ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 6/15

Judgment of the General Court of 16 November 2011 — Dorma v OHIM — Puertas Doorsa (doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS)

(Case T-500/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS’ - Earlier national and international word and figurative marks ‘DORMA’ - Lodging of additional documents on the reputation of the earlier marks in the procedure before the Board of Appeal - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 6/26

Language of the case: English

Parties

Applicant: Dorma GmbH & Co. KG (Ennepetal, Germany) (represented by: P. Koch Moreno, 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: Puertas Doorsa, SL (Petrel, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 August 2010 (Case R 542/2009-4), relating to opposition proceedings between Dorma GmbH & Co. KG and Puertas Doorsa, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 73/27

Judgment of the General Court of 31 January 2012 — Cervecería Modelo v OHIM — Plataforma Continental (LA VICTORIA DE MEXICO)

(Case T-205/10) (1)

(Community trade mark - Opposition procedure - Application for Community word mark LA VICTORIA DE MEXICO - Earlier Community figurative mark containing the word element ‘victoria’ and earlier national word mark VICTORIA - Registration refused in part - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 73/54

Language of the case: Spanish

Parties

Applicant: Cervecería Modelo, SA de CV (Mexico, Mexico) (represented by: C. Lema Devesa, 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: Plataforma Continental, SL (Madrid, Spain) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 322/2009-2) in relation to opposition proceedings between Plataforma Continental, SL and Cervecería Modelo, SA de CV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cervecería Modelo, SA de CV to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 32/25

Judgment of the General Court of 14 December 2011 — De Luca v Commission

(Case T-563/10 P) (1)

(Appeal - Cross-appeal - Staff case - Officials - Appointment to a post in a higher function group following an open competition - Entry into force of the new Staff Regulations - Transitional provisions - Article 12(3) of Annex XIII to the Staff Regulations)

2012/C 32/51

Language of the case: French

Parties

Appellant: Patrizia De Luca (Brussels, Belgium) (represented by: J.-N. Louis and S. Orlandi, lawyers)

Other party to the proceedings: European Commission (represented by: J. Currall, Agent) and Council of the European Union (represented by: M. Bauer and K. Zieleśkiewicz, Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 in Case F-20/06 De Luca v Commission [2010] ECR I-0000, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the cross-appeals.

2. Sets aside the judgment of the Civil Service Tribunal (Second Chamber) of 30 September 2010 in Case F-20/06 De Luca v Commission [2010] ECR I-0000.

3. Refers the case back to the Civil Service Tribunal.

4. The costs are reserved

(1) OJ C 63, 26.2.2011.
EN Official Journal of the European Union C 133/24

Judgment of the General Court of 27 March 2012 — Armani v OHIM — Del Prete (AJ AMICI JUNIOR)

(Case T-420/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark AJ AMICI JUNIOR - Earlier national figurative mark AJ ARMANI JEANS - Earlier national word mark ARMANI JUNIOR - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 133/46

Language of the case: Italian

Parties

Applicant: Giorgio Armani SpA (Milan, Italy) (represented by: M. Rapisardi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Annunziata Del Prete (Naples, Italy) (represented by: R. Bocchini, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 July 2010 (Case R 1360/2009-2), relating to opposition proceeding between Giorgio Armani SpA and Ms Annunziata Del Prete

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 8 July 2010 (Case R 1360/2009-2);

2. Orders OHIM and Ms Annunziata Del Prete to each pay half of the costs incurred by Giorgio Armani SpA before the Board of Appeal;

3. Orders OHIM and Ms Del Prete to bear their own costs and to each pay half of the costs incurred by Giorgio Armani before the Court.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 118/23

Judgment of the General Court of 8 March 2012 — Iberdrola v Commission

(Case T-221/10) (1)

(Action for annulment - State aid - Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions - Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid - Act entailing implementing measures - Lack of individual concern - Inadmissibility)

2012/C 118/39

Language of the case: Spanish

Parties

Applicant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado, M. Núñez-Müller and J. Domínguez Pérez, lawyers)

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

Re:

Application for annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Iberdrola, SA to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 200/12

Judgment of the General Court of 24 May 2012 — Grupo Osborne v OHIM — Industria Licorera Quezalteca (TORO XL)

(Case T-169/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark TORO XL - Early Community figurative mark XL - Relative ground for refusal - Article 8(1)(b) of Regulation No 207/2009 - No likelihood of confusion)

2012/C 200/22

Language of the case: Spanish

Parties

Applicant: Grupo Osborne, SA (El Puerto de Santa Maria, Spain) (represented by: J.M. Iglesias Monravá, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Industria Licorera Quezalteca, SA (Quetzal Tenango, Guatemala)

Re:

Action brought against the decision of the second Board of Appeal of OHIM of 22 January 2010 (Case R 223/2009-2) concerning opposition proceedings between Industria Licorera Quezalteca, SA and Grupo Osborne, SA.

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 22 January 2010 (Case R 223/2009-2).

