ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 32/24

Judgment of the General Court of 14 December 2011 — Allen and Others v Commission

(Case T-433/10 P) (1)

(Appeal - Staff employed at the JET joint undertaking - Application of a legal status different from that of members of the temporary staff - Compensation for material damage suffered - Time-limits for instituting proceedings - Late submission - Reasonable period)

2012/C 32/48

Language of the case: English

Parties

Appellants: John Allen (Horspath, United Kingdom) and the 109 other appellants whose names are listed in the annex to the judgment (represented by: K. Lasok QC and B. Lask, Barrister)

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 13 July 2010 in Case F-103/09 Allen and Others v Commission (not yet published in the ECR) seeking to have that order set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr John Allen and the 109 other appellants whose names are listed in the annex to bear their own costs and those incurred by the European Commission in the present proceedings.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 184/11

Judgment of the General Court of 8 May 2012 — Panzeri v OHIM — Royal Trophy (Royal Veste e premia lo sport)

(Case T-348/10) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community mark Royal Veste e premia lo sport - Earlier Community and international word marks veste lo sport - Earlier unregistered figurative mark panzeri veste lo sport - Relative grounds for refusal - Article 8(1)(b) and (4) of Regulation (EC) No 207/2009)

2012/C 184/18

Language of the case: Italian

Parties

Applicant: Luigi Panzeri (Monguzzo, Italy) (represented by: C. Galli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Royal Trophy Srl (Cava de Tirreni, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 988/2009-1), relating to opposition proceedings between Mr Luigi Panzeri and Royal Trophy Srl.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) of 20 May 2010 (Case R 988/2009-1);

2. Orders each party to bear its own costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 217/19

Judgment of the General Court of 13 June 2012 — Paul Hartmann AG v OHIM — Mölnlycke Health Care (MESILETTE)

(Case T-342/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MESILETTE - Earlier national and international word marks MEDINETTE - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 217/39

Language of the case: English

Parties

Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by: N. Aicher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Mölnlycke Health Care AB (Göteborg, Sweden)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2010 (Case R 1222/2009-2), concerning opposition proceedings between Paul Hartmann AG and Mölnlycke Health Care AB.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), of 20 May 2010 (Case R 1222/2009-2);

2. Orders OHIM to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 200/14

Judgment of the General Court of 22 May 2012 — Environmental Manufacturing v OHIM — Wolf (Representation of the head of a wolf)

(Case T-570/10) (1)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a wolf’s head - Earlier national and international figurative marks WOLF Jardin and Outils WOLF - Relative grounds for refusal - Detriment to the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009)

2012/C 200/27

Language of the case: English

Parties

Applicant: Environmental Manufacturing LLP (Stowmarket, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Atkins, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 October 2010 (Case R 425/2010-2), concerning opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Environmental Manufacturing LLP to pay the costs.

(1) OJ C 63, 26.2.2011.
EN Official Journal of the European Union C 227/19

Judgment of the General Court of 21 June 2012 — Fruit of the Loom v OHIM — Blueshore Management (FRUIT)

(Case T-514/10) (1)

(Community trade mark - Revocation proceedings - Community word mark FRUIT - Non-use - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009)

2012/C 227/28

Language of the case: English

Parties

Applicant: Fruit of the Loom, Inc. (Bowling Green, Kentucky, United States) (represented by: S. Malynicz, Barrister, and V. Marsland, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by S. Schäffner, subsequently by G. Schneider, subsequently by D. Botis, and finally by J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Blueshore Management SA (Cernusco Sul Naviglio, Italy) (represented by: S. Corona and G. Ciccone, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2010 (Case R 1686/2008-4) concerning revocation proceedings between Blueshore Management SA and Fruit of the Loom, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fruit of the Loom, Inc. to bear its own costs and to pay those incurred by OHIM;

3. Orders Blueshore Management SA to bear its own costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 355/25

Judgment of the General Court of 2 October 2012 — ELE.SI.A v Commission

(Case T-312/10) (1)

