ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 6/13

Judgment of the General Court of 15 November 2011 — El Coto de Rioja v OHIM — Álvarez Serrano (COTO DE GOMARIZ)

(Case T-276/10) (1)

(Community trade mark - Invalidity proceedings - Figurative Community mark COTO DE GOMARIZ - Prior Community word marks COTO DE IMAZ and EL COTO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 6/22

Language of the case: Spanish

Parties

Applicant: El Coto de Rioja, SA (Oyón, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

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: María Álvarez Serrano (Gomariz Leiro, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 April 2010 (Case R 1020/2008-4) concerning invalidity proceedings between El Coto de Rioja, SA and Ms María Álvarez Serrano.

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) of 28 April 2010 (Case R 1020/2008-4) in so far as the assessment of the Board of Appeal as to the similarity of the signs in question is incorrect;

2. Dismisses the remainder of the action;

3. Orders OHIM to pay the costs.

(1) OJ C 234, 28.8.2010.
EN Official Journal of the European Union C 80/17

Judgment of the General Court of 7 February 2012 — Hartmann-Lamboy v OHIM — Diptyque (DYNIQUE)

(Case T-305/10) (1)

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

2012/C 80/26

Language of the case: German

Parties

Applicant: Marlies Hartmann-Lamboy (Westerburg, Germany) (represented by: R. Loos, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Diptyque SAS (Paris, France)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2010 (Case R 1217/2009-1) concerning opposition proceedings between Diptyque SAS and Ms Marlies Hartmann-Lamboy.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Marlies Hartmann-Lamboy to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 32/24

Judgment of the General Court of 16 December 2011 — France v Commission

(Case T-488/10) (1)

(ERDF - Reduction of financial contribution - Community structural assistance in Martinique - Action for annulment - Public contracts - Directive 93/37/EEC - Concept of ‘direct subsidy’ - Concept of sports, recreation and leisure facilities - Obligation to state reasons - Principle of proportionality)

2012/C 32/49

Language of the case: French

Parties

Applicant: French Republic (represented by: E. Belliard, G. de Bergues and N. Rouam, acting as Agents)

Defendant: European Commission (represented by: F. Dintilhac and A. Steiblytè, Agents)

Re:

Action for annulment of European Commission Decision No C(2010) 5229 of 28 July 2010 concerning the cancellation of part of the contribution of the European Regional Development Fund (ERDF) under the single programming document for objective 1 for Community structural assistance in Martinique, France.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the French Republic to pay the costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 133/23

Judgment of the General Court of 23 March 2012 — Barilla v OHIM — Brauerei Schlösser (ALIXIR)

(Case T-157/10) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark ALIXIR - Earlier national word mark Elixeer - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 133/45

Language of the case: English

Parties

Applicant: Barilla G. e R. Fratelli SpA (Parma, Italy) (represented by: A. Vanzetti, G. Sironi and A. Colmano, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brauerei Schlösser GmbH (Düsseldorf, Germany) (represented by: J. Flick, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 January 2010 (case R 820/2009-2), relating to opposition proceedings between Brauerei Schlösser GmbH and Barilla G. e R. Fratelli SpA.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Barilla G. e R. Fratelli SpA to pay the costs.

(1) OJ C 148, 5.6.2010.
EN Official Journal of the European Union C 165/18

Judgment of the General Court of 24 April 2012 — Samskip Multimodal Container Logistics v Commission

(Case T-166/10) (1)

(Action for annulment - Decision awarding Community financial assistance to improve the environmental performance of the freight transport system - Marco Polo II programme - Termination of the grant agreement and definitive abandonment of the project - No longer any interest in bringing proceedings - No need to adjudicate)

2012/C 165/30

Language of the case: English

Parties

Applicant: Samskip Multimodal Container Logistics BV (’s-Gravenzande, Netherlands) (represented by: K. Platteau, Y. Maasdam and P. Broers, lawyers)

Defendant: European Commission (represented by: K. Simonsson, Agent, assisted by J. Grayston and P. Gjørtler, lawyers)

Re:

APPLICATION for annulment of Commission Decision C(2010) 580 of 27 January 2010 on the financial assistance for proposals for actions submitted in the 2009 selection procedure in the European Union programme ‘improving the environmental performance of the freight transport system’ (the Marco Polo II programme), in so far as it selects Proposal TREN/B4/SUB/01-2009 MP-II/6 concerning the G2G@2XL project for funding in the amount of EUR 2 190 539.

