ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 112/27

Judgment of the General Court of 28 February 2014 — Genebre v OHIM — General Electric (GE)

(Case T-520/11) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark GE - Earlier national word mark GE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 112/35

Language of the case: Spanish

Parties

Applicant: Genebre, SA (Hospitalet de Llobregat, Spain) (represented by: D. Pellisé Urquiza, 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: General Electric Company (Schenectady, United States) (represented by: S. Malynicz, Barrister, initially, then E. Armijo Chávarri, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 July 2011 (Case R 20/2009-4), relating to opposition proceedings between General Electric Company and Genebre SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Genebre SA to pay the costs.

(1) OJ C 13, 14.1.2012.
2)

annuls, in so far as the acts concern Mr Samir Hassan: — Council Implementing Decision 2011/515/CFSP of 23 August 2011 implementing Decision 2011/273/CFSP concerning restrictive measures against Syria; — Council Implementing Regulation (EU) No 843/2011 of 23 August 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria; — Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP; — Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011; — Council Implementing Decision 2013/185/CFSP of 22 April 2013 implementing Decision 2012/739/CFSP; — Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012; — Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria.
EN Official Journal of the European Union C 212/23

Judgment of the General Court of 21 May 2014 — Catinis v Commission

(Case T-447/11) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an OLAF investigation concerning the implementation of a project for the modernisation of infrastructure in Syria - Access refused - Exception concerning the protection of the purpose of inspections, investigations and audits))

2014/C 212/27

Language of the case: English

Parties

Applicant: Lian Catinis (Damascus, Syria) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: J.-P. Keppenne and F. Clotuche Duvieusart, acting as Agents)

Re:

Application for annulment of the decision of the European Anti-Fraud Office (OLAF) of 10 June 2011 refusing, first, to grant the purported request to close OLAF’s investigation concerning a project for the modernisation of infrastructure in Syria and, second, to grant access to certain documents in the file relating to that investigation.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Mr Lian Catinis to pay the costs.

(1) OJ C 298, 8.10. 011.
EN Official Journal of the European Union C 448/17

Judgment of the General Court of 6 November 2014 — Greece v Commission

(Case T-632/11) (1)

((EAGGF - ‘Guarantee’ Section - EAGF and EAFRD - Expenditure excluded from financing - Regulation (EC) No 1782/2003 - Single payment entitlements scheme - Loyal cooperation - Fairness - Proportionality - National reserve - Award criteria - Flat-rate financial correction - Risk for the Fund - Regulation (EC) No 1493/1999 - Wine sector - Distillation schemes and schemes for payments for the use of certain musts - Aid for restructuring and for the conversion of vineyards))

(2014/C 448/22)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias and S. Papaïoannou, Agents)

Defendant: European Commission (represented by: D. Triantafyllou and A. Marcoulli, Agents)

Re:

Application for annulment of Commission Implementing Decision 2011/689/EU of 14 October 2011 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2011 L 270, p. 33), in so far as that decision concerns the Hellenic Republic.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision 2011/689/EU of 14 October 2011 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it imposes a flat-rate correction on the Hellenic Republic relating to the grant of entitlements from the national reserve to new farmers;

2. Dismisses the action as to the remainder;

3. Declares that the European Commission and the Hellenic Republic are to bear their own costs.

(1) OJ C 39, 11.2.2012.
Judgment of the General Court of 26 September 2014 — Royal Scandinavian Casino Århus v Commission

(Case T-615/11) (1)

((Action for annulment - State aid - Online games - Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms - Decision declaring the aid compatible with the internal market - Aid intended to facilitate the development of certain activities - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility))

(2014/C 395/38)

Language of the case: Danish

Parties

Applicant: Royal Scandinavian Casino Århus I/S (Aarhus, Denmark) (represented by: B. Jacobi, lawyer)

Defendant: European Commission (represented initially by M. Afonso and C. Barslev, subsequently by M. Afonso and L. Grønfeldt, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang, subsequently by V. Pasternak Jørgensen and lastly by C. Thorning, acting as Agents, and K. Lundgaard Hansen, lawyer); Republic of Malta (represented by: P. Grech and A. Buhagiar, acting as Agents); Betfair Group plc (London, United Kingdom) and Betfair International Ltd (Santa Venera, Malta) (represented by: O. Brouwer and A. Pliego Selie, lawyers); European Gaming and Betting Association (EGBA) (Brussels, Belgium) (represented by: C.-D. Ehlermann, J. C. Heithecker and J. Ylinen, lawyers)

Re:

Application for annulment of Commission Decision 2012/140/EU of 20 September 2011 on the measure C 35/10 (ex N 302/10) which Denmark is planning to implement in the form of duties for online gambling in the Danish Gaming Duties Act (OJ 2012 L 69, p. 3).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Royal Scandinavian Casino Århus I/S, in addition to bearing its own costs, to pay those incurred by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA).

3. Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.

