ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 313/26

Judgment of the Court of First Instance of 9 October 2008 — Miguelez Herreras v Commission

(Case T-407/04) (1)

(Action for annulment - Action for damages - Civil service - Promotion - Award of priority points)

(2008/C 313/45)

Language of the case: French

Parties

Applicant: Benedicta Miguelez Herreras (Brussels, Belgium) (represented initially by M. van der Woude and V. Landes, then M. van der Woude, lawyers)

Defendant: Commission of the European Communities (represented initially by H. Tserepa-Lacombe and V. Joris, then V. Joris and G. Berscheid, Agents, and D. Waelbroeck, lawyer)

Re:

Application for annulment of:

— the decision of the Director General of the Commission Legal Service to award the applicant 2 directorate general priority points under the 2003 promotion exercise, notified on 2 July 2003 and confirmed by a decision of the AIPN notified on 16 December 2003;

— the following decisions: decision of the AIPN to award the applicant a total of 23 points under the 2003 promotion exercise; the merit list of Grade C2 officials under the 2003 promotion exercise; the list of officials promoted to Grade C1 under the 2003 promotion exercise, published in Administrative Notice No 76-2003 of 3 December 2003; in any event, the decision not to include the applicant's name on those lists;

— in so far as necessary, the decision of the AIPN of 17 June 2004 dismissing the complaint brought by the applicant on 24 February 2004;

— the decision of the AIPN of 17 April 2007 not to award the applicant any supplementary priority points under the 2003 promotion exercise;

and a declaration that all the decisions taken in the 2003 promotion exercise challenged in this action and not replaced in 2007 are non-existent, and in particular the merit list for officials in Grade C2 under the 2003 promotion exercise, published in Administrative Notice No 71-2003 of 25 November 2003 and the list of officials promoted to Grade C1 under the 2003 promotion exercise published in Administrative Notice No 76-2003 of 3 December 2003 and seeking compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the Commission decisions setting the applicant's total number of promotion points at 23 points and refusing to include her on the list of officials promoted to Grade C1 under the 2003 promotion exercise.

2. Dismisses the action as to the remainder.

3. Orders the Commission to pay the costs.

(1) OJ C 300, 4.12.2004.
EN Official Journal of the European Union C 238/14

Judgment of the General Court of 7 July 2011 — Valero Jordana v Commission

(Case T-161/04) (1)

(Access to documents - Regulation (EC) No 1049/2001 — Reserve list for an open competition and individual decisions concerning the appointment of officials - Refusal of access - Exception concerning privacy and the integrity of the individual - Protection of personal data - Regulation (EC) No 45/2001)

2011/C 238/19

Language of the case: Spanish

Parties

Applicant: Gregorio Valero Jordana (Brussels, Belgium) (represented by: M. Merola, lawyer)

Defendant: European Commission (represented initially by: P. Aalto and E. Adserá Ribera, later by: E. Adserá Ribera and P. Costa de Oliveira, Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by: B. Weis Fogh and J. Jørgensen Søren, Agents); Kingdom of Sweden (represented initially by: A. Kruse and K. Norman, later by: A. Falk, S. Johannesson, K. Petkovska and C. Meyer-Seitz, Agents); and European Data Protection Supervisor (EDPS) (represented by: H. Hijmans, H. Kranenborg and R. Barceló, Agents)

Re:

Annulment of the decision of the Commission of 10 February 2004 refusing the applicant’ request for access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995.

Operative part of the judgment

The Court:

1. Annuls the decision of the Commission of the European Communities of 10 February 2004 refusing to give Mr Gregorio Valero Jordana access to the reserve list for open competition A7/A6 COM/A/637 and the individual decisions appointing officials in Grade A 6 from 5 October 1995;

2. Orders the Commission to bear its own costs and to pay Mr Valero Jordana's costs;

3. Orders the Kingdom of Sweden to bear its own costs;

4. Orders the European Data Protection Supervisor (EDPS) to bear his own costs

5. Removes the Kingdom of Denmark as an intervener in Case T-161/04;

6. Orders the Kingdom of Denmark to bear its own costs;

7. Orders Mr Valero Jordana, the Commission, the Kingdom of Sweden and the EDPS to bear their own costs in regard to the Kingdom of Denmark's intervention.

