ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 113/39

Judgment of the General Court of 18 March 2010 — Grupo Promer Mon Graphic v OHIM — PepsiCo (Representation of a circular promotional item)

(Case T-9/07) (1)

(Community design - Invalidity proceedings - Registered Community design representing a circular promotional item - Prior design - Ground for invalidity - Conflict - No different overall impression - Meaning of ‘conflict’ - Product at issue - Degree of freedom of the designer - Informed user - Article 10 and Article 25(1)(d) of Regulation (EC) No 6/2002)

2010/C 113/61

Language of the case: English

Parties

Applicant: Grupo Promer Mon Graphic SA (Sabadell, Spain) (represented by: R. Almaraz Palmero, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: PepsiCo Inc. (New York, United States) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 27 October 2006 (Case R 1001/2005-3) relating to invalidity proceedings between Grupo Promer Mon Graphic SA and PepsiCo Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 October 2006 (Case R 1001/2005-3);

2. Orders OHIM and PepsiCo Inc. to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic SA in the proceedings before the General Court;

3. Orders OHIM and PepsiCo to bear their own costs and to pay those incurred by Grupo Promer Mon Graphic in the proceedings before the Board of Appeal.

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 51/30

Judgment of the General Court (Eighth Chamber) of 20 January 2010 — Sungro and Others v Council and Commission

(Joined Cases T-252/07, 271/07, 272/07) (1)

(Non-contractual liability - Common agricultural policy - Amendment of the Community support scheme for cotton - Chapter 10a of Title IV of Regulation (EC) No 1782/2003, inserted by Article 1(20) of Regulation (EC) No 864/2004 - Annulment of the provisions in question by a judgment of the Court - Causal link)

2010/C 51/58

Language of the case: Spanish

Parties

Applicants: Sungro, SA (Córdoba, Spain) (T-252/07); Eurosemillas, SA (Córdoba, Spain) (T-271/07); and Surcotton, SA (Córdoba, Spain) (T-272/07) (represented by: L. Ortiz Blanco, lawyer)

Defendants: Council of the European Union, (represented by: M. Moore, A. De Gregorio Merino and A. Westerhof Löfflerova, Agents); and European Commission (represented by: L. Parpala and F. Jimeno Fernández, Agents, assisted by E. Díaz-Bastien Lopez, L. Divar Bilbao and J. Magdalena Anda, lawyers)

Re:

Actions for compensation, under Article 235 EC and the second paragraph of Article 288 EC, for losses allegedly suffered by the applicants as a result of the adoption and application, during the 2006/07 marketing campaign, of Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1), as inserted by Article 1(20) of Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation No 1782/2003 and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (OJ 2004 L 161, p. 48), and annulled by the Court’s judgment in Case C-310/04 Spain v Council [2006] ECR I-7285

Operative part of the judgment

The Court:

1. Joins Cases T-252/07, T-271/07 and T-272/07 for the purposes of judgment;

2. Dismisses the actions;

3. Orders Sungro, SA, Eurosemillas, SA, and Surcotton, SA to bear their own costs and to pay, jointly and severally, those incurred by the Council of the European Union and by the European Commission.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 30/33

Judgment of the General Court of 7 December 2010 — Frucona Košice v Commission

(Case T-11/07) (1)

(State aid - Partial remission of a tax debt in the context of an arrangement - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Test of a private creditor in a market economy)

2011/C 30/57

Language of the case: English

Parties

Applicant: Frucona Košice a.s. (Košice, Slovakia) (represented by: B. Hartnett, Barrister, and O.H. Geiss and A. Barger, lawyers)

Defendant: European Commission (represented by: B. Martenczuk and K. Walkerová, Agents)

Intervener in support of the defendant: St. Nicolaus-trade a.s. (Bratislava, Slovakia) (represented by N. Smaho, lawyer)

Re:

ACTION for annulment of Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/05 (ex NN 21/05) implemented by the Slovak Republic for Frucona Košice a.s. (OJ 2007 L 112, p. 14).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Frucona Košice a.s. to pay the costs.

