do-me/EUR-LEX huggingface dataset:
Case T-411/10: Judgment of the General Court of 16 September 2013 — Laufen Austria v Commission (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)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002902.xml










9.11.2013   


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.
Case T-494/13: Action brought on 16 September 2013 — Sales & Solutions v OHIM — Inceda Holding (watt)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, business management, registered trade mark, trade-mark law








C_2013344EN.01006002.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/60





Action brought on 16 September 2013 — Sales & Solutions v OHIM — Inceda Holding (watt)
(Case T-494/13)
2013/C 344/111
Language in which the application was lodged: German

Parties


Applicant: Sales & Solutions (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Inceda Holding (Cologne, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision of the Fourth Board of Appeal of OHIM of 15 July 2013 in appeal proceedings R 1192/2012-4;










—


Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark ‘watt’ for services in Classes 35, 39 and 42 — Community trade mark No 3 820 313

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Inceda Holding

Grounds for the application for a declaration of invalidity: Article 52(1)(a) in conjunction with Article 7(1)(b), (c) and (d) of Regulation No 207/2009

Decision of the Cancellation Division: the mark concerned was declared invalid

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
Case T-412/10: Judgment of the General Court of 16 September 2013 — Roca v Commission (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 the unlawful conduct — Fines — 2006 Guidelines on the method of setting fines — Gravity of the infringement — Mitigating circumstances — Economic crisis — 2002 Leniency Notice — Reduction of the fine — Significant added value)
Date: 2013-09-16
Institutions: General Court
Subjects: cartel, exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01003001.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/30





Judgment of the General Court of 16 September 2013 — Roca v Commission
(Case T-412/10) (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 the unlawful conduct - Fines - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Mitigating circumstances - Economic crisis - 2002 Leniency Notice - Reduction of the fine - Significant added value)
2013/C 325/50
Language of the case: Spanish

Parties


Applicant: Roca (Saint Ouen l’Aumône, France) (represented by: P. Vidal Martínez, lawyer)

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.


Annuls Article 2(4)(b) 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 the European Commission set the amount of the fine to be imposed on Roca jointly and severally without taking account of its cooperation;










2.


Sets the amount of the fine imposed on Roca in Article 2(4)(b) of Decision C(2010) 4185 final at EUR 6 298 000;










3.


Dismisses the action as to the remainder;










4.


Orders the Commission to pay one third of the costs incurred by Roca and to bear its own costs;










5.


Orders Roca to bear two thirds of its own costs.






(1)  OJ C 301, 6.11.2010.
Case T-495/07: Judgment of the General Court (Eighth Chamber) of 16 September 2013 — PROAS v European Commission (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 agreements — Translation of the statement of objections — Calculation of the amount of the fine — Reasonable time — Res judicata)
Date: 2013-09-16
Institutions: General Court
Subjects: bituminous materials, control of restrictive practices, fine, market-sharing agreement, price agreement, sanction (EU)








C_2013336EN.01001401.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/14





Judgment of the General Court (Eighth Chamber) of 16 September 2013 — PROAS v European Commission
(Case T-495/07) (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 agreements - Translation of the statement of objections - Calculation of the amount of the fine - Reasonable time - Res judicata)
2013/C 336/27
Language of the case: Spanish

Parties


Applicant: Productos Asfálticos (PROAS), SA (Madrid, Spain) (represented: initially by C. Fernández Vicién, A. Pereda Miquel and P. Carmona Botana, then C. Fernández Vicién and A. Pereda Miquel and finally C. Fernández Vicién, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, acting as Agent, assisted initially by J. Rivas Andrés, lawyer, and M. Heenan Bróna, Solicitor, then J. Rivas Andrés and J. Gutiérrez Gisbert, lawyers, and finally J. Rivas Andrés)

Re:

Application for annulment of Decision C(2007) 4441 final of the Commission, of 3 October 2007, relating to a procedure of application of Article 81 (EC) [Case COMP/38.710 — Bitumen (Spain)], and the reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Dismisses the claim of the European Commission seeking an increase of the amount of the fine.










