do-me/EUR-LEX huggingface dataset:
Case C-85/15 P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Feralpi Holding SpA v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: Italy, bar, cartel, concrete, fixing of prices, limitation of legal proceedings, market-sharing agreement, price agreement, rights of the defence








C_2017392EN.01000201.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/2





Judgment of the Court (Ninth Chamber) of 21 September 2017 — Feralpi Holding SpA v European Commission
(Case C-85/15 P) (1)

((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
(2017/C 392/02)
Language of the case: Italian

Parties


Appellant: Feralpi Holding SpA (represented by: G.M. Roberti and I. Perego, avvocati)

Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by M. Moretto, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 9 December 2014, Feralpi v Commission (T-70/10, not published, EU:T:2014:1031);










2.


Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Feralpi Holding SpA;










3.


Orders the Commission to bear its own costs and to pay those incurred by Feralpi Holding SpA both at first instance and in the present appeal.






(1)  OJ C 146, 4.5.2015.
Case T-620/16: Judgment of the General Court of 21 September 2017 — the Logistical Approach v EUIPO — Idea Groupe (Idealogistic) (European trade mark — Opposition proceedings — Application for the EU figurative mark Idealogistic — Earlier national word mark idéa logistique — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) Regulation (EC) No 207/2009 — Examination of the facts of its own motion — Article 76(1) of Regulation No 207/2009)
Date: 2017-09-21
Institutions: General Court
Subjects: EU trade mark, carriage of goods, packaging, registered trade mark, storage, trade-mark law








C_2017374EN.01003401.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/34





Judgment of the General Court of 21 September 2017 — the Logistical Approach v EUIPO — Idea Groupe (Idealogistic)
(Case T-620/16) (1)

((European trade mark - Opposition proceedings - Application for the EU figurative mark Idealogistic - Earlier national word mark idéa logistique - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) Regulation (EC) No 207/2009 - Examination of the facts of its own motion - Article 76(1) of Regulation No 207/2009))
(2017/C 374/51)
Language of the case: French

Parties


Applicant: The Logistical Approach (Uden, the Netherlands) (represented by: R. Milchior, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and S. Pétrequin, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Idea Groupe (Montoir de Bretagne, France) (represented by: P. Langlais, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 June 2016 (Case R 1435/2015-4), relating to opposition proceedings between Idea Groupe and The Logistical Approach.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders The Logistical Approach BV to pay the costs.






(1)  OJ C 402, 31.10.2016.
Case C-553/17 P: Appeal brought on 21 September 2017 by Windfinder R & L Co. KG against the judgment of the General Court (Seventh Chamber) delivered on 20 July 2017 in Case T-395/16, Windfinder R & L Co. KG v European Union Intellectual Property Office
Date: 2017-09-21
Institutions: Court of Justice
Subjects: EU trade mark, information service, meteorology, registered trade mark, software, telecommunications, trade-mark law








C_2018094EN.01000201.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/2





Appeal brought on 21 September 2017 by Windfinder R & L Co. KG against the judgment of the General Court (Seventh Chamber) delivered on 20 July 2017 in Case T-395/16, Windfinder R & L Co. KG v European Union Intellectual Property Office
(Case C-553/17 P)
(2018/C 094/02)
Language of the case: German

Parties


Appellant: Windfinder R & L Co. KG (represented by: B. Schneider, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office
By order of 24 January 2018, the Court of Justice of the European Union (Tenth Chamber) dismissed the appeal and ordered the appellant to bear its own costs.
Case T-658/17: Action brought on 21 September 2017 — Stichting Against Child Trafficking v OLAF
Date: 2017-09-21
Institutions: General Court
Subjects: administrative procedure, evidence, infringement of EU law, operation of the Institutions, rights of the defence








C_2017402EN.01004802.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/48





Action brought on 21 September 2017 — Stichting Against Child Trafficking v OLAF
(Case T-658/17)
(2017/C 402/64)
Language of the case: English

Parties


Applicant: Stichting Against Child Trafficking (Nijmegen, Netherlands) (represented by: E. Agstner, lawyer)

Defendant: European Anti-Fraud Office

Form of order sought

The applicant claims that the Court should:






—


annul decision of 3 August 2017, in Case OC/2017/0451, of the European Anti-Fraud Office (OLAF) not to open an administrative investigation;










—


instruct OLAF to open an administrative investigation and depending of its findings pass the matter to national law enforcement for criminal proceedings, and/or to European Institutions for administrative proceedings










—


order OLAF to pay the costs of these proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringements of EU law and manifest errors of assessment committed by OLAF






—


The contested decision does not comply with the fundamental values of the European Union, the acquis communautaire and the United Nations convention on the rights of the child, and is based on a manifestly erroneous reading of the documents in the case-file.














2.


Second plea in law, alleging a failure to act and open investigation






—


OLAF ignores the link between the previous and current effects of EU fundings being spent on organisations and policies contrary to EU law and values.














3.


Third plea in law, based on the right to be heard






—


OLAF manifestly did not show any interest in truth-finding by refusing to call in witnesses and to meet with the applicant.














