do-me/EUR-LEX huggingface dataset:
Case T-325/10: Judgment of the General Court of 16 September 2013 — Iliad and Others v Commission (State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation)
Date: 2013-09-16
Institutions: General Court
Subjects: France, State aid, control of State aid, public service, services of general interest, transmission network








C_2013336EN.01001802.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/18





Judgment of the General Court of 16 September 2013 — Iliad and Others v Commission
(Case T-325/10) (1)

(State Aid - Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties - Altmark judgment - Service of general economic interest - Market failure - Overcompensation)
2013/C 336/36
Language of the case: French

Parties


Applicants: Iliad (Paris, France); Free infrastructure (Paris); and Free (Paris) (represented by: T. Cabot, lawyer)

Defendant: European Commission (represented by: B. Stromsky and C. Urraca Caviedes, acting as Agents)

Interveners in support of the defendant: The French Republic (represented: initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas and J. Bousin, acting as Agents); the Republic of Poland (represented initally by M. Szpunar and B. Majczyna, and subsequently by B. Majczyna, acting as Agents); the Hauts-de-Seine department (France) (represented by: J.-D. Bloch and G. O’Mahony, lawyers)

Re:

Application for annulment of Commission Decision C(2009) 7426 final of 30 September 2009 concerning the compensation for public service costs for the establishment and operation of a very high-speed broadband electronic communications network in the Hauts-de-Seine department (State Aid N 331/2008 — France).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Iliad, Free infrastructure and Free to bear their own costs and to pay those incurred by the European Commission;










3.


Orders the Hauts-de-Seine department, the French Republic and the Republic of Poland to pay their own costs.






(1)  OJ C 288, 23.10.2010.
Commission Implementing Regulation (EU) No 911/2013 of 16 September 2013 entering a name in the register of protected designations of origin and protected geographical indications (Weideochse vom Limpurger Rind (PDO))
Date: 2013-09-16
Institutions: European Commission
Subjects: Germany, beef animal, designation of origin, fresh meat, product designation








L_2013252EN.01000301.xml










24.9.2013   


EN


Official Journal of the European Union


L 252/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 911/2013
of 16 September 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Weideochse vom Limpurger Rind (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Weideochse vom Limpurger Rind’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name ‘Weideochse vom Limpurger Rind’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 370, 30.11.2012, p. 10.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1.   Fresh meat (and offal)

GERMANY
Weideochse vom Limpurger Rind (PDO)
Case T-211/12: Order of the General Court of 16 September 2013 — Hübner v OHIM — Silesia Gerhard Hanke (Original silecia Kieselsäure-Gel) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2013336EN.01002303.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/23





Order of the General Court of 16 September 2013 — Hübner v OHIM — Silesia Gerhard Hanke (Original silecia Kieselsäure-Gel)
(Case T-211/12) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)
2013/C 336/49
Language of the case: German

Parties


Applicant: Anton Hübner GmBH & Co KG (Ehrenkirchen, Germany) (represented: initially by A. Kirchgäßner and subsequently by R. Kunz-Hallstein, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Silesia Gerhard Hanke GmBH & Co KG (Norf, Germany) (represented by: H.-J. Krieger, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 351/2011-1) concerning opposition proceedings between Silesia Gerhard Hanke GmBH & Co KG and Anton Hübner GmBH & Co KG.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The applicant and the intervener are ordered to bear their own costs and, each of them, to bear half of the defendant’s costs.






(1)  OJ C 209, 14.7.2012.
Case T-222/12: Order of the General Court of 16 September 2013 — National Trust for Scotland v OHIM — Comhairle nan Eilean Siar (ST KILDA)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, political institution, registered trade mark, trade-mark law








C_2013336EN.01003001.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/30





Order of the General Court of 16 September 2013 — National Trust for Scotland v OHIM — Comhairle nan Eilean Siar (ST KILDA)
(Case T-222/12) (1)

2013/C 336/64
Language of the case: English
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 227, 28.7.2012.
Commission Implementing Regulation (EU) No 888/2013 of 16 September 2013 entering a name in the register of protected designations of origin and protected geographical indications (Oignon de Roscoff (PDO))
Date: 2013-09-16
Institutions: European Commission
Subjects: France, bulb vegetable, designation of origin, product designation








L_2013247EN.01002001.xml










18.9.2013   


EN


Official Journal of the European Union


L 247/20








            COMMISSION IMPLEMENTING REGULATION (EU) No 888/2013
of 16 September 2013
         
entering a name in the register of protected designations of origin and protected geographical indications (Oignon de Roscoff (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


Pursuant to Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Oignon de Roscoff’ was published in the Official Journal of the European Union (3).












