ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 100/35

Judgment of the General Court of 2 March 2010 — Arcelor v Parliament and Council

(Case T-16/04) (1)

(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Action for annulment - Lack of direct and individual concern - Action for damages - Admissibility - Sufficiently serious breach of a higher-ranking rule of law conferring rights on individuals - Right to property - Freedom to pursue a trade or profession - Proportionality - Equal treatment - Freedom of establishment - Legal certainty)

2010/C 100/52

Language of the case: English

Parties

Applicant: Arcelor SA (Luxembourg, Luxembourg) (represented by: W. Deselaers, B. Meyring and B. Schmitt-Rady and subsequently by W. Deselaers and B. Meyring, lawyers,)

Defendants: European Parliament (represented by: K. Bradley and M. Moore and subsequently by L. Visaggio and I. Anagnostopoulou, Agents) and Council of the European Union (represented by: B. Hoff-Nielsen and M. Bishop, subsequently by E. Karlsson and A. Westerhof Löfflerova and subsequently by A. Westerhof Löfflerova and K. Michoel, Agents)

Intervener in support of the defendants: European Commission (represented by: U. Wölker, Agent)

Re:

Partial annulment of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and compensation for the damage allegedly suffered by the applicant in consequence of the adoption of that directive

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arcelor SA to bear its own costs and those incurred by the European Parliament and the Council of the European Union;

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

(1) OJ C 71, 20.3.2004.
EN Official Journal of the European Union C 8/13

Judgment of the Court of First Instance of 20 November 2007 — Tegometall International v OHIM — Wuppermann (TEK)

(Case T-458/05) (1)

(Community trade mark - Invalidity proceedings - Application for the Community word mark TEK - Subject-matter of the proceedings - Observance of the rights of the defence - Absolute grounds for refusal - Descriptive character - Article 7(1)(b),(c) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94)

(2008/C 8/25)

Language of the case: German

Parties

Applicant: Tegometall International AG (Lengwil-Oberhofen, Switzerland) (represented by: H. Timmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervener before the Court of First Instance: Wuppermann AG (Leverkusen, Germany) (represented: initially by H. Huisken, and subsequently by I. Friedhoff, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 October 2005 (Case R 1063/2004-2), as rectified on 16 November 2005, relating to invalidity proceedings between Wuppermann AG and Tegometall International AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs, except those incurred by the intervener;

3. Orders the intervener to bear its own costs.

(1) OJ C 60, 11.3.2006.
1.

Orders Environmental Management Consultants Ltd to repay to the Commission of the European Communities the amount of EUR 31 965,28, plus interest: — at the rate of 9,26 % per annum from 1 to 31 August 2001; — at the rate of 8,62 % per annum from 1 September to 31 December 2001; — at the rate of 10,57 % per annum from 1 January to 30 June 2002; — at the rate of 10,47 % per annum from 1 July to 31 December 2002; — at the rate of 9,97 % per annum from 1 January to 30 June 2003; — at the rate of 9,22 % per annum from 1 July to 31 December 2003; — at the rate of 9,14 % per annum from 1 January to 30 June 2004; — at the rate of 9,13 % per annum from 1 July to 31 December 2004; — at the rate of 9,21 % per annum from 1 January to 31 January 2005; — at the statutory rate, calculated in accordance with Article 288 of the Bürgerliches Gesetzbuch (German Civil Code) without that rate exceeding 9,21 % from 1 February 2005 until the discharge of the debt.
EN Official Journal of the European Union C 8/12

Judgment of the Court of First Instance of 20 November 2007 — P v Commission

(Case T-103/05) (1)

(Civil service - Remuneration - Improper absence - Loss of the benefit of remuneration - Article 59 of the Staff Regulations - Medical certificate)

(2008/C 8/22)

Language of the case: Spanish

Parties

Applicant: P (Barcelona, Spain) (represented by: M. Griful i Ponsati, lawyer)

