do-me/EUR-LEX huggingface dataset:
Case T-361/06: Judgment of the General Court of 27 September 2012 — Ballast Nedam v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence — Effects in relation to third parties of a judgment annulling a measure)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001803.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/18





Judgment of the General Court of 27 September 2012 — Ballast Nedam v Commission
(Case T-361/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Rights of the defence - Effects in relation to third parties of a judgment annulling a measure)
2012/C 355/36
Language of the case: Dutch

Parties


Applicant: Ballast Nedam NV (Nieuwegein (Netherlands)) (represented: initially by A. Bosman and J. van de Hel, and subsequently by A. Bosman and E. Oude Elferink, lawyers)

Defendant: European Commission (represented by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted initially by F. Wijckmans, F. Tuytschaever and L. Gyselen, and subsequently by F. Wijckmans and F. Tuytschaever, lawyers)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant, and, in the alternative (i) application for annulment in part of that decision in so far as it sets the duration of the infringement with respect to the applicant and (ii) application for a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ballast Nedam NV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case T-212/12: Order of the General Court of 27 September 2012 — Ålands Industrihus v Commission
Date: 2012-09-27
Institutions: General Court
Subjects: Finland, State aid, control of State aid, financial aid, restriction on competition, Åland








C_2012355EN.01003804.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/38





Order of the General Court of 27 September 2012 — Ålands Industrihus v Commission
(Case T-212/12) (1)

2012/C 355/83
Language of the case: Swedish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 227, 28.7.2012.
Case T-370/06: Judgment of the General Court of 27 September 2012 — Kuwait Petroleum and Others v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Fines — Cooperation during the administrative procedure — Significant added value — Equal treatment — Rights of the defence)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001902.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/19





Judgment of the General Court of 27 September 2012 — Kuwait Petroleum and Others v Commission
(Case T-370/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Fines - Cooperation during the administrative procedure - Significant added value - Equal treatment - Rights of the defence)
2012/C 355/38
Language of the case: English

Parties


Applicants: Kuwait Petroleum Corp. (Shuwaikh, Kuwait), Kuwait Petroleum International Ltd (Woking, United Kingdom) and Kuwait Petroleum (Nederland) BV (Rotterdam, Netherlands) (represented by: D. Hull, Solicitor, and G. Berrisch, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, and by L. Gyselen, lawyer)

Re:

APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kuwait Petroleum Corp., Kuwait Petroleum International Ltd and Kuwait Petroleum (Nederland) BV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case T-373/09: Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (Emidio Tucci) (Community trade mark — Opposition proceedings — Application for Community figurative mark Emidio Tucci — Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
Date: 2012-09-27
Institutions: General Court
Subjects: EU trade mark, clothing industry, optical industry, registered trade mark, trade-mark law








C_2012355EN.01002201.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/22





Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (Emidio Tucci)
(Case T-373/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Emidio Tucci - Earlier Community figurative and national word and figurative marks Emilio Pucci and EMILIO PUCCI - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)
2012/C 355/45
Language of the case: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented initially by J.L. Rivas Zurdo, E. López Camba and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Emilio Pucci International BV (Amsterdam, Netherlands) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Joined Cases R 770/2008-2 and R 826/2008-2), relating to opposition proceedings between Emilio Pucci International BV and El Corte Inglés, SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders El Corte Inglés, SA to pay the costs.






(1)  OJ C 282, 21.11.2009.
Case T-160/10: Judgment of the General Court of 27 September 2012 — J v Parliament (Right of petition — Petition addressed to the European Parliament — Decision to take no further action — Action for annulment — Duty to state reasons — Petition not falling within an area of activity of the European Union)
Date: 2012-09-27
Institutions: General Court
Subjects: Austria, civil servant, crime against property, petition








C_2012355EN.01002401.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/24





Judgment of the General Court of 27 September 2012 — J v Parliament
(Case T-160/10) (1)

(Right of petition - Petition addressed to the European Parliament - Decision to take no further action - Action for annulment - Duty to state reasons - Petition not falling within an area of activity of the European Union)
2012/C 355/50
Language of the case: German

Parties


Applicant: J (Marchtrenk, Austria) (represented by: A. Auer, lawyer)

Defendant: European Parliament (represented by: N. Lorenz and N. Görlitz, agents)

Re:

Action for annulment of the decision of the European Parliament’s Committee on Petitions of 2 March 2010 to take no further action in relation to the petition lodged by the applicant on 19 November 2009 (petition No 1673/2009).

Operative part of the judgment







1.


The action is dismissed;










2.


