ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 90/24

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

(Case T-424/05) (1)

(State aid - Aid scheme established 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 to be incompatible with the common market - Obligation to state reasons - Selective nature of the measure - Effect on trade between the Member States and distortion of competition - Article 87(3)(c) EC)

2009/C 90/37

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, lawyer)

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

Re:

Action for 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 Italian Republic to pay the costs.

(1) OJ C 22, 28.1.2006.
EN Official Journal of the European Union C 100/35

Judgment of the General Court of 2 March 2010 — Evropaïki Dynamiki v EMSA

(Case T-70/05) (1)

(Public service contracts - EMSA tendering procedures - Provision of information technology services - Rejection of the tender - Action for annulment - Jurisdiction of the Court - Non-compliance of a tender - Equal treatment - Compliance with the award criteria set out in the tender specifications or the contract notice - Establishment of sub-criteria for the award criteria - Manifest error of assessment - Obligation to state the reasons on which a decision is based)

2010/C 100/53

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 Maritime Safety Agency (EMSA) (represented by: W. de Ruiter and J. Menze, Agents and J. Stuyck, lawyer)

Re:

Action for annulment of the decisions of EMSA not to accept the tenders submitted by the applicant in tendering procedures EMSA C-1/01/04, relating to the contract entitled ‘SafeSeaNet Validation and further development’, and EMSA C-2/06/04, relating to the contract entitled ‘Specification and development of a marine casualty database, network and management system’, and to award those contracts to other tenderers

Operative part of the judgment

The Court:

1. Annuls the decision of the European Maritime Safety Agency (EMSA) to award the contract to the successful tenderer in tendering procedure ‘EMSA C-2/06/04’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 106, 30.4.2005.
EN Official Journal of the European Union C 267/53

Judgment of the Court of First Instance of 23 September 2009 — Transnáutica v Commission

(Case T-385/05) (1)

(Customs union - External Community transit operations - Consignments of tobacco and ethyl alcohol for third countries - Fraud - Claim for remission of import duties - Article 239 of Regulation (EEC) No 2913/92 - Article 905 of Regulation (EEC) No 2454/93 - Fairness clause - Existence of a special situation - Comprehensive guarantee)

2009/C 267/90

Language of the case: English

Parties

Applicant: Transnáutica — Transportes e Navegação SA (Matosinhos, Portugal) (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas, D. Ortigão Ramos and B. Aniceto Silva, lawyers)

Defendant: Commission of the European Communities (represented by: X. Lewis and J. Hottiaux, acting as Agents)

Re:

Application for annulment of Commission Decision REM 05/2004 of 6 July 2005 refusing the reimbursement and remission of certain customs duties.

Operative part of the judgment

The Court:

1. Annuls Commission Decision REM 05/2004 of 6 July 2005.

2. Orders the Commission of the European Communities to pay the costs.

(1) OJ C 330, of 24.12.2005.
EN Official Journal of the European Union C 346/39

Judgment of the General Court of 27 October 2010 — Alliance One International and Others v Commission

(Case T-24/05) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Obligation to state the reasons on which the decision is based - Attributability of the unlawful conduct - Equal treatment)

2010/C 346/75

Language of the case: English

Parties

Applicants: Alliance One International, Inc., formerly Standard Commercial Corp. (Danville, Virginia, United States); Standard Commercial Tobacco Co., Inc. (Wilson, North Carolina, United States) and Trans-Continental Leaf Tobacco Corp. Ltd, (Vaduz, Liechtenstein), (represented initially by M. Odriozola Alén, M. Marañon Hermoso and A. Emch, and subsequently by M. Odriozola Alén, M. Barrantes Díaz and A. João Vide, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, Agents)

Re:

Application for the annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain)

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) in so far as it relates to Trans-Continental Leaf Tobacco Corp. Ltd.;

2. Dismisses the action as to the remainder;

3. Orders Alliance One International, Inc., Standard Commercial Tobacco Co., Inc. and Trans-Continental Leaf Tobacco to bear two-thirds of their own costs and to pay two-thirds of the costs incurred by the European Commission, and the European Commission to bear one-third of its own costs and to pay one-third of those incurred by the applicants.

