ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 5/33

Judgment of the General Court of 16 November 2017 — Galletas Gullón v EUIPO — HUG (GULLON DARVIDA)

(Case T-456/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark GULLON DARVIDA - Earlier international and national word marks DAR VIDA - Documents produced for the first time before the Board of Appeal - Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) - Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) - Rule 50(1) of Regulation No 2868/95 - Relative ground for refusal - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) - Likelihood of confusion))

(2018/C 005/44)

Language of the case: English

Parties

Applicant: Galletas Gullón, SA (Aguilar de Campoo, Spain) (represented by: I. Escudero Pérez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hug AG (Malters, Switzerland) (represented by: A. Renck and J. Schmitt, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 June 2016 (Case R 773/2015-4) relating to opposition proceedings between Hug and Galletas Gullón.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Galletas Gullón, SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Hug AG.

(1) OJ C 383, 17.10.2016.
EN Official Journal of the European Union C 437/29

Judgment of the General Court of 8 November 2017 — Oakley v EUIPO — Xuebo Ye (Representation of a discontinuous ellipse)

(Case T-754/16) (1)

((European Union trade mark - Opposition proceedings - Application for registration of an EU figurative mark representing a silhouette in the shape of a discontinuous ellipse - Prior EU figurative mark representing an ellipse - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EC No 207/2009 (now Article 8(1)(b) and (5) of Regulation (EU) 2017/1001)))

(2017/C 437/35)

Language of the case: Spanish

Parties

Applicant: Oakley, Inc. (Foothill Ranch, California, United States) (represented by: E. Ochoa Santamaría and V. Rodríguez Pombo, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Xuebo Ye (Wenzhou, China)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 31 August 2016 (Case R 2608/2015-4) concerning opposition proceedings between Oakley and Xuebo Ye.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 August 2016 (Case R 2608/2015-4) insofar as it confirmed the decision of the Opposition Division and rejected the opposition inasmuch as it is based on the ground set out in Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (now Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark);

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 14, 16.1.2017.
EN Official Journal of the European Union C 22/33

Judgment of the General Court of 28 November 2017 — adp Gauselmann v EUIPO (Juwel)

(Case T-31/16) (1)

((European Union trade mark - Application for EU word mark Juwel - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 022/45)

Language of the case: German

Parties

Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Schifko and A. Söder, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 November 2015 (Case R 2571/2014-1) concerning an application for registration of word mark Juwel as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders adp Gauselmann GmbH to pay the costs.

(1) OJ C 106, 21.3.2016.
—

Application on the basis of Article 270 TFEU seeking, firstly, annulment of the decisions, contained in the salary statements of April 2015 and thereafter, to apply to the applicants the decision of the Board of Directors of the defendant of 16 December 2014 and the decision of the Management Committee of the defendant of 4 February 2015, and of the notices drawn up in April 2015 concerning the performance rewards and, secondly, an order that the EIB pay the applicants, firstly, the difference between the remuneration resulting from the decisions cited above and that due in accordance with the obligations of the EIB and, secondly, damages in respect of the pecuniary harm, as a result of the loss of purchasing power, allegedly suffered by the applicants and compensation for the non-pecuniary harm allegedly suffered by the applicants.
EN Official Journal of the European Union C 42/21

Judgment of the General Court of 13 December 2017 — Laboratorios Ern v EUIPO — Ascendo Medienagentur (SLIMDYNAMICS)

(Case T-700/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark SLIMDYNAMICS - Earlier national word mark DYNAMIN - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 042/30)

Language of the case: English

Parties

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

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Ascendo Medienagentur AG (Gamprin-Bendern, Liechtenstein)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 July 2016 (Joined Cases R 1814/2015-4 and R 1780/2015-4) relating to opposition proceedings between Laboratorios Ern and Ascendo Medienagentur.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laboratorios Ern, SA to pay the costs.