(1) OJ C 168, 26.06.2004.
EN Official Journal of the European Union C 256/21

Judgment of the Court of First Instance of 9 September 2009 — Clearstream v Commission

(Case T-301/04) (1)

(Competition - Abuse of a dominant position - Financial services - Decision finding an infringement of Article 82 EC - Refusal to provide cross-border clearing and settlement services - Discriminatory pricing - Relevant market - Imputability of the infringement)

2009/C 256/35

Language of the case: German

Parties

Applicants: Clearstream Banking AG (Frankfurt am Main, Germany) and Clearstream International SA (Luxembourg, Luxembourg) (represented by: H. Satzky and B. Maassen, lawyers)

Defendant: Commission of the European Communities (represented initially by: T. Christoforou, A. Nijenhuis and M. Schneider, and subsequently by A. Nijenhuis and R. Sauer, acting as Agents)

Re:

Application for annulment of Commission Decision C (2004) 1958 final of 2 June 2004, relating to a proceeding under Article 82 [EC] (Case COMP/38.096 — Clearstream (Clearing and Settlement)).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Clearstream Banking AG and Clearstream International to pay the costs.

(1) OJ C 262, 23.10.2004.
EN Official Journal of the European Union C 183/19

Judgment of the Court of First Instance (First Chamber) of 5 June 2008 — Internationaler Hilfsfonds v Commission

(Case T-141/05) (1)

(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Partial refusal - Non-actionable measure - Merely confirmatory measure - Inadmissibility)

(2008/C 183/38)

Language of the case: German

Parties

Applicant: Internationaler Hilfsfonds eV (Rosbach, Germany) (represented by: H. Kaltenecker, lawyer)

Defendant: Commission of the European Communities (represented by: P. Costa de Oliveira, S. Fries and C. Ladenburger, Agents)

Re:

Application for annulment of the so-called decision contained in the letter of the Commission of 14 February 2005 refusing the applicant access to certain documents from the file regarding the contract LIEN 97-2011.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Internationaler Hilfsfonds to pay its own costs and those of the Commission.

(1) OJ C 143 of 11.6.2005.
EN Official Journal of the European Union C 22/42

Judgment of the Court of First Instance of 13 December 2007 — Angelidis v Parliament

(Case T-113/05) (1)

(Staff cases - Officials - Filling an A2 post - Rejection of candidature - Breach of essential procedural requirements - Action for annulment - Action for damages)

(2008/C 22/77)

Language of the case: French

Parties

Applicant: Angel Angelidis (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented by: A. Bencomo Weber, J. F. de Wachter and A. Lukošiūtė, agents)

Re:

First, application for annulment of the decision of the European Parliament to reject the candidature of the applicant for the post of Director of the ‘Budgetary Affairs’ Directorate of the Directorate-General for Committees responsible for the internal policies of the Parliament and to appoint another candidate to the post and, second, an application for damages to compensate for the damage allegedly suffered by the applicant as a result of the rejection of his candidature.

Operative part of the judgment

The Court:

1. Annuls the decision of the Bureau of the European Parliament of 25 February 2004 appointing Mr Alfredo De Feo to the position of Director of Budgetary Affairs of the Directorate-General for Committees responsible for the internal policies of the European Parliament.