(3)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name ‘Oignon de Roscoff’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 September 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ C 334, 31.10.2012, p. 11.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Oignon de Roscoff (PDO)
Case T-2/07: Judgment of the General Court of 16 September 2013 — Spain v Commission (Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning the clearance of the hydrographical basin of Júcar (Spain) — Partial withdrawal of financial assistance — Public works contracts — Award criteria — Economically most advantageous tender — Equal treatment — Transparency — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation (EC) No 1164/94 — Proportionality)
Date: 2013-09-16
Institutions: General Court
Subjects: Cohesion Fund, Spain, award of contract, decontamination, equal treatment, financial aid, hydrology, suspension of aid, watercourse, works contract








C_2013325EN.01001902.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/19





Judgment of the General Court of 16 September 2013 — Spain v Commission
(Case T-2/07) (1)

(Cohesion fund - Regulation (EC) No 1164/94 - Projects concerning the clearance of the hydrographical basin of Júcar (Spain) - Partial withdrawal of financial assistance - Public works contracts - Award criteria - Economically most advantageous tender - Equal treatment - Transparency - Eligibility of expenditure - Determination of the financial corrections - Article H(2) of Annex II of Regulation (EC) No 1164/94 - Proportionality)
2013/C 325/31
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)

Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, Agents, and M. Canal Fontcuberta, lawyer, then A. Steiblytė and S. Pardo Quintillán, Agents)

Re:

Application for annulment of Commission Decision C(2006) 5102 of 20 October 2006, reducing the financial assistance from the Cohesion Fund to the group of projects bearing the reference 2001.ES.16.C.PE.050 and concerning the clearance of the hydrographical basin of Júcar (Spain).

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 56, 10.3.2007.
2013/457/EU: Council Decision of 16 September 2013 appointing a Judge to the European Union Civil Service Tribunal
Date: 2013-09-16
Institutions: Council of the European Union
Subjects: Civil Service Tribunal, appointment of members, judge, member of the Court of Justice (EU)








L_2013247EN.01003701.xml










18.9.2013   


EN


Official Journal of the European Union


L 247/37








            COUNCIL DECISION
         
of 16 September 2013
         
appointing a Judge to the European Union Civil Service Tribunal
(2013/457/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fourth paragraph of Article 257 thereof,


Having regards to the Treaty establishing the European Atomic Energy Community, and in particular paragraph 1 of Article 106a thereof,

Whereas:







(1)


Under Articles 2 and 3(1) of the Annex I to Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, and following the resignation with effect from 1 October 2013 of Ms Irena BORUTA, a judge of the European Union Civil Service Tribunal (hereinafter referred to as ‘the Civil Service Tribunal’) should be appointed for the period from 1 October 2013 to 30 September 2019.












(2)


A public call for applications (1) was issued.












(3)


The Committee provided for by Article 3(3) of Annex I to Protocol No 3 met on 4 and 5 June and on 2 and 3 July 2013. Following its discussions, it delivered an opinion on the candidates’ suitability to perform the duties of a Judge of the Civil Service Tribunal to which opinion it appended a list of candidates having the most appropriate high-level experience.












