ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 226/20

Judgment of the General Court of 16 June 2011 — Air liquide v Commission

(Case T-185/06) (1)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Obligation to state the reasons on which the decision is based)

2011/C 226/37

Language of the case: French

Parties

Applicant: Air liquide, société anonyme pour l’étude et l’exploitation des procédés Georges Claude (Paris, France) (represented by: R. Saint-Esteben, M. Pittie and P. Honoré, lawyers)

Defendant: European Commission (represented initially by F. Arbault and O. Beynet, and subsequently by V. Bottka, P. Van Nuffel and B. Gencarelli, Agents)

Re:

Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), in so far as it concerns L’Air liquide, SA pour l’étude et l’exploitation des procédés Georges Claude;

2. Orders the European Commission to pay the costs.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 118/22

Judgment of the General Court of 6 March 2012 — FLSmidth v Commission

(Case T-65/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Duration of the infringement - Fines - Gravity of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Joint and several liability)

2012/C 118/36

Language of the case: English

Parties

Applicant: FLSmidth & Co. A/S (Valby, Denmark) (represented by: J.-E. Svensson, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)

Re:

Application for the partial annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds FLSmidth & Co. A/S liable for the single and continuous infringement referred to in Article 1(1) thereof, for the period from 31 December 1990 to 31 December 1991;

2. Sets the amount for payment of which FLSmidth & Co. is held jointly and severally liable under Article 2(f) of Decision C(2005) 4634 at EUR 14.45 million;

3. Dismisses the action as to the remainder;

4. Orders the European Commission and FLSmidth & Co. each to bear their own costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 6/9

Judgment of the General Court of 16 November 2011 — RKW and JM Gesellschaft für industrielle Beteiligungen v Commission

(Joined Cases T-55/06 and T-66/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Fines - Guidelines for the calculation of fines - Maximum limit of 10 % of turnover - Implementation - Legality - Proportionality - Equal treatment - Single and continuous infringement - Attenuating circumstances - Exclusively passive role - Obligation to state the reasons on which the decision is based - Imputability of unlawful conduct)

2012/C 6/12

Language of the case: German

Parties

Applicants: RKW SE, formerly RKW AG Rheinische Kunststoffwerke (Worms, Germany), and JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA (Worms) (represented by: H.-J. Hellmann, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and R. Sauer, acting as Agents, assisted by M. Núñez-Müller, lawyer)

Re:

Application for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) and, in the alternative, for reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders RKW SE and JM Gesellschaft für industrielle Beteiligungen mbH & Co. KGaA to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 27 September 2012 — Dura Vermeer Infra v Commission

(Case T-352/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Rights of the defence)

2012/C 355/28

Language of the case: Dutch

Parties

Applicant: Dura Vermeer Infra BV (Hoofddorp, Netherlands) (represented by: M. Slotboom, lawyer)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dura Vermeer Infra BV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 27 September 2012 — Dura Vermeer Groep v Commission

(Case T-351/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct)

2012/C 355/27

Language of the case: Dutch

Parties

Applicant: Dura Vermeer Groep NV (Rotterdam, Netherlands) (represented by: M. Slotboom, lawyer)

Defendant: European Commission (represented initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dura Vermeer Groep NV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 197/23

Judgment of the Court of First Instance of 26 June 2008 — SHS Polar Sistemas Informáticos v OHIM — Polaris Software Lab (POLARIS)

(Case T-79/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark POLARIS - Earlier Community word mark POLAR - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 197/39)

Language of the case: English

Parties

Applicant: SHS Polar Sistemas Informáticos SL (Madrid, Spain) (represented by: C. Hernández Hernández, lawyer)

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: Polaris Software Lab Ltd (Chennai, India)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders SHS Polar Sistemas Informáticos SL to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 6/27

Judgment of the Court of First Instance of 19 November 2008 — Commission v B2 Test

(Case T-317/07) (1)

(Arbitration clause - Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) - Breach of contract - Repayment of balance of advance paid by the Commission)

(2009/C 6/55)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: L. Escobar Guerrero, Agent, assisted by E. Boutier and J. Marthan, lawyers)

Defendant: B2 Test SA (Gardanne, France) (represented by: M. Baffert, lawyer)

Re:

Application under Article 238 EC seeking to obtain repayment of the balance of the advance paid by the European Community, plus late-payment interest thereon, in the framework of the contract BRST-CT-98-5452, and the payment of damages with interest.

