ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 133/23

Judgment of the General Court of 21 March 2012 — Feng Shen Technology v OHIM — Majtczak (FS)

(Case T-227/09) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark FS - Applicant acting in bad faith - Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 52(1)(b) of Regulation (EC) No 207/2009))

2012/C 133/43

Language of the case: English

Parties

Applicant: Feng Shen Technology Co. Ltd (Guieshan Township, Taïwan) (represented by: P. Rath and W. Festl-Wietek, 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: (Jarosław Majtczak (Łódź, Poland) (represented by: initially by J. Wyrwas, and subsequently by J. Radłowski, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 April 2009 (Case R 529/2008-4), relating to invalidity proceedings between Feng Shen Technology Co. Ltd and Jarosław Majtczak

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 1 April 2009 (Case R 529/2008-4);

2. Orders OHIM to bear its own costs and pay the costs of Feng Shen Technology Co. Ltd;

3. Orders Mr Jarosław Majtczak to bear his own costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 73/26

Judgment of the General Court of 1 February 2012 — Carrols v OHIM — Gambettola (Pollo Tropical CHICKEN ON THE GRILL)

(Case T-291/09) (1)

(Community trade mark - Invalidity proceedings - Figurative Community mark Pollo Tropical CHICKEN ON THE GRILL - Absolute grounds for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)

2012/C 73/51

Language of the case: Spanish

Parties

Applicant: Carrols Corp. (Dover, Delaware, United States) (represented by: I. Temiño Ceniceros, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Giulio Gambettola (Los Realejos, Spain) (represented by: F. Brandolini Kujman, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Carrols Corp. to pay the costs.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 243/15

Judgment of the General Court of 3 July 2012 — Denmark v Commission

(Case T-212/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Arable crops - Setting aside of land)

2012/C 243/27

Language of the case: Danish

Parties

Applicant: Kingdom of Denmark (represented initially by: J. Bering Liisberg, and subsequently by: V. Pasternak Jorgensen, acting as Agents, and by P. Biering and J. Pinborg, lawyers)

Defendant: European Commission (represented initially by: N. Rasmussen and F. Jimeno Fernández; and subsequently by F. Jimeno Fernández, acting as Agents, and by T. Ryhl, lawyer)

Re:

Annulment in part of Commission Decision 2009/253/EC of 19 March 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2009 L 75, p. 15), in so far as it excludes from Community financing certain expenditure incurred by the Kingdom of Denmark in respect of the setting aside of land

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 217/17

Judgment of the General Court of 13 June 2012 Insula v Commission

(Case T-366/09) (1)

(Arbitration clause - Financing contracts for research and development projects - Ecres, El Hierro, Islands 2010, Opet I, Opet II, Opet Ola, Respire, Sustainable Communities and Virtual Campus contracts - Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses - Reimbursement of sums advanced - Partial inadmissibility of the action - Counterclaim by the Commission)

2012/C 217/34

Language of the case: French

Parties

Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: J.-D. Simonet and P. Marsal, lawyers)

Defendant: European Commission (represented initially by A.-M. Rouchaud-Joët and F. Mirza, and subsequently by A.-M. Rouchaud-Joët and D. Calciu, Agents, and by L. Defalque and S. Woog, lawyers)

Re:

Application, on the basis of Article 238 EC, for a declaration, first, that a claim of the Commission of EUR 114 996,82 is unfounded and, second, that a claim of the Commission of EUR 253 617,08 is well founded in part, and that the Commission be ordered to pay the applicant damages of EUR 146 261,06, principally, and of EUR 573 273,42, in the alternative.

