ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 80/23

Judgment of the General Court of 9 February 2010 — Evropaïki Dynamiki v Commission

(Case T-340/07) (1)

(Arbitration clause - ‘eContent’ programme - Contract relating to a project designed to ensure maximum effectiveness of the programme and the widest possible participation of target groups - Non-performance of the contract - Termination of the contract)

2010/C 80/39

Language of the case: English

Parties

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

Defendant: European Commission (represented by: E. Manhaeve, Agent, assisted by D. Philippe and M. Gouden, lawyers)

Re:

Action brought under Articles 235 EC, 238 EC and 288 EC for an order that the Commission make good damage suffered as a result of its failure to comply with contractual obligations in the context of the performance of the EDC-53007 EEBO/27873 contract relating to the project entitled ‘e-Content Exposure and Business Opportunities’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 89/14

Judgment of the General Court of 3 February 2011 — Italy v Commission

(Case T-205/07) (1)

(Rules on the use of languages - Publication on EPSO’s website of a Call for expressions of interest to constitute a database of candidates to be recruited as contractual agents - Publication in three official languages - Articles 12 EC and 290 EC - Article 82 of the Conditions of Employment of other Servants - Regulation No 1)

2011/C 89/32

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: B. Tidore, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: J. Currall and H. Krämer, and A. Dal Ferro, lawyer)

Re:

Application for annulment of Call for expressions of interest EPSO/CAST/EU/27/07 to constitute a database of candidates to be recruited as contractual agents carrying out various activities within the European institutions and agencies, published on the website of the European Personnel Selection Office (EPSO) on 27 March 2007.

Operative part of the judgment

The Court:

1. Annuls Call for expressions of interest EPSO/CAST/EU/27/07 to constitute a database of candidates to be recruited as contractual agents carrying out various activities within the European institutions and agencies, published on the website of the European Personnel Selection Office (EPSO) on 27 March 2007;

2. Orders the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 301/23

Judgment of the General Court of 13 September 2010 — Mohr & Sohn v Commission

(Case T-131/07) (1)

(Inland waterway transport - Community-fleet capacity - Conditions for putting new vessels into service (‘old for new’ rule) - Commission decision not to grant the specialised vessels exemption - Article 4(6) of Regulation (EC) No 718/1999)

2010/C 301/36

Language of the case: German

Parties

Applicant: Paul Mohr & Sohn, Baggerei und Schiffahrt (Niederwalluf, Germany) (represented by: F. von Waldstein, lawyer)

Defendant: European Commission (represented by: G. Braun and K. Simonsson, Agents)

Re:

Application for annulment of Commission Decision SG (2007) D/200972 of 28 February 2007 not to grant to the vessel ‘Niclas’ the specialised vessels exemption, pursuant to Article 4(6) of Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport (OJ 1999 L 90, p. 1)

Operative part of the judgment

1. The application is dismissed;

2. Paul Mohr & Sohn, Baggerei und Schiffahrt is ordered to bear its own costs and pay those incurred by the European Commission.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 252/31

Judgment of the General Court of 12 July 2011 — Fuji Electric v Commission

(Case T-132/07) (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 - Proof of the infringement - Whether liable for the infringement - Duration of the infringement - Fines - Mitigating circumstances - Cooperation)

2011/C 252/72

Language of the case: English

Parties

Applicant: Fuji Electric (previously Fuji Electric Holdings Co. Ltd and successor in title to Fuji Electric Systems Co. Ltd) (Kawasaki, Japan) (represented by P. Chappatte and P. Walter, Solicitors)

Defendant: European Commission (represented by: initially F. Arbault, and subsequently X. Lewis, J. Bourke and F. Ronkes Agerbeek, and then N. Khan and F. Ronkes Agerbeek, Agents, and J. Holmes, Barrister)

Re:

Application for the partial annulment of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) and reduction of the fine imposed on Fuji Electric Holdings and Fuji Electric Systems

Operative part of the judgment

The Court:

