ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 27/43

Judgment of the General Court of 3 December 2015 — TrekStor v OHIM (iDrive)

(Case T-105/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark iDrive - Prior German word mark IDRIVE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 027/51)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong Kong, Hong Kong, China) (represented by: M. Alber and O. Spieker, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Scanlab AG (Puchheim, Germany) (represented by: P. Rath and W. Festl-Wietek, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2013 (Case R 2330/2012-1) concerning opposition proceedings between Scanlab AG and TrekStor Ltd.

Operative part of the judgment

The Court:

1. Rejects the request to stay the proceedings lodged by TrekStor Ltd;

2. Dismisses the action;

3. Orders TrekStor Ltd to pay the costs.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 16/31

Judgment of the General Court of 25 November 2015 — Ewald Dörken v OHIM — Schürmann (VENT ROLL)

(Case T-223/14) (1)

((Community trade mark - Invalidity proceedings - Community word mark VENT ROLL - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 52(1) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2016/C 016/37)

Language of the case: German

Parties

Applicant: Ewald Dörken AG (Herdecke, Germany) (represented by: N. Grüger, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Wolfram Schürmann (Neuhausen, Switzerland) (represented by: M. Wesle, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2014 (Case R2156/2012-4) relating to invalidity proceedings between Mr Wolfram Schürmann and Ewald Dörken AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ewald Dörken AG to pay the costs.

(1) OJ C 184, 16.6.2014.
EN Official Journal of the European Union C 38/50

Judgment of the General Court of 10 December 2015 — Fútbol Club Barcelona v OHIM (Representation of the outline of a crest)

(Case T-615/14) (1)

((Community trade mark - Application for a figurative Community trade mark representing the outline of a crest - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3)of Regulation No 207/2009))

(2016/C 038/65)

Language of the case: Spanish

Parties

Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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 First Board of Appeal of OHIM of 23 May 2014 (Case R 2500/2013-1) concerning an application for registration as a Community trade mark of a figurative sign representing the outline of a crest.

Operative part of the judgment

The Court:

1. The action is dismissed;

2. Fútbol Club Barcelona is ordered to pay the costs.

(1) OJ C 372, 20.10.2014.
EN Official Journal of the European Union C 27/44

Judgment of the General Court of 26 November 2015 — Bionecs v OHIM — Fidia farmaceutici (BIONECS)

(Case T-262/14) (1)

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

(2016/C 027/54)

Language of the case: English

Parties

Applicant: Bionecs GmbH (Munich, Germany) (represented by: M. Knitter, lawyer)

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, intervening before the General Court: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1179/2013/1) concerning opposition proceedings between Fidia Farmaceutici SpA and Bionecs GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bionecs GmbH to pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 98/42

Judgment of the General Court of 28 January 2016 — Novomatic v OHIM — Simba Toys (African SIMBA)

(Case T-687/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark African SIMBA - Prior national figurative mark Simba - Duty to state reasons - Article 75 of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2016/C 098/54)

Language of the case: German

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, 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, intervener before the Court: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 July 2014 (Case R 2098/2013-4) concerning opposition proceedings between Simba Toys GmbH & Co. KG and Novomatic AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novomatic AG to pay the costs.

(1) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 90/16

Judgment of the General Court of 21 January 2016 — Laboratorios Ern v OHIM — michelle menard (Lenah. C)

(Case T-802/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Lenah.C - Earlier national word mark LEMA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 090/22)

Language of the case: English

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodriguez, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: michelle menard GmbH — Berlin cosmetics (Berlin, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2014 (Case R 2260/2013-4) concerning opposition proceedings between Laboratorios Ern, S A and michelle menard GmbH — Berlin cosmetics.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laboratorios Ern, S A to pay the costs.