3.


Orders Productos Asfálticos (PROAS), SA to pay the costs.






(1)  OJ C 64, 8.3.2008.
Case T-31/13 P: Order of the General Court of 16 September 2013 — Bouillez v Council (Appeal — Civil service — Officials — Promotion — 2007 promotion year — Decision not to promote the appellant to Grade AST 7 — Obligation to state reasons — Article 266 TFEU — Article 45 of the Staff Regulations — Contradictory reasons — Comparative examination of the merits — Appeal in part clearly inadmissible and in part clearly unfounded)
Date: 2013-09-16
Institutions: General Court
Subjects: European civil service, examination, professional qualifications, promotion, staff assessment








C_2013336EN.01002501.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/25





Order of the General Court of 16 September 2013 — Bouillez v Council
(Case T-31/13 P) (1)

(Appeal - Civil service - Officials - Promotion - 2007 promotion year - Decision not to promote the appellant to Grade AST 7 - Obligation to state reasons - Article 266 TFEU - Article 45 of the Staff Regulations - Contradictory reasons - Comparative examination of the merits - Appeal in part clearly inadmissible and in part clearly unfounded)
2013/C 336/53
Language of the case: French

Parties


Appellant: Vincent Bouillez (Overijse, Belgium) (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Other party: Council of the European Union (represented by: M. Bauer and A. Bisch, acting as Agents)

Re:

Appeal brought against the decision of the European Union Civil Service Tribunal (Third Chamber) of 14 November 2012 in Case F-75/11 Bouillez v Council (not yet published in the ECR), and seeking the setting aside of that judgment.

Operative part of the order







1.


The appeal is rejected.










2.


Mr Vincent Bouillez is to bear his own costs and those incurred by the Council of the European Union in these proceedings.






(1)  OJ C 86, 23.3.2013.
Case T-408/10: Judgment of the General Court of 16 September 2013 — Roca Sanitario v Commission (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 — Reduction of the fine — Significant added value)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002901.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/29





Judgment of the General Court of 16 September 2013 — Roca Sanitario v Commission
(Case T-408/10) (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 - Reduction of the fine - Significant added value)
2013/C 325/48
Language of the case: Spanish

Parties


Applicant: Roca Sanitario, SA (Barcelona, Spain) (represented by: J. Folguera Crespo and M. Merola, 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, in the alternative, for reduction of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed on Roca Sanitario, SA in Article 2(4)(b) 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) at EUR 6 298 000;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to pay, in addition to its own costs, one third of the costs incurred by Roca Sanitario;










4.


Orders Roca Sanitario to bear two-thirds of its own costs.






(1)  OJ C 301, 6.11.2010.
Joined Cases T-226/09 and T-230/09: Judgment of the General Court of 16 September 2013 — British Telecommunications and BT Pension Scheme Trustees v Commission (State aid — Partial exemption from the obligation to contribute to the Pension Protection Fund — Decision declaring the aid incompatible with the internal market — Concept of State aid — State resources — Advantage — Selective nature — Adverse effect on competition — Effect on trade between Member States — Equal treatment — Proportionality — Legitimate expectations — Obligation to state reasons — Putting into effect of the aid)
Date: 2013-09-16
Institutions: General Court
Subjects: EU law - national law, State aid, control of State aid, restriction on competition, single market, social-security contribution








C_2013325EN.01002002.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/20





Judgment of the General Court of 16 September 2013 — British Telecommunications and BT Pension Scheme Trustees v Commission
(Joined Cases T-226/09 and T-230/09) (1)

(State aid - Partial exemption from the obligation to contribute to the Pension Protection Fund - Decision declaring the aid incompatible with the internal market - Concept of State aid - State resources - Advantage - Selective nature - Adverse effect on competition - Effect on trade between Member States - Equal treatment - Proportionality - Legitimate expectations - Obligation to state reasons - Putting into effect of the aid)
2013/C 325/33
Language of the case: English

