ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 243/13

Judgment of the General Court of 27 June 2012 — YKK and Others v Commission

(Case T-448/07) (1)

(Competition - Agreements, decisions and concerted practices - Markets for zip fasteners and ‘other fasteners’, and for attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, customer-sharing, market-sharing and exchange of other commercial information - Single and continuous infringement - Evidence - Nature and implementation of the infringement - Real impact - Leniency Notice - Fines - Upper limit - Dissuasive effect of the fine - Equal treatment - Proportionality)

2012/C 243/22

Language of the case: English

Parties

Applicants: YKK Corp. (Tokyo, Japan), YKK Holding Europe BV (Sneek, Netherlands), YKK Stocko Fasteners GmbH (Wuppertal, Germany) (represented initially by H. Kaneko and C. Verannemann, lawyers, and subsequently by H. Kaneko, G. Williamson, Solicitor, and N. Green QC,

Defendant: European Commission (represented by: A. Bouquet and K. Mojzesowicz, acting as Agents)

Re:

Application for, primarily, annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) in so far as it concerns the applicants and, in the alternative, annulment or reduction of their respective fines

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders YKK Corp., YKK Holding Europe BV and YKK Stocko Fasteners GmbH to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 58/7

Judgment of the General Court (Second Chamber) of 18 January 2012 — Djebel — SGPS v Commission

(Case T-422/07) (1)

(State aid - Aid scheme designed to promote modern and competitive entrepreneurial strategies - Planned aid for a commercial company in the form of a soft loan in order to help finance an investment by that company in Brazil - Decision declaring aid to be incompatible with the common market - Obligation to state reasons - Impairment of competition - Effect on trade between Member States - Equal treatment)

2012/C 58/11

Language of the case: Portuguese

Parties

Applicant: Djebel — SGPS SA (Funchal, Portugal) (represented by: M. Andrade Neves and S. Castro Caldeira, lawyers)

Defendant: European Commission (represented by: M. Afonso and B. Martenczuk, Agents)

Re:

Action for annulment of Commission Decision 2007/582/EC of 10 May 2007 on State aid C 4/2006 (ex N 180/2005) — Portugal — Aid to Djebel (OJ 2007 L 219, p. 30).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Djebel — SGPS, SA to bear its own costs and to pay those of the European Commission.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 292/23

Judgment of the General Court of 15 July 2014 — Italy v Commission

(Case T-463/07) (1)

((EAGGF - Guarantee Section - Expenditure excluded from financing - Premiums for bovines - Olive oil and fats - Dried fodder - Effectiveness of controls - System for penalties))

2014/C 292/27

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, agent, and by G. Aiello and F. Bucalo, avvocati dello Stato)

Defendant: European Commission (represented by: C. Cattabriga and D. Nardi, agents)

Re:

Partial annulment of Commission Decision 2007/647/EC of 3 October 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2007 L 261, p. 28), in so far as that decision excludes certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 252/27

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

(Joined Cases T-108/07 and T-354/08) (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 - 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 252/42

Language of the case: English

Parties

Applicant: Diamanthandel A. Spira BVBA (Antwerp, Belgium) (represented by: Y. van Gerven, F. Louis, A. Vallery and J. Bourgeois, 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-108/07, initially by S. Drakakakis, lawyer, and T. Soames, Solicitor, and subsequently by T. Soames and, in Case T-354/08, 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 J. Ysewyn, lawyer, and subsequently by W. Allan, J. Ysewyn 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/38.826/B-2 — Spira/De Beers/DTC Supplier of Choice) and of 5 June 2008 (Case COMP/38.826/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 Diamanthandel A. Spira BVBA 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 153/38

Judgment of the Court of First Instance of 13 May 2009 — Schuhpark Fascies v OHMI — Leder & Schuh (jello SCHUHPARK)

(Case T-183/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative and word mark jello SCHUHPARK - Earlier national word mark Schuhpark - Relative ground for refusal - Proof of use of earlier mark - Article 43(2) of Regulation (EC) No 40/94)

2009/C 153/73

Language of the case: German

Parties

Applicant: Schuhpark Fascies GmbH (Warendorf, Germany) (represented by: A. Peter and J. Braune, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Leder & Schuh AG (Graz, Austria) (represented by: W. Kellenter and A. Schlaffge, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 March 2008 (Case R 1560/2006-4), concerning opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Schuhpark Fascies GmbH to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 282/46

Judgment of the Court of First Instance of 14 October 2009 — Bank Melli Iran v Council

(Case T-390/08) (1)

(Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Freezing of funds - Actions for annulment - Judicial review - Misuse of powers - Equal treatment - Proportionality - Right to property - Rights of defence - Right to effective judicial protection - Obligation to state reasons - Competence of the Community)

2009/C 282/87

Language of the case: French

Parties

Applicant: Bank Melli Iran (Tehran, Iran) (represented by: L. Defalque, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop, E. Finnegan and R. Liudvinaviciute-Cordeiro, Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: V. Jackson, Agent, assisted by S. Lee, Barrister); French Republic (represented by: G. de Bergues, L. Butel and E. Belliard, Agents); and Commission of the European Communities (represented by: P. Aalto and E. Cujo, Agents)

Re:

Annulment of paragraph 4 of Table B of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29) in so far as it relates to Bank Melli Iran and its branches.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Melli Bank to pay, in addition to its own costs, the costs incurred by the Council of the European Union, including those relating to the proceedings for interim measures.

3. Orders the United Kingdom of Great Britain and Northern Ireland, the French Republic and the Commission of the European Union to bear their own costs, including those relating to the proceedings for interim measures.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 205/37

Judgment of the Court of First Instance of 9 July 2009 — Biotronik v OHIM (BioMonitor)

(Case T-257/08) (1)

(Community trade mark - Application for Community word mark BioMonitor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2009/C 205/68

Language of the case: German

Parties

Applicant: Biotronik GmbH & Co. KG (Berlin, Germany) (represented initially by U. Sander and R. Böhm, and subsequently by R. Böhm, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2008 (Case R 466/2007-4) concerning an application for registration of the word sign BioMonitor as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Biotronik GmbH & Co. KG to pay the costs.

(1) OJ C 223, 30.8.2008.
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 15 September 2008 (Case R 1656/2007-4), in respect of perfumes, nail and hair care preparations, antiperspirants, deodorants, dentifrice, hair colouring preparations, hair spray, eyecare preparations, nail varnish, nail varnish remover and artificial nails, in Class 3, and hygienic care and cosmetic treatments for the hair, in Class 44;
EN Official Journal of the European Union C 297/20

Judgment of the Court of First Instance of 28 October 2009 — CureVac v OHIM — Qiagen (RNAiFect)

(Case T-80/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark RNAiFect - Earlier Community word mark RNActive - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 297/28

Language of the case: German

Parties

Applicant: CureVac GmbH (Tübingen, Germany) (represented by: F. Graf von Stosch, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Qiagen GmbH (Hilden, Germany) (represented by: initially E. Krings, and subsequently V. von Bomhard, A. Renck and T. Dolde, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2007 (Case R 1219/2006-1) relating to opposition proceedings between CureVac GmbH and Qiagen GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CureVac GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 134/32

Judgment of the General Court of 24 March 2010 — Inter-Nett 2000 v OHIM — Unión de Agricoltores (HUNAGRO)

(Case T-423/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark HUNAGRO - Earlier Community figurative mark UNIAGRO - Partial refusal to register - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) and Article 12 (a) and (b) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 12 (a) and (b) of Regulation (EC) No 207/2009))

2010/C 134/54

Language of the case: Hungarian

Parties

Applicant: Inter-Nett 2000 Kereskedelmi és Szolgáltató kft (Inter-Nett 2000 kft) (Mór, Hungary) (represented by: E. Petruska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially P. Sipos, subsequently P. Sipos and O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Unión de Agricoltores, SA (El Ejido, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 July 2008 (Case R 71/2008-2) relating to opposition proceedings between Unión de Agricoltores, SA and Inter-Nett 2000 Kereskedelmi és Szolgáltató kft.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Inter-Nett 2000 Kereskedelmi és Szolgáltató kft (Inter-Nett 2000 kft) to pay the costs.

(1) OJ C 313 of 6.12.2008.
EN Official Journal of the European Union C 80/24

Judgment of the General Court of 11 February 2010 — Deutsche BKK v OHIM (Deutsche BKK)

(Case T-289/08) (1)

(Community trade mark - Application for Community word mark Deutsche BKK - Absolute ground for refusal - Descriptive character and no distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) - Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009))

2010/C 80/42

Language of the case: German

Parties

Applicant: Deutsche BKK (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008-4) concerning an application for registration of the word mark ‘Deutsche BKK’ as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 179/36

Judgment of the General Court of 19 May 2010 — Nexus Europe (Ireland) v Commission

(Case T-424/08) (1)

(Arbitration clause - Fifth framework programme for research, technological development and demonstration activities - Macro-Economic and Urban Trends in Europe’s Information Society (MUTEIS) Project - Loss caused by amending a contract in relation to the system for reimbursing costs incurred by a participant in the project)

