ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 103/20

Judgment of the General Court of 17 February 2011 — UEFA v Commission

(Case T-55/08) (1)

(Television broadcasting - Article 3a of Directive 89/552/EEC - Measures taken by the United Kingdom concerning events of major importance to United Kingdom society - European Football Championship - Decision declaring the measures compatible with Community law - Statement of reasons - Articles 49 EC and 86 EC - Right to property)

2011/C 103/34

Language of the case: English

Parties

Applicant: Union des associations européennes de football (UEFA) (Nyon, Switzerland) (represented by: A. Bell, K. Learoyd, Solicitors, D. Anderson QC and B. Keane, Solicitor)

Defendant: European Commission (represented by: F. Benyon and E. Montaguti, Agents, assisted by J. Flynn QC and M. Lester, Barrister)

Interveners in support of the defendant: Kingdom of Belgium (represented by: C. Pochet, Agent, assisted by J. Stuyck, lawyer); United Kingdom of Great Britain and Northern Ireland (represented initially by: S. Behzadi-Spencer and V. Jackson, and subsequently by S. Behzadi-Spencer and L. Seeboruth, Agents, assisted by T. de la Mare and B. Kennelly, Barristers)

Re:

APPLICATION for partial annulment of Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2007 L 295, p. 12).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Union des associations européennes de football (UEFA) to bear its own costs and to pay those incurred by the European Commission;

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

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 46/9

Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & v OHIM (Shape of a chocolate rabbit with a red ribbon)

(Case T-336/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit with a red ribbon - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

2011/C 46/14

Language of the case: German

Parties

Applicant: Chocoladefabriken Lindt & (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: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2008 (Case R 1332/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon.

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 226/24

Judgment of the General Court of 16 June 2011 — Gosselin Group and Stichting Administratiekantoor Portielje v Commission

(Joined Cases T-208/08 and T-209/08) (1)

(Competition - Cartels - International removal services market in Belgium - Decision finding an infringement of Article 81 EC - Price-fixing - Market-sharing - Bid rigging - Single and continuous infringement - Concept of an undertaking - Imputability of the infringement - Fines - 2006 Guidelines on the method of setting fines - Gravity - Duration)

2011/C 226/49

Language of the case: Dutch

Parties

Applicants: Gosselin Group NV, formerly Gosselin World Wide Moving NV (Deurne, Belgium) (represented by: F. Wijckmans and S. De Keer, lawyers) (Case T-208/08); and Stichting Administratiekantoor Portielje (Rotterdam, Netherlands) (represented by: D. Van hove, lawyer) (Case T-209/08)

Defendant: European Commission (represented by: A. Bouquet and F. Ronkes Agerbeek, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services), as amended by Commission Decision C(2009) 5810 final of 24 July 2009, and, in the alternative, the annulment or reduction of the fine imposed on the applicants

Operative part of the judgment

The Court:

1. In Case T-208/08, annuls Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services) in so far as that decision finds that Gosselin Group NV participated in the infringement of Article 81(1) EC from 30 October 1993 to 14 November 1996;

2. Sets the amount of fine imposed on Gosselin Group in Article 2 of Decision C(2008) 926, as amended by Commission Decision C(2009) 5810 final of 24 July 2009, at EUR 2,32 million;

3. Dismisses the action as to the remainder;

4. In Case T-209/08, annuls Decision C(2008) 926, as amended by Decision C(2009) 5810, in so far as it relates to Stichting Administratiekantoor Portielje;

5. In Case T-208/08, orders each party to bear its own costs;

6. In Case T-209/08, orders the European Commission to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 186/19

Judgment of the General Court of 12 May 2011 — Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission

(Joined Cases T-267/08 and T-279/08) (1)

(State aid - Construction of railway equipment - Repayable advances - Decision declaring the aid incompatible with the common market and ordering its recovery - Alteration of heads of claim - Rights of defence - Obligation to state reasons - State resources - Whether State held responsible - Criterion of private investor - Undertaking in difficulties)

2011/C 186/34

Language of the case: French

Parties

Applicants: Région Nord-Pas-de-Calais (represented by M. Cliquennois and F. Cavedon, lawyers) (Case T-267/08) and Communauté d’agglomération du Douasis (represented by M.Y. Benjamin and D. Rombi, lawyers) (Case T-279/08)

Defendant: European Commission (represented by: C. Giolito and B. Stromsky, Agents)

Re:

Originally, application for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA, and then application for annulment of Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 implemented by France in favour of Arbel Fauvet Rail.

Operative part of the judgment

The Court:

1. Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA;

2. Dismisses the actions;

3. Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d’agglomération du Douasis after they were sent Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C(2008) 1089 final.