1. Annuls Article 1(h) and Article 2(d) of Commission Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/F/38.899 — Gas insulated switchgear) to the extent that they find or rely on the finding that Fuji Electric Systems Co. Ltd, the successor in title to which is Fuji Electric Co. Ltd, can be held personally liable for the infringement from September 2000 until 30 June 2001;

2. Sets the amount of the fine imposed on Fuji Electric, formerly named Fuji Electric Holdings Co. Ltd and the successor in title to Fuji Electric Systems, in Article 2(d) of Decision C(2006) 6762 final at EUR 2 200 000;

3. Orders the European Commission to pay one quarter of the costs incurred by Fuji Electric and to bear one quarter of its own costs;

4. Orders Fuji Electric to bear three quarters of its own costs and three quarters of the costs incurred by the Commission.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 145/23

Judgment of the General Court of 31 March 2011 — Greece v Commission

(Case T-214/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Arable crops - Specific measures for certain agricultural products in favour of the smaller Aegean islands)

2011/C 145/36

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: V. Kontolaimos and I. Chalikias, Agents)

Defendant: European Commission (represented by: H. Tserepa-Lacombe, Agent and N. Korogiannakis, lawyer)

Re:

Application for annulment of Commission Decision 2007/243/EC of 18 April 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2007 L 106, p. 55).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 370/22

Judgment of the General Court of 8 November 2011 — Zhejiang Harmonic Hardware Products v Council

(Case T-274/07) (1)

(Dumping - Imports of ironing boards originating in the People’s Republic of China and Ukraine - Market economy treatment - Rights of the defence - Offer of price undertakings - Confidential treatment of the complainants’ identity)

2011/C 370/34

Language of the case: English

Parties

Applicant: Zhejiang Harmonic Hardware Products Co. Ltd (Quzhou, Zhejiang, China) (represented by: R. MacLean, Solicitor, and Y. Melin, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents, B. O’Connor, Solicitor, and E. McGovern, Barrister)

Interveners in support of the defendant: European Commission (represented by H. van Vliet and K. Talabér-Ritz, acting as Agents); Vale Mill (Rochdale) Ltd (Rochdale, United Kingdom), Pirola SpA (Mapello, Italy) and Colombo New Scal SpA (Rovagnate, Italy) (represented by G. Berrisch and G. Wolf, lawyers)

Re:

Action for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine (OJ 2007 L 109, p. 12), in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by the applicant.

Operative part of the judgment

The Court:

1. Annuls Articles 1 and 2 of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine, in so far as they impose a definitive anti-dumping duty and collect definitively the provisional duty on ironing boards manufactured by Zhejiang Harmonic Hardware Products Co. Ltd;

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Zhejiang Harmonic Hardware Products;

3. Orders the European Commission, Vale Mill (Rochdale) Ltd, Pirola SpA and Colombo New Scale SpA to bear their own costs.

(1) OJ C 223, 22.9.2007.
EN Official Journal of the European Union C 269/45

Judgment of the General Court of 13 July 2011 — Kone and Others v Commission

(Case T-151/07) (1)

(Competition - Agreements, decisions and concerted practices - Market for the installation and maintenance of elevators and escalators - Decision finding an infringement of Article 81 EC - Bid-rigging - Market sharing - Price fixing)

2011/C 269/99

Language of the case: English

Parties

Applicants: Kone Oyj (Helsinki, Finland); Kone GmbH (Hanover, Germany); and Kone BV (Voorburg, Netherlands) (represented by: T. Vinje, Solicitor, D. Paemen, J. Schindler, B. Nijs, A. Tomtsis, lawyers, J. Flynn QC and D. Scannell, Barrister)

Defendant: European Commission (represented by: É. Gippini Fournier and R. Sauer, acting as Agents)

Re:

Application for annulment of Commission Decision C(2007) 512 final of 21 February 2007 relating to a proceeding under Article 81 [EC] (Case COMP/E 1/38.823 — Elevators and Escalators) or, in the alternative, reduction of the amount of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kone Oyj, Kone GmbH and Kone BV to pay the costs.

(1) OJ C 155, 7.7.2007.
5.

