do-me/EUR-LEX huggingface dataset:
Case T-497/07: Judgment of the General Court of 16 September 2013 — CEPSA v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Translation of the statement of objections — Imputability of the unlawful conduct — Reasonable period — Principle of impartiality — Calculation of the amount of the fine — Res judicata)
Date: 2013-09-16
Institutions: General Court
Subjects: bituminous materials, control of restrictive practices, fine, market-sharing agreement, price agreement, rights of the defence








C_2013336EN.01001501.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/15





Judgment of the General Court of 16 September 2013 — CEPSA v Commission
(Case T-497/07) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Annual market-sharing and price-fixing agreements - Translation of the statement of objections - Imputability of the unlawful conduct - Reasonable period - Principle of impartiality - Calculation of the amount of the fine - Res judicata)
2013/C 336/29
Language of the case: Spanish

Parties


Applicant: Compañía Española de Petróleos (CEPSA), SA (Madrid, Spain) (represented: initially by O. Armengol i Gasull, P. Pérez-Llorca Zamora and Á. Pascual Morcillo, subsequently by O. Armengol i Gasull and J. Rodríguez Cárcamo, lawyers)

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

Re:

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

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Dismisses the claim of the European Commission regarding the amount of the fine.










3.


Orders Compañía Española de Petróleos (CEPSA), SA to pay the costs.






(1)  OJ C 64, 8.3.2008.
Joined Cases F-20/12 and F-43/12: Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Wurster v EIGE (Civil Service — Staff of the EIGE — Temporary staff — Procedure to assess the management capabilities of staff of the EIGE recently appointed to a middle management post — Reassignment to a non-management post — Right to be heard — Scope of the law — Finding of the Tribunal of its own motion — Substitution of grounds made by the Tribunal of its own motion)
Date: 2013-09-16
Institutions: Civil Service Tribunal
Subjects: demotion, reassignment, servant (EU)








C_2014071EN.01003101.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/31






Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — Wurster v EIGE
(Joined Cases F-20/12 and F-43/12) (1)

(Civil Service - Staff of the EIGE - Temporary staff - Procedure to assess the management capabilities of staff of the EIGE recently appointed to a middle management post - Reassignment to a non-management post - Right to be heard - Scope of the law - Finding of the Tribunal of its own motion - Substitution of grounds made by the Tribunal of its own motion)
(2014/C 71/58)
Language of the case: French

Parties


Applicant: Barbara Wurster (Vilnius, Lithuania) (represented initially by: T. Bontinck and S. Woog, lawyers, and subsequently by: T. Bontinck and S. Greco, lawyers)

Defendant: European Institute for Gender Equality (EIGE) (represented by: M. Velardo, lawyer)

Re:

Firstly, application for the annulment of the defendant’s decision to reassign the applicant from the position of Head of Operations to a Team Leader position not requiring managerial skills. Secondly, application to annul the decision of the Director of the EIGE rejecting the applicant’s claim for the management allowance for the period between 1 June and 30 September 2011.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the Director of the European Institute for Gender Equality of 8 September 2011 to reassign Ms Wurster to the post of Team Leader of the Research and Documentation Centre;










2.


Dismisses the remainder of the action;










3.


Orders the European Institute for Gender Equality to bear its own costs and to pay the costs incurred by Ms Wurster.






(1)  OJ C 138, 12.5.2012, p. 35; OJ C 200, 7.7.2012, p. 21.
Case T-378/10: Judgment of the General Court of 16 September 2013 — Masco 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 infringement)
Date: 2013-09-16
Institutions: General Court
Subjects: exchange of information, plumbing equipment, price increase, restriction on competition, selling price, trade information








C_2013325EN.01002601.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/26





Judgment of the General Court of 16 September 2013 — Masco and Others v Commission
(Case T-378/10) (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 infringement)
2013/C 325/43
Language of the case: English

Parties


Applicants: Masco Corp. (Michigan, United States of America); Hansgrohe AG (Schiltach, Germany); Hansgrohe Deutschland Vertriebs GmbH (Schiltach); Hansgrohe Handelsgesellschaft mbH (Wiener Neudorf, Austria); Hansgrohe SA/NV (Brussels, Belgium); Hansgrohe BV (Westknollendam, Netherlands); Hansgrohe SARL (Antony, France); Hansgrohe SRL (Villanova d’Asti, Italy); Hüppe GmbH (Bad Zwischenahn, Germany); Hüppe Ges.mbH (Laxenburg, Austria); Hüppe Belgium SA (Woluwé Saint-Étienne, Belgium); Hüppe BV (Alblasserdam, Netherlands) (represented by: D. Schroeder, S. Heinz, lawyers, and J. Temple Lang, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre and F. Ronkes Agerbeek, Agents, assisted by B. Kennelly, Barrister)

Re:

Application for annulment in part of Article 1 of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 EEA (Case COMP/39.092 — Bathroom Fittings and Fixtures), in so far as the Commission finds that the applicants participated in a single complex infringement in the bathroom fittings and fixtures sector.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Masco Corp., Hansgrohe AG, Hansgrohe Deutschland Vertriebs GmbH, Hansgrohe Handelsgesellschaft mbH, Hansgrohe SA/NV, Hansgrohe BV, Hansgrohe SARL, Hansgrohe SRL, Hüppe GmbH, Hüppe Ges.mbH, Hüppe Belgium SA and Hüppe BV to bear their own costs and to pay those incurred by the European Commission.






