ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 193/19

Judgment of the Court of First Instance of 1 July 2009 — KG Holding and Others v Commission

(Joined Cases T-81/07, T-82/07 and T-83/07) (1)

(State aid - Restructuring aid granted by the Netherlands authorities to KG Holding NV - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Partial inadmissibility - Recovery of aid from recipient undertakings declared bankrupt - Community Guidelines on State aid for rescuing and restructuring firms in difficulty)

2009/C 193/27

Language of the case: Dutch

Parties

Applicant in Case T-81/07: Jan Rudolf Maas, acting in his capacity as administrator in the bankruptcy proceedings relating to KG Holding NV (Rotterdam, Netherlands) (represented by: G. van der Wal and T. Boesman, lawyers)

Applicant in Case T-82/07: Jan Rudolf Maas and Cornelis van den Bergh, acting in their capacity as administrators in the bankruptcy proceedings relating to Kliq BV (Rotterdam) (represented by: G. van der Wal and T. Boesman, lawyers)

Applicant in Case T-83/07: Jean Leon Marcel Groenewegen, acting in his capacity as administrator in the bankruptcy proceedings relating to Kliq Reïntegratie (Utrecht, Netherlands) (represented by: G. van der Wal and T. Boesman, lawyers)

Defendant: Commission of the European Communities (represented by: H. van Vliet, Agent)

Re:

Action for annulment of Commission Decision 2006/939/EC of 19 July 2006 on the aid measure notified by the Netherlands for KG Holding NV (OJ 2006 L 366, p. 40).

Operative part of the judgment

The Court:

1. Annuls Article 2 of Commission Decision 2006/939/EC of 19 July 2006 on the aid measure notified by the Kingdom of the Netherlands for KG Holding NV;

2. Dismisses the remainder of the applications;

3. Orders Jan Rudolf Maas, in his capacity as administrator in the bankruptcy proceedings relating to KG Holding NV, to bear his own costs in Case T-81/07;

4. Orders Jan Rudolf Maas and Cornelis van den Bergh, in their capacity as administrators in the bankruptcy proceedings relating to Kliq BV, to bear their own costs in Case T-82/07;

5. Orders Jean Leon Marcel Groenewegen, in his capacity as administrator in the bankruptcy proceedings relating to Kliq Reïntegratie, to bear, in addition to his own costs in Case T-83/07, those incurred by the Commission in Case T-83/07;

6. Orders the Commission to bear its own costs in Cases T-81/07 and T-82/07.

(1) OJ C 117, 29.5.2007.
EN Official Journal of the European Union C 297/20

Judgment of the Court of First Instance of 28 October 2009 — Juwel Aquarium v OHIM — Potschak (Panorama)

(Case T-339/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark Panorama - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009))

2009/C 297/27

Language of the case: German

Parties

Applicant: Juwel Aquarium GmbH & Co. KG (Rotenburg, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and M. Bergermann, 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 Court of First Instance: Christian Potschak (Bobingen, Germany) (represented by: D. Donath, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 214/2006-1) relating to invalidity proceedings between Christian Potschak and Juwel Aquarium GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Juwel Aquarium GmbH & Co. KG to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 267/57

Judgment of the Court of First Instance of 16 September 2009 — Promomadrid v OHIM (MADRIDEXPORTA)

(Case T-180/07) (1)

(Community trade mark - Application for Community figurative mark MADRIDEXPORTA - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

2009/C 267/99

Language of the case: Spanish

Parties

Applicant: Promomadrid Desarrollo Internacional de Madrid, SA (Madrid, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1130/2006-1) concerning an application for registration of the figurative mark MADRIDEXPORTA as a Community trade mark.

