ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 200/17

Judgment of the General Court of 22 April 2016 — Ireland and Aughinish Alumina v Commission

(Joined Cases T-50/06 RENV II and T-69/06 RENV II) (1)

((State aid - Directive 92/81/EEC - Excise duties on mineral oils - Mineral oils used as fuel for alumina production - Exemption from excise - Existing or new aid - Article 1(b)(i), (iii) and (iv) of Regulation (EC) No 659/1999 - Legal certainty - Legitimate expectations - Reasonable time - Principle of sound administration - Misuse of powers - Obligation to state reasons - Concept of State aid - Advantage - Effect on trade between Member States - Distortion of competition))

(2016/C 200/24)

Language of the case: English

Parties

Applicants: Ireland (represented by: E. Creedon, A. Joyce and E. McPhillips, acting as Agents, and P. McGarry, Senior Counsel); Aughinish Alumina Ltd (Askeaton, Ireland) (represented by: C. Waterson, C. Little and J. Handoll, Solicitors)

Defendant: European Commission (represented by: V. Di Bucci, N. Khan, G. Conte, D. Grespan and K. Walkerová, acting as Agents)

Re:

Application for the annulment of Commission Decision 2006/323/EC of 7 December 2005 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia respectively implemented by France, Ireland and Italy (OJ 2006 L 119, p. 12), to the extent that that decision concerns the exemption from excise duty on mineral oils used as fuel for alumina production in the Shannon region (Ireland).

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Ireland to bear its own costs and to pay three quarters of the costs incurred by the Commission in Cases T-50/06, T-50/06 RENV I and T-50/06 RENV II and three twentieths of the costs incurred by the Commission in Cases C-89/08 P and C-272/12 P;

3. Orders Aughinish Alumina Ltd to bear its own costs and to pay three quarters of the costs incurred by the Commission in Cases 0T-69/06, T-69/06 RENV I and T-69/06 RENV II, three twentieths of the costs incurred by the Commission in Cases C-89/08 P and C-272/12 P and all the costs in Case T-69/06 R;

4. Orders the Commission to bear one quarter of its own costs in Joined Cases T-50/06 and T-69/06, Joined Cases T-50/06 RENV I and T-69/06 RENV I and Joined Cases T-50/06 RENV II and T-69/06 RENV II and one fifth of its own costs in Cases C-89/08 P and C-272/12 P.

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 355/19

Judgment of the General Court of 27 September 2012 — Kuwait Petroleum and Others v Commission

(Case T-370/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Cooperation during the administrative procedure - Significant added value - Equal treatment - Rights of the defence)

2012/C 355/38

Language of the case: English

Parties

Applicants: Kuwait Petroleum Corp. (Shuwaikh, Kuwait), Kuwait Petroleum International Ltd (Woking, United Kingdom) and Kuwait Petroleum (Nederland) BV (Rotterdam, Netherlands) (represented by: D. Hull, Solicitor, and G. Berrisch, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, and by L. Gyselen, lawyer)

Re:

APPLICATION, principally, 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)), and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 272/25

Judgment of the Court of First Instance of 8 September 2008 — Kerstens v Commission

(Case T-222/07 P) (1)

(Appeal - Civil Service - Officials - Career development report - Time limit for lodging a complaint - Lateness - Appeal not founded)

(2008/C 272/48)

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: D. Martin and K. Herrmann, acting as Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Second Chamber) on 25 April 2007 in Case F-59/06 Kerstens v Commission, not yet published in the ECR, and seeking annulment of that order

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Petrus Kerstens to pay the costs.

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 183/19

Judgment of the Court of First Instance of 10 June 2008 — Gabel Industria Tessile SpA v OHIM — Creaciones Garel (GABEL)

(Case T-85/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark GABEL - Earlier Community figurative mark GAREL - Partial refusal of registration - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Article 62(1) of Regulation (EC) No 40/94)

(2008/C 183/40)

Language of the case: Italian

Parties

Applicant: Gabel Industria Tessile SpA (Rovellasca, Italy) (represented by: A. Petruzzelli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Creaciones Garel, SA. (Logroño, Spain)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 960/2006-2), relating to opposition proceedings between Creaciones Garel, SA, and Gabel Industria Tessile SpA.

Operative part of the judgment

The 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 25 January 2007 (Case R 960/2006-2).