2. Dismisses the remainder of the action;

3. Orders the Parliament to pay the costs.

(1) OJ C 115, 14.5.2005.
EN Official Journal of the European Union C 6/20

Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 — SPM v Council and Commission

(Case T-128/05) (1)

(Non-contractual liability of the Community - Common organisation of the markets - Bananas - Rules for importing of bananas from ACP countries into the European Union - Lawful or unlawful conduct - Loss allegedly suffered by independent ACP producer)

(2009/C 6/39)

Language of the case: French

Parties

Applicant: Société des plantations de Mbanga SA (SPM) (Douala, Cameroon) (represented initially by P. Soler Couteaux and S. Cahn, then by S. Cahn, B. Doré and A. Farache, lawyers)

Defendants: Council of the European Union (represented by: A. De Gregorio Merino, M. Balta and A. Westerhoff Löfflerova, Agents) and Commission of the European Communities (represented by: F. Clotuche-Duvieusart and L. Visaggio, Agents)

Re:

Action for damages pursuant to Article 235 EC and the second paragraph of Article 288 EC, based, principally, on the unlawful conduct of the Council and the Commission in the establishment of the rules relating to the import of bananas into the Community and, alternatively, on the liability of the Community in the absence of unlawful conduct by those two institutions.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Société des plantations de Mbanga SA (SPM) to pay the costs.

(1) OJ C 171, 9.7.2005.
EN Official Journal of the European Union C 272/17

Judgment of the Court of First Instance of 10 September 2008 — Evropaïki Dinamiki v Commission

(Case T-59/05) (1)

(Public service contracts - Community tendering procedure - Provision of development, maintenance and support services for the financial information systems of the Directorate-General for Agriculture - Selection and award criteria - Rejection of a submitted tender - Obligation to state the reasons on which the decision is based - No manifest error of assessment - Principles of diligence and good administration)

(2008/C 272/30)

Language of the case: English

Parties

Applicants: Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE, (Athens, Greece) (represented by: N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities (represented: initially by K. Banks and E. Manhaeve, and subsequently by E. Manhaeve and M. Wilderspin, acting as Agents)

Re:

Annulment of the decision of the Commission of 23 November 2004 rejecting the bid filed by the applicant in the tendering procedure for the provision of computer and related services linked to the information systems of the Directorate-General for Agriculture and of the decision of the Commission to award the contract to another bidder.

Operative part of the judgment

The Court:

1. The action is dismissed as being unfounded.

2. The Commission shall bear its own costs and shall pay one fifth of the costs incurred by Evropaïki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE.

3. Evropaïki Dinamiki shall bear four fifths of its costs.

(1) OJ C 106, 30.4.2005.
EN Official Journal of the European Union C 205/31

Judgment of the Court of First Instance of 9 July 2009 — JSC Kirovo-Chepetsky Khimichesky Kombinat v Council

(Case T-348/05 INT)

(Procedure - Interpretation of a judgment)

2009/C 205/54

Language of the case: English

Parties

Applicant: JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo-Chepetsk, Russia) (represented by: B. Evtimov, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, lawyer)

Intervener in support of the defendant: Commission of the European Communities (represented by K. Talabér-Ritz and H. van Vliet, Agents)

Re:

Application for interpretation of the judgment of the Court of First Instance of 10 September 2008 in Case T-348/05.

Operative part of the judgment

The Court:

1. Declares that the first point of the operative part of the judgment of the Court of First Instance of 10 September 2008 in Case T-348/05 JSC Kirovo-Chepetsky Khimichesky Kombinat v Council is to be interpreted as meaning that Regulation (EC) No 945/2005 of 21 June 2005, amending Regulation (EC) No 658/2002, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia, and Regulation (EC) No 132/2001, imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96, is annulled in so far as it concerns JSC Kirovo-Chepetsky Khimichesky Kombinat;

2. Orders JSC Kirovo-Chepetsky Khimichesky Kombinat, the Council of the European Union and the Commission of the European Communities to bear their own costs;
EN Official Journal of the European Union C 113/31

Judgment of the Court of First Instance of 11 March 2009 — TF1 v Commission

(Case T-354/05) (1)

(State aid - Financing of France Télévisions by the audiovisual licence fee - Constant review of existing aid - Recommendation for the adoption of appropriate measures - Member State’s commitments accepted by the Commission - Decision declaring the aid compatible with the common market - Action for annulment - Period allowed for commencing proceedings - Nature of the contested measure - Interest in bringing proceedings - Admissibility - Rights of the defence - Obligation to state the reasons on which the decision is based - Altmark judgment)