Operative part of the judgment

The Court:

1. Declares that there is no longer any need to adjudicate on the present action;

2. Orders the European Commission to bear four fifths of the costs of Samskip Multimodal Container Logistics BV and four fifths of its own costs;

3. Orders Samskip Multimodal Container Logistics to bear one fifth of the Commission’s costs and one fifth of its own costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 200/12

Judgment of the General Court of 25 May 2012 — Nike International v OHIM — Intermar Simanto Nahmias (JUMPMAN)

(Case T-233/10) (1)

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

2012/C 200/23

Language of the case: English

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

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, intervener before the General Court: Intermar Simanto Nahmias (Çatalca-Istanbul, Turkey) (represented by: J. Güell Serra and M. Curell Aguilà, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 March 2010 (Case R 738/2009-1), concerning opposition proceedings between Intermar Simanto Nahmias and Nike International Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nike International Ltd to pay the costs.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 194/19

Judgment of the General Court of 16 May 2012 — Wohlfahrt v OHIM — Ferrero (Kindertraum)

(Case T-580/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Kindertraum - Earlier national word mark Kinder - Relative ground for refusal - Proof of use of the earlier trade mark - Article 42(2) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)

2012/C 194/31

Language of the case: German

Parties

Applicant: Harald Wohlfahrt (Rothenburg ob der Tauber, Germany) (represented initially by N. Scholz Recht, then by G. Huβlein-Stich, latterly by M. Loschelder, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Pohlmann, then D. Walicka, agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ferrero SpA (Alba, Italy) (represented by: F. Jacobacci and L. Ghedina, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 October 2010 (Case R 815/2009-4) relating to opposition proceedings between Ferrero SpA and Mr Harald Wohlfahrt.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Harald Wohlfahrt to pay the costs.

(1) OJ C 63, 26.2.2011
EN Official Journal of the European Union C 250/13

Judgment of the General Court of 11 July 2012 — Laboratoire Garnier v OHIM (natural beauty)

(Case T-559/10) (1)

(Community trade mark - Application for the Community figurative mark natural beauty - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2012/C 250/23

Language of the case: English

Parties

Applicant: Laboratoire Garnier et Cie (Paris, France) (represented: initially by R. Dissmann and A. Steegmann and subsequently by R. Dissmann, lawyers)

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

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 September 2010 (Case R 971/2010-1) concerning registration of the figurative sign natural beauty as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laboratoire Garnier et Cie to pay the costs.

(1) OJ C 38, 5.2.2011.
EN Official Journal of the European Union C 227/18

Judgment of the General Court of 21 June 2012 — Spain v Commission

(Joined Cases T-264/10 and T-266/10) (1)

(Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) - Interim payment application - Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems - Actions for annulment - Admissibility - Article 87(2) of Regulation (EC) No 1083/2006)

2012/C 227/26

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, agent)

Defendant: European Commission (represented by: C. Urraca Caviedes and B. Conte, agents)

Re:

Actions brought against the Commission decisions of 10 May (T-264/10) and 11 May 2010 (T-266/10) informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain.

Operative part of the judgment

The Court:

1. joins Cases T-264/10 and T-266/10 for the purposes of the judgment;

2. annuls the Commission decisions of 10 May and 11 May 2010 informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain;.