(1) OJ C 32, 4.2.2012.
1)

Annuls Council Decision 2011/357/CFSP of 20 June 2011, amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, Council Regulation (EU) No 588/2011 of 20 June 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus and Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, in so far as those acts concern Sport-pari ZAO;
Official Journal of the European Union

Judgment of the General Court of 27 November 2014 — Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Ripassa ZENATO)

(Case T-154/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Ripassa ZENATO - Earlier national word mark RIPASSO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2015/C 016/46)

Language of the case: Italian

Parties

Applicant: Cantina Broglie 1 Srl (Peschiera del Garda, Italy) (represented by: A. Rizzoli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Verona, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 December 2010 (Case R 700/2010–2) concerning opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Zenato Azienda Vitivinicola Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cantina Broglie 1 Srl to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 198/27

Judgment of the General Court of 29 April 2015 — Staelen v Ombudsman

(Case T-217/11) (1)

((Non-contractual liability - Treatment by the Ombudsman of a complaint concerning the improper management of the list of suitable candidates for a general competition - Investigatory powers - Due diligence - Loss of opportunity - Non-pecuniary damage))

(2015/C 198/35)

Language of the case: French

Parties

Applicant: Claire Staelen (Bridel, Luxembourg) (represented initially by L. Levi, M. Vandenbussche and A. Blot, subsequently by F. Wies and A. Hertzog and lastly by V. Olona, lawyers)

Defendant: European Ombudsman (represented by: G. Grill, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Action for damages seeking to obtain compensation for harm allegedly suffered by the applicant as a result of the approach taken by the European Ombudsman in the treatment of her complaint concerning the improper management of the list of suitable candidates for General Competition EUR/A/151/98, on which she appeared as a successful candidate.

Operative part of the judgment

The Court:

1. Orders the European Ombudsman to pay compensation of EUR 7 000 to Ms Claire Staelen;

2. Dismisses the action as to the remainder;

3. Orders the Ombudsman to bear half of his own costs and to pay half of those of Ms Staelen;

4. Orders Ms Staelen to bear half of her own costs and to pay half of those of the Ombudsman.

(1) OJ C 204, 9.7.2011.
EN Official Journal of the European Union C 96/11

Judgment of the General Court of 11 February 2015 — Spain v Commission

(Case T-204/11) (1)

((Consumer protection - Regulation (EU) No 15/2011 - Methods for the detection of lipophilic toxins in bivalve molluscs - Replacement of the mouse bioassay method by the liquid chromatography-mass spectrometry (LC-MS/MS) method - Article 168 TFEU - Proportionality - Legitimate expectations))

(2015/C 096/12)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially M. Muñoz Pérez, subsequently S. Martínez-Lage Sobredo and lastly A. Rubio González, lawyers)

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

Re:

Application for annulment of Commission Regulation (EU) No 15/2011 of 10 January 2011 amending Regulation (EC) No 2074/2005 as regards recognised testing methods for detecting marine biotoxins in live bivalve molluscs (OJ 2011 L 6, p. 3).

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 160, 28.5.2011.
EN Official Journal of the European Union C 48/30

Judgment of the General Court of 16 December 2015 — Koninklijke Luchtvaart Maatschappij v Commission

(Case T-28/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/34)

Language of the case: English

Parties

Applicant: Koninklijke Luchtvaart Maatschappij NV (Amstelveen, Netherlands) (represented by: M. Smeets, lawyer)

Defendant: European Commission (represented initially by S. Noë, N. von Lingen and C. Giolito, and subsequently by S. Noë, C. Giolito and A. Dawes, acting as Agents, and by B. Doherty, Barrister)

Re:

Application, principally, for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicant, and, in the alternative, for a reduction in the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Koninklijke Luchtvaart Maatschappij NV;

2. Orders the European Commission to bear its own costs and to pay those of Koninklijke Luchtvaart Maatschappij.

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 279/28

Judgment of the General Court of 6 July 2015 — Italian Republic v Commission

(Case T-44/11) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Aid for the production of skimmed-milk powder - Irregularities or negligence attributable to administrative authorities or bodies of the Member States - Proportionality - Obligation to state reasons - Principle of ne bis in idem - Reasonable period))

(2015/C 279/34)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by L. Ventrella and G. Fiengo, avvocati dello Stato)

Defendant: European Commission (represented by: P. Rossi and D. Nardi, acting as Agents)

Re:

Application for partial annulment of Commission Decision 2010/668/EU of 4 November 2010 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ L 288, p. 24), to the extent that it excludes certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 80, 12.3.2011.
Official Journal of the European Union

Judgment of the General Court of 15 November 2018 — Sigma Alimentos Exterior v Commission

(Case T-239/11) (1)

((State aid - Corporate income tax provisions allowing companies domiciled in Spain to amortise the goodwill resulting from acquisitions of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Differential treatment - Justification of differential treatment))

(2019/C 25/43)

Language of the case: Spanish

Parties

Applicant: Sigma Alimentos Exterior, SL (Madrid, Spain) (represented initially by A. Morillo Méndez and M. Ferre Navarrete, and subsequently by A. Morillo Méndez, J. Igual Gorgonio and C. Cañizares Pacheco, lawyers.)

