ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 346/21

Judgment of the General Court of 9 September 2015 — Toshiba v Commission

(Case T-104/13) (1)

((Competition - Agreements, decisions and concerted practices - Global market for cathode ray tubes for television sets and computer monitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Agreements and concerted practices on pricing, market sharing, capacity and production - Proof of participation in the cartel - Single and continuous infringement - Imputability of the infringement - Joint control - Fines - Unlimited jurisdiction))

(2015/C 346/23)

Language of the case: English

Parties

Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, J. Jourdan, A. Schulz and P. Berghe, lawyers)

Defendant: European Commission (represented by: A. Biolan, V. Bottka and M. Kellerbauer, acting as Agents)

Re:

Application for annulment of Commission Decision C(2012) 8839 final of 5 December 2012 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.437 — TV and Computer Monitor Tubes), in so far as it concerns the applicant, and, in the alternative, cancellation or reduction of the amount of the fine which was imposed on it.

Operative part of the judgment

The Court:

1. Annuls, in part, Article 1(2)(d) of Commission Decision C(2012) 8839 final of 5 December 2012 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.437 — TV and Computer Monitor Tubes) in so far as it finds that Toshiba Corp. participated in a global cartel in the market for colour picture tubes for television sets from 16 May 2000 until 31 March 2003;

2. Annuls Article 2(2)(g) of that decision in so far as it imposes a fine of EUR 28 048 000 on Toshiba for its direct participation in a global cartel in the market for colour picture tubes for television sets;

3. Sets the amount of the fine imposed on Toshiba in Article 2(2)(h) of the decision at issue, jointly and severally with Panasonic Corp. and MT Picture Display Co. Ltd, at EUR 82 826 000;

4. Dismisses the action as to the remainder;

5. Orders each party to bear its own costs.

(1) OJ C 114, 20.4.2013.
EN Official Journal of the European Union C 302/46

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

(Case T-314/13) (1)

((Cohesion Fund - Development of port infrastructures of the Autonomous Region of Madeira (Port of Caniçal) - Reduction of financial assistance - Non-compliance with the time-limit for adopting a decision - Infringement of essential procedural requirements))

(2015/C 302/59)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, M. Gorjão-Henriques and J. da Silva Sampaio, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, Agents)

Re:

Application for annulment of Articles 1 and 2 of Commission Decision C (2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C (2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal);

2. Orders the European Commission to pay the costs.

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 389/31

Judgment of the General Court of 23 September 2015 — Netherlands v Commission

(Joined Cases T-261/13 and T-86/14) (1)

((HICP - Regulation (EC) No 2494/95 - Harmonised indices of consumer prices at constant tax rates (HICP-CT) - Regulation (EU) No 119/2013 - Owner-occupied housing price indices - Regulation (EU) No 119/2013 - Eurostat - Committee procedure - Implementing measures - Regulatory procedure with scrutiny))

(2015/C 389/32)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented, in Case T-261/13, by M. Bulterman, J. Langer and B. Koopman and, in Case T-86/14, by M. Bulterman and J. Langer, acting as Agents)

Defendant: European Commission (represented by: M. Clausen and P. Van Nuffel, acting as Agents)

Re:

In Case T-261/13, an application for annulment of Commission Regulation (EU) No 119/2013 of 11 February 2013 amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates (OJ 2013 L 41, p. 1) and, in the alternative, an application for annulment of Article 1(2) of Regulation No 119/2013 as well as, in Case T-86/14, an application for annulment of Commission Regulation (EU) No 93/2013 of 1 February 2013 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (OJ 2013 L 33, p. 14) and, in the alternative, an application for annulment of Article 4(1) of Regulation No 93/2013.

Operative part of the judgment

The Court:

1. Annuls, in Case T-261/13, Article 1(2) of Commission Regulation (EU) No 119/2013 of 11 February 2013 amending Regulation (EC) No 2214/96 concerning harmonised indices of consumer prices (HICP): transmission and dissemination of sub-indices of the HICP, as regards establishing harmonised indices of consumer prices at constant tax rates;

2. Annuls, in Case T-86/14, Article 4(1) of Commission Regulation (EU) No 93/2013 of 1 February 2013 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices;

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

(1) OJ C 189, 29.6.2013.
3.

