ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 156/40

Judgment of the General Court of 19 April 2013 — Luna v OHIM — Asteris (Al bustan)

(Case T-454/11) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark Al bustan - Earlier national figurative mark ALBUSTAN - Genuine use of the earlier mark - Article 57(2) and (3) of Regulation (EC) No 207/2009)

2013/C 156/74

Language of the case: English

Parties

Applicant: Luna International Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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: Asteris Industrial and Commercial Company SA (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 1358/2008-2), concerning invalidity proceedings between Asteris Industrial and Commercial Company SA and Luna International Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Luna International Ltd to pay the costs.

(1) OJ C 319, 29.10.2011.
EN Official Journal of the European Union C 225/74

Judgment of the General Court of 27 June 2013 — Beifa Group v OHIM — Schwan-Stabilo Schwanhäußer (Instrument for writing)

(Case T-608/11) (1)

(Community design - Invalidity proceedings - Registered Community design representing an instrument for writing - Earlier national figurative and three-dimensional trade marks - Ground for invalidity - Use in the Community design of an earlier sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Decision taken following the annulment by the General Court of an earlier decision)

2013/C 225/163

Language of the case: English

Parties

Applicant: Beifa Group Co. Ltd (Ningbo, China) (represented by: R. Davis, Barrister, N. Cordell, Solicitor, and B. Longstaff, Barrister)

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: Schwan-Stabilo Schwanhäußer GmbH & Co. KG (Heroldsberg, Germany) (represented by: H. Gauß and U. Blumenröder, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 9 August 2011 (Case R 1838/2010-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhäußer GmbH & Co. KG and Ningbo Beifa Group Co., Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Beifa Group Co. Ltd to pay the costs.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 225/71

Judgment of the General Court of 30 May 2013 — ultra air v OHIM — Donaldson Filtration Deutschland (ultrafilter international)

(Case T-396/11) (1)

(Community trade mark - Invalidity proceedings - Community word mark ultrafilter international - Absolute ground for refusal - Article 52(1)(a) of Regulation (EC) No 207/2009 - Abuse of rights)

2013/C 225/156

Language of the case: German

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, lawyer)

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: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz and M. Teworte-Vey, lawyers)

Re:

Action seeking the annulment of the decision of the Fourth Board of Appeal of OHIM of 18 May 2011 (Case R 374/2010-4), relating to invalidity proceedings between ultra air GmbH and Donaldson Filtration Deutschland GmbH

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 18 May 2011 (Case R 374/2010-4);

2. Orders OHIM to bear its own costs and those incurred by ultra air GmbH;

3. Orders Donaldson Filtration Deutschland GmbH to bear its own costs.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 304/16

Judgment of the General Court of 6 September 2013 — Globula v Commission

(Case T-465/11) (1)

(Internal market in natural gas - Directive 2003/55/EC - Obligation on natural gas undertakings to organise a system of negotiated third party access to gas storage facilities - Decision of the Czech authorities granting the applicant a temporary exemption for its future underground gas storage facilities in Dambořice - Commission decision ordering the Czech Republic to withdraw the exemption decision - Time at which Directive 2003/55 takes effect)

2013/C 304/27

Language of the case: English

Parties

Applicant: Globula a.s. (Hodonín, Czech Republic) (represented by: M. Petite, D. Paemen, A. Tomtsis, D. Koláček and P. Zákoucký, lawyers)

Defendant: European Commission (represented by: O. Beynet and T. Scharf, Agents)

Intervener in support of the applicants: Czech Republic (represented by: M. Smolek, J. Očková and T. Müller, Agents)

Re:

Application for the annulment of Commission Decision C(2011) 4509 of 27 June 2011 on the exemption of an Underground Gas Storage Facility in Dambořice from the internal market rules on third party access.

