ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 304/17

Judgment of the General Court of (Fourth Chamber) of 6 September 2013 — Sepro Europe v Commission

(Case T-483/11) (1)

(Plant-protection products - Active substance flurprimidol - Non-inclusion of flurprimidol in Annex I to Directive 91/414/EEC - Regulation (EC) No 33/2008 - Accelerated assessment procedure - Manifest error of assessment - Rights of the defence - Proportionality - Obligation to state reasons)

2013/C 304/28

Language of the case: English

Parties

Applicant: Sepro Europe Ltd (Harrogate, United Kingdom) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented by: P. Ondrůšek and G. von Rintelen, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2011/328/EU of 1 June 2011 concerning the non-inclusion of flurprimidol in Annex I to Council Directive 91/414/EEC (OJ 2011 L 153, p. 192)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sepro Europe Ltd to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 331, 12.11.2011.
EN Official Journal of the European Union C 225/75

Judgment of the General Court of 6 June 2013 — VIP Car Solutions v Parliament

(Case T-668/11) (1)

(Non-contractual liability - Public service contracts - Community procurement procedure - Transport of Members of the European Parliament in chauffeur-driven cars and minibuses during sessions at Strasbourg - Rejection of the bid of a tenderer - Annulment by the General Court of the rejection decision - Loss allegedly suffered following the decision rejecting the applicant’s bid - Action for damages)

2013/C 225/166

Language of the case: French

Parties

Applicant: VIP Car Solutions SARL (Hoenheim, France) (represented by: G. Welzer, lawyer)

Defendant: European Parliament (represented initially by: G. Hellinckx and M. Mraz and subsequently by: L. Darie and M. Mraz, acting as Agents)

Re:

Action for damages seeking compensation for the loss which the applicant claims to have suffered as a result of the Parliament’s decision of 24 January 2007 rejecting its tender submitted in the context of the tender procedure relating to transport for Members of the European Parliament in chauffeur-driven cars and minibuses during part-sessions in Strasbourg (PE/2006/06/UTD/1), subsequently annulled by the judgment in Case T-89/07 VIP Car Solutions v Parliament [2009] ECR II-1403.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders VIP Car Solutions SARL to pay the costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 336/20

Judgment of the General Court of 16 September 2013 — Golden Balls Ltd v OHIM — Intra-Presse (GOLDEN BALLS)

(Case T-448/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GOLDEN BALLS - Earlier Community word mark BALLON D’OR - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Application for annulment filed by the intervener - Article 134(3) of the Rules of Procedure of the General Court - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009)

2013/C 336/39

Language of the case: English

Parties

Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough QC, and S. Smith, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Intra-Presse (Boulogne-Billancourt, France) (P. Péters, T. de Haan and M. Laborde, lawyers)

Re:

Application for annulment of the decision of the First Board of Appeal of OHIM of 22 June 2011 (R 1432/2010-1) relating to opposition proceedings between Intra-Presse and Golden Balls Ltd.

Operative part of the judgment

The Court:

1. Annuls point 1 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2011 (Case R 1432/2010-1);

2. Rejects the application for annulment submitted by Intra-Presse;

3. Orders OHIM to bear, in addition to its own costs, those incurred by Golden Balls Ltd, with the exception of the latter’s costs concerning the application for annulment based on Article 134(3) of the Rules of Procedure;

4. Orders Intra-Presse to bear, in addition to its own costs, those incurred by Golden Balls Ltd concerning the application for annulment based on Article 134(3) of the Rules of Procedure.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 313/23

Judgment of the General Court of 16 September 2013 — De Nicola v EIB

(Case T-418/11 P) (1)

(Appeal - Civil service - EIB staff - Sickness insurance - Refusal to reimburse medical expenses - Request to designate an independent doctor - Reasonable period - Rejection of a request to institute arbitration proceedings - Claim for setting aside - Claim for reimbursement of medical expenses - Lis pendens)

2013/C 313/45

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-49/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal (First Chamber) in Case F-49/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the European Investment Bank (EIB) rejecting his request to designate a third doctor;