(1) OJ C 247, of 27.9.2008.
EN Official Journal of the European Union C 331/17

Judgment of the General Court of 27 September 2011 — Perusahaan Otomobil Nasional v OHIM — Proton Motor Fuel Cell (PM PROTON MOTOR)

(Case T-581/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark PM PROTON MOTOR - Earlier national, Benelux and Community word and figurative marks PROTON - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

2011/C 331/31

Language of the case: English

Parties

Applicant: Perusahaan Otomobil Nasional Sdn Bhd (Shah Alam, Selangor Darul Ehsan, Malaysia) (represented by: J. Blind, C. Kleiner and S. Ziegler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Proton Motor Fuel Cell GmbH (Puchheim, Germany) (represented by: C. Sedlmeir, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 October 2008 (Case R 1675/2007-1) concerning opposition proceedings between Perusahaan Otomobil Nasional Sdn Bhd and Proton Motor Fuel Cell GmbH.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Perusahaan Otomobil Nasional Sdn Bhd to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 311/36

Judgment of the General Court of 9 September 2011 — Kwang Yang Motor Co. v OHIM — Honda Giken Kogyo (An internal combustion engine with the vent on the top)

(Case T-10/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing an internal combustion engine with the vent on the top - Earlier national design - Ground for invalidity - No individual character - Visible features of a component part of a complex product - No different overall impression - Informed user - Degree of freedom of the designer - Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002)

2011/C 311/63

Language of the case: English

Parties

Applicant: Kwang Yang Motor Co. (Kaohsiung, Taiwan) (represented by: P. Rath, W. Festl-Wietek and M. Wetzel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Honda Giken Kogyo Kabushiki Kaisha (Tokyo, Japan) (represented by T. Musmann, H. Timmann, M. Büttner and S. von Petersdorff-Campen, lawyers)

Re:

ACTION brought against the decision of 8 October 2007 of the Third Board of Appeal of OHIM (Case R 1337/2006-3), relating to invalidity proceedings for Community designs between Honda Giken Kogyo Kabushiki Kaisha and Kwang Yang Motor Co., Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kwang Yang Motor Co., Ltd to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 73/26

Judgment of the General Court of 31 January 2012 — Spain v Commission

(Case T-206/08) (1)

(EAGGF - ‘Guarantee’ section - Expenditure excluded from Community financing - Wine sector - Prohibition on new vine plantations - National monitoring systems - Lump-sum financial correction - Procedural guarantees - Error of assessment - Proportionality)

2012/C 73/49

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented initially by: F. Díez Moreno, and subsequently by: M. Muñoz Pérez, acting as Agents)

Defendant: European Commission (represented by: F. Jimeno Fernández, acting as Agent)

Re:

Application for annulment in part of Commission Decision 2008/321/EC of 8 April 2008 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 2008 L 109, p. 35).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 370/22

Judgment of the General Court of 10 November 2011 — Elliniki Nafpigokataskevastiki and Others v Commission

(Case T-384/08) (1)

(State aid - Shipbuilding - Aid granted by the Greek authorities in the form of an indemnification guarantee - Decision declaring the aid incompatible with the common market - Concept of State aid - Imputability to the State - State resources - Private investor test)

2011/C 370/36

Language of the case: English

Parties

Applicants: Elliniki Nafpigokataskevastiki AE Chartofylakeiou (Chaidari, Greece); Howaldtswerke-Deutsche Werft GmbH (Kiel, Germany); and ThyssenKrupp Marine Systems AG (Hamburg, Germany) (represented by: U. Soltész and C. von Köckritz, lawyers)

Defendant: European Commission (represented by: L. Flynn, M. Konstantinidis and C. Urraca Caviedes, Agents)

Intervener in support of the defendant: Trapeza Peiraios AE (Athens, Greece) (represented by S. Pappas, I. Ktenidis and C. Apalagaki, lawyers)

Re:

Application for annulment of Article 16 of Commission Decision 2009/610/EC of 2 July 2008 on the measures C 16/04 (ex NN 29/04, CP 71/02 and CP 133/05) implemented by Greece in favour of Hellenic Shipyards SA (OJ 2009 L 225, p. 104).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Elliniki Nafpigokataskevastiki AE Chartofylakeiou, Howaldtswerke-Deutsche Werft GmbH and ThyssenKrupp Marine Systems AG to bear their own costs and to pay those incurred by the European Commission and by Trapeza Peiraios AE.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 319/6

Judgment of the General Court of 12 September 2012 — Greece v Commission

(Case T-356/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Arable crops - Proportionality - Increase in the correction due to recurrence of the infringement)

2012/C 319/08

Language of the case: Greek

Parties

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

Defendant: European Commission (represented by: H. Tserepa-Lacombe and A. Markoulli, Agents)

Re:

Application for annulment of Commission Decision 2008/582/EC of 8 July 2008 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 2008 L 186, p. 39), in so far as it excluded certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 126/12

