ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/7

Judgment of the General Court of 5 June 2012 — Imperial Chemical Industries v European Commission

(Case T-214/06) (1)

(Competition - Agreements, decisions and concerted practices - Methacrylates market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Participation in a part of the cartel - Rights of the defence - Fines - Obligation to state the reasons on which the decision is based - Gravity of the infringement - Deterrent effect - Equal treatment - Proportionality - Principle of sound administration - Cooperation during the administrative procedure - Duration of procedure - Reasonable time)

2012/C 209/10

Language of the case: English

Parties

Applicant: Imperial Chemical Industries Ltd, formerly Imperial Chemical Industries plc (London, United Kingdom) (represented: initially by D. Anderson QC, H. Rosenblatt, B. Lebrun, lawyers, W. Turner, S. Berwick and T. Soames, Solicitors, subsequently by R. Wesseling and C. Swaak and lastly by R. Wesseling, C. Swaak and F. ten Have, lawyers)

Defendant: European Commission (represented: initially by V. Bottka, I. Chatzigiannis and F. Amato, subsequently by V. Bottka, I. Chatzigiannis and F. Arbault and lastly by V. Bottka and J. Bourke, Agents)

Re:

Application for annulment of Article 2(c) of Commission Decision C(2006) 2098 final of 31 May 2006 relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.645 — Methacrylates), or, in the alternative, a reduction of the fine imposed under that provision.

Operative part of the judgment:

The Court:

1. Dismisses the action;

2. Orders Imperial Chemical Industries Ltd to pay the costs.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 6/11

Judgment of the General Court of 16 November 2011 — ASPLA v Commission

(Case T-76/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Exchange of individualised information - Fixing of prices and sales quotas by geographic area - Allocation of customers - Concerted bidding in response to invitations to tender - Single and continuous infringement - Extent of the infringement - Definition of the product market and the geographic market - Guidelines for the calculation of fines - Principles of equal treatment and proportionality - Aggravating and attenuating circumstances - Ceiling of 10 % of turnover)

2012/C 6/16

Language of the case: Spanish

Parties

Applicant: Plasticos Españoles, SA (ASPLA) (Torrelavega, Spain) (represented initially by: E. Garayar Gutiérrez and A. García Castillo, then by E. Garayar Gutiérrez, M. Troncoso Ferrer and C. Ruixó Claramunt, lawyers)

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

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and, in the alternative, for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Plasticos Españoles, SA (ASPLA) to pay the costs.

(1) OJ C 108, 6.5.2006.
EN Official Journal of the European Union C 325/19

Judgment of the General Court of 16 September 2013 — Spain v Commission

(Case T-402/06) (1)

(Cohesion fund - Regulation (EC) No 1164/94 - Environmental infrastructure projects under way in the territory of Catalonia (Spain) - Partial withdrawal of financial assistance - Public works and services contracts - Award criteria - Economically most advantageous tender - Equal treatment - Transparency - Abnormally low offer - Eligibility of expenditure - Determination of the financial corrections - Article H(2) of Annex II of Regulation (EC) No 1164/94 - Proportionality)

2013/C 325/30

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)

Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, then A. Steiblytė and S. Pardo Quintillán, Agents)

Re:

Application for annulment of Commission Decision C(2006) 5105 of 20 October 2006 reducing the financial assistance granted by the Cohesion Fund for eight projects under way in the territory of the Autonomous Community of Catalonia (Spain).

