ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 114/30

Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Bilbaína de Alquitranes and Others v (ECHA)

(Case T-93/10) (1)

(REACH - Identification of pitch, coal tar, high temperature 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 114/46

Language of the case: English

Parties

Applicants: Bilbaína de Alquitranes (Luchana-Baracaldo, Spain); Cindu Chemicals BV, (Uithoorn, Netherlands); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA, (Oviedo, Spain); Koppers Denmark A/S, (Nyborg, Denmark); Koppers UK Ltd, (Scunthorpe, United Kingdom); Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV, (Zelzate, Belgium); and Rütgers Poland sp. z o.o., established in Kędzierzyn-Koźle (Poland)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)

Defendants: 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 identifying pitch, coal tar, high temperature (EC No 266-028-2) 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 (OJ 2006 L 396, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Bilbaína de Alquitranes, SA, Cindu Chemicals BV, Deza, a.s., Industrial Química del Nalón, SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 325/24

Judgment of the General Court of 16 September 2013 — Rubinetteria Cisal v Commission

(Case T-368/10) (1)

(Competition - Agreements, decisions and concerted parties - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Concept of infringement - 2002 Leniency Notice - Cooperation - 2006 Guidelines on the method of setting fines - Calculation of the fine - Inability to pay)

2013/C 325/39

Language of the case: Italian

Parties

Applicant: Rubinetteria Cisal (Alzo Frazione di Pella, Italy) (represented by: M. Pinnarò and P. Santer, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Antoniadis and L. Malferrari, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Application for annulment 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), 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 Rubinetteria Cisal SpA to bear its own costs and to pay those of the European Commission.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 377/11

Judgment of the General Court of 12 November 2013 — MOL v Commission

(Case T-499/10) (1)

(State aid - Agreement between the Hungarian State and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons - Subsequent change in the statutory system of fees - Decision declaring the aid incompatible with the internal market - Selective nature)

2013/C 377/25

Language of the case: English

Parties

Applicant: MOL Magyar Olaj- és Gázipari Nyrt. (Budapest, Hungary) (represented by: N. Niejahr, lawyer, F. Carlin, Barrister, and C. van der Meer, lawyer)

Defendant: European Commission (represented by: L. Flynn and K. Talabér-Ritz, Agents)

Re:

Principally, application for annulment of Commission Decision 2011/88/EU of 9 June 2010 on State aid C 1/09 (ex NN 69/08) granted by Hungary to MOL Nyrt. (OJ 2011 L 34, p. 55) and, in the alternative, for annulment of that decision in so far as it orders the recovery of amounts from the latter.

Operative part of the judgment

The Court:

1. Annuls European Commission Decision 2011/88/EU of 9 June 2010 on State aid C 1/09 (ex NN 69/08) granted by Hungary to MOL Nyrt;

2. Orders the European Commission to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 336/17

Judgment of the General Court of 16 September 2013 — Knut IP Management v OHIM — Zoologischer Garten Berlin (KNUT — DER EISBÄR)

(Case T-250/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark KNUT – DER EISBÄR - Earlier national word mark KNUD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2013/C 336/34

Language of the case: German

Parties

Applicant: Knut IP Management Ltd (London, United Kingdom) (represented: initially by C. Jaeckel, then by J. Steinberg, lawyers)

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 General Court: Zoologischer Garten Berlin AG (Berlin, Germany) (represented by: J. Schulz and P. Vatankhah, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 March 2010 (Case R 650/2009-1), relating to opposition proceedings between Zoologischer Garten Berlin AG and Knut IP Management Ltd.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Knut IP Management Ltd to pay the costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 462/19

Judgment of the General Court of 7 November 2014 — Autogrill España v Commission

(Case T-219/10) (1)

((State aid - Provisions relating to corporate tax enabling undertakings which have their tax domicile in Spain to amortise the goodwill flowing from the acquisition of shareholdings in undertakings which have their tax domicile abroad - Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Lack of identification of a category of undertakings benefitting from the measure - Infringement of Article 87(1) EC))

(2014/C 462/29)

Language of the case: Spanish

Parties

Applicant: Autogrill España, SA (Madrid, Spain) (represented initially by J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, and subsequently by J. Buendía Sierra, E. Abad Valdenebro and R. Calvo Salinero, lawyers)

Defendant: Commission (represented by R. Lyal and C. Urraca Caviedes, acting as Agents)

Re:

APPLICATION for annulment of Article 1(1) and Article 4 of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).

