ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 11/24

Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (100 and 300)

(Joined Cases T-425/07 and T-426/07) (1)

(Community trade mark - Applications for Community figurative marks 100 and 300 - Statement as to the scope of protection - Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No 207/2009) - Lack of distinctive character)

2010/C 11/46

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: D. Rzążewska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and K. Zajfert, Agents)

Re:

Two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 3 September 2007 (Cases R 1274/2006-4 and R 1275/2006-4), concerning the applications for registration of the figurative marks 100 and 300 as Community trade marks.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 282/40

Judgment of the Court of First Instance of 5 October 2009 — de Brito Sequeira Carvalho v Commission and Commission v de Brito Sequeira Carvalho

(Joined Cases T-40/07 P and T-62/07 P) (1)

(Appeals - Staff cases - Officials - Leave - Medical leave - Placing on compulsory medical leave - Extension of compulsory medical leave - Prior new medical examination - Jurisdiction of the Civil Service Tribunal - Amendment of the subject-matter of the dispute)

2009/C 282/76

Language of the case: French

Parties

Appellants: José António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: O. Martins, lawyer) (T-40/07 P); and Commission of the European Communities (represented by: D. Martin, acting as Agent, assisted by C. Falmagne, lawyer) (T-62/07 P)

Other parties to the proceedings: Commission of the European Communities (represented by: D. Martin, acting as Agent, assisted by C. Falmagne, lawyer) (T-40/07 P); and José António de Brito Sequeira Carvalho (Brussels, Belgium) (represented by: O. Martins, lawyer) (T-62/07 P)

Re:

Two appeals against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 13 December 2006 in Case F-17/05 de Brito Sequeira Carvalho v Commission EC- SC-I-A-1-149 and II-A-I 577, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal in Case T-40/07 P;

2. Orders José António de Brito Sequeira Carvalho to bear his own costs and to pay those incurred by the Commission in the present proceedings;

3. Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 13 December 2006 in Case F-17/05 de Brito Sequeira Carvalho v Commission EC- SC-I-A-1-149 and II-A-I 577, in so far as it annulled the decision of 13 July 2004 and the decisions to extend the compulsory medical leave subsequent to the decision of 22 September 2004;

4. Dismisses the action brought by Mr de Brito Sequeira Carvalho before the Civil Service Tribunal in Case F-17/05 as inadmissible as regards the decision of 13 July 2004 and the decisions to extend the compulsory medical leave subsequent to the decision of 22 September 2004;

5. Dismisses the appeal in case T-62/07 P as to the remainder;

6. In Case T-62/07 P, orders Mr de Brito Sequeira Carvalho to bear half of his own costs relating to the proceedings before the Civil Service Tribunal and the present proceedings;

7. In Case T-62/07 P, orders the Commission to bear its own costs and to pay half the costs incurred by Mr de Brito Sequeira Carvalho relating to the proceedings before the Civil Service Tribunal and the present proceedings.

(1) OJ C 82, 14.04.2007.
EN Official Journal of the European Union C 134/30

Judgment of the General Court of 19 March 2010 — Mirto Corporación Empresarial v OHIM — Maglificio Barbara (Mirtillino)

(Case T-427/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Mirtillino - Earlier Community word mark MIRTO - Relative grounds 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))

2010/C 134/50

Language of the case: Spanish

Parties

Applicant: Mirto Corporación Empresarial, SL (Madrid, Spain) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Maglificio Barbara Srl (Busto Arsizio, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 August 2007 (Case R 875/2006-2), relating to opposition proceedings between Creaciones Mirto SA and Maglificio Barbara Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mirto Corporación Empresarial, SL to pay the costs.

(1) OJ C 22, 26.1.2008.
EN Official Journal of the European Union C 51/31

Judgment of the General Court of 20 January 2010 — Nokia v OHIM — Medion (LIFE BLOG)

(Case T-460/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LIFE BLOG - Earlier national word mark LIFE - 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) - Partial refusal to register)

2010/C 51/59

Language of the case: Finnish

Parties

Applicant: Nokia Oyj (Helsinki, Finland) (represented by: J. Tanhuanpää, 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 intervening before the General Court: Medion AG (Essen, Germany) (represented by: P.-M. Weisse, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of the OHIM of 2 October 2007 (Case R 141/2007-2), concerning opposition proceedings between Medion AG and Nokia Oyj

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nokia Oyj to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 30/33

