ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 421/30

Judgment of the General Court of 16 October 2014 — Eurallumina v Commission

(Case T-308/11) (1)

((State aid - Electricity - Preferential rate - Decision declaring the aid incompatible with the internal market - Concept of State aid - New aid))

2014/C 421/40

Language of the case: Italian

Parties

Applicant: Eurallumina SpA (Portoscuso, Italy) (represented by: V. Leone, lawyer)

Defendant: European Commission (represented by: V. Di Bucci and É. Gippini Fournier, agents)

Re:

By way of principal claim, application for annulment, in so far as it concerns the applicant, of Commission Decision 2011/746/EU of 23 February 2011 on State aid granted by Italy to Portovesme Srl, ILA SpA, Eurallumina SpA and Syndial SpA (State aid measures C 38/B/04 (ex NN 58/04) and C 13/06 (ex N 587/05) (OJ 2011 L 309, p. 1) and, in the alternative, application for annulment of Article 2 and 3 of that decision, the latter in so far as an order is made for restitution of the aid granted to the applicant and, in the further alternative, application for annulment of Article 3 of that same decision, again in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Eurallumina SpA to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 380/8

Judgment of the General Court of 11 September 2014 — Galileo International Technology v OHIM — ESA and Commission (GALILEO)

(Case T-450/11) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark GALILEO - Earlier Community word marks GALILEO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No similarity between the goods and services at issue))

2014/C 380/09

Language of the case: English

Parties

Applicant: Galileo International Technology LLC (Bridgetown, Barbados) (represented by: S. Malynicz, Barrister, M. Blair and K. Gilbert, Solicitors)

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

Other parties to the proceedings before the Board of Appeal of OHIM, interveners before the General Court: European Commission (represented by: J. Samnada and F. Wilman, acting as Agents); European Space Agency (ESA) (Paris, France) (represented by: M. Buydens, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 1423/2005-1), relating to opposition proceedings between Galileo International Technology LLC and the European Union.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Galileo International Technology LLC to bear its own costs and to pay those incurred by OHIM;

3. Orders the European Commission and the European Space Agency to bear their own respective costs.

(1) OJ C 298, 8.10.2011.
1)

Annuls Council Decision 2011/357/CFSP of 20 June 2011, amending Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, Council Regulation (EU) No 588/2011 of 20 June 2011 amending Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, Council Decision 2011/666/CFSP of 10 October 2011 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1000/2011 of 10 October 2011 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, and Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, in so far as those acts concern BelTechExport ZAO;
EN Official Journal of the European Union C 7/21

Judgment of the General Court of 13 November 2014 — Spain v Commission

(Case T-481/11) (1)

((Agriculture - Common organisation of the markets - Fruit and vegetables sector - Citrus fruits - Action for annulment - Confirmatory measure - New and substantial facts - Admissibility - Conditions for marketing - Provisions concerning marking - Indications of preserving agents or other chemical substances used in post-harvest processing - Standard recommendations adopted by the United Nations-Economic Commission for Europe))

(2015/C 007/27)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Rubio González, abogado del Estado)

Defendant: European Commission (represented by: I. Galindo Martin, B. Schima and K. Skelly, acting as Agents)

Re:

Application for annulment of the fifth indent of section VI D, Part B 2 of Annex I to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ 2011 L 157, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 319, 29.10.2011.
EN Official Journal of the European Union C 146/34

Judgment of the General Court of 18 March 2015 — Cahier and Others v Council and Commission

(Case T-195/11, T-458/11, T-448/12 and T-41/13) (1)

((Non-contractual liability - Prohibition for producers of wine obtained from dual-purpose vine varieties from themselves distilling spirits from quantities of wine obtained from dual-purpose vine varieties produced in excess of the quantity normally produced - Application of that legislation by national authorities))

(2015/C 146/45)

Language of the case: French

Parties

Applicants: Jean-Marie Cahier (Montchaude, France) and the other applicants whose names are annexed to the judgment (represented by: C.-É. Gudin, lawyer)