3. rejects the application for acknowledgment that the application for payment of interest for late payment is well founded;

4. declares that that there is no need to adjudicate on the head of claim that the General Court order a measure of organisation of procedure based on Article 64 of its Rules of Procedure;

5. orders the Commission to pay the costs.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 355/25

Judgment of the General Court of 27 September 2012 — Wam Industriale v Commission

(Case T-303/10) (1)

(State aid - Undertaking with subsidiaries in certain third countries - Reduced rate loans - Decision declaring aid in part incompatible 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 - Execution of a judgment of the General Court - Obligation to state reasons - Principle of sound administration - Duty to exercise diligence - Duty of care)

2012/C 355/53

Language of the case: Italian

Parties

Applicant: Wam Industriale SpA (Modena, Italy) (represented by: G. M. Roberti and I. Perego, lawyers)

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. Wam Industriale SpA is ordered to pay the costs.

(1) OJ C 246, 11.9.2010.
Judgment of the General Court of 19 September 2012 — Commission v SEMEA and Commune of Millau

(Joined Cases T-168/10 and T-572/10) (1)

(Arbitration clause - Grant contract concerning a local development plan consisting in the performance of work for the preparation and launching of a European local enterprise centre in Millau (France) - Repayment of part of the advance payments made - Admissibility of an action brought against a company established under French law removed from the companies register - Application of French law - Administrative contract - Recovery of sum overpaid - Time-bar - Enforceability of an arbitration clause - Assumption of debt - Incidental debts rule - Stipulation in favour of third party)

(2012/C 331/29)

Language of the case: French

Parties

Applicant: European Commission (represented by: S. Petrova, agent, assisted by E. Bouttier, lawyer)

Defendant: Société d'économie mixte d'équipement de l’Aveyron (SEMEA) (Millau, France) and Commune de Millau (France) (represented by: L. Hincker and F. Bleykasten, lawyers)

Re:

Applications for repayment of the principal sum of EUR 41 012 paid by the Commission as a guarantee agreed by it in the context of the funds granted to the SEMEA, increased by interest accrued and accruable, and all other sums in compensation for the harm suffered by it.

Operative part of the judgment

The Court rules:

1. Cases T-168/10 and T-572/10 are joined for the purposes of judgment;

2. The Société d’économie mixte d'équipement de l’Aveyron (SEMEA) and the commune of Millau (France) are ordered jointly and severally to pay the principal sum of EUR 41 012 to the European Commission, increased by default interest at the annual legal rate applied in France from 27 April 1993 until full payment of that sum. The interest accrued by the date of 15 April 2010, and at yearly intervals thereafter, shall be capitalised and itself bear interest;

3. The actions of the Commission in Cases T-168/10 and T-572/10 are dismissed as to the remainder;

4. The counterclaim by the SEMEA in Case T-168/10 and the counterclaim by the commune of Millau in Case T-572/10 are dismissed;

5. The SEMEA shall bear its own costs and those of the Commission in Case T-168/10;

6. The commune of Millau shall bear its own costs and those of the Commission in Case T-572/10.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 26/40

Judgment of the General Court of 6 December 2012 — Evropaïki Dynamiki v Commission

(Case T-167/10) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Requests for quotation - Refusal to grant access - Action for annulment - Period allowed for commencing proceedings - Point from which time starts to run - Admissibility - Exception relating to the protection of the economic policy of the European Union - Exception relating to the protection of the commercial interests of a third party - Exception relating to the protection of the public interest in the field of public security - Obligation to state the reasons on which a decision is based)

2013/C 26/75

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission (represented by: E. Manhaeve and C. ten Dam, Agents)

Re:

Application for (i) annulment of the Commission’s decision of 27 January 2010 refusing access to the requests for quotation relating to Lot 3A of tendering procedure DIGIT/PO/2005/113 — ESP-DESIS (OJ 2005/S 252-248566) and (ii) annulment of the Commission’s decision of 11 March 2010 refusing access to requests for quotation relating to all the other lots covered by that tendering procedure, all the lots covered by the tendering procedures DI/0005 ESP (OJ 2001/S 53-036539) and ADMIN/DI/2/PO/2003/192 ESP-DIMA (OJ 2003/S 249-221337) and by Framework Contract BUDG/0101.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 27 January 2010 refusing access to the requests for quotation relating to Lot 3A of tendering procedure DIGIT/PO/2005/113 — ESP-DESIS;

