ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 346/40

Judgment of the General Court of 27 October 2010 — Reali v Commission

(Case T-65/09 P) (1)

(Appeal - Civil service - Contract staff - Recruitment - Classification in grade - Experience - Qualifications - Equivalence)

2010/C 346/79

Language of the case: English

Parties

Appellant: Enzo Reali (Florence, Italy) (represented by: S. Pappas)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 11 December 2008, in Case F-136/06 Reali v Commission [2008] ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Enzo Reali to bear his own costs and to pay those incurred by the European Commission on the appeal.

(1) OJ C 102, 1.5.2009.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — Micro Shaping v OHIM (packaging)

(Case T-64/09) (1)

(Community trade mark - Application for Community figurative mark packaging - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

(2010/C 288/72)

Language of the case: German

Parties

Applicant: Micro Shaping Ltd (Goring-by-Sea, Worthing, West Sussex, United Kingdom) (represented by: A. Franke, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Micro Shaping Ltd to pay the costs.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 38/14

Judgment of the General Court of 24 November 2010 — Commission v Irish Electricity Generating

(Case T-323/09) (1)

(Arbitration clause - Contract concluded in the framework of a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) - Non-performance of the contract - Reimbursement of the sums advanced - Late-payment interest - Procedure by default)

2011/C 38/23

Language of the case: English

Parties

Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, and by U. O’Dwyer and A. Martin, Solicitors)

Defendant: Irish Electricity Generating Co. Ltd (Waterford, Ireland)

Re:

Application under an arbitration clause seeking an order that Irish Electricity Generating Co. Ltd repay the sum of EUR 180 664,70 corresponding to part of the advances paid to it by the Commission under contract No WE/178/97/IE/GB, together with late-payment interest

Operative part of the judgment

The Court:

1. Orders Irish Electricity Generating Co. Ltd to repay to the European Commission the sum of EUR 180 664,70, together with late-payment interest: — at the rate of 5,56 % per annum from 25 August 2003 to the date of the present judgment; — at the annual rate applied under Irish law, that is to say, currently section 26 of the Debtors (Ireland) Act, 1840, as amended, up to a rate of 5,56 % per annum from the date of the present judgment until full clearance of the debt;

2. Orders Irish Electricity Generating Co. Ltd to pay the costs.

(1) OJ C 256, 24.10.2009.
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 11 May 2009 (Case R 27/2009-2) in so far as it refused registration as a Community trade mark of the word sign NATURALLY ACTIVE for wash bags, cosmetic bags and cases, beach bags, handbags, shoulder bags, draw string bags, purses, wallets, vanity cases, make-up bags, canvas bags, cases for mirrors in Class 18 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
EN Official Journal of the European Union C 103/22

Judgment of the General Court of 17 February 2011 — J & F Participações v OHIM — Plusfood Wrexham (Friboi)

(Case T-324/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Friboi - Earlier national word mark FRIBO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)

2011/C 103/38

Language of the case: English

Parties

Applicant: J & F Participações SA (Sorocaba, Brazil) (represented by: A. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Plusfood Wrexham Ltd (Llay, Wrexham, United Kingdom) (represented by: G. van Roeyen, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 824/2008-1), concerning opposition proceedings between Fribo Foods Ltd and Agropecuaria Friboi, Ltda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders J & F Participações SA to pay the costs.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 63/26

Judgment of the General Court of 19 January 2011 — Häfele v OHIM — Topcom Europe (Topcom)

(Case T-336/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Topcom - Earlier Community and Benelux word marks TOPCOM - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 63/50

Language of the case: English

Parties

Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: J. Dönch and M. Eck, 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, intervener before the General Court: Topcom Europe (Heverlee, Belgium) (represented by: P. Maeyaert, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 June 2009 (Case R 1500/2008-2), concerning opposition proceedings between Topcom Europe NV and Häfele GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Häfele GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Topcom Europe NV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 160/19

Judgment of the General Court of 13 April 2011 — Safariland v OHIM — DEF-TEC Defense Technology (FIRST DEFENSE AEROSOL PEPPER PROJECTOR)

(Case T-262/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark FIRST DEFENSE AEROSOL PEPPER PROJECTOR - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Implementation by OHIM of a judgment annulling a decision adopted by one of the OHIM Boards of Appeal - Rights of the defence - Obligation to state reasons - Articles 63(2), 65(6), 75 and 76 of Regulation No 207/2009)

2011/C 160/27

Language of the case: English

Parties

Applicant: Safariland LLC, formerly Defense Technology Corporation of America (Jacksonville, Florida, United States) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: DEF-TEC Defense Technology GmbH (Frankfurt am Main, Germany) (represented: initially by H. Daniel and O. Haleen, and subsequently by O. Haleen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 May 2009 (Case R 493/2002-4 (II)), relating to opposition proceedings between Defense Technology Corporation of America and DEF-TEC Defense Technology GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Safariland LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by DEF-TEC Defense Technology GmbH.

