ddrg/super_eurlex huggingface dataset:
1.

Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-41/06 Marcuccio v Commission in so far as the Civil Service Tribunal annulled the decision of the European Commission of 30 May 2005 by which Mr Marcuccio was retired on grounds of invalidity and granted an invalidity allowance, in so far as it ordered the Commission to pay to Mr Marcuccio the sum of EUR 3 000 and in so far as it divided the costs on the basis of the annulment and order for payment (paragraphs 1, 2, 4 and 5 of the operative part of the judgment).
EN Official Journal of the European Union C 311/42

Judgment of the General Court of 15 September 2011 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)

(Case T-427/09) (1)

(Community trade mark - Revocation proceedings - Community word mark CENTROTHERM - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009)

2011/C 311/77

Language of the case: German

Parties

Applicant: centrotherm Clean Solutions GmbH & Co. KG (Blaubeuren, Germany) (represented by: O. Löffel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Centrotherm Systemtechnik GmbH (Brilon, Germany) (represented by: J. Albrecht and U. Vormbrock, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4) relating to revocation proceedings between centrotherm Clean Solutions GmbH & Co. KG and Centrotherm Systemtechnik 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 25 August 2009 (Case R 6/2008-4) in so far as it annuls the decision of the Cancellation Division of 30 October 2007 in part;

2. Orders OHIM to bear its own costs and to pay those incurred by centrotherm Clean Solutions GmbH & Co. KG;

3. Orders Centrotherm Systemtechnik GmbH to bear its own costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 269/46

Judgment of the General Court of 13 July 2011 — Greece v Commission

(Case T-81/09) (1)

(ERDF - Reduction of financial assistance - Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece - Delegation of auxiliary tasks by the Commission to third parties - Rate of financial correction - Commission discretion - Review by the courts)

2011/C 269/101

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: initially M. Tassopoulou, agent, assisted by C. Meïdanis and E. Lampadarios, lawyers, then P. Mylonopoulos and K. Boskovits, agents, assisted by G. Michailopoulos, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and D. Triantafyllou, agents)

Re:

Action for annulment of Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece, amounting to EUR 30 104 470,47 in respect of the operational programme ‘Accessibility and Trunk Roads’ by Commission Decision C(94) 3579 of 16 December 1994, authorising financial assistance from the ERDF.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece in so far as it provides, first, a correction amounting to EUR 506 303 in respect of the project ‘Isthmos — Galota’ and, second, a correction amounting to EUR 684 343 in respect of the project ‘Polymylos crossroads’ (contract 928)’;

2. Dismisses the action as to the remainder;

3. Orders the Hellenic Republic to bear its own costs and 80 % of the costs incurred by the European Commission;

4. Orders the European Commission to bear 20 % of its own costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 355/17

Judgment of the General Court of 26 October 2011 — Bayerische Asphaltmischwerke v OHIM — Koninklijke BAM Groep (bam)

(Case T-426/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BAM - Earlier national figurative mark BAM - Relative ground for refusal - Likelihood of confusion - No similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 355/29

Language of the case: English

Parties

Applicant: Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe (Hofolding, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Koninklijke BAM Groep NV (Bunnik, Netherlands) (represented by: initially, J. van Manen, subsequently, J. van Manen and M. van de Braak, and lastly, J. van Manen and R. Sjoerdsma, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 August 2009 (Case R 1005/2008-2), relating to opposition proceedings between Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe and Koninklijke BAM Groep NV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bayerische Asphaltmischwerke GmbH & Co. KG für Straßenbaustoffe to pay, in addition to its own costs, the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Koninklijke BAM Groep NV, including, as regards the latter, the costs necessarily incurred for the purposes of the proceedings before the Board of Appeal.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 319/15

Judgment of the General Court of 22 September 2011 — Evropaïki Dynamiki v Commission

(Case T-86/09) (1)

(Public service contracts - Tendering procedure - Provision of computer and related services, including the maintenance and development of the information systems of the Commission Directorate-General for Maritime Affairs and Fisheries - Rejection of a tender - Obligation to state reasons - Equal treatment - Transparency - Award criteria - Conflict of interests - Manifest error of assessment - Non-contractual liability)

2011/C 319/28

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, P. Katsimani and M. Dermitzakis, lawyers)

Defendant: European Commission (represented by: N. Bambara and E. Manhaeve, Agents, assisted by J. Stuyck, lawyer)

Re:

APPLICATION for annulment of the Commission’s decision of 12 December 2008 rejecting the tender submitted by the applicant in response to Call for Tenders MARE/2008/01 for the provision of computer and related services, including the maintenance and development of the information systems of the Commission’s Maritime Affairs and Fisheries Directorate-General (OJ 2008, S 115) and of the decision to award the contract to another tenderer, and an application for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 58/7

Judgment of the General Court of 18 January 2012 — Tilda Riceland Private v OHIM — Siam Grains (BASMALI)

(Case T-304/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BASmALI - Earlier non-registered trade mark and earlier sign BASMATI - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))

2012/C 58/12

Language of the case: English

Parties

Applicant: Tilda Riceland Private Ltd (Gurgaon, India) (represented by: S. Malynicz, Barrister, N. Urwin and D. Sills, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Siam Grains Co. Ltd (Bangkok, Thailand) (represented by: C. Thomas-Raquin, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 March 2009 (Case R 513/2008-1) relating to opposition proceedings between Tilda Riceland Private Ltd and Siam Grains Co. Ltd.