(1)  OJ C 301, 6.11.2010.
Case T-495/13: 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.01006101.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/61





Action brought on 16 September 2013 — Sales & Solutions v OHIM — Inceda Holding (Watt)
(Case T-495/13)
2013/C 344/112
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 1193/2012-4;










—


Order the intervener to pay the costs including the costs 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 word mark ‘Watt’ for services in Classes 35, 39 and 42 — Community trade mark No 1 090 471

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-396/10: Judgment of the General Court of 16 September 2013 — Zucchetti Rubinetteria 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 — Concept of infringement — Single infringement — Relevant market — 2006 Guidelines on the method of setting fines — Gravity — Multipliers)
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.01002802.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/28





Judgment of the General Court of 16 September 2013 — Zucchetti Rubinetteria v Commission
(Case T-396/10) (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 - Concept of infringement - Single infringement - Relevant market - 2006 Guidelines on the method of setting fines - Gravity - Multipliers)
2013/C 325/47
Language of the case: Italian

Parties


Applicant: Zucchetti Rubinetteria SpA (Gozzano, Italy) (represented by: M. Condinanzi, P. Ziotti and N. Vasile, 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 it.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Zucchetti Rubinetteria SpA to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 301, 6.11.2010.
Case F-84/12: Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — CN v Council (Civil service — Article 78 of the Statute — Invalidity Committee — Medical report — Medical data of a psychiatric or psychological nature — Confidentiality of medical information — Access — Action for annulment — Action for damages)
Date: 2013-09-16
Institutions: Civil Service Tribunal
Subjects: European civil service, access to EU information, medical data, professional secret, report








C_2014071EN.01003302.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/33






Judgment of the Civil Service Tribunal (Second Chamber) of 16 September 2013 — CN v Council
(Case F-84/12) (1)

(Civil service - Article 78 of the Statute - Invalidity Committee - Medical report - Medical data of a psychiatric or psychological nature - Confidentiality of medical information - Access - Action for annulment - Action for damages)
(2014/C 71/64)
Language of the case: French

Parties


Applicant: CN (Brumath, France) (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union (represented by: J. Herrmann and M. Bauer, acting as Agents)

Re:

Application for annulment of the decision refusing the applicant direct access to the final report of the findings of the Invalidity Committee and access to the diagnosis of the third doctor of that committee.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders CN to bear his own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 295, 29.09.2012 p. 35.
Case T-497/13: Action brought on 16 September 2013 — Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2013344EN.01006201.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/62





Action brought on 16 September 2013 — Boston Scientific Neuromodulation v OHIM (PRECISION SPECTRA)
(Case T-497/13)
2013/C 344/114
Language of the case: English

Parties


Applicant: Boston Scientific Neuromodulation Corp. (Valencia, United States) (represented by: P. Rath and W. Festl-Wietek, lawyers)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 given in Case R 2099/2012-5;










—


Declare Community trade mark application 009725912 to be eligible for registration; and










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘PRECISION SPECTRA’ for goods and services in Classes 9 and 10 — Community trade mark application No 9 725 912

Decision of the Examiner: Partially refused the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of 7(1)(b), (c) and 65(2) CTMR.
Case T-489/13: Action brought on 16 September 2013 — La Rioja Alta v OHIM — Aldi Einkauf (VIÑA ALBERDI)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2013336EN.01002702.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/27





Action brought on 16 September 2013 — La Rioja Alta v OHIM — Aldi Einkauf (VIÑA ALBERDI)
(Case T-489/13)
2013/C 336/58
Language in which the application was lodged: Spanish

Parties


Applicant: La Rioja Alta, SA (Haro, Spain) (represented by: F. Pérez Álvarez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aldi Einkauf GmbH & Co. OHG (Essen, Germany)

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of the Fourth Board of Appeal of OHIM in Case R 1190/2011-4 of 9 July 2013;










—


declare valid Community trade mark No 3 189 065‘VIÑA ALBERDI’ for ‘Alcoholic beverages (except beers), except wines from Italy’ in Class 33 of the International Nice Classification;










—


order OHIM and the other parties before the Court to pay the costs of these proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘VIÑA ALBERDI’ for goods in Classes 30, 32 and 33 — Community trade mark registration No 3 189 065

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Aldi Einkauf GmbH & Co. OHG

Grounds for the application for a declaration of invalidity: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation — Figurative mark with the word elements ‘VILLA ALBERTI’

