ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 366/31

Judgment of the General Court of 10 October 2012 — Evropaïki Dynamiki v Commission

(Case T-247/09) (1)

(Public service contracts - Tendering procedure - Supply of services relating to the production and dissemination of the Supplement to the Official Journal of the European Union and related offline and online media - Rejection of the bid of one tenderer and decision to award the contract to another tenderer - Obligation to state reasons - Equal treatment - Manifest error of assessment - Non-contractual liability)

2012/C 366/58

Language of the case: English

Parties

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

Defendant: European Commission (represented by: N. Bambara and. E. Manhaeve, Agents, assisted initially by N. Dimopoulos, Solicitor, then by E. Petritsi, lawyer and lastly by O. Graber-Soudry, Solicitor)

Re:

First, annulment of the Commission decision of 7 April 2009, rejecting the bid submitted by the applicant in response to open Call for Tenders AO 10186 for the production and dissemination of the Supplement to the Official Journal of the European Union: TED website, OJS DVD-ROM and related Offline and Online media (OJ 2009/S 2-001445), along with the decision to award the contract to another tenderer and, second, a claim for damages and interest.

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 205, 29.8.2009.
EN Official Journal of the European Union C 355/22

Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (Emidio Tucci)

(Case T-373/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2012/C 355/45

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Emilio Pucci International BV (Amsterdam, Netherlands) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Joined Cases R 770/2008-2 and R 826/2008-2), relating to opposition proceedings between Emilio Pucci International BV and El Corte Inglés, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 189/17

Judgment of the General Court of 17 May 2013 — MRI v Commission

(Case T-154/09) (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 - Concept of continuing or repeated infringement - Limitation period - Obligation to state reasons - Equal treatment - Legal certainty - Fines - Gravity and duration of the infringement - Extenuating circumstances - Cooperation)

2013/C 189/31

Language of the case: Italian

Parties

Applicant: Manuli Rubber Industries SpA (MRI) (Milan, Italy) (represented by: L. Radicati di Brozolo, M. Pappalardo and E. Marasà, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, S. Noë and L. Prete, 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 applicant, and, in the alternative, for annulment of or a substantial reduction in the fine imposed on it in that decision

Operative part of the judgment

The Court:

1. Annuls Article 2(f) 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);

2. Sets the amount of the fine imposed on MRI at EUR 4 900 000;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 32/15

Judgment of the General Court (Third Chamber) of 12 December 2012 — Novácke chemické závody v Commission

(Case T-352/09) (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 - Fines - Obligation to state reasons - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Ability to pay)

2013/C 32/22

Language of the case: English

Parties

Applicant: Novácke chemické závody a.s. (Nováky, Slovakia) (represented initially by: A. Černejová, and subsequently by M. Bol’oš and L. Bányaiová, lawyers)

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

Intervener in support of the applicant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

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, cancellation or 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 Novácke chemické závody a.s. to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Slovak Republic to bear its own costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 175/35

Judgment of the General Court of 10 April 2014 — Evropaïki Dynamiki v Commission

(Case T-340/09) (1)

((Public service contracts - Call for tenders by the Publications Office - Assistance in the provision of publishing and communication services in connection with the CORDIS website - Rejection of a tenderer’s offers and decision to award the contracts to other tenderers - Classification of the tenderer’s offer - Obligation to state reasons - Article 148(1) and (3) of the Implementing Rules - Manifest error of assessment - Non-contractual liability))

2014/C 175/45

Language of the case: English

Parties

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

Defendant: European Commission (represented by: represented initially by S. Delaude and N. Bambara, and subsequently by S. Delaude, acting as Agents, assisted by C. Erkelens, lawyer)

Re:

Application, first, for annulment of the decision of the Office for Official Publications of the European Communities, notified to the applicant by letter of 9 June 2009, not to select its tenders submitted in response to call for tender No 10017 (CORDIS) in relation to Lot B, entitled ‘Editorial and publishing services’, and Lot C, entitled ‘Provision of New Digital Information Services’, respectively, and to place its tender, submitted in response to that call for tenders in third position for Lot E, entitled ‘Development and Maintenance of Core Services’, and, second, 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 90% of its own costs and 90% of the costs incurred by the European Commission and orders the Commission to bear 10% of its own costs and 10% of the costs incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis.

(1) OJ C 267, 7. 11. 2009.
EN Official Journal of the European Union C 325/22

Judgment of the General Court of 16 September 2013 — Ecoceane v EMSA

(Case T-518/09) (1)

(Public service contracts - Tendering procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tenderer’s bid - Obligation to state reasons - Equal treatment - Transparency - Manifest error of assessment - Non-contractual liability)

2013/C 325/36

Language of the case: French

Parties

Applicant: Ecoceane (Paris, France) (represented by: S. Spalter, lawyer)

Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck, lawyer)

Re:

Application for (i) annulment of EMSA’s decision of 28 October 2009 rejecting the tender submitted by the applicant in the tendering procedure EMSA/NEG/1/2009, relating to the conclusion of public service contracts for stand-by oil spill recovery vessels (Lot No 2: Atlantic/Channel), and of the decision awarding the contract to another tenderer; and (ii) damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ecoceane to bear its own costs and to pay those incurred by the European Maritime Safety Agency (EMSA).