(1) OJ C 56, 10.3.2007.
Judgment of the General Court of 9 September 2010 — Al-Aqsa v Council

(Case T-348/07) (1)

(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Freezing of funds - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Action for annulment - Adaptation of heads of claim - Judicial review - Conditions for implementation of a European Union measure freezing funds)

(2010/C 288/61)

Language of the case: Dutch

Parties

Applicant: Stichting Al-Aqsa (Heerlen (Netherlands) (represented by: J. Pauw, G. Pulles, A.M. van Eik and M. Uiterwaal, lawyers)

Defendant: Council of the European Union (represented by: E. Finnegan, G.-J. Van Hegelsom and B. Driessen, Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: C.M. Wissels, M. de Mol and Y. de Vries, Agents); and European Commission, (represented by: P. van Nuffel and S. Boelaert, Agents)

Re:

Application, originally, in essence, for annulment of Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58), in so far as that act concerns the applicant

Operative part of the judgment

The Court:

1. Annuls Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC; Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445; Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/868; Council Decision 2009/62/EC of 26 January 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2008/583; and Council Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2009/62, in so far as those acts concern Stitching Al-Aqsa;

2. Dismisses the application as to the remainder;

3. Orders the Council of the European Union to bear, in addition to its own costs, the costs of Stichting Al-Aqsa;

4. Orders the Kingdom of the Netherlands and the European Commission to bear their own costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 226/23

Judgment of the General Court of 16 June 2011 — Bavaria v European Commission

(Case T-235/07) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands beer market - Decision finding an infringement of Article 81 EC - Proof of the infringement - Access to the file - Fines - Principle of equal treatment - Reasonable period)

2011/C 226/45

Language of the case: Dutch

Parties

Applicant: Bavaria NV (Lieshout, Netherlands) (represented initially by O. Brouwer, D. Mes, A. Stoffer, and subsequently by O. Brouwer, A. Steffens and P. Schepens, lawyers)

Defendant: European Commission (represented initially by A. Bouquet, S. Noë and A Nijenhuis, and subsequently by A. Bouquet and S. Noë, acting as Agents, and M. Slotboom, lawyer)

Re:

Application for partial annulment of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Netherlands beer market) and, in the alternative, for reduction of the fine imposed on the applicant

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766) in so far as the European Commission found in it that Bavaria NV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual customers in the on-trade segment in the Netherlands;

2. Sets the amount of the fine imposed on Bavaria in Article 3(c) of Decision C(2007) 1697 at EUR 20 712 375;

3. Dismisses the remainder of the action;

4. Orders Bavaria to pay two-thirds of its own costs and of those of the European Commission;

5. Orders the Commission to pay one third of its own costs and of those of the European Commission.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 113/10

Judgment of the General Court of 3 March 2011 — Siemens v Commission

(Case T-110/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market sharing - Effects within the common market - Concept of continuous infringement - Duration of the infringement - Limitation period - Fines - Proportionality - Aggravating circumstances - Role of leader - Mitigating circumstances - Cooperation)

2011/C 113/19

Language of the case: German

Parties

Applicant: Siemens (Berlin and Munich, Germany) (represented: initially by I. Brinker, T. Loest and C. Steinle, and subsequently by I. Brinker and C. Steinle, lawyers)

Defendant: European Commission (represented: initially by F. Arbault and O. Weber, and subsequently by X. Lewis and R. Sauer, and lastly by R. Sauer and A. Antoniadis, Agents)

Re:

Partial annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) and, in the alternative, a reduction in the amount of fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Siemens to pay the costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 311/33

Judgment of the General Court of 15 September 2011 — Koninklijke Grolsch v Commission

(Case T-234/07) (1)

(Competition - Agreements, decisions and concerted practices - Dutch beer market - Decision finding a single and continuous infringement of Article 81 EC - Applicant found to have participated in the infringement - Insufficient evidence - No proper statement of reasons)

2011/C 311/57

Language of the case: Dutch

Parties

Applicant: Koninklijke Grolsch NV (Enschede, Netherlands) (represented by: M. Biesheuvel and J. de Pree, lawyers)

Defendant: European Commission (represented by: initially, A. Bouquet, S. Noë and A. Nijenhuis, Agents, and, subsequently, A. Bouquet and S Noë, assisted by M. Slotboom, lawyer)

Re:

Application for annulment of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case No COMP/B-2/37.766 — Dutch beer market) in so far as it concerns the applicant and, in the alternative, application for annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case No COMP/B-2/37.766 –Dutch beer market) in so far as it concerns Koninklijke Grolsch NV;