Operative part of the judgment

The Court:

1. Dismisses the application;

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

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 355/14

Judgment of the General Court of 27 September 2012 — Total v Commission

(Case T-344/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Fines - Gravity and duration of the infringement)

2012/C 355/24

Language of the case: French

Parties

Applicant: Total SA (Courbevoie, France) (represented: initially by A. Lamothe, L. Godfroid and A. Gosset-Grainville, and subsequently by A. Lamothe, L. Godfroid and O. Prost, lawyers)

Defendant: European Commission (represented by: A. Bouquet and F. Castillo de la Torre, Agents)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Total SA to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 209/50

Judgment of the Court of First Instance of 9 July 2008 — BYK v OHIM (Substance for Success)

(Case T-58/07) (1)

(Community trade mark - Application for the Community word mark Substance for Success - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/87)

Language of the case: German

Parties

Applicant: BYK-Chemie GmbH (Wesel, Germany) (represented by: J. Kroher and E. Hettenkofer, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2007 (Case R 816/2006-4) concerning an application for registration of the word sign Substance for Success as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BYK-Chemie GmbH to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 107/25

Judgment of the Court of First Instance of 12 March 2008 — Rossi Ferreras v Commission of the European Communities

(Case T-107/07 P) (1)

(Appeal - Staff cases - Officials - Career development report - Appraisal year 2003 - Assessment of facts - Burden of proof and production of evidence - Appeal inadmissible - Appeal unfounded)

(2008/C 107/41)

Language of the case: French

Parties

Appellant: Francisco Rossi Ferreras (Luxembourg, Luxembourg) (represented by: F. Frabetti and S. Martin. lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: V. Joris and K. Herrmann, agents)

Re:

Appeal against judgment of the European Union Civil Service Tribunal (Second Chamber) of 1 February 2007 in Case F-42/05 Rossi Ferreras v Commission, not yet published in ECR, for the annulment of that judgment.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Francisco Rossi Ferreras to bear his own costs and to pay the costs of the Commission.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 313/32

Judgment of the Court of First Instance of 20 October 2008 — Marcuccio v Commission

(Case T-278/07 P) (1)

(Appeal - Staff cases - Officials - Social security - Industrial accident - Decision to close the procedure for the application of Article 73 of the Staff Regulations - Lack of an act causing adverse effect - Appeal unfounded)

(2008/C 313/57)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 11 May 2007Marcuccio v Commission (Case F-2/06, not yet published in the ECR), for the annulment of that order.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Luigi Marcuccio to bear his own costs and to pay the Commission's costs before this Court.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 285/38

Judgment of the Court of First Instance of 16 September 2008 — ratiopharm v OHIM (BioGeneriX)

(Case T-48/07) (1)

(Community trade mark - Application for Community word mark BioGeneriX - Absolute ground for refusal - Partially descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2008/C 285/70)

Language of the case: German

Parties

Applicant: ratiopharm GmbH (Ulm, Germany) (represented initially by S. Völker, then by S. Völker and A. Schabenberger, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 December 2006 (Case R 1048/2004-4) concerning an application for registration of the word mark BioGeneriX as a Community trade mark.

Operative part of the judgment

The Court hereby:

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 20 December 2006 (Case R 1048/2004-4), in so far as chemical substances for preserving foodstuffs, falling within Class 1, are concerned;

2. Dismisses the action as to the remainder;

3. Orders ratiopharm GmbH to bear its own costs and to pay half of OHIM's costs. OHIM will bear the other half of its costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 19/27

Order of the Court of First Instance of 2 December 2008 — Harman International Industries v OHIM — Becker (Barbara Becker)

(Case T-212/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Barbara Becker - Earlier Community word mark BECKER - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 19/51)

Language of the case: English

Parties

Applicant: Harman International Industries, Inc. (Northridge, California, United States) (represented by: M. Vanhegan, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Barbara Becker (Miami, Florida, United States) (represented by: P. Baronikians, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 502/2006-1) relating to opposition proceedings between Harman International Industries, Inc. and Barbara Becker.