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 7 March 2007 (Case R 1130/2006-1);

2. Orders OHIM to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 80/24

Judgment of the Court of 3 February 2010 — Enercon v OHIM — Hasbro (ENERCON)

(Case T-472/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ENERCON - Earlier Community word mark TRANSFORMERS ENERGON - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 80/41

Language of the case: English

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and V. Henke, 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 intervening before the Court: Hasbro Inc. (Pawtucket, Rhode Island, United States) (represented by: M. Edenborough, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 October 2007 (Case R 959/2006-4), relating to opposition proceedings between Hasbro, Inc. and Enercon GmbH

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Enercon GmbH to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 24/47

Judgment of the General Court of 2 December 2009 — Volvo Trademark v OHIM — Grebenshikova (SOLVO)

(Case T-434/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark SOLVO - Earlier Community and national word and figurative marks VOLVO - Relative ground for refusal - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

2010/C 24/82

Language of the case: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: T. Dolde, V. von Bomhard and A. Renck, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Elena Grebenshikova (Saint Petersburg, Russia) (represented by: M. Björkenfeldt, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2007 (Case R 1240/2006-2), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova.

Operative part of the judgment

The General 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 2 August 2007 (Case R 1240/2006-2), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova;

2. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and to pay half of those incurred by Volvo Trademark Holding;

3. Orders Ms Grebenshikova to bear her own costs and to pay half of those incurred by Volvo Trademark Holding.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 301/24

Judgment of the General Court of 13 September 2010 — Spain v Commission

(Joined Cases T-156/07 and 232/07) (1)

(Rules on the use of languages - Notice of open competitions for the recruitment of administrators - Publication in all the official languages - Amendments - Regulation No 1 - Articles 27, 28 and Article 29(1) of the Staff Regulations - Article 1(1) and (2) of Annex III to the Staff Regulations - Obligation to state reasons - Principle of non-discrimination)

2010/C 301/37

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: Case T-156/07, F. Díez Moreno and, Case T 232/07, F. Díez Moreno and N. Díaz Abad, abogados del Estado)

Defendant: European Commission (represented initially by: J. Currall, L. Escobar Guerrero and H. Krämer, and subsequently by J. Currall, H. Krämer and J. Baquero Cruz, Agents, assisted by A. Dal Ferro, lawyer)

Interveners in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, Agent) (Cases T-156/07 and T-232/07); and Hellenic Republic (represented by: S. Vodina and M. Michelogiannaki, Agents) (Case T-156/07)

Re:

Application for annulment, first, of the Notice of Open Competition EPSO/AD/94/07 to constitute a reserve pool of Administrators (AD 5) in the field of information, communication and media (OJ 2007 C 45 A, p. 3) and, second, of the Notice of Open Competition EPSO/AD/95/07 to constitute a reserve pool of Administrators (AD 5) in the field of information science (library/documentation) (OJ 2007 C 103 A, p. 7).

Operative part of the judgment

The Court:

1. Dismisses the application;

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

3. Orders the Republic of Lithuania and the Hellenic Republic to bear their own costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 209/32

Judgment of the General Court of 15 June 2010 — Mediaset v Commission

(Case T-177/07) (1)

(State aid - Telecommunications - Subsidised purchase of digital decoders - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of State aid - Exclusion of decoders for the reception of television programmes broadcast by satellite - Advantage - Selective nature - Adverse effect on competition - Obligation to state reasons)

2010/C 209/46

Language of the case: English

Parties

Applicant: Mediaset SpA (Milan, Italy) (represented by: K. Adamantopoulos, G. Rossi, E. Petritsi and A. Nucara, lawyers, and by D. O’Keeffe and P. Boyle, Solicitors)

Defendant: European Commission (represented by: B. Martenczuk, G. Conte and E. Righini, acting as Agents)

Intervener in support of the defendant: Sky Italia Srl (Rome, Italy) (represented intially by: F.E. González Díaz and D. Gerard, and subsequently by F.E. González Díaz, lawyers)

Re:

Application for the annulment of Commission Decision 2007/374/EC of 24 January 2007 on State aid C 52/2005 (ex NN 88/2005, ex CP 101/2004) implemented by the Italian Republic for the subsidised purchase of digital decoders (OJ 2007 L 147, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mediaset SpA to bear its own costs and to pay those of the European Commission and Sky Italia Srl.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 160/15

Judgment of the General Court of 14 April 2011 — Visa Europe and Visa International Service v Commission

(Case T-461/07) (1)

(Competition - Agreements, decisions and concerted practices - Market for the provision of credit and deferred debit card acquiring services - Decision finding an infringement of Article 81 EC - Restriction of competition - Potential competitor - Fines - Mitigating circumstances - Reasonable time - Legal certainty - Rights of the defence)

