ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 65/12

Judgment of the General Court of 24 January 2012 — Indo Internacional v OHIM — Visual (VISUAL MAP)

(Case T-260/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark VISUAL MAP - Earlier national word mark VISUAL - 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 207/2009))

2012/C 65/21

Language of the case: English

Parties

Applicant: Indo Internacional, SA (Sant Cugat del Vallès, Spain) (represented: initially by X. Fàbrega Sabaté and M. Curell Aguilà, and subsequently by M. Curell Aguilà and J. Güell Serra, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Visual SA (Saint-Apollinaire, France)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 April 2008 (Case R 700/2007-1), concerning opposition proceedings between Visual SA and Indo Internacional, SA.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Indo Internacional, SA to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 355/15

Judgment of the General Court of 20 October 2011 — Eridania Sadam v Commission

(Case T-579/08) (1)

(State aid - Measures by the Italian authorities aimed at compensating for the losses suffered by the sugar refinery Villasor (Italy) following a drought - Decision declaring the aid incompatible with the common market - Obligation to state reasons - Guidelines for State aid in the agricultural sector)

2011/C 355/25

Language of the case: Italian

Parties

Applicant: Eridania Sadam SpA (Bologna, Italy) (represented by: G.M. Roberti, I. Perego, B. Amabile and M. Serpone, lawyers)

Defendant: European Commission (represented by: R. Rossi and B. Stromsky, Agents)

Re:

Application for annulment of Commission Decision 2009/704/EC of 16 July 2008 relating to State aid C 29/2004 (ex N 328/2003) that Italy is considering granting to the Villasor sugar refinery owned by Sadam ISZ (OJ 2009 L 244, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 343/11

Judgment of the General Court of 11 September 2012 — Corsica Ferries France v Commission

(Case T-565/08) (1)

(State aid - Maritime cabotage sector - Service of general economic interest - Private investor in a market economy test - Social policy of the Member States - Restructuring aid - Effects of a judgment annulling a decision)

2012/C 343/14

Language of the case: French

Parties

Applicant: Corsica Ferries France SAS (Bastia, France) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: C. Giolito and B. Stromsky, acting as Agents)

Interveners in support of the defendant: French Republic (represented: initially by G. de Bergues and A.-L. Vendrolini, and subsequently by G. de Bergues, N. Rouam and J. Rossi, acting as Agents) and Société nationale maritime Corse-Méditerranée (SNCM) SA (Marseilles, France) (represented by: A. Winckler and F.-C. Laprévote, lawyers)

Re:

Annulment of Commission Decision 2009/611/EC of 8 July 2008 concerning the measures C 58/02 (ex N 118/02) which France has implemented in favour of the Société nationale maritime Corse-Méditerranée (OJ 2009 L 225, p. 180).

Operative part of the judgment

The General Court:

1. Annuls the first and third paragraphs of Article 1 of Commission Decision 2009/611/EC of 8 July 2008 concerning the measures C 58/02 (ex N 118/02) which France has implemented in favour of the Société nationale maritime Corse-Méditerranée (SNCM);

2. Orders the European Commission to bear the costs of the applicant together with its own costs;

3. Orders the French Republic and SNCM to bear their own respective costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 126/11

Judgment of the General Court of 15 March 2012 — Cadila Healthcare v OHIM — Novartis (ZYDUS)

(Case T-288/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ZYDUS - Earlier Community word mark ZIMBUS - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2012/C 126/22

Language of the case: English

Parties

Applicant: Cadila Healthcare Ltd (Ahmedabad, India) (represented by: S. Bailey, F. Potin, and A. Juaristi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007-2), relating to opposition proceedings between Novartis AG and Cadila Healthcare Ltd.