Operative part of the order

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 7 March 2007 (Case R 502/2006-1);

2. Dismisses as inadmissible the application of Harman International Industries, Inc., requesting that the application for registration of Barbara Becker as a Community trade mark be rejected;

3. Orders OHIM to bear its own costs and pay the costs of Harman International Industries;

4. Orders Barbara Becker to bear her own costs.

(1) OJ C 183, 4.8.2007.
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 14 June 2007 (Case R 1130/2006-1) to the extent that it refuses the registration as a Community trade mark of the word sign SURFCARD for ‘magnetic data media, optical data media’ falling within Class 9 and ‘credit card services, debit card services’ falling within Class 36 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.
EN Official Journal of the European Union C 69/35

Judgment of the Court of First Instance of 11 February 2009 — Iride and Iride Energia v Commission

(Case T-25/07) (1)

(State aid - Energy sector - Compensation for stranded costs - Decision declaring aid compatible with the common market - Obligation for the recipient undertaking first to repay earlier aid declared unlawful - State resources - Advantage - Obligation to state reasons)

(2009/C 69/82)

Language of the case: Italian

Parties

Applicants: Iride SpA (Turin, Italy); and Iride Energia SpA (Turin) (represented by: L. Radicati di Brozolo, M. Merola and C. Bazoli, lawyers)

Defendant: Commission of the European Communities (represented by: E. Righini and G. Conte, acting as Agents)

Re:

Application for annulment of Commission Decision 2006/941/EC of 8 November 2006 on State aid C 11/06 (ex N 127/05) which Italy is planning to implement for AEM Torino (OJ 2006 L 366, p. 62), in the form of grants to reimburse the stranded costs in the energy sector, in so far as (i) it contains a finding of State aid and (ii) it makes compatibility of that aid with the common market conditional upon reimbursement by AEM Torino of earlier unlawful aid granted under the scheme for ‘municipalised’ undertakings.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Iride SpA and Iride Energia SpA to pay the costs.

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 44/44

Judgment of the Court of First Instance of 18 December 2008 — Torres v OHIM — Gala-Salvador Dali (TG Torre Galatea)

(Case T-8/07) (1)

(Community trade mark - Opposition procedure - Application for Community figurative mark TG Torre Galatea - Earlier Community word mark TORRES 10 - Relative ground for refusal - No likelihood of confusion)

(2009/C 44/76)

Language of the case: Spanish

Parties

Applicant: Miguel Torres, SA (Vilafranca del Penedés, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Fundación Gala-Salvador Dali (Figueras, Spain) (represented by: A. Seguera Roda and M. Teixdor Jufresa, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 October 2006 (Case R-168/2006-2) relating to opposition proceedings between Miguel Torres, SA and Fundacion Gala-Salvador Dali.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miguel Torres, SA to pay the costs.

(1) OJ C 56, 4.3.2007.
EN Official Journal of the European Union C 167/10

Judgment of the Court of First Instance of 3 June 2009 — Frosch Touristik v OHIM — DSR touristik (FLUGBÖRSE)

(Case T-189/07) (1)

(Community trade mark - Invalidity proceedings - Community word mark FLUGBÖRSE - Material date for the examination of an absolute ground for invalidity - Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 52(1)(a) of Regulation (EC) No 207/2009)

2009/C 167/20

Language of the case: German

Parties

Applicant: Frosch Touristik GmbH (Munich, Germany) (represented by: H. Lauf and T. Raab, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: DSR touristik GmbH (Karlsruhe, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 March 2007 (Case R 1084/2004-4), relating to invalidity proceedings between DSR touristik GmbH and Frosch Touristik GmbH

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 22 March 2007 (Case R 1084/2004-4).

2. Orders OHIM to pay the costs.

(1) OJ C 183, 4.8.2007.
EN Official Journal of the European Union C 113/34

Judgment of the Court of First Instance of 25 March 2009 — Anheuser-Busch v OHIM — Budějovický Budvar (BUDWEISER)

(Case T-191/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark BUDWEISER - Earlier international word and figurative marks BUDWEISER and Budweiser Budvar - Relative grounds for refusal - Article 8(1)(a) and (b) of Regulation (EC) No 40/94 - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation No 40/94 - Infringement of rights of defence - Statement of reasons - Article 73 of Regulation No 40/94 - Late submission of documents - Discretion granted by Article 74(2) of Regulation No 40/94)

2009/C 113/69

Language of the case: English

Parties

Applicant: Anheuser-Busch, Inc. (Saint Louis, Missouri, United States) (represented by: V. von Bomhard and A. Renck, 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, intervening before the Court of First Instance: Budějovický Budvar, národní podnik (České Budějovice, Czech Republic) (represented by: K. Čermák, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 March 2007 (Case R 299/2006-2) relating to opposition proceedings between Budějovický Budvar, národní podnik and Anheuser-Busch, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Anheuser-Busch, Inc. to bear, in addition to its own costs, the costs of OHIM and Budějovický Budvar, národní podnik.