Orders the effects of Decision 2012/635 and Implementing Regulation No 945/2012 to be maintained as regards Iran Liquefied Natural Gas until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;
EN Official Journal of the European Union C 398/37

Judgment of the General Court of 15 October 2015 — Wolverine International v OHIM — BH Store (cushe)

(Case T-642/13) (1)

((Community trade mark - Invalidity proceedings - International registration designating the European Community - Figurative mark cushe - Earlier national word mark SHE and figurative mark she - Relative ground for refusal - Genuine use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 398/47)

Language of the case: English

Parties

Applicant: Wolverine International, LP (George Town, Cayman Islands, United Kingdom) (represented by: M. Plesser and R. Heine, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: BH Store BV (Curaçao, Curaçao, Autonomous Territory of the Netherlands) (represented by: T. Dolde, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2013 (Case R 1269/2012-4) concerning invalidity proceedings between BH Store BV and Wolverine International, LP.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wolverine International, LP to pay the costs, apart from those incurred by BH Store BV before the Cancellation Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Rejects the claim of BH Store relating to the costs it incurred before the Cancellation Division.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 389/35

Judgment of the General Court of 23 September 2015 — L'Oréal v OHIM — Cosmetica Cabinas (AINHOA)

(Case T-426/13) (1)

((Community trade mark - Revocation proceedings - Community word mark AINHOA - Genuine use of the mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form differing in elements which do not alter the mark’s distinctive character))

(2015/C 389/36)

Language of the case: Spanish

Parties

Applicant: L'Oréal (Paris, France) (represented by: H. Granado Carpenter and M. L. Polo Carreño, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Cosmetica Cabinas SL (El Masnou, Spain) (represented by: L. Montoya Terán and J.-B. Devaureix, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 June 2013 (Case R 1642/2012-1), relating to revocation proceedings between L’Oréal and Cosmetica Cabinas SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders L’Oréal to pay the costs.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 7/17

Judgment of the General Court of 18 November 2015 — Synergy Hellas v Commission

(Case T-106/13) (1)

((Arbitration clause - Sixth and seventh framework programmes for research, technological development and demonstration activities - Early termination of contracts - Legitimate expectations - Proportionality - Good faith - Non-contractual liability - Reclassification of the action - Coexisting applications for contractual and non-contractual liability - Early warning system (EWS) - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link))

(2016/C 007/23)

Language of the case: Greek

Parties

Applicant: d.d. Synergy Hellas Anonymi Emporiki Etaireia Parochis Ypiresion Pliroforikis (Athens, Greece) (represented by: M. Angelopoulos and K. Damis, lawyers)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, and by L. Athanassiou and G. Gerapetritis, lawyers)

Re:

Applications for contractual and non-contractual liability made in the context of implementing several contracts which the Commission has concluded with the applicant under the sixth and seventh framework programmes for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders d.d. Synergy Hellas Anonymi Emporiki Etaireia Parochis Ypiresion Pliroforikis to pay the costs.

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 414/25

Judgment of the General Court of 23 October 2015 — Oil Turbo Compressor v Council

(Case T-552/13) (1)

((Action for annulment - Common Foreign and Security Policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Time-limit for bringing proceedings - Out of time - Inadmissibility - Claim for damages - Inadmissibility))

(2015/C 414/31)

Language of the case: German

Parties

Applicant: Oil Turbo Compressor Co. (Private Joint Stock) (Tehran, Iran) (represented by: K. Kleinschmidt, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and J.-P. Hix, acting as Agents)

Re:

Partial annulment of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11) and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as the applicant’s name was included in the list of persons and entities to which those restrictive measures apply.

