ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 212/28

Judgment of the General Court of 21 May 2014 — Bateaux mouches v OHIM

(Case T-553/12) (1)

((Community trade mark - Application for figurative Community trade mark BATEUAX-MOUCHES - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Descriptive character - Article 7(1)(c) of Regulation No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))

2014/C 212/34

Language of the case: French

Parties

Applicant: Compagnie des bateaux mouches SA (Paris, France) (represented by: G. Barbaut, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 1709/2011-2) concerning an application for registration of the figurative sign BATEAUX-MOUCHES as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnie des bateaux mouches SA to pay the costs.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 292/34

Judgment of the General Court of 16 July 2014 — Greece v Commission

(Case T-52/12) (1)

((State aid - Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 - Decision declaring aid incompatible with the internal market and ordering its recovery - Concept of State aid - Article 107(3)(b) and (c) TFEU - Guidelines for State aid in the agricultural sector))

2014/C 292/40

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented initially by I. Chalkias and S. Papaïoannou, then by I. Chalkias and A. Vasilopoulou, agents)

Defendant: European Commission (represented initially by D. Triantafyllou and S. Thomas, then by D. Triantafyllou and R. Sauer, agents)

Re:

Annulment of Commission Decision 2012/157/EU of 7 December 2011 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 (OJ 2012 L 78, p. 21).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Hellenic Republic to pay the costs, including those relating to the action for interim measures.

(1) OJ C 118, 21.4.2012.
3)

Orders the effects of Decision 2012/635 and Implementing Regulation No 945/2012 to be maintained as regards National Iranian Tanker Company until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;
Judgment of the General Court of 2 October 2014 — Euro-Link Consultants and European Profiles v Commission

(Case T-199/12) (1)

((Public service contracts - Tender procedure - Crimean tourism diversification and support project - Rejection of the applicants’ tender - Action for annulment - Measure not amenable to review - Confirmatory measure - Partial inadmissibility - Obligation to state reasons - Award criteria - Manifest error of assessment - Misuse of powers - Equal treatment))

(2014/C 395/45)

Language of the case: English

Parties

Applicants: Euro-Link Consultants Srl (Bucharest, Romania); and European Profiles AE Meleton kai Symvoulon Epicheiriseon (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented initially by: S. Bartelt and A. Bordes, and subsequently by S. Bartelt and M. Konstantinidis, Agents)

Re:

Application for the annulment of the decision of 28 February 2012 of the European Union Delegation to Ukraine, in the restricted tender procedure EuropeAid/131567/C/SER/UA ‘Crimean tourism diversification and support project’, not to award the contract to the applicants’ consortium, and the subsequent decisions rejecting the applicants’ complaints made on 14 March 2012 by that authority and on 2 May 2012 by the Director of the Neighbourhood Directorate of the Commission’s Directorate General for Development and Co-operation — EuropeAid

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Euro-Link Consultants Srl and European Profiles AE Meleton kai Symvoulon Epicheiriseon to pay the costs.

(1) OJ C 209, 14.7.2012.
Official Journal of the European Union

Judgment of the General Court of 25 September 2014 — Ted-Invest v OHIM — Scandia Down (sensi scandia)

(Case T-516/12) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark sensi scandia - Earlier Community word mark SCANDIA HOME - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2014/C 395/51)

Language of the case: English

Parties

Applicant: Ted-Invest EOOD (Plovdiv, Bulgaria) (represented by: A. Ivanova, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Scandia Down LLC (Weehawken, New Jersey, United States) (represented by: G. Farrington, solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 2247/2011-1), relating to invalidity proceedings between Scandia Down LLC and Ted-Invest EOOD

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ted-Invest EOOD to pay the costs.