(4)


It is therefore appropriate to appoint one of the persons included on that list as Judge of the Civil Service Tribunal, for the period from 1 October 2013 to 30 September 2019, ensuring a balanced composition of the Civil Service Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented,





HAS ADOPTED THIS DECISION:



Article 1
Mr Jesper SVENNINGSEN is hereby appointed as Judge to the European Union Civil Service Tribunal for the period from 1 October 2013 to 30 September 2019.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 16 September 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ C 82, 21.3.2013, p. 5.
Case T-258/10: Judgment of the General Court of 16 September 2013 — Orange v Commission (State Aid — Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Altmark judgment — Service of general economic interest — Market failure — Overcompensation)
Date: 2013-09-16
Institutions: General Court
Subjects: France, State aid, control of State aid, public service, services of general interest, transmission network








C_2013336EN.01001801.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/18





Judgment of the General Court of 16 September 2013 — Orange v Commission
(Case T-258/10) (1)

(State Aid - Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties - Altmark judgment - Service of general economic interest - Market failure - Overcompensation)
2013/C 336/35
Language of the case: French

Parties


Applicant: Orange, formerly France Télécom (Paris, France) (represented: initially by M van der Woude and D. Gillet, and subsequently by D. Gillet and H. Viaene, lawyers)

Defendant: European Commission (represented by: B. Stromsky and C. Urraca Caviedes, acting as Agents)

Interveners in support of the defendant: The French Republic (represented: initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas and J. Bousin, acting as Agents); the Hauts-de-Seine department (France) (represented by: J.-D. Bloch and G. O’Mahony, lawyers); and Sequalum SAS (Puteaux, France) (represented by: L. Feldman, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 7426 final of 30 September 2009 concerning the compensation for public service costs for the establishment and operation of a very high-speed broadband electronic communications network in the Hauts-de-Seine department (State Aid N 331/2008 — France).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Orange to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Hauts-de-Seine department, Sequalum SAS and the French Republic to pay their own costs.






(1)  OJ C 234, 28.8.2010.
Case T-364/10: Judgment of the General Court of 16 September 2013 — Duravit and Others 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 — Single and continuous infringement — Burden of proof — Fines — Equal treatment — Proportionality — Principle that penalties must have a proper legal basis)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002301.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/23





Judgment of the General Court of 16 September 2013 — Duravit and Others v Commission
(Case T-364/10) (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 - Single and continuous infringement - Burden of proof - Fines - Equal treatment - Proportionality - Principle that penalties must have a proper legal basis)
2013/C 325/38
Language of the case: German

Parties


Applicants: Duravit AG (Hornberg, Germany); Duravit SA (Bischwiller, France); and Duravit BeLux SPRL/BVBA (Overijse, Belgium) (represented by: R. Bechtold, U. Soltész and C. von Köckritz, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and A. Antoniadis, Agents, assisted by P. Thyri, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and F. Florindo Gijón, 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 applicants in that decision.

Operative part of the judgment

The Court:






1.


Annuls point (8) of Article 1(1) 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 finds that Duravit AG, Duravit BeLux SPRL/BVBA and Duravit SA participated in an infringement in Italy, Austria and the Netherlands;










2.


Dismisses the action as to the remainder;










3.


Orders Duravit AG, Duravit BeLux and Duravit SA to bear three quarters of their own costs;










4.


Orders the Commission to pay one quarter of the costs incurred by Duravit AG, Duravit BeLux and Duravit SA and to bear its own costs;










5.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 288, 23.10.2010.
Case T-153/12: Order of the General Court of 16 September 2013 — Microsoft v OHIM — Sky IP International (SKYDRIVE) (Community trade mark — Withdrawal of the application for registration — No need to adjudicate)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2013344EN.01005503.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/55





Order of the General Court of 16 September 2013 — Microsoft v OHIM — Sky IP International (SKYDRIVE)
(Case T-153/12) (1)

(Community trade mark - Withdrawal of the application for registration - No need to adjudicate)
2013/C 344/99
Language of the case: English

Parties


Applicant: Microsoft Corp. (Redmond, Washington, United States) (represented by: A. Carboni and J. Colbourn, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Sky IP International Ltd (Isleworth, United Kingdom) (represented by: V. Baxter and D. Rose, Solicitors, and P. Roberts, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (case R 2293/2010-1), relating to opposition proceedings between Sky IP International Ltd and Microsoft Corp.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant and the intervener shall bear their own costs and shall each pay half of the costs incurred by the defendant.






(1)  OJ C 184, 23.6.2012.