of competition - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements - Rights of the defence - Fine - Aggravating circumstances - Role of instigator and leader - Absence of cooperation - Commission's powers of investigation - Right to the assistance of a lawyer - Misuse of powers - Calculation of the amount of the fines - Duration of the infringement - Unlimited jurisdiction)

2012/C 355/33

Language of the case: Dutch

Parties

Applicant: Koninklijke Wegenbouw Stevin BV (Utrecht (Netherlands)) (represented: initially by E. Pijnacker Hordijk and Y. de Vries, and subsequently by E. Pijnacker Hordijk and X. Reintjes, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by de L. Gyselen, F. Tuytschaever and F. Wijckmans, and subsequently by L. de Gyselen, 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, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Koninklijke Wegenbouw Stevin BV to pay the 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 1 July 2008 — AWWW v Eurofound

(Case T-211/07) (1)

(Public procurement - Community tendering procedure - Rejection of tender - Selection criteria - Award criteria - Obligation to state reasons)

(2008/C 209/90)

Language of the case: English

Parties

Applicant: AWWW GmbH ArbeitsWelt-Working World (Göttingen, Germany) (represented by: B. Schreier, V. Wellens, lawyers, and G. Dennis, solicitor)

Defendant: European Foundation for the Improvement of Living and Working Conditions (Eurofound) (represented by: C. Callanan, solicitor)

Re:

Action for annulment of the decision of the Eurofound of 17 April 2007 rejecting the applicant's tender in a community public procurement procedure for the provision of services of information and analysis on quality of work and employment, industrial relations and restructuring covering the European level

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders AWWW GmbH ArbeitsWelt-Working World to pay the costs, including those incurred in the application for interim measures.

(1) OJ C 183, 4.8.2007.
EN Official Journal of the European Union C 116/20

Judgment of the Court of First Instance of 2 April 2008 — Eurocopter v OHIM (STEADYCONTROL)

(Case T-181/07) (1)

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

(2008/C 116/35)

Language of the case: French

Parties

Applicant: Eurocopter SAS (Marignane, France) (represented by: initially E. Soler Borda, subsequently R. Zeineh, lawyers)

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 Fourth Board of Appeal of OHIM of 12 March 2007 (Case R 8/2006-4) concerning an application for registration of the word mark STEADYCONTROL as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Eurocopter SAS to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 327/23

Judgment of the Court of First Instance of 11 November 2008 — Speiser v Parliament

(Case T-390/07 P) (1)

(Appeal - Staff case - Temporary staff - Admissibility - Expatriation allowance - Purely confirmatory decision - Complaint made out of time)

(2008/C 327/42)

Language of the case: German

Parties

Appellant: Michael Alexander Speiser (Neu-Isenburg, Germany) (represented by: F. Theumer, lawyer)

Other party to the proceedings: European Parliament (represented by: initially A. Lukošiūtė and N. Lorenz and subsequently A. Lukošiūtė and S. Seyr, acting as Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 10 September 2007 in Case F-146/06 Speiser v Parliament, not yet published in the ECR, seeking to have that order set aside

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders each party to bear the costs incurred in the appeal proceedings.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 285/38

Judgment of the Court of First Instance of 17 September 2008 — FVB v OHIM

(Case T-10/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark FVB - Earlier national word mark FVD - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 285/68)

Language of the case: German

Parties

Applicant: FVB Gesellschaft für Finanz- und Versorgungsberatung mbH (Osnabrück, Germany) (represented by: P. Koehler, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: FVD Gesellschaft für Finanzplanung und Vermögensberatung Deutschland mbH, formerly FVD Gesellschaft für Finanzplanung und Vorsorgemanagement Deutschland mbH (Hamburg, Germany) (represented: first by J. Mattes and P. Heigl, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 November 2006 (Case R 1343/2005-4), relating to opposition proceedings between FVD Gesellschaft für Finanzplanung und Vorsorgemanagement Deutschland mbH and FVB Gesellschaft für Finanz- und Versorgungsberatung mbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FVB Gesellschaft für Finanz- und Versorgungsberatung mbH to pay the costs.

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 32/31

Order of the Court of First Instance of 9 December 2008 — Colgate-Palmolive v OHIM — CMS Hasche Sigle (VISIBLE WHITE)

(Case T-136/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark VISIBLE WHITE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 32/57)

Language of the case: English

Parties

Applicant: Colgate-Palmolive Co. (New York, New York, United States) (represented by: M. Zintler, H. Harmeling and K.-U. Plath, 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: CMS Hasche Sigle (Cologne, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2007 (Case R 165/2005-4) relating to invalidity proceedings between CMS Hasche Sigle and Colgate-Palmolive Co.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Colgate-Palmolive Co. to pay the costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 6/28

Judgment of the Court of First Instance of 12 November 2008 — EOS v OHIM (PrimeCast)

(Case T-373/07) (1)

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

(2009/C 6/58)

Language of the case: German

Parties

Applicant: EOS GmbH Electro Optical Systems (Krailling, Germany) (represented by: M. Mentjes, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 July 2007 (Case R 333/2005-4) concerning an application for registration of the word mark PrimeCast as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders EOS GmbH Electro Optical Systems to pay the costs.