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 213/24

Judgment of the General Court of 13 May 2015 — Niki Luftfahrt v Commission

(Case T-511/09) (1)

((State aid - Restructuring aid granted by Austria to the Austrian Airlines group - Decision declaring the aid compatible with the common market, subject to compliance with certain conditions - Privatisation of the Austrian Airlines group - Determination of the recipient of the aid - Guidelines for State aid for the rescue and restructuring of undertakings in difficulty))

(2015/C 213/43)

Language of the case: German

Parties

Applicant: Niki Luftfahrt GmbH (Vienna, Austria) (represented by: H. Asenbauer and A. Habeler, lawyers)

Defendant: European Commission (represented initially by: B. Martenczuk and K. Gross, acting as Agents, and G. Quardt, lawyer, and subsequently by: B. Martenczuk and R. Sauer, acting as Agents, and G. Quardt and J. Lipinsky, lawyers)

Interveners in support of the defendant: Republic of Austria (represented by: C. Pesendorfer and M. Klamert, acting as Agents); Deutsche Lufthansa AG (Cologne, Germany) (represented initially by: H.-J. Niemeyer, H. Ehlers and M. Rosenberg and subsequently by: H.-J. Niemeyer, H. Ehlers, C. Kovács and S. Völcker, lawyers); Austrian Airlines AG (Vienna) (represented initially by: H.-J. Niemeyer, H. Ehlers and M. Rosenberg and subsequently by: H.-J. Niemeyer, H. Ehlers, C. Kovács and S. Völcker, lawyers), and Österreichische Industrieholding AG (Vienna) (represented by: T. Zivny, P. Lewisch and H. Kristoferitsch, lawyers)

Re:

Annulment of Commission Decision 2010/137/EC of 28 August 2009, State aid C 6/2009 (ex N 663/2008) — Austria Austrian Airlines — restructuring plan (OJ 2010 L 59, p. 1), declaring the restructuring aid granted by the Republic of Austria to the Austrian Airlines Group in the course of its purchase by the Lufthansa group to be compatible with the common market, subject to compliance with certain conditions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Niki Luftfahrt GmbH to bear its own costs and pay those incurred by the European Commission, Österreichische Industrieholding AG, Deutsche Lufthansa AG and Austrian Airlines AG.

3. Orders the Republic of Austria to bear its own costs.

(1) OJ C 80, 27.3.2010.
Official Journal of the European Union

Judgment of the General Court of 27 November 2014 — Alstom Grid v Commission

(Case T-521/09) (1)

(Competition - Agreements, decisions and concerted practices - Power transformers market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing agreement - 2002 Leniency Notice - Immunity from fines - Legitimate expectations - Duty to state reasons)

(2015/C 016/44)

Language of the case: French

Parties

Applicant: Alstom Grid SAS, formerly Areva T&D SAS (Paris, France) (represented initially by: A. Schild, C. Simphal and E. Estellon, and subsequently by: J. Derenne, A. Müller-Rappard and M. Domecq, lawyers)

Defendant: European Commission (represented initially by: A. Bouquet, N. von Lingen and K. Mojzesowicz, and subsequently by: A. Bouquet, K. Mojzesowicz and P. van Nuffel, acting as Agents)

Re

Action for annulment of Commission Decision C(2009) 7601 final, of 7 October 2009, relating to a proceeding pursuant to Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.129 — Power transformers).

Operative part of the judgment:

The Court:

1) Dismisses the action;

2) Orders Alstom Grid SAS to pay the costs.

(1) OJ 2010 C 51, 27.2.2010.
EN Official Journal of the European Union C 319/17

Judgment of the General Court of 20 September 2011 — Meica v OHIM — TofuTown.com (TOFUKING)

(Case T-99/10) (1)

(Community trade mark - Opposition procedure - Application for the Community trade mark TOFUKING - 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)

2011/C 319/35

Language of the case: German

Parties

Applicant: Meica Ammerländische 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: G. Schneider, agent)

Other party to the proceedings before the Board of Appeal of OHIM: TofuTown.com GmbH (Wiesbaum, Germany) (represented by: B. Krause and F. Cordt, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 63/2009-4) concerning opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co KG and TofuTown.com 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 7 January 2010 (Case R 63/2009-4);

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

3. Orders TofuTown.com GmbH to bear its own costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 204/22

Judgment of the General Court of 24 May 2011 — Longevity Health Products v OHIM — Tecnifar (E-PLEX)

(Case T-161/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark E-PLEX - Earlier national word mark EPILEX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 204/40

Language of the case: English

Parties

Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tecnifar — Industria Tecnica Farmaceutica, SA (Lisbon, Portugal)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009-4), relating to opposition proceedings between Tecnifar — Industria Tecnica Farmaceutica, SA and Longevity Health Products, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Longevity Health Products, Inc. to pay the costs.