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 19 March 2009 (Case R 513/2008-1);

2. Orders OHIM to bear its own costs and to pay two thirds of the costs incurred by Tilda Riceland Private Ltd;

3. Orders Siam Grains Co. Ltd to bear its own costs and to pay one third of the costs incurred by Tilda Riceland Private Ltd.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 32/19

Judgment of the General Court of 13 December 2011 — Meica v OHIM — Bösinger Fleischwaren (Schinken King)

(Case T-61/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Schinken King - Earlier national word mark King - Earlier national and Community word marks Curry King - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

2012/C 32/36

Language of the case: German

Parties

Applicant: Meica Ammerländisch Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Russlies, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bösinger Fleischwaren GmbH (Bösingen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1049/2007-1) relating to opposition proceedings between Meica Ammerländisch Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and Bösinger Fleischwaren 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 11 December 2008 (Case R 1049/2007-1);

2. Orders OHIM to bear its own costs and to pay those incurred by Meica Ammerländisch Fleischwarenfabrik Fritz Meinen GmbH & Co. KG.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 200/11

Judgment of the General Court of 22 May 2012 — Retractable Technologies v OHIM — Abbott Laboratories (RT)

(Case T-371/09) (1)

(Community trade mark - Opposition Procedure - Application for figurative Community mark FT - Earlier national word mark RTH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/21

Language of the case: German

Parties

Applicant: Retractable Technologies (Little Elms, Texas, USA) (represented by: K. Dröge, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented initially by C. Jenewein, then by G. Schneider and D. Walicka, agents)

Other party to the proceedings before the Board of Appeal of OHIM: Abbott Laboratories (Abbot Park, Illinois, USA)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 July 2009 (Case R 1234/2008-4) concerning opposition proceedings between Abbott Laboratories and Retractable Technologies, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Retractable Technologies to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 165/16

Judgment of the General Court of 19 April 2012 — Evropaïki Dynamiki v Commission

(Case T-49/09) (1)

(Public service contracts - Community tendering procedure - Provision of services relating to the maintenance and development of the information systems of the Directorate-General for Regional Policy - Rejection of a tender - Action for annulment - Equal treatment - Obligation to state reasons - Infringement of essential procedural requirements - Manifest error of assessment - Non-contractual liability)

2012/C 165/27

Language of the case: English

Parties

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

Defendant: European Commission (represented: initially by N. Bambara and E. Manhaeve, and subsequently by E. Manhaeve, acting as Agents, assisted by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application, first, for annulment of the Commission’s decision of 21 November 2008 to reject the tender submitted by the applicant in the context of call for tenders REGIO-A4-2008-01 for the maintenance and development of the Directorate-General for Regional Policy’s information systems (OJ 2008/S 117-155067) and the decision to award the contract to another tenderer and, secondly, for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 319/6

Judgment of the General Court of 13 September 2012 — Protégé International Ltd v European Commission

(Case T-119/09) (1)

(Competition - Abuse of dominant position - Market for Irish whiskey - Decision to reject a complaint - Lack of Community interest)

2012/C 319/09

Language of the case: French

Parties

Applicant: Protégé International Ltd (London, United Kingdom) (represented by: D. Shefet, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Biolan and A. Antoniadis, lawyers)

Intervener in support of the defendant: Pernod Ricard SA (Paris, Frace) (represented by: A. Choffel and S. Hautborg, lawyers)

Re:

Annulment of Commission decision C(2009) 505 of 23 January 2009 (Case COMP/39.414 — Protégé International/Pernod Ricard), taken pursuant to Article 7(2) of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles [81 and 82 EC] (OJ 2004 L 123, p. 18) and rejecting, for lack of Community interest, the complaint lodged by the applicant concerning infringements of Article 82 EC allegedly committed by Pernod Ricard.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Protégé International Ltd to bear its own costs and to pay those incurred by the European Commission;

3. Orders Pernod Ricard SA to bear its own costs.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 243/15

Judgment of the General Court of 28 June 2012 — Basile and I Marchi Italiani v OHIM (B. Antonio Basile 1952)

(Case T-134/09) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)

2012/C 243/26

Language of the case: Italian

Parties

Applicants: Antonio Basile (Giugliano in Campania, Italy); and I Marchi Italiani Srl (Naples, Italy) (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)

Re:

Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 1436/2007-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.