(1) OJ C 82, 2.4.2005.
EN Official Journal of the European Union C 179/31

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

(Case T-25/05) (1)

(Competition - Agreements, decisions and concerted practices - Copper plumbing tube industry - Decision finding an infringement of Article 81 EC - Fines - Actual impact on the market - Size of the relevant market - Duration of the infringement - Ability to pay - Cooperation)

2010/C 179/52

Language of the case: English

Parties

Applicants: KME Germany AG, formerly KM Europa Metal AG (Osnabrück, Germany); KME France SAS, formerly Tréfimétaux SA (Courbevoie, France); and KME Italy SpA, formerly Europa Metalli SpA (Florence, Italy) (represented by: M. Siragusa, A. Winckler, G.C. Rizza, T. Graf, M. Piergiovanni, lawyers, and R. Elderkin, Barrister)

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

Re:

Application, first, for reduction of the fines imposed on the applicants under Article 2(g), (h) and (i) of Commission Decision C(2004) 2826 of 3 September 2004 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/38.069 — Copper plumbing tubes) and, second, by way of counterclaim by the Commission, for those fines to be increased.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the European Commission’s counterclaim;

3. Orders KME Germany AG, KME France SAS and KME Italy Spa to bear their own costs and to pay 50 % of the costs incurred by the Commission;

4. Orders the Commission to bear 50 % of its own costs.

(1) OJ C 82, 2.4.2005.
EN Official Journal of the European Union C 64/36

Judgment of the Court of First Instance of 23 January 2008 — Demp v OHIM — BAU HOW (BAU HOW)

(Case T-106/06) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94)

(2008/C 64/57)

Language of the case: German

Parties

Applicant: Demp BV, formerly Demp Holding BV (Maastricht, Netherlands) (represented by: R.-D. Härer, C. Schultze, J Ossing and C. Weber, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: BAU HOW GmbH (Hattersheim/Okriftel, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 January 2006 (Case R 92/2004-4) on opposition proceedings between Demp BV and BAU HOW GmbH.

Operative part of the judgment

1. The action is dismissed;

2. Demp BV is ordered to pay the costs.

(1) OJ C 143 of 17.6.2006.
EN Official Journal of the European Union C 272/19

Judgment of the Court of First Instance of 9 September 2008 — Bayer CropScience and Others v Commission

(Case T-75/06) (1)

(Directive 91/414/EEC - Plant protection products - Endosulfan as an active substance - Withdrawal of marketing authorisations - Evaluation procedure - Time-limits - Rights of the defence - Principle of proportionality)

(2008/C 272/35)

Language of the case: English

Parties

Applicants: Bayer CropScience AG (Monheim am Rhein, Germany); Makhteshim-Agan Holding BV (Rotterdam, Netherlands); Alfa Georgika Efodia AEVE (Athens, Greece); and Aragonesas Agro, SA (Madrid, Spain) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (represented by: B. Doherty and L. Parpala, acting as Agents)

Intervener in support of the applicants: European Crop Protection Association (ECPA) (Brussels, Belgium) (represented by: D. Waelbroeck and N. Rampal, lawyers)

Intervener in support of the defendant: Kingdom of Spain (represented by: J. Rodríguez Cárcamo, abogado del Estado)

Re:

APPLICATION for the annulment of Commission Decision 2005/864/EC of 2 December 2005 concerning the non-inclusion of Endosulfan in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that active substance (OJ 2005 L 317, p. 25)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bayer CropScience AG, Makhteshim-Agan Holding BV, Alfa Georgika Efodia AEVE and Aragonesas Agro, SA to bear their own costs and to pay those incurred by the Commission;

3. Orders the Kingdom of Spain and the European Crop Protection Association (ECPA) to bear their own costs.

(1) OJ C 96, 22.4.2006.
1.

Annuls Articles 1 and 2 of Commission Decision C(2006) 1580 final of 26 April 2006 concerning a State aid scheme C 39/2003 (ex NN 119/2002) which the Hellenic Republic implemented in favour of airlines following losses suffered between 11 and 14 September 2001, in so far as they declare incompatible with the common market aid granted to Olympiaki Aeroporia Ypiresies AE, first, for losses due to the cancellation of the flight to Canada on 15 September 2001, secondly, for losses in respect of its network apart from the North Atlantic and Israel and, thirdly, for revenue lost in respect of carriage of goods, the costs of destruction of sensitive goods, the costs of additional security checks on goods, the costs connected with additional hours worked by staff and the costs connected with additional emergency security measures;
EN Official Journal of the European Union C 301/32

Judgment of the Court of First Instance of 8 October 2008 — Sogelma v EAR

(Case T-411/06) (1)

(Public works contracts - Tender procedure of the European Agency for Reconstruction - Decision to cancel tender procedure and to publish a new procedure - Action for annulment - Jurisdiction of the Court of First Instance - Necessity of a prior administrative complaint - Time-limit for bringing proceedings - Instructions to act as agent - Obligation to state the reasons on which the decision is based - Application for damages)