(Arbitration clause - Sixth multiannual framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) - Contract concerning the ‘I-Way, Intelligent, co-operative system in cars for road safety’ project - Termination of the contract - Request for repayment of the financial contribution paid - Damages - Action seeking to obtain the full financial contribution requested and to challenge the request for repayment - Counterclaim)

2012/C 355/54

Language of the case: Italian

Parties

Applicant: Elettronica e sistemi per automazione (ELE.SI.A) SpA (Guidonia Montecelio, Italy) (represented by: P. Tomassi, S. Baratti and P. Caprile, lawyers)

Defendant: European Commission (represented by: A. Aresu and A. Sauka, Agents)

Re:

Application seeking payment of the financial contribution to which the applicant considers that it is entitled under the terms of Contract No 27195, entered into on 13 December 2005 between the Commission and the applicant, relating to the research project entitled ‘I-Way, Intelligent, co-operative system in cars for road safety’, and a counterclaim for repayment of a part of the financial contribution paid and for payment of damages.

Operative part of the judgment

The General Court:

1. Dismisses the action brought by Elettronica e sistemi per automazione (ELE.SI.A) SpA;

2. Orders ELE.SI.A to pay to the European Commission a sum of EUR 184 129,74, plus interest from 18 May 2010, together with a sum of EUR 7 344,46, plus interest from 18 June 2010;

3. Orders ELE.SI.A to pay the costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 343/14

Judgment of the General Court of 20 September 2012 — Hungary v Commission

(Case T-89/10) (1)

(Structural funds - Financial assistance - M43 Motorway between Szeged and Makó - VAT - Non-eligible expenditure)

2012/C 343/20

Language of the case: Hungarian

Parties

Applicant: Hungary (represented: initially by J. Fazekas, K. Szíjjártó and M.Z. Fehér, then by M.Z. Fehér and K. Szíjjártó, agents)

Defendant: European Commission (represented by: D. Triantafyllou, V. Bottka and A. Steiblytė, agents)

Re:

Action for annulment brought against the Commission Decision of 14 December 2009 relating to the major project ‘M43 Motorway between Szeged and Makó’, forming part of the ‘Transport’ operational programme for European Union structural support from the European Regional Development Fund (ERDF) and the Cohesion Fund under the ‘Convergence’ objective (CCI 2008HU161PR016)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hungary to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 38/18

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

(Case T-588/10) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Arable crops - Dried grapes - Raw tobacco - Specific measures for the smaller Aegean islands concerning certain agricultural products - Sheepmeat and goatmeat - Cross compliance - Proportionality)

2013/C 38/30

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias, E. Leftheriotou and X. Basakou, Agents)

Defendant: European Commission (represented by: D. Triantafyllou, H. Tserepa-Lacombe and A. Markoulli, Agents)

Re:

Action for annulment of Commission Decision 2010/668/EU of 4 November 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 288, p. 24), in so far as that decision excludes certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 373/4

Judgment of the General Court of 17 October 2012 — Commission v EU Research Projects

(Case T-220/10) (1)

(Arbitration clause - Contract concluded in the framework of the specific programme for research, technological development and demonstration on a ‘User-friendly information society’ - Withdrawal from the project - Reimbursement of part of the amount advanced by the Commission - Default interest - Procedure by default)

2012/C 373/06

Language of the case: English

Parties

Applicant: European Commission (represented by: N. Bambara and A.-M. Rouchaud-Joët, acting as Agents, assisted by C. Erkelens, lawyer)

Defendant: EU Research Projects Ltd (Hungerford, United Kingdom)

Re:

Action under Article 272 TFEU seeking an order that the defendant reimburse part of the amount advanced by the Commission, together with default interest, under contract IST 2001-34850.