Operative part of the judgment

The Court:

1. Dismisses the action brought by the Conseil scientifique international pour le développement des îles (Insula);

2. Orders Insula to pay the European Commission the principal sum of EUR 114 996,82, increased by default interest at the rate of 2,5 % per annum, from 16 August 2009 until full payment of that principal sum;

3. Orders Insula to pay the Commission the principal sum of EUR 253 617,08, increased by default interest at the rate of 2,5 % per annum, from 8 September 2009 until full payment of that principal sum;

4. Dismisses the remainder of the Commission’s counterclaim;

5. Orders Insula to bear its own costs and to pay those incurred by the Commission.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 366/29

Judgment of the General Court of 10 October 2012 — Greece v Commission

(Case T-158/09) (1)

(EAGGF - ‘Guarantee’ section - Expenditure excluded from financing - Clearance of accounts of the paying agencies of Member States concerning expenditure financed by the EAGGF - Negligence of the Member State in the recovery of sums wrongly paid - Liability of the Member State for the financial consequences of failure to recover)

2012/C 366/55

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias, S. Papaïoannou and V. Karra, agents)

Defendant: European Commission (represented by: F. Jimeno Fernández and E. Tserepa-Lacombe, agents, and N. Korogiannakis, lawyer)

Re:

Action for annulment or variation of Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context of clearance of accounts in respect of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), ‘Guarantee’ Section, in certain cases of irregularity by operators, in so far as that decision excludes from Community funding, and imposes on the Hellenic Republic liability for, a sum of EUR 13 348 979,02

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2009) 810 final of 13 February 2009 on the financial treatment to be applied, in the context of clearance of expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF) ‘Guarantee’ Section, in certain cases of irregularity by operators, in so far as it closes the files EL/1993/01 and EL/1994/031 and in that regard imposes on the Hellenic Republic liability for the sums of EUR 519 907 and EUR 300 914,99;

2. Dismisses the action for the remainder;

3. Orders the Hellenic Republic to bear four fifths of its own costs and to pay four fifths of the costs of the European Commission.

4. orders the Commission to bear one fifth of its costs and one fifth of the costs of the Hellenic Republic.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 343/13

Judgment of the General Court of 20 September 2012 — DEI v Commission

(Case T-421/09) (1)

(Competition - Abuse of dominant position - Greek markets for the supply of lignite and wholesale electricity - Decision establishing the specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC, identified in an earlier decision - Article 86(3) EC - Annulment of the earlier decision)

2012/C 343/19

Language of the case: Greek

Parties

Applicant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: P. Anestis, lawyer)

Defendant: European Commission (represented by: T. Christoforou and A. Antoniadis, Agents, and by A. Oikonomou, lawyer)

Intervener in support of the applicant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents, and by M. Marinos, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 6244 final of 4 August 2009 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of DEI for the extraction of lignite.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2009) 6244 final of 4 August 2009 establishing the specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of Dimosia Epicheirisi Ilektrismou AE (DEI) for the extraction of lignite;

2. Orders the European Commission to pay the costs incurred by DEI, in addition to bearing its own;

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

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 71/15

Judgment of the General Court of 24 January 2013 — Fercal — Consultadoria e Serviços v OHIM — Jacson of Scandinavia (JACKSON SHOES)

(Case T-474/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark JACKSON SHOES - Earlier national business name JACSON OF SCANDINAVIA AB - Relative ground for refusal - Relative ground for invalidity - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)

2013/C 71/21

Language of the case: Portuguese

Parties

Applicant: Fercal — Consultadoria e Serviços, Lda (Lisbon, Portugal) (represented by: A. Rodrigues, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Jacson of Scandinavia AB (Vollsjö, Sweden)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 August 2009 (Case R 1253/2008-2), relating to invalidity proceedings between Jacson of Scandinavia AB and Fercal — Consultadoria e Serviços, Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fercal — Consultadoria e Serviços, Lda to pay the costs.

(1) OJ C 63, 13.3.2010.
EN Official Journal of the European Union C 399/17

Judgment of the General Court of 15 November 2012 — Verband Deutscher Prädikatsweingüter v OHIM (GG)

(Case T-278/09) (1)

(Community trade mark - Application for the Community collective word mark GG - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2012/C 399/29

Language of the case: German

Parties

Applicant: Verband Deutscher Prädikatsweingüter eV, formerly Verband Deutscher Prädikats- und Qualitätsweingüter eV (Mainz, Germany) (represented by: N. Schindler, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially B. Schmidt, subsequently G. Schneider and lastly D. Walicka, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 1568/2008-1), concerning an application for registration of the word sign GG as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Verband Deutscher Prädikatsweingüter eV to pay the costs.