Operative part of the judgment

The Court:

1. Dismisses the action as being inadmissible;

2. Orders Oil Turbo Compressor Co. (Private Joint Stock) to bear its own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 359, 7.12.2013.
EN Official Journal of the European Union C 27/37

Judgment of the General Court of 26 November 2015 — Comunidad Autónoma de Galicia and Retegal v Commission

(Joined Cases T-463/13 and T-464/13) (1)

((State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain - Decision declaring aid to be partly compatible and partly incompatible with the internal market - Concept of undertaking - Economic activity - Advantage - Service of general economic interest - Selective nature - Article 107(3)(c) TFEU - Obligation to state reasons))

(2016/C 027/43)

Language of the case: Spanish

Parties

Applicants: Comunidad Autónoma de Galicia (Spain) (represented by: M. Lorenzo Outón and P. Egerique Mosquera, lawyers) (Case T-463/13); and Redes de Telecomunicación Galegas Retegal SA (Retegal) (Santiago de Compostela, Spain) (represented by: F. García Martínez and B. Pérez Conde, lawyers) (Case T-464/13)

Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the defendant: SES Astra (Betzdorf, Luxembourg) (represented by: F. González Díaz, F. Salerno and in Case T-463/13, V. Romero Algarra, lawyers)

Re:

Application for annulment of Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 [(C 23/2010) (ex NN 36/010, ex CP 163/2009)] implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha) (OJ 2014 L 217, p. 52).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Comunidad Autónoma de Galicia (Spain) and Redes de Telecomunicación Galegas Retegal, SA (Retegal) to bear their own costs and to pay those incurred by the European Commission and by SES Astra.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 27/30

Judgment of the General Court of 26 November 2015 — HK Intertrade v Council

(Joined Cases T-159/13 and T-372/14) (1)

((Common foreign and security policy - Restrictive measures against Iran with a view to preventing nuclear proliferation - Freezing of funds - Actions for annulment - Period allowed for commencing proceedings - Point from which time starts to run - Admissibility - Right to be heard - Obligation to notify - Obligation to state reasons - Rights of defence - Manifest error of assessment))

(2016/C 027/34)

Language of the case: English

Parties

Applicant: HK Intertrade Co. Ltd (Wanchai, Hong Kong, China) (represented by: J. Grayston, Solicitor, P. Gjørtler, G. Pandey, D. Rovetta, N. Pilkington and D. Sellers, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Re:

Application, in Case T 159/13, for annulment of Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71) and Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), and, in Case T 372/14, for annulment of the Council decision contained in the letter of 14 March 2014 concerning the maintenance of the restrictive measures adopted in respect of the applicant.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders HK Intertrade Co. Ltd to bear its own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 98/32

Judgment of the General Court of 2 February 2016 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)

(Case T-683/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark EUROMARKER - Earlier Community word mark EURIMARK - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 098/42)

Language of the case: German

Parties

Applicant: Brammer GmbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Office Ernest T. Freylinger SA (Strassen, Luxembourg)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2013 (Case R 1653/2012-1), relating to opposition proceedings between Office Ernest T. Freylinger SA and Brammer GmbH

Operative part of the judgment

The Court:

1. Annuls, in part, the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 October 2013 (Case R 1653/2012-1) in so far as it was found in that decision that there was a likelihood of confusion as regards the services ‘providing access to database services for searching for the availability and specifications of community trademarks and designs’ in Class 38 covered by the mark applied for;

2. Dismisses the action as to the remainder;

3. Orders Brammer GmbH and OHIM to bear their own costs.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 59/15

Judgment of the General Court of 17 December 2015 — Italy v Commission

(Case T-510/13) (1)

((Languages - Notice of open competition for the recruitment of translators - Choice of second language from three languages - Language of communication with the candidates to the competition - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Principle of non-discrimination - Proportionality))

(2016/C 059/15)

Language of the case: Italian

Parties

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

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

Intervener in support of the applicant: Kingdom of Spain (represented by: J. García-Valdecasas Dorrego, abogado del Estado)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and B. Beutler, acting as Agents)

Re:

Application for annulment of notice of open competitions EPSO/AD/260/13, EPSO/AD/261/13, EPSO/AD/262/13, EPSO/AD/263/13, EPSO/AD/264/13, EPSO/AD/265/13 and EPSO/AD/266/13 to draw up reserve lists for the recruitment of Danish-language translators, English-language translators, French-language translators, Italian-language translators, Maltese-language translators, Dutch-language translators and Slovenian-language translators (OJ 2013 C 199 A, p. 1).