Annuls the decisions of the Commission of 28 November 2007 and 9 April 2008 concerning the documents connected with Case T-110/04, in so far as they concern, firstly, the removal of data concerning legal persons when the reasons for that removal were not based on Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, secondly, the removal of documents and data on the basis of Article 4(1)(b) of Regulation No 1049/2001, with the exception of the removal of the names and addresses of the officials of the European Commission Directorate-General ‘Trade’ and the applicant’s accusations made against them in Case T-110/04, and, thirdly, the removal of documents and data on the basis of the second subparagraph of Article 4(3) of Regulation No 1049/2001;
EN Official Journal of the European Union C 138/12

Judgment of the General Court of 29 March 2012 — Czech Republic v Commission

(Case T-248/07) (1)

(Agriculture - Common organisation of the markets - Measures to be adopted due to the accession of new Member States - Act of Accession of 2003 - Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination - Objective pursued by a provision of primary legislation - Decision 2007/361/EC)

2012/C 138/19

Language of the case: Czech

Parties

Applicant: Czech Republic (represented: initially by T. Boček, and subsequently by: M. Smolek, acting as Agents)

Defendant(s): European Commission (represented by: H. Tserepa-Lacombe and Z. Malůšková, acting as Agents)

Interveners in support of the applicant: Slovak Republic (represented: initially by J. Čorba, and subsequently by: B. Ricziová, acting as Agents); Republic of Poland (represented: initially by T. Nowakowski; subsequently by: M. Dowgielewicz; and finally by: M. Szpunar, B. Majczyna and D. Krawczyk, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2007 L 138, p. 14).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;

2. Dismisses the remainder of the action;

3. Orders the European Commission to pay the costs incurred by the Czech Republic and to bear its own costs;

4. Orders the Slovak Republic and the Republic of Poland to bear their own costs.

(1) OJ C 211, 8.9.2007.
Judgment of the General Court of 17 September 2019 — Ireland and Aughinish Alumina v Commission

(Joined Cases T-129/07 and T-130/07) (1)

(State aid - Directive 2003/96/EC - Excise duties on mineral oils - Mineral oils used as fuel for alumina production - Exemption from excise duty - Selective nature of the measure - Community guidelines on State aid for environmental protection of 2001)

(2019/C 399/44)

Language of the case: English

Parties

Applicant in Case T-129/07: Ireland (represented, initially, by D. O’Hagan and E. Alkin, subsequently, by E. Alkin, E. Creedon and A. Joyce, and, finally, by E. Alkin, A. Joyce, M. Browne and G. Hodge, acting as Agents, and by P. McGarry, Senior Counsel)

Applicant in Case T-130/07: Aughinish Alumina Ltd (Askeaton, Ireland) (represented, initially, by J. Handoll and C. Waterson, and, subsequently, by C. Waterson and C. Little, Solicitors)

Defendant: European Commission (represented, initially, by V. Di Bucci, N. Khan, G. Conte and K. Walkerová, and, subsequently, by N. Khan and V. Bottka, acting as Agents)

Re:

Applications pursuant to Article 263 TFEU for annulment, in whole or in part, of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it finds that State aid was granted by Ireland, from 1 January 2004, on the basis of the exemption from excise duty on mineral oils used as fuel for alumina production in the Shannon region (Ireland), and in so far as it orders Ireland to recover the aid or to cancel or suspend its payment.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Ireland to pay the costs in Case T-129/07;

3. Orders Aughinish Alumina Ltd to pay the costs in Case T-130/07.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 336/13

Judgment of the General Court of 16 September 2013 — Nynäs Petroleum and Nynas Petróleo v Commission

(Case T-482/07) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Decision finding an infringement of Article 81 EC - Annual market-sharing and price-fixing arrangements - Evidence of participation in the cartel - Calculation of the amount of the fine)

2013/C 336/26

Language of the case: English

Parties

Applicants: Nynäs Petroleum AB (Stockholm, Sweden); and Nynas Petróleo, SA (Madrid, Spain) (represented by: D. Beard QC, and M. Dean, Solicitor)

