ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 313/30

Judgment of the Court of First Instance of 15 October 2008 — Air Products and Chemicals v OHIM — Messer (Ferromix, Inomix and Alumix)

(Joined Cases T-305/06 to T-307/06) (1)

(Community trade mark - Opposition proceedings - Applications for the Community word marks Ferromix, Inomix and Alumix - Earlier Community word marks FERROMAXX, INOMAXX and ALUMAXX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 313/54)

Language of the case: English

Parties

Applicant: Air Products and Chemicals, Inc. (Allentown, Pennsylvania, United States) (represented by: S. Heurung and C. Probst, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Messer Group GmbH (Sulzbach, Germany) (represented by: W. Graf v. Schwerin and J. Schmidt, lawyers)

Re:

Actions brought against three decisions of the Second Board of Appeal of OHIM of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2), concerning opposition proceedings between Air Products and Chemicals, Inc. and Messer Group GmbH.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 September 2006 (Joined Cases R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2);

2. Orders OHIM to bear its own costs and pay the costs of Air Products and Chemicals, Inc.;

3. Orders Messer Group GmbH to bear its own costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 113/33

Judgment of the Court of First Instance of 31 March 2009 — ArcelorMittal Luxembourg and Others v Commission

(Case T-405/06) (1)

(Competition - Agreements, decisions and concerted practices - Community market in beams - Decision establishing an infringement of Article 65 CS, after expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Competence of the Commission - Liability for the infringement - Limitation - Rights of the defence)

2009/C 113/66

Language of the case: French

Parties

Applicants: ArcelorMittal Luxembourg SA, formerly Arcelor Luxembourg SA (Luxembourg, Luxembourg); ArcelorMittal Belval & Differdange SA, formerly Arcelor Profil Luxembourg SA (Esch-sur-Alzette, Luxembourg); and ArcelorMittel International SA, formerly Arcelor International SA (Luxembourg) (represented by: A. Vandencasteele, lawyer)

Defendants: Commission of the European Communities (represented by: X. Lewis and F. Arbault, Agents)

Re:

Annulment of Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2006) 5342 final of 8 November 2006 relating to a proceeding under Article 65 [CS] concerning agreements and concerted practices engaged in by European producers of beams (Case COMP/F/38.907 — Steel beams) inasmuch as it concerns ArcelorMittal Belval & Differdange SA and ArcelorMittal International SA;

2. Dismisses the action as unfounded as to the remainder;

3. Orders, in so far as the present case is between them, the Commission to pay, in addition its own expenses, the costs incurred by ArcelorMittal Belval & Differdange and ArcelorMittal International;

4. Orders, in so far as the present case is between them, ArcelorMittal Luxembourg SA to pay, in addition to its own costs, the costs incurred by the Commission.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 44/43

Judgment of the Court of First Instance of 18 December 2008 — Torres v OHIM — Vinícola de Tomelloso (TORRE DE GAZATE)

(Case T-286/06) (1)

(Community trade mark - Opposition procedure - Application for Community word mark TORRE DE GAZATE - Earlier national and international word marks TORRES and LAS TORRES - Relative ground for refusal - No likelihood of confusion)

(2009/C 44/74)

Language of the case: Spanish

Parties

Applicant: Miguel Torres, SA (Vilafranca del Penedés, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño and J. García Murillo, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Vinícola de Tomelloso, SCL (Tomelloso, Spain) (represented by: J. Casajuana Espinosa, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R-421/2004-2) relating to opposition proceedings between Miguel Torres, SA and Vinícola de Tomelloso, SCL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miguel Torres, SA to pay the costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 267/55

Judgment of the Court of First Instance of 23 September 2009 — Dongguan Nanzha Leco Stationery v Council of the European Union

(Case T-296/06) (1)

(Dumping - Imports of lever arch mechanisms originating in China - Determination of the dumping margin - Market economy treatment - Comparison between the normal value and the export price - Application of a different method to that used during the initial investigation - Article 2(7)(a) and (10) of Regulation (EC) No 384/96)

2009/C 267/93

Language of the case: English

Parties

Applicant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (Dongguan, China) (represented by: A. Bentley, QC)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, assisted by G. Berrisch, Lawyer)