(1) OJ C 283, 24.11.2007.
EN Official Journal of the European Union C 69/36

Judgment of the Court of First Instance of 28 January 2009 — Germany v Commission

(Case T-74/07) (1)

(ERDF - Reduction of financial assistance - Change to the financing plan without the consent of the Commission - Maximum rates of financing laid down for specific measures - Concept of significant change - Article 24 of Regulation (EEC) No 4253/88 - Duty to state the reasons on which the decision is based - Action for annulment)

(2009/C 69/83)

Language of the case: German

Parties

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

Defendant: Commission of the European Communities (represented by: G. Wilms and L. Flynn, acting as Agents)

Re:

Action for annulment of Commission Decision C(2006) 7271 final of 27 December 2006 on the reduction of the period of the financial contribution of the European Regional Development Fund (ERDF) granted to the Operational Programme under the Community initiative INTERREG II in the Saarland, Lorraine and Western Palatinate regions in Germany.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 44/45

Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette

(Joined Cases T-90/07 P and T-99/07 P) (1)

(Appeal - Staff cases - Officials - Pensions - Transfer of national pension rights - Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application - Jurisdiction of the Civil Service Tribunal - Alteration of the subject-matter of the proceedings - Inadmissibility of the action at first instance)

(2009/C 44/78)

Language of the case: French

Parties

Appellants: Kingdom of Belgium (represented by: L. Van den Broeck and C. Pochet, Agents, assisted by L. Markey, lawyer) and Commission of the European Communities (represented by V. Joris and D. Martin, Agents)

Respondent: Emmanuel Genette (Gorze, France) (represented by: M.-A. Lucas, lawyer)

Re:

Two appeals against the judgment of 16 January 2007 of the European Union Civil Service Tribunal (First Chamber) in Case F-92/05 Genette v Commission (not yet published in the ECR) seeking to have that judgment set aide

Operative part of the judgment

The Court:

1. Sets aside the judgment of 16 January 2007 of the European Union Civil Service Tribunal in Case F-92/05 Genette v Commission;

2. Dismisses as inadmissible Mr. Genette's action before the Civil Service Tribunal in Case F-92/05;

3. Orders Mr Genette to bear his own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;

4. Orders the Commission to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance;

5. Orders the Kingdom of Belgium to bear its own costs of the proceedings before the Civil Service Tribunal and the Court of First Instance.

(1) OJ C 117, 29.5.2007.
EN Official Journal of the European Union C 180/45

Judgment of the Court of First Instance of 11 June 2009 — Last Minute Network v OHIM — Last Minute Tour (LAST MINUTE TOUR)

(Joined Cases T-114/07 and T-115/07) (1)

(Community trade mark - Cancellation proceedings - Community figurative mark LAST MINUTE TOUR - Earlier unregistered national mark LASTMINUTE.COM - Relative ground for refusal - Reference to the national law governing the earlier mark - Action for passing off - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))

2009/C 180/83

Language of the case: English

Parties

Applicant: Last Minute Network Ltd (London, United Kingdom) (represented by: P. Brownlow, Solicitor, and S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Last Minute SpA (Milan, Italy) (represented by: D. Caneva and G. Locurto, lawyers)

Re:

Two actions brought against the Decisions of the Second Board of Appeal of OHIM of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2), concerning cancellation proceedings between Last Minute Network Ltd and Last Minute Tour SpA.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2);

2. Declares that there is no need to adjudicate on the second head of claim of Last Minute Network Ltd;

3. Orders OHIM to pay the costs incurred by Last Minute Network;

4. Orders Last Minute Tour SpA to bear its own costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 141/38

Judgment of the Court of First Instance of 29 April 2009 — BORCO-Marken-Import Matthiesen v OHIM (α)

(Case T-23/07) (1)

(Community trade mark - Application for the Community figurative mark α - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

2009/C 141/78

Language of the case: German

Parties

Applicant: BORCO-Marken-Import Matthiesen GmbH & Co. KG (Hamburg, Germany) (represented by: M. Wolter, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 November 2006 (Case R 808/2006-4), concerning the registration as a Community trade mark of the figurative sign α

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 30 November 2006 (Case R 808/2006-4);

2. Declares that there is no need to adjudicate on the second head of claim of BORCO-Marken-Import Matthiesen GmbH & Co. KG;

3. Orders OHIM to pay the costs.

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 267/62

Judgment of the Court of First Instance of 23 September 2009 — GlaxoSmithKline and others v OHIM — Serono Genetics Institute (FAMOXIN)