Operative part of the judgment

The Court:

1. Annuls Decision C(2011) 4509 of the Commission of 27 June 2011 on the exemption of an Underground Gas Storage Facility in Dambořice from the internal market rules on third party access;

2. Orders the European Commission to bear its own costs and to pay those incurred by Globula a.s.;

3. Orders the Czech Republic to bear its own costs.

(1) OJ C 305, 15.10.2011.
EN Official Journal of the European Union C 233/6

Judgment of the General Court of of 3 July 2013 — MB System v Commission

(Case T-209/11) (1)

(State aid - Aid granted by Germany to the Biria group in the form of the provision of a silent participation by a public undertaking - Decision declaring the aid incompatible with the internal market - Decision taken following the annulment by the General Court of the earlier decision concerning the same procedure - Advantage - Private investor test - Concept of firm in difficulty - Calculation of the aid element - Manifest error of assessment)

2013/C 233/09

Language of the case: German

Parties

Applicant: MB System GmbH & Co. KG (Nordhausen, Germany) (represented by: G. Brüggen and C. Geiert, lawyers)

Defendant: European Commission (represented by: F. Erlbacher and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Decision 2011/471/EU of 14 December 2010 on State aid C 38/05 (ex NN 52/04) granted by Germany to the Biria group (OJ 2011 L 195, p. 55).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MB System GmbH & Co. KG to pay the costs, including those relating to the interim proceedings.

(1) OJ C 186, 25.6.2011.
EN Official Journal of the European Union C 352/13

Judgment of the General Court of 16 October 2013 — TF1 v Commission

(Case T-275/11) (1)

(State aid - Public service broadcasting - Aid proposed by the French authorities for France Télévisions - Annual budgetary grant - Decision declaring the aid compatible with the internal market - Article 106(2) TFEU - Strict interdependence of a tax and an aid measure)

2013/C 352/23

Language of the case: French

Parties

Applicant: Télévision française 1 (TF1) (Boulogne-Billancourt, France) (represented initially by J.-P Hordies and C. Smits, and subsequently by J. Vogel, lawyers)

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

Interveners in support of the defendant: Kingdom of Spain (represented initially by M. Muñoz Pérez, then by S. Centeno Huerta and subsequently by N. Díaz Abad, Abogados del Estato); French Republic (represented initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas and J. Rossi, Agents); and France Télévisions (Paris, France) (represented by: J.-P. Gunther and A. Giraud, lawyers)

Re:

Application for annulment of Commission Decision 2011/140/EU of 20 July 2010 on State Aid C-27/09 (ex N 34/B/09) Budgetary grant for France Télévisions which the French Republic plans to implement in favour of France Télévisions (OJ 2011 L 59, p. 44).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Télévision française 1 (TF1) to bear its own costs and to pay those incurred by the European Commission and by France Télévisions;

3. Orders the Kingdom of Spain and the French Republic each to bear its own costs.

(1) OJ C 232, 6.8.2011.
EN Official Journal of the European Union C 313/22

Judgment of the General Court of 12 September 2013 — Besselink v Council

(Case T-331/11) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Exception relating to the protection of the public interest as regards international relations - Partial access - Obligation to state reasons - Application for measures of organisation of procedure or inquiry - Inadmissible)

2013/C 313/42

Language of the case: English

Parties

Applicant: Leonard Besselink (Utrecht, Netherlands) (represented by: O. Brouwer, J. Blockx and E. Raedts, lawyers)

Defendant: Council of the European Union (represented: initially by C. Fekete, P. Plaza García and J. Herrmann, and subsequently by P. Plaza García, J. Herrmann and B. Driessen, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: E. Paasivirta and P. Costa de Oliveira, acting as Agents)

Re:

Application for annulment of the Council Decision of 1 April 2011 refusing access in full to document 9689/10, containing a draft Council Decision authorising the Commission to negotiate the Accession Agreement of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950

Operative part of the judgment

The Court:

1. Annuls the Council Decision of 1 April 2011 refusing full access to document 9689/10 in that it refuses access to Negotiating Directive No 5 and to the undisclosed parts of the requested document, which set out the principles laid down in the EU Treaty that should govern negotiations for the accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, or which only set out the questions to be addressed in the negotiations;