2. Orders the European Commission to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 269/43

Judgment of the General Court of 13 July 2011 — Polimeri Europa v Commission

(Case T-59/07) (1)

(Competition - Agreements, decisions and concerted practices - Market in butadiene rubber and emulsion styrene butadiene rubber - Decision finding an infringement of Article 81 EC - Imputability of the offending conduct - Single infringement - Proof of the existence of the cartel - Fines - Gravity and duration of the infringement - Aggravating circumstances)

2011/C 269/95

Language of the case: Italian

Parties

Applicant: Polimeri Europa SpA (Brindisi, Italy) (represented by: M. Siragusa and F. Moretti, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and V. Bottka, Agents)

Re:

Application for annulment of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) or, in the alternative, annulment or reduction of the fine imposed on Polimeri Europa SpA.

Operative part of the judgment

The Court:

1. Annuls Article 2(c) of Commission Decision C(2006) 5700 final of 29 November 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.638 — Butadiene Rubber and Emulsion Styrene Butadiene Rubber) in so far as it sets the amount of the fine imposed on Polimeri Europa SpA at EUR 272,25 million;

2. Sets the amount of the fine imposed on Polimeri Europa at EUR 181,5 million;

3. Dismisses the action as to the remainder;

4. Orders the parties to bear their own costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 243/12

Judgment of the General Court of 27 June 2012 — Berning & Söhne v Commission

(Case T-445/07) (1)

(Competition - Agreements and concerted practices - Markets in zip fasteners and ‘other fasteners’ and attaching machines - Decision finding an infringement of Article 81 EC - Coordinated price increases, fixing of minimum prices, sharing of customers and of markets and exchange of other business information - Proof - Rights of the defence - Single and continuing infringement - Time-bar - Fines - Duration and gravity of the infringement - Mitigating circumstances - Equal treatment - Proportionality)

2012/C 243/21

Language of the case: German

Parties

Applicant: Berning & Söhne GmbH & Co. KG (Wuppertal, Germany) (represented by: P. Niggemann and K. Gaßner, lawyers)

Defendant: European Commission (represented by: K. Mojzesowicz and R. Sauer, agents)

Re:

Application for annulment of Commission Decision C(2007) 4257 final of 19 September 2007 relating to a proceeding under Article 81 [EC] (Case COMP/39.168 — PO/Hard Haberdashery: Fasteners) or, in the alternative, reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Berning & Söhne GmbH & Co. KG to pay the costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 58/7

Judgment of the General Court (Seventh Chamber) of 17 January 2012 — Italy v Commission

(Case T-135/07) (1)

(Health policy - Avian influenza - Italian market in poultrymeat - Request of the Italian authorities to adopt exceptional measures to support the market - Commission decision rejecting that request)

2012/C 58/10

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aieelo, G. Palmieri, lawyers, and by M. Moretto, lawyer)

Defendant: European Commission (represented by: C. Cattabriga, Agent)

Re:

Application for annulment of the Commission’s decision of 7 February 2007 rejecting the request of the Italian authorities to adopt exceptional measures to support the Italian market in poultrymeat within the meaning of Article 14 of Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat (OJ 1975 L 282, p. 77).

Operative part of the judgment

The Court:

1. Annuls the Commission’s decision of 7 February 2007 rejecting the request of the Italian authorities to adopt exceptional measures to support the Italian market in poultrymeat within the meaning of Article 14 of Regulation (EEC) No 2777/75 of the Council of 29 October 1975 on the common organisation of the market in poultrymeat;

2. Orders the European Commission to pay the costs.

(1) OJ C 140, 23.6.2007.
Judgment of the General Court of 2 October 2014 — Evropaïki Dynamiki v Commission

(Case T-340/07 RENV) (1)

((Arbitration clause - Contract relating to Community financial support for a project in the framework of the ‘eContent’ programme - Termination of the contract by the Commission - Reimbursement of eligible costs))

(2014/C 395/35)

Language of the case: English

Parties

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

Defendant: European Commission (represented initially by: E. Manhaeve and M. Wilderspin, then by M. Wilderspin, S. Delaude and L. Cappeletti and lastly by S. Delaude and L. Cappeletti, acting as Agents, and by D. Philippe and M. Gouden, lawyers)

Re:

Action on the basis of an arbitration clause, seeking an order that the Commission pay (i) the sums allegedly due to the applicant and (ii) damages, following termination of a contract relating to Community financial support for the project ‘e Content Exposure and Business Opportunities’ (Contract No EDC-53007 EEBO/27873), concluded in the framework of the multiannual Community programme to stimulate the development and use of European digital content on the global networks and to promote linguistic diversity in the information society.