Defendant: Commission of the European Communities (represented initially by J. Currall and L. Lozano Palacios, and later by J. Currall and I. Martínez del Peral, Agents)

Re:

Annulment of the Commission's decision of 10 May 2004 declaring the applicant's absence improper from 16 March 2004 and suspending payment her salary from 15 April 2004 until the date on which she commenced performing her duties at the DG Press and Communication in Brussels.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 132 of 28.5.2005.
EN Official Journal of the European Union C 313/28

Judgment of the Court of First Instance of 15 October 2008 — Le Canne v Commission

(Case T-375/05) (1)

(Agriculture - Community financial assistance - Financial irregularity vitiating the request for payment of the balance - Decision to reduce the assistance - Expiry of the limitation period - Action for annulment and damages)

(2008/C 313/48)

Language of the case: French

Parties

Applicant: Azienda Agricola ‘Le Canne’ Srl (Rovigo, Italy) (represented by: G. Carraro and F. Mazzonetto, lawyers)

Defendant: Commission of the European Communities (represented by: C. Cattabriga and L. Visaggio, Agents, and A. Dal Ferro, lawyer)

Re:

Application to annul Decision C(2005) 2939 of 26 July 2005 reducing the outstanding balance of Community financial assistance granted to the application for the modernisation and renovation of its fish farm facilities and an application for compensation for harm arising from that reduction.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2005) 2939 of 26 July 2005 in so far as it reduces the Community financial assistance granted to Azienda Agricola ‘Le Canne’ Srl for project IT/0016/90/02 on account of the imputation to the eligible expenditure to that assistance of the profit made by Giradello SpA for the performance of works related to that project.;

2. Dismisses the action for damages

3. Orders the Commission to pay the costs.

(1) OJ C 296, 26.11.2005.
EN Official Journal of the European Union C 209/44

Judgment of the Court of First Instance of 8 July 2008 — Franchet and Byk v Commission

(Case T-48/05) (1)

(Non-contractual liability - Civil service - Investigations by OLAF - ‘Eurostat’ case - Communication to national judicial authorities of information relating to facts liable to lead to criminal proceedings - Lack of advance information for the officials concerned and the supervisory committee of OLAF - Leaks in the press - Disclosure by OLAF and the Commission - Breach of the principle of presumption of innocence - Non-material damage - Causal link)

(2008/C 209/75)

Language of the case: French

Parties

Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxembourg, Luxembourg) (represented by: G. Vandersanden and L. Levi, avocats)

Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)

Re:

APPLICATION for compensation for material and non-material damage allegedly suffered as a result of alleged wrongful acts on the part of the Commission and OLAF in the course of investigations relating to the ‘Eurostat’ case.

Operative part of the judgment

The Court:

1. Orders the Commission to pay Yves Franchet and Daniel Byk the sum of EUR 56 000;

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

(1) OJ C 93, 16.4.2005.
EN Official Journal of the European Union C 180/43

Judgment of the Court of First Instance of 10 June 2009 — ArchiMEDES v Commission

(Joined Cases T-396/05 and T-397/05) (1)

(Arbitration clause - Contract concerning a project of renovation of an urban property complex - Reimbursement of a part of the sums advanced - Claim for the Commission to be ordered to pay the balance - Counterclaim by the Commission - Action for annulment - Recovery decision - Debit note - Measures of a contractual nature - Inadmissibility - Set-off of claims)

2009/C 180/79

Language of the case: French

Parties

Applicant: Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) (Ganges, France) (represented by: P.-P. Van Gehuchten, J. Sambon and R. Reyniers, lawyers)

Defendant: Commission of the European Communities (represented by: initially K. Kańska and E. Manhaeve and subsequently E. Manhaeve, acting as Agents)

Re:

— In Case T-396/05, application for annulment based on Article 230 EC, first, of the Commission decision to recover the advances paid under its contract with the applicant and, secondly, of the Commission decision to impose a set-off of claims on the applicant;

— In Case T-397/05, application based on contractual liability under Article 238 EC, seeking an order that the Commission pay the balance of the subsidy provided for by that contract.

