Case T-289/01: Judgment of the Court of First Instance of 24 May 2007 — Duales System Deutschland v Commission (Competition — Agreements, decisions and concerted practices — Collection and recovery system for packaging marketed in Germany bearing the Der Grüne Punkt logo — Decision granting exemption — Obligations imposed by the Commission to ensure competition — Exclusivity granted by the system operator to the collection undertakings used — Restriction of competition — Need to guarantee the access of competitors to the collection facilities used by the system operator — Commitments given by the system operator)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, contract, packaging product, waste recycling

7.7.2007

EN

Official Journal of the European Union

C 155/19

COURT OF FIRST INSTANCE

Conduct of the activities of the Court of First Instance
between 1 and 17 September 2007

(2007/C 155/35)

At its Plenary Meeting of 6 June 2007, the Court of First
Instance took note of the fact that, by reason of the Court vaca-
tion, the taking of the oath before the Court of Justice by four
new Members of the Court of First Instance will take place only
after the end of that vacation. Consequently, in accordance with
the third paragraph of Article 5 of the Statute of the Court of
Justice, until the new Members of the Court of First Instance
take up their duties:

— the President of the Court of First Instance will be Mr Vester-

dorf;

— the Presidents of

five Judges will be
the Chambers of
Mr Jaeger, Mr Pirrung, Mr Vilaras and Mr Legal, Presidents of
Chambers;

— the President of the First Chamber will be Mr Cooke, Presi-

dent of Chamber;

— the decision of 14 January 2006 (OJ 2006 C 10, p. 19) on
the composition of the Appeal Chamber and the assignment
of cases to that Chamber,
the decision of 5 July 2006
(OJ 2006 C 190, p. 14) on the composition of the Grand
Chamber and the designation of the Judge replacing the
President of the Court of First Instance as the Judge hearing
applications
interim measures and the decision of
15 January 2007 (OJ 2007 C 42, p. 22) on the assignment
of Judges to Chambers and the criteria for the assignment of
cases will continue to apply.

for

in support of

Interveners
the defendant: Vfw AG (Cologne,
lawyers);
Germany) (represented by H.F. Wissel and J. Dreyer,
Landbell AG für Rückhol-Systeme (Mayence, Germany); and
BellandVision GmbH (Pegnitz, Germany)
(represented by:
A. Rinne and A. Walz, lawyers)

Re:

for

annulment

Application
Commission Decision
2001/463/EC of 20 April 2001 relating to a proceeding
pursuant to Article 82 [EC] (Case COMP D3/34493 — DSD)
(OJ 2001 L 166, p. 1)

of

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders

the applicant, Der Grüne Punkt — Duales System
Deutschland GmbH, to bear its own costs and those incurred by
the Commission, Landbell AG Rückhol Systeme and BellandVision
GmbH, including those relating to the interlocutory proceedings;

3. Orders Vfw AG to bear its own costs, including those relating to

the interlocutory proceedings.

(1) OJ C 289, 13.10.2001.

Judgment of the Court of First Instance of 24 May 2007 —
Duales System Deutschland v Commission

(Case T-151/01) (1)

(Competition — Abuse of a dominant position — Collection
and recovery system for packaging carrying the Der Grüne
Punkt logo and put into circulation in Germany — Decision
finding abuse of a dominant position — Barrier to entry —
Fee payable under the ‘Trade Mark Agreement’)

(2007/C 155/36)

Language of the case: German

Judgment of the Court of First Instance of 24 May 2007 —
Duales System Deutschland v Commission

(Case T-289/01) (1)

(Competition — Agreements, decisions and concerted practices
— Collection and recovery system for packaging marketed in
Germany bearing the Der Grüne Punkt logo — Decision
granting exemption — Obligations imposed by the Commis-
sion to ensure competition — Exclusivity granted by the
system operator to the collection undertakings used — Restric-
tion of competition — Need to guarantee the access of compe-
titors to the collection facilities used by the system operator —
Commitments given by the system operator)

Parties

Applicant: Der Grüne Punkt — Duales System Deutschland
GmbH, formerly Der Grüne Punkt — Duales System Deutsch-
land AG (Cologne, Germany) (represented by: W. Deselaers, B.
Meyring, E. Wagner and C. Weidemann, lawyers)