2011/C 160/18

Language of the case: English

Parties

Applicants: Visa Europe Ltd (London, United Kingdom); and Visa International Service (Wilmington, Delaware, United States) (represented initially by S. Morris QC, H. Davies and A. Howard, Barristers, V. Davies and H. Masters, Solicitors, and subsequently by S. Morris and P. Scott, Solicitor, A. Howard, V. Davies and C. Thomas, Solicitor)

Defendant: European Commission (represented initially by F. Arbault, N. Khan and V. Bottka, and subsequently by N. Khan and V. Bottka, Agents)

Re:

Application for annulment of Commission Decision C(2007) 4471 final of 3 October 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (COMP/D1/37.860 — Morgan Stanley/Visa International and Visa Europe) and, in the alternative, an application for annulment or reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Visa Europe Ltd and Visa International Service to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 103/19

Judgment of the General Court of 18 February 2011 — P.P.TV v OHIM — Rentrak (PPT)

(Case T-118/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PPT - Earlier national figurative mark PPTV - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 103/32

Language of the case: English

Parties

Applicant: P.P.TV — Publicidade de Portugal e Televisão, SA (Lisbon, Portugal) (represented by: I. de Carvalho Simões and J.M. Conceição Pimenta, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rentrak Corp. (Portland, Oregon, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R 1040/2005-1) concerning opposition proceedings between P.P.TV — Publicidade de Portugal e Televisão, SA and Rentrak Corp.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders P.P.TV — Publicidade de Portugal e Televisão, SA, to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 269/44

Judgment of the General Court of 13 July 2011 — General Technic-Otis and Others v Commission

(Cases T-141/07, T-142/07, T-145/07 and T-146/07) (1)

(Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Decision finding an infringement of Article 81 EC - Bid-rigging - Market sharing - Price fixing)

2011/C 269/97

Languages of the case: French and English

Parties

Applicants: General Technic-Otis Sàrl (Howald, Luxembourg) (represented initially by M. Nosbusch and subsequently by A. Winckler, lawyers, and J. Temple Lang, Solicitor) (Case T-141/07); General Technic Sàrl (Howald) (represented by: M. Nosbusch) (Case T-142/07); Otis SA (Dilbeek, Belgium), Otis GmbH & Co. OHG, (Berlin, Germany), Otis BV (Amersfoort, Netherlands), and Otis Elevator Company (Farmington, Connecticut, United States) (represented by: A. Winckler and J. Temple Lang) (Case T-145/07); and United Technologies Corporation (Wilmington, Delaware, United States) (represented by: A. Winckler and J. Temple Lang) (Case T-146/07)

Defendant: European Commission (represented in Cases T-141/07 and T-142/07, by A. Bouquet and R. Sauer, acting as Agents, and by A. Condomines, lawyer, and, in Cases T-145/07 and T-146/07, by A. Bouquet, R. Sauer and J. Bourke, acting as Agents, and by A. Condomines)

Re:

Applications for annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 [EC] (Case COMP/E 1/38.823 — Elevators and Escalators) or, in the alternative, reduction of the amounts of the fines imposed on the applicants.

Operative part of the judgment

The Court:

1. Joins Cases T-141/07, T-142/07, T-145/07 and T-146/07 for the purposes of this judgment;

2. Dismisses the actions;

3. In Case T-141/07, orders General Technic-Otis Sàrl to pay the costs;

4. In Case T-142/07, orders General Technic Sàrl to pay the costs;

5. In Case T-145/07, orders Otis SA, Otis GmbH & Co. OHG, Otis BV and Otis Elevator Company to pay the costs;

6. In Case T-146/07, orders United Technologies Corporation to pay the costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 269/42

Judgment of the General Court of 13 July 2011 — Kaučuk v Commission

(Case T-44/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Participation in the cartel - Imputability of the offending conduct - Fines - Gravity and duration of the infringement - Attenuating circumstances)

2011/C 269/92

Language of the case: English

Parties

Applicant: Kaučuk a.s. (Kralupy nad Vltavou, Czech Republic) (represented initially by: M. Powell and K. Kuik, and subsequently by M. Powell, Solicitors)

