ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 357/8

Judgment of the General Court of 12 September 2017 — Laufen Austria v Commission

(Case T-411/10 RENV) (1)

((Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision establishing an infringement of Article 101 TFEU and of Article 53 of the EEA Agreement - Fines - Fine imposed jointly and severally on a parent company and its subsidiary - Ceiling of 10 % of turnover - Calculation of the ceiling on the basis solely of the turnover of the subsidiary for the period of the infringement prior to its acquisition by the parent company))

(2017/C 357/09)

Language of the case: Spanish

Parties

Applicant: Laufen Austria AG (Wilhelmsburg, Austria) (represented by: E. Navarro Varona, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre, F. Jimeno Fernández and F. Castilla Contreras, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking, first, partial annulment of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39092 — Bathroom Fittings and Fixtures) and, second, a reduction of the amount of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1. Fixes at EUR 4 788 001 the portion of the fine imposed on Laufen Austria AG for which it is held individually liable in respect of the infringement committed during the period between 12 October 1994 and 28 October 1999;

2. Orders Laufen Austria AG and the European Commission each to bear their own respective costs relating to the proceedings before the General Court and the Court of Justice.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 32/26

Judgment of the General Court of 14 December 2011 — Häfele v OHIM (Infront)

(Case T-166/11) (1)

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

2012/C 32/53

Language of the case: German

Parties

Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: M. Eck and J. Dönch, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2011 (Case R 1711/2010-1), concerning an application for registration of the word sign Infront as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 145, 14.5.2011.
EN Official Journal of the European Union C 258/20

Judgment of the General Court of 12 July 2012 — Hand Held Products v OHIM — Orange Brand Services (DOLPHIN)

(Case T-361/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DOLPHIN - Earlier Community word mark DOLPHIN - Opposition refused in part - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 258/36

Language of the case: English

Parties

Applicant: Hand Held Products, Inc. (Wilmington, Delaware, United States) (represented by: J. Güell Serra and M. Curell Aguilà, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Orange Brand Services Ltd (Bristol, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1443/2010-1), concerning opposition proceedings between Hand Held Products, Inc. and Orange Brand Services Ltd.

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 6 April 2011 (Case R 1443/2010-1) in so far as it rejected the opposition in respect of electrical and electronic accessories;

2. Dismisses the action as to the remainder;

3. Orders Hand Held Products, Inc. and OHIM each to bear their own costs.

(1) OJ C 269, 10.9.2011.
EN Official Journal of the European Union C 200/16

Judgment of the General Court of 22 May 2012 — Vakalis v Commission

(Case T-317/11 P) (1)

(Appeal - Civil service - Officials - Pensions - Transfer of national pension rights - Calculation of years of pensionable service - General implementing provisions - Obligation to state reasons - Principle of the right to be heard - Equal treatment)

2012/C 200/33

Language of the case: French

Parties

Appellant: Ioannis Vakalis (Luvinate, Italy) (represented by: S. Pappas, lawyer)

Other party to the proceedings: European Commission (represented by: D. Martin and J. Baquero Cruz, agents

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 13 April 2011, delivered in Case F-38/10 Vakalis v Commission (not yet published in the ECR), requesting that that judgment be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Ioannis Vakalis to bear his own costs and to pay those of the European Commission relating to these proceedings.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 399/19

Judgment of the General Court of 7 November 2012 — Giordano v Commission

(Case T-114/11) (1)

(Non-contractual liability - Fisheries - Conservation of fisheries resources - Recovery of bluefin tuna stocks - Emergency measures prohibiting fishing by purse seiners - Unlawful conduct - Causal link)

2012/C 399/33

Language of the case: French

Parties

Applicant: Jean-François Giordano (Sète, France) (represented by: D. Rigeade and J. Jeanjean, lawyers)

Defendant: European Commission (represented by: A. Bouquet and D. Nardi, acting as Agents)

Re:

Action for damages seeking compensation for the losses allegedly suffered following the adoption of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jean-François Giordano to pay the costs.

(1) OJ C 139, 7.5.2011.
Official Journal of the European Union

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

(Case T-231/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige - 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 331/40)

Language of the case: German

Parties

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

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially R. Manea then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2011 (Case R 2041/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige 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 238, 13.8.2011.
EN Official Journal of the European Union C 38/20

Judgment of the General Court of 14 December 2012 — Bimbo v OHIM — Grupo Bimbo (GRUPO BIMBO)

(Case T-357/11) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark GRUPO BIMBO - Earlier national word mark BIMBO - Relative ground for refusal - Mark with a reputation - Article 8(5) of Regulation (EC) No 207/2009)

2013/C 38/34

Language of the case: Spanish

Parties

Applicant: Bimbo, SA (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)

Other party to the proceedings before the Board of Appeal of OHIM: Grupo Bimbo, SAB de CV (Mexico City, Mexico)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 April 2011 (Case R 1272/2010-1), relating to opposition proceedings between Bimbo, SA and Grupo Bimbo, SAB de CV.

