Case T-60/05: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 — UFEX and Others v Commission of the European Communities (Competition — Abuse of a dominant position — International express courier market — Decision dismissing complaint — Annulment by Community judicature of decision dismissing complaint — Re-examination and dismissal anew of complaint — Public undertaking)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), competition law, complaint to the Commission, dominant position, postal service, transport company

C 247/30

EN

Official Journal of the European Union

20.10.2007

3. Orders William Prym and Prym Consumer to bear 90 % of their
own costs and to pay 90 % of the costs incurred by the Commis-
sion, and the Commission to bear 10 % of its own costs and to
the costs incurred by William Prym and Prym
pay 10 % of
Consumer.

(1) OJ C 106 of 30.4.2005.

2. Sets the amount of

the fine imposed on the applicants under

Article 2 of the Decision at EUR 20 million;

3. Dismisses the remainder of the application;

4. Orders the applicants to bear two thirds of their own costs and to
pay two thirds of the costs incurred by the Commission, and the
Commission to bear one third of its own costs and to pay one third
of the costs incurred by the applicants.

(1) OJ C 93, 16.4.2005.

Judgment of the Court of First Instance of 12 September
2007 — Coats Holdings and Coats v Commission

(Case T-36/05) (1)

(Competition — Cartels — European haberdashery market
(needles) — Product market sharing — Geographic market
sharing — Assessment of evidence — Participation in meet-
ings — Tripartite agreement — Fine — Gravity and duration
of the infringement — Attenuating circumstances)

(2007/C 247/47)

Language of the case: English

Parties

Applicants: Coats Holdings Ltd (Uxbridge, Middlesex, United
Kingdom) and J & P Coats Ltd (Uxbridge)
(represented by:
W. Sibree and C. Jeffs, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and K. Mojzesowicz, Agents)

Re:

Application, principally, for annulment of Commission Decision
C(2004) 4221 final of 26 October 2004 relating to a
proceeding under Article 81 [EC] (Case COMP/F-1/38.338 —
PO/Needles) and, in the alternative, for annulment or reduction
of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2004) 4221 final of 26 October
2004 relating to a proceeding under Article 81 [EC] (Case
COMP/F-1/38.338 — PO/Needles) in so far as the Decision
finds that the applicants infringed Article 81(1) EC after 13 March
1997;

Judgment of the Court of First Instance (Second Chamber)
of 12 September 2007 — UFEX and Others v Commission
of the European Communities

(Case T-60/05) (1)

express

(Competition — Abuse of a dominant position — Interna-
tional
courier market — Decision dismissing
complaint — Annulment by Community judicature of decision
dismissing complaint — Re-examination and dismissal anew
of complaint — Public undertaking)

(2007/C 247/48)

Language of the case: French

Parties

(Roissy-en-
Applicants: Union française de l'express
France, France), DHL Express (France) SAS,
formerly DHL
International SA (Roissy-en-France); Federal express international
(France) SNC (Gennevilliers, France); and CRIE SA,
(Asnières,
France) (represented by: É. Morgan de Rivery and J. Derenne,
lawyers)

(UFEX)

Defendant: Commission of the European Communities (repre-
sented initially by A. Bouquet and O. Beynet,
then by A.
Bouquet and V. Di Bucci, agents)

Interveners in support of the defendant: Chronopost SA, (Issy-les-
Moulineaux, France), represented by D. Berlin,
lawyer and La
Poste, (Paris, France), represented by H. Lehman, lawyer

Re:

of Commission

(2004)
Annulment
D/205294 of 19 November 2004 rejecting the action brought
by the applicants against La Poste and the French Government
concerning the international express courier market in France.

SG-Greffe

decision

20.10.2007

EN

Official Journal of the European Union

C 247/31

Operative part of the judgment

The Court:

1. orders removal of CRIE SA from the list of applicants;

2. dismisses the action;

3. orders Union française de l'express (UFEX), DHL Express (France)
SAS, and Federal express international (France) SNC to pay,
in
addition to their own costs,
costs of
Chronopost SA and La Poste, Chronopost SA and La Poste to bear
one quarter of their own costs; orders CRIE to pay, in addition to
its own costs, one quarter of the costs of the Commission, the
Commission to bear three quarters of its own costs.

three quarters of

the

Agricultural Guidance and Guarantee Fund (EAGGF) in so far as
imposes a specific adjustment on the Hellenic Republic of
it
EUR 200 146,68 for
the financial years of 1996 to 1998
(consumption aid for olive oil);

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic to bear its own costs and to pay
70 % of those incurred by the Commission, which shall bear 30 %
of its own costs.

(1) OJ C 205, 20.8.2005.

(1) OJ C 93 of 16.4.2005.

Judgment of the Court of First Instance of 12 September
2007 — Cain Cellars, Inc. v OHIM (Device of a pentagon)

(Case T-304/05) (1)

Judgment of the Court of First Instance of 12 September
2007 — Hellenic Republic v Commission

(Case T-243/05) (1)

(Community trade mark — Application for a figurative
Community trade mark consisting of the device of a pentagon
— Absolute ground for refusal — Absence of distinctive char-
acter — Simplicity of the sign)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Arable crops — Olive oil — Finan-
cial audit — Period of 24 months)

(2007/C 247/50)

Language of the case: German

(2007/C 247/49)

Language of the case: Greek

Parties

Parties

Applicant: Hellenic Republic, (represented by G. Kanellopoulos
and E. Svolopoulou, agents)

Applicant: Cain Cellars, Inc. (St. Helena, California, United States)
(represented by: J. Albrecht and W.-W. Wodrich, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Weberndörfer and
G. Schneider, Agents)

Defendant: Commission of the European Communities, (repre-
sented by H. Tserepa-Lacombe and L. Visaggio, agents, assisted
by N. Korogiannakis, lawyer)

Re:

Re:

Action for annulment of the Commission Decision of 29 April
2005 excluding from Community financing certain expenditure
by the Member States under the European Agricultural Guar-
section
antee
(OJ 2005 L 112, p. 14), in so far as it excludes certain expendi-
ture by Greece in the sectors of arable crops and olive oil and in
the matter of financial audit.

(EAGGF), Guarantee

and Guidance

Funds

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2005/354/EC of 29 April 2005
excluding from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the European

Action brought against the decision of the First Board of Appeal
of OHIM of 23 May 2005 (Case R 975/2004-1) concerning the
registration of the device of a pentagon as a Community trade
mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cain Cellars, Inc. to pay the costs.

(1) OJ C 257 of 15.10.2005.