ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 32/25

Judgment of the Court of First Instance of 17 December 2008 — HEG and Graphite India v Council

(Case T-462/04) (1)

(Common commercial policy - Anti-dumping duties - Countervailing duties - Imports of certain graphite electrode systems originating in India - Rights of the defence - Equal treatment - Determination of injury - Causal link)

(2009/C 32/46)

Language of the case: English

Parties

Applicants: HEG Ltd (New Delhi, India); and Graphite India Ltd (Kolkata, India) (represented: initially by K. Adamantopoulos, lawyer, and J. Branton, Solicitor, and subsequently by J. Branton)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the European Communities (represented by: T. Scharf and K. Talabér-Ritz, acting as Agents)

Re:

Application for annulment of Council Regulation (EC) No 1628/2004 of 13 September 2004 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India (OJ 2004 L 295, p. 4) and of Council Regulation (EC) No 1629/2004 of 13 September 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India (OJ 2004 L 295, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders HEG Ltd and Graphite India Ltd to bear their own costs and to pay the costs of the Council;

3. Orders the Commission to bear its own costs.

(1) OJ C 69, 19.3.2005.
EN Official Journal of the European Union C 313/25

Judgment of the Court of First Instance of 9 October 2008 — Wilms v Commission

(Case T-328/04) (1)

(Action for annulment - Action for damages - Staff case - Promotion - Award of priority points)

(2008/C 313/44)

Language of the case: French

Parties

Applicant: Günter Wilms (Brussels, Belgium) (represented by: M. van der Woude and V. Landes and, subsequently, by M. van der Woude, lawyers)

Defendant: Commission of the European Communities (represented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subsequently, by V. Joris and G. Berscheid, Agents, and D. Wealbroeck, lawyer)

Re:

An action for annulment of:

— the decision of the Director General of the Legal Service of the Commission to award the applicant only one Directorate-General priority point for the 2003 promotion procedure, communicated on 2 July 2003, confirmed by a decision of the appointing authority notified on 19 December 2003;

— the decision of the appointing authority not to award the applicant any special priority points for additional activity in the interests of the institution for the 2003 promotion procedure, notified through the Sysper 2 system on 19 December 2003;

— the following decisions: the decision of the appointing authority to award the applicant a total of 19 points for the 2003 promotion procedure; the merit list of officials in grade A 6 for the 2003 promotion procedure published in Administrative Notices No 69-2003 of 13 November 2003; the list of officials promoted to grade A 5 for the 2003 promotion procedure and published in Administrative Notices No 73-2003 of 27 November 2003 and, in any event, the decision not to include the applicant's name on those lists.

— in so far as it is necessary, the decision of the appointing authority of 14 June 2004 rejecting the complaint brought on 12 February 2004 by the applicant;

— the decision of the appointing authority of 17 April 2007 not to award the applicant any additional priority points for the 2003 promotion procedure;

and for compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Commission fixing the total promotion points for the applicant at 19 points and refusing to include his name on the list of officials promoted to grade A 5 for the 2003 promotion procedure;

2. Dismisses the action as to the remainder;

3. Orders the Commission to pay the costs.

(1) OJ C 273, 6.11.2004.
EN Official Journal of the European Union C 301/20

Judgment of the General Court (Sixth Chamber) of 13 September 2010 — Éditions Jacob v Commission

(Case T-279/04) (1)

(Competition - Concentrations - French-language publishing - Decision declaring the concentration compatible with the common market subject to sale of assets - Action for annulment brought by an unsuccessful prospective purchaser - Obligation to state reasons - Fraud - Error of law - Manifest error of assessment - Regulation (EEC) No 4064/89)

2010/C 301/29

Language of the case: French

Parties

Applicant: Éditions Odile Jacob SAS (Paris, France) (represented by: O. Fréget, W. van Weert, I. de Seze, M. Struys, M. Potel and L. Eskenazi, lawyers

Defendant: European Commission (represented by: initially A. Whelan, O. Beynet, A. Bouquet and F. Arbault, then A. Bouquet and O. Beynet, acting as Agents)

Intervener in support of the defendant: Lagardère SCA (Paris) (represented by: initially A. Winckler and I. Girgenson, then A. Winckler, F. de Bure and J.-B. Pinçon, lawyers

Re:

Application for the annulment of Commission Decision 2004/422/EC of 7 January 2004 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2978 — Lagardère/Natexis/VUP) (OJ 2004 L 125, p. 54).

Operative part of the judgment

The General Court:

1. dismisses the action;

2. orders Éditions Odile Jacob SAS to bear its own costs and to pay the costs of the European Commission and Lagardère SCA.

