ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 114/31

Judgment of the General Court of 7 March 2013 — Rütgers Germany and Others v ECHA

(Case T-96/10) (1)

(REACH - Identification of anthracene oil (anthracene paste) as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)

2013/C 114/49

Language of the case: English

Parties

Applicants: Rütgers Germany GmbH (Castrop-Rauxel, Germany), Rütgers Belgium NV(Zelzate, Belgium), Deza, a.s.(Valašske Meziříčí, Czech Republic), Koppers Denmark A/S(Nyborg, Denmark), Koppers UK Ltd(Scunthorpe, United Kingdom) (represented initially by: K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by Van Maldegem and Cana)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)

Re:

Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil (anthracene paste) (EC No 292-603-2) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, in accordance with Article 59 of REACH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 171/26

Judgment of the General Court of 25 April 2013 — Bell & Ross v OHIM — KIN (Wristwatch case)

(Case T-80/10) (1)

(Community design - Invalidity proceedings - Registered Community design or model representing a wristwatch case - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Related to a counterclaim for a declaration of invalidity - Community design court - Article 91 of Regulation No 6/2002)

2013/C 171/49

Language of the case: French

Parties

Applicant: Bell & Ross BV (Zoetermeer, Netherlands) (represented by: S. Guerlain, lawyer)

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, intervener before the General Court: KIN AB (Upplands Väsby, Sweden) (represented by: M. Nielsen and C. Galichet, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 9 December 2009 (Case R 1285/2008-3), relating to invalidity proceedings between Klockgrossisten i Norden AB and Bell & Ross BV.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Bell & Ross BV to pay the costs, including those incurred by KIN AB in the proceedings before the Board of Appeal.

(1) OJ C 113, 1.5.2010
EN Official Journal of the European Union C 147/16

Judgment of the General Court of 10 April 2013 — Höganäs v OHIM — Haynes (ASTALOY)

(Case T-505/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ASTALOY - Earlier Community word mark HASTELLOY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Coexistence of trade marks)

2013/C 147/27

Language of the case: English

Parties

Applicant: Höganäs AB (Höganäs, Sweden) (represented by: L.-E. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Haynes International, Inc. (Kokomo, Indiana (United States)) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 August 2010 (Case R 1530/2009-4), relating to opposition proceedings between Haynes International, Inc. and Höganäs AB.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Höganäs AB to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 252/29

Judgment of the General Court of 11 July 2013 — SA.PAR. v OHIM — Salini Costruttori (GRUPPO SALINI)

(Case T-321/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark GRUPPO SALINI - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)

2013/C 252/46

Language of the case: Italian

Parties

Applicant: SA.PAR. Srl (Rome, Italy) (represented by: A. Masetti Zannini de Concina, M. Bussoletti and G. Petrocchi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Salini Costruttori SpA (Rome, Italy) (represented by: C. Bellomunno and S. Troilo, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 219/2009-1), relating to invalidity proceedings between Salini Costruttori SpA and SA.PAR. Srl

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SA.PAR. Srl to pay the costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 352/12

Judgment of the General Court of 15 October 2013 — Evropaïki Dynamiki v European Commission

(Case T-457/10) (1)

(Public service contracts - Tender procedure - External service provision for development, studies and support for information systems (ESP DESIS II) - Classification of a tenderer - Award of the contract - Tendering consortium - Admissibility - Obligation to state reasons - Transparency - Equal treatment - Manifest error of assessment - Non-contractual liability)

2013/C 352/21

Language of the case: English

Parties

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

Defendant: European Commission (represented initially by: S. Delaude and N. Bambara, and subsequently by S. Delaude, acting as Agents, and initially by P. Wytinck, and subsequently by B. Hoorelbeke, lawyers,)

Re:

Application, first, for annulment of the Commission’s decision of 16 July 2010 to classify the applicant’s tender submitted in the context of the call for tenders DIGIT/R2/PO/2009/045, concerning ‘External service provision for development, studies and support for information systems’ (ESP DESIS II) (OJ 2009/S 198-283663), for Lot 2 ‘Off site development projects’, in third, and not first, place and to award the first and second places to other tenderers, and also of all the related decisions of the Commission’s Directorate General for Informatics, including the decisions to award the respective contracts to the tenderers classified in first and second places; and, second, for damages,

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 346, 18.12.2010.
1.