Mr J is ordered to pay the costs.






(1)  OJ C 238, 13.8.2011.
Case T-353/06: Judgment of the General Court of 27 September 2012 — Vermeer Infrastructuur v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements — Calculation of the amount of the fines — Gravity and duration of the infringement — Obligation to state reasons — Rights of the defence)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001601.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/16





Judgment of the General Court of 27 September 2012 — Vermeer Infrastructuur v Commission
(Case T-353/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Existence and classification of an agreement - Restriction of competition - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements - Calculation of the amount of the fines - Gravity and duration of the infringement - Obligation to state reasons - Rights of the defence)
2012/C 355/29
Language of the case: Dutch

Parties


Applicant: Vermeer Infrastructuur BV (Hoofddorp, Netherlands) (represented by: M. Slotboom, lawyer)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in particular in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Vermeer Infrastructuur BV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case T-360/06: Judgment of the General Court of 27 September 2012 — Heijmans v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001802.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/18





Judgment of the General Court of 27 September 2012 — Heijmans v Commission
(Case T-360/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct)
2012/C 355/35
Language of the case: Dutch

Parties


Applicant: Heijmans NV (Rosmalen, Netherlands) (represented: initially by M. Smeets and A. Van den Oord, and subsequently by M. Smeets, lawyers)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, assisted initially by F. Wijckmans, F. Tuytschaever and L. Gyselen, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, assisted by F. Wijckmans and F. Tuytschaever, lawyers)

Re:

Application, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant, and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Heijmans NV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case T-387/09: Judgment of the General Court of (Sixth Chamber) of 27 September 2012 — Applied Microengineering v Commission (Fifth framework programme for research, technological development and demonstration — Contracts concerning the projects ‘Formation of a New Design House for MST’ and ‘Assessment of a New Anodic Bonder’ — Recovery of part of the financial contribution paid — Enforceable decision — Decision amending the contested decision during the proceedings — Legal basis of the action — Nature of the pleas put forward — Legitimate expectations — Obligation to state the reasons on which the decision is based — Principle of sound administration)
Date: 2012-09-27
Institutions: General Court
Subjects: Framework Programme for Research and Development, legal basis, redemption








C_2012355EN.01002202.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/22





Judgment of the General Court of (Sixth Chamber) of 27 September 2012 — Applied Microengineering v Commission
(Case T-387/09) (1)

(Fifth framework programme for research, technological development and demonstration - Contracts concerning the projects ‘Formation of a New Design House for MST’ and ‘Assessment of a New Anodic Bonder’ - Recovery of part of the financial contribution paid - Enforceable decision - Decision amending the contested decision during the proceedings - Legal basis of the action - Nature of the pleas put forward - Legitimate expectations - Obligation to state the reasons on which the decision is based - Principle of sound administration)
2012/C 355/46
Language of the case: English

Parties


Applicant: Applied Microengineering Ltd (Didcot, United Kingdom) (represented: initially by P. Walravens and J. De Wachter, and subsequently by P. Walravens and J. Blockx, lawyers)

Defendant: European Commission (represented by: S. Petrova, acting as Agent, assisted by R. Van der Hout, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 5797 of 16 July 2009 relating to the recovery of the sum of EUR 258 560.61 plus interest payable by the applicant in the framework of the projects IST-199-11823 FOND MST (‘Formation of a New Design House for MST’) and IST-2000-28229 ANAB (‘Assessment of a New Anodic Bonder’).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Applied Microengineering Ltd, in addition to bearing its own costs, to pay those incurred by the European Commission.






(1)  OJ C 312, 19.12.2009.
Case T-343/06: Judgment of the General Court of 27 September 2012 — Shell Petroleum and Others v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Joint control — Fines — Aggravating circumstances — Role of instigator and leader — Repeated infringement — Duration of the infringement — Rights of the defence — Unlimited jurisdiction — Conduct of the undertaking during the administrative procedure)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, administrative sanction, bituminous materials, cartel, oil industry, road building








C_2012355EN.01001401.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/14





Judgment of the General Court of 27 September 2012 — Shell Petroleum and Others v Commission
(Case T-343/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Joint control - Fines - Aggravating circumstances - Role of instigator and leader - Repeated infringement - Duration of the infringement - Rights of the defence - Unlimited jurisdiction - Conduct of the undertaking during the administrative procedure)
2012/C 355/23
Language of the case: English

Parties


Applicants: Shell Petroleum NV (The Hague, Netherlands), The Shell Transport and Trading Company Ltd (London, United Kingdom) and Shell Nederland Verkoopmaatschappij BV (Rotterdam, Netherlands) (represented: initially by O. Brouwer, W. Knibbeler and S. Verschuur, and subsequently by O. Brouwer, W. Knibbeler and P. van den Berg, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, Agent, and by L. Gyselen, lawyer)

Re:

APPLICATION, principally, for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it concerns the applicants, and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:






1.