Operative part of the judgment

The Court:

1. Orders the European Commission to pay Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE the sum of EUR 8 843,10;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay 5 % of its own costs and 5 % of the costs of Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis, and the latter to pay 95 % of its own costs and 95 % of the Commission’s costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 252/28

Judgment of the General Court of 11 July 2013 — Philips Lighting Poland and Philips Lighting v Council

(Case T-469/07) (1)

(Dumping - Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines - Expiry of anti-dumping measures - Review - Articles 4(1), 5(4) and 9(1) of Regulation (EC) No 384/96 (now Articles 4(1), 5(4), and 9(1) of Regulation (EC) No 1225/2009) - Concept of Community industry - Determination of injury - Obligation to state the reasons)

2013/C 252/44

Language of the case: English

Parties

Applicants: Philips Lighting Poland S.A. (Piła, Poland), and Philips Lighting BV (Eindhoven, Netherlands) (represented by: L. Catrain González, lawyer, and E. Wright, Barrister)

Defendant: Council of the European Union (represented by: initially J.-P. Hix, Agent, and by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, Agents, and by G. Berrisch)

Interveners in support of the applicants: Hangzhou Duralamp Electronics Co., Ltd, (Hangzhou, China) (represented by: M. Gambardella and V. Villante, lawyers), and GE Hungary Ipari és Kereskedelmi Zrt. (GE Hungary Zrt) (Budapest, Hungary) (represented by: P. De Baere, lawyer)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and K. Talabér Ritz, Agents), and Osram GmbH (Munich, Germany) (represented by: R. Bierwagen, lawyer)

Re:

Application for the annulment of Council Regulation (EC) No 1205/2007 of 15 October 2007 imposing anti-dumping duties on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and extending to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines (OJ 2007 L 272, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Philips Lighting Poland S.A. and Philips Lighting BV to bear their own costs, to pay the costs of the Council of the European Union, with the exception of those incurred by it in connection with the interventions of Hangzhou Duralamp Electronics Co., Ltd and GE Hungary Ipari és Kereskedelmi Zrt (GE Hungary Zrt), and to pay the costs of Osram GmbH;

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

4. Orders Hangzhou Duralamp Electronics and GE Hungary to bear their own costs and to pay those incurred by the Council in connection with their interventions.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 153/38

Judgment of the Court of First Instance of 13 May 2009 — Aurelia Finance v OHIM (AURELIA)

(Case T-136/08) (1)

(Community trade mark - Community word mark AURELIA - Failure to pay renewal fee - Removal of trade mark from register on expiry of registration - Application for restitutio in integrum)

2009/C 153/72

Language of the case: English

Parties

Applicant: Aurelia Finance SA (Geneva, Switzerland) (represented by M. Elmslie, Solicitor, and N. Saunders, Barrister)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 January 2008 (Case R 1214/2007-1), concerning the application for restitutio in integrum lodged by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Aurelia Finance SA to pay the costs.

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 282/43

Judgment of the Court of First Instance of 5 October 2009 — Commission v Roodhuijzen

(Case T-58/08 P) (1)

(Appeal - Staff case - Officials - Social security - Joint Sickness Insurance Scheme - Insurance cover for the unmarried partner of an official)

2009/C 282/80

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Currall and D. Martin, Agents)

Other party to the proceedings: Anton Pieter Roodhuijzen (Luxembourg, Luxembourg) (represented by: É. Boigelot, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 27 November 2007 in Case F-122/06 Roodhuijzen v Commission, not yet published in the ECR, seeking annulment of that judgment.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to bear its own costs and to pay those incurred by Mr Anton Pieter Roodhuijzen in connection with the present instance.

(1) OJ C 92, 12.4.2008.