Decision of the Cancellation Division: Application upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in conjunction with Article 53(1)(a) and (b) of the same regulation
Case T-496/07: Judgment of the General Court of 16 September 2013 — Repsol Lubricantes y Especialidades and Others v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Annual market-sharing and price-fixing agreements — Rights of defence — Imputability of the unlawful conduct — Principle that penalties must be specific to the offender — Calculation of the amount of the fine — Res judicata)
Date: 2013-09-16
Institutions: General Court
Subjects: bituminous materials, control of restrictive practices, fine, market-sharing agreement, price agreement, rights of the defence








C_2013336EN.01001402.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/14





Judgment of the General Court of 16 September 2013 — Repsol Lubricantes y Especialidades and Others v Commission
(Case T-496/07) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for penetration bitumen - Annual market-sharing and price-fixing agreements - Rights of defence - Imputability of the unlawful conduct - Principle that penalties must be specific to the offender - Calculation of the amount of the fine - Res judicata)
2013/C 336/28
Language of the case: Spanish

Parties


Applicants: Repsol Lubricantes y Especialidades, SA, formerly Repsol Lubricantes YPF y Especialidades, SA (Madrid, Spain); Repsol Petróleo, SA (Madrid); and Repsol, SA, formerly Repsol YPF, SA (Madrid) (represented by: L. Ortiz Blanco, J. Buendía Sierra, M. Muñoz de Juan and Á. Givaja Sanz, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and C. Urraca Caviedes, acting as Agents)

Re:

Application for annulment of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP-38.710 Bitumen (Spain)), and for reduction in the amount of the fine imposed on the applicant in 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 Repsol Lubricantes y Especialidades, SA, Repsol Petróleo, SA and Repsol, SA to pay the costs.






(1)  OJ C 64, 8.3.2008.
Case T-486/09: Judgment of the General Court of 16 September 2013 — Poland v Commission (EAGGF — Guarantee Section — EAGF and EAFRD — Expenditure excluded from financing — Rural development measures — Less favoured areas and agri-environment — Flat-rate financial correction — Expenditure incurred by Poland — Control reports — Effectiveness of controls — System of penalties — Obligation to state reasons)
Date: 2013-09-16
Institutions: General Court
Subjects: EAFRD, EAGF, Poland, agricultural expenditure, eligibility criteria, less-favoured region, management audit, rural development








C_2013325EN.01002102.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/21





Judgment of the General Court of 16 September 2013 — Poland v Commission
(Case T-486/09) (1)

(EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Rural development measures - Less favoured areas and agri-environment - Flat-rate financial correction - Expenditure incurred by Poland - Control reports - Effectiveness of controls - System of penalties - Obligation to state reasons)
2013/C 325/35
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented: initially by M. Szpunar, subsequently by M. Szpunar and B. Majczyna, and lastly by B. Majczyna and S. Balcerak, Agents)

Defendant: European Commission (represented by: P. Rossi and M. Owsiany-Hornung, Agents)

Re:

Application for annulment in part of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2009 L 257, p. 28).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 51, 27.2.2010.
Case T-496/13: Action brought on 16 September 2013 — McCullough v Cedefop
Date: 2013-09-16
Institutions: General Court
Subjects: access to EU information, criminal procedure, fraud against the EU








C_2013344EN.01006102.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/61





Action brought on 16 September 2013 — McCullough v Cedefop
(Case T-496/13)
2013/C 344/113
Language of the case: English

Parties


Applicant: Colin Boyd McCullough (Thessaloniki, Greece) (represented by: G. Matsos, Lawyer)

Defendant: European Centre for the Development of Vocational Training

Form of order sought

The applicant claims that the Court should:






—


Annul Cedefop’s refusal dated 15 July 2013, to grant to the applicant access to certain documents;










—


Order Cedefop to provide to the applicant the requested documents;










—


Authorise according to Article 1(3) of the Protocol on the Privileges and Immunities of the European Union that the Greek national authorities may violate the premises and buildings of Cedefop, with the purpose of locating and providing the documents at issue and of investigating possible crimes, which may have been committed by any person in relation thereto; and










—


Order Cedefop to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that Cedefop has infringed EU law in the contested decision through erroneous interpretation of Art. 4(1)(b) of Regulation (EC) No 1049/2001.










2.


Second plea in law, alleging that Cedefop has infringed EU law through erroneous interpretation of Art. 4(3) of Regulation (EC) No 1049/2001.










3.


Third plea in law, alleging that the behaviour of the Acting Director of Cedefop is at least questionable, when he claims that it is questionable whether the KMS-Steering Group Meetings Minutes, among the requested documents, have ever existed, as he should be aware of their existence (or non-existence), because he was Deputy Director of Cedefop during a long period (one year) that such documents were being produced. Such behaviour makes the investigation of the premises of Cedefop by the competent national authorities necessary.










4.


Fourth plea in law, alleging that Cedefop has failed to adopt practical arrangements for implementing Council Regulation (EC) No 1049/2001 and that the respective Detailed Rules, which the Commission has adopted should be applied by analogy.










5.


Fifth plea in law, alleging that Cedefop’s refusal to provide access to the requested documents violates the applicant’s rights as a Defendant in criminal proceedings.