Operative part of the judgment

1. In Case T-396/05, the action is dismissed as inadmissible in so far as it is directed against debit note No 3240705638 and the recovery decision contained in the letter of the Commission of the European Communities of 30 August 2005;

2. In Case T-396/05, there is no longer any need to adjudicate on the application for annulment of the Commission decision contained in its letter of 5 October 2005 to impose upon Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) a set-off of their mutual claims;

3. In Case T-397/05, the action is dismissed;

4. In Case T-397/05, ArchiMEDES is ordered to pay to the Commission the sum of EUR 148 256,86 together with default interest at the rate prescribed by French law, without that rate exceeding 5.5 % per annum, until the debt is discharged in full;

5. In Case T-396/05, ArchiMEDES is ordered to pay, in addition to its own expenses, half of the expenses incurred by the Commission, including those relating to the interlocutory proceedings in Case T-396/05 R;

6. In Case T-397/05, ArchiMEDES is ordered to pay the costs, including those relating to the interlocutory proceedings in Case T-397/05 R.

(1) OJ C 74, 25.3.2006.
EN Official Journal of the European Union C 90/24

Judgment of the Court of First Instance of 4 March 2009 — Associazione italiana del risparmio gestito and Fineco Asset Management v Commission

(Case T-445/05) (1)

(State aid - Aid scheme implemented by the Italian authorities for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies - Decision declaring the aid incompatible with the common market - Actions for annulment - Direct and individual concern - Admissibility - Obligation to state the reasons on which the decision is based - Selective nature of the measure - Obligation of recovery)

2009/C 90/38

Language of the case: Italian

Parties

Applicants: Associazione italiana del risparmio gestito (Rome, Italy); and Fineco Asset Management SpA (Rome) (represented by: G. Escalar, G. Cipolla and V. Giordano, lawyers)

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

Re:

Annulment of Commission Decision 2006/638/EC of 6 September 2005 on the aid scheme implemented by Italy for certain undertakings for collective investment in transferable securities specialised in shares of small- and medium-capitalisation companies listed on regulated markets (OJ 2006 L 268, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicants to pay the costs.

(1) OJ C 48, 25.2.2006.
EN Official Journal of the European Union C 100/36

Judgment of the General Court of 3 March 2010 — Bundesverband deutscher Banken v Commission

(Case T-163/05) (1)

(State aid - Transfer of public assets to Landesbank Hessen-Thüringen Girozentrale - Decision declaring the aid to be, in part, incompatible with the common market and ordering its recovery - Private investor test - Obligation to state the reasons on which the decision is based)

2010/C 100/54

Language of the case: German

Parties

Applicant: Bundesverband deutscher Banken eV (Berlin, Germany) (represented by: H.-J. Niemeyer, K.-S. Scholz and J.-O. Lenschow, lawyers)

Defendant: European Commission (represented by: N. Khan and T. Scharf, Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by M. Lumma and C. Schulze-Bahr, acting as Agents, and by J. Witting, lawyer); Land Hessen (Germany) (represented initially by H.-J. Freund and M. Holzhäuser, and subsequently by H.-J. Freund and S. Lehr, lawyers); and Landesbank Hessen-Thüringen Girozentrale (Frankfurt am Main, Germany) (represented by H.-J. Freund, lawyer)

Re:

Application for annulment of Commission Decision 2006/742/EC of 20 October 2004 on aid granted by Germany [to] Landesbank Hessen-Thüringen — Girozentrale (OJ 2006 L 307, p. 159)

Operative part of the judgment

The Court:

1. Orders the documents produced by the Bundesverband deutscher Banken eV at Annexes 9 and 10 to the reply to be removed from the file;

2. Dismisses the application;

3. Orders the Bundesverband deutscher Banken to bear its own costs and to pay those incurred by the European Commission, the Land Hessen and Landesbank Hessen-Thüringen Girozentrale;

4. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 155, 25.6.2005.
EN Official Journal of the European Union C 256/21