Operative part of the judgment

The Court:

1. Orders EU Research Projects Ltd to repay to the European Commission the sum of EUR 102 039,32, plus accrued default interest calculated at the rate of 4.80 % per annum from 29 December 2006 until the date of full payment of the amount due;

2. Orders EU Research Projects Ltd to pay the costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 129/17

Judgment of the General Court of 22 March 2013 — Fabryka Łożysk Tocznych-Kraśnik v OHIM (FŁT-1)

(Case T-571/10) (1)

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

2013/C 129/32

Language of the case: Polish

Parties

Applicant: Fabryka Łożysk Tocznych-Kraśnik S.A. (Kraśnik, Poland) (represented by: J. Sieklucki, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Impexmetal S.A. (Warsaw, Poland) (represented by: K. Pyszków, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2010 (Case R 1387/2009-1) relating to opposition proceedings between Impexmetal S.A. and Fabryka Łożysk Tocznych-Kraśnik S.A.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fabryka Łożysk Tocznych-Kraśnik S.A. to pay the costs.

(1) OJ C 63, 26.2.2011.
EN Official Journal of the European Union C 108/21

Judgment of the General Court of 27 February 2013 — Bloufin Touna Ellas Naftiki Etaireia and Others v European Commission

(Case T-367/10) (1)

(Fisheries - Conservation of fish stocks - Recovery plan for bluefin tuna - Measures prohibiting fishing activities of purse seiners flying the flag of France or Greece - Actions for annulment - Regulatory act not entailing implementing measures - Whether directly concerned - Admissibility - Rate of exhaustion of quotas per State and per purse seiner - True catch capacity)

2013/C 108/56

Language of the case: English

Parties

Applicants: Bloufin Touna Ellas Naftiki Etaireia (Athens, Greece); Chrisderic (Saint-Cyprien, France); André Sébastien Fortassier (Grau-d’Agde, France) (represented: initially by V. Akritidis and E. Petritsi, lawyers, and subsequently by V. Akritidis and F. Crespo, lawyers)

Defendant: European Commission (represented by: K. Banks, A. Bouquet and D. Nardi, Agents)

Re:

Annulment of Commission Regulation (EU) No 498/2010 of 9 June 2010 prohibiting fishing activities for purse seiners flying the flag of France or Greece or registered in France or Greece, fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2010 L 142, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bloufin Touna Ellas Naftiki Etaireia, Chrisderic and André Sébastien Fortassier to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 225/63

Judgment of the General Court of 29 May 2013 — Spain v Commission

(Case T-384/10) (1)

(Cohesion fund - Regulation (EC) No 1164/94 - Projects concerning water supply to settlements in the Guadiana river basin in the Andévalo area, drainage and water treatment in the Guadalquivir river basin and water supply to multi-municipal systems in the provinces of Granada and Málaga - Partial withdrawal of financial assistance - Public works and services contracts - ‘Work’ - Split of the procurement - Determination of the financial corrections - Article H(2) of Annex II of Regulation No 1164/94 - Proportionality)

2013/C 225/141

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, and subsequently by A. Rubio González, lawyers)

Defendant: European Commission (represented by: A. Steiblytė, D. Kukovec and B. Conte, acting as Agents, assisted initially by J. Rivas Andrés, X. García García, lawyers, and M. Vilarasau Slade, lawyer, and subsequently by Rivas Andrés and X. García García)

Re:

Application for the annulment of Commission Decision C(2010) 4147 of 30 June 2010, reducing the assistance granted from the Cohesion Fund to the following (groups of) projects: ‘Water supply to settlements in the Guadiana basin: Andévalo area’ (2000.ES.16.C.PE.133), ‘Drainage and water treatment in the Guadalquivir basin: Guadaira, Aljarafe and the areas of natural protection of the Guadalquivir’ (2000.16.C.PE.066) and ‘Water supply to multi-municipal systems in the provinces of Granada and Málaga’ (2002.ES.16.C.PE.061).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 156/38

Judgment of the General Court of 17 April 2013 — Continental Bulldog Club Deutschland v OHIM (CONTINENTAL)

(Case T-383/10) (1)

(Community trade mark - Application for Community word mark CONTINENTAL - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2013/C 156/68