Defendants: Council of the European Union and European Commission (represented by: in Cases T-195/11 and T-458/11, initially É. Sitbon and P. Mahnič Bruni, then É. Sitbon et S. Barbagallo, in Case T-448/12, initially E. Karlsson and É. Sitbon, then E. Karlsson and A. Westerhof Löfflerová and finally E. Karlsson and S. Barbagallo and, in Case T-41/13, S. Barbagallo and E. Karlsson, acting as Agents); and European Commission (represented by: in Case T-195/11, initially D. Bianchi, B. Schima and M. Vollkommer, then D. Bianchi and B. Schima, in Case T-458/11, B. Schima, in Case T-448/12, I. Galindo Martin and B. Schima and, in Case T-41/13, initially A. Marcoulli and B. Schima, then D. Bianchi, B. Schima and A. Marcoulli, acting as Agents)

Re:

Applications for damages for harm that the applicants claim to have suffered as a result of judicial actions and convictions to which they were subject in France, on the ground that they failed to conform, over the course of several wine years, with the compulsory distillation mechanism established by Article 28 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ 1999 L 179, p. 1), and implemented by Commission regulation (EC) No 1623/2000 of 25 July 2000 laying down detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine with regard to market mechanisms (OJ 2000 L 194, p. 45).

Operative part of the judgment

The Court:

1. Orders that Cases T-195/11, T-458/11, T-448/12 and T-41/13 be joined for the purposes of judgment;

2. Dismisses the actions;

3. Orders Jean-Marie Cahier and the other applicants whose names are annexed to the judgment to bear their own costs relating to the main proceedings as well as those incurred by the Council of the European Union and the European Commission;

4. Orders Jean-Marie Cahier and the other applicants in Case T-195/11 to bear their own costs relating to the proceedings for interim measures in Case T-195/11 R;

5. Orders the French Republic to bear its own costs.

(1) OJ C 173, 11.6.2011.
EN Official Journal of the European Union C 56/14

Judgment of the General Court of 17 December 2014 — Si.mobil v Commission

(Case T-201/11) (1)

((Competition - Abuse of dominant position - Slovenian mobile telephone services market - Decision rejecting a complaint - Case being dealt with by the competition authority of a Member State - No EU interest))

(2015/C 056/18)

Language of the case: English

Parties

Applicant: Si.mobil telekomunikacijske storitve d.d. (Ljubljana, Slovenia) (represented by: P. Alexiadis and E. Sependa, Solicitors, and subsequently by P. Alexiadis, P. Figueroa Regueiro and A. Melihen, lawyers)

Defendant: European Commission (represented by: C. Giolito, B. Gencarelli and A. Biolan, and subsequently by C. Giolito and A. Biolan, acting as Agents)

Interveners in support of the defendant: Republic of Slovenia (represented by: T. Mihelič Žitko and V. Klemenc, acting as Agents); and Telekom Slovenije d.d. formerly Mobitel, telekomunikacijske storitve d.d. (Ljubljana, Slovenia) (represented by: J. Sladič and P. Sladič, lawyers)

Re:

Application for annulment of Commission Decision C(2011) 355 final of 24 January 2011 rejecting the applicant’s complaint concerning infringements of Article 102 TFEU allegedly committed by Mobitel on a number of wholesale and retail mobile telephone markets (Case COMP/39.707 — Si.mobil/Mobitel).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Si.mobil telekomunikacijske storitve d.d. to bear its own costs and to pay the costs incurred by the European Commission and by Telekom Slovenije d.d;

3) Orders the Republic of Slovenia to bear its own costs.

(1) OJ C 160, 28.5.2011.
EN Official Journal of the European Union C 38/47

Judgment of the General Court of 9 December 2015 — Greece and Ellinikos Chrysos v Commission

(Cases T-233/11 and T-262/11) (1)

((State aid - Mining sector - Aid granted by the Greek authorities to the mining company Ellinikos Chrysos - Contract for the transfer of a mining operation at a price below the real market value and exemption from taxes on that transaction - Decision declaring the aid measures unlawful and ordering recovery of the aid - Concept of advantage - Private investor test))

(2016/C 038/60)

Languages of the case: Greek and English

Parties

Applicant: Hellenic Republic (represented by: P. Mylonopoulos, V. Asimakopoulos, G. Kanellopoulos and A. Iosifidou, acting as Agents) (Case T-233/11); and Ellinikos Chrysos AE Metalleion kai Viomichanias Chrysou (Kifissia, Greece) (represented initially by K. Adamantopoulos, E. Petritsi, E. Trova and P. Skouris, and subsequently by K. Adamantopoulos, E. Trova, P. Skouris and E. Roussou, lawyers) (Case T-262/11)

Defendant: European Commission (represented by: É. Gippini Fournier and D. Triantafyllou, acting as Agents)

Re:

Action for annulment of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Chrysos AE (OJ 2011 L 193, p. 27).