2. Orders OHIM to pay the costs.

(1) OJ C 148, 5.6.2010.
EN Official Journal of the European Union C 138/16

Judgment of the General Court of 29 March 2012 — Portugal v Commission

(Case T-111/10) (1)

(ERDF - Reduction of financial assistance - Operational Programme seeking modernisation of the economic fabric in Portugal - Absence of precise and verifiable binding objectives - Legitimate expectations)

2012/C 138/28

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and by N. Mimoso Ruiz, P. Moura Pinheiro and J. Silva Martins, lawyers)

Defendant: European Commission (represented by: initially A. Steiblytė and G. Braga da Cruz and subsequently A. Steiblytė and P. Guerra e Andrade, Agents)

Re:

Application for annulment of Commission Decision C(2009) 10624 of 21 December 2009 reducing the assistance of the European Regional Development Fund (ERDF) granted to Portugal in respect of the Operational Programme ‘Modernisation of the economic fabric’, CCI: 1994 PT 16 1 PO 004 (ex ERDF ref. 94.12.09.004) by Commission Decision C (94)464/3 of 4 March 1994 authorising financial assistance from the ERDF.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 250/13

Judgment of the General Court of 6 July 2012 — Jackson International v OHIM — Royal Shakespeare (ROYAL SHAKESPEARE)

(Case T-60/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark ROYAL SHAKESPEARE - Earlier Community word mark RSC-ROYAL SHAKESPEARE COMPANY - Relative grounds for invalidity - Mark with a reputation - Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 - Likelihood of association - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)

2012/C 250/22

Language of the case: English

Parties

Applicant: Jackson International Trading Co. Kurt D. Brühl GmbH & Co. KG (Graz, Austria) (represented by: H.-G. Zeiner and S. Di Natale, 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, intervener before the General Court: The Royal Shakespeare Company (Warwickshire, United Kingdom) (represented by: C. Barnett, Solicitor, and S. Malynicz, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2009 (Case R 317/2009-1), concerning invalidity proceedings between The Royal Shakespeare Company and Jackson International Trading Co. Kurt D. Brühl GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jackson International Trading Co. Kurt D. Brühl GmbH & Co. KG to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 227/19

Judgment of the General Court of 19 June 2012 — H.Eich v OHIM — Arav (H.EICH)

(Case T-557/10) (1)

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

2012/C 227/29

Language of the case: Italian

Parties

Applicant: H.Eich Srl (Signa, Italy) (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli, G. Petrocchi and B. Passaretti, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arav Holding Srl (Palma Campania, Italy) (represented by: R. Bocchini, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 September 2010 (Case R 1411/2009-1) concerning opposition proceedings between Arav Holding Srl and H.Eich 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 9 September 2010 (Case R 1411/2009-1);

2. Orders OHIM to bear its own costs and pay those incurred by H.Eich Srl in the proceedings before the General Court;

3. Orders OHIM to pay the costs necessarily incurred for the purposes of the proceedings before the First Board of Appeal;

4. Orders Arav Holding Srl to bear its own costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 355/24

Judgment of the General Court of 27 September 2012 — Italy v Commission

(Case T-257/10) (1)

(State aid - Undertaking with subsidiaries in certain third countries - Reduced rate loans - Decision declaring aid incompatible in part with the internal market and ordering it to be repaid - Decision taken following the annulment by the General Court of the initial decision concerning the same procedure - Force of res judicata - Duty to state reasons)

2012/C 355/52

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili and M. Fiorilli, avvocati dello Stato)

Defendant: European Commission (represented by: V. Di Bucci and D. Grespan, agents)

Re:

Application for annulment of Commission Decision 2011/134/EU of 24 March 2010 concerning State aid C 4/03 (ex NN 102/02) implemented by Italy for Wam SpA (OJ 2011 L 57, p. 29).

Operative part of the judgment

1. The action is dismissed;

2. The Italian Republic is ordered to pay the costs.

(1) OJ C 221, 14.8.2010.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in light grey, dark grey, beige, dark red and brown)

(Case T-326/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in light grey, dark grey, beige, dark red and brown - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)

(2012/C 331/30)

Language of the case: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 188/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in light grey, dark grey, beige, dark red and brown as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders V. Fraas GmbH to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 26/41

Judgment of the General Court of 29 November 2012 — Thesing and Bloomberg Finance v ECB

(Case T-590/10) (1)

(Access to documents - Decision 2004/258/EC - Documents concerning the government debt and government deficit of a Member State - Refusal of access - Exception relating to the economic policy of the Union or of a Member State - Partial refusal of access)

2013/C 26/78

Language of the case: English

Parties

Applicants: Gabi Thesing (London, United Kingdom); and Bloomberg Finance LP (Wilmington, Delaware, United States) (represented by: M. Stephens, R. Lands, Solicitors, and T. Pitt-Payne QC)

Defendant: European Central Bank (ECB) (represented initially by A. Sáinz de Vieuña Barroso, M. López Torres and S. Lambrinoc, and subsequently by M. López Torres and S. Lambrinoc, Agents)

Re:

Application for annulment of the decision of the ECB’s Executive Board, which was notified to Ms Thesing by letter of the President of the ECB of 21 October 2010, rejecting an application by Ms Thesing for access to two documents concerning the government deficit and debt of the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Gabi Thesing and Bloomberg Finance LP to bear their own costs and to pay those incurred by the European Central Bank (ECB).