Annuls Article 2(l) of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)) in so far as it sets the fine imposed on Shell Petroleum NV, The Shell Transport and Trading Company Ltd and Shell Nederland Verkoopmaatschappij BV at EUR 108 million;










2.


Reduces the fine imposed on Shell Petroleum, The Shell Transport and Trading Company and Shell Nederland Verkoopmaatschappij by Article 2(l) of that decision to EUR 81 million;










3.


Dismisses the action as to the remainder;










4.


Orders each party to bear its own costs.






(1)  OJ C 20, 27.1.2007.
Case T-354/06: Judgment of the General Court of 27 September 2012 — BAM NBM Wegenbouw and HBG Civiel v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Existence and classification of an agreement — Restriction of competition — Guidelines on horizontal cooperation agreements — Rights of the defence — Fines — Duration of the infringement)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001602.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/16





Judgment of the General Court of 27 September 2012 — BAM NBM Wegenbouw and HBG Civiel v Commission
(Case T-354/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Existence and classification of an agreement - Restriction of competition - Guidelines on horizontal cooperation agreements - Rights of the defence - Fines - Duration of the infringement)
2012/C 355/30
Language of the case: Dutch

Parties


Applicants: BAM NBM Wegenbouw BV (Bunnik, Netherlands); and HBG Civiel BV (Gouda, Netherlands) (represented by: M. Biesheuvel and J. de Pree, lawyers)

Defendant: European Commission (represented by: A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BAM NBM Wegenbouw BV and HBG Civiel BV to pay the costs.






(1)  OJ C 20, 27.1.2007.
Case F-104/12: Action brought on 27 September 2012 — ZZ v Europol
Date: 2012-09-27
Institutions: Civil Service Tribunal
Subjects: European civil service, Europol, enforcement of ruling, indemnification








C_2013026EN.01007002.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/70





Action brought on 27 September 2012 — ZZ v Europol
(Case F-104/12)
2013/C 26/142
Language of the case: Dutch

Parties


Applicant: ZZ (represented by: W.J. Dammingh and N.D. Dane, lawyers)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of Europol’s decision, taken to implement the judgment of the Civil Service Tribunal of 29 June 2010 in Case F-27/09 Hanschmann v Europol, by which Europol granted the applicant a lump sum by way of compensation for the harm caused to him by the decision annulled by that judgment

Form of order sought

The applicant claims that the Tribunal should:






—


Annul the decision of 28 November 2011 by which the defendant awards the applicant EUR 13 000 in respect of compensation for the damage which he suffered, as full implementation of an earlier judgment of the Civil Service Tribunal, and the decision of 29 June 2012 by which the complaint brought by the applicant against the decision of 28 November 2011 was rejected;










—


order Europol to pay the costs, including the salary of the legal representative.
Case T-352/06: Judgment of the General Court of 27 September 2012 — Dura Vermeer Infra v Commission (Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Rights of the defence)
Date: 2012-09-27
Institutions: General Court
Subjects: Netherlands, bituminous materials, oil industry, price agreement, road building, unlawful agreement








C_2012355EN.01001503.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/15





Judgment of the General Court of 27 September 2012 — Dura Vermeer Infra v Commission
(Case T-352/06) (1)

(Competition - Agreements, decisions and concerted practices - Netherlands market in road pavement bitumen - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Rights of the defence)
2012/C 355/28
Language of the case: Dutch

Parties


Applicant: Dura Vermeer Infra BV (Hoofddorp, Netherlands) (represented by: M. Slotboom, lawyer)

Defendant: European Commission (represented: initially by A. Bouquet and A. Nijenhuis, Agents, and by F. Wijckmans, F. Tuytschaever and L. Gyselen, lawyers, and subsequently by A. Bouquet, A. Nijenhuis and F. Ronkes Agerbeek, Agents, and by F. Wijckmans and F. Tuytschaever)

Re:

Application for annulment of Commission Decision C(2006) 4090 final of 13 September 2006 relating to a proceeding under Article 81 [EC] (Case COMP/F/38.456 — Bitumen (Netherlands)), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dura Vermeer Infra BV to pay the costs.






(1)  OJ C 20, 27.1.2007.