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 145/25

Judgment of the General Court of 24 March 2011 — XXXLutz Marken v OHIM — Natura Selection (Linea Natura Natur hat immer Stil)

(Case T-54/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Linea Natura Natur hat immer Stil - Earlier Community figurative mark natura selection - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 145/40

Language of the case: German

Parties

Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, 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, intervening before the General Court: Natura Selection, SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2008 (Case R 1787/2007-2) relating to opposition proceedings between Natura Selection, SL and XXXLutz Marken Gmb.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders XXXLutz Marken GmbH to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 232/28

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (Affiliato BRICO CENTER)

(Case T-483/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Affiliato BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/50

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1048/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

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 28 September 2009 (Case R 1048/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 186/23

Judgment of the General Court of 12 May 2011 — Jager & Polacek v OHIM (REDTUBE)

(Case T-488/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark REDTUBE - Earlier unregistered national mark Redtube - Failure to pay the opposition fee within the prescribed period - Decision deeming the opposition non-existent - Article 8(3) of Regulation (EC) No 2869/95 - Protection of legitimate expectations - Rule 17 of Regulation (EC) No 2868/95 - Ex parte proceedings - Article 8(2) of Regulation (EC) No 216/96 - Rule 18 of Regulation No 2868/95 - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Rule of parallelism of procedural requirements and of the actus contrarius - Article 80 of Regulation (EC) No 207/2009)

2011/C 186/43

Language of the case: German

Parties

Applicant: Jager & Polacek GmbH (Vienna, Austria) (represented by: A. Renck, V. von Bomhard and T. Dolde, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jager & Polacek GmbH to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 305/6

Judgment of the General Court of 7 September 2011 — Meredith v OHIM (BETTER HOMES AND GARDENS)

(Case T-524/09) (1)

(Community trade mark - Application for the Community word mark BETTER HOMES AND GARDENS - Absolute ground for refusal - Partial refusal by the examiner to register the mark - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 305/06

Language of the case: English

Parties

Applicant: Meredith Corp. (Des Moines, United States of America) (represented by: R. Furneaux and E. Hardcastle, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 September 2009 (Case R 517/2009-2), concerning an application for registration of the word sign BETTER HOMES AND GARDENS as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Meredith Corp. to pay the costs.

(1) OJ C 51, 27.2.2010.
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 May 2009 (Case R 1528/2008-4) in so far as concerns services other than the services of ‘conception and development of events, games, lotteries, contests, balls, drawings by lot, competitions of all kinds; gaming halls; operation of casinos; services to sports, games, betting and lottery establishments, including on and via the internet; provision of sport, games, betting and lottery equipment, including on and via the internet; operation of gaming halls; provision of interactive computer games; operation and organisation of casinos, games of chance, card games, bets, sports betting, games of skill; gaming machines; operation of casinos, operation of gaming halls; operation of betting and lottery centres of all kinds’ in Class 41 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended, and services of ‘conception and development of events, games, lotteries, contests, balls, drawings by lot, competitions for business purposes, organisation of advertising’ in Class 35 of that Arrangement;
EN Official Journal of the European Union C 331/18

Judgment of the General Court of 29 September 2011 — New Yorker SHK Jeans v OHIM — Vallis K. — Vallis A. (FISHBONE)

(Case T-415/09) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark FISHBONE - Earlier national figurative mark FISHBONE BEACHWEAR - Relative ground for refusal - Partial refusal of registration - Genuine use of the earlier mark - Consideration of additional evidence - Statement of reasons - Proof of genuine use - Likelihood of confusion - Article 42(2) and (3) and Article 76(2) of Regulation (EC) No 207/2009 - Second sentence of Rule 22(2) of Regulation (EC) No 2868/95 - Article 75 of Regulation No 207/2009 - First subparagraph and second subparagraph, heading (a), of Article 15(1) and Article 42(2), (3) and (5) of Regulation No 207/2009 - Article 8(1)(b) of Regulation No 207/2009)

