ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 429/14

Judgment of the General Court of 28 October 2015 — Al-Faqih and Others v Commission

(Case T-134/11) (1)

((Common foreign and security policy - Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Freezing of funds - Fundamental rights - Right to effective judicial protection))

(2015/C 429/18)

Language of the case: English

Parties

Applicants: Al-Bashir Mohammed Al-Faqih (Birmingham, United Kingdom); Ghunia Abdrabbah (Birmingham); Taher Nasuf (Manchester, United Kingdom) and Sanabel Relief Agency Ltd (Birmingham) (represented by: E. Grieves, Barrister, and N. Garcia-Lora, Solicitor)

Defendant: European Commission (represented initially by S. Boelaert, M. Konstantinidis, E. Paasivirta and T. Scharf, and subsequently by M. Konstantinidis, E. Paasivirta and T. Scharf, acting as Agents)

Interveners in support of the defendant: Council of the European Union (represented initially by E. Finnegan, R. Szostak and G. Étienne, and subsequently by E. Finnegan and G. Étienne, acting as Agents) and United Kingdom of Great Britain and Northern Ireland (represented initially by E. Jenkinson, and subsequently by L. Christie, acting as Agents)

Re:

Application for annulment of Commission Regulation (EU) No 1138/2010 of 7 December 2010 amending for the 140th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2010 L 322, p. 4), and of Commission Regulation (EU) No 1139/2010 of 7 December 2010 amending for the 141st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2010 L 322, p. 6), in so far as those measures concern the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Al-Bashir Mohammed Al-Faqih, Mr Ghunia Abdrabbah and Mr Taher Nasuf to bear their own costs and to pay those incurred by the European Commission;

3. Orders the United Kingdom of Great Britain and Northern Ireland and the Council of the European Union to bear their own costs.

(1) OJ C 130, 30.4.2011.
Official Journal of the European Union

Judgment of the General Court of 5 October 2020 — France and IFP Énergies nouvelles v Commission

(Joined Cases T-479/11 RENV and T-157/12 RENV) (1)

(State aid - Oil exploration - State aid scheme implemented by France - Implied and unlimited guarantee conferred by IFPEN by the grant of the status of EPIC - Advantage - Presumption of the existence of an advantage - Proportionality)

(2020/C 433/50)

Language of the case: French

Parties

Applicant in Case T-479/11 RENV: French Republic (represented by: P. Dodeller, acting as Agent)

Applicant in Case T-157/12 RENV: IFP Énergies nouvelles (Rueil-Malmaison, France) (represented by: E. Lagathu and É. Barbier de La Serre, lawyers)

Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Decision of 29 June 2011 on State aid granted by France to the Institut Français du Pétrole (Case C 35/08 (ex NN 11/08)) (OJ 2012 L 14, p. 1).

Operative part of the judgment

The Court:

1. Annuls Article 5(3) and (4) and Article 6(1) in so far as it concerns the maximum impact of the State guarantee as estimated in Article 5(3) and (4) of Commission Decision 2012/26/EU of 29 June 2011 on State aid granted by France to the Institut Français du Pétrole (Case C 35/08 (ex NN 11/08);

2. Dismisses the actions as to the remainder;

3. Orders the European Commission, the French Republic and IFP Énergies nouvelles each to bear their own costs in Cases T-479/11 and T-157/12;

4. Orders the French Republic, IFP Énergies nouvelles and the Commission each to bear their own costs in Case C-438/16 P;

5. Orders the French Republic to bear its own costs and to pay those incurred by the Commission in Case T-479/11 RENV;

6. Orders IFP Énergies nouvelles and the Commission each to bear their own costs in Case T-157/12 RENV.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 101/17

Judgment of the General Court of 8 February 2013 — Piotrowski v OHIM (MEDIGYM)

(Case T-33/12) (1)

(Community trade mark - International registration designating the European Community - Word mark MEDIGYM - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Right to a hearing - Second sentence of Article 75 of Regulation No 207/2009)

2013/C 101/37

Language of the case: German

Parties

Applicant: Elke Piotrowski (Viernheim, Germany) (represented by: J. Albrecht, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2011 (Case R 734/2011-4) concerning an international registration designating the European Community of the word sign MEDIGYM.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Elke Piotrowski to pay the costs.

(1) OJ C 80, 17.3.2012.
EN Official Journal of the European Union C 225/75

Judgment of the General Court of 27 June 2013 — Repsol YPF v OHIM — Ajuntament de Roses (R)

(Case T-89/12) (1)

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

2013/C 225/167

Language of the case: Spanish

Parties

Applicant: Repsol YPF, SA (Madrid, Spain) (represented by: J. Devaureix and L. Montoya Terán, lawyers)

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: Ajuntament de Roses (Roses, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 December 2011 (Case R 1815/2010-2), relating to opposition proceedings between Ajuntament de Roses and Repsol YPF, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Repsol YPF, SA to pay the costs.