Defendant: European Commission (represented: initially by X. Lewis and F. Castillo de la Torre, subsequently by F. Castillo de la Torre and J. Bourke, and lastly by F. Castillo de la Torre and C. Urraca Caviedes, Agents)

Re:

Application, principally, for annulment in part of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) or, in the alternative, for reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Sets the amount of the fine imposed on Nynas Petróleo, SA in Article 2 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen (Spain)) at EUR 10 406 000, and the amount of the fine imposed on Nynäs Petroleum, AB in Article 2 of that decision at EUR 10 164 000;

2. Dismisses the remaining heads of claim in the application;

3. Orders each party to bear its own costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 180/49

Judgment of the Court of First Instance of 18 June 2009 — Commission v Traore

(Case T-572/08 P) (1)

(Appeal - Public service - Officials - Recruitment - Notice of vacancy - Appointment to the post of Head of Operations at the Commission Delegation in Tanzania - Determination of the level of the post to be filled - Principle of separation of the grade and the function)

2009/C 180/92

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Currall, G. Berscheid and B. Eggers, Agents)

Other party to the proceedings: Amadou Traore (Rhode-St-Genèse, Belgium) (represented by: É. Boigelot, lawyer)

Interveners in support of the appellant: European Parliament (represented by: C. Burgos and K. Zejdová, Agents); Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents); and Court of Auditors of the European Communities (represented by T. Kennedy and J.-M. Stenier, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 13 November 2008 in Case F-90/07 Traore v Commission, seeking annulment of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union of 13 November 2008 in Case F-90/07 Traore v Commission in so far as it annuls the decision of the of the Director of Resources of the EuropeAid Co-operation Office of the Commission of 12 December 2006 rejecting Mr Amadou Traore's candidature for the post of Head of Operations at the Commission Delegation in Tanzania and the decision to appoint Mr S to that post;

2. Dismisses the action brought by Mr Traore before the Civil Service Tribunal in Case F 90/07.

3. Orders Mr Traore and the Commission of the European Communities to pay their own costs relating to the proceedings at first instance and the appeal proceedings.

4. Orders the European Parliament, the Council of the European Union and the Court of Auditors of the European Communities to pay their own costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 90/26

Judgment of the Court of First Instance of 10 March 2009 — Piccoli v OHIM (Shape of a sea shell)

(Case T-8/08) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a seashell - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94)

2009/C 90/41

Language of the case: Italian

Parties

Applicant: G. M. Piccoli Srl (Alzano Lombardo, Italy) (represented by: S. Giudici and S. Caselli, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 September 2007 (Case R 530/2007-1) concerning an application to register as a Community trade mark a three-dimensional sign consisting of the shape of a sea shell.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders G. M. Piccoli Srl to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 256/26

Judgment of the Court of First Instance of 15 September 2009 — Parfums Christian Dior v OHIM — Consolidated Artists (MANGO adorably)

(Case T-308/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

2009/C 256/47

Language of the case: French

Parties

Applicant: Parfums Christian Dior (Paris, France) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Consolidated Artists BV (Rotterdam, Netherlands) (represented by: S. Bénoliel-Claux, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007-2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Parfums Christian Dior to pay the costs.

(1) OJ C 260, 11.10.2008.
EN Official Journal of the European Union C 193/21

Judgment of the Court of First Instance of 2 July 2009 — Fitoussi v OHIM — Loriot (IBIZA REPUBLIC)

(Case T-311/08) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark IBIZA REPUBLIC - Earlier figurative national mark depicting a five-pointed star in a circle — Absolute ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 193/32

Language of the case: French

Parties

Applicant: Paul Fitoussi (Vincennes, France) (represented by: K. Manhaeve, T. van Innis and G. Glas, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bernadette Nicole J. Loriot (Ibiza, Spain)

Re:

Action brought against the decision of 7 May 2008 of OHIM’s Second Board of Appeal (Case R 1135/2007-2) relating to opposition proceedings between Paul Fitoussi and Bernadette Nicole J. Loriot

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Paul Fitoussi to pay the costs.

(1) OJ C 272, of 25.10.2008.