2010/C 179/61

Language of the case: English

Parties

Applicant: Nexus Europe (Ireland) Ltd (Dublin, Ireland) (represented by: M. Noonan, Barrister)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, Agents)

Re:

Application for compensation for the loss allegedly suffered by the applicant as a consequence of the Commission obtaining certain amendments to the contract MUTEIS IST-2000-30117, concluded on 31 October 2001.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nexus Europe (Ireland) Ltd to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 179/37

Judgment of the General Court of 11 May 2010 — Wessang v OHIM — Greinwald (star foods)

(Case T-492/08) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods - Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

2010/C 179/64

Language of the case: German

Parties

Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH

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 17 September 2008 (Case R 1408/2007-4);

2. orders Greinwald GmbH to bear its own costs and to pay a third of Nicolas Wessang’s costs;

3. orders Wessang to bear two-thirds of his own costs;

4. orders OHIM to bear its own costs.

(1) OJ C 32 of 7.2.2009
EN Official Journal of the European Union C 221/38

Judgment of the General Court of 1 July 2010 — Nuova Terni Industrie Chimiche v Commission

(Case T-64/08) (1)

(State aid - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Aid measure put into effect)

2010/C 221/60

Language of the case: Italian

Parties

Applicant: Nuova Terni Industrie Chimiche SpA (Milan, Italy) (represented by: T. Salonico, G. Pellegrino, G. Pellegrino and G. Barone, lawyers)

Defendant: European Commission (represented by: C. Giolito and G. Conte, agents)

Re:

Application for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37)

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Order Terni Industrie Chimiche SpA to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 221/39

Judgment of the General Court of 1 July 2010 — BNP Paribas and BNL v European Commission

(Case T-335/08) (1)

(State aid - Measures taken by the Italian authorities concerning certain restructured banks - Scheme for the realignment of the value of assets for tax purposes - Decision classifying the aid scheme as incompatible with the common market and ordering recovery of the aid - Action for annulment - Individual concern - Admissibility - Concept of State aid - Advantage - Selective nature - Obligation to state reasons)

2010/C 221/62

Language of the case: Italian

Parties

Applicant: BNP Paribas (Paris, France) and Banca Nazionale del Lavoro SpA (BNL) (Rome, Italy) (represented by: R. Silvestri, G. Escalar and M. Todino, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and E. Righini, Agents)

Re:

Application for annulment of Commission Decision 2008/711/EC of 11 March 2008 on State aid C 15/07 (ex NN 20/07) implemented by Italy on the tax incentives in favour of certain restructured banks (OJ 2008 L 237, p. 70)

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders BNP Paribas and Banca Nazionale del Lavoro SpA (BNL) to pay the costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 301/28

Judgment of the General Court of 21 September 2010 — Villa Almè v OHIM — Marqués de Murrieta (i GAI)

(Case T-546/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark iGAI - National word mark YGAY and Community figurative and word marks MARQUÉS DE MURRIETA YGAY - Relative grounds for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

2010/C 301/46

Language of the case: Italian

Parties

Applicant: Villa Almè Azienda vitivinicola di Vizzotto Giuseppe (Mansuè, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Marqués de Murrieta, SA (Logroño, Spain) (represented by P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 September 2008 (Case R 1695/2007-1), relating to opposition proceedings between Bodegas Marqués de Murrieta, SA and Villa Almè Azienda vitivinicola di Vizzotto Giuseppe.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Villa Almè Azienda vitivinicola di Vizzotto Giuseppe to pay the costs.

(1) OJ C 44, 21.2.2009.
Judgment of the General Court of 8 September 2010 — Wilfer v OHIM (Representation of the head of a guitar)

(Case T-458/08) (1)

(Community trade mark - Application for a Community figurative mark representing the head of a guitar in silver, grey and brown - 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) - Examination of the facts of its own motion - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) - Obligation to state reasons - The first sentence of Article 73 of Regulation No 40/94 (now the first sentence of Article 75 of Regulation No 207/2009) - Equal treatment)

(2010/C 288/67)

Language of the case: German

Parties

Applicant: Hans-Peter Wilfer (Markeneukirchen, Germany) (represented by: A. Kockläuner, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 July 2008 (Case R 78/2007-4), concerning the registration as a Community trade mark of the figurative sign representing the head of a guitar in the colours silver, grey and brown.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hans-Peter Wilfer to pay the costs.

(1) OJ C 6, 10.1.2008.