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 178/10

Judgment of the General Court of 14 May 2013 — Fabryka Łożysk Tocznych-Kraśnik v OHIM — Impexmetal (IKFŁT KRAŚNIK)

(Case T-19/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark IKFŁT KRAŚNIK - Earlier Community figurative mark FŁT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 178/17

Language of the case: Polish

Parties

Applicant: Fabryka Łożysk Tocznych-Kraśnik S.A. (Kraśnik, Poland) (represented by: J. Sieklucki, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Impexmetal S.A. (Warsaw, Poland) (represented by: W. Trybowski and K. Pyszków, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 October 2011 (Case R 2475/2010-1) concerning opposition proceedings between Impexmetal S.A. and Fabryka Łożysk Tocznych-Kraśnik S.A.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fabryka Łożysk Tocznych-Kraśnik S.A to pay the costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 352/16

Judgment of the General Court of 16 October 2013 — Zoo Sport v OHIM — K-2 (zoo sport)

(Case T-455/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ZOO Sport - Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 352/29

Language of the case: English

Parties

Applicant: Zoo Sport Ltd (Leeds, United Kingdom) (represented by: I. Rungg, 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: K-2 Corp. (Seattle, United States of America) (represented by: M. Graf, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2012 (Case R 1395/2011-4), relating to opposition proceedings between K-2 Corp. and Zoo Sport Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zoo Sport Ltd to pay the costs.

(1) OJ C 399, 22.12.2012.
EN Official Journal of the European Union C 252/29

Judgment of the General Court of 11 July 2013 — Aventis Pharmaceuticals, Inc. v OHIM — Fasel (CULTRA)

(Case T-142/12) (1)

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

2013/C 252/47

Language of the case: English

Parties

Applicant: Aventis Pharmaceuticals, Inc. (Bridgewater, United States) (represented by: R. Gilbey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Fasel Srl (Bologna, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 2478/2010-1) relating to opposition proceedings between Aventis Pharmaceuticals, Inc. and Fasel Srl.

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 26 January 2012 (Case R 2478/2010-1).

2. Dismisses the remainder of the action.

3. Orders OHIM to pay its own costs and those of Aventis Pharmaceuticals, Inc., for the purposes of the proceedings before the General Court and of those before the Board of Appeal.

(1) OJ C 165, 9.6.2012.
EN Official Journal of the European Union C 24/20

Judgment of the General Court of 6 December 2013 — Premiere Polish v OHIM — Donau Kanol (ECOFORCE)

(Case T-361/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ECOFORCE - Earlier Community figurative mark ECO FORTE - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 24/35

Language of the case: English

Parties

Applicant: Premiere Polish Co. Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM: Donau Kanol GmbH & Co. KG (Ried im Traunkreis, Austria)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 June 2012 (Case R 851/2011-4), relating to opposition proceedings between Donau Kanol GmbH & Co. KG and Premiere Polish Co. Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Premiere Polish Co. Ltd to pay the costs.

(1) OJ C 319, 20.10.2012.
EN Official Journal of the European Union C 377/13

Judgment of the General Court of 12 November 2013 — Gamesa Eólica v OHIM — Enercon (Blended shades of green)

(Case T-245/12) (1)

(Community trade mark - Invalidity proceedings - Absolute ground for refusal - Application for Community trade mark consisting of blended shades of green - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009 - Article 62 of Regulation No 207/2009)

2013/C 377/31

Language of the case: English

Parties

Applicant: Gamesa Eólica, SL (Sarriguren, Spain) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Enercon GmbH (Aurich, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 260/2011-1) relating to invalidity proceedings between Gamesa Eólica SL and Enercon GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2012 (Case R 260/2011-1);

2. Orders OHIM to bear its own costs and to pay the costs of Gamesa Eólica, SL.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 52/35

Judgment of the General Court of 16 January 2014 — Message Management v OHIM — Absacker (ABSACKER of Germany)

(Case T-304/12) (1)

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

2014/C 52/64

Language of the case: German

Parties

Applicant: Message Management GmbH (Wiesbaden, Germany) (represented by: C. Konle, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Absacker GmbH (Cologne, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2012 (case R 1028/2011-1), relating to opposition proceedings between Absacker GmbH and Message Management GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Message Management GmbH to pay the costs.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 39/19

Judgment of the General Court of 13 December 2013 — European Dynamics Luxembourg and Evropaïki Dynamiki v Commission

(Case T-165/12) (1)

(Public service contracts - Tender procedure - Provision of support services for the purpose of developing an information technology infrastructure and e-government services in Albania - Rejection of a tenderer’s bid - Transparency - Obligation to state reasons)

2014/C 39/31

Language of the case: Greek

Parties

Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission (represented by: P. van Nuffel and M. Konstantinidis, acting as Agents)

Re:

Application for annulment of Commission Decision CMS/cms D(2012)/00008 of 8 February 2012 rejecting the applicants’ tender in the closed tendering procedure EuropeAid/131431/C/SER/AL.