Operative part of the judgment

The Court:

1. Annuls Article 1(1) and Article 4 of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain;

2. Orders the European Commission to bear the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 142/30

Judgment of the General Court of 20 March 2014 — Faci v Commission

(Case T-46/10) (1)

((Competition - Agreements, decisions and concerted practices - European markets in ESBO/esters heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Fixing prices, allocating markets and customers and exchanging commercially sensitive information - Proof of one aspect of the infringement - Fines - Equal treatment - Good administration - Reasonable time - Proportionality))

2014/C 142/37

Language of the case: English

Parties

Applicant: Faci SpA (Milan, Italy) (represented by: S. Piccardo, lawyer, S. Crosby, Solicitor, and S. Santoro, lawyer)

Defendant: European Commission (represented by: initially by K. Mojzesowicz, F. Ronkes Agerbeek and J. Bourke, subsequently by F. Ronkes Agerbeek, J. Bourke and F. Castilla Contreras and lastly by F. Ronkes Agerbeek, F. Castilla Contreras and R. Sauer, 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/38589 — Heat Stabilisers), or, in the alternative, for annulment of the fine imposed on the applicant or a reduction in its amount.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Faci SpA to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 302/37

Judgment of the General Court of 15 July 2015 — Socitrel v Commission

(Cases T-413/10 and T-414/10) (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 - 2006 Guidelines on the method of setting fines - Reasonable time))

(2015/C 302/46)

Language of the case: Portuguese

Parties

Applicants: Socitrel — Sociedade Industrial de Trefilaria, SA (Trofa, Portugal) (represented by: F. Proença de Carvalho and T. Faria, lawyers) (Case T-413/10); and Companhia Previdente — Sociedade de Controle de Participações Financeiras, SA (Lisbon, Portugal) (represented by: D. Proença de Carvalho and J. Caimoto Duarte, lawyers) (Case T-414/10)

Defendant: European Commission (represented by: F. Castillo de la Torre, P. Costa de Oliveira and V. Bottka, Agents, and M. Marques Mendes, lawyer)

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. Joins Cases T-413/10 and T-414/10 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Socitrel — Sociedade Industrial de Trefilaria, SA and Companhia Previdente — Sociedade de Controle de Participações Financeiras, SA to bear their own costs and to pay those incurred by the European Commission, including those relating to the proceedings for interim measures.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 96/10

Judgment of the General Court of 5 February 2015 — Environmental Manufacturing v OHIM — Wolf (representing a wolf’s head)

(Case T-570/10 RENV) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark representing a wolf’s head - Earlier national and international figurative marks WOLF Jardin and Outils WOLF - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009))

(2015/C 096/11)

Language of the case: English

Parties

Applicant: Environmental Manufacturing LLP (Stowmarket, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Atkins, Solicitor)

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, being: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, avocat)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 October 2010 (Case R 425/2010-2), relating to opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP.

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 6 October 2010 (Case R 425/2010-2);

2. Orders OHIM to bear its own costs before the General Court and the Court of Justice, as well as half of those incurred by Environmental Manufacturing LLP before the General Court and the Court of Justice;

3. Orders Société Elmar Wolf to bear its own costs before the General Court and the Court of Justice, as well as half of those incurred by Environmental Manufacturing before the General Court and the Court of Justice.

(1) OJ C 63, 26.2.2011.
Judgment of the General Court of 15 November 2018 — World Duty Free Group v Commission

(Case T-219/10 RENV) (1)

((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))

(2019/C 25/41)

Language of the case: Spanish

Parties

Applicant: World Duty Free Group, SA, formerly Autogrill España, SA (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: R. Lyal, B. Stromsky, C. Urraca Caviedes and P. Němečková, acting as Agents)

Interveners in support of the applicant: Federal Republic of Germany (represented by: T. Henze, acting as Agent), Ireland (represented by: initially, G. Hodge and E. Creedon, and, subsequently, G. Hodge and D. Browne, acting as Agents, and by B. Doherty and A. Goodman, Barristers) and Kingdom of Spain (represented by: M. Sampol Pucurull, acting as Agent)

Re:

Application based on Article 263 TFEU and seeking annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48) and, in the alternative, of Article 4 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders World Duty Free Group, SA to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany, Ireland and the Kingdom of Spain to bear their own respective costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 346/13

Judgment of the General Court of 10 September 2015 — Dow AgroSciences and Dintec Agroquímica — Produtos Químicos v Commission

(Case T-446/10) (1)

