ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 212/23

Judgment of the General Court of 21 May 2014 — Toshiba v Commission

(Case T-519/09) (1)

((Competition - Agreements, decisions and concerted practices - Power transformers market - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Market-sharing agreement - Proof of distancing from the cartel - Restriction of competition - Effect on trade - Barriers to entry - Fines - Basic amount - Reference year - Section 18 of the 2006 Guidelines on the method of setting fines - Use of a notional market share in the EEA market))

2014/C 212/26

Language of the case: English

Parties

Applicant: Toshiba Corp. (Tokyo, Japan) (represented by: J. MacLennan, Solicitor, A. Schulz, J. Jourdan and P. Berghe, lawyers)

Defendant: European Commission (represented initially by J. Bourke and K. Mojzesowicz, and subsequently by K. Mojzesowicz and F. Ronkes Agerbeek, acting as Agents)

Re:

Application for annulment of Commission Decision of 7 October 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/39.129 — Power Transformers), and, in the alternative, for a 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) Orders Toshiba Corp. to pay the costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 15/14

Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)

(Case T-374/09) (1)

(Community trade mark - Opposition procedure - Application for Community word mark Ganeder - Earlier community word mark Ganter - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 15/18

Language of the case: German

Parties

Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 July 2009 (Case R 1289/2008-1);

2. Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;

3. Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 38/22

Judgment of the General Court of 15 December 2016 — DEI v Commission

(Case T-421/09 RENV) (1)

((Competition - Abuse of dominant position - Greek market for the supply of lignite and Greek wholesale electricity market - Decision establishing specific measures to correct the anti-competitive effects of an infringement of Article 86(1) EC, in conjunction with Article 82 EC - Article 86(3) EC - Obligation to state reasons - Proportionality - Freedom of contract))

(2017/C 038/29)

Language of the case: Greek

Parties

Applicant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: P. Anestis, lawyer)

Intervener in support of the applicant: Hellenic Republic (represented by: P. Mylonopoulos and K. Boskovits, Agents)

Defendant: European Commission (represented by: T. Christoforou, Agent, and A. Oikonomou, lawyer)

Re:

Application based on Article 263 TFEU and seeking the annulment of Commission decision C(2009) 6244 final of 4 August 2009 establishing specific measures to correct the anti-competitive effects of the infringement identified in the Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of DEI for the extraction of lignite.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dimosia Epicheirisi Ilektrismou AE (DEI), in addition to bearing its own costs, to pay those incurred by the European Commission;

3. Declares that the Hellenic Republic is to bear its own costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 46/41

Judgment of the General Court of 11 December 2014 — Formula One Licensing v OHIM — ESPN Sports Media (F1-LIVE)

(Case T-10/09 RENV) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark F1-LIVE - Earlier Community figurative mark F1 and national and international word marks F1 Formula 1 - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)))

(2015/C 046/49)

Language of the case: English

Parties

Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented by: B. Klingberg and K. Sandberg, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: ESPN Sports Media Ltd (London, United Kingdom) (represented by: T. de Haan, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 7/2008-1), concerning opposition proceedings between Racing-Live and Formula One Licensing BV.

Operative part of the judgment

The Court:

1) Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2008 (Case R 7/2008-1).

2) Orders OHIM and ESPN Sports Media Ltd to pay the costs incurred by Formula One Licensing BV in the proceedings before the General Court and the Court of Justice, and in the proceedings before the Board of Appeal of OHIM.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 38/15

Judgment of the General Court of 16 December 2010 — Lebedef v Commission

(Case T-52/10 P) (1)

(Appeal - Staff case - Officials - Annual leave - Half-time secondment for union representation - Unauthorised absence - Deduction of days from annual leave entitlement - Article 60 of the Staff Regulations)

2011/C 38/28

Language of the case: French

Parties

Appellant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and G. Berscheid, agents, and by B. Wägenbaur, lawyer)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 30 November 2009 in Case F-54/09 Lebedef v Commission ECR-SC I-A-1-0000 and II-A-1-0000, with the request that the order be set aside.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Giorgio Lebedef to bear his own costs and to pay those incurred by the European Commission in these proceedings.