Interveners in support of the defendants: Commission of the European Communities (represented by H. van Vliet and T. Scharf, Agents); IML Industria Meccanica Lombarda Srl (Offanengo, Italy); Interkov spol. s.r.o. (Bráník, Czech Republic); MI.ME.CA. Srl (Ricengo, Italy); and NIKO — kovinarsko podjetje, d.d. Železniki (Železniki, Slovenia) (represented by R. Bierwagen, Lawyer)

Re:

Application for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s Republic of China (OJ 2006 L 205, p. 1), in so far as it applies to the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd, to bear its own costs and to pay those incurred by the Council of the European Union, IML Industria Meccanica Lombarda Srl, Interkov spol. s r.o., MI.ME.CA. Srl and NIKO — kovinarsko podjetje, d.d. Železniki;

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

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 167/9

Judgment of the Court of First Instance of 9 June 2009 — NDSHT v Commission

(Case T-152/06) (1)

(Action for annulment - State aid - Regulation (EC) No 659/1999 - Complaint by a competitor - Letters from the Commission to a complainant - Existing aid - Non-actionable measure - Inadmissibility)

2009/C 167/18

Language of the case: English

Parties

Applicant: NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB (Stockholm, Sweden) (represented by: M. Merola and L. Armati, lawyers)

Defendant: Commission of the European Communities (represented by: T. Scharf, acting as Agent)

Re:

Application for the annulment of the decision contained in the Commission’s letters to NDSHT of 24 March and 28 April 2006, relating to a complaint concerning allegedly unlawful State aid granted by the City of Stockholm to Stockholm Visitors Board AB (Case CP 178/04 — Alleged State aid to SVB AB),

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders NDSHT Nya Destination Stockholm Hotell & Teaterpaket AB to pay the costs.

(1) OJ C 178, 29.7.2006.
Official Journal of the European Union

Judgment of the General Court of 27 April 2010 — Union Investment Privatfonds v OHIM — Unicre-Cartão International De Crédito (unibanco)

(Case T-392/06) (1)

(Community trade mark - Opposition procedure - Application for the figurative Community mark unibanco - Prior national figurative marks UniFLEXIO, UniVARIO and UniZERO - Late production of documents - Discretion conferred by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009))

(2010/C 161/58)

Language of the case: German

Parties

Applicant: Union Investment Privatfonds GmbH (Frankfurt-am-Main, Germany) (represented by: H. Keller, later by J. Zindel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Unicre-Cartão International De Crédito S.A. (Lisbon, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 October 2006 (Case R 442/2004-2) concerning an opposition procedure between Union Investment Privatfonds GmbH and Unicre-Cartão International De Crédito S.A.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Union Investment Privatfonds GmbH to pay the costs.

(1) OJ C 42, 24.2.2007.
EN Official Journal of the European Union C 11/22

Judgment of the Court of First Instance of 19 November 2009 — Torresan v OHIM — Klosterbrauerei Weissenohe (CANNABIS)

(Case T-234/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark CANNABIS - Absolute ground for refusal - Descriptive character - Articles 7(1)(c) and 51(1)(a) of Regulation (EC) No 40/94 (now Articles 7(1)(c) and 52(1)(a) of Regulation (EC) No 207/2009))

2010/C 11/40

Language of the case: Italian

Parties

Applicant: Giampietro Torresan (Rothenburg, Switzerland) (represented by: G. Recher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and O. Montalto, agents)

Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Klosterbrauerei Weissenohe GmbH & Co. KG (Weissonohe, Germany) (represented by: A. Masetti Zannini de Concina, M. Bucarelli and R. Cartella, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2) relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Giampietro Torresan to pay the costs.