Operative part of the judgment

The Court:

1. Orders B2 Test SA to repay to the Commission the principal sum of EUR 43 437,94, increased by late-payment interest at the statutory annual rate applicable in France, from 31 July 2002 until the debt has been paid in full;

2. Dismisses the action as to the remainder;

3. Orders B2 Test to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 301/32

Judgment of the Court of First Instance of 13 October 2008 — Neophytou v Commission

(Case T-43/07 P) (1)

(Appeals - Staff cases - Open competition - Rejection of the appellant's candidature - Composition of the selection board for the oral tests - Principle of equal treatment - New pleas in law - Error of law - Appeal in part unfounded and in part founded - Referral back to the Civil Service Tribunal)

(2008/C 301/52)

Language of the case: English

Parties

Applicant: Neophytos Neophytou (Itzig, Luxembourg) (represented by: S. Pappas, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and H. Krämer, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 13 December 2006 in Case F-22/05 Neophytou v Commission [2006] ECR-SC II-A-1-617 seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal of 13 December 2006 in Case F-22/05 Neophytou v Commission to the extent that the Civil Service Tribunal held that the submissions, with the exception of the last, put forward by Mr Neophytos Neophytou at the hearing at first instance and summarised in paragraph 27 of that judgment, were inadmissible;

2. Dismisses the remainder of the appeal;

3. Refers the case back to the Civil Service Tribunal;

4. Orders that the costs be reserved.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 32/32

Judgment of the Court of First Instance of 17 December 2008 — Somm v OHIM

(Case T-351/07) (1)

(Community trade mark - Application for Community tri-dimensional mark - Shelter for shade - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired by use - Article 7(3) of Regulation (EC) No 40/94)

(2009/C 32/61)

Language of the case: Italian

Parties

Applicant: Somm Srl (San Mauro Torinese, Italy) (represented by: M. Ferro, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning an application for registration of a tri-dimensional sign representing a shelter for shade as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Somm Srl to pay the costs.

(1) OJ C 283, 24.11.2007.
EN Official Journal of the European Union C 6/26

Judgment of the Court of First Instance of 12 November 2008 — Weiler v OHIM — IQNet Association — The International Certification Network (Q2WEB)

(Case T-242/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark Q2WEB - Earlier Community word mark QWEB and earlier Community figurative mark QWEB Certified Site - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94)

(2009/C 6/53)

Language of the case: German

Parties

Applicant: Dieter Weiler (Pulheim, Germany) (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: R. Pethke, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: IQNet Association — The International Certification Network (Berne, Switzerland) (represented by: A. Masetti Zannini de Concina, M. Bucarelli and P. Bodenham, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 March 2007 (Case R 893/2005-1) concerning invalidity proceedings between CISQ Federazione Certificazione Italiana Sistemi di Qualità Aziendali, then IQNet Association — The International Certification Network, and Mr Weiler

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Dieter Weiler to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 113/34

Judgment of the Court of First Instance of 25 March 2009 — allsafe Jungfalk v OHIM (ALLSAFE)

(Case T-343/07) (1)

(Community trade mark - Application for the Community word mark ALLSAFE - Absolute grounds for refusal of registration - Absence of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

2009/C 113/70

Language of the case: German

Parties

Applicant: allsafe Jungfalk GmbH & Co. KG (Engen, Germany) (represented by: P. Mes, J. Bühling, C. Graf von der Groeben, G. Rother, A. Verhauwen, J. Künzel, D. Jestaedt and M. Bergermann, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 July 2007 (Case R 454/2006-4) concerning the registration of the word sign ALLSAFE as a community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders allsafe Jungfalk GmbH & Co. KG to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 55/23

Judgment of the Court of First Instance of 22 January 2009 — Commercy v OHIM — easyGroup IP Licensing (easyHotel)

(Case T-316/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark easyHotel - Earlier national word mark EASYHOTEL - Relative ground for refusal - Lack of similarity of the goods and services - Articles 8(1)(b) and 52(1)(a) of Regulation (EC) No 40/94 - Legal aid - Application lodged by the receiver for a commercial company - Article 94(2) of the Rules of Procedure)

(2009/C 55/42)

Language of the case: German

Parties

Applicant: Commercy AG (Weimar, Germany) (represented by: F. Jaschke, initially, and S. Grosse and I. Müller, subsequently, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: T. Koerl and S. Möbus, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 June 2007 (Case R 1295/2006-2) concerning invalidity proceedings between Commercy AG and easyGroup IP Licensing Ltd.