(1) OJ C 32, 2.2.2013.
EN Official Journal of the European Union C 7/30

Judgment of the General Court of 19 November 2014 —Ntouvas v ECDC

(Case T-223/12) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Article 4(2), third indent - Final audit reports carried out on the ECDC by the Commission’s Internal Audit Service - Refusal of access - Obligation to state reasons - Obligation to undertake a concrete, individual examination - Overriding public interest))

(2015/C 007/32)

Language of the case: English

Parties

Applicant: Ioannis Ntouvas (Agios Stefanos, Greece) (represented: by E. Mylonas, and V. Kolias, lawyers)

Defendant: European Centre for Disease Prevention and Control (ECDC) (represented: initially by R. Trott, and subsequently by J. Mannheim and A. Daume, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Application for annulment of the decision of the ECDC of 27 March 2012 (DIR-12-0636-MSrukr) refusing the applicant access to the final audit reports carried out on the ECDC by the Internal Audit Service of the European Commission.

Operative part of the judgment

The Court:

1) Annuls the decision of the European Centre for Disease Prevention and Control (ECDC) of 27 March 2012 (DIR-12-0636-MSrukr) refusing Mr Ioannis Ntouvas access to the final audit reports carried out on the ECDC by the Internal Audit Service of the European Commission;

2) Orders the ECDC to pay the costs.

(1) OJ C 227, 28.7.2012.
EN Official Journal of the European Union C 421/31

Judgment of the General Court of 16 October 2014 — Evropaïki Dynamiki v Commission

(Case T-297/12) (1)

((Non-contractual liability - Public service contracts - Disclosure by the Commission to third parties of information allegedly harmful to the applicant’s reputation - Non-pecuniary loss - Sufficiently serious infringement of a legal rule conferring rights on individuals))

2014/C 421/42

Language of the case: Greek

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Commission (represented by: S. Lejeune and S. Delaude, agents, assisted by E. Petritsi, lawyer)

Re:

Action for compensation for the harm allegedly suffered due to the disclosure by the Commission in its letter of 3 July 2007 to third parties of certain information concerning an administrative investigation by the Commission in respect of the applicant and the applicant’s personnel recruitment policy.

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 273, 8.9.2012.
EN Official Journal of the European Union C 89/18

Judgment of the General Court of 4 February 2015 — El Corte Inglés v OHIM — Apro Tech (APRO)

(Case T-372/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark APRO - Earlier national figurative mark B-PRO by Boomerang, earlier Community word mark PRO MOUNTAIN and applications for earlier Community figurative and word marks B-PRO by Boomerang and PRO OUTDOOR - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 089/19)

Language of the case: English

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Apro Tech Co. Ltd (Tachia, Taiwan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2012 (Case R 196/2011-2), relating to opposition proceedings between El Corte Inglés, SA and Apro Tech Co. Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders El Corte Inglés, SA, to pay the costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 65/30

Judgment of the General Court of 15 January 2015 — Ziegler v Commission

(Joined Cases T-539/12 and T-150/13) (1)

((Non-contractual liability - Competition - International removal services market in Belgium - Removals of officials and other staff of the EU - Decision finding an infringement of Article 101 TFEU - Cover quotes - Scope of liability of an institution - Principle of res judicata - Due diligence - Causal link))

(2015/C 065/41)

Language of the case: French

Parties

Applicants: Ziegler SA (Brussels, Belgium); and Ziegler Relocation SA (Brussels, Belgium) (represented by: J.-F. Bellis, M. Favart and A. Bailleux, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and A. Bouquet, acting as Agents)

Re:

Action seeking compensation for damage allegedly caused by the adoption of Commission Decision C (2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services), and for damage allegedly caused by the continuation of the practice of ‘cover quotes’ after the adoption of Decision C (2008) 926, between 11 March 2008 and 1 January 2014.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Ziegler SA to bear its own costs and to pay those incurred by the European Commission in Case T-539/12;

3. Orders Ziegler Relocation SA to bear its own costs and to pay those incurred by the European Commission in Case T-150/13.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 198/30

