ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 30/36

Judgment of the General Court of 10 December 2010 — Ryanair v Commission

(Cases T-494/08 to T-500/08 and T-509/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to procedures for reviewing State aid - Implied refusals of access - Express refusals of access - Exception concerning protection of the purpose of inspections, investigations and audits - Duty to carry out a concrete, individual examination)

2011/C 30/63

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)

Defendant: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, Agents)

Re:

Applications for annulment of the Commission’s implied decisions refusing to grant the applicant access to certain documents relating to procedures for reviewing State aid allegedly granted to the applicant by the operators of the airports of Aarhus (Denmark) (Case T-494/08), Alghero (Italy) (Case T-495/08), Berlin-Schönefeld (Germany) (Case T-496/08), Frankfurt-Hahn (Germany) (Case T-497/08), Lübeck-Blankensee (Germany) (Case T-498/08), Pau-Béarn (France) (Case T-499/08), Tampere-Pirkkala (Finland) (Case T-500/08) and Bratislava (Slovakia) (Case T-509/08), and, in the alternative, applications for annulment of the subsequent express decisions refusing access to those documents

Operative part of the judgment

The Court:

1. Orders Cases T-494/08, T-495/08, T-496/08, T-497/08, T-498/08, T-499/08, T-500/08 and T-509/08 to be joined for the purposes of the present judgment;

2. Declares the actions inadmissible in so far as they have been brought against the implied decisions to refuse access in Cases T-494/08, T-495/08, T-499/08, T-500/08 and T-509/08;

3. Declares that there is no longer any need to adjudicate on the actions in Cases T-496/08, T-497/08 and T-498/08 in so far as they have been brought against the implied decisions to refuse access;

4. Dismisses the remainder of the actions;

5. Orders Ryanair Ltd to pay the costs in Cases T-494/08, T-495/08, T-499/08, T-500/08 and T-509/08;

6. Orders the European Commission to bear its own costs in Cases T-496/08, T-497/08 and T-498/08 and to pay those incurred by Ryanair Ltd in those cases.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 328/29

Judgment of the General Court of 21 October 2010 — Agapiou Joséphidès v Commission and EACEA

(Case T-439/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus - Documents emanating from a third party - Partial refusal of access - Action for annulment - Time-limit for action - Inadmissibility - Objection of illegality - Exception relating to the protection of the privacy and integrity of the individual - Exception relating to the protection of commercial interests - Duty to give reasons)

2010/C 328/48

Language of the case: French

Parties

Applicant: Kalliope Agapiou Joséphidès (Nicosia, Cyprus) (represented by: C. Josephides, lawyer)

Defendant: European Commission (represented by: M. Owsiany-Hornung and G. Rozet, acting as Agents); and Education, Audiovisual and Culture Executive Agency (EACEA) (represented by: H. Monet, acting as Agent)

Re:

Annulment, firstly, of the decision of the EACEA of 1 August 2008, concerning a request for access to certain documents relating to the award of a Jean Monnet Centre of Excellence to the University of Cyprus and, secondly, of Commission Decision C(2007) 3749 of 8 August 2008 relating to an individual decision to award a subsidy within the framework of the Lifelong Learning Programme, Jean Monnet sub-programme

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Kalliope Agapiou Joséphidès to pay the costs.

(1) OJ C 237, 20.12.2008.
EN Official Journal of the European Union C 145/24

Judgment of the General Court of 24 March 2011 — Freistaat Sachsen and Others v Commission

(Joined Cases T-443/08 and T-455/08) (1)

(State aid - Aid for Leipzig/Halle Airport - Funding of investments relating to the construction of the new southern runway - Decision declaring aid compatible with the common market - Actions for annulment - No interest in bringing proceedings - Inadmissibility - Concept of ‘undertaking’ - Concept of ‘economic activity’ - Airport infrastructure)

2011/C 145/38

Language of the case: German

Parties

Applicants: Freistaat Sachsen (Germany) and Land Sachsen-Anhalt (Germany) (represented by U. Soltész, lawyer) (Case T-443/08); Mitteldeutsche Flughafen AG (Leipzig, Germany) and Flughafen Leipzig/Halle GmbH) (Leipzig) (represented by: M. Núñez-Müller, lawyer) (Case T-455/08)

Defendant: European Commission (represented by: K. Gross, B. Martenczuk and E. Righini, Agents)

Interveners in support of the applicants: Federal Republic of Germany (represented by M. Lumma and B. Klein, Agents); and Arbeitsgemeinschaft Deutscher Verkehrsflughäfen eV (ADV) (represented by L. Giesberts, lawyer)

Re:

Application for partial annulment of Commission Decision 2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and Leipzig/Halle Airport (OJ 2008 L 346, p. 1).