(1) OJ C 46, 9.2.2015.
EN Official Journal of the European Union C 118/28

Judgment of the General Court of 25 February 2016 — Musso v Parliament

(Joined Cases T-589/14 and T-772/14) (1)

((Emoluments of Members of the Parliament - Old-age pension - Obligation for French Members to claim their pension rights from the national schemes - Rule against overlapping - Implementing measures for the Statute for Members - Decision adopted at the conclusion of the complaint procedure - Debit note - Decision to suspend payment of the pension - Adversarial principle - Reasonable period - Obligation to state reasons))

(2016/C 118/31)

Language of the case: French

Parties

Applicant: François Musso (Ajaccio, France) (represented by: A. Gross and L. Stachnik, lawyers)

Defendant: European Parliament (represented by: G. Corstens and S. Seyr, acting as Agents)

Re:

First, application for annulment of the decision of the Bureau of the Parliament of 26 June 2014 confirming the decision of the Secretary-General of the Parliament of 17 October 2011 which determined the monthly amount of pension rights, taking into account the sums received from two French pension schemes, and by which recovery of EUR 127 065,19 was determined and, second, application for annulment of the decision of the Parliament of 22 September 2014.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Mr François Musso to bear his own costs and to pay those of the European Parliament.

(1) OJ C 351 of 6.10.2014.
EN Official Journal of the European Union C 106/33

Judgment of the General Court of 4 February 2016 — PRIMA v Commission

(Case T-722/14) (1)

((Public service contracts - Tendering procedure - Support for the European Commission representative in Bulgaria in the context of the organization of public events - Rejection of tender submitted by a tenderer and award of the contract to another tenderer - Award criteria - Obligation to state reasons - Concept of relative advantages of the successful tender - Transparency))

(2016/C 106/37)

Language of the case: Bulgarian

Parties

Applicants: PRIMA — Produtsentska, reklamna, informatsionna i mediyna agentsia AD (Sofia, Bulgaria) (represented by: Y. Ruskov, lawyer)

Defendant: European Commission (represented by: L. Di Paolo, P. Mihaylova and D. Roussanov, acting as Agents)

Re:

Application for annulment of, first, the decision of the European Commission of 12 August 2014 rejecting the tender submitted by the applicant in the context of the call for tenders PO/2013 13/SOF relating to support for the European Commission representative in Bulgaria in the context of the organization of public events, and awarding the contract to another tenderer and, second, the ‘subsequent decisions’, including that of 12 September 2014 to conclude the contract for its performance.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders PRIMA — Produtsentska, reklamna, informatsionna i mediyna agentsia AD to pay the costs.

(1) OJ C 462, 22.12.2014.
EN Official Journal of the European Union C 191/23

Judgment of the General Court of 19 April 2016 — 100 % Capri Italia v EUIPO — IN.PRO.DI (100 % Capri)

(Case T-198/14) (1)

((European Union trade mark - Opposition proceedings - Application for European Union figurative mark 100 % Capri - Earlier European Union figurative mark CAPRI - Relative ground for refusal - Distinctive character - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 191/28)

Language of the case: Italian

Parties

Applicant: 100 % Capri Italia Srl (Capri, Italy) (represented by: A. Perani, G. Ghisletti and F. Braga, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Inghirami produzione distribuzione SpA (IN.PRO.DI), formerly Cantoni ITC SpA (Milan, Italy) (represented by: V. Piccarreta and M. Franzosi, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 10 January 2014 (Case R 2122/2012-2), relating to opposition proceedings between Inghirami produzione distribuzione SpA (IN.PRO.DI) and 100 % Capri Italia Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 100 % Capri Italia Srl to pay the costs.

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 136/30

Judgment of the General Court of 1 March 2016 — BrandGroup v OHIM — Brauerei S. Riegele, Inh. Riegele (SPEZOOMIX)

(Case T-557/14) (1)

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

(2016/C 136/43)

Language of the case: German

Parties

Applicant: BrandGroup GmbH (Bechtsrieth, Germany) (represented by: T. Raible, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brauerei S. Riegele, Inh. Riegele KG (Augsburg, Germany) (represented by: R. Schlecht, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2014 (Case R 941/2013-1), concerning opposition proceedings between Brauerei S. Riegele, Inh. Riegele KG and BrandGroup GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BrandGroup GmbH to pay the costs.