(1) OJ C 113 of 1.5.2010.
EN Official Journal of the European Union C 238/16

Judgment of the General Court of 6 July 2011 — Timehouse v OHIM (Shape of a watch with jagged edges)

(Case T-235/10) (1)

(Community trade mark - Application for a three-dimensional mark - Shape of a watch with jagged edges - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 238/24

Language of the case: German

Parties

Applicant: Timehouse GmbH (Eystrup, Germany) (represented by: V. Knies, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 March 2011 (Case R 0942/2009-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a watch as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Timehouse GmbH to pay the costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 186/25

Judgment of the General Court of 10 May 2011 — Emram v OHIM — Guccio Gucci (G)

(Case T-187/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark G - Earlier national and Community figurative marks G - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 186/47

Language of the case: French

Parties

Applicant: Maurice Emram (Marseilles, France) (represented by: M. Benavï, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Guccio Gucci SpA (Florence, Italy) (represented by: F. Jacobacci, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1), concerning opposition proceedings between Guccio Gucci SpA and Mr Maurice Emram

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Maurice Emram to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 340/18

Judgment of the General Court of 6 October 2011 — Seven v OHIM — Seven For All Mankind (SEVEN FOR ALL MANKIND)

(Case T-176/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SEVEN FOR ALL MANKIND - Earlier Community and international figurative marks containing the word element ‘seven’ - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

2011/C 340/35

Language of the case: English

Parties

Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Seven For All Mankind LLC (Vernon, California, United States) (represented by: A. Gautier-Sauvagnac, lawyer, B. Guimberteau, lawyer, M. Choukroun, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 January 2010 (Case R 1514/2008-2) relating to opposition proceedings between Seven SpA and Seven For All Mankind LLC.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 January 2010 (Case R 1514/2008-2);

2. Dismisses the action as to the remainder;

3. Orders OHIM to pay the costs incurred by Seven SpA in the proceedings before the General Court and those incurred by Seven SpA for the purposes of the proceedings before the Board of Appeal;

4. Orders Seven For All Mankind LLC to bear its own costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 311/44

Judgment of the General Court of 14 September 2011 — K-Mail Order v OHIM — IVKO (MEN’Z)

(Case T-279/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark MEN’Z - Prior trade name WENZ - Relative ground for refusal - Local range of the earlier sign - Article 8(4) and Article 41(1)(c) of Regulation (EC) No 207/2009)

2011/C 311/82

Language of the case: German

Parties

Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher and G. Stallecker, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 March 2010 (Case R 746/2009-1) concerning opposition proceedings between Wenz GmbH and IVKO Industrieprodukt-Vertriebskontakt GmbH

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders K-Mail Order GmbH & Co. KG to pay the costs.

(1) OJ C 234, 28.8.2010.
EN Official Journal of the European Union C 13/14

Judgment of the General Court of 23 November 2011 — Pukka Luggage v OHIM — Azpiroz Arruti (PUKKA)

(Case T-483/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PUKKA - Opposition by the proprietor of Community and national figurative marks featuring the word element pukas - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal to register)

2012/C 13/28

Language of the case: English

Parties

Applicant: The Pukka Luggage Company Ltd (London, United Kingdom) (represented by: K. Gilbert and M. Blair, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM: Jesús Miguel Azpiroz Arruti (San Sebastián, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 July 2010 (Case R 1175/2008-4), concerning opposition proceedings between Jesús Miguel Azpiroz Arruti and The Pukka Luggage Company Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Pukka Luggage Company Ltd to pay the costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 370/24

Judgment of the General Court of 10 November 2011 — Ben Ri Electrónica v OHMI — Sacopa (LT LIGHT-THECNO)

(Case T-143/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark LT LIGHT-THECNO - Earlier Community figurative mark LT - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 370/39

Language of the case: Spanish

Parties

Applicant: Ben Ri Electrónica, SA (Madrid, Spain) (represented by: A.I. Alejos Cutuli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sacopa, SAU (Sant Jaume de Llierca, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2010 (Case R 1625/2008-4), relating to opposition proceedings between Ben Ri Electrónica, SA and Sacopa, SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 February 2010 (Case R 1625/2008-4);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay those incurred by Ben-Ri Electrónica, SA.