(1) OJ C 462, 12.12.2016.
EN Official Journal of the European Union C 32/21

Judgment of the General Court of 12 December 2017 — Sony Computer Entertainment Europe v EUIPO — Vieta Audio (Vita)

(Case T-35/16) (1)

((EU trade mark - Revocation proceedings - EU word mark Vita - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) - Use in connection with the goods in question - Obligation to state reasons))

(2018/C 032/28)

Language of the case: English

Parties

Applicant: Sony Computer Entertainment Europe Ltd (London, United Kingdom) (represented by: S. Malynicz QC)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vieta Audio, SA (Barcelona, Spain) (represented by I. Barroso Sánchez-Lafuente, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 November 2015 (Case R 2232/2014-5), relating to revocation proceedings between Vieta Audio and Sony Computer Entertainment Europe.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 November 2015 (Case R 2232/2014-5), relating to revocation proceedings between Vieta Audio, SA and Sony Computer Entertainment Europe Ltd;

2. Orders EUIPO to bear its own costs and to pay those incurred by Sony Computer Entertainment Europe;

3. Orders Vieta Audio to bear its own costs.

(1) OJ C 106, 21.3.2016.
EN Official Journal of the European Union C 72/34

Judgment of the General Court of 16 January 2018 — Sun Media v EUIPO — Meta4 Spain (METAPORN)

(Case T-273/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark METAPORN - Earlier EU and national word marks META4 and earlier figurative marks meta4 - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Similarity of the services - Meaning of complementary services - Similarity of the signs - Likelihood of confusion))

(2018/C 072/43)

Language of the case: English

Parties

Applicant: Sun Media Ltd (Hong Kong, China) (represented by: A. Schnider, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Meta4 Spain, SA (Las Rozas, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 3 March 2016 (Joined Cases R 653/2015-2 and R 674/2015-2) relating to opposition proceedings between Meta4 Spain and Sun Media.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sun Media Ltd to pay the costs.

(1) OJ C 270, 25.7.2016.
EN Official Journal of the European Union C 42/17

Judgment of the General Court of 14 December 2017 — Martinez De Prins and Others v EEAS

(Case T-575/16) (1)

((Civil service - Officials - Agents - Remuneration - EEAS staff posted to a third country - Article 10 of Annex X to the Staff Regulations - Annual assessment of the allowance for living conditions - Decision to reduce the allowance for living conditions in Ghana from 25 % to 20 % - Plea of illegality))

(2018/C 042/24)

Language of the case: French

Parties

Applicants: David Martinez De Prins (Accra, Ghana) and the 9 other applicants whose names are annexed to the judgment (represented by: N. de Montigny and J.-N. Louis, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt, acting as Agent, and M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application based on Article 270 TFEU seeking the annulment of the applicants’ salary statements of the month of March 2015 as well as their subsequent salary statements, to the extent that those statements apply the decision of the EEAS of 23 February 2015 to reduce, from 1 January 2015, the allowance for living conditions paid to EU staff posted to Ghana.

Operative part of the judgment

1. The salary statements of Mr David Martinez De Prins and the other officials and agents of the European External Action Service (EEAS) whose names are in annex established by the EEAS for the month of March 2015 are annulled to the extent that those statements apply the decision of the EEAS of 23 February 2015 to reduce, from 1 January 2015, the allowance for living conditions paid to EU staff posted to Ghana.

2. The action is dismissed for the remainder.

3. The EEAS is ordered to pay the costs.

(1) OJ C 111, 29.3.2016 (case initially registered before the Civil Service Tribunal of the European Union under the number F-153/15 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 104/33

Judgment of the General Court of 5 December 2017 — El Corte Inglés v EUIPO — Elho Business & Sport (FREE STYLE)

(Case T-213/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark FREE STYLE - Absolute ground for refusal - No distinctive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Article 76 of Regulation No 207/2009 (now Article 95 of Regulation 2017/1001) - Equal treatment))

(2018/C 104/43)

Language of the case: English

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Elho Business & Sport Vertriebs GmbH (Obergriesbach, Germany) (represented by E. Warnke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 February 2016 (Case R 378/2015-1), relating to invalidity proceedings between Elho Business & Sport and El Corte Inglés.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 94/19

Judgment of the General Court of 26 January 2018 — Centro Clinico e Diagnostico G.B. Morgagni v Commission

(Case T-172/16) (1)

((State aid - Reduced taxes and contributions due from undertakings located in areas affected by natural disasters occurring in Italy - Decision declaring the aid incompatible with the internal market and ordering its recovery - Action for annulment - Potential beneficiary as the holder of an acquired right - Direct and individual concern - Admissibility - Equal treatment - Legitimate expectations))