Judgment of the General Court of 30 April 2015 — VTZ and Others v Council

(Case T-432/12) (1)

((Dumping - Imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine - Definitive anti-dumping duty - Expiry review - Likelihood of recurrence of injury - European Union interest - Manifest error of assessment - Obligation to state reasons))

(2015/C 198/39)

Language of the case: English

Parties

Applicants: Volžskij trubnyi zavod OAO (VTZ OAO) (Volzhksy, Russia); Taganrogskij metallurgičeskij zavod OAO (Tagmet OAO) (Taganrog, Russia); Sinarskij trubnyj zavod OAO (SinTZ OAO) (Kamensk-Uralsky, Russia); Severskij trubnyj zavod OAO (STZ OAO) (Polevskoy, Russia) (represented by: J.-F. Bellis, F. Di Gianni, G. Coppo and C. Van Hemelrijck, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, assisted initially by G. Berrisch and A. Polcyn, and subsequently by A. Polcyn and D. Geradin, lawyers)

Intervener in support of the defendant: European Commission (represented by: M. França and A. Stobiecka-Kuik, acting as Agents)

Re:

APPLICATION for annulment of Council Implementing Regulation (EU) No 585/2012 of 26 June 2012 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009, and terminating the expiry review proceeding concerning imports of certain seamless pipes and tubes, of iron or steel, originating in Croatia (OJ 2012 L 174, p. 5), in so far as it applies to the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volžskij trubnyi zavod OAO (VTZ OAO), Taganrogskij metallurgičeskij zavod OAO (Tagmet OAO), Sinarskij trubnyj zavod OAO (SinTZ OAO) and Severskij trubnyj zavod OAO (STZ OAO) to bear their own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 366, 24.11.2012.
EN Official Journal of the European Union C 127/20

Judgment of the General Court of 27 February 2015 — Spa Monopole v OHIM — Olivar Del Desierto (OLEOSPA)

(Case T-377/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark OLEOSPA - Earlier Benelux word marks SPA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 127/27)

Language of the case: French

Parties

Applicant: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and E. De Gryse, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Olivar Del Desierto, SL (Almería, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 June 2012 (Case R 135/2011-4) concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and Olivar Del Desierto, SL.

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 22 June 2012 (Case R 135/2011-4), in so far as it dismisses the opposition in respect of cosmetic products, falling within Class 3 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Orders OHIM to pay the costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 302/43

Judgment of the General Court of 15 July 2015 — AGC Glass Europe and Others v Commission

(Case T-465/12) (1)

((Competition - Administrative procedure - European automotive glass market - Publication of a decision finding an infringement of Article 81 EC - Rejection of a request for confidential treatment of information the Commission intends to publish - Obligation to state reasons - Confidentiality - Obligation of professional secrecy - Leniency programme - Legitimate expectations - Equal treatment))

(2015/C 302/55)

Language of the case: English

Parties

Applicants: AGC Glass Europe (Brussels, Belgium); AGC Automotive Europe SA, (Fleurus, Belgium); AGC France SAS (Boussois, France); AGC Flat Glass Italia Srl (Cuneo, Italy); AGC Glass UK Ltd (Northampton, United Kingdom); AGC Glass Germany GmbH (Wegberg, Germany) (represented by: L. Garzaniti, J. Blockx, P. Niggemann, A. Burckett St Laurent, lawyers, and S. Ryan, Solicitor)

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

Re:

Application for annulment of Commission Decision C(2012) 5719 final of 6 August 2012 on the rejection of a request for confidential treatment submitted by AGC Glass Europe SA, AGC Automotive Europe SA, AGC France SAS, AGC Flat Glass Italia Srl, AGC Glass UK Ltd and AGC Glass Germany GmbH, under Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case COMP/39.125 — Car glass).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders AGC Glass Europe SA, AGC Automotive Europe SA, AGC France SAS, AGC Flat Glass Italia Srl, AGC Glass UK Ltd and AGC Glass Germany GmbH to pay the costs.