Operative part of the judgment

The Court:

1. Joins Cases T-233/11 and T-262/11 for the purposes of the judgment;

2. Dismisses the actions;

3. In Case T-233/11, orders the Hellenic Republic to bear its own costs and to pay those incurred by the European Commission;

4. In Case T-262/11, orders Ellinikos Chrysos AE Metalleion kai Viomichanias Chrysou to bear its own costs and to pay those incurred by the Commission.

(1) OJ C 204, 9.7.2011.
EN Official Journal of the European Union C 262/13

Judgment of the General Court of 19 June 2015 — Italy v Commission

(Case T-358/11) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Public storage of sugar - Increase in costs in connection with warehousing rental - Annual inventory of stocks - Physical inspections of storage areas - Legal certainty - Legitimate expectations - Proportionality - Obligation to state reasons - Risk of financial damage to the funds - Effectiveness))

(2015/C 262/17)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Marchini, avvocato dello Stato)

Defendant: European Commission (represented by: P. Rossi and D. Nardi, acting as Agents)

Re:

Action for annulment of Commission Implementing Decision 2011/244/EU of 15 April 2011 of excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2011 L 102, p. 33), in so far as it excludes certain expenditure incurred by the Italian Republic, and of the Commission’s letters of 3 February 2010 and 3 January 2011 as acts preparatory to that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 86/23

Judgment of the General Court of 18 January 2017 –Andersen v Commission

(Case T-92/11 RENV) (1)

((State aid - Rail transport - Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) - Public service contracts for the supply of rail passenger transport services between Copenhagen and Ystad - Decision declaring the aid compatible with the internal market subject to certain conditions - Temporal application of rules of substantive law - Service of general economic interest - Manifest error of assessment))

(2017/C 086/30)

Language of the case: English

Parties

Applicant: Jørgen Andersen (Ballerup, Denmark) (represented by: J. Rivas Andrés and M.-I. Rantou, lawyers)

Defendant: European Commission (represented by: L. Armati and T. Maxian Rusche, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented by: C. Thorning, acting as Agent, assisted by R. Holdgaard, lawyer) and Danske Statsbaner (DSB), (Copenhagen, Denmark) (represented by: M. Honoré, lawyer)

Intervener in support of the applicant: Dansk Tog (Copenhagen, Denmark) (represented by: G. van de Walle de Ghelcke, J. Rivas Andrés and F. Nissen Morten, lawyers)

Re:

Application based on Article 263 TFEU seeking the partial annulment of Commission Decision 2011/3/EU of 24 February 2010 concerning public transport service contracts between the Danish Ministry of Transport and Danske Statsbaner (State aid C 41/08 (ex NN 35/08)) (OJ 2011 L 7, p. 1).

Operative part of the judgment

The Court:

1. Annuls the second paragraph of Article 1 of Commission Decision 2011/3/EU of 24 February 2010 concerning public transport service contracts between the Danish Ministry of Transport and Danske Statsbaner (State aid C 41/08 (ex NN 35/08)) in so far as it concerns the payment of 21 December 2009;

2. Dismisses the remainder of the action;

3. Orders Mr Jørgen Andersen, the European Commission, Dansk Tog, the Kingdom of Denmark and Danske Statsbaner (DSB) to bear their own costs.

(1) OJ C 103, 2.4.2011.
EN Official Journal of the European Union C 48/36

Judgment of the General Court of 16 December 2015 — Deutsche Lufthansa and Others v Commission

(Case T-46/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/40)

Language of the case: English

Parties

Applicants: Deutsche Lufthansa AG (Cologne, Germany); Lufthansa Cargo AG (Frankfurt am Main, Germany); and Swiss International Air Lines AG (Basel, Switzerland) (represented initially by S. Völcker, F. Louis, E. Arsenidou and A. Israel, and subsequently by S. Völcker and J. Orogolas, lawyers)

Defendant: European Commission (represented initially by M. Kellerbauer, S. Noë and N. von Lingen, and subsequently by S. Noë and A. Dawes, acting as Agents, and by J. Anderson, Barrister)

Re:

Application for annulment of Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight).

