ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 383/11

Judgment of the General Court of 8 September 2016 — Generics (UK) v Commission

(Case T-469/13) (1)

((Competition - Agreements, decisions and concerted practices - Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram - Concept of restriction of competition ‘by object’ - Potential competition - Generic medicinal products - Barriers to market entry resulting from the existence of patents - Agreements concluded between a patent holder and a generic undertaking - Error of law - Error of assessment - Rights of defence - Fines))

(2016/C 383/15)

Language of the case: English

Parties

Applicant: Generics (UK) Ltd (Potters Bar, United Kingdom) (represented by: I. Vandenborre and T. Goetz, lawyers)

Defendant: European Commission (represented initially by J. Bourke, F. Castilla Contreras and T. Vecchi, and subsequently by F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, assisted by S. Kingston, Barrister)

Re:

Application for annulment of Commission Decision C(2013) 3803 final of 19 June 2013 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39226 — Lundbeck), and for reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Generics (UK) Ltd to pay the costs.

(1) OJ C 325, 9.11.2013.
Official Journal of the European Union

Judgment of the General Court of 13 December 2018 — Comune di Milano v Commission

(Case T-167/13) (1)

((State aid - Ground-handling services - Capital injections provided by SEA in favour of SEA Handling - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of aid - Imputability to the State - Private investor test - Principle of the right to be heard - Rights of the defence - Right to good administration - Legitimate expectations))

(2019/C 82/24)

Language of the case: Italian

Parties

Applicant: Comune di Milano (Italy) (represented by: S. Grassani and A. Franchi, lawyers)

Defendant: European Commission (represented by: G. Conte and D. Grespan, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Decision (EU) 2015/1225 of 19 December 2012 regarding injections of capital by SEA SpA into SEA Handling SpA [SA.21420 (C 14/10) (ex NN 25/10) (ex CP 175/06)] (OJ 2015 L 201, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Comune di Milano to pay the costs, including those relating to the interim proceedings.

(1) OJ C 129, 4.5.2013.
EN Official Journal of the European Union C 96/18

Judgment of the General Court of 6 February 2015 — BQ v Court of Auditors

(Case T-7/14 P) (1)

((Appeal - Civil Service - Officials - Staff report - Psychological harassment - Dismissal in part of the action for compensation at first instance - Distortion of the facts - Duty of the Civil Service Tribunal to state reasons - Proportionality - Allocation of costs))

(2015/C 096/23)

Language of the case: French

Parties

Appellant: BQ (Béreldange, Luxembourg) (represented by: D. de Abreu Caldas, J.-N. Louis and M. de Abreu Caldas, lawyers)

Other party to the proceedings: Court of Auditors of the European Union (represented initially by: T. Kennedy, B. Schäfer and I. Ni Riagáin Düro, and subsequently by: B. Schäfer and I. Ni Riagáin Düro, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 23 October 2013, BQ v Court of Auditors (F-39/12, ECR-SC, EU:F:2013:158) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr BQ to bear, in the present instance, his own costs and to pay those incurred by the European Court of Auditors.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 421/41

Judgment of the General Court of 16 October 2014 — Schönberger v Court of Auditors

(Case T-26/14 P) (1)

((Appeal - Civil service - Officials - Promotion - 2011 promotion year - Guiding multiplication rates - Inter partes proceedings))

2014/C 421/58

Language of the case: German

Parties

Appellant: Peter Schönberger (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

Other party to the proceedings: Court of Auditors of the European Union (represented by: B. Schäfer and I. Ní Riagáin Düro, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 5 November 2013 in Schönberger v Court of Auditors (F-14/12, ECR-SC, EU:F:2013:167), seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 5 November 2013 in Schönberger v Court of Auditors (F-14/12);

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

3. Reserves the costs.

(1) OJ C 93, 29.3.2014.
EN Official Journal of the European Union C 221/13

Judgment of the General Court of 21 May 2015 — La Zaragozana v OHIM — Charles Cooper (GREEN’S)

(Case T-197/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative trade mark GREEN’S - Earlier national word mark AMBAR GREEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 221/17)

Language of the case: English

Parties

Applicant: La Zaragozana, SA (Zaragoza, Spain) (represented by: L. Broschat García, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Charles Cooper Ltd (Leeds, United Kingdom) (represented by: H. Granado Carpenter and L. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 21 January 2014 (Case R 1284/2012-5), relating to opposition proceedings between La Zaragozana, SA and Charles Cooper Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders La Zaragozana, SA to pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 138/48

Judgment of the General Court of 6 March 2015 — Novomatic v OHIM — Berentzen Mally Marketing plus Services (BLACK JACK TM)

(Case T-257/14) (1)

((Community trade mark - Opposition Proceedings - Application for Community figurative mark BLACK JACK TM - Earlier Community word and figurative marks BLACK TRACK - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 138/62)

Language of the case: German

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, and subsequently by S. Hanne, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Berentzen Mally Marketing plus Services GmbH (Meerbusch, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2014 (Case R 329/2012-4), relating to opposition proceedings between Berentzen Mally Marketing plus Services GmbH and Novomatic AG.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 February 2014 (Case R 329/2012-4);

2. Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal.