(2018/C 094/24)

Language of the case: Italian

Parties

Applicant: Centro Clinico e Diagnostico G.B. Morgagni Srl (Catania, Italy) (represented by: E. Castorina, lawyer)

Defendant: European Commission (represented by: P. Stancanelli and V. Bottka, acting as Agents)

Re:

Principally, an application seeking ‘an EU-law-compatible interpretation’ of Commission Decision (EU) 2016/195 of 14 August 2015 on State aid measures SA.33083 (12/C) (ex 12/NN) implemented by Italy providing for reduced taxes and contributions linked to natural disasters (all sectors except agriculture) and SA.35083 (12/C) (ex 12/NN), implemented by Italy providing for reduced taxes and contributions linked to the earthquake in Abruzzo in 2009 (all sectors except agriculture) (OJ 2016 L 43, p. 1) and, in the alternative, an application based on Article 263 TFEU seeking the annulment of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Centro Clinico e Diagnostico G.B. Morgagni Srl to pay the costs.

(1) OJ C 211, 13. 6. 2016.
EN Official Journal of the European Union C 142/48

Judgment of the General Court of 7 March 2018 — Fertisac v ECHA

(Case T-855/16) (1)

((REACH - Fee due for registration of a substance - Reduction granted to SMEs - Verification by ECHA of the declaration relating to the size of the enterprise - Decision imposing an administrative charge - Recommendation 2003/361/EC - Exceeding of financial ceilings - Concept of ‘linked enterprise’))

(2018/C 142/63)

Language of the case: Spanish

Parties

Applicant: Fertisac, SL (Atarfe, Spain) (represented by: J. Gomez Rodriguez, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented by E. Maurage, J.-P. Trnka and M. Heikkilä, acting as Agents, and C. Garcia Molyneux and L. Tosoni, lawyers)

Re:

Application based on Article 263 TFEU seeking the annulment of ECHA Decision SME(2016) 5150 of 15 November 2016, which states that the applicant has not fulfilled the conditions required in order to benefit from a reduced fee for medium-sized enterprises and imposes payment of an administrative charge and invoices Nos 10060160 and 10060161 issued by the ECHA and annexed to Decision SME(2016) 5150.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fertisac, SL to pay the costs, including those relating to the interim proceedings.

(1) OJ C 30, 30.1.2017.
EN Official Journal of the European Union C 134/20

Judgment of the General Court of 27 February 2018 — Zink v Commission

(Case T-338/16 P) (1)

((Appeal - Civil service - Officials - Remuneration - Expatriation allowance - No payment of the allowance for a number of years following an administrative error - Article 90(1) of the Staff Regulations - Reasonable period of time))

(2018/C 134/27)

Language of the case: French

Parties

Appellant: Richard Zink (Bamako, Mali) (represented by: N. de Montigny and J.-N. Louis, lawyers)

Other party to the proceedings: European Commission (represented by: T. Bohr and F. Simonetti, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016, Zink v Commission (F-77/15, EU:F:2016:74), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 11 April 2016, Zink v Commission (F-77/15);

2. Annuls the decision of 23 July 2014 of the Office for ‘Administration and Payment of Individual Entitlements’ (PMO) of the European Commission to the extent that, pursuant to that decision, the Commission had refused to pay Mr Richard Zink the expatriation allowance relating to the period between 1 September 2007 and 30 April 2009;

3. Dismisses, as to the remainder, the action brought before the Civil Service Tribunal, registered as Case F-77/15;

4. Orders the Commission to pay the costs of the proceedings on appeal and at first instance.

(1) OJ C 305, 22.8.2016.
Case T-763/16: Judgment of the General Court of 12 April 2018 — PY v EUCAP Sahel Niger (Arbitration clause — Staff of EU international missions — Disputes concerning employment contracts — Internal investigation procedures — Protection of victims in cases where a claim of harassment has been made — Contractual liability)

Judgment of the General Court of 12 April 2018 — PY v EUCAP Sahel Niger

(Case T-763/16) ( 1 )

‛(Arbitration clause — Staff of EU international missions — Disputes concerning employment contracts — Internal investigation procedures — Protection of victims in cases where a claim of harassment has been made — Contractual liability)’

Parties

Applicant: PY (represented by: S. Rodrigues and A. Tymen, lawyers)

Defendant: EUCAP Sahel Niger (Niamey, Niger) (represented by: E. Raoult and M. Vicente Hernandez, lawyers)

Re:

Action based on Article 272 TFEU seeking an order requiring EUCAP Sahel Niger to pay compensation to the applicant for the harm allegedly suffered by the latter as a result of a breach of contract by EUCAP Sahel Niger.