Operative part of the judgment

The Court:

1. Dismisses the application for a ruling that there is no need to adjudicate;

2. Dismisses the action;

3. Orders Cadila Healthcare Ltd to pay the costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 156/35

Judgment of the General Court of 12 April 2013 — STEF v Commission

(Case T-428/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/60

Language of the case: English

Parties

Applicant: Samband tónskálda og eigenda flutningsréttar (STEF) (Reykjavík, Iceland) (represented by: H. Óttarsdóttir, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and J. Bourke, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:

1. Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Samband tónskálda og eigenda flutningsréttar (STEF);

2. Dismisses the remainder of the action;

3. Orders the European Commission to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 38/18

Judgment of the General Court of 13 December 2012 — Versalis and Eni v Commission

(Case T-103/08) (1)

(Competition - Agreements, decisions and concerted practices - Chloroprene rubber market - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Attributability of the unlawful conduct - Obligation to state the reasons on which a decision is based - Rights of the defence - Evidence of involvement in the agreement - Single and continuous infringement - Fines - Gravity and duration of the infringement - Repeat offending - Deterrence - Attenuating circumstances - Maximum turnover limit of 10 % - Cooperation - 2002 Leniency Notice - Equal treatment - Proportionality)

2013/C 38/28

Language of the case: Italian

Parties

Applicants: Versalis SpA, formerly Polimeri Europa SpA (Brindisi, Italy) and Eni SpA (Rome, Italy) (represented: initially by M. Siragusa, G.M. Roberti, F. Moretti, I. Perego, F. Cannizzaro, V. Ruotolo, V. Larocca and D. Durante; and subsequently by M. Siragusa, G.M. Roberti, F. Moretti, I. Perego, F. Cannizzaro, V. Larocca and D. Durante, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)

Re:

Action for the partial annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene rubber), in so far as it concerns the applicants, and, in the alternative, a request for annulment or reduction of the level of the fine imposed jointly on the applicants by that decision.

Operative part of the judgment

The Court:

1. Fixes the level of the fine imposed jointly and severally on Eni SpA and Versalis SpA for the offence stated in Article 1(d) of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene rubber) at EUR 106 200 000;

2. Dismisses the remainder of the action;

3. Orders Eni and Versalis to bear four fifths of their costs and four fifths of the costs of the European Commission and orders the Commission to bear one fifth of its own costs and one fifth of the costs of Eni and Versalis.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 225/61

Judgment of the General Court of 18 June 2013 — ICF v Commission

(Case T-406/08) (1)

(Competition - Agreements, decisions and concerted practices - World market in aluminium fluoride - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing and market-sharing - Evidence of the infringement - Rights of defence - Consistency between the statement of objections and the contested decision - Fines - 2006 Guidelines on fines - Euro-Mediterranean Agreement)

2013/C 225/136

Language of the case: French

Parties

Applicant: Industries chimiques du fluor (ICF) (Tunis, Tunisia) (represented: initially by M. van der Woude and T. Hennen and subsequently by P. Wytinck and D. Gillet, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, K. Mojzesowicz and N. von Lingen, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 3043 of 25 June 2008 relating to a proceeding under Article 81[EC] and Article 53 of the EEA Agreement (COMP/39.180 — Aluminium fluoride), concerning a worldwide price-fixing and market-sharing cartel on the world aluminium fluoride market and, in the alternative, reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Industries chimiques du fluor to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 156/28

Judgment of the General Court of 12 April 2013 — GEMA v Commission

(Case T-410/08) (1)

(Competition - Agreements, decisions and concerted practices - Copyright relating to public performance of musical works via the internet, satellite and cable retransmission - Decision finding an infringement of Article 81 EC - Sharing of the geographic market - Bilateral agreements between national collecting societies - Concerted practices precluding the possibility of granting multi-territory and multi-repertoire licences - Proof - Presumption of innocence)

2013/C 156/47

Language of the case: German

Parties

Applicant: Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) (Berlin, Germany) (represented by: R. Bechtold, I. Brinker, T. Holzmüller, lawyers and J. Schwarze, professeur)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, A. Antoniadis and O. Weber, acting as Agents)