(1) OJ C 183, 4.8.2007.
EN Official Journal of the European Union C 256/24

Judgment of the Court of First Instance of 3 September 2009 — Cheminova and Others v Commission

(Case T-326/07) (1)

(Plant-protection products - Active substance ‘malathion’ - Non-inclusion in Annex I to Directive 91/414/EEC - Action for annulment - Locus standi - Admissibility - Evaluation procedure - Assessment by EFSA - Plea of illegality - Article 20 of Regulation (EC) No 1490/2002 - Submission of new studies - Article 8(2) and (5) of Regulation (EC) No 451/2000 - Legitimate expectation - Proportionality - Equal treatment - Principle of sound administration - Rights of the defence - Principle of subsidiarity - Article 95(3) EC, Articles 4(1) and 5(1) of Directive 91/414)

2009/C 256/44

Language of the case: English

Parties

Applicants: Cheminova A/S (Harboøre, Denmark); Cheminova Agro Italia Srl (Rome, Italy); Cheminova Bulgaria EOOD (Sofia, Bulgaria); Agrodan, SA, (Madrid Spain); and Lodi SAS (Grand-Fougeray, France) (represented by: C. Mereu and K. Van Maldegem, lawyers, and P. Sellar, Solicitor)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Re:

Annulment of Commission Decision 2007/389/EC of 6 June 2007 concerning the non-inclusion of malathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 146, p. 19)

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Cheminova A/S, Cheminova Agro Italia Srl, Cheminova Bulgaria EOOD, Agrodan, SA and Lodi SAS to bear their own costs and to pay those incurred by the Commission, including those relating to the application for interim measures.

(1) OJ C 247, 20.10.2007.
EN Official Journal of the European Union C 193/20

Judgment of the Court of First Instance of 30 June 2009 — CPEM v Commission of the European Communities

(Case T-444/07) (1)

(ESF - Cancellation of financial assistance - OLAF report)

2009/C 193/30

Language of the case: French

Parties

Applicant: Centre de promotion de l'emploi par la micro-entreprise (CPEM) (Marseilles, France) (represented by: C. Bonnefoi, lawyer)

Defendant: Commission of the European Communities (represented by: L. Flynn and A. Steiblytė, acting as Agents)

Re:

Application for annulment of Commission Decision C(2007) 4645 of 4 October 2007, cancelling the assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999, and also application for damages

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the Centre de promotion de l'emploi par la micro-entreprise (CPEM) to pay the costs, including those relating to the interim proceedings.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 312/27

Judgment of the Court of First Instance of 29 October 2009 — Peek & Cloppenburg v OHIM — Redfil (Agile)

(Case T-386/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill’s - Relative ground for refusal - Likelihood of confusion - 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))

2009/C 312/44

Language of the case: English

Parties

Applicant: Peek & Cloppenburg (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Laitinen, and subsequently by R. Pethke, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redfil, SL (Barcelona, Spain) (represented by: C. Hernández Hernández, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2).

2. Orders OHIM to pay the costs incurred by Peek & Cloppenburg.

3. Orders Redfil, SL to bear its own costs.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 267/60

Judgment of the Court of First Instance of 23 September 2009 — France Télécom v OHIM (UNIQUE)

(Case T-396/07) (1)

(Community trade mark - Application for the Community word mark UNIQUE - 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)

2009/C 267/106

Language of the case: French

Parties

Applicant: France Télécom (Paris, France) (represented by: B. Potot and C. Bertheux Scotte, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders France Télécom to pay the costs.

(1) OJ C 315, 22.12.2007.