2009/C 113/62

Language of the case: French

Parties

Applicant: Télévision française 1 SA (TF1) (Boulogne-Billancourt, France) (represented by: J.-P. Hordies and C. Smits, lawyers)

Defendant: Commission of the European Communities (represented by: C. Giolito, acting as Agent)

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and A.-L. Vendrolini, acting as Agents); and France Télévisions S.A. (Paris, France) (represented by: J.-P. Gunther and D. Tayar, lawyers)

Re:

Application for the annulment of Commission Decision C(2005) 1166 final of 20 April 2005 on aid granted to France Télévisions [aid E 10/2005 (ex C 60/1999) — France, Audiovisual licence fee].

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Télévision française 1 SA (TF1) to bear its own costs and to pay those incurred by the Commission and by France Télévisions SA;

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

(1) OJ C 315, 10.12.2005.
EN Official Journal of the European Union C 148/25

Judgment of the General Court of 28 April 2010 — Gütermann and Zwicky v Commission

(Joined Cases T-456/05 and T-457/05) (1)

(Competition - Agreements, decisions and concerted practices - European market in industrial thread - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fines - Gravity of the infringement - Actual impact on the market - Duration of the infringement - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Guidelines on the method of setting fines)

2010/C 148/44

Language of the case: German

Parties

Applicants: Gütermann AG (Gutach-Breisgau, Germany) (Case T-456/05); and Zwicky & Co. AG (Wallisellen, Switzerland) (Case T-457/05) (represented by: J. Burrichter, B. Kasten and S. Orlikowski-Wolf, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, M. Schneider and K. Mojzesowicz, and subsequently by F. Castillo de la Torre and K. Mojzesowicz, acting as Agents)

Re:

Application for annulment of Commission Decision C(2005) 3452 of 14 September 2005 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.337 — PO/Thread), as amended by Commission Decision C(2005) 3765 of 13 October 2005 and, in the alternative, for reduction of the fine imposed on the applicants by that decision

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Gütermann AG et Zwicky & Co. AG to pay the costs.

(1) OJ C 60, 11.3.2006.
EN Official Journal of the European Union C 282/37

Judgment of the Court of First Instance of 2 October 2009 — Estonia v Commission

(Case T-324/05) (1)

(Agriculture - Common organisation of the markets - Transitional measures to be adopted by reason of the accession of new Member States - Regulation (EC) No 832/2005 laying down transitional measures in the sugar sector - Action for annulment - Collegiality - Concept of ‘stock’ - Circumstances in which stocks were built up - Statement of reasons - Sound administration - Good faith - Non-discrimination - Right of property - Proportionality)

2009/C 282/69

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by: L. Uibo, Agent)

Defendant: Commission of the European Communities (represented by: intially L. Visaggio and E. Randvere and subsequently by T. van Rijn, H. Tserepa-Lacombe and E. Randvere, Agents)

Intervener in support of the applicant: Republic of Latvia (represented by: intially E. Balode-Buraka, L. Ostrovska and K. Drēviņa, Agents)

Re:

Application for annulment of Commission Regulation (EC) No 832/2005 of 31 May 2005 on the determination of surplus quantities of sugar, isoglucose and fructose for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2005 L 138, p. 3)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Estonia to bear its own costs and pay those incurred by the Commission of the European Communities;

3. Orders the Republic of Latvia to bear its own costs.

(1) OJ C 271, of 29.10.2005.
EN Official Journal of the European Union C 311/31

Judgment of the General Court of 9 September 2011 — Greece v Commission

(Case T-344/05) (1)

(EAGGF - Guaranteee Section - Expenditure excluded from Community financing - Beef - Extensification payment - Arable crops - Fruit and vegetables - Aid for processing of citrus fruit - Conditions for application of 100 % flat-rate financial correction - Proportionality)

2011/C 311/52

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Khalkias and E. Svolopoulou, agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe and L. Visaggio, agents, and by N. Korogiannakis, lawyer)

Re:

Partial annulment of Commission Decision 2055/555/EC of 15 July 2005, excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 188, p. 36), in so far as it excludes certain expenditure incurred by the Hellenic Republic in the beef, arable crops and fruit and vegetables sectors.