(1) OJ C 339, 29.9.2014.
EN Official Journal of the European Union C 232/16

Judgment of the General Court of 12 May 2016 — Red Lemon v EUIPO — Lidl Stiftung (ABTRONICX2)

(Case T-776/14) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark ABTRONICX2 - Earlier EU word mark TRONIC - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Minimal inherent distinctiveness of the earlier mark - Likelihood of confusion))

(2016/C 232/20)

Language of the case: German

Parties

Applicant: Red Lemon Inc. (Hong Kong, China) (represented by: T. Wieland and S. Müller, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Lidl Stiftung & Co. KG (Neckarsulm, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 4 September 2014 (Case R 2078/2013-1), relating to opposition proceedings between Lidl Stiftung & Co. KG and Red Lemon Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Red Lemon Inc. to pay the costs.

(1) OJ C 46, 9.2.2015.
1.

Annuls Implementing Commission Decision 2014/184/EU of 2 April 2014 exempting certain services in the postal sector in Austria from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, in so far as it states that that directive continues to apply to the market for postal services for addressed letters between business customers and between business customers and private customers on an international level in Austria;
EN Official Journal of the European Union C 287/19

Judgment of the General Court of 28 June 2016 — AF Steelcase v EUIPO

(Case T-652/14) (1)

((Public service contracts - Tender procedure - Supply and installation of furniture and accessories at EUIPO’s head offices - Rejection of a tenderer’s tender - Action for annulment - Award decision - No direct concern - Inadmissibility - Obligation to state reasons - Principle of sound administration - Proportionality - System for excluding tenders - Non-contractual liability - Material damage - Non-material damage))

(2016/C 287/23)

Language of the case: Spanish

Parties

Applicant: AF Steelcase SA (Madrid, Spain) (represented by: Rodríguez Bajón and A. Gómez-Acebo Dennes, lawyers)

Defendant: European Union Intellectual Property Office (represented by: initially, N. Bambara and M. Paolacci, and subsequently N. Bambara and J. Crespo Carrillo, Agents)

Re:

First, application under Article 263 TFEU for the annulment of EUIPO’s decision of 8 July 2014 rejecting the tender submitted by the applicant in the context of a call for tenders concerning the supply and installation of furniture and accessories at EUIPO’s head offices (OJ 2014/S 023-035020) and the decisions related to the decision rejecting the applicant’s tender, including, if necessary, the award decision, and an application for the tender procedure to be resumed at the stage before the decision of 8 July 2014 and, secondly, application under Article 268 TFEU for compensation for the damage allegedly sustained by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders AF Steelcase SA to pay the costs.

(1) OJ C 380, 27.10.2014.
EN Official Journal of the European Union C 251/23

Judgment of the General Court of 2 June 2016 — Staywell Hospitality Group and Sheraton International IP v EUIPO — Sheraton International IP and Staywell Hospitality Group (PARK REGIS)

(Joined Cases T-510/14 and T-536/14) (1)

((European Union trade mark - Opposition proceedings - Application for European Union figurative mark PARK REGIS - Earlier European Union figurative mark ST. REGIS - Partial refusal to register - Article 64(1) of Regulation No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2016/C 251/24)

Language of the case: English

Parties

Applicants: Staywell Hospitality Group Pty Ltd (Sydney, Australia) (represented by: D. Farnsworth, Solicitor, and A. Bryson, Barrister) (Case T-510/14); and Sheraton International IP, LLC (Stamford, Connecticut, United States) (represented by: E. Armijo Chávarri, lawyer) (Case T-536/14)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: L. Rampini, acting as Agent)

Other parties to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Sheraton International IP, LLC (Case T-510/14); and Staywell Hospitality Group Pty Ltd (Case T-536/14)

Re:

Actions brought against the decision of the Fifth Board of Appeal of the EUIPO of 30 April 2014 (Joined Cases R 240/2013-5 and R 303/2013-5) relating to opposition proceedings between Sheraton International IP and Staywell Hospitality Group.