Operative part of the judgment

The Court:

1. Annuls points 1, 3 and 4 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 April 2011 (Case R 1272/2010-1), relating to opposition proceedings between Bimbo, SA and Grupo Bimbo, SAB de CV;

2. Orders OHIM to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 26/42

Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex)

(Case T-171/11) (1)

(Community trade mark - Application for Community word mark Champflex - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2013/C 26/81

Language of the case: German

Parties

Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by: V. Mensing, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2011 (Case R 1514/2010-4) concerning an application for registration of the word mark Champflex as a Community trade mark.

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 19 January 2011 (Case R 1514/2010-4) in so far as it concerns the goods ‘syringes’;

2. Dismisses the action as to the remainder;

3. Orders Mr Hans-Jürgen Hopf to bear his own costs and to pay half the costs of OHIM, and orders OHIM to bear half of its own costs.

(1) OJ C 145, 14.5.2011.
EN Official Journal of the European Union C 108/22

Judgment of the General Court of 20 February 2013 — Caventa v OHIM — Anson’s Herrenhaus (BERG)

(Case T-225/11) (1)

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

2013/C 108/59

Language of the case: German

Parties

Applicant: Caventa AG (Rekingen, Switzerland) (represented initially by: J. Krenzel, then by T. Stein and A. Segler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anson's Herrenhaus KG (Düsseldorf, Germany) (represented by: O Löffel and P. Lange, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2011 (Case R 740/2010-1), relating to opposition proceedings between Anson’s Herrenhaus KG and Caventa AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Caventa AG to pay the costs.

(1) OJ C 194, 2.7.2011.
EN Official Journal of the European Union C 71/17

Judgment of the General Court of 24 January 2013 — Yordanov v OHIM — Distribuidora comercial del frio (DISCO DESIGNER)

(Case T-189/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DISCO DESIGNER - Earlier figurative Community mark DISCO - Relative ground for refusal - Likelihood of confusion - Identity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 71/25

Language of the case: German

Parties

Applicant: Peter Yordanov (Rousse, Bulgaria) (represented by: T. Walter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and A. Pohlmann, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Distribuidora comercial del frio, SA (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 January 2011 (Case R 803/2010-2), relating to opposition proceedings between Distribuidora comercial del frio, SA and Mr Peter Yordanov.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Peter Yordanov to pay the costs.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 108/22

Judgment of the General Court of 20 February 2013 — Caventa v OHIM — Anson’s Herrenhaus (BERG)

(Case T-224/11) (1)

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

2013/C 108/58

Language of the case: German

Parties

Applicant: Caventa AG (Rekingen, Switzerland) (represented initially by: J. Krenzel, then by T. Stein and A. Segler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anson's Herrenhaus KG (Düsseldorf, Germany) (represented by: O Löffel and P. Lange, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2011 (Case R 1494/2010-1), relating to opposition proceedings between Anson’s Herrenhaus KG and Caventa AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Caventa AG to pay the costs.

(1) OJ C 194, 2.7.2011.
EN Official Journal of the European Union C 129/18

Judgment of the General Court of 20 March 2013 — El Corte Inglés v OHIM — Chez Gerard (CLUB GOURMET)

(Case T-571/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CLUB GOURMET - Earlier national figurative mark CLUB DEL GOURMET, EN. El Corte Inglés - Relative ground for refusal - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Arguments and evidence adduced for the first time before the General Court)

2013/C 129/36

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J.L. Rivas Zurdo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Groupe Chez Gerard Restaurants Ltd (London, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 July 2011 (Case R 1946/2010-1) relating to opposition proceedings between El Corte Inglés, SA and Groupe Chez Gerard Restaurants Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders El Corte Inglés, SA to pay the costs.