(Joined Cases T-493/07, T- 26/08 and T-27/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark FAMOXIN - Earlier national word marks LANOXIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Proof of use - Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (3) of Regulation No 207/2009)

2009/C 267/109

Language of the case: English

Parties

Applicants: GlaxoSmithKline SpA (Verona, Italy); Laboratórios Wellcome de Portugal Lda (Algés, Portugal); and The Wellcome Foundation Ltd (Greenford, Middlesex, United Kingdom) (represented by: R. Gilbey, Lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Serono Genetics Institute SA, (Évry, France)

Re:

Three actions brought against the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2007 (Case R 8/2007-1), 20 November 2007 (Case R 10/2007-1) and 19 November 2007 (Case R 9/2007-1), relating to cancellation proceedings between, on the one hand, GlaxoSmithkline SpA, Laboratórios Wellcome De Portugal Lda and The Wellcome Foundation Ltd, and, on the other, Serono Genetics Institute SA.

Operative part of the judgment

The Court:

1. Joins Cases T-493/07, T-26/08 and T-27/08 for the purposes of the present judgment;

2. Dismisses the actions;

3. Orders GlaxoSmithKline SpA, Laboratórios Wellcome de Portugal, Lda and The Wellcome Foundation Ltd to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 205/33

Judgment of the Court of First Instance of 8 July 2009 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E)

(Case T-230/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ESTER-E - Earlier Community figurative mark ESTER-E - 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 No 207/2009))

2009/C 205/59

Language of the case: English

Parties

Applicant: Laboratorios Del Dr. Esteve SA (Barcelona (Spain)) (represented by: K. Manhaeve, 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 intervening before the Court of First Instance: The Ester C Company (Prescott, Arizona, United States) (represented by: initially R. Bird, Solicitor, and subsequently by H. Wistam, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006-2) concerning opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Laboratorios Del Dr. Esteve, SA to pay the costs.

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 11/22

Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (350, 250 and 150)

(Joined Cases T-64/07 to T-66/07) (1)

(Community trade mark - Applications for Community word marks 350, 250 and 150 - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 11/42

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: D. Rzążewska, lawyer)

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

Re:

Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December 2006 (Cases R 1033/2006-4, R 1034/2006-4 and R 1035/2006-4) concerning applications for registration of word marks 350, 250 and 150 as Community trade marks.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 267/59

Judgment of the Court of First Instance of 23 September 2009 — Viñedos y Bodegas Príncipe Alfonso de Hohenlohe v OHIM — Byass (ALFONSO)

(Case T-291/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ALFONSO - Earlier Community and national word marks PRINCIPE ALFONSO - 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) - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation No 40/94 (now Article 64(1) of Regulation No 207/2009)

2009/C 267/103

Language of the case: Spanish

Parties

Applicant: Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA (Cenicero, Spain) (represented by: M. Lobato García-Miján and B. Díaz de Escauriaza, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas and J. Laporta Insa, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: González Byass, SA (Cádiz, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1110/2006-2) relating to opposition proceedings between Viñedos y Bodegas Príncipe Alfonso de Hohenlohe, SA and González Byass, SA

Operative part of the judgment

The Court:

1. annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1110/2006-2);

2. orders OHIM to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 113/40

Judgment of the General Court of 17 March 2010 — Mäurer + Wirtz v OHIM — (tosca de FEDEOLIVA)

(Case T-63/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark tosca de FEDEOLIVA - Earlier Community and national word marks TOSCA - Relative grounds for refusal - Failure to take an argument into consideration - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))

2010/C 113/62

Language of the case: English

Parties

Applicant: Mäurer + Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: D. Eickemeier, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Exportaciones Aceiteras Fedeoliva, AIE (Jaén, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 December 2006 (Case R 761/2006-2), concerning opposition proceedings between Mülhens GmbH & Co. KG and Exportaciones Aceiteras Fedeoliva, AIE.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 December 2006 (Case R 761/2006-2), to the extent that it rejects the opposition brought on the basis of Article 8(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (now Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark);

2. Dismisses the action as to the remainder;

3. Orders Mäurer + Wirtz GmbH & Co. KG and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) each to bear its own costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 37/34

Judgment of the General Court of 11 December 2009 — Giannopoulos v Council

(Case T-436/07 P) (1)

(Appeal - Staff case - Officials - Recruitment - Classification in grade - Request for reclassification - Article 31(2) of the Staff Regulations)

2010/C 37/44

Language of the case: French

Parties

Appellant: Nikos Giannopoulos (Wezembeek-Oppem, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Council of the European Union (represented by: M. Bauer and I. Šulce, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 20 September 2007 in Case F-111/06 Giannopoulos v Council, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Nikos Giannopoulos and the Council of the European Union to bear their own costs in connection with the present instance.

(1) OJ C 22, 26.1.2008.