2. Annuls the Commission’s decision of 11 March 2010 refusing access to requests for quotation relating to all the other lots covered by that tendering procedure, all the lots covered by the tendering procedures DI/0005 ESP and ADMIN/DI/2/PO/2003/192 ESP-DIMA and by Framework Contract BUDG/0101;

3. Orders the Commission to bear its own costs and the costs incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 373/5

Judgment of the General Court of 17 October 2012 — Fondation IDIAP v Commission

(Case T-286/10) (1)

(Arbitration clause - Sixth Framework Programme for research, technological development and demonstration activities - Contracts relating to the Amida, Bacs and Dirac projects - Eligible costs - Additional cost model - Salary of researchers holding permanent employment contracts - Absence of contractor's own resources)

2012/C 373/07

Language of the case: French

Parties

Applicant: Fondation de l’Institut de recherche IDIAP (Martigny, Switzerland) (represented by: G. Chapus-Rapin and G. Couchepin, lawyers)

Defendant: European Commission (represented by: F. Dintilhac and A. Sauka, Agents)

Re:

Application on the basis of Article 272 TFEU seeking a declaration from the Court that certain expenditure incurred by the applicant in the performance of Contract No 33812, relating to the Amida project, Contract No 27140, relating to the Bacs project, and Contract No 27787, relating to the Dirac project, concluded by the European Commission within the framework of the sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006), established by Decision 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 (OJ 2002 L 232, p. 1), is eligible for reimbursement and that, as a consequence, the applicant is not required to repay EUR 98 042,45 in respect of the contract relating to the Dirac project or EUR 251 505,76 in respect of the contract relating to the Amida project, and, in the alternative, an application on the basis of Article 263 TFEU seeking, first, annulment of the Commission’s decision by which it confirmed the conclusions of an audit to the effect that the costs at issue were ineligible and, second, an order that the Commission arrange for an audit to be undertaken of the projects, to be carried out by a company other than that which carried out the original audit.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Fondation de l’Institut de recherche IDIAP to bear its own costs and to pay the costs incurred by the European Commission, including the cost of the application for interim measures.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 129/15

Judgment of the General Court of 22 March 2013 — Bottega Veneta International v OHIM (Shape of a handbag)

(Case T-409/10) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a handbag - Absolute grounds for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 - Failure to take account of an element of the trade mark applied for - Rule No 9 of Regulation (EC) No 2868/95)

2013/C 129/28

Language of the case: Italian

Parties

Applicant: Bottega Veneta International Sàrl (Luxembourg, Luxembourg) (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 June 2010 (Case R 1247/2009-1), concerning an application for registration of a three-dimensional sign in the shape of a handbag as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bottega Veneta International Sàrl to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 108/20

Judgment of the General Court of 26 February 2013 — Spain v Commission

(Case T-65/10) (1)

(ERDF - Reduction of financial assistance - Operational Programmes for ‘Andalusia’ and ‘Comunidad Valenciana’ Objective 1 (1994-1999) - Operational Programme for ‘Basque Country’ Objective 2 (1997-1999) - Extrapolation)

2013/C 108/54

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially by J. Rodríguez Cárcamo, and subsequently by A. Rubio González, abogados del Estado)

Defendant: European Commission (represented by: A. Steiblytė and J. Baquero Cruz, acting as Agents)

Re:

Application for annulment of Commission Decisions C(2009) 9270 of 30 November 2009, C(2009) 10678 of 23 December 2009 and C(2010) 337 of 28 January 2010 reducing the aid from the European Regional Development Fund (ERDF) granted under, respectively, the operational programme ‘Andalusia’ Objective 1 (1994-1999) under Commission Decision C(94) 3456 of 9 December 1994, the operational programme ‘Basque Country’ Objective 2 (1997-1999) under Commission Decision C(1998) 121 of 5 February 1998, and the operational programme ‘Comunidad Valenciana’ Objective 1 (1994-1999) under Commission Decision C(1994) 3043/6 of 25 November 1994

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 100, 17.4.2010.