Operative part of the judgment

The Court:

1. Orders EUCAP Sahel Niger to pay to PY the sum of EUR 10000;

2. Dismisses the action as to the remainder;

3. Orders EUCAP Sahel Niger to pay, in addition to its own costs, three quarters of the costs incurred by PY.

( 1 ) OJ C 6, 9.1.2017.
EN Official Journal of the European Union C 161/49

Judgment of the General Court of 20 March 2018 — Argyraki v Commission

(Case T-734/16) (1)

((Civil service - Officials - Pensions - Calculation of years - Taking into account periods of service completed as a member of the auxiliary staff - Conditions - Legal basis))

(2018/C 161/54)

Language of the case: French

Parties

Applicant: Vassilia Argyraki (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: initially, G. Berscheid, G. Gattinara and A.-C. Simon, then G. Berscheid, G. Gattinara and L. Radu Bouyon, Agents)

Re:

Application on the basis of Article 270 TFEU and seeking annulment of the decision of the Office for the Administration and Payment of Individual Entitlements (PMO) dated 29 January 2016 by which the latter refused the applicant’s request to have the periods of service she supplied as a member of the auxiliary staff validated as periods completed as a member of the temporary staff in the calculation of her pension rights.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) dated 29 January 2016 by which the latter refused Ms Vassilia Argyraki’s request to have the periods of service she supplied as a member of the auxiliary staff validated as periods completed as a member of the temporary staff in the calculation of her pension rights;

2. Orders the European Commission to pay the costs.

(1) OJ C 462, 12.12.2016.
Case T-626/16: Judgment of the General Court of 16 May 2018 — Troszczynski v Parliament (Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality)

Judgment of the General Court of 16 May 2018 — Troszczynski v Parliament

(Case T-626/16) ( 1 )

‛(Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Electa una via — Rights of the defence — Burden of proof — Obligation to state reasons — Political rights — Equal treatment — Misuse of power — Independence of the Members — Error of fact — Proportionality)’

Parties

Applicant: Mylène Troszczynski (Noyon, France) (represented initially by: M. Ceccaldi, and subsequently by F. Wagner, lawyers)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of the decision of the Secretary-General of the Parliament of 23 June 2016 concerning the recovery from the applicant of a sum of EUR 56554 wrongfully paid as parliamentary assistance allowance and the debit note relating thereto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Mylène Troszczynski to bear her own costs and to pay those incurred by the European Parliament, including those related to the interlocutory proceedings.

( 1 ) OJ C 383, 17.10.2016.
Case T-47/16: Judgment of the General Court of 3 May 2018 — Sigma Orionis SA v REA (Arbitration clause — ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments under a grant agreement following a financial audit — Action seeking to obtain payment of the amounts owed by the REA in the context of the implementation of a grant agreement)

Judgment of the General Court of 3 May 2018 — Sigma Orionis SA v REA

(Case T-47/16) ( 1 )

‛(Arbitration clause — ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments under a grant agreement following a financial audit — Action seeking to obtain payment of the amounts owed by the REA in the context of the implementation of a grant agreement)’

Parties

Applicant: Sigma Orionis SA (Valbonne, France) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: Research Executive Agency (REA) (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, assisted by D. Waelbroeck and A. Duron, lawyers)

Re:

Action under Article 272 TFEU seeking an order directing the REA to pay to the applicant amounts due under a grant agreement concluded in the context of ‘Horizon 2020 — the Framework Programme for Research and Innovation’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sigma Orionis SA to pay the costs, including those relating to the interlocutory proceedings.

( 1 ) OJ C 98, 14.3.2016.