Defendant: European Commission (represented initially by: M. Kellerbauer, V. Bottka and O. Weber, and subsequently by M. Kellerbauer, V. Bottka and V. Di Bucci, Agents)

Re:

Application for annulment, so far as Kaučuk a.s. is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on Kaučuk.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it concerns Kaučuk a.s.;

2. Orders the European Commission to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 138/13

Judgment of the General Court of 29 March 2012 — Spain v Commission

(Case T-398/07) (1)

(Competition - Abuse of dominant position - Spanish broadband internet access markets - Decision finding an infringement of Article 82 EC - Price-fixing - Margin squeeze - Sincere cooperation - Ultra vires application of Article 82 EC - Legal certainty - Protection of legitimate expectations)

2012/C 138/22

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, abogado del Estado)

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and K. Mojzesowicz, Agents)

Re:

Annulment of Commission Decision C(2007) 3196 final of 4 July 2007 relating to a proceeding pursuant to Article 82 [EC] (Case COMP/38.784 — Wanadoo España v Telefónica).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 13/10

Judgment of the General Court of 23 November 2011 — Jones and Others v Commission

(Case T-320/07) (1)

(ECSC Treaty - Supply of coal intended for the United Kingdom electricity generation industry - Rejection of a complaint alleging discriminatory pricing - Commission’s competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 - Assessment of Community interest - Obligations in relation to the investigation of a complaint - Manifest error of assessment)

2012/C 13/18

Language of the case: English

Parties

Applicants: Daphne Jones (Neath, United Kingdom), Glen Jones (Neath), and Fforch-Y-Garon Coal Co. Ltd (Neath) (represented by: D. Jeffreys and S. Llewellyn Jones, Solicitors)

Defendant: European Commission (represented by: V. Di Bucci and J. Samnadda, acting as Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland, (represented: initially by E. Jenkinson, subsequently by C. Gibbs and V. Jackson, and, finally, by S. Hathaway, acting as Agents, and by J. Flynn QC); E.ON UK plc (Coventry, United Kingdom) (represented by P. Lomas, Solicitor); and International Power plc (London, United Kingdom) (represented by D. Anderson QC, M. Chamberlain, Barrister, S. Lister and D. Harrison, Solicitors)

Re:

Application for annulment of Commission Decision SG-Greffe (2007) D/203626 of 18 June 2007, pursuant to Article 7 of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 [EC] and 82 [EC] (OJ 2004 L 123, p. 18), rejecting the applicants’ complaint concerning infringements of the ECSC Treaty (Case COMP/37.037-SWSMA).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Commission to pay, in addition to its own costs, the costs of Mr Glen Jones and of Mrs Daphne Jones, as well as those of Fforch-Y-Garon Coal Co. Ltd.

3. Orders the United Kingdom of Great Britain and Northern Ireland, E.ON UK plc and International Power plc each to bear their own costs.

(1) OJ C 247, 20.10.2007.
EN Official Journal of the European Union C 336/14

Judgment of the General Court (Eighth Chamber) of 16 September 2013 — PROAS v European Commission

(Case T-495/07) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Decision finding an infringement of Article 81 EC - Annual market-sharing and price-fixing agreements - Translation of the statement of objections - Calculation of the amount of the fine - Reasonable time - Res judicata)

2013/C 336/27

Language of the case: Spanish

Parties

Applicant: Productos Asfálticos (PROAS), SA (Madrid, Spain) (represented: initially by C. Fernández Vicién, A. Pereda Miquel and P. Carmona Botana, then C. Fernández Vicién and A. Pereda Miquel and finally C. Fernández Vicién, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, assisted initially by J. Rivas Andrés, lawyer, and M. Heenan Bróna, Solicitor, then J. Rivas Andrés and J. Gutiérrez Gisbert, lawyers, and finally J. Rivas Andrés)

Re:

Application for annulment of Decision C(2007) 4441 final of the Commission, of 3 October 2007, relating to a procedure of application of Article 81 (EC) [Case COMP/38.710 — Bitumen (Spain)], and the reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Dismisses the claim of the European Commission seeking an increase of the amount of the fine.

3. Orders Productos Asfálticos (PROAS), SA to pay the costs.

(1) OJ C 64, 8.3.2008.