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 279/35

Judgment of the General Court of 7 July 2015 — Federcoopesca and Others v Commission

(Case T-312/14) (1)

((Application for annulment - Fisheries - Community control system for ensuring compliance with the rules of the common fisheries policy - Commission Decision implementing an action plan aiming at filling gaps in the Italian fisheries control system - Measure not itself modifying the legal situation of the applicant - Not individually affected - Inadmissibility))

(2015/C 279/43)

Language of the case: Italian

Parties

Applicants: Federazione nazionale delle cooperative della pesca (Federcoopesca) (Rome, Italy); Associazione Lega Pesca (Rome); Associazione generale cooperative italiane settore agro ittico alimentare (AGCI AGR IT AL) (Rome) (represented by: L. Caroli, S. Ventura and V. Cannizzaro, lawyers)

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

Re:

Application for annulment of Commission Decision C (2013) 8635 final of 6 December 2013 concerning an action plan implementing aiming at filling gaps in the Italian fisheries control system.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Federazione nazionale delle cooperative della pesca (Federcoopesca), Associazione Lega Pesca and Associazione generale cooperative italiane settore agro ittico alimentare (AGCI AGR IT AL) to pay the costs.

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 236/41

Judgment of the General Court of 9 June 2015 — Navarro v Commission

(Case T-556/14 P) (1)

((Appeal - Civil service - Members of the contract staff - Recruitment - Call for expressions of interest - Minimum qualifications required - Refusal to offer employment - Infringement of Article 116(2) of the Rules of Procedure of the Civil Service Tribunal - Error of law - Distortion of the facts))

(2015/C 236/55)

Language of the case: French

Parties

Appellant: Victor Navarro (Sterrebeek, Belgium) (represented by: S. Rodrigues and A. Blot, lawyers)

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

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 21 May 2014 in Navarro v Commission (F-46/13, ECR-SC, EU:F:2014:104) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Victor Navarro to pay the costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 354/36

Judgment of the General Court of 10 September 2015 — Laverana v OHIM (BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA)

(Case T-572/14) (1)

((Community trade mark - Application for Community figurative mark BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 354/43)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by: J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 May 2014 (Case R 527/2014-4) concerning an application for registration of the figurative sign BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laverana GmbH & Co. KG to bear the costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 346/25

Judgment of the General Court of 9 September 2015 — Pérez Gutiérrez v Commission

(Case T-168/14) (1)

((Non-contractual liability - Public health - Directive 2011/37/EC - Manufacture, presentation and sale of tobacco products - Colour photographs proposed by the Commission as health warnings to appear on tobacco packages - Decision 2003/641/EC - Unauthorised use of the image of a deceased person - Harm suffered personally by the widow of the deceased person))

(2015/C 346/29)

Language of the case: Spanish

Parties

Applicant: Ana Pérez Gutiérrez (Mataró, Spain) (represented by: J. Soler Puebla, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and C. Cattabriga, acting as Agents)

Re:

Action for damages seeking, firstly, compensation for the harm allegedly suffered by the applicant as a consequence of the unauthorised use of her late husband’s picture among the photographs proposed by the Commission for the health warnings to be shown on tobacco packages pursuant to the first subparagraph of Article 5(3) of Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ 2001 L 194, p. 26) and Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as health warnings on tobacco packages (OJ 2003 L 226, p. 24) and, secondly, the withdrawal of her late husband’s picture and a prohibition on its use within the European Union.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Ana Pérez Gutiérrez to pay the costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 389/46

Judgment of the General Court of 23 September 2015 — Schroeder v Council and Commission

(Case T-205/14) (1)

((Non-contractual liability - Dumping - Imports of certain prepared or preserved citrus fruits originating in China - Regulation (EC) No 1355/2008 declared by the Court of Justice to be invalid - Loss allegedly suffered by the applicant following the adoption of the regulation - Action for compensation - Exhaustion of domestic remedies - Admissibility - Sufficiently serious infringement of a rule of law conferring rights on individuals - Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) - Duty of care - Causal link))

(2015/C 389/49)

Language of the case: German

Parties

Applicant: I. Schroeder KG (GmbH & Co.) (Hamburg, Germany) (represented by: K. Landry, lawyer)

Defendants: Council of the European Union (represented by: J.-P. Hix, acting as Agent, and initially D. Geradin and N. Tuominen, and subsequently N. Tuominen, lawyers) and European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Action for compensation for the harm which the applicant claims to have suffered following the adoption of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35), declared invalid by the judgment of 22 March 2012 in GLS (C-338/10, ECR, EU:C:2012:158)..