(1) OJ C 261, 28.10.2006.
EN Official Journal of the European Union C 145/20

Judgment of the General Court of 24 March 2011 — IMI and Others v Commission

(Case T-378/06) (1)

(Competition - Agreements, decisions and concerted practices - Copper and copper alloy fittings sector - Decision finding an infringement of Article 81 EC - Fines - Relevant turnover - Leniency Notice - Guidelines on the method of setting fines - Equal treatment)

2011/C 145/29

Language of the case: English

Parties

Applicants: IMI plc (Birmingham, United Kingdom); IMI Kynoch Ltd (Birmingham); Yorkshire Fittings Ltd (Leeds, United Kingdom); VSH Italia Srl (Bregnano, Italy); Comap SA, formerly Aquatis France SAS (La Chapelle-Saint-Mesmin, France); and Simplex Armaturen + Fittings GmbH & Co. KG (Argenbühl-Eisenharz, Germany) (represented by: M. Struys and D. Arts, lawyers)

Defendant: European Commission (represented by: A. Nijenhuis and V. Bottka, acting as Agents, and by S. Kinsella, Solicitor, and K. Nordlander, lawyer)

Re:

Application for annulment in part of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings), and also, in the alternative, for a reduction in the fine imposed on the applicants in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IMI plc, IMI Kynoch Ltd, Yorkshire Fittings Ltd, VSH Italia Srl, Comap SA and Simplex Armaturen + Fittings GmbH & Co. KG to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 301/23

Judgment of the General Court of 13 September 2010 — Whirlpool Europe v Council

(Case T-314/06) (1)

(Dumping - Imports of certain combined refrigerator-freezers originating in South Korea - Definition of the product concerned - Rights of the defence - Advisory Committee - Duty to state reasons - Choice of the method used to define the product concerned - Article 15(2) and Article 20(5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(5) of Regulation (EC) No 1225/2009))

2010/C 301/35

Language of the case: English

Parties

Applicant: Whirlpool Europe Srl (Comerio, Italy) (represented by: M. Bronckers and F. Louis, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, lawyer)

Interveners in support of the applicant: Italian Republic (represented by: G. Albenzio, lawyer), and European Committee of Domestic Equipment Manufacturers (CECED), (Brussels, Belgium) (represented by: Y. Desmedt and A. Verheyden, lawyers)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, Agents) and LG Electronics, Inc. (Seoul, South Korea) (represented initially by: L. Ruessmann and P. Hecker, and subsequently by L. Ruessmann and A. Willems, lawyers)

Re:

Application for the annulment in part of Council Regulation (EC) No 1289/2006 of 25 August 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain side-by-side refrigerators originating in the Republic of Korea (OJ 2006 L 236, p. 11)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Whirlpool Europe Srl to bear its own costs and to pay those incurred by the Council of the European Union and LG Electronics, Inc.;

3. Orders the Italian Republic, the European Commission and the European Committee of Domestic Equipment Manufacturers (CECED) to bear their own costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 331/16

Judgment of the General Court of 29 September 2011 — Poland v Commission

(Case T-4/06) (1)

(Agriculture - Act of Accession 2003 - Regulation (EC) No 1260/2001 - Regulation (EC) No 1686/2005 - Regulation (EC) No 1193/2009 - 2004/2005 marketing year - Additional levy - Setting of two coefficients - Competence - Legal basis - Empowering measure - Obligation to give reasons - Compliance with essential procedural requirements)

2011/C 331/28

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented: initially by J. Pietras, later by E. Osśiecka-Tamecka, later by: T. Nowakowski, later by M. Dowgielewicz, B. Majczyna and P. Rosniak and finally, by: B. Majczyna, M. Szpunnar and D. Krawczyk, Agents)

Defendant: European Commission (represented: initially by A. Szmytkowska, C. Cattabriga and F. Erlbacher, later, by: A. Szmytkowska and P. Rossi, Agents)

Re:

Annulment of Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year (OJ 2005 L 271, p. 12), as amended by Article 3 of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 (OJ 2009 L 321, p. 1).

Operative part of the judgment

The Court:

1. Annuls Article 2 of Commission Regulation (EC) No 1686/2005 of 14 October 2005 setting the production levies and the coefficient for the additional levy in the sugar sector for the 2004/05 marketing year (OJ 2005 L 271, p. 12), as amended by Article 3 of Commission Regulation (EC) No 1193/2009 of 3 November 2009 correcting Regulations (EC) No 1762/2003, (EC) No 1775/2004, (EC) No 1686/2005, (EC) No 164/2007 and fixing the production levies in the sugar sector for marketing years 2002/2003, 2003/2004, 2004/2005, 2005/2006 (OJ 2009 L 321, p. 1);