Judgment of the General Court of 7 December 2010 — Fahas v Council

(Case T-49/07) (1)

(Common foreign and security policy - Restrictive measures with a view to combating terrorism - Freezing of funds - Action for annulment - Right to a fair hearing - Right to effective judicial protection - Statement of reasons - Action for damages)

2011/C 30/58

Language of the case: German

Parties

Applicant: Sofiane Fahas (Mielkendorf, Germany) (represented by: F. Zillmer, lawyer)

Defendant: Council of the European Union (represented initially by: M. Bishop, E. Finnegan and S. Marquardt, and subsequently by M. Bishop, J.-P. Hix and E. Finnegan, Agents)

Intervener in support of the defendant: Italian Republic (represented by: I. Bruni, acting as Agent, and G. Albenzio, avvocato dello Stato)

Re:

Application for annulment in part, most recently, of Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/868/EC (OJ 2008 L 188, p. 21), in so far it concerns the applicant, and an order that the Council no longer refer to the applicant’s name in its future decisions, in the absence of any final judicial decision, and also a claim for damages.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mr Sofiane Fahas, in addition to bearing his own costs, to pay those incurred by the Council of the European Union.

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

(1) OJ C 95, 28.4.2007.
Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission

(Case T-300/07) (1)

(Public service contracts - Community tendering procedure - Provision of information technology services relating to the management and maintenance of an internet portal - Rejection of the bid submitted by a tenderer - Award criteria - Obligation to state the reasons on which a decision is based - Manifest error of assessment - Equal treatment - Transparency)

(2010/C 288/60)

Language of the case: English

Parties

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

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, and by J. Stuyk, lawyer)

Re:

APPLICATION (i) for annulment of the Commission’s decisions of 21 May 2007 and 13 July 2007 rejecting the tenders submitted by the applicant in tendering procedure ENTR/05/78 for Lot 1 (Editorial Work and Translation) and Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal (OJ 2006/S 143-153057) and awarding those contracts to another tenderer and (ii) for damages

Operative part of the judgment

The Court:

1. Annuls the Commission’s decision of 13 July 2007 rejecting the tender submitted by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in tendering procedure ENTR/05/78 for Lot 2 (Infrastructure Management) for the management and maintenance of the ‘Your Europe’ portal and awarding that contract to another tenderer;

2. Dismisses the remainder of the claim for annulment;

3. Dismisses the claim for damages;

4. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis to pay 50 % of its own costs and 50 % of the costs incurred by the European Commission, and the European Commission to pay 50 % of its own costs and 50 % of those incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 252/31

Judgment of the General Court of 12 July 2011 — Mitsubishi Electric v Commission

(Case T-133/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing - Rights of the defence - Proof of the infringement - Duration of the infringement - Fines - Starting amount - Reference year - Equal treatment)

2011/C 252/73

Language of the case: English

Parties

Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, Solicitor, and K. Haegeman, lawyer)

Defendant: European Commission (represented by: F. Arbault and J. Samnadda, then X. Lewis, and subsequently P. Van Nuffel and J. Bourke, and finally P. Van Nuffel and N. Khan, Agents)

Re:

APPLICATION, primarily, for the annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent to which it concerns the applicant and TM T & D, in the alternative, for the annulment of Article 2(g) of that decision and Article 2(h) thereof, to the extent to which it concerns the applicant and, in the further alternative, amendment of Article 2 of that decision so as to cancel or, failing which, reduce the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 2(g) and (h) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) in so far as it concerns Mitsubishi Electric Corp;

2. Dismisses the action as to the remainder;

3. Orders Mitsubishi Electric to bear three quarters of the costs incurred by the parties before the Court;

4. Orders the European Commission to bear a quarter of the costs incurred by the parties before the Court.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 311/34

Judgment of the General Court of 15 September 2011 — CMB and Christof v Commission

(Case T-407/07) (1)

(Public supply contracts - EAR procurement procedure - Supply of equipment for the treatment of medical waste - Rejection of the tender - Action for annulment - Jurisdiction of the General Court - Period allowed for commencing proceedings - Preliminary administrative complaint - Excusable error - Award criteria - Procedural rules - Obligation to state reasons - Principle of sound administration - Non-contractual liability)

2011/C 311/60

Language of the case: English

Parties

Applicants: CMB Maschinenbau & Handels GmbH (Gratkorn, Austria) and J. Christof GmbH (Graz, Austria) (represented initially by A. Petsche, N. Niejahr, lawyers, F. Young, Solicitor, and Q. Azau, lawyer, and subsequently by A. Petsche, N. Niejahr and Q. Azau)