Parties


Applicants: British Telecommunications (London, United Kingdom) (represented by: G. Robert, M. Newhouse and T. Castorina, Solicitors, and by J. Holmes, Barrister, and H. Legge QC) (Case T-226/09) and BT Pension Scheme Trustees Ltd (London) (represented by: J. Derenne and A. Müller-Rappard, lawyers) (Case T-230/09)

Defendant: European Commission (represented by: L. Flynn and N. Khan, acting as Agents)

Re:

Application for annulment of Commission Decision 2009/703/EC of 11 February 2009 concerning the State aid C-55/2007 (ex NN 63/07, CP 106/06) implemented by the United Kingdom of Great Britain and Northern Ireland — Public guarantee in favour of [British Telecommunications] (OJ 2009 L 242, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


In Case T-226/09, orders British Telecommunications plc to pay the costs;










3.


In Case T-230/09, orders BT Pension Scheme Trustees Ltd to pay the costs.






(1)  OJ C 193, 15.8.2009.
Case T-418/11 P: Judgment of the General Court of 16 September 2013 — De Nicola v EIB (Appeal — Civil service — EIB staff — Sickness insurance — Refusal to reimburse medical expenses — Request to designate an independent doctor — Reasonable period — Rejection of a request to institute arbitration proceedings — Claim for setting aside — Claim for reimbursement of medical expenses — Lis pendens)
Date: 2013-09-16
Institutions: General Court
Subjects: European Investment Bank, European civil service, conciliation procedure (part of ordinary legislative procedure), health expenditure, health insurance, redemption








C_2013313EN.01002303.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/23





Judgment of the General Court of 16 September 2013 — De Nicola v EIB
(Case T-418/11 P) (1)

(Appeal - Civil service - EIB staff - Sickness insurance - Refusal to reimburse medical expenses - Request to designate an independent doctor - Reasonable period - Rejection of a request to institute arbitration proceedings - Claim for setting aside - Claim for reimbursement of medical expenses - Lis pendens)
2013/C 313/45
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-49/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Tribunal (First Chamber) in Case F-49/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the European Investment Bank (EIB) rejecting his request to designate a third doctor;










2.


Dismisses the remainder of the appeal;










3.


Annuls the EIB’s decision rejecting, on the ground of having been submitted out of time, Mr De Nicola’s request to designate a third doctor;










4.


Orders Mr De Nicola and the EIB to bear their own costs relating to the proceedings at first instance and on appeal.






(1)  OJ C 282, 24.9.2011.
Case F-92/11: Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Faita v EESC (Civil service — Psychological harassment — Request for assistance — Grounds of a decision)
Date: 2013-09-16
Institutions: Civil Service Tribunal
Subjects: European civil service, help for victims, indemnification, psychological harassment








C_2014071EN.01003001.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/30






Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Faita v EESC
(Case F-92/11) (1)

(Civil service - Psychological harassment - Request for assistance - Grounds of a decision)
(2014/C 71/56)
Language of the case: French

Parties


Applicant: Carla Faita (Brussels, Belgium) (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Economic and Social Committee (EESC) (represented by: M. Arsène and L. Camarena Januzec, acting as Agents, and by M. Troncoso Ferrer and F.-M. Hislaire, lawyers)

Re:

Application for annulment of the decision of the Economic and Social Committee refusing the applicant’s request for acknowledgement that she was the victim of misconduct, as a result of lack of assistance and a breach of the duty of care, and for measures to be taken in order to establish publicly the applicant’s merits and abilities, and a claim for damages.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Faita to bear her costs and to pay three-quarters of the costs incurred by the European Economic and Social Committee;










3.


Orders the European Economic and Social Committee to bear one quarter of its costs.






(1)  OJ C 347, 26.11.2011 p. 46.
Case T-376/10: Judgment of the General Court of 16 September 2013 — Mamoli Robinetteria v Commission (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)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, fine, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002502.xml










9.11.2013   


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.