Parties

(2007/C 155/37)

Language of the case: German

Defendant: Commission of the European Communities (repre-
sented by: initially by S. Rating, and subsequently by P. Oliver,
H. Gading and M. Schneider, and finally by W. Mölls and R.
Sauer, Agents)

Applicant: Der Grüne Punkt — Duales System Deutschland
GmbH, formerly Der Grüne Punkt — Duales System Deutsch-
land AG (Cologne, Germany)
(represented by: W. Deselaerts,
B. Meyring, E. Wagner, lawyers)

C 155/20

EN

Official Journal of the European Union

7.7.2007

Defendant: Commission of the European Communities (repre-
sented initially by S. Rating,
subsequently by P. Oliver,
H. Gading and M. Schneider, and finally by W. Mölls and
R. Sauer, Agents)

Intervener in support of the defendant: Landbell AG für Rückhol-
Systeme (Mayence, Germany)
(represented by: A. Rinne and
A. Walz, lawyers)

Re:

Annulment of Article 3 of Commission Decision 2001/837/EC
of 17 September 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Cases
COMP/34493 — DSD, COMP/37366 — Hofman + DSD,
COMP/37299 — Edelhoff + DSD, COMP/37291 — Rechmann
+ DSD, COMP/37288 — ARGE and five other undertakings +
DSD, COMP/37287 — AWG and five other undertakings +
DSD, COMP/37526 — Feldhaus + DSD, COMP/37254 —
Nehlsen + DSD, COMP/37252 — Schönmakers + DSD, COMP/
37250 — Altvater + DSD, COMP/37246 — DASS + DSD,
COMP/37245 — Scheele + DSD, COMP/37244 — SAK + DSD,
COMP/37243 — Fischer + DSD, COMP/37242 — Trienekens +
DSD, COMP/37267 — Interseroh + DSD)
(OJ 2001 L 319,
p. 1), or, in the alternative, annulment of that decision in its
entirety and of
reproduced in
the applicant's commitment
recital 72 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders

the applicant, Der Grüne Punkt — Duales System
Deutschland GmbH, to bear three quarters of its own costs, three
quarters of the costs incurred by the Commission, and the costs
incurred by Landbell AG Rückhol-Systeme;

3. Orders the Commission to bear a quarter of its own costs and a

quarter of the costs incurred by the applicant.

(1) OJ C 44, 16.2.2002.

Judgment of the Court of First Instance of 16 May 2007 —
F v Commission

(Case T-324/04) (1)

(Staff cases — Officials — Expatriation allowance — Action
for annulment — Action for damages — Article 4(1)(a) of
Annex VII to the Staff Regulations — Concept of interna-
tional organisation — Habitual residence and main occupa-
tion — Retroactive refusal to pay the expatriation allowance
— Recovery of amounts wrongly paid)

(2007/C 155/38)

Language of the case: French

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer, Agent)

Re:

First, annul the decisions of the Commission refusing with retro-
active effect to pay the applicant the expatriation allowance and
determining the method for recovery of the amounts wrongly
paid on that account and, second, order repayment of all the
amounts which have been or will be deducted from the appli-
cant's salary from February 2004, plus interest, and damages for
the material and non-material loss allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court of First Instance of 16 May 2007 —
Merant v OHIM — Magazin Verlag (FOCUS)

(Case T-491/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark FOCUS — Earlier
national figurative mark MICRO FOCUS — Likelihood of
confusion — Similarity of signs — Article 8(1)(b) of Regu-
lation (EC) No 40/04)

(2007/C 155/39)

Language of the case: German

Parties

Applicant: Merant GmbH (Ismaning, Germany) (represented by:
A. Schulz, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
initially, D.
Schennen, subsequently, G. Schneider, acting as Agents)

(represented by:

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court: Focus Magazin Verlag GmbH (Munich,
Germany) (represented by: U. Gürtler, lawyer)

Re:

Parties

Applicant: F (Rhodes-Saint-Genèse, Belgium)
É. Boigelot, lawyer)

(represented by:

Action brought against the decision of the Second Board of
Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in
opposition proceedings between Merant GmbH and Focus
Magazin Verlag GmbH.