(2008/C 301/51)

Language of the case: Italian

Parties

Applicant: Sogelma — Societá generale lavori manutenzioni appalti Srl (Scandicci, Italy) (represented by: E. Cappelli, P. De Caterini, A. Bandini and A. Gironi, lawyers)

Defendant: European Agency for Reconstruction (EAR) (represented by: initially by O. Kalha, subsequently by M. Dischendorfer and then by R. Lundgren, Agent and by S. Bariatti and F. Scanzano, lawyers)

Intervener in support of the defendant: Commission of the European Communities (represented by: P. van Nuffel and L. Prete, Agents)

Re:

APPLICATION for annulment of decisions of the EAR relating to cancellation of the tender procedure for the public works contract reference EuropeAid/120694/D/W/YU and organisation of a new tender procedure, and an application for compensation for loss allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sogelma — Societá generale lavori manutenzioni appalti Srl to bear its own costs and to pay those incurred by the European Agency for Reconstruction;

3. Orders the Commission to bear its own costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 272/23

Judgment of the Court of First Instance of 10 September 2008 — Boston Scientific Ltd v OHIM — Terumo (CAPIO)

(Case T-325/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CAPIO - Earlier national word mark CAPIOX - Relative ground for refusal - Genuine use of the mark - Article 43(1) and (2) of Regulation (EC) No 40/94 - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94)

(2008/C 272/43)

Language of the case: English

Parties

Applicant: Boston Scientific Ltd (Hastings, Barbados) (represented by: P. Rath and W. Festl-Wietek, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM and intervener before the Court of First Instance: Terumo Kabushiki Kaisha (Tokyo, Japan) (represented by: C. Bercial Arias, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 September 2006 (Case R 61/2006-2), relating to opposition proceedings between Terumo Kabushiki Kaisha and Boston Scientific Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Boston Scientific Ltd to pay the costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 32/27

Judgment of the Court of First Instance of 10 December 2008 — Giorgio Beverly Hills v OHIM — WHG (GIORGIO BEVERLY HILLS)

(Case T-228/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GIORGIO BEVERLY HILLS - Earlier national word mark GIORGIO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 32/50)

Language of the case: English

Parties

Applicant: Giorgio Beverly Hills, Inc. (Cincinnati, Ohio, United States) (represented by: M. Schaeffer, and subsequently by K. Sandberg, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: WHG Westdeutsche Handelsgesellschaft mbH (Hagen, Germany) (represented by: H. Prange, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 June 2006 (Joined Cases R 107/2005-2 and R 187/2005-2), concerning opposition proceedings between WHG Westdeutsche Handelsgesellschaft mbH and Giorgio Beverly Hills, Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Cases R 107/2005-2 and R 187/2005-2) in so far as it dismissed the appeal in Case R 187/2005-2;

2. Orders OHIM to bear its own costs and to pay those incurred by Giorgio Beverly Hills, Inc. during the proceedings before the Court of First Instance;

3. Orders WHG Westdeutsche Handelsgesellschaft mbH to bear its own costs and to pay those incurred by Giorgio Beverly Hills for the purposes of the proceedings before the Board of Appeal of OHIM.

(1) OJ C 249, 14.10.2006.
EN Official Journal of the European Union C 6/21

Order of the Court of First Instance of 19 November 2008 — Ralf Schräder v OHIM — (SUMCOL 01)

(Case T-187/06) (1)

(Community plant variety rights - Plant variety SUMCOL 01 - Rejection of the application for a Community plant variety right - Lack of distinctive character of the candidate variety)

(2009/C 6/43)

Language of the case: German

Parties

Applicant: Ralf Schräder (Lüdinghausen — Germany) (represented by: initially by T. Leidereiter, W.-A. Schmidt and I. Memmler, and later by T. Leidereiter and W.-A. Schmidt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Kiewiet and M. Ekvad, Agents, assisted by G. Schohe, lawyer)

Re:

ACTION against the decision of the Board of Appeal of the CPVO of 2 May 2006 (Case A 003/2004), concerning an application for Community plant variety rights in respect of the plant variety SOMCOL 01

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ralf Schräder to pay the costs.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 153/35

Judgment of the Court of First Instance of 19 May 2009 — Euro-Information v OHIM (CYBERCREDIT, CYBERGESTION, CYBERGUICHET, CYBERBOURSE and CYBERHOME)

(Joined Cases T-211/06, T-213/06, T-245/06, T-155/07 and T-178/07) (1)

(Community trade mark - Applications for Community word marks CYBERCREDIT, CYBERGESTION, CYBERGUICHET, CYBERBOURSE and CYBERHOME - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)