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders I. Schroeder KG (GmbH & Co.) to pay the costs.

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 363/36

Judgment of the General Court of 18 September 2015 — HTTS and Bateni v Council

(Case T-45/14) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran - Freezing of funds - Criterion relating to the provision of essential services to IRISL or to entities owned by it, under its control or acting on its behalf - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to property - Freedom to conduct a business - Right to respect for family life - Proportionality))

(2015/C 363/44)

Language of the case: German

Parties

Applicants: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) and Naser Bateni (Hamburg) (represented initially by M. Schlingmann and F. Lautenschlager, subsequently by M. Schlingmann, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and J.-P. Hix, acting as Agents)

Re:

Application for annulment of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 306, p. 18) and Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3) in so far as they relate to the applicants.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Naser Bateni in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2. Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it listed HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010.

3. Orders the Council of the European Union to bear its own costs and to pay those incurred by HTTS Hanseatic Trade Trust & Shipping GmbH and Mr Bateni.

(1) OJ C 71, 8.3.2014.
EN Official Journal of the European Union C 398/42

Judgment of the General Court of 8 October 2015 — Benediktinerabtei St. Bonifaz v OHIM — Andexhser Molkerei Scheitz (Genuß für Leib & Seele KLOSTER Andechs SEIT 1455)

(Case T-78/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Genuß für Leib & Seele KLOSTER Andechs SEIT 1455 - Earlier Community figurative mark SEIT 1908 ANDECHSER NATUR and earlier national figurative mark ANDECHSER NATUR - Relative ground of refusal - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/53)

Language of the case: German

Parties

Applicant: Benediktinerabtei St. Bonifaz Körperschaft des öffentlichen Rechts (Munich, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Andexhser Molkerei Scheitz GmbH (Andechs, Germany) (represented by: S. Jackermeier, lawyer).

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 November 2013 (Case R 1272/2012-1) relating to opposition proceedings between Andechser Mokerei Scheitz GmbH and Benediktinerabtei St. Bonifaz Körperschaft des öffentlichen Rechts.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Benediktinerabtei St. Bonifaz Körperschaft des öffentlichen Rechts to pay the costs.

(1) OJ C 135, 5.5. 2014.
EN Official Journal of the European Union C 398/48

Judgment of the General Court of 7 October 2015 — CBM v OHIM — Aeronautica Militare (TRECOLORE)

(Case T-228/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark TRECOLORE - Earlier Community and national word and figurative marks FRECCE TRICOLORI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/60)

Language of the case: English

Parties

Applicant: CBM Creative Brands Marken GmbH (Zurich, Switzerland) (represented by: U. Lüken, M. Grundmann and N. Kerger, lawyers)

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: Aeronautica Militare — Stato Maggiore (Rome, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 January 2014 (Case R 594/2013-1), relating to opposition proceedings between Aeronautica Militare — Stato Maggiore and CBM Creative Brands Marken GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CBM Creative Brands Marken GmbH to pay the costs.

(1) OJ C 245, 28.7.2014.
EN Official Journal of the European Union C 429/21

Judgment of the General Court of 26 October 2015 — Portnov v Council

(Case T-290/14) (1)

((Common Foreign and Security Policy - Restrictive measures adopted in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name - Proof that inclusion on the list is well-founded))

(2015/C 429/27)

Language of the case: French

Parties

Applicant: Andriy Portnov (Kiev, Ukraine) (represented by: M. Cessieux, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and J. P. Hix, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: D. Gauci and T. Scharf, acting as Agents)

Re:

Application for annulment of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1) and Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as they concern Andriy Portnov;

2. Orders the Council of the European Union to bear its own costs and to pay those of Mr Portnov;

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

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 414/27

Judgment of the General Court of 23 October 2015 — Vimeo v OHIM — PT Comunicações (VIMEO)

(Case T-96/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark VIMEO - Earlier Community figurative mark meo - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - No coexistence of the marks - Likelihood of confusion))

(2015/C 414/35)

Language of the case: English

Parties

Applicant: Vimeo LLC (New York, New York, United States) (represented by: A. Poulter and M. MacDonald, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM: PT Comunicações, SA (Lisbon, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2013 (Case R 1092/2013-2), relating to opposition proceedings between PT Comunicações, SA and Vimeo LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vimeo LLC to pay the costs.

(1) OJ C 135, 5.5.2014.