2. Dismisses the remainder of the appeal;

3. Annuls the EIB’s decision rejecting, on the ground of having been submitted out of time, Mr De Nicola’s request to designate a third doctor;

4. Orders Mr De Nicola and the EIB to bear their own costs relating to the proceedings at first instance and on appeal.

(1) OJ C 282, 24.9.2011.
Official Journal of the European Union

Judgment of the General Court of 28 January 2014 — Progust v OHIM — Sopralex & Vosmarques (IMPERIA)

(Case T-216/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark IMPERIA - Earlier Community figurative mark IMPERIAL - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2014/C 71/27)

Language of the case: Spanish

Parties

Applicant: Progust, SL (Girona, Spain) (represented by: initially M. E. López Camba, J. L. Rivas Zurdo, E. Seijo Veiguela and I. Munilla Muñoz, then J. L. Rivas Zurdo, E. Seijo Veiguela et I. Munilla Muñoz, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Sopralex & Vosmarques SA (Brussels, Belgium) (represented by: P. Maeyaert and V. Fossoul, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 January 2011 (Case R 1036/2010-1) relating to opposition proceedings between Sopralex & Vosmarques SA and Progust, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Progust, SL to pay the costs.

(1) OJ C 194, 2.7.2011.
EN Official Journal of the European Union C 377/13

Judgment of the General Court of 7 November 2013 — Budziewska v OHIM — Puma (Bounding feline)

(Case T-666/11) (1)

(Community design - Invalidity proceedings - Registered Community design representing a bounding feline - Earlier designs - Ground for invalidity - Lack of individual character - Informed user - Degree of freedom of the designer - Overall impression not different - Article 6 and Article 25(1)(b) of regulation (EC) No 6/2002)

2013/C 377/29

Language of the case: Polish

Parties

Applicant: Danuta Budziewska (Łódź, Poland) (represented by: J. Masłowski, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 23 September 2011 (Case R 1137/2010-3) relating to invalidity proceedings between Puma AG Rudolf Dassler Sport and Danuta Budziewska.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Danuta Budziewska to pay the costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 159/22

Judgment of the General Court of 8 April 2014 — ABN Amro Group v Commission

(Case T-319/11) (1)

((State aid - Financial sector - Aid intended to remedy a serious disturbance in the economy of a Member State - Article 107(3)(b) TFEU - Decision declaring the aid compatible with the internal market - Conditions of authorisation of the aid - Prohibition of carrying out acquisitions - Conformity with the Commission’s notices concerning aid to the financial sector in the context of the financial crisis - Proportionality - Equal treatment - Principle of sound administration - Duty to state reasons - Right of property))

2014/C 159/29

Language of the case: English

Parties

Applicant: ABN Amro Group NV (Amsterdam, Netherlands) (represented by: W. Knibbeler and P. van den Berg, lawyers)

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

Re:

Annulment in part of Commission Decision 2011/823/EU of 5 April 2011 on the measures C 11/09 (ex NN 53b/08, NN 2/10 and N 19/10) implemented by the Dutch State for ABN Amro Group NV (created following the merger between Fortis Bank Nederland and ABN Amro N) (OJ 2011 L 333, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ABN Amro Group NV to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 112/27

Judgment of the General Court of 27 February 2014 — InnoLux v Commission

(Case T-91/11) (1)

((Competition - Agreements, decisions and concerted practices - Worldwide market for liquid crystal display (LCD) panels - Agreements and concerted practices concerning prices and production capacity - Territorial jurisdiction - Internal sales - Sales of finished products incorporating cartelised products - Single and continuous infringement - Fines - Rounding method - Unlimited jurisdiction))

2014/C 112/34

Language of the case: English

Parties

Applicant: InnoLux Corp., formerly Chimei InnoLux Corp. (Zhunan, Taiwan) (represented by: J.-F. Bellis, lawyer, and R. Burton, Solicitor)