Language of the case: German

Parties

Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented: initially by S. Vollmer, and subsequently by U. Rühl, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (R 300/2010-1), concerning an application for registration of the word mark CONTINENTAL as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Continental Bulldog Club Deutschland eV to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 325/29

Judgment of the General Court of 16 September 2013 — Laufen Austria v Commission

(Case T-411/10) (1)

(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Attributability of unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Multipliers - Mitigating circumstances - Economic crisis - Pressure exerted by wholesalers - 2002 Leniency Notice - Reduction of the fine - Significant added value)

2013/C 325/49

Language of the case: Spanish

Parties

Applicant: Laufen Austria AG (Wilhelmsburg, Austria) (represented by: E. Navarro Varona and L. Moscoso del Prado González, lawyers)

Defendant: European Commission (represented: initially by F. Castillo de la Torre, A. Antoniadis and F. Castilla Contreras, and subsequently by F. Castillo de la Torre, A. Antoniadis and F. Jimeno Fernández, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures) and for reduction of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laufen Austria AG to bear its own costs and to pay those of the European Commission.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 325/25

Judgment of the General Court of 16 September 2013 — Mamoli Robinetteria v Commission

(Case T-376/10) (1)

(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Rights of the defence - 2002 Leniency Notice - Plea of illegality - Concept of agreements, decisions and concerted practices - Calculation of the fine - 2006 Guidelines on the method of setting fines - Gravity - Application of a multiplier to the additional sum)

2013/C 325/42

Language of the case: Italian

Parties

Applicant: Mamoli Robinetteria SpA (Milan, Italy) (represented by: F. Capelli and M. Valcada, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, A. Antoniadis and L. Malferrari, acting as Agents, assisted initially by F. Ruggeri Laderchi and A. De Matteis, and subsequently by F. Ruggeri Laderchi, lawyers)

Re:

Application for annulment of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.092 — Bathroom Fittings and Fixtures), in so far as it concerns the applicant, and, in the alternative, for cancellation or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mamoli Robinetteria SpA to bear its own costs and to pay those of the European Commission.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 61/8

Judgment of the General Court of 21 January 2014 — Klein v Commission

(Case T-309/10) (1)

(Non-contractual liability - Medical devices - Articles 8 and 18 of Directive 93/42/EEC - Failure of the Commission to act following notification of a decision prohibiting placing on the market - Sufficiently serious breach of a legal rule conferring rights on individuals)

2014/C 61/12

Language of the case: German

Parties

Applicant: Christoph Klein (Großgmain, Austria) (represented by: D. Schneider-Addae-Mensah, lawyer)

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

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

Re:

Action for damages, on the basis of the combined provisions of Article 268 TFEU and the second paragraph of Article 340 TFEU, seeking compensation for the injury allegedly suffered by the applicant as a result of the Commission’s breach 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 to bear his own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 352/11

Judgment of the General Court of 16 October 2013 — Vivendi v Commission

(Case T-432/10) (1)

(Competition - Abuse of dominant position - French broadband and telephone subscription market - Decision rejecting a complaint - Lack of Community interest - Significance of the alleged infringement as regards the functioning of the internal market - Probability of establishing the existence of the alleged infringement)

2013/C 352/20

Language of the case: French

Parties

Applicant: Vivendi (Paris, France) (represented initially by: M. Struys, O. Fréget and J.-Y. Ollier; and subsequently by M. Struys, O. Fréget and L. Eskenazi, lawyers)

Defendant: European Commission (represented by: B. Mongin and N. von Lingen, acting as Agents)

Intervener in support of the defendant: Orange, formerly France Télécom (Paris France) (represented by: S. Hautbourg, lawyer)

Re:

Application for annulment of Commission Decision C(2010) 4730 of 2 July 2010, rejecting the complaint lodged by the applicant against France Télécom relating to an alleged abuse of a dominant position on the French broadband and telephone subscription market (Case COMP/C-1/39.653 — Vivendi & Iliad/France Télécom)

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Vivendi to bear its own costs and to pay those incurred by the European Commission;

3. Orders Orange to bear its own costs.

(1) OJ C 317, 20.11.2010.