Interveners in support of the defendant: RTL Group SA (Luxembourg, Luxembourg); CLT-UFA (Luxembourg); Music Choice Europe Ltd (London, United Kingdom); ProSiebenSat.1 Media AG (Unterföhring, Germany); Modern Times Group MTG AB (Stockholm, Sweden); Viasat Broadcasting UK Ltd (London); and Verband Privater Rundfunk und Telemedien eV (VPRT) (Berlin) (represented initially by M. Hansen, A. Weitbrecht and É. Barbier de La Serre, lawyers, then M. Hansen, A. Weitbrecht, J. Ruiz Calzado, lawyers, and J. Kallaugher, solicitor)

Re:

Application for annulment in part of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the judgment

The Court:

1. Annuls Article 3 of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC), in so far as it concerns Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA);

2. Annuls Article 4(2) and (3) of Commission Decision C(2008) 3435 final, to the extent that they refer to Article 3 of that decision, in so far as they concern GEMA;

3. Orders the European Commission to bear its own costs and to pay the costs incurred by GEMA, with the exception of the costs occasioned by the intervention;

4. Orders RTL Group SA, CLT-UFA, Music Choice Europe Ltd, ProSiebenSat.1 Media AG, Modern Times Group MTG AB, Viasat Broadcasting UK Ltd and Verband Privater Rundfunk und Telemedien eV (VPRT) to bear their own costs and to pay the costs incurred by GEMA relating to the intervention;

5. Orders GEMA, the Commission, RTL Group, CLT-UFA and Music Choice Europe to each bear their own costs relating to the interim relief proceedings.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 46/40

Judgment of the General Court of 12 December 2014 — Repsol Lubricantes y Especialidades and Others v Commission

(Case T-562/08) (1)

((Competition - Agreements - Paraffin waxes market - Decision finding an infringement of Article 81 EC - Price fixing and division of markets - Proof of the existence of the agreement - Duration of the infringement - 2006 Guidelines for calculating the amount of fines - Equal treatment - Presumption of innocence - Whether unlawful conduct attributable - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Decisive influence exercised by the parent company - Presumption in the case of a 100 % shareholding))

(2015/C 046/48)

Language of the case: Spanish

Parties

Applicants: Repsol Lubricantes y Especialidades, SA, formerly Repsol Lubricantes YPF y Especialidades, SA (Madrid, Spain); Repsol Petróleo, SA (Madrid); and Repsol, SA, formerly Repsol YPF, SA (Madrid) (represented by: J. M. Jiménez-Laiglesia Oñate, J. Jiménez-Laiglesia Oñate and S. Rivero Mena, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, F. Castilla Contreras and C. Urraca Caviedes, Agents)

Re:

Application for annulment of Commission Decision C (2008) 5476 final of 1 October 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/39.181 — Candle Waxes) and application for a reduction of the amount of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Repsol Lubricantes y Especialidades, SA, Repsol Petróleo, SA, and Repsol, SA, to bear their own costs and those incurred by the European Commission.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 313/16

Judgment of the General Court of 13 September 2013 — Netherlands v Commission

(Case T-380/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Request seeking to obtain access to certain confidential passages of the final decision of the Commission relating to a cartel - Refusal of access - Obligation to state reasons - Obligation to carry out a specific, individual examination - Exception concerning the protection of privacy and the integrity of the individual - Exception concerning the protection of the commercial interests of a third party - Exception relating to the protection of the purpose of investigations - Overriding public interest - Sincere cooperation)

2013/C 313/28

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: C. Wissels, M. de Mol and M. de Ree, Agents)

Defendant: European Commission (represented by: A. Bouquet and P. Costa de Oliveira, Agents)

Re:

Application for annulment of the Commission Decision of 30 June 2008 refusing access to certain confidential passages of Decision C(2006) 4090 final (Case COMP/F/38.456 — Bitumen (Netherlands)),

Operative part of the judgment

The Court:

1. Dismisses the action.

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

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 221/43

Judgment of the General Court of 7 July 2010 — Valigeria Roncato v OHIM –Roncato (CARLO RONCATO)

(Case T-124/09) (1)

(Community trade mark - Opposition proceedings - Application for community word mark CARLO RONCATO - Unregistered national figurative and word marks RV RONCATO and RONCATO - Earlier national figurative and word marks RV RONCATO and RONCATO - No likelihood of unfair advantage being taken of the distinctive character and repute of the earlier marks - Due cause for the use of the mark applied for - Relative grounds for refusal - Article 8(4) and (5) of Regulation (EC) No 40/94 (now Article 8(4) and (5) of Regulation (EC) No 207/2009))