(1) OJ C 134, 22.5.2010.
EN Official Journal of the European Union C 58/8

Judgment of the General Court of 17 January 2012 — Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10) (1)

(Community trade mark - Application for the Community word mark Atrium - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2012/C 58/14

Language of the case: German

Parties

Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by: T. Schmidpeter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and R. Manea and subsequently G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2010 (Case R 291/2010-4), concerning an application for registration of the word mark Atrium as a Community trade mark

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Hamberger Industriewerke GmbH to pay the costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 32/25

Judgment of the General Court of 14 December 2011 — Häfele v OHIM (Vorfront)

(Case T-531/10) (1)

(Community trade mark - Application for Community word mark Vorfront - Absolute ground for refusal - Article 7(1)(c) of Regulation (EC) No 207/2009)

2012/C 32/50

Language of the case: German

Parties

Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: M. Eck and J. Dönch, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner, subsequently by: R. Manea and finally by: A. Pohlmann, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2010 (Case R 570/2010-1), concerning an application for registration of the word sign Vorfront as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Häfele GmbH & Co. KG to pay the costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 126/14

Judgment of the General Court of 9 March 2012 — Colas v OHIM — García-Teresa Gárate and Bouffard Vicente (BASE-SEAL)

(Case T-172/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 126/28

Language of the case: French

Parties

Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM: Rosario García-Teresa Gárate and Carmen Bouffard Vicente (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen Bouffard Vicente

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography, agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;

2. Orders OHIM to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 109/10

Judgment of the General Court of 29 February 2012 — Azienda Agricola Colsaliz di Faganello Antonio v OHIM — Weinkellerei Lenz Moser (SERVO SUO)

(Case T-525/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark SERVO SUO - Earlier Community word mark SERVUS - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 109/22

Language of the case: Italian

Parties

Applicant: Azienda Agricola Colsaliz di Faganello Antonio (Refrontolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially G. Mannucci and subsequently P. Bullock, Agents)

The other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Weinkellerei Lenz Moser AG (Linz, Austira) (represented by: C.-R. Haarmann, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 August 2010 (Case R 1571/2009-2) relating to opposition proceedings between Weinkellerei Lenz Moser AG and Azienda Agricola Colsaliz di Faganello Antonio.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Azienda Agricola Colsaliz di Faganello Antonio to pay the costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 200/13

Judgment of the General Court of 22 May 2012 — Olive Line International v OHIM — Umbria Olii International (O·LIVE)

(Case T-273/10) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark O·LIVE - Earlier Community and Spanish figurative and word marks Olive line - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/24

Language of the case: English

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Umbria Olii International Srl (Rome, Italy) (represented by: E. Montelione, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 April 2010 (Case R 4/2009-4), relating to opposition proceedings between Olive Line International, SL and O. International Srl.

Operative part of the judgment

The Court:

1. Declares that the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM) of 14 April 2010 (Case R 4/2009-4) is annulled in so far as it concerns, first, all the goods covered by the trade mark application in Class 3, namely ‘bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices’, and, second, ‘hygiene and beauty care for humans and animals’ in Class 44 covered by the trade mark application;

2. Dismisses the action as to the remainder;

3. Orders OHIM and Umbria Olii International Srl to bear three quarters of their own costs and to each pay three eighths of the costs incurred by Olive Line International, SL;

4. Orders Olive Line International, SL to pay, in addition to one quarter of its own costs, one quarter of the costs incurred by OHIM and the intervener.

(1) OJ C 221, 14.8.2010.