Operative part of the judgment

The Court:

1) Annuls the notice of open competitions EPSO/AD/260/13, EPSO/AD/261/13, EPSO/AD/262/13, EPSO/AD/263/13, EPSO/AD/264/13, EPSO/AD/265/13 and EPSO/AD/266/13 to draw up reserve lists for the recruitment of Danish-language translators, English-language translators, French-language translators, Italian-language translators, Maltese-language translators, Dutch-language translators and Slovenian-language translators;

2) Orders the European Commission to bear, in addition to its own costs, those incurred by the Italian Republic;

3) Orders the Kingdom of Spain and the Federal Republic of Germany to bear their own costs relating to their interventions.

(1) OJ C 336, 16.11.2013.
1.

Sets aside Article 2 of Commission Decision C (2013) 306 final of 23 January 2013 relating to a proceeding under Article 101 TFEU (Case COMP/39.839 — Telefónica/Portugal Telecom) in so far as it fixes the amount of the fine imposed on Telefónica, SA at EUR 66 894 000, to the extent that that amount was fixed on the basis of the value of the sales taken into account by the European Commission;
EN Official Journal of the European Union C 156/33

Judgment of the General Court of 18 March 2016 — Karl-May-Verlag v OHIM — Constantin Film Produktion (WINNETOU)

(Case T-501/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark WINNETOU - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Article 52(1) and (2) of Regulation No 207/2009 - Principles of autonomy and independence of the Community trade mark - Obligation to state reasons))

(2016/C 156/42)

Language of the case: German

Parties

Applicant: Karl-May-Verlag GmbH, formerly Karl May Verwaltungs- und Vertriebs- GmbH (Bamberg, Germany) (represented by: M. Pejman and M. Brenner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, and subsequently by M. Fischer, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Constantin Film Produktion GmbH (Munich, Germany) (represented by: P. Baronikians and S. Schmidt, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 July 2013 (Case R 125/2012-1), concerning invalidity proceedings between Constantin Film Produktion GmbH and Karl-May Verwaltungs- und Vertriebs- GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 July 2013 (Case R 125/2012-1) in so far as it rejected the application for a declaration of invalidity;

2. Orders OHIM to bear, in addition to its own costs, the costs incurred by Karl-May-Verlag GmbH;

3. Orders Constantin Film Produktion GmbH to bear its own costs.

(1) OJ C 336, 16.11.2013.
EN Official Journal of the European Union C 402/25

Judgment of the General Court of 15 September 2016 — Scuola Elementare Maria Montessori v Commission

(Case T-220/13) (1)

((State aid - Municipal real estate tax - Exemption granted to non-commercial entities carrying out specific activities - Consolidated text on income tax - Exemption of the one-off municipal tax - Decision partly finding the absence of State aid and party declaring the aid incompatible with the common market - Action for annulment - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Absolute impossibility of recovery - Article 14(1) of Regulation (EC) No 659/1999 - Obligation to state reasons))

(2016/C 402/25)

Language of the case: Italian

Parties

Applicant: Scuola Elementare Maria Montessori Srl (Rome, Italy) (represented by: initially A. Nucara and E. Gambaro, then E. Gambaro, lawyers)

Defendant: European Commission (represented by: initially V. Di Bucci, G. Conte and D. Grespan, then G. Conte, D. Grespan and F. Tomat, acting as Agents)

Intervener in support of the defendant: Italian Republic (represented by: G. Palmieri and G. De Bellis, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision of 19 December 2012 on State aid SA.20829 (C 26/2010, ex NN 43/2010 (ex CP 71/2006)) Scheme concerning the municipal real estate tax exemption granted to real estate used by non-commercial entities for specific purposes implemented by Italy (OJ 2013 L 166, p. 24).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Scuola Elementare Maria Montessori Srl to pay, in addition to its own costs, those incurred by the European Commission;

3) Orders the Italian Republic to bear its own costs relating to its intervention.

(1) OJ C 171, 15.6.2013.