ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 34/24

Judgment of the General Court of 9 December 2014 — Ferriere Nord v Commission

(Case T-90/10) (1)

((Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices and payment terms - Limiting or controlling output or sales - Infringement of essential procedural requirements - Competence of the Commission - Rights of the defence - Finding of an infringement - Fines - Repeated infringements - Extenuating circumstances - Cooperation - Full jurisdiction))

(2015/C 034/27)

Language of the case: Italian

Parties

Applicant: Ferriere Nord SpA (Osoppo, Italy) (represented by: W. Viscardini and G. Donà, lawyers)

Defendant: European Commission (represented initially by R. Sauer and B. Gencarelli, and subsequently by M. Sauer and R. Striani, acting as Agents, assisted by M. Moretto, lawyer)

Re:

Primarily, application for annulment of Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 [CS] (Case COMP/37.956 — Reinforcing bars, readoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, and in the alternative application for partial annulment of that decision and application for a reduction in the amount of the fine imposed on the applicant

Operative part of the judgment

The Court:

1. Fixes the amount of the fine imposed on Ferriere Nord SpA at EUR 3 4 21 440;

2. Dismisses the action as to the remainder;

3. Orders Ferriere Nord to bear its own costs and to pay three-quarters of the costs incurred by the European Commission; orders the Commission to bear one-quarter of its own costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 302/40

Judgment of the General Court of 15 July 2015 — HIT Groep v Commission

(Case T-436/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Rules on imputing a subsidiary’s anti-competitive practices to its parent company - Presumption of the actual exercise of a decisive influence - Reasonable time))

(2015/C 302/50)

Language of the case: Dutch

Parties

Applicant: HIT Groep BV (Haarlem, Netherlands) (represented initially by G. van der Wal, G. Oosterhuis and H. Albers, and subsequently by G. van der Wal and G. Oosterhuis, lawyers)

Defendant: European Commission (represented by: P. Van Nuffel, S. Noë and V. Bottka, Agents)

Re:

Application for annulment of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders HIT Groep BV to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 221/6

Judgment of the General Court of 20 May 2015 — Timab Industries and CFPR v Commission

(Case T-456/10) (1)

((Competition - Agreements, decisions and concerted practices - European market for animal feed phosphates - Decision finding an infringement of Article 101 TFEU - Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information - Applicant’s withdrawal from the settlement procedure - Fines - Obligation to state reasons - Gravity and duration of the infringement - Cooperation - Failure to apply the likely range of fines indicated during the settlement procedure))

(2015/C 221/08)

Language of the case: French

Parties

Applicants: Timab Industries (Dinard, France); and Cie financière et de participations Roullier (CFPR) (Saint-Malo, France) (represented by: N. Lenoir and M. Truffier, lawyers)

Defendant: European Commission (represented by: C. Giolito, B. Mongin and F. Ronkes Agerbeek, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 5001 final of 20 July 2010 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/38866 — Animal feed phosphates), and, in the alternative, for reduction of the fine imposed on the applicants in that decision.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Timab Industries and Cie financière et de participations Roullier (CFPR) to pay the costs.

(1) OJ C 346, 18.12.2010.
Judgment of the General Court of 18 November 2020– H v Council

(Case T-271/10 RENV II) (1)

(Common foreign and security policy - National staff member on secondment to the EUPM in Bosnia and Herzegovina - Redeployment decision - Misuse of powers - Interests of the service - Psychological harassment - Punitive nature of the redeployment - Liability - Non-material damage)

(2021/C 28/54)

Language of the case: English

Parties

Applicant: H (represented by: L. Levi, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and A. de Elera-San Miguel Hurtado, acting as Agents)

Re:

Action, first, on the basis of Article 263 TFEU for annulment of (i) the decision of 7 April 2010, signed by the Chief of Personnel of the European Union Police Mission (EUPM) in Bosnia and Herzegovina, by which the applicant was redeployed to the post of Criminal Justice Advisor — Prosecutor at the regional office in Banja Luka (Bosnia and Herzegovina) and (ii) of the decision of 30 April 2010, signed by the Head of EUPM referred to in Article 6 of Council Decision 2009/906/CFSP of 8 December 2009 on the EUPM in Bosnia and Herzegovina (OJ 2009 L 322, p. 22), indicating the operational reason for her redeployment and, second, an action on the basis of Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Annuls the decision of 7 April 2010, signed by the Chief of Personnel of the European Union Police Mission (EUPM) in Bosnia Herzegovina, by which H was redeployed to the post of Criminal Justice Adviser — Prosecutor in the regional office of Banja Luka (Bosnia and Herzegovina), and the decision of 30 April 2010, signed by the Head of the EUPM, referred to in Article 6 of Council Decision 2009/906/CFSP, of 8 December 2009 on the EUPM in Bosnia and Herzegovina, indicating the operational reason for her redeployment;

2. Orders the Council of the European Union to pay H the sum of EUR 30 000;

3. Dismisses the action as to the remainder;

4. Orders the Council to bear its own costs and the costs incurred by H in the present case and in Cases T-271/10, T-271/10 R, T-271/10 RENV, C-455/14 P and C-413/18 P.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 410/10

Judgment of the General Court of 28 September 2016 — Klein v Commission

(Case T-309/10 RENV) (1)

((Non-contractual liability - Directive 93/42/EEC - Harmonised system for the safety and health protection of patients, users and, where appropriate, other persons, with regard to the use of medical devices - Article 8 - Notification of a decision prohibiting placing on the market - No position adopted by the Commission - Article 18 - Wrongful CE marking - Harm - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link))

(2016/C 410/11)

Language of the case: German

Parties

Applicant: Christoph Klein (Großgmain, Austria) (represented initially by: H.-J. Ahlt and M. Ahlt, and subsequently by: H.-J. Ahlt, lawyers)

Defendant: Commission (represented by: A. Sipos and G. von Rintelen, acting as Agents, and C. Winkler, lawyer)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)

Re:

Application on the basis of Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant as a result of the breach by the Commission of its obligations under Article 8 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Christoph Klein, the European Commission and the Federal Republic of Germany to bear their own costs.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 184/12

Judgment of the General Court of 8 May 2012 — Mizuno v OHIM — Golfino (G)

(Case T-101/11) (1)

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

2012/C 184/20

Language of the case: German

Parties

Applicant: Mizuno KK (Osaka, Japan) (represented by: T. Raab and H.R. Lauf, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Golfino AG (Glinde, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1), relating to opposition proceedings between Golfino AG and Mizuno KK

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mizuno KK to pay the costs.

(1) OJ C 120, 16.4.2011.
1.

Sets aside the judgment of the Civil Service Tribunal of 28 October 2010 in Case F-9/09 Vicente Carbajosa and Others v Commission in so far as it annuls the decisions of the European Personnel Selection Office (EPSO) not to admit Ms Isabel Vicente Carbajosa in respect of the competition EPSO/AD/117/08 and Ms Niina Lehtinen and Ms Myriam Menchén in respect of the competition EPSO/AD/116/08 onto the list of candidates invited to submit a full application.
EN Official Journal of the European Union C 258/20

Judgment of the General Court of 12 July 2012 — Guccio Gucci v OHIM — Chang Qing Qing (GUDDY)

(Case T-389/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark GUDDY - Earlier Community word mark GUCCI - Relative ground for refusal - Likelihood of confusion - Highly distinctive character of the earlier mark by reason of the public’s recognition of that mark - Evidence - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2012/C 258/37

Language of the case: English

Parties

Applicant: Guccio Gucci SpA (Florence, Italy) (represented by: F. Jacobacci, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Chang Qing Qing (Florence)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 143/2010-1), relating to opposition proceedings between Guccio Gucci SpA and Mr Chang Qing Qing