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2055/555/EC of 15 July 2005, excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it excludes from Community financing expenditure incurred by the Hellenic Republic in respect of extensification payments made for the years 2000 and 2001;

2. Dismisses the action for the remainder;

3. Orders the Hellenic Republic to bear two thirds of its own costs and to pay two thirds of the costs of the European Commission;

4. Orders the Commission to bear one third of its own costs and to pay one third of the costs of the Hellenic Republic.

(1) OJ C 281, 12.11.2005.
EN Official Journal of the European Union C 209/32

Judgment of the General Court of 9 June 2010 — Éditions Jacob v Commission

(Case T-237/05) (1)

(Access to documents of the institutions - Regulation (EC) No 1049/2001 - Documents relating to a procedure concerning a merger between undertakings - Regulation (EC) No 4064/89 - Regulation (EC) No 139/2004 - Regulation (EC) No 802/2004 - Refusal to grant access - Exception relating to the protection of investigations and audits - Exception relating to the protection of commercial interests - Exception relating to the protection of the decision-making process - Exception relating to the protection of legal advice)

2010/C 209/45

Language of the case: French

Parties

Applicant: Éditions Odile Jacob SAS (Paris, France) (represented by: initially W. van Weert and O. Fréget, later O. Fréget, lawyers)

Defendant: European Commission (represented by: X. Lewis, P. Costa de Oliveira and O. Beynet, agents)

Intervener in support of the defendant: Lagardère SCA (represented by initially A. Winckler, S. Sorinas Jimeno and I. Girgenson, later A. Winckler, F. de Bure and J. B. Pinçon, lawyers)

Re:

Annulment of the Commission decision of 7 April 2005 dismissing in part the applicant’s request seeking access to certain documents relating to a procedure concerning a merger between undertakings (Case No COMP/M.2978 — Lagardère/Natexis/VUP),

Operative part of the judgment

The Court:

1. Declares that there is no further need to rule on the lawfulness of the Decision D(2005) 3286 of the Commission of the European Communities of 7 April 2005, as it refused total or partial access to the documents set out at paragraph 1(a) to (c) and at paragraph 2(h) and (j) of this judgment

2. Annuls Decision D(2005) 3286 in so far as it refuses to grant total access to the documents referred to in paragraph 1(d), (e), (g), (h) and (i) and paragraph 2(b) to (d), (f), (g) and (i) of the present judgment, with the exception of the opinion of the Commission's legal service referred to in paragraph 1(g) of the present judgment.

3. Annuls Decision D(2005) 3286 in so far as it refuses to grant partial access to the documents referred to in paragraph 1(d),(e),(g) and (h) and paragraph 2(b) to (d), (f),(g) and (i) of the present judgment.

4. Dismisses the action as to the remainder.

5. Orders the Commission to bear its own costs and to pay nine tenths of the costs incurred by Éditions Odile Jacob SAS.

6. Orders Lagardère SCA to bear its own costs.

(1) OJ C 205 of 20.8.2005.
EN Official Journal of the European Union C 79/27

Judgment of the Court of First Instance of 13 February 2008 — Sanofi-Aventis v OHIM

(Case T-146/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ATURION - Earlier national mark URION - Relative ground for refusal - Lack of likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 79/54)

Language of the case: Spanish

Parties

Applicant: Sanofi-Aventis SA (Paris, France) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: GD Searle LLC (New York, New York, United States of America)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005-1) concerning opposition proceedings between Sanofi-Aventis SA and GD Searle LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sanofi-Aventis SA to pay the costs.

(1) OJ C 190, 12.8.2006.