Operative part of the judgment

The Court:

1. Annuls Commission Decision CMS/cms D(2012)/00008 of 8 February 2012 rejecting tender submitted by European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in the closed tendering procedure EuropeAid/131431/C/SER/AL;

2. Orders the European Commission to pay the costs.

(1) OJ C 184, 23.6.2012.
EN Official Journal of the European Union C 129/19

Judgment of the General Court of 12 March 2014 — Globosat Programadora v OHIM — Sport TV Portugal (SPORT TV INTERNACIONAL)

(Case T-348/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark SPORT TV INTERNACIONAL - Earlier national figurative mark SPORTV - Relative ground for refusal - Proof of use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009 and Rule 22 of Regulation (EC) No 2868/95))

2014/C 129/24

Language of the case: English

Parties

Applicant: Globosat Programadora Ltda (Rio de Janeiro, Brazil) (represented by: S. Micallef, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sport TV Portugal, SA (Lisbon, Portugal) (represented by: B. Braga da Cruz and J. Pimenta, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 May 2012 (case R 2079/2010-4), relating to opposition proceedings between Globosat Programadora Ltda and Sport TV Portugal, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Globosat Programadora Ltda to pay the costs.

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 78/9

Judgment of the General Court of 4 February 2014 — Syrian Lebanese Commercial Bank v Council

(Joined Cases T-174/12 and T-80/13) (1)

(Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Adaptation of the claim - Time-limit - Manifest error of assessment - Obligation to state reasons - Right to effective judicial protection - Rights of defence)

2014/C 78/17

Language of the case: French

Parties

Applicant: Syrian Lebanese Commercial Bank SAL (Beirut, Lebanon) (represented by: P. Vanderveeren, L. Defalque and T. Bontinck, lawyers)

Defendant: Council of the European Union (represented by: G. Étienne and S. Cook, acting as Agents)

Re:

Application for annulation in part, firstly, of Council Implementing Regulation (EU) No 55/2012 of 23 January 2012 implementing Article [32](1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 19, p. 6); secondly, of Council Implementing Decision 2012/37/CFSP of 23 January 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 19, p. 33); thirdly, Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP (OJ 2012 L 330, p. 21); fourthly, Council Implementing Regulation (EU) No 1117/2012 of 29 November 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 (OJ 2012 L 330, p. 9); fifthly, the ‘decision letters’ of the Council of 24 January 2012 and 30 November 2012 notifying the applicant of the restrictive measures affecting it; sixthly, Council Decision 2013/109/CFSP of 28 February 2013 amending Decision 2012/739/CFSP (OJ 2013 L 58, p. 8); seventhly, Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012 (OJ 2013 L 111, p. 1); eighthly, Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), in so far as those acts affect the applicant’s situation.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the Syrian Lebanese Commercial Bank SAL to pay the costs.

(1) OJ C 184, 23.6.2012.
EN Official Journal of the European Union C 194/22

Judgment of the General Court of 8 May 2014 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)

(Case T-327/12) (1)

((Community trade mark - Invalidity proceedings - Community word mark Simca - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009))

2014/C 194/28

Language of the case: German

Parties

Applicant: Simca Europe Ltd (Birmingham, United Kingdom) (represented by: N. Haberkamm, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: GIE PSA Peugeot Citroën (Paris, France) (represented by: P. Kotsch, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 April 2012 (Case R 645/2011-1), relating to invalidity proceedings between GIE PSA Peugeot Citroën and Simca Europe Ltd.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Simca Europe Ltd to pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 159/22

Judgment of the General Court of 3 April 2014 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)

(Case T-356/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark SÔ:UNIC - Earlier Community and national word marks SO…?, SO…? ONE, SO…? CHIC and non-registered word marks - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion - Family of marks - Article 8(4) of Regulation No 207/2009 - Rule 15(2)(b)(iii) of Regulation (EC) No 2868/95 - Admissibility of the opposition))

2014/C 159/30

Language of the case: English

Parties

Applicant: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ibercosmetica SA de CV (Mexico City, Mexico)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 June 2012 (Case R 1033/2011-4), relating to opposition proceedings between Debonair Trading Internacional Lda and Ibercosmetica, SA de CV

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 June 2012 (Case R 1033/2011-4) in so far as the Board of Appeal rejected as inadmissible the opposition based on Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark with regard to the signs relied on by Debonair Trading Internacional Lda so far as the United Kingdom and Ireland are concerned;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 311, 13.10.2012.
EN Official Journal of the European Union C 253/27

Judgment of the General Court of 24 June 2014 — Rani Refreshments v OHIM — Global-Invest Bartosz Turek (Sani)

(Case T-523/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Sani - Earlier Community figurative marks Hani or llani and RANI - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 253/38

Language of the case: English

Parties

Applicant: Rani Refreshments FZCO (Jebel Ali, United Arab Emirates) (represented by: M. Chapple, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Global-Invest Bartosz Turek (Poczesna, Poland)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 27 September 2012 (Case R 236/2012-4), concerning opposition proceedings between Aujan Industries Co. (S J C) and Global-Invest Bartosz Turek.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Rani Refreshments FZCO to pay the costs.

(1) OJ C 32, 2.2.2013.