Operative part of the judgment

The Court:

1. Annuls Articles 1 to 4 of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as they concern Deutsche Lufthansa AG, Lufthansa Cargo AG and Swiss International Air Lines AG;

2. Dismisses the remainder of the action;

3. Orders the European Commission to bear its own costs and to pay those of Deutsche Lufthansa, Lufthansa Cargo and Swiss International Air Lines.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 233/7

Judgment of the General Court of 3 July 2013 — GRE v OHIM — Villiger Söhne (LIBERTE american blend against a blue background)

(Case T-205/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LIBERTE american blend - Earlier Community figurative mark La LIBERTAD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 233/12

Language of the case: German

Parties

Applicant: GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler and S. Schulz, lawyers)

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, intervener before the General Court: Villiger Söhne GmbH (Waldshut-Tiengen, Germany) (represented by: B. Pikolin and H. McKenzie, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 387/2011-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs.

(1) OJ C 209, 14.7.2012.
EN Official Journal of the European Union C 189/22

Judgment of the General Court of 16 May 2013 — Aleris v OHIM — Carefusion 303 (ALARIS)

(Case T-353/12) (1)

(Community trade mark - Revocation proceedings - Community word mark ALARIS - Genuine use of the mark - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009)

2013/C 189/44

Language of the case: English

Parties

Applicant: Aleris Holding AB (Stockholm, Sweden) (represented by: A. Kylhammar and K. Westerberg, lawyers)

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: Carefusion 303, Inc. (San Diego, California, United States)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 11 May 2012 (Case R 334/2011-5) relating to revocation proceedings between Aleris Holding AB and Carefusion 303, Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 May 2002 (Case R 334/2011-5) in so far as it rejects the application for revocation of the trade mark ALARIS in respect of the goods falling within Class 10 other than infusion systems, syringe pumps, volumetric pumps, controllers, thermometers and disposable thermometers;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 352/15

Judgment of the General Court of 15 October 2013 — Electric Bike World Ltd v OHIM — Brunswick (LIFECYCLE)

(Case T-379/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LIFECYCLE - Earlier national word mark LIFECYCLE - Partial refusal of registration by the Board of Appeal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2013/C 352/27

Language of the case: English

Parties

Applicant: Electric Bike World Ltd (Southampton, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Brunswick Corp. (Lake Forest, Illinois, United States of America)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 May 2012 (Case R 2308/2011-1), relating to opposition proceedings between Brunswick Corp. and Electric Bike World Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Electric Bike World Ltd to pay the costs.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 252/30

Judgment of the General Court of 11 July 2013 — Metropolis Inmobiliarias y Restauraciones v OHIM — MIP Metro (METRO)

(Case T-197/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark METRO - Earlier Community figurative mark GRUPOMETROPOLIS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to a fair hearing - Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms - Articles 75 and 76 of Regulation (EC) No 207/2009)

2013/C 252/48

Language of the case: German

Parties

Applicant: Metropolis Inmobiliarias y Restauraciones (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 2440/2010-1), relating to opposition proceedings between Metropolis Inmobiliarias y Restauraciones, SL and MIP Metro Group Intellectual Property GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Metropolis Inmobiliarias y Restauraciones, SL to pay the costs.

(1) OJ C 209, 14.7.2012.
EN Official Journal of the European Union C 24/20

Judgment of the General Court of 6 December 2013 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO)

(Case T-428/12) (1)

(Community trade mark - Application for community word mark VALORES DE FUTURO - Absolute ground for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2014/C 24/36

Language of the case: Spanish

Parties

Applicant: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain) (represented by: J. de Oliveira Vaz Miranda Sousa and N. González-Alberto Rodríguez, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 July 2012 (Case R 2299/2011-2), concerning an application for registration of the word sign VALORES DE FUTURO as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Banco Bilbao Vizcaya Argentaria, SA to pay the costs.

(1) OJ C 366, 24.11.2012.