ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 340/16

Judgment of the General Court of 6 October 2011 — Bang & Olufsen v OHIM (Representation of a loudspeaker)

(Case T-508/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Representation of a loudspeaker - Compliance by OHIM with a judgment annulling a decision of one of its Boards of Appeal - Article 63(6) of Regulation (EC) No 40/94 (now Article 65(6) of Regulation (EC) No 207/2009) - Absolute ground for refusal - Sign which consists exclusively of the shape which gives substantial value to the goods - Article 7(1)(e)(iii) of Regulation No 40/94 (now Article 7(1)(e)(iii) of Regulation No 207/2009))

2011/C 340/31

Language of the case: English

Parties

Applicant: Bang & Olufsen A/S (Struer, Denmark) (represented: initially by K. Wallberg and subsequently by J. Glaesel, lawyers)

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

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 10 September 2008 (Case R 497/2005-1), concerning an application to register a three-dimensional sign representing a loudspeaker as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bang & Olufsen A/S to pay the costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 319/13

Judgment of the General Court of 20 September 2011 — Regione autonoma della Sardegna and others v Commission

(Joined Cases T-394/08, T-408/08, T-453/08 and T-454/08) (1)

(State aids - Aid in favour of the hotel industry in the Region of Sardinia - Decision declaring the aid partly compatible and partly incompatible with the common market and ordering its recovery - New aid - Obligation to state reasons - Protection of legitimate expectations - Incentive effect - De minimis rule)

2011/C 319/24

Language of the case: Italian

Parties

Applicant: Regione autonoma della Sardegna (Italy) (represented by: A. Fantozzi, P. Carrozza and G. Mameli, lawyers) (Case T-394/08); SF Turistico Immobiliare Srl (Orosei, Italy) (represented by: L. Marcialis, lawyer) (T-408/08); Timsas Srl (Arezzo, Italy) (represented by: D. Dodaro, S. Pinna and S. Cianciullo, lawyers) (T-453/08); and Grand Hotel Abi D’Oru SpA (Olbia) (represented by: D. Dodaro, S. Cianciullo, and R. Masuri, lawyers) (T-454/08)

Defendant: European Commission (represented by: in Cases T-394/08 and T-454/08 E. Righini, D. Grespan and C. Urraca Caviedes; in Case T-408/08 E. Righini and D. Grespan; and in Case T-453/08 D. Grespan and C. Urraca Caviedes, agents)

Interveners in support of the applicant in Case T-394/08: Selene di Alessandra Cannas Sas (Cagliari, Italy); HGA Srl (Golfo Aranci, Italy); Gimar Srl (Sassari, Italy); Coghene Costruzioni Srl (Alghero, Italy); Camping Pini e Mare di Cogoni Franco & C. Sas (Quartu Sant’Elena, Italy); Immobiliare 92 Srl (Arzachena, Italy); Gardena Srl (Santa Teresa di Gallura, Italy); Hotel Stella 2000 Srl (Olbia, Italy); Vadis Srl (Valledoria, Italy); Macpep Srl (Sorso, Italy); San Marco SRl, (Alghero); Due Lune SpA (Milan, Italy); Nicos Residence Srl (Santa Teresa di Gallura); Rosa Murgese (Iglesias, Italy); Mavi Srl (Arzachena); Hotel Mistral di Bruno Madeddu & C. Sas (Alghero); L’Esagono di Mario Azara & C. Snc (San Teodoro, Italy); Le Buganville di Cogoni Giuseppe & C. Snc (Villasimius, Italy); and Le Dune di Stefanelli Vincenzo & C. Snc (Arbus, Italy) (represented by: G. Dore, F. Cuilli and A. Vinci, lawyers)

Re:

Application for annulment of Commission Decision 2008/854/EC of 2 July 2008 on a State aid scheme (C 1/04 (ex NN 158/03 and CP 15/2003)): Misuse of aid measure N 272/98, Regional Act No 9 of 1998 (OJ 2008 L 302, p. 9), by which the Regione autonoma della Sardegna gave grants towards initial investment in the hotel industry in Sardinia.

Operative part of the judgment

The Court:

1. Joins Cases T-394/08, T-408/08, T-453/08 and T-454/08 for the purposes of judgment;

2. Dismisses the actions;

3. Orders the applicants to pay the Commission’s costs, excluding those incurred by it as a result of its intervention, and their own costs;

4. Orders the interveners in Case T-394/08 to bear the Commission’s costs relating to the intervention and their own costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 80/15

Judgment of the General Court of 2 February 2012 — EI du Pont de Nemours and Others v Commission

(Case T-76/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Imputability of the unlawful conduct - Joint venture - Guidelines on the method of setting fines - Mitigating circumstances - Cooperation)

2012/C 80/21

Language of the case: English

Parties

Applicants: EI du Pont de Nemours and Company (Wilmington, Delaware, United States); DuPont Performance Elastomers LLC (Wilmington); and DuPont Performance Elastomers SA (Grand-Saconnex, Switzerland) (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)

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

Re:

APPLICATION for, first, annulment of Articles 1 and 2 of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in that they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders EI du Pont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA to pay the costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 370/22

Judgment of the General Court of 8 November 2011 — Walton v Commission

(Case T-37/08) (1)

(Implementation of the budget - Recovery - Offsetting of amounts receivable - Retroactive effect - Judgment of the General Court ordering the Commission to pay damages and interest - Amount receivable to be certain, of a fixed amount and due)

2011/C 370/35

Language of the case: English

Parties

Applicant: Robert Walton (Oxford, United Kingdom) (represented by: D. Beard, Barrister)

Defendant: European Commission (represented by: J. Currall, acting as Agent)

Re:

Action for annulment of the Commission Decision of 16 November 2007 to recover by offsetting the sum of EUR 36 551,58 due to it by the applicant.