Operative part of the judgment

The Court:

1. Dismisses the actions in Cases T-510/14 and T-536/14;

2. In Case T-510/14, orders Staywell Hospitality Group Pty Ltd to pay the costs;

3. In Case T-536/14, orders Sheraton International IP, LLC to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 392/25

Judgment of the General Court of 15 September 2016 — Morningstar v Commission

(Case T-76/14) (1)

((Competition - Abuse of a dominant position - Worldwide market for consolidated real-time datafeeds - Decision making the commitments offered by the dominant undertaking binding - Article 9 of Regulation (EC) No 1/2003))

(2016/C 392/29)

Language of the case: English

Parties

Applicant: Morningstar, Inc. (Chicago, Illinois, United States of America) (represented by: S. Kinsella, K. Daly, P. Harrison, Solicitors, and M. Abenhaïm, lawyer)

Defendant: European Commission (represented by: F. Castilla Contreras, A. Dawes and F. Ronkes Agerbeek, acting as Agents)

Interveners in support of the defendant: Thomson Reuters Corp. (Toronto, Canada), and Reuters Ltd (London, United Kingdom) (represented by: A. Nourry, G. Olsen and C. Ghosh, Solicitors)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2012) 9635 final of 20 December 2012 relating to a proceeding under Article 102 TFEU and Article 54 of the EEA Agreement (Case COMP/D2/39.654 — Reuters Instrument Codes (RICs)).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Morningstar, Inc. to pay the costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 326/21

Judgment of the General Court of 21 July 2016 — Bredenkamp and Others v Council and Commission

(Case T-66/14) (1)

((Common foreign and security policy - Restrictive measures imposed on certain persons and entities in view of the situation in Zimbabwe - Freezing of funds - Non-contractual liability))

(2016/C 326/39)

Language of the case: English

Parties

Applicants: John Arnold Bredenkamp (Harare, Zimbabwe), Echo Delta (Holdings) PCC Ltd (Castletown, Isle of Man), Scottlee Holdings (Private) Ltd (Harare), Fodya (Private) Ltd (Harare) (represented by: P. Moser QC, and G. Martin, Solicitor)

Defendants: Council of the European Union (represented by: B. Driessen and E. Dumitriu-Segnana, acting as Agents) and European Commission (represented by: S. Bartelt, D. Gauci and T. Scharf, acting as Agents)

Re:

Application based on Article 268 TFEU for compensation for the loss allegedly suffered by the applicants following the adoption of Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2009 L 23, p. 5), Commission Regulation (EU) No 173/2010 of 25 February 2010 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2010 L 51, p. 13) and Commission Regulation (EU) No 174/2011 of 23 February 2011 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2011 L 49, p. 23).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders John Arnold Bredenkamp, Echo Delta (Holdings) PCC Ltd, Scottlee Holdings (Private) Ltd and Fodya (Private) Ltd to pay the costs of the Council of the European Union and the European Commission.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 402/39

Judgment of the General Court of 15 September 2016 — Herbert Smith Freehills v Council

(Case T-710/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of legal advice - Rights of the defence - Overriding public interest))

(2016/C 402/43)

Language of the case: English

Parties

Applicant: Herbert Smith Freehills LLP (London, United Kingdom) (represented by: P. Wytinck, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: P. Van Nuffel, J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Decision 18/c/01/14 of the Council of 23 July 2014, refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Herbert Smith Freehills LLP 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 409, 17.11.2014.