(1) OJ C 148, 5.6.2010.
EN Official Journal of the European Union C 355/18

Judgment of the General Court of 20 October 2011 — Scatizza v OHIM — Jacinto (Horse Couture)

(Case T-238/10) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 355/32

Language of the case: English

Parties

Applicant: Stephanie Scatizza (Breganzona, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Manuel Jacinto, Lda (São Paio de Oleiros, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009-2) relating to opposition proceedings between Manuel Jacinto, Lda and Stephanie Scatizza.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Stephanie Scatizza to pay the costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 340/19

Judgment of the General Court of 5 October 2011 — Cooperativa Vitivinícola Arousana v OHIM — Sotelo Ares (ROSALIA DE CASTRO)

(Case T-421/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ROSALIA DE CASTRO - Earlier national word mark ROSALIA - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Assessment of the conceptual similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 340/39

Language of the case: Spanish

Parties

Applicant: Cooperativa Vitivinícola Arousana, S. Coop. Galega (Meaño, Spain) (represented by: E. Sánchez-Quiñones González, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: María Constantina Sotelo Ares (Cambados, Spain) (represented by: C. Lema Devesa, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 (Case R 1804/2008-4), relating to opposition proceedings between María Constantina Sotelo Ares and Cooperativa Vitivinícola Arousana, S. Coop. Galega.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Cooperativa Vitivinícola Arousana, S. Coop. Galega to pay the costs.

(1) OJ C 301, 6.11.2010.
Judgment of the General Court of 7 December 2011 — HTTS v Council

(Case T-562/10) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state the reasons on which the decision is based - Procedure by default - Application to intervene - No need to adjudicate)

(2012/C 25/96)

Language of the case: German

Parties

Applicant: HTTS (Hamburg, Germany) (represented by: J. Kienzle and M. Schlingmann, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and Z. Kupčová, Agents)

Re:

Partial annulment of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), in so far as the applicant’s name was included on the list of persons, entities and bodies whose funds and economic resources are to be frozen.

Operative part of the judgment

The Court:

1. Decides that there is no longer any need to adjudicate on the applications to intervene submitted by the European Commission and the Federal Republic of Germany;

2. Annuls Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 in so far as it concerns HTTS Hanseatic Trade Trust & Shipping GmbH;

3. Maintains the effects of Regulation No 961/2010 in so far as it concerns the applicant for a period of no more than two months from the date of delivery of this judgment;

4. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by HTTS Hanseatic Trade Trust & Shipping.

(1) OJ C 46, 12.2.2011.
EN Official Journal of the European Union C 6/13

Judgment of the General Court (Sixth Chamber) of 15 November 2011 — CTG Luxembourg PSF v Court of Justice

(Joined Cases T-170/10 and T-340/10) (1)

(Public service contracts - Procurement procedure - Provision of support services to IT systems users - Rejection of a tenderer’s bid because it was lodged out of time - Award of contract to another tenderer - Action for annulment - Non-contractual liability)

2012/C 6/21

Language of the case: French

Parties

Applicant: Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) (Bertrange, Luxembourg) (represented by: M. Thewes and B. Marthoz, lawyers)

Defendant: Court of Justice of the European Union (represented by: A. Placco, Agent)

Re:

Applications (i) for annulment, first, of decision of the Court of Justice of 9 February 2010 to reject the tender submitted by the consortium of which the applicant is a member in the context of procurement procedure reference AO 008/2009 entitled ‘1st and 2nd level support for the users of IT and telephone systems, call centre, end user hardware management’ and, secondly, of the decision of 5 March 2010 confirming the rejection and, thirdly, the decision to award the contract to another tenderer, and (ii) for compensation for the loss allegedly incurred by the applicant as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the applications;

2. Orders Computer Task Group Luxembourg PSF SA (CTG Luxembourg PSF) to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 80/17

Judgment of the General Court of 2 February 2012 — Goutier v OHIM — Euro Data (ARANTAX)

(Case T-387/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ARANTAX - Earlier national word mark ANTAX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)

2012/C 80/27

Language of the case: German

Parties

Applicant: Klaus Goutier (Frankfurt-am-Main, Germany) (represented by: E. Happe, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Euro Data GmbH & Co. KG, Datenverarbeitungsdienst (Saarbrucken, Germany) (represented by: D. Wagner, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2010 (Case R 126/2009-4) concerning opposition proceedings between Euro Data GmbH & Co. KG, Datenverarbeitungsdienst and Mr Klaus Goutier.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Klaus Goutier to pay the costs.

(1) OJ C 301, 6.11.2010.