Operative part of the judgment

The Court:

1. Annuls the Commission decision of 16 November 2007 to the extent that it includes interest incurred after 12 July 2007 in the amounts offset;

2. Orders each party to bear its own costs.

(1) OJ C 92, 12.4.2008.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 –Germany v Commission

(Case T-265/08) (1)

(ERDF - Reduction of financial assistance - Operational programme falling within Objective 1 (1994-1999), concerning the Land Thüringen (Germany))

(2012/C 331/28)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma, T. Henze, C. Blaschke and K. Petersen, acting as Agents, assisted by U. Karpenstein, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and B. Conte, acting as Agents)

Interveners in support of the applicant: Kingdom of Spain (represented: initially by J.M. Rodríguez Cárcamo, subsequently by N. Díaz Abad and J.M. Rodríguez Cárcamo, and finally by A. Rubio González, acting as Agents), French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents), Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, B. Koopman, M. Bulterman and J. Langer, acting as Agents)

Re:

Action for annulment of Commission Decision C(2008) 1690 final of 30 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) to the Operational Programme in the Objective 1 area of Land Thüringen (Germany) (1994-1999), in accordance with Commission Decision C(94)1939/5 of 5 August 1994

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 138/14

Judgment of the General Court of 28 March 2012 — Rehbein v OHIM — Dias Martinho (OUTBURST)

(Case T-214/08) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark OUTBURST - Earlier national word mark OUTBURST - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Production of evidence for the first time before the Board of Appeal - Article 74(2) of Regulation No 40/94 (now Article 76(2) of Regulation No 207/2009) - Rule 22(2) of Regulation (EC) No 2868/95)

2012/C 138/23

Language of the case: English

Parties

Applicant: Paul Alfons Rehbein (GmbH & Co.) KG (Glinde, Germany) (represented by: T. Lampel, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Hervé Dias Martinho and Manuel Carlos Dias Martinho (Le Plessis-Trévise, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 March 2008 (Case R 1261/2007-2) concerning opposition proceedings between, on the one hand, Paul Alfons Rehbein (GmbH & Co.) KG and, on the other hand, Hervé Dias Martinho and Manuel Carlos Dias Martinho.

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 13 March 2008 (Case R 1261/2007-2);

2. Orders OHIM to pay the costs.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 156/36

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

(Case T-433/08) (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 156/62

Language of the case: Italian

Parties

Applicant: Società italiana degli autori ed editori (SIAE) (Rome, Italy) (represented by: M. Siragusa, L. Vullo and S. Valentino, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and F. Castillo de la Torre, 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. 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 Società italiana degli autori ed editori (SIAE);

2. Annuls Article 4(2) of Commission Decision C(2008) 3435 final as regards SIAE;

3. Dismisses the remainder of the action;

4. Orders the European Commission to pay the costs relating to the main proceedings;

5. Orders SIAE and the Commission to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 101/15

Judgment of the General Court of 7 February 2013 — Acron and Dorogobuzh v Council

(Case T-235/08) (1)

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

2013/C 101/32

Language of the case: English

Parties

Applicants: Acron OAO (Moscow, Russia); and Dorogobuzh OAO (Moscow) (represented: initially by P. Vander Schueren and subsequently by B. Evtimov, lawyers, and by 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 K Talabér Ritz, 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 236/2008 of 10 March 2008 concerning terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ 2008 L 75, p.1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Acron OAO and Dorogobuzh OAO to bear their 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 209, 15.8.2008.
EN Official Journal of the European Union C 313/15

Judgment of the General Court of 12 September 2013 — Italy v Commission

(Case T-142/08) (1)

(Languages - Notices of open competition for the recruitment of administrators and assistants - Full publication in three official languages - Information concerning the notices of open competitions - Publication in all official languages - Language of the tests - Choice of second language from three official languages)

2013/C 313/26

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented initially by: F. Díez Moreno, and subsequently by: N. Díaz Abad and J. García-Valdecasas Dorrego, abogados del Estado)

Re:

Application for annulment of Notice of open competitions EPSO/AD/116/08 and EPSO/AD/117/08 to constitute a reserve list of Administrators (AD8) and Principal Administrators (AD11) in the field of fraud prevention and Notice of open competition EPSO/AST/45/08 to constitute a reserve list of Assistants (AST4) in the field of fraud prevention (OJ 2008 C16A, pp. 1 and 16 respectively) on the ground that they were published in French, English and German only.