4.


Fourth plea in law, alleging infringements of procedures






—


No transcript was established with regard to the meeting of 10 September 2014 during which the applicant and two civil servants of the European Commission brought statements and supporting facts.
State aid — Decision to raise no objections
Date: 2017-09-21
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, maritime transport, tax relief








C_2017313EN.01000301.xml










21.9.2017   


EN


Official Journal of the European Union


C 313/3





State aid — Decision to raise no objections
(2017/C 313/03)
The EFTA Surveillance Authority raises no objections to the following State aid measure








Date of adoption of the decision



:


23 June 2017





Case No



:


80868





Decision No



:


109/17/COL





EFTA State



:


Norway





Title (and/or name of the beneficiary)



:


Six-month prolongation of the special tax system for shipping





Legal basis



:


The Parliamentary resolution on income and net wealth taxes, the Tax Act (LOV-1999-03-26-14) sections 8-10 to 8-20, and the Regulation to the Tax Act (FOR-1999-11-19-1158) sections 8-11, 8-13, 8-15, 8-16 and 8-20.





Type of measure



:


Scheme





Objective



:


Maritime transport





Form of aid



:


Favourable tax





Budget



:


NOK 100 million





Duration



:


1.7.2017-31.12.2017





Economic sectors



:


Maritime transport





Name and address of the granting authority



:







Skatt Øst




PO Box 1073 Valaskjold




NO-1705 Sarpsborg




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-609/15: Judgment of the General Court of 21 September 2017 — Repsol YPF v EUIPO — Basic (BASIC) (EU trade mark — Invalidity proceedings — EU figurative mark BASIC — Earlier national trade names basic and basic AG — Relative ground for refusal — Use in the course of trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
Date: 2017-09-21
Institutions: General Court
Subjects: EU trade mark, distributive trades, motor fuel, registered trade mark, trade-mark law








C_2017374EN.01002901.xml










6.11.2017   


EN


Official Journal of the European Union


C 374/29





Judgment of the General Court of 21 September 2017 — Repsol YPF v EUIPO — Basic (BASIC)
(Case T-609/15) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark BASIC - Earlier national trade names basic and basic AG - Relative ground for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))
(2017/C 374/43)
Language of the case: English

Parties


Applicant: Repsol YPF, SA (Madrid, Spain) (represented initially by J.-B. Devaureix and L. Montoya Terán, and subsequently by J. Erdozain López, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg and H. Bickel, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 11 August 2015 (Case R 2384/2013-1), relating to invalidity proceedings between Basic Lebensmittelhandel and Repsol, SA.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 August 2015 (Case R 2384/2013-1);










2.


Orders EUIPO to bear its own costs and those incurred by Repsol YPF, SA;










3.


Orders Basic AG Lebensmittelhandel to bear its own costs.






(1)  OJ C 27, 25.1.2016.
Case C-89/15 P P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Riva Fire SpA, in liquidation v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: Italy, bar, cartel, concrete, fixing of prices, limitation of legal proceedings, market-sharing agreement, price agreement, rights of the defence








C_2017392EN.01000401.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/4





Judgment of the Court (Ninth Chamber) of 21 September 2017 — Riva Fire SpA, in liquidation v European Commission
(Case C-89/15 P P) (1)

((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision - Time taken in the proceedings before the General Court))
(2017/C 392/05)
Language of the case: Italian

Parties


Appellant: Riva Fire SpA, in liquidation (represented by: M. Merola, M. Pappalardo, T. Ubaldi and M. Toniolo, avvocati)

Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by P. Manzini, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 9 December 2014, Riva Fire v Commission (T-83/10, not published, EU:T:2014:1034);










2.


Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Riva Fire SpA;










3.


Orders the European Commission to bear its own costs and to pay those incurred by Riva Fire SpA both at first instance and in the present appeal.






(1)  OJ C 146, 4.5.2015.
Case C-88/15 P P: Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriere Nord SpA v European Commission (Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: Italy, bar, cartel, concrete, fixing of prices, limitation of legal proceedings, market-sharing agreement, price agreement, rights of the defence








C_2017392EN.01000302.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/3





Judgment of the Court (Ninth Chamber) of 21 September 2017 — Ferriere Nord SpA v European Commission
(Case C-88/15 P P) (1)

((Appeal - Agreements, decisions and concerted practices - Italian producers of reinforcing bars - Fixing of prices and limiting and controlling output and sales - Infringement of Article 65 CS - Annulment of the initial decision by the General Court of the European Union - Decision re-adopted on the basis of Regulation (EC) No 1/2003 - Failure to issue a new statement of objections - Lack of a hearing following the annulment of the initial decision))
(2017/C 392/04)
Language of the case: Italian

Parties


Appellant: Ferriere Nord SpA (represented by: W. Viscardini and G. Donà, avvocati)

Other party to the proceedings: European Commission (represented by: L. Malferrari and P. Rossi, acting as Agents, assisted by M. Moretto, avvocato)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 9 December 2014, Ferriere Nord v Commission (T-90/10, not published, EU:T:2014:1035);










2.