2010/C 221/70

Language of the case: Italian

Parties

Applicant: Valigeria Roncato SpA (Campodarsego, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roncato Srl (Campodarsego) (represented by: M. Cartella and M. Fazzini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 January 2009 (Cases R 237/2008-1 and R 236/2008-1) relating to opposition proceedings between Valigeria Roncato SpA and Roncato Srl.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Valigeria Roncato SpA to pay the costs.

(1) OJ C 129, of 6.6.2009.
EN Official Journal of the European Union C 113/44

Judgment of the General Court of 10 March 2010 — Baid v OHIM (LE GOMMAGE DES FACADES)

(Case T-31/09) (1)

(Community trade mark - Application for the Community word mark LE GOMMAGE DES FACADES - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009) - Duty to state reasons - First sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009))

2010/C 113/70

Language of the case: French

Parties

Applicant: Baid SARL (Paris, France) (represented by: M. Grasset, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 963/2008-1), concerning an application to register the word sign LE GOMMAGE DES FACADES as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Baid SARL to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 13/24

Judgment of the General Court of 24 November 2010 — Nike International v OHIM — Muñoz Molina (R10)

(Case T-137/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark R10 - Non-registered national word mark R10 - Assignment of the national mark - Procedural defect)

2011/C 13/46

Language of the case: Spanish

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Petrer, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1) relating to opposition proceedings between DL Sports & Marketing Ltda and Mr Aurelio Muñoz Molina.

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 21 January 2009 (Case R 551/2008-1);

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 317/30

Judgment of the General Court of 7 October 2010 — Commission v Gal-Or

(Case T-136/09) (1)

(Arbitration clause - Contract for financial assistance concluded under a specific research and technological development programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of advance payments - Default interest - Default procedure)

2010/C 317/54

Language of the case: English

Parties

Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, by B. Katan and M. van der Woude, lawyers, and subsequently by B. Katan)

Defendant: Benjamin Gal-Or (Jupiter, Florida, United States)

Re:

Action on the basis of an arbitration clause, seeking an order that Mr Gal-Or reimburse the amount of EUR 205 611 advanced to him by the Commission in the context of contract IN/0042/97, together with default interest, and for payment of default interest on the amount of EUR 9 231,25, which is the amount of the costs incurred in an action brought by Mr Gal-Or against the Commission before the courts in the Netherlands.

Operative part of the judgment

The Court:

1. Orders Mr Benjamin Gal-Or to pay to the European Commission the principal amount owing of EUR 205 611, together with interest at the rate of: — 2,75 % from 2 March 2003; — 2,50 % from 7 March 2003; — 2,00 % from 6 June 2003; — 2,25 % from 6 December 2005; — 2,50 % from 8 March 2006; — 2,75 % from 15 June 2006; — 3,00 % from 9 August 2006; — 3,25 % from 11 October 2006; — 3,50 % from 13 December 2006; — 3,75 % from 14 March 2007; — 4,00 % from 13 June 2007; — 4,25 % from 9 July 2008; — 3,75 % from 15 October 2008; — 3,25 % from 12 November 2008; — 2,50 % from 10 December 2008; — 2,00 % from 21 January 2009; — 1,50 % from 11 March 2009; — 1,25 % from 8 April 2009; — 1,00 % from 13 May 2009;

2. Dismisses the action as to the remainder;

3. Orders Mr Gal-Or to pay the costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 46/11

Judgment of the General Court of 17 December 2010 — Storck v OHIM (Shape of a chocolate mouse)

(Case T-13/09) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate mouse - 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) - Rights of the defence)

2011/C 46/19

Language of the case: German

Parties

Applicant: August Storck KG (Berlin, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially G. Schneider, then G. Schneider and R. Manea, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2008 (Case R 185/2006-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate mouse.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.

(1) OJ C 69, 21.3.2009.