Judgment of the Court of First Instance of 4 September 2009 — Italy v Commission

(Case T-211/05) (1)

(State aid - Aid scheme implemented by the Italian authorities in favour of newly listed companies - Decision declaring the aid incompatible with the common market and ordering its recovery - Obligation to state reasons - Selective nature - Effect on trade between Member States - Adverse effect on competition)

2009/C 256/36

Language of the case: Italian

Parties

Applicant: Italian Republic (represented initially by I. Braguglia, subsequently by R. Adam and lastly by I. Bruni, acting as Agents, and P. Gentili, lawyer)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, acting as Agents)

Re:

Application for annulment of Commission Decision 2006/261/EC of 16 March 2005 on aid scheme C 8/2004 (ex NN 164/2003) implemented by Italy in favour of newly listed companies (OJ 2006 L 94, p. 42).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 182, 23.7.2005.
EN Official Journal of the European Union C 301/21

Judgment of the General Court of 13 September 2010 — Greece and Others v Commission

(Joined Cases T-415/05, T-416/05 and T-423/05) (1)

(State aid - Aviation Sector - Aid linked to the restructuring and privatisation of the Greek national airline - Decision declaring the aid incompatible with the common market and requiring its recovery - Financial continuity between two companies - Identification of the effective recipient of aid for the purposes of its recovery - Criterion of the private operator - Compatibility of the aid with the common market - Obligation to state reasons for the decision)

2010/C 301/31

Language of the case: Greek

Parties

Applicants: Hellenic Republic (represented by: A. Samoni-Rantou and P. Mylonopoulos, Agents) (Case T-415/05); Olympiakes Aerogrammes AE (Kallithéa, Greece) (represented by: V. Christianos, lawyer) (Case T-416/05); and Olympiaki Aeroporia Ypiresies AE (Athens, Greece) (represented by: P. Anestis, S. Mavroghenis, lawyers, S. Jordan and T. Soames, Solicitors, and D. Geradin, lawyer) (Case T-423/05)

Defendant: European Commission (represented by: D. Triantafyllou and T. Scharf, Agents)

Intervener in support of the defendant: Aeroporia Aigaiou Aeroporiki AE (Athens) (represented by: N. Keramidas and, in Case T-416/05, also by N. Korogiannakis, I. Dryllerakis and E. Dryllerakis, lawyers) (Cases T-416/05 and T-423/05)

Re:

Application for annulment of Commission Decision C(2005) 2706 final of 14 September 2005 on State aid for Olympiaki Aeroporia Ypiresies AE (C 11/2004 (ex NN 4/2003) — Olympic Airways — Restructuring and Privatisation)

Operative part of the judgment

The Court:

1. Annuls Article 1(1) of Commission Decision C(2005) 2706 final of 14 September 2005 on State aid for Olympiaki Aeroporia Ypiresies AE (C 11/2004 (ex NN 4/2003) — Olympic Airways — Restructuring and Privatisation);

2. Annuls, in part, Article 1(2) of Decision C(2005) 2706 final insofar as it relates to the amount corresponding to the value of all the intangible assets entered in the conversion balance-sheet of Olympiaki Aeroporia Ypiresies as goodwill, to the value of the aircraft transferred to Olympiakes Aerogrammes AE and to the revenue expected from the sale of two aircraft still entered in the balance-sheet of Olympiaki Aeroporia Ypiresies;

3. Annuls Article 2 of Decision C(2005) 2706 final insofar as it relates to the measures in question in Article 1(1) and (2), to the extent that those provisions are annulled;

4. Dismisses the remainder of the actions;

5. Orders each of the parties to bear its own costs, including those incurred in connection with the proceedings for interim relief.