Operative part of the judgment

The Court:

1. Removes the name of the second applicant, I Marchi Italiani Srl, from the list of applicants in Case T-134/09;

2. Dismisses the action;

3. Orders Mr Antonio Basile to pay the costs, other than those relating to the discontinuance;

4. Orders I Marchi Italiani Srl to bear its own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 379/21

Judgment of the General Court of 25 October 2012 — Astrim and Elyo Italia v Commission

(Case T-216/09) (1)

(Public service contracts - Tendering procedure - Maintenances services for air conditioning, heating and ventilation systems - Ispra Joint Research Centre - Rejection of a tenderer’s bid - Interpretation of a condition laid down in the contract specifications - Duty to state reasons)

2012/C 379/36

Language of the case: Italian

Parties

Applicants: Astrim SpA (Rome, Italy) and Elyo Italia Srl (Sesto San Giovanni, Italy) (represented by: M. Brugnoletti and M. Civello, lawyers)

Defendant: European Commission (represented: initially by N. Bambara and E. Manhaeve, then E. Manhaeve and F. Moro, Agents, and D. Gullo, lawyer)

Re:

Action for annulment of the Commission Decision of 27 March 2009 rejecting the bid submitted by the applicants in connection with the call for tenders published on 25 October 2008 by the Commission for the award of routine and non-routine maintenance services for air conditioning, heating and ventilation systems at the Ispra Joint Research Centre (OJ 2008/S 208-274999), and, in the alternative, an application for partial annulment of point 17 of the invitation to tender.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Astrim SpA and Elyo Italia Srl to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 355/21

Judgment of the General Court of 27 September 2012 — Producteurs de légumes de France v Commission

(Case T-328/09) (1)

(State aid - Fruit and vegetable sector - ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France - Decision declaring the aid to be incompatible with the common market - Legitimate expectation - Material error in the calculation of the amounts to be recovered)

2012/C 355/43

Language of the case: French

Parties

Applicant: Producteurs de légumes de France (Paris, France) (represented: by initially O. Fachin, and subsequently O. Redon, lawyers)

Defendant: European Commission (represented by: B. Stromsky, acting as Agent)

Re:

Application for annulment of Commission Decision C(2009) 203 final of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by the French Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Producteurs de légumes de France to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 189/16

Judgment of the General Court of 17 May 2013 — Parker ITR and Parker-Hannifin v Commission

(Case T-146/09) (1)

(Competition - Agreements, decisions and concerted practices - European market for marine hoses - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing, market-sharing and the exchange of commercially sensitive information - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Legal certainty - Ceiling of 10 % - Mitigating circumstances - Cooperation)

2013/C 189/29

Language of the case: English

Parties

Applicants: Parker ITR Srl (Veniano, Italy) and Parker-Hannifin Corp. (Mayfield Heights, Ohio, United States) (represented by: B. Amory, F. Marchini Càmia, and F. Amato, lawyers)

Defendant: European Commission (represented: initially by N. Khan, V. Bottka and S. Noë, and subsequently by V. Bottka, S. Noë and R. Sauer, acting as Agents)

Re:

Application for partial annulment of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as that decision concerns the applicants, and, in the alternative, for annulment or a substantial reduction in the fine imposed on them in that decision

Operative part of the judgment

The Court:

1. Annuls Article 1(i) of Commission Decision C(2009) 428 final of 28 January 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39406 — Marine hoses), in so far as in that decision the European Commission found that Parker ITR Srl had participated in the infringement in respect of the period before 1 January 2002;

2. Annuls Article 2(e) of Decision C(2009) 428 final;

3. Sets the amount of the fine imposed on Parker ITR at EUR 6 400 000, of which Parker-Hannifin Corp. is jointly and severally liable for EUR 6 300 000;

4. Dismisses the action as to the remainder;

5. Orders the Commission to bear its own costs and to pay those incurred by Parker ITR and Parker-Hannifin.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 32/16

Judgment of the General Court (Third Chamber) of 12 December 2012 — 1. garantovaná v Commission

(Case T-392/09) (1)

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Imputability of the unlawful conduct - Fines - Ceiling of 10 % of turnover - Relevant turnover - Rights of the defence - Obligation to state reasons - Proportionality - 2006 Guidelines on the method of setting fines - Ability to pay)

2013/C 32/23

Language of the case: English

Parties

Applicant: 1. garantovaná a.s. (Bratislava, Slovakia) (represented initially by: M. Powell, Solicitor, A. Sutton and G. Forwood, Barristers, and subsequently by M. Powell, G. Forwood, M. Staroň and P. Hodál, lawyers)

Defendant: European Commission (represented by: J. Bourke, N. von Lingen and A. Tokár, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 1. garantovaná a.s. to pay the costs.

(1) OJ C 297, 5.12.2009.