((Plant protection products - Active substance trifluralin - Non-inclusion in Annex I to Directive 91/414/EEC - Regulation (EC) No 33/2008 - Accelerated assessment procedure - Manifest error of assessment - Principle of non-discrimination - Proportionality))

(2015/C 346/14)

Language of the case: English

Parties

Applicants: Dow AgroSciences Ltd (Hitchin, United Kingdom); and Dintec Agroquímica — Produtos Químicos, Lda (Funchal, Portugal) (represented by: K. Van Maldegem and C. Mereu, lawyers)

Defendant: European Commission (represented initially by P. Ondrůšek and F. Wilman, and subsequently by P. Ondrůšek and G. von Rintelen, acting as Agents, and J. Stuyck, lawyer)

Re:

Application for annulment of Commission Decision 2010/355/EU of 25 June 2010 concerning the non-inclusion of trifluralin in Annex I to Council Directive 91/414/EEC (OJ 2010 L 160, p. 30).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dow AgroSciences Ltd and Dintec Agroquímica — Produtos Químicos, Lda to bear their own costs and to pay the costs incurred by the European Commission.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 165/19

Judgment of the General Court of 24 April 2012 — Leifheit v OHIM (EcoPerfect)

(Case T-328/11) (1)

(Community trade mark - Application for Community word mark EcoPerfect - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2012/C 165/33

Language of the case: German

Parties

Applicant: Leifheit AG (Nassau, Germany) (represented by: G. Hasselblatt, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 March 2011 (Case R 1658/2010-1) concerning an application for registration of the word sign EcoPerfect as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Leifheit AG to pay the costs.

(1) OJ C 269, 10.9.2011.
EN Official Journal of the European Union C 219/15

Judgment of the General Court of 8 June 2011 — Bamba v Council

(Case T-86/11) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in Côte d’Ivoire - Freezing of funds - Obligation to state reasons)

2011/C 219/21

Language of the case: French

Parties

Applicant: Nadiany Bamba (Abidjan, Côte d’Ivoire) (represented by: P. Haïk and J. Laffont, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and A. Vitro, Agents)

Intervener in support of the defendant: European Commission (represented by: E. Cujo and M. Konstantinidis, Agents)

Re:

APPLICATION for annulment of Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 11, p. 36) and of Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (OJ 2011 L 11, p. 1), in so far as they concern the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, and Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire, in so far as they concern Ms Nadiany Bamba;

2. Maintains the effects of Decision 2011/18 in respect of Ms Bamba until the annulment of Regulation No 25/2011 takes effect;

3. Orders the Council of the European Union to pay, in addition to its own costs, those incurred by Ms Bamba;

4. Orders the European Commission to bear its own costs.

(1) OJ C 95, 26.3.2011.
EN Official Journal of the European Union C 217/22

Judgment of the General Court of 13 June 2012 — Süd-Chemie v OHIM — Byk-Cera (CERATIX)

(Case T-312/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CERATIX - Earlier national word mark CERATOFIX - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009)

2012/C 217/46

Language of the case: German

Parties

Applicant: Süd-Chemie AG (Munich, Germany) (represented by: Baron W. von der Osten-Sacken and A. Wenninger-Lenz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Byk-Cera BV (Deventer, Netherlands) (represented by: J. Kroher and A. Hettenkofer, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2011 (Case R 1585/2010-4) concerning opposition proceedings between Süd-Chemie AG and Byk-Cera BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Süd-Chemie AG to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 138/17

Judgment of the General Court of 29 March 2012 — Kaltenbach & Voigt v OHIM (3D eXam)

(Case T-242/11) (1)

(Community trade mark - International registration - Request for territorial extension of protection - Figurative mark 3D eXam - Absolute grounds for refusal - Descriptive character and lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2012/C 138/32

Language of the case: English

Parties

Applicant: Kaltenbach & Voigt GmbH (Biberach an der Riß, Germany) (represented by: M. Graf, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2011 (Case R 2361/2010-2) relating to a territorial extension to the European Union of the protection of the international registration of the figurative mark 3D eXam

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kaltenbach & Voigt GmbH to pay the costs.

(1) OJ C 211, 16.7.2011.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in pink, violet, beige and dark grey)

(Case T-31/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in pink, violet, beige and dark grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)

(2012/C 331/35)

Language of the case: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1284/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in pink, violet, beige and dark grey as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders V. Fraas GmbH to pay the costs.

(1) OJ C 72, 5.3.2011.