Operative part of the judgment

The Court:

1. Joins Cases T-443/08 and T-455/08 for the purposes of judgment;

2. Dismisses the action in Case T-443/08 as inadmissible;

3. Annuls Article 1 of Commission Decision 2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and Leipzig/Halle Airport in so far as it fixes at EUR 350 million the amount of State aid which the Federal Republic of Germany intends to grant to Leipzig/Halle Airport for the construction of a new southern runway and related airport infrastructure;

4. Dismisses the remainder of the action in Case T-455/08;

5. Orders Freistaat Sachsen and Land Sachsen-Anhalt to bear their own costs and to pay the European Commission’s costs in Case T-443/08;

6. Orders Mitteldeutsche Flughafen AG and Flughafen Leipzig/Halle GmbH to bear their own costs;

7. Orders the Commission bear its own costs in Case T-455/08;

8. Orders the Federal Republic of Germany and Arbeitsgemeinschaft Deutscher Verkehrsflughäfen eV (ADV) to bear their own costs in Cases T-443/08 and T-455/08.

(1) OJ C 237, 20.12.2008.
EN Official Journal of the European Union C 46/9

Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)

(Case T-337/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Representation of a reindeer made of chocolate - Absolute ground for refusal - Lack 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 46/15

Language of the case: German

Parties

Applicant: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R. Lange, E. Schalast and G. Hild, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 June 2008 (Case R 780/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a reindeer made of chocolate.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 238/15

Judgment of the General Court of 30 June 2011 — Imagion v OHIM (DYNAMIC HD)

(Case T-463/08) (1)

(Community trade mark - Application for Community word mark DYNAMIC HD - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through usage - 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))

2011/C 238/21

Language of the case: German

Parties

Applicant: Imagion AG (Trierweiler, Germany) (represented by: H. Blatzheim, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 August 2008 (Case R 488/2008-4) concerning an application for registration of the word mark DYNAMIC HD as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Imagion AG to pay the costs.

(1) OJ C 327, 20.12.2008
EN Official Journal of the European Union C 194/13

Judgment of the General Court of 19 May 2011 — PJ Hungary v OHIM — Pepekillo (PEPEQUILLO)

(Case T-580/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PEPEQUILLO - Earlier national and Community word and figurative marks PEPE and PEPE JEANS - Restitutio in integrum - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009) - Article 8(1)(b) and (5) of Regulation No 40/94 (now Article 8(1)(b) and (5) of Regulation No 207/2009))

2011/C 194/19

Language of the case: Spanish

Parties

Applicant: PJ Hungary Szolgáltató kft (PJ Hungary kft) (Budapest, Hungary) (represented by: H. Granado Carpenter and C. Gutiérrez Martínez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Pepekillo, SL (Algeciras, Spain) (represented by: J. Garrido Pastor, lawyer)

Re:

Action brought against the decisions of the First Board of Appeal of OHIM of 30 April and 24 September 2008 (both given in Case R 722/2007-1), concerning the application restitutio in integrum of Pepekillo, SL, and the opposition proceedings between PJ Hungary Szolgáltató kft (PJ Hungary kft) and Pepekillo, respectively.

Operative part of the judgment

1. The decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2008 (Case R 722/2007-1) is annulled;

2. The remainder of the action is dismissed;

3. OHIM is ordered to bear its own costs, half of the costs of PJ Hungary Szolgáltató kft (PJ Hungary kft) as well as the costs necessarily incurred by PJ Hungary kft for the purpose of the proceedings before the First Board of Appeal of OHIM;

4. Pepekillo, SL is ordered to bear its own costs and half of the costs of PJ Hungary kft.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 347/27

Judgment of the General Court of 18 October 2011 — SLV Elektronik v OHIM — Jiménez Muñoz (LINE)

(Case T-449/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LINE - Earlier national word and figurative marks Line - Partial refusal to register - Relative grounds 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))

2011/C 347/41

Language of the case: German

Parties

Applicant: SLV Elektronik GmbH (Übach-Palenberg, Germany) (represented by: C. König, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Angel Jiménez Muñoz (Gelida, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (case R 759/2007-4), relating to opposition proceedings between Angel Jiménez Muñoz and SLV Elektronik GmbH

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 18 July 2008 (case R 759/2007-4) in so far as concerns the goods ‘mains-operated lights, lighting apparatus and installations, stage effects lighting apparatus; electric lamps; individual parts for the aforesaid goods’ in Class 11;

2. orders OHIM to pay the costs.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 311/38

Order of the General Court of 13 September 2011 — Ruiz de la Prada de Sentmenat v OHIM — Quant Cosmetics Japan (AGATHA RUIZ DE LA PRADA)

(Case T-523/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark AGATHA RUIZ DE LA PRADA - Earlier national and Community figurative marks representing a black and white flower - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 311/67

Language of the case: Spanish

Parties

Applicant: Agatha Ruiz de la Prada de Sentmenat (Madrid, Spain) (represented by: R. Bercovitz Álvarez, lawyer)

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 intervening before the General Court: Mary Quant Cosmetics Japan Ltd (Tokyo, Japan) (represented by: R. Arnold and C. Hicks, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 September 2008 (Case R 1522/2007-1), relating to opposition proceedings between Mary Quant Cosmetics Japan Ltd and Agatha Ruiz de la Prada de Sentmenat