Judgment of the General Court of 15 March 2012 — Mustang v OHIM — Decathlon (Wavy line)

(Case T-379/08) (1)

(Community trade mark - Opposition proceedings - Application for a figurative Community mark representing a wavy line - Earlier national and international figurative trade marks representing a white wavy line on a black background - 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))

2012/C 126/23

Language of the case: German

Parties

Applicant: Mustang — Bekleidungswerke GmbH & Co. KG (Künzelsau, Germany) (represented by: A. Klett and K. Weimer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Decathlon SA (Villeneuve d’Ascq, France) (represented by: P. Demoly, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 July 2008 (Case R 859/2007-4) concerning opposition proceedings between Decathlon SA and Mustang — Bekleidungswerke GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mustang — Bekleidungswerke GmbH & Co. KG to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 156/37

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

(Case T-442/08) (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 156/64

Language of the case: English

Parties

Applicant: International Confederation of Societies of Authors and Composers (CISAC) (Neuilly-sur-Seine, France) (represented by: J.-F. Bellis and K. Van Hove, lawyers)

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

Intervener in support of the applicant: European Broadcasting Union (EBU) (Grand-Saconnex, Switzerland) (represented by D. Slater and D. Waelbroeck, lawyers)

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 the International Confederation of Societies of Authors and Composers (CISAC);

2. Orders the European Commission to pay the costs.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 101/16

Judgment of the General Court of 7 February 2013 — EuroChem MCC v Council

(Case T-459/08) (1)

(Dumping - Imports of ammonium nitrate originating in Russia - Request for a partial interim review - Expiry review - Normal value - Export price - Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 1225/2009))

2013/C 101/33

Language of the case: English

Parties

Applicant: EuroChem Mineral and Chemical Company OAO (EuroChem MCC) (Moscow, Russia) (represented: initially by P. Vander Schueren and B. Evtimov, lawyers, and subsequently by B. Evtimov and D. O’Keeffe, Solicitor)

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

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and M. França, Agents); and Fertilizers Europe (Brussels, Belgium) (represented by: B. O’Connor, Solicitor, and S. Gubel, lawyer)

Re:

Action for annulment of Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 185, p.1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders EuroChem Mineral and Chemical Company OAO (EuroChem MCC) to bear its own costs and to pay those incurred by the Council of the European Union and by Fertilizers Europe;

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

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 252/29

Judgment of the General Court of 11 July 2013 — Spain v Commission

(Case T-358/08) (1)

(Cohesion Fund - Regulation (EC) No 1164/94 - Project for the drainage of Saragossa - Partial cancellation of financial assistance - Public procurement - Concept of work - Article 14(10) and (13) of Directive 93/38/EEC - Splitting of contracts - Legitimate expectations - Obligation to state reasons - Time-limit for the adoption of a decision - Determination of financial corrections - Article H(2) of Annex II to Regulation No 1164/94 - Proportionality - Limitation)

2013/C 252/45

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially J. Rodríguez Cárcamo and subsequently A. Rubio González, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and A. Steiblytė, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 3249 of 25 June 2008 concerning the reduction of the assistance granted under the Cohesion Fund to the Kingdom of Spain in respect of Project No 96/11/61/018 — ‘Saneamiento de Zaragoza’ by Commission Decision C(96) 2095 of 26 July 1996

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 156/37

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

(Case T-451/08) (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 - Article 151(4) EC - Cultural diversity)

2013/C 156/65

Language of the case: English

Parties

Applicant: Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim) (Stockholm, Sweden) (represented by: C. Thomas, Solicitor, and N. Pourbaix, lawyer)

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

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. Dismisses the action;

2. Orders Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim) to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 46/38

Judgment of the General Court of 12 December 2014 — Hansen & Rosenthal and H & R Wax Company Vertrieb v Commission

(Case T-544/08) (1)

((Competition - Agreements - Paraffin waxes market - Decision finding an infringement of Article 81 EC - Price fixing - Proof of the infringement - 2006 Guidelines for calculating the amount of fines - Rights of the defence - Calculation of the value of sales - Gravity of the infringement - No retroactivity - Equal treatment - Proportionality))

(2015/C 046/44)

Language of the case: German

Parties

Applicants: Hansen & Rosenthal KG (Hamburg, Germany); and H & R Wax Company Vertrieb GmbH (Hamburg) (represented by: J. Schulte, A. Lober and M. Dallmann, lawyers)

Defendant: European Commission (represented by: A. Antoniadis and R. Sauer, Agents)

Re:

Primarily, application for annulment of Commission Decision C (2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes), in that it concerns the applicants, and, in the alternative, an application for a reduction of the amount of the fine imposed on them.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Hansen & Rosenthal KG and H & R Wax Company Vertrieb GmbH to bear their own costs and those incurred by the European Commission.

(1) OJ C 55, 7.3.2009.