Defendant: European Commission (represented by: P. Van Nuffel, F. Ronkes Agerbeek and A. Biolan, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2010) 8761 final of 8 December 2010 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39.309 — LCD — Liquid Crystal Displays), and for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Sets at EUR 288 000 000 the fine imposed on InnoLux Corp., formerly Chimei InnoLux Corp., in Article 2 of Commission Decision C(2010) 8761 final of 8 December 2010 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39.309 — LCD — Liquid Crystal Displays);

2. Dismisses the action as to the remainder;

3. Orders InnoLux to pay the costs.

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 372/13

Judgment of the General Court of 5 September 2014 — Éditions Odile Jacob v Commission

(Case T-471/11) (1)

((Competition - Concentrations - Book publishing market - Decision declaring the concentration compatible with the common market subject to sale of assets - Decision approving the purchaser of the assets sold - Decision taken following the annulment by the General Court of the initial decision concerning the same procedure - Legal interest in bringing proceedings - Breach of Article 266 TFEU - Failure to comply with the commitments imposed by the conditional clearance decision - Distinction between conditions and obligations - Principle of non-retroactivity - Assessment of the prospective purchaser - Purchaser’s independence from the seller - Misuse of power - Obligation to state reasons))

2014/C 372/16

Language of the case: French

Parties

Applicant: Éditions Odile Jacob SAS (Paris, France) (represented initially by O. Fréget, M. Struys and L. Eskenazi, then by O. Fréget, L. Eskenazi and D. Béranger and lastly by O. Fréget and L. Eskenazi, lawyers)

Defendant: European Commission (represented by: C. Giolito, O. Beynet and S. Noë, acting as Agents)

Interveners in support of the defendant: Lagardère SCA (Paris, France) (represented by: A. Winckler, F. de Bure, J.-B. Pinçon and L. Bary, lawyers); and Wendel (Paris) (represented by: M. Trabucchi, F. Gordon and A. Gosset-Grainville, lawyers)

Re:

Application for annulment of Commission Decision C (2011) 3503 of 13 May 2011, adopted in Case COMP/M.2978 — Lagardère/Natexis/VUP following the judgment of 13 September 2010 in Éditions Odile Jacob v Commission (T-452/04, ECR, EU:T:2010:385), by which the Commission once again approved Wendel Investissement as purchaser of the assets sold pursuant to the commitments attached to the Commission’s decision of 7 January 2004 authorising the concentration Lagardère/Natexis/VUP.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Éditions Odile Jacob SAS to pay the costs, including those incurred in the proceedings for interim measures.

(1) OJ C 305, 15.10.2011.
EN Official Journal of the European Union C 253/24

Judgment of the General Court of 18 June 2014 — Spain v Commission

(Case T-260/11) (1)

((Fisheries - Conservation of fishery resources - Spain exceeding mackerel fishing quotas in zones VIIIc, IX and X in EU waters of CECAF 34.1.1 for 2010 - Deductions from fishing quotas for 2011 to 2015 - Rights of the defense - Legal certainty - Legitimate expectations - Equal treatment))

2014/C 253/34

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially N. Díaz Abad and L. Banciella Rodríguez-Miñón, then M. Sampoll Pucurull and Banciella Rodríguez-Miñón, abogados del Estado)

Defendant: European Commission (represented by: A. Bouquet, F. Jimeno Fernández and D. Nardi, Agents)

Re:

Annulment of Commission Regulation (EU) No 165/2011 of 22 February 2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 (OJ 2011 L 48, p. 11).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 211, 16.7.2011.
EN Official Journal of the European Union C 462/21

Judgment of the General Court of 12 November 2014 — Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL)

(Case T-525/11) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark LOVOL - Earlier Community word and figurative marks and earlier national figurative marks VOLVO - Relative ground for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009))

(2014/C 462/32)

Language of the case: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: M. Treis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hebei Aulion Heavy Industries Co., Ltd. (Zhangjiakou, China) (represented by: A. Alejos Cutuli, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 June 2011 (Case R 1868/2010-1), concerning opposition proceedings between Volvo Trademark Holding AB and Hebei Aulion Heavy Industries Co., Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Volvo Trademark Holding AB to pay the costs.