Annuls point (6) of Article 1(1) of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures) in so far as the European Commission finds (i) that Allia SAS and Produits Céramique de Touraine SA participated in an infringement relating to a cartel on the French market for a period from 25 February 2004 to 9 November 2004 and (ii) that Pozzi Ginori SpA participated in an infringement relating to a cartel on the Italian market for a period other than that from 14 May 1996 to 9 March 2001;
EN Official Journal of the European Union C 261/22

Judgment of the General Court of 26 June 2014 — Quimitécnica.com and de Mello v European Commission

(Case T-564/10) (1)

((Competition - Agreements, decisions and concerted practices - European market in animal feed phosphates - Fines - Payment in instalments - Commission decision requiring a bank guarantee to be set up - Obligation to state reasons - Proportionality))

2014/C 261/43

Language of the case: Portuguese

Parties

Applicants: Quimitécnica.com — Comércio e Indústria Química, SA (Lordelo, Portugal); and José de Mello — Sociedade Gestora de Participações Sociais, SA (Lisbon, Portugal) (represented by: J. Calheiros and A. de Albuquerque, lawyers)

Defendant: European Commission (represented by: B. Mongin, V. Bottka and F. Ronkes Agerbeek, Agents, assisted by M. Marques Mendes, lawyer)

Re:

Application for the annulment in part of the decision allegedly set out in the letter from the Commission’s accounting officer of 8 October 2010 concerning payment of the fine imposed on the applicants under Commission Decision C (2010) 5004 final of 20 July 2010 relating to a proceeding pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.886 — Animal feed phosphates), in so far as that letter requires the applicants to provide a bank guarantee from a bank that has received a long-term ‘AA’ credit rating in order for the application to pay in instalments to be granted.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Quimitécnica.com — Comércio e Indústria Química, SA and José de Mello — Sociedade Gestora de Participações Sociais, SA to bear their own costs and to pay those of the European Commission.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 78/7

Judgment of the General Court of 6 February 2014 — Elf Aquitaine v Commission

(Case T-40/10) (1)

(Competition - Agreements, decisions and concerted practices - European markets in tin heat stabilisers and ESBO/esters heat stabilisers - Decision finding two infringements of Article 81 EC and Article 53 of the EEA Agreement - Fines - Application for annulment - Rights of the defence - Late notification of Commission’s investigation - Duration of the administrative procedure - Liability of a parent company for infringements of competition rules committed by its subsidiaries - Presumption of actual exercise of decisive influence - Duration of the infringements - Limitation - Legitimate interest in finding that an infringement was committed - Fines imposed on a parent company differing in amount from those imposed on a subsidiary - Unlimited jurisdiction)

2014/C 78/13

Language of the case: French

Parties

Applicant: Elf Aquitaine (Courbevoie, France) (represented by: É. Morgan de Rivery, S. Thibault-Liger, A. Noël-Baron, lawyers)

Defendant: European Commission (represented by: P. Van Nuffel, J. Bourke and A. Biolan, Agents)

Re:

Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat Stabilisers), or, in the alternative, for a reduction of the fines imposed.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Elf Aquitaine SA to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 279/28

Judgment of the General Court of 6 July 2015 — France v Commission

(Case T-516/10) (1)

((EAGGF - ‘Guidance’ Section - Reduction of financial aid - Community initiative programme Leader+ - Failure to comply with the time-limit for adoption of a decision - Infringement of an essential procedural requirement))

(2015/C 279/33)

Language of the case: French

Parties

Applicant: French Republic (represented initially by: E Belliard, B. Cabouat, G. de Bergues, D. Colas and C. Candat, and subsequently by: D. Colas, C. Candat and J.-S. Pilczer, acting as Agents)

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

Re:

Annulment of Commission Decision C(2010) 5724 Final of 23 August 2010 on the application of financial corrections to assistance from the EAGGF, ‘guidance’ section, allocated to the Community initiative programme CCI 2000.FR.060.PC.001 (France — Leader+)

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 5724 Final of 23 August 2010 on the application of financial corrections to assistance from the EAGGF, ‘guidance’ section, allocated to the Community initiative programme CCI 2000.FR.060.PC.001 (France — Leader+);

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

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 34/21

Judgment of the General Court of 9 December 2014 — IRO v Commission

(Case T-69/10) (1)

((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Infringement of essential procedural requirements - Legal basis - Investigation of the case - Definition of the market - Infringement of Article 65 CS - Fines - Extenuating circumstances - Proportionality))

(2015/C 034/23)

Language of the case: Italian

Parties

Applicant: Industrie Riunite Odolesi SpA (IRO) (Odolo, Italy) (represented by: A. Giardina and P. Tomassi, lawyers)

Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, subsequently by R. Sauer, R. Striani and T. Vecchi, acting as Agents, assisted by P. Manzini, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, readoption), as amended and supplemented by Commission Decision C(2009) 9912 final of 8 December 2009, in which the Commission imposed a fine of EUR 3,58 million on the applicant for infringement of Article 65(1) CS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Industrie Riunite Odolesi SpA (IRO) to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 374/25

Judgment of the General Court of 26 September 2017 — Quimitécnica.com and de Mello v Commission

(Case T-564/10 RENV) (1)

((Competition - Agreements, decisions and concerted practices - European market for animal feed phosphates - Fine imposed jointly and severally following a settlement procedure - Payment in instalments - Decision requiring the provision of a bank guarantee from a bank with a long-term ‘AA’ credit rating - Action for annulment - Challengeable act - Admissibility - Obligation to state reasons - Proportionality))

(2017/C 374/37)

Language of the case: Portuguese

Parties

Applicants: Quimitécnica.com — Comércio e Indústria Química, SA (Lordelo, Portugal) and José de Mello — Sociedade Gestora de Participações Sociais, SA (Lisbon, Portugal) (represented by: J. Calheiros, lawyer)

