ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 184/9

Judgment of the General Court of 4 May 2012 — In ’t Veld v Council

(Case T-529/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Opinion of the Council’s Legal Service on a recommendation from the Commission to authorise the opening of negotiations for an international agreement - Partial refusal to grant access - Exception relating to the protection of the public interest in the field of international relations - Exception relating to the protection of legal advice - Specific and foreseeable threat to the interest in question - Overriding public interest)

2012/C 184/14

Language of the case: English

Parties

Applicant: Sophie in ’t Veld (Brussels (Belgium)) (represented by: O. Brouwer and J. Blockx, lawyers)

Defendant: Council of the European Union (represented by: initially by M. Bauer, C. Fekete and O. Petersen, and subsequently by M. Bauer and C. Fekete, acting as Agents)

Intervener in support of the defendant: European Commission, (represented by: C. O’Reilly and P. Costa de Oliveira, acting as Agents)

Re:

Application for annulment of the Council’s decision of 29 October 2009 refusing full access to document 11897/09 of 9 July 2009 containing an opinion of the Council’s Legal Service entitled ‘Recommendation from the Commission to the Council to authorise the opening of negotiations between the European Union and the United States of America for an international agreement to make available to the United States Treasury Department financial messaging data to prevent and combat terrorism and terrorist financing — Legal basis’.

Operative part of the judgment

The Court:

1. Annuls the Council’s decision of 29 October 2009 insofar as it refuses access to the undisclosed parts of document 11897/09 other than those which concern the specific content of the envisaged agreement or the negotiating directives;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 80/16

Judgment of the General Court of 2 February 2012 — skytron energy v OHIM (arraybox)

(Case T-321/09) (1)

(Community trade mark - Application for Community word mark arraybox - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2012/C 80/24

Language of the case: German

Parties

Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by: H.J. Omsels and C. Danziger, lawyers)

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 First Board of Appeal of OHIM of 4 June 2009 (Case R 1680/2008-1) concerning an application for registration of the word sign arraybox as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders skytron energy GmbH & Co. KG to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 258/16

Judgment of the General Court of 12 July 2012 — Aiello v OHIM — Cantoni ITC (100 % Capri)

(Case T-279/09) (1)

(Community trade mark - Opposition proceedings - Notification of the opposing party’s pleading before the Board of Appeal - Rules 50(1), 20(2) and 67(1) of Regulation (EC) No 2868/95 - Rights of the defence)

2012/C 258/26

Language of the case: Italian

Parties

Applicant: Antonino Aiello (Vico Equense, Italy) (represented by: M. Coccia and L. Pardo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Cantoni ITC SpA (Milan, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 April 2009 (Case R 1148/2008-1), relating to opposition proceedings between Cantoni ITC SpA and Antonino Aiello.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 April 2009 (Case R 1148/2008-1);

2. Orders OHIM to pay the costs.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 227/17

Judgment of the General Court of 18 June 2012 — Biofrescos v Commission

(Case T-159/09) (1)

(Customs union - Frozen shrimps and prawns from Indonesia - Invalid certificates of origin - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)

2012/C 227/23

Language of the case: Portuguese

Parties

Applicant: Biofrescos — Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. de Magalhães Menezes, lawyer)

Defendant: European Commission (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 72 final of 16 January 2009 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Biofrescos — Comércio de Produtos Alimentares, Lda to pay the costs.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 366/30

Judgment of the General Court of 10 October 2012 — Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council

(Case T-172/09) (1)

(Dumping - Imports of certain iron or steel fasteners originating in China - Support of the complaint by the Community industry - Definition of the product concerned - Injury - Market economy treatment - Costs of major inputs substantially reflecting market values - Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009))

2012/C 366/57

Language of the case: English

Parties

Applicants: Gem-Year Industrial Co. Ltd (Zhejiang, China) and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd (Zhejiang) (represented: initially by K. Adamantopoulos and Y. Melin, and subsequently by Melin, V. Akritidis and F. Crespo, lawyers)

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

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents) and European Industrial Fasteners Institute AISBL (EIFI) (Brussels, Belgium) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by J. Bourgeois, lawyers)

Re:

Application for the annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (OJ 2009 L 29, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gem-Year Industrial Co. Ltd and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;

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

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 343/12

Judgment of the General Court of 26 September 2012 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER)

(Case T-265/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LE LANCIER - Earlier national word and figurative marks EL LANCERO - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Opposition dismissed)

2012/C 343/16

Language of the case: Dutch

Parties

Applicant: Enrique Serrano Aranda (Murcia, Spain) (represented: initially by J. Calderón Chavero and T. Villate Consonni, then J. Calderón Chavero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by W. Verberg and S. Bonne, then S. Bonne, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Burg Groep BV (Bergen, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2009 (Case R 366/2008-1), relating to opposition proceedings between Mr Enrique Serrano Aranda and Burg Groep BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Enrique Serrano Aranda to pay the costs.