2. Dismisses the action as to the remainder.

3. Orders Gabel Industria Tessile SpA and OHIM each to bear their own costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 327/22

Judgment of the Court of First Instance of 4 November 2008 — Group Lottuss Corp v OHIM — Ugly (COYOTE UGLY)

(Case T-161/07) (1)

(Community trade mark - Opposition procedure - Application for the figurative Community mark COYOTE UGLY - Earlier Community word mark COYOTE UGLY - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation(EC) No 40/94)

(2008/C 327/40)

Language of the case: Spanish

Parties

Applicant: Group Lottuss Corp., SL (Barcelona, Spain) (represented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz Avendaño and J. Arribas García, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ugly, Inc. (Cornwall, New York, United States) (represented by: S. Malynicz, barrister, M. Blair and C. Balme, solicitors)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 March 2007 (Joined Cases R 165/2006-2 and R 194/2006-2) concerning an opposition procedure between Ugly Inc. and Group Lottuss Corp., SL.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Group Lottuss Corp., SL to bear all its own costs, to pay four fifths of the costs of the Office for Harmonisation in the Internal Market(Trade Marks and Designs)(OHIM) and to pay four fifths of the costs of Ugly Inc.;

3. orders Ugly Inc. to bear one fifth of its own costs and to pay one fifth of OHIM's costs.

(1) OJ C 155 of 7.7.2007.
EN Official Journal of the European Union C 285/39

Judgment of the Court of First Instance of 24 September 2008 — Anvil Knitwear v OHIM — Aprile e Aprile (Aprile)

(Case T-179/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Aprile - Earlier national word mark ANVIL - Relative ground for refusal - Lack of likelihood of confusion - Obligation to state reasons - Rights of the defence - Articles 8(1)(b), 73 and 74 of Regulation (EC) No 40/94)

(2008/C 285/71)

Language of the case: English

Parties

Applicant: Anvil Knitwear, Inc. (New York, New York, United States) (represented by: G. Würtenberger, R. Kunze and T. Wittmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and O. Mondéjar Ortuño, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Aprile e Aprile Srl (Argelato, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R-1076/2006-2), relating to opposition proceedings between Anvil Knitwear, Inc. and Aprile e Aprile Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Anvil Knitwear, Inc. to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 32/30

Judgment of the Court of First Instance of 10 December 2008 — Dada v OHIM

(Case T-101/07) (1)

(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DADA - Earlier national word mark DADA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94)

(2009/C 32/56)

Language of the case: Italian

Parties

Applicant: Dada SpA (Florence, Italy) (represented by: D. Caneva and G. Locurto, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dada Srl (Udine, Italy) (represented by: M. Cartella and M. Fazzini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating to opposition proceedings between Dada Srl and Dada SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dada SpA to pay the costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 6/25

Judgment of the Court of First Instance of 12 November 2008 — Spain v Commission

(Case T-60/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Fruit and vegetable sector - Environmental protection - Administrative procedure)

(2009/C 6/50)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: Commission of the European Communities (represented by: F. Jimeno Fernández, Agent)

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 and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the fruit and vegetable sector

Operative part of the judgment

The Court:

1. Dismisses the application;

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

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 90/25

Judgment of the Court of First Instance of 4 March 2009 — Professional Tennis Registry v OHIM — Registro Profesional de Tenis (PTR PROFESSIONAL TENNIS REGISTRY)

(Case T-168/07) (1)

(Community trade mark - Opposition proceedings - Application for registration of the figurative mark PTR PROFESSIONAL TENNIS REGISTRY as a Community trade mark - Earlier national and Community figurative mark RPT Registro Profesional de Tenis, S.L. and earlier national figurative mark RPT European Registry of Professional Tennis - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 90/40

Language of the case: English

Parties

Applicant: Professional Tennis Registry, Inc. (Hilton Head Island, South Carolina, United States) (represented by: M. Vanhegan and B. Brandreth, Barristers)

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, intervener before the Court of First Instance: Registro Profesional de Tenis, SL (Madrid, Spain) (represented by: M. Zarobe, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2007, as corrected (Case R 1050/2005-1), concerning opposition proceedings between Registro Profesional de Tenis, SL and Professional Tennis Registry, Inc.

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 28 February 2007, as corrected (Case R 1050/2005-1);

2. Orders OHIM to bear its own costs and to pay the costs incurred by Professional Tennis Registry, Inc.;

3. Orders Registro Profesional de Tenis, SL, to bear its own costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 55/23

Judgment of the Court of First Instance of 21 January 2009 — Hansgrohe v OHIM (AIRSHOWER)

(Case T-307/07) (1)

(Community trade mark - Application for the Community word mark AIRSHOWER - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 55/41)

Language of the case: German

Parties

Applicant: Hansgrohe AG (Schiltach, Germany) (represented by: S. Weidert and J. Zehnsdorf, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 May 2007 (Case R 1281/2006—1) concerning the registration of the word mark ‘AIRSHOWER’ as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hansgrohe AG to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 180/46

Judgment of the Court of First Instance of 18 June 2009 — LIBRO Handelsgesellschaft mbH v OHIM — Dagmar Causley (LiBRO)