2009/C 153/66

Language of the case: French

Parties

Applicant: Européenne de traitement de l’information (Euro-Information) (Strasbourg, France) (represented by: P. Greffe, J. Schouman, A. Jacquet and L. Paudrat, lawyers)

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

Re:

Actions brought against the decisions of the First Board of Appeal of OHIM of 24 May (Case R 0068/2006-1), 12 June (Case R 0066/2006-1), 5 July 2006 (Case R 0067/2006-1), 28 February (Case R 1046/2006-1) and 15 March 2007 (Case R 0067/2006-1), concerning registration of the signs CYBERGESTION (Case T-213/06), CYBERCREDIT (Case T-211/06), CYBERGUICHET (Case T-245/06), CYBERBOURSE (Case T-155/07) and CYBERHOME (Case T-178/07) as Community trade marks.

Operative part of the judgment

The Court:

1. The actions are dismissed;

2. Européenne de traitement de l’information (Euro-Information) is ordered to pay the costs.

(1) OJ C 249, 14.10.2006.
EN Official Journal of the European Union C 69/34

Judgment of the Court of First Instance of 28 January 2009 — Centro Studi Manieri v Council

(Case T-125/06) (1)

(Public service contracts - Tendering procedure for full crèche management - Decision to have recourse to the services of the Office for Infrastructure and Logistics (OIB) and to abandon a tendering procedure)

(2009/C 69/80)

Language of the case: Italian

Parties

Applicant: Centro Studi Antonio Manieri Srl (Rome, Italy) (represented by: C. Forte, M. Forte and G. Forte, lawyers)

Defendant: Council of the European Union (represented by: A. Vitro, P. Mahnič and M. Balta, acting as Agents)

Re:

Application, first, for annulment of the decision of the Council, made public by letter of its General Secretariat of 16 January 2006, abandoning the tendering procedure 2003/S 209-187862 for the full management of a crèche; second, for annulment of the decision to accept the proposal of the Office for Infrastructure and Logistics (OIB) for the management of those services; and, third, for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Centro Studi Antonio Manieri Srl to pay its own costs as well as the costs incurred by the Council.

(1) OJ C 131, 3.6.2006.
EN Official Journal of the European Union C 282/39

Judgment of the Court of First Instance of 6 October 2009 — MABB v Commission

(Case T-24/06) (1)

(State aid - Digital terrestrial television - Aid granted by the German authorities to broadcasters which use the digital terrestrial television network (DVB-T) in Berlin-Brandenburg - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Not of individual concern - Inadmissibility)

2009/C 282/73

Language of the case: German

Parties

Applicant: Medienanstalt Berlin-Brandenburg (MABB) (Berlin, Germany) (represented by: initially by M. Schütte, lawyer, and B. Immenkamp, Solicitor, then by M. Schütte)

Defendant: Commission of the European Communities (represented by: H. van Vliet and K. Gross, Agents)

Intervener in support of the defendant: Deutscher Kabelverband eV (Berlin, Germany) (represented by: K. Struckmann, C Arhold and N. Wimmer, lawyers)

Re:

Application for annulment of Commission Decision 2006/513/EC of 9 November 2005 on the State Aid which the Federal Republic of Germany has implemented for the introduction of digital terrestrial television (DVB-T) in Berlin-Brandenburg (OJ 2006 L 200, p. 14).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Medienanstalt Berlin-Brandenburg (MABB) to pay the costs.

(1) OJ C 86, of 8.4.2006.
EN Official Journal of the European Union C 256/23

Judgment of the Court of First Instance of 8 September 2009 — ETF v Landgren

(Case T-404/06) (1)

(Appeals - Staff cases - Members of the temporary staff - Contract for an indefinite period - Decision to dismiss - Article 47(c)(i) of the Conditions of Employment of other servants - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Unlimited jurisdiction - Monetary compensation)

2009/C 256/41

Language of the case: French

Parties

Appellant: European Training Foundation (ETF) (represented by: G. Vandersanden and L. Levi, lawyers)

Other party to the proceedings: Pia Landgren (Revigliasco, Italy) (represented by: M.-A. Lucas, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Full Court) of 26 October 2006 in Case F 1/05 Landgren v ETF [2006] EC- SC-I-A-123 and II-A-I 459 seeking to have that judgment set aside

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders the European Training Foundation (ETF) to bear its own costs and to pay the costs incurred by Ms Landgren in the present instance;

3. orders the Commission of the European Communities to bear its own costs.

(1) OJ C 42 of 24.2.2007.