Defendant: European Commission, as the legal successor of the European Agency for Reconstruction (EAR) (represented by: P. van Nuffel, F. Erlbacher and T. Scharf, acting as Agents)

Re:

First, annulment of the decision of the European Agency for Reconstruction of 29 August 2007, rejecting the tender made by the applicants in response to an invitation to tender EuropeAid/124192/D/SUP/YU concerning the supply of equipment for medical waste management (OJ 2006 S 233 248826) and awarding the contract to another tenderer, and, second, application for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CMB Maschinenbau & Handels GmbH and J. Christof GmbH to bear their own costs and those incurred by the European Commission.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 269/42

Judgment of the General Court of 13 July 2011 — Dow Chemical and Others v Commission

(Case T-42/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Fines - Gravity and duration of the infringement - Aggravating circumstances)

2011/C 269/91

Language of the case: English

Parties

Applicants: The Dow Chemical Company (Midland, Michigan, United States); Dow Deutschland Inc. (Schwalbach, Germany); Dow Deutschland Anlagengesellschaft mbH (Schwalbach); and Dow Europe GmbH (Horgen, Switzerland) (represented initially by: D. Schroeder, P. Matthey and T. Graf, and subsequently by D. Schroeder and T. Graf, lawyers)

Defendant: European Commission (represented initially by: M. Kellerbauer, V. Bottka and J. Samnadda, and subsequently by M. Kellerbauer, V. Bottka and V. Di Bucci, Agents)

Re:

Application for annulment, so far as The Dow Chemical Company is concerned, of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or annulment, so far as Dow Deutschland Inc. is concerned, of Article 1 of that decision or reduction, so far as all the applicants are concerned, of the fine imposed on them.

Operative part of the judgment

The Court:

1. Annuls Article 1(b) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as Dow Deutschland Inc. is found to have participated in the infringement at issue from 1 July 1996 to 27 November 2001 instead of from 2 September 1996 to 27 November 2001;

2. Dismisses the action as to the remainder;

3. Orders The Dow Chemical Company, Dow Deutschland, Dow Deutschland Anlagengesellschaft mbH and Dow Europe GmbH to bear their own costs and to pay nine tenths of the costs incurred by the European Commission;

4. Orders the Commission to bear one tenth of its own costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 258/15

Judgment of the General Court of 12 July 2012 — Evropaïki Dynamiki v Frontex

(Case T-476/07) (1)

(Public service contracts - Frontex tendering procedures - Provision of informatics services - Rejection of a tender - Action for annulment - Admissibility - Obligation to state reasons - Award criteria - Manifest error of assessment - Non-contractual liability)

2012/C 258/23

Language of the case: English

Parties

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

Defendant: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: S. Vuorensola, acting as Agent, and J. Stuyck and A. M. Vandromme, lawyers)

Re:

First, annulment of Frontex’s decision rejecting the tender submitted by the applicant in response to the call for tenders Frontex/OP/47/2007 for the provision of ‘informatics services, hardware, and software licences’ (OJ 2007/S 114-139890) and of the decision to award the contract to a different tenderer and, secondly, a claim for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), including those reserved by the order of the General Court of 28 October 2008.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 126/11

Judgment of the General Court of 9 March 2012 — Comité de défense de la viticulture charentaise v Commission

(Case T-192/07) (1)

(Competition - Decision rejecting a complaint - No Community interest - Scope of the complaint - Competence of the author of the act - Obligation to state reasons)

2012/C 126/21

Language of the case: French

Parties

Applicant: Comité de défense de la viticulture charentaise (Sainte-Sévère, France) (represented by: C.-E. Gudin, lawyer)

Defendant: European Commission (represented by: initially F. Arbault and V. Bottka, and subsequently by V. Bottka and L. Malferrari, acting as Agents)

Re:

Application for annulment of Commission Decision SG-Greffe (2007) D/202076 of 3 April 2007 dismissing the complaint in Case COMP/38.863/B2-MODEF in relation to infringements of the EC Treaty

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Comité de défense de la viticulture charentaise to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 371/19

Judgment of the General Court of 18 September 2015 — Deutsche Post AG v Commission

(Case T-421/07 RENV) (1)