2. Orders the European Commission to pay the costs.

(1) OJ C 74, 25.3.2006.
EN Official Journal of the European Union C 226/22

Judgment of the General Court of 16 June 2011 — Edison v Commission

(Case T-196/06) (1)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the infringement - Obligation to state the reasons on which the decision is based)

2011/C 226/43

Language of the case: Italian

Parties

Applicant: Edison S.p.A. (Milan, Italy) (represented by: M. Siragusa, R. Casati, M. Beretta, P. Merlino and E. Bruti Liberati, lawyers)

Defendant: European Commission (represented initially by V. Di Bucci and F. Amato, and subsequently by V. Di Bucci and V. Bottka, Agents)

Re:

Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), in so far as it concerns the applicant and, in the alternative, a reduction of the fine.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), in so far as it concerns Edison SpA.;

2. Orders the European Commission to pay the costs.

(1) OJ C 212, 2.9.2006.
EN Official Journal of the European Union C 118/21

Judgment of the General Court of 6 March 2012 — UPM-Kymmene v Commission

(Case T-53/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Duration of the infringement - Single and continuous infringement - Fines - Gravity of the infringement - Mitigating circumstances - Undertaking playing a passive role - Proportionality)

2012/C 118/34

Language of the case: English

Parties

Applicant: UPM-Kymmene Oyj (Helsinki, Finland) (represented initially by: B. Amory, E. Friedel and F. Bimont, subsequently by B. Amory, E. Friedel, F. Bimont and F. Amato, and finally by B. Amory, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by M. Gray, Barrister)

Re:

Application for annulment of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding pursuant to Article 81 [EC] (Case COMP/F/38.354 — Industrial bags) in so far as it holds UPM-Kymmene Oyj liable for the single and continuous infringement referred to in Article 1(1) thereof, in respect of the period prior to 10 October 1995;

2. Sets the amount of the fine imposed by Article 2(j) of that decision at EUR 50.7 million;

3. Dismisses the action as to the remainder;

4. Orders the European Commission and UPM-Kymmene each to bear their own costs.

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 6/12

Judgment of the General Court of 16 November 2011 — Sachsa Verpackung v Commission

(Case T-79/06) (1)

(Competition - Agreements, decisions and concerted practices - Plastic industrial bags sector - Decision finding an infringement of Article 81 EC - Price fixing - Allocation of sales quotas by geographic area - Allocation of customers - Exchange of individualised information - Proof of the infringement - Duration of the infringement - Fines - Gravity of the infringement - Proportionality - Attenuating circumstances - Follow-my-leader role)

2012/C 6/18

Language of the case: French

Parties

Applicant: Sachsa Verpackung GmbH (Wieda, Germany) (represented by: F. Puel and L. François-Martin, lawyers)

Defendant: European Commission (represented initially by: F. Castillo de la Torre and F. Arbault, then by F. Castillo de la Torre and N. von Lingen, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2005) 4634 final of 30 November 2005 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.354 — Industrial bags), concerning a cartel on the market for plastic industrial bags, and, in the alternative, for amendment of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gascogne Sack Deutschland GmbH to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 355/18

Judgment of the General Court of 27 September 2012 — Heijmans Infrastructuur v Commission

(Case T-359/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Burden of proof - Fines - Gravity of the infringement - Imputability of the unlawful conduct - Obligation to state reasons - Rights of the defence)

2012/C 355/34

Language of the case: Dutch

Parties

Applicant: Heijmans Infrastructuur BV (Rosmalen, Netherlands) (represented initially by M. Smeets and A. Van den Oord, and subsequently by M. Smeets, lawyers)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Heijmans Infrastructuur BV to pay the costs.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 355/17

Judgment of the General Court of 27 September 2012 — Koninklijke Volker Wessels Stevin v Commission

(Case T-356/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Imputability of the unlawful conduct)

2012/C 355/32

Language of the case: Dutch

Parties

Applicant: Koninklijke Volker Wessels Stevin NV (Rotterdam, Netherlands) (represented: initially by E. Pijnacker Hordijk and Y. de Vries, and subsequently by E. Pijnacker Hordijk and X. Reintjes, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by L. Gyselen, F. Tuytschaever and F. Wijckmans, and subsequently by L. Gyselen, lawyers)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Koninklijke Volker Wessels Stevin NV to pay the costs.

(1) OJ C 20, 27.1.2007.