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 366/32

Judgment of the General Court of 11 October 2012 — Novatex v Council

(Case T-556/10) (1)

(Subsidies - Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates - Definitive countervailing duty and definitive collection of provisional duty - Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009)

2012/C 366/61

Language of the case: English

Parties

Applicant: Novatex Ltd (Karachi, Pakistan) (represented by: B. Servais, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen, Agent, assisted by G. Berrisch, lawyer, and N. Chesaites, Barrister)

Intervener in support of the defendant: European Commission (represented by: H. van Vliet, M. França and G. Luengo, acting as Agents)

Re:

Application for annulment of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (OJ 2010 L 254, p. 10), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates in so far as it concerns Novatex Ltd, in so far as the definitive countervailing duty for imports of certain types of polyethylene terephthalate into the European Union exceeds that applicable in the absence of the error concerning the amount indicated in line 74 of the 2008 tax return.

2. Dismisses the action as to the remainder.

3. Orders the Council of the European Union to pay its own costs and 50 % of those incurred by Novatex. Novatex is ordered to bear 50 % of its own costs. The European Commission is ordered to bear its own costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 101/17

Judgment of the General Court of 20 February 2013 — Melli Bank v Council

(Case T-492/10) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Entity wholly owned by an entity identified as being involved in nuclear proliferation - Plea of illegality - Obligation to state reasons - Rights of the defence - Right to effective judicial protection)

2013/C 101/36

Language of the case: English

Parties

Applicant: Melli Bank plc (London, United Kingdom) (represented: initially by S. Gadhia and S. Ashley, Solicitors, and by D. Anderson QC and R. Blakeley, Barrister, and subsequently by S. Ashley, S. Jeffrey, and A. Irvine, Solicitors, and by D. Wyatt QC and R. Blakeley)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, Agents)

Intervener in support of the defendant: European Commission (represented by: S. Boelaert and M. Konstantinidis, Agents)

Re:

Application for annulment of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1) in so far as those measures concern the applicant and, further, an application for a declaration of the inapplicability of Article 16(2)(a) of Regulation No 961/2010 and Article 23(2) of Regulation No 267/2012 to the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Melli Bank plc to bear its own costs and to pay the costs of the Council of the European Union;

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

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 225/64

Judgment of the General Court of 4 June 2013 — Nencini v Parliament

(Joined Cases T-431/10 and T-560/10) (1)

(Rules Governing the Payment of Expenses and Allowances to Members of the European Parliament - Travel and parliamentary assistance expenses - Recovery of undue payments - Limitation period - Reasonable period - Rights of the defence - Principle of audi alteram partem - Proportionality)

2013/C 225/142

Language of the case: Italian

Parties

Applicant: Riccardo Nencini (Barberino del Mugello, Italy) (represented by: F. Bertini and M. Chiti, lawyers)

Defendant: European Parliament (represented initially by N. Lorenz, D. Moore and A. Caiola, and subsequently by N. Lorenz, D. Moore and G. Ricci, acting as Agents)

Re:

Applications, primarily, for annulment brought against the Decisions of the Secretary General of the European Parliament of 16 July 2010 and 7 October 2010 relating to the recovery of certain sums received by the applicant, a former Member of the European Parliament, in respect of travel and parliamentary assistance expenses unduly paid, the Debit Notes of the Director General of the European Parliament’s Directorate-General for Finances, No 312331 of 4 August 2010 and No 315653 of 13 October 2010, and any other related and/or prior acts and, in the alternative, to remit the applications to the Secretary General of the European Parliament for a fair reassessment of the sum in respect of which recovery is sought.

Operative part of the judgment

The Court:

1. Dismisses the action in Case T-560/10;

2. Orders Riccardo Nencini to pay the costs in Case T-560/10, including the costs relating to the interim proceedings;

3. Orders Case T-431/10 to be removed from the register;

4. Orders each party to bear their own costs in Case T-431/10, including the costs relating to the interim proceedings.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 114/32

Judgment of the General Court of 8 March 2013 — Mayer Naman v OHIM — Daniel e Mayer (David Mayer)

(Case T-498/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark David Mayer - Earlier national word mark DANIEL & MAYER MADE IN ITALY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Request for proof of genuine use made for the first time before the Board of Appeal - Out of time - Article 57(2) and (3) of Regulation No 207/2009)

2013/C 114/50

Language of the case: Italian

Parties

Applicant: David Mayer Naman (Rome, Italy) (represented initially by S. Sutti, S. Cazzaniga and V. Fedele, and subsequently by V. Fedele and M. Spolidoro, 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, intervener before the Court: Daniel e Mayer Srl (Milan, Italy) (represented by: M. Andreolini and A. Parini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2010 (Case R 413/2009-1) relating to invalidity proceedings between Daniel e Mayer Srl and Mr David Mayer Naman.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr David Mayer Naman to pay the costs.

(1) OJ C 346, 18.12.2010.