Operative part of the judgment

The Court:

1. Annuls the notices of open competitions EPSO/AD/116/08 and EPSO/AD/117/08 to constitute a reserve list of Administrators (AD8) and Principal Administrators (AD11) in the field of fraud prevention and EPSO/AST/45/08 to constitute a reserve list of Assistants (AST4) in the same field, published in the English, French and German versions of the Official Journal of the European Union on 23 January 2008;

2. Orders the Kingdom of Spain, the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 156/35

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

(Case T-432/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to the 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 practice excluding the possibility of granting multi-territorial, multi-repertoire licences - Evidence - Presumption of innocence)

2013/C 156/61

Language of the case: German

Parties

Applicant: Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger reg. Gen. mbH (AKM) (Vienna, Austria) (represented by: H. Wollmann and F. Urlesberger, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Antoniadis and O. Weber, agents)

Intervener in support of the applicant: Republic of Austira (represented by: G. Hesse, C. Pesendorfer, E. Riedl, M. Fruhmann and A. Posch, 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 of the EC Treaty 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 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC) in so far as it concerns Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger reg. Gen. mbH (AKM);

2. Annuls Article 4 of Decision C(2008) 3435 final, to the extent that it refers to Article 3 thereof, in so far as it concerns AKM;

3. Dismisses the action as to the remainder;

4. Orders the Commission to bear its own costs and to pay one half of those incurred by AKM;

5. Orders AKM to bear one half of its own costs;

6. Orders the Republic of Austria to bear its own costs.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 46/40

Judgment of the General Court of 12 December 2014 — Eni v Commission

(Case T-558/08) (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 - Equal treatment - Aggravating circumstances - Repeated infringement - Obligation to state reasons - Attenuating circumstances - Substantially reduced participation - Infringement committed by negligence - Rights of the defence - Unlimited jurisdiction))

(2015/C 046/47)

Language of the case: Italian

Parties

Applicant: Eni SpA (Rome, Italy) (represented by: M. Siragusa, D. Durante, G. Rizza, S. Valentino and L. Bellia, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and V. Di Bucci, Agents)

Re:

Principally, an 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), and, in the alternative, an application for annulment or reduction of the amount of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Eni SpA in Article 2 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) at EUR 1 8 2 00 000;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear half of its own costs and half of the costs incurred by Eni. Eni shall bear half of its own costs and half of those incurred by the European Commission.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 39/15

Judgment of the General Court of 12 December 2013 — Berliner Institut für Vergleichende Sozialforschung v Commission

(Case T-171/08) (1)

(European Refugee Fund - Action to raise awareness and disseminate information concerning refugees who are victims of psychological trauma - ‘Traumatised refugees in the European Union: institutions, protection mechanisms and good practice’ project - Payment of the balance - Obligation to state reasons - Principle of sound administration - Error of assessment)

2014/C 39/24

Language of the case: German

Parties

Applicant: Berliner Institut für Vergleichende Sozialforschung eV (Berlin, Germany) (represented by: initially U. Claus, then C. Otto, S. Reichmann and L.-J. Schmidt, lawyers)

Defendant: European Commission (represented by: initially S. Grünheid and B. Simon, then S. Grünheid, acting as Agents)

Re:

Application for annulment of the Commission decision, enclosed in the letter of 7 March 2008, concerning the Commission’s partial non-recognition of the costs incurred by the applicant in the context of Grant Agreement JAI/2004/ERF/073 relating to Community financing of an action to raise awareness and disseminate information concerning refugees who are victims of psychological trauma.

Operative part of the judgment

The Court:

1. Dismissses the application;

2. Orders the Berliner Institut für Vergleichende Sozialforschung eV to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 234/35

Judgment of the General Court of 8 July 2010 — Sevenier v Commission

(Case T-368/09 P) (1)

(Appeal - Civil service - Officials - Resignation - Commission’s refusal to accept the withdrawal of the resignation and refer the matter to the invalidity committee - Time-limit for complaint - Lateness - No excusable error)

2010/C 234/62

Language of the case: French

Parties

Appellant: Roberto Sevenier (Paris, France) (represented by: É. Boigelot and L. Defalque, lawyers)

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Appeal against the order of 8 July 2009 of the European Union Civil Service Tribunal (Third Chamber) in Case F-62/08 Sevenier v Commission (not yet published in the ECR) to have that order set aside

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Roberto Sevenier to bear his own costs and to pay those incurred by the European Commission on the appeal.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 134/33

Judgment of the General Court of 24 March 2010 — Eliza v OHIM — Went Computing Consultancy Group (eliza)

(Case T-130/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark incorporating the word eliza - Earlier Community word mark ELISE - Relative grounds for refusal - Likelihood of confusion - Refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 134/56

Language of the case: English

Parties

Applicant: Eliza Corporation (Beverly, United States) (represented by: R. Köbbing, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Went Computing Consultancy Group BV (Utrecht, Netherlands) (represented by: A. Meijboom, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1244/2008-4) relating to opposition proceedings between Went Computing Consultancy Group BV and Eliza Corp.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Eliza Corporation to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Went Computing Consultancy Group BV.

(1) OJ C 153, 4.7.2009.