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 14 April 2011 (Case R 143/2010-1) so far as it concerns, first, the goods in Class 9 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended, and, secondly, the precious stones and precious metals in Class 14 of that agreement;

2. Orders OHIM to pay the costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 200/15

Judgment of the General Court of 22 May 2012 — Kraft Foods Global Brands v OHIM — fenaco (SUISSE PREMIUM)

(Case T-60/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SUISSE PREMIUM - Earlier Community figurative mark Premium - Absolute ground for refusal - No likelihood of confusion - Opposition rejected - Article8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/29

Language of the case: German

Parties

Applicant: Kraft Foods Global Brands LLC (Northfield, Illinois, United States) (represented by: M. de Justo Bailey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: fenaco Genossenschaft (Bern, Switzerland) (represented by: P. Koch Moreno, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2010 (Case R 522/2010-1) concerning opposition proceedings between Kraft Foods Global Brands LLC and fenaco Genossenschaft.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kraft Foods Global Brands LLC to pay the costs.

(1) OJ C 103, 2.4.2011.
EN Official Journal of the European Union C 379/23

Judgment of the General Court of 25 October 2012 — Automobili Lamborghini v OHIM — Miura Martínez (Miura)

(Case T-191/11) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark Miura - Earlier national word and figurative marks MIURA - Rights of the defence - Right to be heard - Article 75 of Regulation (EC) No 207/2009 - Notification by ordinary mail - Rule 62(1) and (5) of Regulation (EC) No 2868/95)

2012/C 379/39

Language of the case: German

Parties

Applicant: Automobili Lamborghini Holding SpA (Sant’ Agata Bolognese, Italy) (represented by: P. Kather, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka, agents)

Other parties to the proceedings before the Board of Appeal of OHIM: Eduardo Miura Martínez and Antonio José Miura Martínez (Seville, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2011 (Case R 161/2010-4) relating to opposition proceedings between Eduardo Miura Martínez and Antonio José Miura Martínez and Automobili Lamborghini Holding SpA.

Operative part of the judgment

The General 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 21 January 2011 (Case R 161/2010 4);

2. Orders the Commission to pay the costs.

(1) OJ C 160, 28.5.2011.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit)

(Case T-220/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark f@ir Credit - Earlier Community figurative mark FERCREDIT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2012/C 331/39)

Language of the case: German

Parties

Applicant: TeamBank AG Nürnberg (Nuremberg, Germany) (represented by: T. Kiphuth, H. Lindner and D. Terheggen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Fercredit Servizi Finanziari SpA (Rome, Italy) (represented by: G. Petrocchi, A. Masetti Zannini de Concina and R. Cartella, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg.

Operative part of the judgment

The Court rules:

1. The action is dismissed.

2. TeamBank AG Nürnberg is ordered to pay the costs.

(1) OJ C 194, 2.7.2011.
EN Official Journal of the European Union C 38/19

Judgment of the General Court of 13 December 2012 — Commission v Strack

(Joined Cases T-197/11 P and T-198/11 P) (1)

(Appeal - Civil Service - Officials - Access to documents - Articles 26 and 26a of the Staff Regulations - Regulation (EC) No 1049/2001 - Jurisdiction of the Civil Service Tribunal - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)

2013/C 38/32

Language of the case: German

Parties

Appellant: European Commission (represented by: P. Costa de Oliveira and B. Eggers, Agents)

Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Re:

Two appeals brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Joins Cases T-197/11 P and T-198/11 P for the purposes of the present judgment;

2. Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-121/07 Strack v Commission (2011) ECR I-A-1-0000 and II-A-1-0000 in so far as that Tribunal considered itself to have jurisdiction to hear and determine an action for annulment against a decision adopted under Regulation No 1049/2001;

3. Dismisses the appeal in Case T-198/11 P;

4. Orders Mr Guido Strack to bear his own costs in Cases T-197/11 P and T-198/11 P and pay the costs incurred by the European Commission in Case T-198/11 P;

5. Orders the Commission to bear its own costs in Case T-197/11 P;

6. Orders Mr Strack to pay the Civil Service Tribunal EUR 2 000 in order to reimburse part of the costs which that latter had to incur.