(1) OJ C 13, 14.1.2012.
EN Official Journal of the European Union C 178/9

Judgment of the General Court of 14 May 2013 — Morelli v OHIM — Associazone nazionale circolo del popolo della libertà et Brambilla (PARTITO DELLA LIBERTA’)

(Case T-321/11 and 322/11) (1)

(Community trade mark - Opposition proceedings - Application for a Community word mark PARTITO DELLA LIBERTA’ and the Community figurative mark Partito della Libertà - Name of the earlier national domain name ‘partitodellaliberta.it’ - Article 8(4) of Regulation (EC) No 207/2009 - Failure to demonstrate the use of the earlier domain name ‘partitodellaliberta.it’ in the course of trade)

2013/C 178/15

Language of the case: Italian

Parties

Applicant: Raffaello Morelli (Rome, Italy) (represented by: G. Brenelli, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Associazone nazionale circolo del popolo della libertà (Milan, Italy) (Case T-321/11); and Michela Vittoria Brambilla (Milan) (Case T-322/11) (represented by: P. Tarchini, G. Sena and C.M. Furlani, lawyers)

Re:

Actions brought against the decisions of the First Board of Appeal of OHIM of 17 March 2011 (Cases R 1303/2010-1 and R 1304/2010-1) relating to opposition proceedings between Mr Raffaello Morelli, and, respectively, l’Associazione nazionale circolo del popolo della libertà and Mrs Michela Vittoria Brambilla.

Operative part of the judgment

The Court:

1. Joins Cases T-321/11 and T-322/11 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Mr Raffaello Morelli to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 156/39

Judgment of the General Court of 19 April 2013 — Aecops v Commission

(Case T-52/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)

2013/C 156/70

Language of the case: Portuguese

Parties

Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Commission Decision C(89) 570 of 22 March 1989 for the funding of training operations (file 89 0979 P3)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 225/68

Judgment of the General Court of (Third Chamber) of 28 May 2013 — Trabelsi and Others v Council

(Case T-187/11) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Article 17(1) of the Charter of Fundamental Rights of the European Union - Action for damages - Article 44(1)(c) of the Rules of Procedure of the General Court - Inadmissibility)

2013/C 225/150

Language of the case: French

Parties

Applicants: Mohamed Trabelsi, Ines Lejri, Moncef Trabelsi, Selima Trabelsi, Tarek Trabelsi (represented by: initially by A. Metzker, and subsequently by A. Tekari, lawyers)

Defendant: Council of the European Union (represented by: initially by G. Étienne and A. Vitro, and subsequently by G. Étienne, M. Bishop and M. M. Joséphidès, Agents)

Interveners in support of the defendants: European Commission (represented by: A. Bordes and M. Konstantinidis, Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)

Re:

Application for annulment of, first, Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40), and, second, a claim for damages.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia, in so far as it applies to Mr Mohamed Trabelsi.

2. Declares that the effects of Implementing Decision 2011/79 with respect to Mr Mohamed Trabelsi shall be maintained until the expiry of the period for bringing an appeal against the present judgment or, if an appeal is lodged during that period, until its dismissal.

3. Dismisses the remainder of the action.

4. Orders the Council of the European Union to bear, in addition to its own costs, the costs of Mr Mohamed Trabelsi, Mrs Ines Lejri, Mr Moncef Trabelsi, Miss Selima Trabelsi and Mr Tarek Trabelsi, including the costs relating to the application for interim measures.

5. Orders the European Commission and the Republic of Tunisia to bear their own costs.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 225/69

Judgment of the General Court of 28 May 2013 — Al Matri v Council

(Case T-200/11) (1)

(Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - No legal basis)

2013/C 225/152

Language of the case: English

Parties

Applicant: Fahed Mohamed Sakher Al Matri (Doha, Qatar) (represented by: M. Lester, Barrister, and G. Martin, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and I. Gurov, Agents)

Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, Agents); and Republic of Tunisia (represented by: W. Bourdon, lawyer)

Re:

Application for annulment, first, of Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 31, p. 40); secondly, of Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2011 L 31, p. 1); and, thirdly, of Council Decision 2012/50/CFSP of 27 January 2012 amending Decision 2011/72 (OJ 2012 L 27, p. 11), in so far as they apply to the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision 2011/79/CFSP of 4 February 2011 implementing Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and Council Regulation (EU) No 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia, in so far as they concern Mr Fahed Mohamed Sakher Al Matri;

2. Declares that the effects of Implementing Decision 2011/79 with respect to Mr Al Matri shall be maintained until the annulment of Regulation No 101/2011 takes effect in so far as it concerns Mr Al Matri;

3. Declares that there is no need to adjudicate on the remainder of the action;

4. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Al Matri;

5. Orders the European Commission and the Republic of Tunisia to bear their own costs.

(1) OJ C 160, 28.5.2011.