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 189/16

Judgment of the General Court of 17 May 2013 — Trelleborg Industrie and Trelleborg v Commission

(Joined Cases T-147/09 and T-148/09) (1)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Concept of continuing or repeated infringement - Limitation period - Legal certainty - Equal treatment - Fines - Gravity and duration of the infringement)

2013/C 189/30

Language of the case: English

Parties

Applicants: Trelleborg Industrie SAS (Clermont-Ferrand, France) (Case T-147/09); and Trelleborg AB (Trelleborg, Sweden) (Case T-148/09) (represented by: J. Joshua, Barrister, and E. Aliende Rodríguez, lawyer)

Defendant: European Commission (represented by: N. Khan, V. Bottka and S. Noë, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

The Court:

1. Annuls Article 1(g) and (h) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as it applies to the period from 13 May 1997 to 21 June 1999;

2. Dismisses the actions as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 32/16

Judgment of the General Court of 12 December 2012 — Ecka Granulate and non ferrum Metallpulver v European Commission

(Case T-400/09) (1)

(Competition - Cartels - Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Fines - Principle of the legality of criminal offences and penalties - 2006 guidelines for the calculation of the amount of fines - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Ability to pay)

2013/C 32/24

Language of the case: German

Parties

Applicants: Ecka Granulate GmbH & Co. KG (Fürth, Germany); non ferrum Metallpulver GmbH & Co. KG (St. Georgen bei Salzburg, Austria) (represented initially by: H. Janssen and M. Franz, and subsequently by: H. Janssen and P. Homann, lawyers)

Defendant: European Commission (represented by: A. Antoniadis, K. Mojzesowicz and N. von Lingen, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and G. Kimberley, acting as Agents)

Re:

Action for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicants and, in the alternative, reduction of the fine imposed on the applicants in that decision

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ecka Granulate GmbH & Co. KG and non ferrum Metallpulver GmbH & Co. KG to pay the costs incurred by the European Commission and to bear their own costs;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 325/20

Judgment of the General Court of 16 September 2013 — British Telecommunications and BT Pension Scheme Trustees v Commission

(Joined Cases T-226/09 and T-230/09) (1)

(State aid - Partial exemption from the obligation to contribute to the Pension Protection Fund - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - Advantage - Selective nature - Adverse effect on competition - Effect on trade between Member States - Equal treatment - Proportionality - Legitimate expectations - Obligation to state reasons - Putting into effect of the aid)

2013/C 325/33

Language of the case: English

Parties

Applicants: British Telecommunications (London, United Kingdom) (represented by: G. Robert, M. Newhouse and T. Castorina, Solicitors, and by J. Holmes, Barrister, and H. Legge QC) (Case T-226/09) and BT Pension Scheme Trustees Ltd (London) (represented by: J. Derenne and A. Müller-Rappard, lawyers) (Case T-230/09)

Defendant: European Commission (represented by: L. Flynn and N. Khan, acting as Agents)

Re:

Application for annulment of Commission Decision 2009/703/EC of 11 February 2009 concerning the State aid C-55/2007 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Public guarantee in favour of [British Telecommunications] (OJ 2009 L 242, p. 21).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. In Case T-226/09, orders British Telecommunications plc to pay the costs;

3. In Case T-230/09, orders BT Pension Scheme Trustees Ltd to pay the costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 190/8

Judgment of the General Court of 22 April 2015 — Planet v Commission

(Case T-320/09) (1)

((Protection of the financial interests of the Union - Early warning system (EWS) enabling identification of the level of risk associated with contractors - OLAF enquiry into the performance of a public contract concerning an institutional modernisation project in Syria - Decisions to activate W1a and W1b warnings - Legal basis - Fundamental rights - Obligation to state reasons))

(2015/C 190/08)

Language of the case: Greek

Parties

Applicant: Planet AE Anonymi Etairia Parochis Simvouleftikon Ipiresion (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission (represented by: D. Triantafyllou and F. Dintilhac, Agents)

Re:

Application for annulment of the decisions of the European Anti-Fraud Office (OLAF) requesting the applicant’s registration in the early warning system (‘EWS’), by activation initially of a W1a warning and subsequently of a W1b warning.

Operative part of the judgment

The Court:

1. Annuls the decisions of the European Anti-Fraud Office (OLAF) requesting the registration of Planet AE Anonymi Etairia Parochis Simvouleftikon Ipiresion in the early warning system (EWS), and those of the European Commission concerning the activation of a W1a warning and a W1b warning concerning that undertaking;

2. Orders the Commission to pay the costs.

(1) OJ C 267, 7.11.2009.
Official Journal of the European Union

Judgment of the General Court of 27 November 2014 — Alstom v Commission

(Case T-517/09) (1)

(Competition - Agreements, decisions and concerted practices - Power transformers market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Effect on trade between Member States - Concept of undertaking - Imputability of the unlawful conduct - Presumption of actual exercise of decisive influence by a parent company over the conduct of the subsidiary - Duty to state reasons)

(2015/C 016/43)