Defendant: European Commission (represented by: V. Bottka and B. Mongin, acting as Agents, and M. Marques Mendes and A. Dias Henriques, lawyers)

Re:

Application based on Article 263 TFEU seeking partial annulment of the decision allegedly set out in the letter from the Commission’s accounting officer of 8 October 2010 concerning payment of the fines imposed on the applicants for infringement of competition rules by Commission Decision C(2010) 5004 final of 20 July 2010 relating to proceedings under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.886 — Animal feed phosphates), in so far as that letter requires the provision of a guarantee from a bank that has received a long-term ‘AA’ credit rating as a condition for granting the applicants’ request for additional time to pay the fine jointly and severally imposed on them.

Operative part of the judgment

The Court:

1. Rejects the plea of inadmissibility;

2. Dismisses the action;

3. Orders the European Commission to bear its own costs and to pay those incurred by Quimitécnica.com — Comércio e Indústria Química, SA and José de Mello — Sociedade Gestora de Participações Sociais, SA relating to the appeal proceedings before the Court of Justice and the proceedings before the General Court prior to the appeal;

4. Orders Quimitécnica.com — Comércio e Indústria Química, José de Mello —Sociedade Gestora de Participações Sociais and the Commission each to bear their own respective costs relating to the proceedings referred back to the General Court.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 302/39

Judgment of the General Court of 15 July 2015 — Redaelli Tecna v Commission

(Case T-423/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Cooperation during the administrative procedure - Reasonable time))

(2015/C 302/49)

Language of the case: Italian

Parties

Applicant: Redaelli Tecna SpA (Milan, Italy) (represented by: R. Zaccà, M. Todino, E. Cruellas Sada and S. Patuzzo, lawyers)

Defendant: European Commission (represented initially by B. Gencarelli, L. Prete and V. Bottka, and subsequently by V. Bottka, G. Conte and P. Rossi, Agents)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 65/13

Judgment of the General Court of 19 January 2012 — Shang v OHIM (justing)

(Case T-103/11) (1)

(Community trade mark - Application for the Community figurative mark ‘justing’ - Earlier national figurative mark JUSTING - Seniority of the earlier national mark claimed - Signs not identical - Article 34 of Regulation (EC) No 207/2009)

2012/C 65/25

Language of the case: Italian

Parties

Applicant: Tiantian Shang (Rome, Italy) (represented by: A. Salerni, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 December 2010 (Case R 1388/2010-2), relating to a claim of seniority of the national figurative mark JUSTING held by Mrs Tiantian Shang.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mrs Tiantian Shang to pay the costs.

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 258/19

Judgment of the General Court of 12 July 2012 — Unión de Cervecerías Peruanas Backus y Johnston v OHIM (shape of a bottle)

(Case T-323/11) (1)

(Community trade marks - Absolute grounds for refusal - Application for a three-dimensional trade mark - Shape of a bottle - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2012/C 258/35

Language of the case: Spanish

Parties

Applicant: Unión de Cervecerías Peruanas Backus y Johnston SAA (Lima, Peru) (represented by: E. Armijo Chávarri and C. Morán Medina, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 March 2011 (Case R 2238/2010-2) concerning an application for registration of a three-dimensional sign consisting in the shape of a bottle as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Unión de Cervecerías Peruanas Backus y Johnston SAA to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 200/15

Judgment of the General Court of 22 May 2012 — Asa v OHIM — Merck (FEMIFERAL)

(Case T-110/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark FEMIFERAL - Earlier national word mark Feminatal and earlier national figurative mark feminatal - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/30

Language of the case: Polish

Parties

Applicant: Asa sp. z o.o. (Głubczyce, Poland) (represented by: M. Chimiak, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Merck sp. z o.o. (Warsaw, Poland)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 182/2010-1) relating to opposition proceedings between Merck sp. z o.o. and Asa sp. z o.o.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Asa sp. z o.o. to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 399/19

Judgment of the General Court of 8 November 2012 — Commission v Strack

(Case T-268/11 P) (1)

(Appeal - Civil Service - Officials - Leave - Sick leave - Annulment at first instance of the Commission’s decision refusing to carry over days of annual leave not taken by the person concerned - Article 4 of Annex V to the Staff Regulations - Article 1e(2) of the Staff Regulations - Directive 2003/88/EC - Appeal well founded - Whether the state of the proceedings permits final judgment to be given - Dismissal of the action)

2012/C 399/34

Language of the case: German

Parties

Appellant: European Commission (represented by: B. Eggers and J. Currall, acting as Agents)

Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 15 March 2011 in Case F-120/07 Strack v Commission ECR-SC 0000 seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal of 15 March 2011 in Case F 120/07 Strack v Commission;

2. Dismisses the action brought by Mr Guido Strack before the European Union Civil Service Tribunal in Case F-120/07;

3. Orders Mr Strack and the European Commission to bear their own costs, both of the proceedings before the Civil Service Tribunal and at the present instance.

(1) OJ C 232, 6.8.2011.