(1) OJ C 22, 28.1.2006.
EN Official Journal of the European Union C 179/30

Judgment of the General Court of 19 May 2010 — Boliden and Others v Commission

(Case T-19/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Continuous and multiform infringement - Fines - Limitation period - Cooperation)

2010/C 179/49

Language of the case: English

Parties

Applicants: Boliden AB (Stockholm, Sweden); Outokumpu Copper Fabrication AB, formerly Boliden Fabrication AB (Västerås, Sweden); Outokumpu Copper BCZ SA, formerly Boliden Cuivre & Zinc SA (Liège, Belgium) (represented: initially by C. Wetter and O. Rislund and subsequently by C. Wetter and M. Johansson, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and S. Noë, Agents)

Re:

Application (i) for annulment of Article 1(a) to (c) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) in so far as it was thereby found that the applicants participated in an infringement between 1 July 1995 and 27 August 1998 and between 10 December 1998 and 7 October 1999; (ii) for reduction of the fine imposed on the applicants by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the European Commission’s counterclaim;

3. Orders Boliden AB, Outokumpu Copper Fabrication AB and Outokumpu Copper BCZ SA to bear their own costs and to pay 90 % of the costs incurred by the Commission;

4. Orders the Commission to bear 10 % of its own costs.

(1) OJ C 82, 2.4.2005.
EN Official Journal of the European Union C 51/42

Judgment of the Court of First Instance of 16 January 2008 — Inter-Ikea OHIM — Waibel (idea)

(Case T-112/06) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark ‘idea’ - Earlier Community and national figurative and word marks ‘IKEA’ - Relative ground for invalidity - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94)

(2008/C 51/77)

Language of the case: English

Parties

Applicant: Inter-Ikea Systems BV, (Delft, Netherlands) (represented by: J. Gulliksson and J. Olsson, lawyers)

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 and intervener before the Court of First Instance: Walter Waibel (Dingolfing, Germany) (represented by: A. Fottner and M. Müller, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2006 (Case R 80/2005-1) relating to invalidity proceedings between Inter Ikea Systems BV and Walter Waibel.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Inter-Ikea Systems BV to pay the costs, including those incurred by Walter Waibel in the proceedings before the Board of Appeal.

(1) OJ C 131, 3.6.2006.
EN Official Journal of the European Union C 209/46

Judgment of the Court of First Instance of 9 July 2008 — Audi v OHIM (Vorsprung durch Technik)

(Case T-70/06) (1)

(Community trade mark - Application for Community word mark Vorsprung durch Technik - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Partial refusal to register the mark by the examiner - Right to a fair hearing)

(2008/C 209/80)

Language of the case: German

Parties

Applicant: Audi AG (Ingolstadt, Germany) (represented by: S.O. Gillert and F. Schiwek, lawyers)

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 Second Board of Appeal of OHIM of 16 December 2005 (Case R 237/2005-2) dismissing in part the appeal against the examiner's decision refusing registration of the word mark Vorsprung durch Technik for goods and services in Classes 9, 12, 14, 25, 28, 37 to 40 and 42

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Audi AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 183/19

Judgment of the Court of First Instance of 10 June 2008 — Novartis v OHIM (BLUE SOFT)

(Case T-330/06) (1)

(Community trade mark - Application for Community word mark BLUE SOFT - Absolute grounds for refusal - Descriptive nature - Lack of distinctive nature - Article 7(1)(b) and (c) of Regulation No 40/94)

(2008/C 183/39)

Language of the case: German

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, 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 First Board of Appeal of OHIM of 14 September 2006 (Case R 270/2006-1) concerning an application for registration of the word mark BLUE SOFT as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novartis AG to pay the costs.

(1) OJ C 326, 31.12.2006.
1.

Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006-1 and R 356/2006-1) in so far as registration of the marks applied was refused in respect of goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended but not in so far as that refusal was in respect of ‘loading pallets of metal’, ‘loading carriers and loading pallets of metal for packaging and transportation purposes’ and ‘metal transport pallets’, in Class 6; ‘goods pallets not of metal’, ‘loading pallets and loading carriers not of metal for packaging and transportation purposes’ and ‘transport pallets not of metal’, in Class 20; and the ‘rental of loading pallets’ services, in Class 39;