(1) OJ C 355, 3.12.2011.
Judgment of the General Court of 26 September 2014 — Evropaïki Dynamiki v Commission

(Case T-498/11) (1)

((Public service contracts - Tender procedure - Renovation of a website - Rejection of a tenderer’s tender - Award of contract to another tenderer - Action for annulment - Obligation to state reasons - Award criteria - Manifest errors of assessment - Claim for damages))

(2014/C 395/36)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, M. Dermitzakis and N. Theologou, lawyers)

Defendant: European Commission (represented by: S. Delaude and F. Moro, Agents, assisted by P. Wytinck and T. Ruys, lawyers)

Re:

Application (i) for annulment of the decision of the Publications Office of the European Union rejecting the tender submitted by the applicant concerning a supply of services relating to the revamping of the website of the European Anti-Fraud Office (OLAF) and of the decision to award the contract to another tenderer, and (ii) for damages.

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 347, 26.11.2011.
EN Official Journal of the European Union C 46/42

Judgment of the General Court of 11 December 2014 — Austria v Commission

(Case T-251/11) (1)

((State aid - Electricity - Aid for energy-intensive businesses - Austrian Green Electricity Act - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - State imputability - Selective nature - General Block Exemption Regulation - Misuse of power - Equal treatment))

(2015/C 046/50)

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: C. Pesendorfer, J. Bauer, acting as Agents, assisted by T. Rabl, lawyer)

Defendant: European Commission (represented initially by: V. Kreuschitz and T. Maxian Rusche, then by T. Maxian Rusche and R. Sauer, acting as Agents)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by: S. Behzadi-Spencer and S. Ossowski, then by S. Behzadi-Spencer and L. Christie, acting as Agents)

Re:

Application for annulment of Commission Decision 2011/528/EU of 8 March 2011 on State Aid C-24/09 (ex N 446/08) — State aid for energy-intensive businesses under the Green Electricity Act in Austria (OJ 2011 L 235, p. 42).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Austria to pay the costs;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 232, 6.8.2011.
Judgment of the General Court of 27 November 2014 — Hesse and Lutter & Partner v OHIM — Porsche (Carrera)

(Case T-173/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Carrera - Earlier Community and national word marks CARRERA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation No 207/2009 - Partial substitution of a party to the proceedings)

(2015/C 016/47)

Language of the case: German

Parties

Applicants: Kurt Hesse (Nuremberg, Germany) (represented by: M. Krogmann, lawyer) and Lutter & Partner GmbH (Garching, Germany) (represented by: H. Lindner, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Dr. Ing. h.c. F. Porsche AG (Stuttgart, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 306/2010-4) concerning opposition proceedings between Dr. Ing. h.c. F. Porsche AG and Mr Kurt Hesse.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Kurt Hesse and Lutter & Partner GmbH to bear their own costs and orders each of them to pay one half of the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Dr. Ing. h.c. F. Porsche AG.

(1) OJ C 145, 14.5.2011.
EN Official Journal of the European Union C 198/28

Judgment of the General Court of 30 April 2015 — Al-Chihabi v Council

(Case T-593/11) (1)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Rights of the defence - Obligation to state reasons - Error of assessment - Right to property - Right to respect for private life - Proportionality))

(2015/C 198/37)

Language of the case: English

Parties

Applicant: Fares Al-Chihabi (Aleppo, Syria) (represented initially by L. Ruessmann and W. Berg, lawyers, and subsequently by L. Ruessmann and J. Beck, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Intervener in support of the defendant: European Commission (represented initially by S. Boelaert and T. Scharf, and subsequently by T. Scharf and M. Konstantinidis, acting as Agents)

Re:

Application for annulment of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1), Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273 (OJ 2011 L 319, p. 56), Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation No 442/2011 (OJ 2012 L 16, p. 1), Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782 (OJ 2012 L 330, p. 21), Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation No 36/2012 (OJ 2012 L 330, p. 9), Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation No 36/2012 (OJ 2013 L 111, p. 1), and Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), and any subsequent legislation to the extent that it maintains or replaces those acts in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Fares Al-Chihabi to bear his own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 25, 28.1.2012.