2011/C 331/33

Language of the case: English

Parties

Applicant: New Yorker SHK Jeans GmbH & Co. KG, formerly New Yorker SHK Jeans GmbH (Kiel, Germany) (represented by: V. Spitz, A. Gaul, T. Golda and S. Kirschstein-Freund, lawyers)

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: Vallis K. — Vallis A. & Co. OE (Athens, Greece) (represented by: M. Kilimiri, V. von Bomhard, A.W. Renck, lawyers, and H.J. O’Neill, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 July 2009 (Case R 1051/2008-1), concerning opposition proceedings between Vallis K. — Vallis A. & Co. OE and New Yorker SHK Jeans GmbH & Co. KG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders New Yorker SHK Jeans GmbH & Co. KG to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 319/16

Judgment of the General Court of 22 September 2011 — Cesea Group v OHIM — Mangini & C. (Mangiami)

(Case T-250/09) (1)

(Community trade mark - Invalidity Proceedings - Community figurative mark Mangiami - Earlier international word mark MANGINI - Admissibility of new evidence - Article 76(2) of Regulation (EC) No 207/2009)

2011/C 319/30

Language of the case: Italian

Parties

Applicant: Cesea Group Srl (Rome, Italy) (represented by: D. De Simone, D. Demarinis and J. Wrede, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Mangini & C. Srl (Sestri Levante, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 April 2009 (Case R 982/2008-2) relating to invalidity proceedings between Mangini & C. Srl and Cesea Group Srl.

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 20 April 2009 (Case R 982/2008-2).

2. Orders OHIM to pay the costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 32/21

Judgment of the General Court of 16 December 2011 — Dashiqiao Sanqiang Refractory Materials v Council

(Case T-423/09) (1)

(Dumping - Imports of certain magnesia bricks originating in the People’s Republic of China - Regulation terminating an interim review - Comparison between the normal value and the export price - Taking into account the value added tax of the country of origin - Application of a different methodology to that used in the initial investigation - Change in circumstances - Articles 2(10)(b) and 11(9) of Regulation (EC) No 384/96 (now Articles 2(10)(b) and 11(9) of Regulation (EC) No 1225/2009)

2012/C 32/41

Language of the case: French

Parties

Applicant: Dashiqiao Sanqiang Refractory Materials Co. Ltd (Dashiqiao, China) (represented by: J.-F. Bellis and R. Luff, lawyers)

Defendant: Council of the European Union (represented by: initially J.-P. Hix and subsequently by J.-P. Hix and B. Driessen, Agents, assisted initially by G. Berrisch and G. Wolf, and subsequently by G. Berrisch, lawyers)

Intervener in support of the defendant: European Commission (represented by: É. Gippini Fournier and H. van Vliet, Agents)

Re:

Application for annulment of Council Regulation (EC) No 826/2009 of 7 September 2009 amending Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China (OJ 2009 L 240, p. 7), in so far as the anti-dumping duty it sets in relation to the applicant exceeds that which would be applicable if that duty had been determined on the basis of the method of calculation applied in the original investigation in order to take account of the fact that Chinese export VAT was not refunded.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dashiqiao Sanqiang Refractory Materials Co. Ltd to bear its own costs and to pay those incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 355/16

Judgment of the General Court of 20 October 2011 — Alfastar Benelux v Council

(Case T-57/09) (1)

(Public service contracts - Tendering procedure - Provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council - Rejection of a tender - Obligation to state the reasons on which a decision is based)

2011/C 355/26

Language of the case: English

Parties

Applicant: Alfastar Benelux (Ixelles, Belgium) (represented by: N. Keramidas, lawyer)

Defendant: Council of the European Union (represented by: M. Balta, M. Vitsentzatos and M. Robert, Agents)

Re:

Application, first, for annulment of the Council’s decision of 1 December 2008 to reject the tender submitted by the Alfastar-Siemens consortium, composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance — help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council (OJ 2008/S 91-122796) and to award the contract to another tenderer and, secondly, for damages.

Operative part of the judgment

The Court:

1. Annuls the Council’s decision of 1 December 2008 to reject the tender submitted by the consortium composed of Alfastar Benelux SA and Siemens IT Solutions and Services SA, in response to Call for Tenders UCA/218/07 for the provision of technical maintenance — help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council and to award the contract to another tenderer;

2. Dismisses the claim for damages;

3. Orders the Council of the European Union to pay the costs.

(1) OJ C 102, 1.5.2009.