(Case T-418/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LiBRO - Earlier Community figurative mark LIBERO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/09) - Partial refusal of registration - Application for annulment brought by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance - Signature of the response setting out grounds of appeal before the Board of Appeal - Admissibility of the appeal before the Board of Appeal)

2009/C 180/84

Language of the case: German

Parties

Applicant: LIBRO Handelsgesellschaft mbH (Guntramsdorf, Austria) (represented by: G. Prantl, lawyer)

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 intervening before the Court of First Instance: Dagmar Causley (Pleidelsheim, Germany) (represented by: W. Günther, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2007 (Case R 1454/2005-4) concerning opposition proceedings between Dagmar Causley and LIBRO Handelsgesellschaft mbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the application of Dagmar Causley;

3. Orders LIBRO Handelsgesellschaft mbH to pay the costs, with the exception of those of Dagmar Causley;

4. Orders Dagmar Causley to bear her own costs.

(1) OJ C 8, 12.01.2008.
EN Official Journal of the European Union C 141/39

Judgment of the Court of First Instance of 24 April 2009 — Sanchez Ferriz and Others v Commission

(Case T-492/07 P) (1)

(Appeal - Staff Cases - Officials - Promotion - 2005 promotion year - Non-inclusion on the list of promoted officials - Multiplication rates for guidance purposes - Articles 6 and 10 of Annex XIII to the Staff Regulations - Legal interest in raising a plea)

2009/C 141/81

Language of the case: French

Parties

Appellants: Carlos Sanchez Ferriz (Brussels, Belgium) and the nine other officials of the Commission of the European Communities whose names appear in the annex to the judgment (represented by: F. Frabetti, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Second Chamber) of 17 October 2007 in Case F-115/06 Sanchez Ferriz and Others v Commission, not yet published in the ECR, seeking annulment of that order.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Carlos Sanchez Ferriz and the nine other Commission officials whose names appear in the annex to bear their own costs and to pay those incurred by the Commission in the present proceedings.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 267/61

Judgment of the Court of First Instance of 16 September 2009 — Dominio de la Vega v OHIM — Ambrosio Velasco (DOMINIO DE LA VEGA)

(Case T-458/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark DOMINIO DE LA VEGA - Earlier Community figurative mark PALACIO DE LA VEGA - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/108

Language of the case: Spanish

Parties

Applicant: Dominio de la Vega, SL (Requena, Spain) (represented by: E. Caballero Oliver and A. Sanz-Bernell y Martinéz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ambrosio Velasco, SA (Dicastillo, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL.

Operative part of the judgment

1. The action is dismissed.

2. Dominio de la Vega, SL is ordered to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 205/33

Judgment of the Court of First Instance of 8 July 2009 — DSV Road v Commission

(Case T-219/07) (1)

(Customs union - Importation of diskettes originating in Thailand - Post-clearance recovery of import duties - Application for remission of import duties - Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92)

2009/C 205/58

Language of the case: Dutch

Parties

Applicant: DSV Road NV (Puurs, Belgium) (represented by: A. Poelmans, A. Calewaert and R. de Wit, lawyers)

Defendant: Commission of the European Communities (represented by: M. Konstantinidis and S. Schønberg, Agents, assisted by F. Tuytschaever, lawyer)

Re:

Application for annulment of the Commission decision of 24 April 2007 informing the Belgian authorities that they may proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there are no grounds for granting remission of those duties (file reference REC 05/02).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders DSV Road NV to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 11/24

Judgment of the Court of First Instance of 12 November 2009 — Spa Monopole v OHIM — De Francesco Import (SpagO)

(Case T-438/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SpagO - Earlier national word mark SPA - Relative ground for refusal - No damage to reputation - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))

2010/C 11/47

Language of the case: German

Parties

Applicant: Spa Monopole, compagnie fermière de Spa SA/NV, (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu, É. De Gryse, D. Moreau, J. Pagenberg, A. von Mühlendahl and S. Abel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: De Francesco Import GmbH, (Nuremberg, Germany) (represented by: D. Terheggen and H. Lindner, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 September 2007 (Case R 1285/2006-2), relating to opposition proceedings between De Francesco Import GmbH and Spa Monopole, compagnie fermière de Spa SA/NV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. orders Spa Monopole, compagnie fermière de Spa SA/NV to pay the costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 267/60

Judgment of the Court of First Instance of 16 September 2009 — Alber v OHIM (hand grip)

(Case T-391/07) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Hand grip - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Duty to give reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Principle of examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009)

2009/C 267/105

Language of the case: German

Parties

Applicant: Alfons Alber (Verona, Italy) (represented by: S.Schneller, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 August 2007 (Case R 361/2007-4) and against the decision of the examiner of OHIM of 16 January 2007 in that case, in so far it rejects Community trade mark application No 4396727 for certain goods covered by that mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alfons Alber to pay the costs.

(1) OJ C 315, 22.12.2007.