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 221/7

Judgment of the General Court of 20 May 2015 — Yuanping Changyuan Chemicals v Council

(Case T-310/12) (1)

((Dumping - Imports of oxalic acid originating in India and China - Definitive anti-dumping duty - Community industry - Determination of injury - Article 9(4), Article 14(1) and Article 20(1) and (2) of Regulation (EC) No 1225/2009 - Obligation to state reasons - Right to make representations - Article 20(5) of Regulation (EC) No 1225/2009))

(2015/C 221/09)

Language of the case: English

Parties

Applicant: Yuanping Changyuan Chemicals Co. Ltd (Yuan Ping City, Xin Zhou, China) (represented by: V. Akritidis, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and initially by N. Chesaites, Barrister, and G. Berrisch, lawyer, and subsequently by D. Geradin, lawyer)

Intervener in support of the defendant: European Commission (represented by: M. França and A. Stobiecka-Kuik, Agents)

Re:

Application for annulment of Council Implementing Regulation (EU) No 325/2012 of 12 April 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of oxalic acid originating in India and the People’s Republic of China (OJ 2012 L 106, p. 1).

Operative part of the judgment

The Court:

1) Annuls Council Implementing Regulation (EU) No 325/2012 of 12 April 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of oxalic acid originating in India and the People’s Republic of China in so far as it concerns Yuanping Changyuan Chemicals Co. Ltd;

2) Orders the Council of the European Union to bear its own costs and to pay those incurred by Yuanping Changyuan Chemicals Co. Ltd, other than the costs incurred by the latter as a result of the European Commission’s intervention;

3) Orders the European Commission to bear its own costs and to pay those incurred by Yuanping Changyuan Chemicals Co. Ltd as a result of the European Commission’s intervention.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 27/30

Judgment of the General Court of 3 December 2015 — Cuallado Martorell v Commission

(Case T-506/12 P) (1)

((Appeal - Civil Service - Officials - Recruitment - Open competition to draw up a reserve list of lawyer-linguists with Spanish as their main language - Decision of the jury confirming failure to pass the written tests and non-admittance to the oral test - Article 90(2) of the Statute - Admissibility of the action at first instance - Duty to state reasons - Refusal to send the marked written tests to the appellant - Access to documents))

(2016/C 027/33)

Language of the case: Spanish

Parties

Appellant: Eva Cuallado Martorell (Valencia, Spain) (represented by: C. Pinto Cañón, lawyer)

Other party to the proceedings: European Commission (represented by: J. Baquero Cruz and G. Gattinara, acting as agents)

Re:

Appeal brought against the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) inasmuch as it declares the action to be inadmissible in seeking the annulment of the decision refusing admission to the oral test and, consequently, the reserve list;

2. Dismisses the appeal as to the remainder;

3. Refers the case back to the Civil Service Tribunal;

4. Reserves the costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 389/27

Judgment of the General Court of 30 September 2015 — Anagnostakis v Commission

(Case T-450/12) (1)

((Law governing the institutions - European citizens’ initiative - Economic and monetary policy - Non-reimbursement of sovereign debt - Affirmation of the principle of the ‘State of necessity’ - Refusal of registration - Powers of the Commission - Obligation to state reasons))

(2015/C 389/27)

Language of the case: Greek

Parties

Applicant: Alexios Anagnostakis (Athens, Greece) (represented by: A. Anagnostakis, lawyer)

Defendant: European Commission (represented by: H. Krämer and M. Konstantinidis, acting as Agents)

Re:

Application for annulment of Commission decision C(2012) 6289 final of 6 September 2012 rejecting the request to register the European citizens’ initiative ‘One Million Signatures for a Europe of Solidarity’, submitted to the Commission on 13 July 2012.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Alexios Anagnostakis to pay the costs.

(1) OJ C 399, 22.12.2012.