((State Aid - Postal delivery - Measures taken by the German authorities in favour of Deutsche Post AG - Decision to initiate the procedure laid down in Article 88(2) EC - Interest in bringing proceedings - Reopening of a closed procedure - Effects of a judgment anulling a measure))

(2015/C 371/21)

Language of the case: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) (represented by: J. Seddemund and T. Lübbig, lawyers)

Defendant: European Commission (represented by: B. Martenczuk, T Maxian Rusche and R Sauer, acting as Agents)

Intervener in support of the defendant: UPS Europe NV/SA (Brussels, Belgium); and UPS Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by: T. Ottervanger, lawyer)

Re:

Application for annulment of the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) [EC] concerning State aid granted by the Federal Republic of Germany in favour of Deutsche post AG (State aid C 36/07(ex NN 25/07)).

Operative part of the judgment

The Court:

1. Annuls the Commission decision of 12 September 2007 to initiate the procedure laid down in Article 88(2) EC concerning State aid granted by the Federal Republic Of Germany in favour of Deutsche Post AG (State aid C 36/07(ex NN 25/07)) in so far as it initiated the formal investigation procedure in respect of the public measures concerned, with the exception of the State guarantees granted in favour of Deutsche Bundespost Postdienst and Deutsche Post;

2. Orders the European Commission, in addition to bearing its own costs, to pay those incurred by Deutsche Post in respect of the action for annulment, including those incurred in the appeal proceedings before the Court of Justice;

3. Orders UPS Europe NV/SA and UPS Deutschland Inc. & Co. OHG to pay their own costs.

(1) OJ C 22, 26.1.2008
EN Official Journal of the European Union C 252/27

Judgment of the General Court of 11 July 2013 — BVGD v Commission

(Joined Cases T-104/07 and T-339/08) (1)

(Competition - Agreements and abuse of a dominant position - Rough diamond market - ‘Supplier of Choice’ (SOC) system of distribution - Decision rejecting a complaint - No Community interest - Legal basis - Procedural rights of a complainant - Access to documents - Obligations in relation to the investigation of a complaint - Market foreclosure effects - Manifest error of assessment)

2013/C 252/41

Language of the case: English

Parties

Applicant: Belgische Vereniging van handelaars in- en uitvoerders geslepen diamant (BVGD) (Antwerp, Belgium) (represented: initially by L. Levi and C. Ronzi and, in Case T-104/07, by G. Vandersanden, and subsequently by L. Levi and M. Vandenbussche, lawyers)

Defendant: European Commission (represented: initially by F. Castillo de la Torre, R. Sauer and J. Bourke, and subsequently by F. Castillo de la Torre and R. Sauer, Agents, and, in Case T-104/07, initially by S. Drakakakis, lawyer, and by T. Soames, Solicitor, and subsequently by T. Soames, and, in Case T-339/08, by T. Soames)

Interveners in support of the defendant: De Beers (Luxembourg, Luxembourg); and De Beers UK Ltd, formerly The Diamond Trading Co. Ltd (London, United Kingdom) (represented: initially by W. Allan and S. Horwitz, Solicitors, and subsequently by W. Allan, J. Ysewyn, lawyer, and N. Gràcia Malfeito, Solicitor, and lastly by N. Gràcia Malfeito, B. van de Walle de Ghelcke, J. Marchandise, lawyers, and P. Riedel, Solicitor)

Re:

Applications for the annulment of the Commission’s Decisions of 26 January 2007 (Case COMP/39.221/B-2 — BVGD/De Beers) and of 5 June 2008 (Case COMP/39.221/E-2 — De Beers/DTC Supplier of Choice) rejecting the applicant’s complaint against the interveners alleging infringement of Articles 81 EC and 82 EC in the rough diamond market through their use of distribution agreements known as ‘Supplier of Choice’ (SOC) arrangements.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Belgische Vereniging van handelaars in- en uitvoerders geslepen diamant (BVGD) to bear its own costs and to pay those incurred by the European Commission;

3. Orders De Beers and De Beers UK Ltd to bear their own costs.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 180/48

Judgment of the Court of First Instance of 11 June 2009 — Baldesberger v OHIM (Shape of tweezers)

(Case T-78/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - 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 180/89

Language of the case: German

Parties

Applicant: Fides B. Baldesberger (represented by: F. Nielsen, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 December 2007 (Case R 1405/2007-4) regarding an application for registration of a three-dimensional sign in the shape of tweezers as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Fides B. Baldesberger to pay the costs.

(1) OJ C 107 of 26.4.2008.