2. Dismisses the action as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 238, 13.8.2011.
Official Journal of the European Union

Judgment of the General Court of 28 January 2014 — Schuhhaus Dielmann v OHIM — Carrera (Carrera panamericana)

(Case T-600/11) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community Carrera panamericana - Earlier Community figurative mark CARRERA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

(2014/C 71/29)

Language of the case: English

Parties

Applicant: Schuhhaus Dielmann GmbH & Co. KG (Darmstadt, Germany) (represented by: W. Göpfert, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Carrera SpA (Caldiero, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 1989/2010-1), relating to opposition proceedings between Carrera SpA and Schuhhaus Dielmann GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Schuhhaus Dielmann GmbH & Co. KG to pay the costs.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 24/19

Judgment of the General Court of 4 December 2013 — ETF v Michel

(Case T-108/11 P) (1)

(Appeal - Civil service - Temporary staff - Contract for an indefinite period - Decision terminating the contract - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 of the CEOS - Duty of care - Concept of interest of the service - Prohibition on ruling ultra petita - Rights of the defence)

2014/C 24/32

Language of the case: French

Parties

Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Other party to the proceedings: Gustave Michel, successor in law to Monique Vandeuren (represented by: N. Lhoëst, lawyer)

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Chemical Agency (ECHA) (represented by: M. Heikkilä, acting as Agent); European Medicines Agency (EMA) (represented initially by: V. Salvatore and subsequently by: T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); and European Food Safety Agency (EFSA) (represented by: D. Detken, acting as Agent)

Re:

Appeal brought against the judgment delivered by the Civil Service Tribunal (Second Chamber) on 9 December 2010 in Case F-88/08 Vandeuren v ETF, not yet published, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-88/08 Vandeuren v ETF in so far as it annulled the decision of the European Training Foundation (ETF) of 23 October 2007 to terminate the contract for an indefinite period as a member of the temporary staff of Ms Monique Vandeuren and dismissed, in consequence, her claim for compensation for the pecuniary harm suffered as premature;

2. Dismisses the remainder of the appeal;

3. Refers the action back to the Civil Service Tribunal;

4. Reserves the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 184/26

Judgment of the General Court of 28 April 2014 — Longevity Health Products v OHIM — Weleda Trademark (MENOCHRON)

(Case T-473/11) (1)

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

2014/C 184/44

Language of the case: German

Parties

Applicant: Longevity Health Products (Nassau, Bahamas) (represented by: J. Korab, lawyer)

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: Weleda Trademark AG (Arlesheim, Switzerland) (represented by: W. Haring, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 July 2010 (Case R 2345/2010-4), relating to an opposition procedure between Weleda Trademark AG and Longevity Health Products, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Longevity Health Products, Inc. to pay the costs.

(1) OJ C 311, 22.10.2011.
EN Official Journal of the European Union C 135/29

Judgment of the General Court of 14 March 2014 — Cemex and Others v Commission

(Case T-292/11) (1)

((Competition - Administrative proceeding - Decision to request information - Necessity of the information requested - Duty to state reasons - Proportionality))

2014/C 135/34

Language of the case: Spanish

Parties

Applicants: Cemex SAB. De CV (Monterrey, Mexico); New Sunward Holding BV (Amsterdam, Netherlands); Cemex España, SA (Madrid, Spain); Cemex Deutschland AG (Ratingen, Germany); Cemex UK (Egham, United Kingdom); Cemex Czech Operations s.r.o. (Prague, Czech Republic); Cemex France Gestion (Rungis, France); Cemex Austria AG (Langenzersdorf, Austria) (represented by: M. Folguera Crespo, P. Vidal Martínez, H. González Durántez and B. Martínez Corral, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, F. Castilla Contreras and C. Hödlmayer, acting as Agents, and J. Rivas Andrés, lawyer)

Re:

Action for annulment of Commission Decision C(2011) 2360 final of 30 March 2011, in the context of a procedure pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39520 — cement and related products).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cemex SAB. De CV, New Sunward Holding BV, Cemex España, SA, Cemex Deutschland AG, Cemex UK, Cemex Czech Operations s.r.o., Cemex France Gestion and Cemex Austria AG to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 380/7

Judgment of the General Court of 11 September 2014 — Gold East Paper and Gold Huasheng Paper v Council

(Case T-444/11) (1)

((Subsidies - Imports of coated fine paper originating in China - Methodology - Calculation of the advantage - Manifest error of assessment - Specificity - Depreciation period - Preferential tax treatments - Compensatory measures - Injury - Determination of the profit margin - Definition of the product concerned - Community industry - Causal link))

2014/C 380/08

Language of the case: English

Parties

Applicants: Gold East Paper (Jiangsu) Co. Ltd (Jiangsu, China), and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd (Jiangsu) (represented by: V. Akritidis, Y. Melin and F. Crespo, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted initially by G. Berrisch, A. Polcyn, lawyers, and by N. Chesaites, Barrister, and subsequently by B. O’Connor, Solicitor, and by S. Gubel, lawyer)

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland, M. França and A. Stobiecka-Kuik, acting as Agents); Cepifine AISBL (Brussels, Belgium), Sappi Europe SA (Brussels), Burgo Group SpA (Altavilla Vicentina, Italy), and Lecta SA (Luxembourg, Luxembourg) (represented by: L. Ruessmann and W. Berg, lawyers)

Re:

Application for annulment of Council Implementing Regulation (EU) No 452/2011 of 6 May 2011 imposing a definitive anti-subsidy duty on imports of coated fine paper originating in the People’s Republic of China (OJ 2011 L 128, p. 18) in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gold East Paper (Jiangsu) Co. Ltd and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd to bear their own costs and to pay those of the Council of the European Union, Cepifine AISBL, Sappi Europe SA, Burgo Group SpA and Lecta SA;

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

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 261/22

Judgment of the General Court of 26 June 2014 — Basic v OHIM — Repsol YPF (basic)

(Case T-372/11) (1)

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

2014/C 261/44

Language of the case: English

Parties

Applicant: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg and H. Bickel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Repsol YPF, SA (Madrid, Spain) (represented by: J.-B. Devaureix, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 March 2011 (Case R 1440/2010-1), concerning opposition proceedings between Repsol YPF SA and Basic AG Lebensmittelhandel.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Basic AG Lebensmittelhandel to pay the costs.

(1) OJ C 269, 10.9.2011.
EN Official Journal of the European Union C 462/20

Judgment of the General Court of 7 November 2014 — Banco Santander and Santusa v Commission

(Case T-399/11) (1)

((State aid - Provisions relating to corporate tax enabling undertakings which have their tax domicile in Spain to amortise the goodwill flowing from the acquisition of shareholdings in undertakings which have their tax domicile abroad - Decision classifying that scheme as State aid, declaring that aid incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Lack of identification of a category of undertakings benefitting from the measure - Infringement of Article 107(1) TFEU))

(2014/C 462/30)

Language of the case: Spanish

Parties

Applicants: Banco Santander, SA (Santander, Spain); and Santusa Holding, SL (Boadilla del Monte, Spain) (represented initially by J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, and subsequently by J. Buendía Sierra, E. Abad Valdenebro and R. Calvo Salinero, lawyers)

Defendant: European Commission (represented by R. Lyal, C. Urraca Caviedes and P. Němečková, acting as Agents)

Re:

Application for annulment of Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (JO 2011 L 135, p. 1).

Operative part of the judgment

The Court:

1. Annuls Article 1(1) and Article 4 of Commission Decision 2011/282/EU of 12 January 2011 on the tax amortisation of financial goodwill for foreign shareholding acquisitions No C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain;

2. Orders the European Commission to bear the costs.

(1) OJ C 282, 24.9.2011.