Annuls Commission Decision C(2009) 7492 final of 30 September 2009 relating to a proceeding under Article 65 CS (Case COMP/37.956 — Reinforcing bars, re-adoption), as amended by Commission Decision C(2009) 9912 final of 8 December 2009, in so far as it concerns Ferriere Nord SpA;










3.


Orders the European Commission to bear its own costs and to pay those incurred by Ferriere Nord SpA both at first instance and in the present appeal.






(1)  OJ C 146, 4.5.2015.
Case T-645/17: Action brought on 21 September 2017 — Rodonita v Commission and SRB
Date: 2017-09-21
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017392EN.01003601.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/36





Action brought on 21 September 2017 — Rodonita v Commission and SRB
(Case T-645/17)
(2017/C 392/45)
Language of the case: Spanish

Parties


Applicant: Rodonita, SL (Coruña, Spain) (represented by: B. Gutiérrez de la Roza Pérez, P. Rubio Escobar, R. Ruiz de la Torre Esporrín and B. Fernández García, lawyers)

Defendants: European Commission and Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


Annul Decision SRB/EES/2017/08 of the Single Resolution Board taken at its executive session of 7 June 2017 adopting the resolution scheme regarding the institution Banco Popular Español, S.A.;










—


Annul Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español, S.A.;










—


Additionally, in accordance with Articles 133 and 134 of the Rules of Procedure of the General Court, order the defendants and the parties intervening in full or partial support of the form of order sought by them to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Case C-441/16: Judgment of the Court (Tenth Chamber) of 21 September 2017 (request for a preliminary ruling from the Înalta Curte de Casație şi Justiție — Romania) — SMS group GmbH v Direcţia Generală Regională a Finanțelor Publice București (Reference for a preliminary ruling — Value added tax (VAT) — Eighth Directive 79/1072/EEC — Directive 2006/112/EC — Taxable person residing in another Member State — Refund of VAT charged on imported goods — Conditions — Objective elements confirming the intention of the taxable person to use the imported goods in the course of his economic activities — Serious risk of non-completion of the transaction that justified the importation)
Date: 2017-09-21
Institutions: Court of Justice
Subjects: VAT, free movement of goods, import (EU), import tax, tax rebate, taxpayer








C_2017392EN.01001002.xml










20.11.2017   


EN


Official Journal of the European Union


C 392/10





Judgment of the Court (Tenth Chamber) of 21 September 2017 (request for a preliminary ruling from the Înalta Curte de Casație şi Justiție — Romania) — SMS group GmbH v Direcţia Generală Regională a Finanțelor Publice București
(Case C-441/16) (1)

((Reference for a preliminary ruling - Value added tax (VAT) - Eighth Directive 79/1072/EEC - Directive 2006/112/EC - Taxable person residing in another Member State - Refund of VAT charged on imported goods - Conditions - Objective elements confirming the intention of the taxable person to use the imported goods in the course of his economic activities - Serious risk of non-completion of the transaction that justified the importation))
(2017/C 392/14)
Language of the case: Romanian

Referring court

Înalta Curte de Casație şi Justiție

Parties to the main proceedings


Applicant: SMS group GmbH

Defendant: Direcţia Generală Regională a Finanțelor Publice București

Operative part of the judgment

Eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes — Arrangements for the refund of value added tax to taxable persons not established in the territory of the country, read in conjunction with Article 170 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as precluding a refusal by a Member State to refund the value added tax paid on the importation of goods to a taxable person who is not established on its territory in circumstances such as those in the main proceedings where, at the time of importation, the performance of the contract in connection with which the taxable person purchased and imported those goods was suspended, the transaction for which they were intended to be used was in the end not carried out, and the taxable person did not provide proof of their subsequent movements.


(1)  OJ C 419, 14.11.2016.
State aid — Decision to raise no objections
Date: 2017-09-21
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, air conditioning, control of State aid, energy industry, environmental protection








C_2017313EN.01000401.xml










21.9.2017   


EN


Official Journal of the European Union


C 313/4





State aid — Decision to raise no objections
(2017/C 313/04)
The EFTA Surveillance Authority raises no objections to the following State aid measure:








Date of adoption of the decision



:


27 June 2017





Case No



:


80858





Decision No



:


112/17/COL





EFTA State



:


Norway





Region



:


Municipality of Trondheim





Title (and/or name of the beneficiary)



:


Ranheim Energi AS





Legal basis



:


The Energy Fund scheme approved by the EFTA Surveillance Authority by Decision No 248/11/COL





Type of measure



:


Aid based on the Energy Fund scheme, subject to individual notification





Objective



:


Environmental protection





Form of aid



:


Grant





Budget



:


172 000 000 NOK





Intensity



:


40,7 %





Duration



:


Aid will be distributed in the period 2017-2019





Economic sectors



:


Steam and air conditioning supply





Name and address of the granting authority



:







Enova SF




Professor Brochs gate 2




NO-7030 Trondheim




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/