Defendant: European Commission (represented initially by R. Lyal, C. Urraca Caviedes and P. Němečková and subsequently by Lyal and C. Urraca Caviedes, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 135, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Sigma Alimentos Exterior, SL to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 204, 9.7.2011.
EN Official Journal of the European Union C 59/12

Judgment of the General Court of 17 December 2015 — Orange Polska v Commission

(Case T-486/11) (1)

((Competition - Abuse of dominant position - Polish telecommunications market - Decision establishing an infringement of Article 102 TFEU - Conditions imposed by the incumbent operator for allowing paid access for new operators to the network and to wholesale broadband access services - Legitimate interest in finding that an infringement was committed - Fines - Obligation to state reasons - Gravity of the infringement - Mitigating circumstances - Proportionality - Unlimited jurisdiction - 2006 Guidelines on the method of setting fines))

(2016/C 059/11)

Language of the case: English

Parties

Applicant: Orange Polska S.A. formerly Telekomunikacja Polska S.A. (Warsaw, Poland) (represented: initially by M. Modzelewska de Raad, P. Paśnik, S. Hautbourg, lawyers, A. Howard, Barrister, and C. Vajda QC, and subsequently by M. Modzelewska de Raad, P. Paśnik, S. Hautbourg, A. Howard and D. Beard QC)

Defendant: European Commission (represented: initially by B. Gencarelli, K. Mojzesowicz and G. Koleva, and subsequently by K. Mojzesowicz, G. Koleva and M. Malferrari and finally by G. Koleva, M. Malferrari, É. Gippini Fournier and J. Szczodrowski, Agents)

Interveners in support of the applicant: Polska Izba Informatyki i Telekomunikacji (Warsaw, Poland) (represented: P. Rosiak and K. Karasiewicz, lawyers)

Intervener in support of the defendant: European Competitive Telecommunications Association (represented: initially by P. Alexiadis and J. MacKenzie, and subsequently by J. MacKenzie, Solicitors)

Re:

Application for the full or partial annulment of Commission Decision C(2011) 4378 final of 22 June 2011 relating to a proceeding under Article 102 TFEU (Case COMP/39.525 — Telekomunikacja Polska) and for a reduction of the fine imposed by the Commission in Article 2 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Orange Polska S.A. to bear its own costs and to pay those of the European Commission;

3. Orders Polska Izba Informatyki i Telekomunikacji and the European Competitive Telecommunications Association to bear their own costs.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 379/24

Judgment of the General Court of 26 October 2012 — Oil Turbo Compressor Co. v Council

(Case T-63/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Obligation to state the reasons on which the decision is based)

2012/C 379/41

Language of the case: German

Parties

Applicant: Oil Turbo Compressor Co. (Private Joint Stock) (Teheran, Iran) (represented by: K. Kleinschmidt, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and Z. Kupčová)

Re:

Application for annulment of Council Decision 2011/783/CFSP OJ 1 December 2011 amending Decision 2010/413/CFSP on restrictive measures against Iran (OJ 2011 L 319, p. 71), to the extent that it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2011/783/CFSP OJ 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it concerns Oil Turbo Compressor Co. (Private Joint Stock);

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Oil Turbo Compressor.

(1) OJ C 98, 31.3.2012.
EN Official Journal of the European Union C 225/76

Judgment of the General Court of 6 June 2013 — Interroll v OHIM (Inspired by efficiency)

(Case T-126/12) (1)

(Community trade mark - Application for Community word mark Inspired by efficiency - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/169

Language of the case: German

Parties

Applicant: Interroll (Sant’ Antonino, Switzerland) (represented by: R. Böhm and N. Ehlers, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 1280/2011-1) concerning an application for registration of word sign Inspired by efficiency as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Interroll Holding AG to pay the costs.

(1) OJ C 157, 2.6.2012.
EN Official Journal of the European Union C 114/34

Judgment of the General Court of 7 March 2013 — Di Tullio v Commission

(Case T-39/12 P) (1)

(Appeal - Civil Service - Members of the temporary staff - Leave for national service - Article 18, first indent, of the Conditions of Employment - Temporal effects of a judgment)

2013/C 114/55

Language of the case: French

Parties

Appellant: Roberto di Tullio (Rovigo, Italy) (represented by: initially by S. Woog and T. Bontinck, and subsequently by T. Bontinck, lawyers)

Other party to the proceedings: European Commission (represented by: J. Currall and V. Joris, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal (Third Chamber) of 29 November 2011 in Case F-119/10 Di Tullio v Commission [2011] ECR-SC I-A-0000 and II-A-1-0000, and seeking to have that judgment set aside

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Roberto Di Tullio to bear his own costs and to pay those incurred by the European Commission in the context of the present proceedings.

(1) OJ C 109, 14.4.2012.