Language of the case: French

Parties

Applicant: Alstom (Levallois-Perret, France) (represented by: J. Derenne and A. Müller-Rappard, lawyers)

Defendant: European Commission (represented initially by: A. Bouquet, N. von Lingen and K. Mojzesowicz, and subsequently by: A. Bouquet, K. Mojzesowicz and P. Van Nuffel, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 7601 final of 7 October 2009, relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.129 — Power transformers).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2009) 7601 final of 7 October 2009, relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.129 — Power transformers), in so far as it concerns Alstom;

2. Orders the European Commission to pay the costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 319/18

Judgment of the General Court of 22 September 2011 — ara v OHIM — Allrounder (A with two rectangular motifs)

(Case T-174/10) (1)

(Community trade mark - Opposition procedure - International registration covering the European Community - Figurative mark A with two triangular motifs - Earlier national word mark A - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 319/36

Language of the case: French

Parties

Applicant: ara AG (Langenfeld, Germany) (represented initially by M. Gial, then by M. Gial and H. Pernez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Allrounder SARL (Sarrebourg, France) (represented by: N. Boespflug, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara AG and Allrounder SARL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ara AG to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 204/22

Judgment of the General Court of 24 May 2011 — Space Beach Club v OHIM — Flores Gómez (SpS space of sound)

(Case T-144/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘SpS space of sound’ - Earlier national and Community figurative marks ‘space ibiza’, ‘space DANCE BARCELONA’, ‘space DANCE MADRID’, ‘space DANCE VALENCIA’, ‘space DANCE MALLORCA’, ‘space DANCE EIVISSA’, ‘space SPACE IBIZA WORLD’, ‘space DANCE’ and earlier national word mark ‘SPACE VIVA’ - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 204/39

Language of the case: Spanish

Parties

Applicant: Space Beach Club, SA (San Jorge, Ibiza, Spain) (represented by: A. I. Alejos Cutili, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. F. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Miguel Ángel Flores Gómez (Madrid, Spain) (represented by: A. J. Vela Ballesteros and B. C. Lamas Begué, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 766/2009-2) concerning opposition proceedings between Space Beach Club, SA and Miguel Ángel Flores Gómez.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Space Beach Club, SA to pay the costs.

(1) OJ C 134, 22.5.2010.
EN Official Journal of the European Union C 355/19

Judgment of the General Court of 25 October 2011 — Microban International and Microban (Europe) v Commission

(Case T-262/10) (1)

(Public health - List of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs - Withdrawal by the original applicant of the application for inclusion of an additive on the list - Commission decision not to include 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the list - Actions for annulment - Admissibility - Regulatory act - Whether directly concerned - No implementing measures - Legal basis)

2011/C 355/33

Language of the case: English

Parties

Applicants: Microban International (Huntersville, North Carolina, United States) and Microban (Europe) Ltd (Cannock, United Kingdom) (represented by: M. Sánchez Rydelski, lawyer)

Defendant: European Commission (represented by: L. Pignataro and T. Scharf, Agents)

Re:

ACTION for annulment of Commission Decision 2010/169/EU of 19 March 2010 concerning the non-inclusion of 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the Union list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs under Directive 2002/72/EC (OJ 2010 L 75, p. 25).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2010/169/EU of 19 March 2010 concerning the non-inclusion of 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the Union list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs under Directive 2002/72/EC.

2. Orders the European Commission to pay its own costs and those incurred by Microban International Ltd and Microban (Europe) Ltd.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 340/18

Judgment of the General Court of 7 July 2011 — Cree v OHIM (TRUEWHITE)

(Case T-208/10) (1)

(Community trade mark - Application for Community word mark TRUEWHITE - Absolute grounds for refusal - Article 7(1)(c) of Regulation No 207/2009 - Descriptive mark)

2011/C 340/36

Language of the case: German

Parties

Applicant: Cree, Inc. (Durham, North Carolina, United States) (represented by: V. Schiller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner, and subsequently by: G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 985/2009-2) concerning registration of the sign TRUEWHITE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cree, Inc. to pay the costs.

(1) OJ C 179, 3.7.2010.
Official Journal of the European Union

Judgment of the General Court of 7 December 2011 — El Corte Inglés v OHIM — Azzedine Alaïa (ALIA)

(Case T-152/10) (1)

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

(2012/C 25/94)

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, M.E. López Camba and E. Seijo Veiguela, 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: Azzedine Alaïa (Paris, France) (represented by: M. Holah, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 924/2008-4), relating to opposition proceedings between Mr Azzedine Alaïa and El Corte Inglés, SA.

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 3 February 2010 (Case R 924/2008-4) in so far as the Board of Appeal excluded the goods in Class 3 corresponding to the description ‘Perfumery, essential oils, cosmetics, hair lotions; dentifrices’ from its analysis of the likelihood of confusion between the marks at issue.

2. Dismisses the action as to the remainder.

3. Orders El Corte Inglés, SA, OHIM and Mr Azzedine Alaïa each to bear their own costs.

(1) OJ C 148, 5.6.2010.