(1) OJ C 262, of 23.10.2004.
EN Official Journal of the European Union C 180/42

Judgment of the Court of First Instance (Fourth Chamber) of 17 June 2009 — Zhejiang Xinan Chemical Industrial Group v Council

(Case T-498/04) (1)

(Dumping - Imports of glyphosate originating in China - Status of undertaking operating under market economy conditions - Article 2(7)(b) and (c) of Regulation (EC) No 384/96)

2009/C 180/77

Language of the case: English

Parties

Applicant: Zhejiang Xinan Chemical Industrial Group Co. Ltd (Jiande City, China) (represented by: initially D. Horovitz, lawyer, and B. Hartnett, Barrister, and subsequently D. Horovitz)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)

Intervener in support of the applicant: Association des utilisateurs et distributeurs de l’agrochimie européenne (Audace) (represented by: J. Flynn QC, and D. Scannell, Barrister)

Intervener in support of the defendant: Commission of the European Communities (represented by: E. Righini and K. Talabér-Ritz, acting as Agents)

Re:

Application for the annulment of Article 1 of Council Regulation (EC) No 1683/2004 of 24 September 2004 imposing a definitive anti-dumping duty on imports of glyphosate originating in the People’s Republic of China (OJ 2004 L 303, p. 1), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls, in so far as it concerns Zhejiang Xinan Chemical Industrial Group Co. Ltd, Article 1 of Council Regulation (EC) No 1683/2004 of 24 September 2004 imposing a definitive anti-dumping duty on imports of glyphosate originating in the People’s Republic of China;

2. Orders the Council to bear its own costs and to pay those of Zhejiang Xinan Chemical Industrial Group Co. Ltd and of the Association des utilisateurs et distributeurs de l’agrochimie européenne (Audace);

3. Orders the Commission to bear its own costs.

(1) OJ C 57, 5.3.2005.
EN Official Journal of the European Union C 107/24

Judgment of the Court of First Instance of 11 March 2008 — Guigard v Commission

(Case T-301/05) (1)

(Non-contractual liability - Non-renewal of a contract of employment financed by the EDF - Lack of unlawful conduct on the part of the Commission - Jurisdiction of the Court of First Instance)

(2008/C 107/39)

Language of the case: French

Parties

Applicant: Philippe Guigard (Paris, France) (represented initially by: S. Rodrigues and A. Jaume, later by: S. Rodrigues and C. Bernard-Glantz, lawyers)

Defendant: Commission of the European Communities (represented initially by: D. Martin and K. Herrmann, later by: F. Dintilhac and G. Boudot, Agents)

Re:

Action for damages for the loss allegedly suffered by the applicant by reason of the allegedly wrongful conduct of the Commission in regard to the non-renewal of his contract of employment concluded in the framework of technical co-operation between the Community and the Republic of Niger financed by the European Development Fund (EDF).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Philippe Guigard to pay the costs.

(1) OJ C 271, 29.10.2005.
EN Official Journal of the European Union C 22/41

Judgment of the Court of First Instance of 12 December 2007 — Akzo Nobel and Others v Commission

(Case T-112/05) (1)

(Competition - Cartels in the vitamin products sector - Choline chloride (Vitamin B4) - Decision finding an infringement of Article 81 EC and Article 53 of the Agreement on the European Economic Area - Attributability of the infringement)

(2008/C 22/76)

Language of the case: English

Parties

Applicants: Akzo Nobel (Arnhem, Netherlands), Akzo Nobel Nederland BV (Arnhem), Akzo Nobel Chemicals International BV (Amersfoort, Netherlands), Akzo Nobel Chemicals BV (Amersfoort), Akzo Nobel Functional Chemicals BV (Amersfoort) (represented by: initially C. Swaak and J. de Gou, and subsequently C. Swaak, M. van der Woude and M. Mollica, Lawyers)

Defendant: Commission of the European Communities (represented by: A. Whelan and F. Amato, Agents)

Re:

Application for annulment of Commission Decision 2005/566/EC of 9 December 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E 2/37.533 — Choline chloride) (summary published in OJ 2005 L 190, p. 22).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals International BV, Akzo Nobel Chemicals BV and Akzo Nobel Functional Chemicals BV to pay the costs.