Operative part of the judgment

The Court:

1. Dismisses the application for legal aid;

2. Dismisses the action;

3. Orders Commercy AG to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 180/45

Judgment of the Court of First Instance of 17 June 2009 — Portugal v Commission

(Case T-50/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Arable crops - Durum wheat - Period of 24 months - First communication referred to in Article 8(1) of Regulation (EC) No 1663/95 - On-the-spot checks - Remote sensing - Effectiveness of checks - Results of checks - Corrective action to be taken by the Member State concerned - Existence of financial harm to the EAGGF)

2009/C 180/82

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Fernandes, P. Barros da Costa, Agents, assisted by M. Figueiredo, lawyer)

Defendant: Commission of the European Communities (represented by: P. Guerra e Andrade and F. Jimeno Fernández, Agents)

Re:

Application for partial annulment of Commission Decision 2006/932/EC of 14 December 2006 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 2006 L 355, p. 96), in so far as it excludes from Community financing certain expenditure incurred by the Portuguese Republic in the sector of arable crops (durum wheat).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund EAGGF in so far as that decision excludes in respect of the Portuguese Republic certain expenditure incurred in the sector of arable crops (durum wheat) during the marketing year 2003;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 141/39

Judgment of the Court of First Instance of 29 April 2009 — Bodegas Montebello v OHIM — Montebello (MONTEBELLO RHUM AGRICOLE)

(Case T-430/07) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark MONTEBELLO RHUM AGRICOLE - Earlier national word mark MONTEBELLO - Relative ground for refusal - No likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 141/79

Language of the case: Spanish

Parties

Applicant: Bodegas Montebello, SA (Montilla, Spain) (represented by: T. Andrade Boué, I. Lehmann Novo and A. Hernández Lehmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. López Fernández de Corres and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Montebello SARL (Petit-Bourg, France) (represented by: G.-G. Lamoureux, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 September 2007 (Case R 223/2007-2), relating to opposition proceedings between Bodegas Montebello, SA and Montebello SARL

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Bodegas Montebello, SA to pay the costs.

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 267/58

Judgment of the Court of First Instance of 23 September 2009 — Poland v Commission

(Case T-183/07) (1)

(Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gas allowances - National allocation plan for emission allowances for Poland for the period from 2008 to 2012 - Three month time-limit - Respective powers of the Member States and the Commission - Equal treatment - Duty to state reasons - Article 9(1) and (3) and Article 11(2) of Directive 2003/87)

2009/C 267/100

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented initially by: E. Ośniecka-Tamecka, then by T. Nowakowski, then by T. Kozek, then by M. Dowgielewicz, and finally by M. Dowgielewicz, M. Jarosz and M. Nowacki, acting as Agents)

Defendant: Commission of the European Communities (represented by: U. Wölker and K. Herrmann, acting as Agents)

Interveners in support of the applicant: Republic of Hungary (represented by: J. Fazekas, R. Somssich and M. Fehér, acting as Agents); Republic of Lithuania (represented by: D. Kriaučiūnas, acting as Agent); and the Slovak Republic (represented by: J. Čorba and B. Ricziová, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: Z. Bryanston-Cross and C. Gibbs, acting as Agents, assisted by H. Mercer, Barrister, then by I. Rao and S. Ossowski, acting as Agents, assisted by J. Maurici, Barrister)

Re:

Application for the annulment, in whole or in part of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by Poland for the period from 2008 to 2012 in accordance with European Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by Poland for the period from 2008 to 2012 in accordance with European Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;

2. Orders the Commission to pay, in addition to its own costs, those incurred by the Republic of Poland;

3. Orders the Republic of Hungary, the Republic of Lithuania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 233/14

Judgment of the Court of First Instance of 8 June 2009 — Krcova v Court of Justice

(Case T-498/07 P) (1)

(Appeal - Staff case - Officials - Recruitment - Probationary period - Extension of the probationary period - End of probation report - Dismissal at the end of the probationary period - Article 34 of the Staff Regulations - Obligation on the Civil Service Tribunal to state reasons)

2009/C 233/23

Language of the case: French

Parties

Appellant: Erika Krcova (Trnava, Slovakia) (represented by: J. Rooy, lawyer)

Other party to the proceedings: Court of Justice of the European Communities (represented by: M. Schauss initially, then A.V. Placco, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 18 October 2007 in Case F-112/06 Krcova v Court of Justice ECR-SC I-A-0000, for that judgment to be set aside.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Erika Krcova to bear her own costs and to pay those incurred by the Court of Justice of the European Communities before the Court of First Instance.

(1) OJ C 209, 15.8.2008.