(1) OJ C 186, 25.6.2011.
EN Official Journal of the European Union C 9/35

Judgment of the General Court of (Third Chamber) of 21 November 2012 –Spain v Commission

(Case T-76/11) (1)

(Fisheries - Measures for the conservation of living aquatic resources - Article 105 of Regulation (EC) No 1224/2009 - Deductions from quotas allocated for a given year on account of overfishing in previous years - Temporal application - Legal certainty - Interpretation guaranteeing compliance with primary law - Principle that penalties must have a proper legal basis - Non-retroactivity)

2013/C 9/61

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, abogado del Estado)

Defendant: European Commission (represented by: by F. Jimeno Fernández and D. Nardi, Agents)

Re:

Annulment of Commission Regulation (EU) No 1004/2010 of 8 November 2010 of operating deductions from certain fishing quotas for 2010 on account of overfishing in the previous year (OJ 2010 L 291, p. 31)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 108/24

Judgment of the General Court of 20 February 2013 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)

(Case T-631/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark B BERG - Earlier Community word mark Christian Berg - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 108/63

Language of the case: German

Parties

Applicant: Caventa AG (Rekingen, Switzerland) (represented initially by: J. Krenzel, then by T. Stein and A. Segler, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anson's Herrenhaus KG (Düsseldorf, Germany) (represented by: O Löffel and P. Lange, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 2014/2010-1), relating to opposition proceedings between Anson’s Herrenhaus KG and Caventa AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Caventa AG to pay the costs.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 63/18

Judgment of the General Court of 17 January 2013 — Gollnisch v Parliament

(Joined Cases T-346/11 and T-347/11) (1)

(Privileges and immunities - Member of the European Parliament - Decision to waive immunity - Activity unconnected with the duties of a Member of the European Parliament - Procedure for waiving immunity - Decision not to defend the privileges and immunities - No longer any interest in bringing proceedings - No need to adjudicate)

2013/C 63/36

Language of the cases: French

Parties

Applicant: Bruno Gollnisch (Limonest, France) (represented by: G. Dubois, lawyer)

Defendant: European Parliament (represented by: R. Passos, D. Moore and K. Zejdová, acting as Agents)

Re:

First, action for annulment of a decision adopted by the European Parliament on 10 May 2011 to waive the immunity of the applicant, and application for compensation for the non-material damage suffered by the applicant in connection therewith and, second, action for annulment of the decision not to defend the immunity of the applicant, adopted by the European Parliament on 10 May 2011, and application for compensation for the non-material damage suffered by the applicant in connection therewith.

Operative part of the judgment

The Court:

1. dismisses the action for annulment and the application for compensation in Case T-346/11;

2. rules that there is no longer any need to adjudicate on the action for annulment in Case T-347/11;

3. dismisses the application for compensation in Case T-347/11;

4. orders Bruno Gollnisch to pay the costs, including those relating to the applications for interim measures in Cases T-346/11 and T-347/11.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 108/23

Judgment of the General Court of 20 February 2013 — Langguth Erben v OHIM (MEDINET)

(Case T-378/11) (1)

(Community trade mark - Application for the Community figurative mark MEDINET - Earlier national and international figurative marks MEDINET - Claim of seniority of the earlier national and international marks - Earlier marks in colour and Community trade mark applied for not designating any specific colour - Signs not identical - Article 34 of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation (EC) No 207/2009 - Expediency of oral proceedings - Article 77 of Regulation (EC) No 207/2009)

2013/C 108/60

Language of the case: German

Parties

Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 May 2011 (Case R 1598/2010-4) relating to a claim of seniority of earlier marks in an application for registration of the figurative sign MEDINET as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to pay the costs.

(1) OJ C 269, 10.9.2011.