(1) OJ C 143, 11.6.2005.
EN Official Journal of the European Union C 6/20

Judgment of the Court of First Instance of 20 November 2008 — Italian Republic v Commission

(Case T-185/05) (1)

(Rules on languages - Implementing rules for recruitment to the European Union Civil Service - Action for annulment under Article 230 EC - Action brought by a Member State against, first, a Commission decision to publish vacancy notices for senior management posts in English, French and German and, second, a Commission vacancy notice published in those three languages for the post of Director-General of OLAF - Admissibility - Time-limit for bringing an action - Measures against which an action may be brought - Statement of reasons - Articles 12 EC, 230 EC and 290 EC - Regulation No 1 - Articles 1d and 27 of the Staff Regulations - Principle of non-discrimination)

(2009/C 6/40)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: I. Braguglia and M. Fiorilli, avvocati dello Stato)

Defendant: Commission of the European Communities (represented by: L. Cimaglia and P. Aalto, Agents)

Interveners in support of the applicant: Kingdom of Spain (represented by: F. Díez Moreno, abogado del Estado); and Republic of Latvia (represented initially by: E. Balode-Buraka, and subsequently by: L. Ostrovska, Agents)

Re:

APPLICATION for annulment, first, of the decision adopted by the Commission at its 1678th meeting on 10 November 2004, whereby external publications of the vacancy notices for senior management posts in the Official Journal of the European Union would be in English, French and German for a period that would in principle end on 1 January 2007 and, second, of vacancy notice COM/2005/335 for the post of Director-General (grade A*15/A*16) of the European Anti-Fraud Office (OLAF), published by the Commission on 9 February 2005 (OJ 2005 C 34 A, p. 3).

Operative part of the judgment

The Court:

1. Annuls the decision adopted by the Commission at its 1678th meeting on 10 November 2004, whereby external publications of the vacancy notices for senior management posts in the Official Journal of the European Union would henceforth be in English, French and German for a period ending 1 January 2007;

2. Annuls vacancy notice COM/2005/335 for the post of Director-General (grade A*15/A*16) of the European Anti-Fraud Office (OLAF), published by the Commission on 9 February 2005 (OJ 2005 C 34 A, p. 3);

3. Orders each party to bear its own costs.

(1) OJ C 155, 25.6.2005.
EN Official Journal of the European Union C 272/18

Judgment of the Court of First Instance of 10 September 2008 — France v Commission

(Case T-370/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Wine sector - Restructuring aid and conversion aid - Definition of eligible area)

(2008/C 272/32)

Language of the case: French

Parties

Applicant: French Republic (represented: initially by G. de Bergues and A. Colomb, and subsequently by G. de Bergues and A.-L. During, acting as Agents)

Defendant: Commission of the European Communities (represented by: M. Nolin, acting as Agent)

Re:

Action for annulment of Commission Decision 2005/579/EC of 20 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 199, p. 84), inasmuch as it excludes from Community financing certain expenditure in respect of a correction relating to determination of the areas eligible for aid for restructuring and conversion of vineyards for the 2001-2003 accounting period.

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2005/579/EC of 20 July 2005, Commission Decision of 20 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) inasmuch as it excludes from Community financing the sum of EUR 13 519 122,05 in respect of a correction relating to determination of the areas eligible for aid for restructuring and conversion of vineyards for the 2001-2003 accounting period.

2. Orders the Commission to pay the costs.

(1) OJ C 315, 10.12.2005.
EN Official Journal of the European Union C 193/16

Judgment of the Court of First Instance of 30 June 2009 — Danjaq v OHIM — Mission Productions (Dr. No)

(Case T-435/05) (1)

(Community trade mark - Application for Community word mark Dr. No - Opposition by the proprietor of the non-registered word marks and signs Dr. No and Dr. NO - Failure to satisfy the requirement for earlier marks - Lack of a distinctive sign used in the course of trade - Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 40/94 (now Article 8(1)(a) and (b), (2)(c) and (4) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation (EC) No 207/2009))

2009/C 193/22

Language of the case: English

Parties

Applicant: Danjaq LLC (Santa Monica, California, United States) (represented by: G. Hobbs QC, G. Hollingworth, Barrister, S. Skrein and L. Berg, Solicitors)

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, intervening before the Court of First Instance: Mission Productions Gesellschaft für Film-, Fernseh- und Veranstaltungsproduktion mbH (Munich, Germany) (represented by: K. Lewinsky, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 September 2005 (Case R 1118/2004-1) relating to opposition proceedings between Danjaq LLC and Mission Productions Gesellschaft für Film-, Fernseh- und Veranstaltungsproduktion mbH

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Danjaq LLC to pay the costs.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 90/23

Judgment of the Court of First Instance of 11 March 2009 — Borax Europe v Commission

(Case T-121/05) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents and sound recordings - Refusal of access - Exception relating to the protection of the privacy and integrity of the individual - Exception relating to the protection of the decision-making process)

2009/C 90/35

Language of the case: English

Parties

Applicant: Borax Europe Ltd (Guildford, United Kingdom) (represented by: D. Vandermeersch and K. Nordlander, lawyers)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira and I. Chatzigiannis, acting as Agents)

Re:

Application for annulment of the decision of 17 January 2005 of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ, English Special Edition 1967(I), p. 234)

Operative part of the judgment

The Court:

1. Annuls the decision of 17 January 2005 of the Secretary-General of the Commission refusing access to certain documents and sound recordings in connection with the 30th adaptation to technical progress of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances;

2. Orders the Commission to pay the costs.

(1) OJ C 143, 11.6.2005.
EN Official Journal of the European Union C 134/29

Judgment of the General Court of 19 March 2010 — Evropaïki Dynamiki v Commission

(Case T-50/05) (1)

(Public service contracts - Community tendering procedure - Provision of computer services relating to telematic systems to control the movement of products subject to excise duty - Rejection of a tenderer’s bid - Action for annulment - Consortium of tenderers - Admissibility - Principles of equal treatment of tenderers and transparency - Award criteria - Principles of sound administration and diligence - Obligation to state the reasons on which the decision is based - Manifest error of assessment)

2010/C 134/47

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: European Commission (represented: initially by L. Parpala and K. Kańska, subsequently by L. Parpala and E. Manhaeve and lastly by L. Parpala, E. Manhaeve and M. Wilderspin, Agents)

Re:

Action for the annulment of the Decision of the Commission of the European Communities of 18 November 2004 rejecting the tender submitted by the consortium formed by the applicant and another undertaking in a tendering procedure relating to the provision of computer services concerning the specification, development, maintenance and support of telematic systems to control the movement of products subject to excise duty within the European Community under the excise-duty suspension arrangements and awarding the contract to another tenderer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 106, 30.4.2005.
EN Official Journal of the European Union C 282/37

Judgment of the Court of First Instance of 2 October 2009 — Cyprus v Commission

(Joined Cases T-300/05 and T-316/05) (1)

(Agriculture - Common organisation of the markets - Transitional measures to be adopted by reason of the accession of new Member States - Regulation (EC) No 651/2005 laying down transitional measures in the sugar sector - Action for annulment - Period within which proceedings must be commenced - Point from which time starts to run - Delay - Amendment of a provision of a regulation - Reopening of the action against that provision and all provisions forming a body of rules with it - Inadmissibility - Regulation (EC) No 832/2005 on the determination of surplus quantities of sugar, isoglucose and fructose - Plea of illegality - Jurisdiction - Principle of non-discrimination - Legitimate expectations - Action for annulment - Proportionality - Statement of reasons - Non-retroactivity - Collegiality)

2009/C 282/68

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis, K. Lykourgos and A. Pantazi-Lamprou, Agents)

Defendant: Commission of the European Communities (represented by: initially L. Visaggio and H. Tserepa-Lacombe and subsequently by T. van Rijn and H. Tserepa-Lacombe, Agents)

Interveners in support of the applicant: Republic of Estonia (Case T-316/05) (represented by: L. Uibo, Agent); and Republic of Latvia (represented by: E. Balode-Buraka, Agent)

Re:

In Case T-300/05, application for annulment of Commission Regulation (EC) No 651/2005 of 28 April 2005 amending Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2005 L 108, p. 3) and, in Case T-316/05, application for annulment of Commission Regulation (EC) No 832/2005 of 31 May 2005 on the determination of surplus quantities of sugar, isoglucose and fructose for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2005 L 138, p. 3)

Operative part of the judgment

The Court:

1. Dismisses the actions;

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

3. Orders the Republic of Estonia and the Republic of Latvia to bear their own costs.

(1) OJ C 271, of 29.10.2005.
3.

orders World Wide Tobacco España to bear three quarters of its own costs and three quarters of the costs incurred by the Commission, and orders the Commission to bear one quarter of its own costs and one quarter of the costs incurred by World Wide Tobacco España.
EN Official Journal of the European Union C 179/31

Judgment of the General Court of 19 May 2010 — Chalkor v Commission

(Case T-21/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Fines - Limited participation in the cartel - Geographic extent of the relevant market - Duration of the infringement - Cooperation)

2010/C 179/51

Language of the case: English

Parties

Applicant: Chalkor AE Epexergasias Metallon (Athens, Greece) (represented by: I. Forrester QC, A. Schulz and A. Komninos, lawyers)

Defendant: European Commission (represented by: P. Oliver and S. Noë, Agents)

Re:

Application for cancellation or reduction of the fine imposed on the applicant by Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes).

Operative part of the judgment

The Court:

1. Orders that the fine imposed on Chalkor AE Epexergasias Metallon under Article 2(d) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) shall be set at EUR 8,2467 million.

2. Dismisses the action as to the remainder;

3. Orders Chalkor Epexergasias Metallon and the European Commission to bear their own costs.

(1) OJ C 82, 2.4.2005.