(1) OJ C 220, 12.9.2009.
Judgment of the General Court of 23 January 2014 — Gigaset v Commission

(Case T-395/09) (1)

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Imputability of the unlawful conduct - Obligation to state reasons - Fines - Duration of the infringement - Equal treatment - Mitigating circumstances - Cooperation during the administrative procedure - Joint and several liability for payment of a fine - 2006 guidelines on the method of setting fines)

(2014/C 71/25)

Language of the case: German

Parties

Applicant: Gigaset AG, formerly Arques Industries AG (Munich, Germany) (represented by: C. Grave, B. Meyring and A. Scheidtmann, lawyers)

Defendant: European Commission (represented by: N. von Lingen and R. Sauer, acting as Agents, and A. Böhlke, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it relates to the applicant, and, in the alternative, for the reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Fixes the amount of the fine imposed on Gigaset AG under Article 2(f) of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) at EUR 12.3 million;

2. Dismisses the action as to the remainder;

3. Orders Gigaset to bear 90 % of its own costs and 90 % of those incurred by the Commission, with the exception of the costs relating to the proceedings for interim measures. The Court orders the Commission to pay 10 % of its own costs and 10 % of the costs incurred by Gigaset, with the exception of the costs relating to the proceedings for interim measures.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 313/19

Judgment of the General Court of 12 September 2013 — Italy v Commission

(Case T-218/09) (1)

(Languages - Notices of open competition for the recruitment of assistants - Language of the tests - Choice of second language from three official languages)

2013/C 313/35

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented initially by: J. Currall and J. Baquero Cruz, and subsequently by: J. Currall and G. Gattinara, acting as Agents)

Intervener in support of the applicant: Republic of Latvia (represented by: K. Drēviņa, acting as Agent)

Re:

Application for annulment of Notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union of 18 March 2009 (OJ 2009 C 63 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls the notices of open competitions EPSO/AST/91/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the offset printing field, and EPSO/AST/92/09, to constitute a reserve list for the recruitment of assistants (AST 3) in the pre-press field, published in the Official Journal of the European Union on 23 January 2008;

2. Orders the Italian Republic, the Republic of Latvia and the European Commission to bear their own costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 146/33

Judgment of the General Court of 17 March 2015 — Pollmeier Massivholz v Commission

(Case T-89/09) (1)

((State aid - State measures concerning the establishment of a sawmill in the Land of Hessen - Action for annulment - Letter sent to the complainants - Act not amenable to review - Inadmissibility - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties - Calculation of the aid element of State guarantees - Commission Notice on State aid in the form of guarantees - Undertaking in difficulty - Sale of public land - Rights of the defence - Obligation to state reasons))

(2015/C 146/44)

Language of the case: German

Parties

Applicant: Pollmeier Massivholz GmbH & Co. KG (Creuzburg, Germany) (represented by: initially J. Heithecker and F. von Alemann, then J. Heithecker, lawyers)

Defendant: European Commission (represented by: C. Urraca Caviedes and F. Erlbacher, acting as Agents)

Intervener in support of the defendant: Land Hessen (Germany) (represented by: U. Soltész and P. Melcher, lawyers)

Re:

Application for annulment, first, of Commission Decision C(2008) 6017 final of 21 October 2008, State aid No 512/2007 — Germany, Abalon Hardwood Hessen GmbH, and, second, of the decision allegedly contained in letter D/55056 of the Commission of 15 December 2008 concerning the State aid procedure CP 195/2007 — Abalon Hardwood Hessen GmbH.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2008) 6017 final of 21 October 2008, State aid No 512/2007 — Germany, Abalon Hardwood Hessen GmbH in so far as it concluded that the State guarantees granted by the Land Hessen do not constitute State aid within the meaning of Article 87(1) EC;