Operative part of the order

1. Dismisses the action.

2. Orders Agatha Ruiz de la Prada de Sentmenat to pay the costs.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 109/9

Judgment of the General Court of 28 February 2012 — Grazer Wechselseitige Versicherung v Commission

(Case T-282/08) (1)

(State aid - Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Private investor in a market economy test - Application where the State acts as vendor - Determination of the market price)

2012/C 109/20

Language of the case: German

Parties

Applicant: Grazer Wechselseitige Versicherung AG (Graz, Austria) (represented by: H. Wollmann, lawyer)

Defendant: European Commission (represented by: initially V. Kreuschitz, N. Khan and K. Gross and subsequently V. Kreuschitz, N. Khan and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (OJ 2008 L 239, p. 32).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Grazer Wechselseitige Versicherung AG to pay the costs.

(1) OJ C 247, 27.9.2008.
Official Journal of the European Union

Judgment of the General Court of 30 November 2011 — Commission v Carpi Badía

(Case T-52/08 P) (1)

(Appeal - Civil service - Officials - Promotion - 2005 promotion procedure - Priority points - Points not allocated due to a technical problem - A* Promotion Committee - Allocation of a lower number of points than had been proposed by the applicant’s superior - Failure to include the applicant in the list of officials eligible for promotion)

(2012/C 25/90)

Language of the case: French

Parties

Appellant: European Commission (represented by: G. Berscheid and K. Herrmann, Agents)

Other party to the proceedings: José María Carpi Badía (Luxembourg, Luxembourg) (represented by: B. Cortese and C. Cortese, lawyers)

Re:

Appeal lodged against the judgment of the Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F 110/06 Carpi Badía v Commission, not yet published in the ECR, with a view to having that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Commission to bear its own costs and to pay Mr José María Carpi Badía’s costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 355/19

Judgment of the General Court of 27 September 2012 — Guardian Industries and Guardian Europe v Commission

(Case T-82/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for flat glass in the EEA - Decision finding an infringement of Article 81 EC - Price-fixing - Evidence of the infringement - Calculation of the amount of the fines - Exclusion of captive sales - Obligation to state the reasons on which the decision is based - Equal treatment - Mitigating circumstances)

2012/C 355/39

Language of the case: English

Parties

Applicants: Guardian Industries Corp. (Dover, Delaware, United States of America); and Guardian Europe Sàrl (Dudelange, Luxembourg) (represented by: S. Völcker, F. Louis, A. Vallery, C. Eggers and H.-G. Kamann, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, acting as Agents)

Re:

Application for annulment of Commission Decision C(2007) 5791 final of 28 November 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39165 — Flat glass), in so far as it concerns the applicants, and for a reduction in the amount of the fine imposed on them by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Guardian Industries Corp. and Guardian Europe Sàrl to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 156/32

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

(Case T-420/08) (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 156/56

Language of the case: English

Parties

Applicant: Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (SAZAS) (Trzin, Slovenia) (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 Združenje skladateljev, avtorjev in založnikov za zaščito avtorskih pravic Slovenije (SAZAS);

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 123/15

Judgment of the General Court of 14 March 2013 — Fresh Del Monte Produce v Commission

(Case T-587/08) (1)

(Competition - Agreements, decisions and concerted practices - Market in bananas - Decision finding an infringement of Article 81 EC - Information exchange system - Concept of a concerted practice having an anti-competitive object - Causal link between the collusion and the conduct of the undertakings on the market - Single infringement - Imputation of the infringement - Rights of the defence - Fines - Gravity of the infringement - Cooperation - Mitigating circumstances)

2013/C 123/24

Language of the case: English

Parties

Applicant: Fresh Del Monte Produce, Inc. (George Town, Cayman Islands, United Kingdom) (represented by: initially B. Meyring, lawyer, and E. Verghese, Solicitor, and subsequently by B. Meyring)

Defendant: European Commission (represented by: initially M. Kellerbauer, A. Biolan and X. Lewis, and subsequently by M. Kellerbauer, A. Biolan and P. Van Nuffel, Agents,)

Intervener in support of the applicant: Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG (Hamburg, Germany) (represented by: A. Rinne, lawyer, C. Humpe and S. Kon, Solicitors, and C. Vajda QC)

Re:

Application for annulment of Commission Decision C(2008) 5955 of 15 October 2008 relating to a proceeding under Article 81 [EC] (Case COMP/39.188 — Bananas) and, in the alternative, for a reduction of the fine

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed under Article 2(c) of Commission Decision C(2008) 5955 of 15 October 2008 relating to a proceeding under Article 81 [EC] (Case COMP/39.188 — Bananas) at EUR 8.82 million;

2. Dismisses the action as to the remainder;

3. Orders Fresh Del Monte Produce, Inc. to bear its own costs and to pay three quarters of the costs incurred by the European Commission, and the Commission to bear one quarter of its own costs;

4. Orders Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG to bear its own costs.

(1) OJ C 44, 21.2.2009.