2. Dismisses the action as to the remainder;

3. Orders Pollmeier Massivholz GmbH & Co. KG to bear four-fifths of its own costs, four-fifths of the costs of the European Commission and four-fifths of the costs of the Land Hessen;

4. Orders the Commission to bear one-fifth of its own costs and one-fifth of the costs of Pollmeier Massivholz;

5. Orders the Land Hessen to bear one-fifth of its own costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 292/26

Judgment of the General Court of 17 July 2014 — Westfälisch-Lippischer Sparkassen- und Giroverband v Commission

(Case T-457/09) (1)

((State aid - Restructuring of WestLB - Aid to remedy a serious disturbance in the economy of a Member State - Article 87(3)(b) EC - Decision declaring the aid compatible with the common market under certain conditions - Action for annulment - Individual concern - Legal interest in bringing proceedings - Admissibility - Collegiality - Obligation to state reasons - Guidelines on State aid for rescuing and restructuring firms in difficulty - Proportionality - Principle of non-discrimination - Article 295 EC - Article 7(4) of Regulation (EC) No 659/1999))

2014/C 292/31

Language of the case: German

Parties

Applicant: Westfälisch-Lippischer Sparkassen- und Giroverband (Münster, Germany) (represented initially by A. Rosenfeld and I. Liebach, and subsequently by A. Rosenfeld and O. Corzilius, lawyers)

Defendant: European Commission (represented initially by L. Flynn, K. Gross and B. Martenczuk, and subsequently by L. Flynn, B. Martenczuk and T. Maxian Rusche, acting as Agents)

Re:

Action for the annulment of Commission Decision 2009/971/EC of 12 May 2009 on State aid C 43/2008 (ex N 390/2008) which Germany proposes to grant towards the restructuring of WestLB AG (OJ 2009 L 345, p. 1).

Operative part of the judgment

The Court:

1. Rejects the Commission’s request for a declaration that there is no need to adjudicate;

2. Dismisses the action;

3. Orders Westfälisch-Lippischer Sparkassen- und Giroverband to bear its own costs and to pay those incurred by the Commission, including the costs relating to the interim proceedings.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 311/43

Judgment of the General Court of 9 September 2011 — BVR v OHIM — Austria Leasing (Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppe Österreich)

(Case T-197/10) (1)

(Community trade mark - Opposition Proceedings - Application for Community figurative mark Austria Leasing Gesellschaft m.b.H Mitglied der Raiffeisen-Bankengruppe Österreich - Earlier national figurative mark Raiffeisenbank - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 311/80

Language of the case: German

Parties

Applicant: Bundesverband der Deutschen Volksbanken und Raiffeisenbanken e.V. (BVR) (Berlin, Germany) (represented by: I. Rinke, lawyer)

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, intervener before the General Court: Austria Leasing GmbH (Eschborn, Germany) (represented by: B. Joachim, lawyer)

Re:

Action brought for the annulment of the decision of the First Board of Appeal of OHIM of 3 February 2010 (Case R 248/2009-1), relating to opposition proceedings between the Bundesverband der Deutschen Volksbanken und Raiffeisenbanken e.V. (BVR) and Austria Leasing GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Bundesverband der Deutschen Volksbanken und Raiffeisenbanken e.V. (BVR) to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 186/25

Judgment of the General Court of 11 May 2011 — Flaco Geräte v OHIM — Delgado Sámchez (FLACO)

(Case T-74/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark FLACO - Earlier national word mark FLACO - Relative ground for refusal - Identical goods - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 - Request for proof of genuine use of the earlier mark submitted for the first time before the Board of Appeal - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95)

2011/C 186/46

Language of the case: English

Parties

Applicant: Flaco Geräte GmbH (Gütersloh, Germany) (represented by: M. Wirtz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Jesús Delgado Sánchez (Socuellamos, Spain)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 November 2009 (Case R 86/2009-2) concerning opposition proceedings between Mr Jesús Delgado Sánchez and Flaco Geräte GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Flaco-Geräte GmbH to pay the costs.

(1) OJ C 100, 17.4.2010.