ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 8 May 2019 — VI.TO. v EUIPO — Bottega (Shape of a pink bottle)

(Case T-325/18) (1)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a pink bottle - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Distinctive character - Article 7(1)(e)(i) to (iii) of Regulation No 207/2009 (now Article 7(1)(e)(i) to (iii) of Regulation 2017/1001)

(2019/C 230/52)

Language of the case: Italian

Parties

Applicant: Vinicola Tombacco (VI.TO.) Srl (Trebaseleghe, Italy) (represented by: L. Giove, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Scardocchia and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sandro Bottega (Colle Umberto, Italy) (represented by: R. Galli, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 1037/2017-1), relating to invalidity proceedings between VI.TO. and Mr Bottega.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vinicola Tombacco (VI.TO.) Srl to pay the costs.

(1) OJ C 268, 30.7.2018.
Official Journal of the European Union

Judgment of the General Court of 7 May 2019 — WP v EUIPO

(Case T-407/18) (1)

(Civil service - Temporary staff - Fixed-term contracts - Decision not to renew - Manifest error of assessment - Duty to have regard for the welfare of staff - Equal treatment - Rule of correspondence between the application and the complaint)

(2019/C 213/33)

Language of the case: English

Parties

Applicant: WP (represented by: H. Tettenborn, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and K. Tóth, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision of EUIPO of 6 October 2017 refusing a second renewal of the applicant’s temporary staff contract.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders WP to pay the costs.

(1) OJ C 319, 10.9.2018.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — Rietze v EUIPO — Volkswagen (VW Bus T 5 vehicle)

(Case T-43/18) (1)

(Community designs - Invalidity proceedings - Registered Community design representing the VW Bus T 5 vehicle - Earlier Community design - Ground for invalidity - Individual character - Informed user - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

(2019/C 255/45)

Language of the case: German

Parties

Applicant: Rietze GmbH & Co. KG (Altdorf, Germany) (represented by: M. Krogmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Volkswagen AG (Wolfsburg, Germany) (represented by: C. Klawitter, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 21 November 2017 (Case R 1204/2016-3) relating to invalidity proceedings between Rietze and Volkswagen.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 104, 19.3.2018.
Official Journal of the European Union

Judgment of the General Court of 8 May 2019 — VI.TO. v EUIPO — Bottega (Shape of a golden bottle)

(Case T-324/18) (1)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a golden bottle - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Distinctive character - Article 7(1)(e)(i) to (iii) of Regulation No 207/2009 (now Article 7(1)(e)(i) to (iii) of Regulation 2017/1001)

(2019/C 230/51)

Language of the case: Italian

Parties

Applicant: Vinicola Tombacco (VI.TO.) Srl (Trebaseleghe, Italy) (represented by: L. Giove, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Scardocchia and A. Folliard Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sandro Bottega (Colle Umberto, Italy) (represented by: R. Galli, lawyer

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 1036/2017-1), relating to invalidity proceedings between VI.TO. and Mr Bottega.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vinicola Tombacco (VI.TO.) Srl to pay the costs.

(1) OJ C 259, 23.7.2018.
Official Journal of the European Union

Judgment of the General Court of 19 June 2019 — Multifit v EUIPO (Premiere)

(Case T-479/18) (1)

(EU trade mark - Application for EU word mark Premiere - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)

(2019/C 288/65)

Language of the case: German

Parties

Applicant: Multifit Tiernahrungs GmbH (Krefeld, Germany) (represented by: N. Weber and L. Thiel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Sesma Merino, D. Walicka and A. Söder, acting as Agents)

Re:

Action seeking annulment of the decision of the Second Board of Appeal of EUIPO of 28 May 2018 (Case R 2365/2017-2) concerning an application for registration of the word sign Premiere as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Multifit Tiernahrungs GmbH to pay the costs.

(1) OJ C 341, 24.9.2018.
Judgment of the General Court of 13 June 2019 — Pielczyk v EUIPO — Thalgo TCH (DERMÆPIL SUGAR EPIL SYSTEM)

(Case T-398/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark DERMÆPIL sugar epil system - Earlier national figurative mark dermépil - Relative ground for refusal - Genuine use of the mark - Article 57(2) and (3) of Regulation (EC) No 207/2009 (now Article 64 (2) and (3) of Regulation (EU) 2017/1001) - Likelihood of confusion - Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) read in conjunction with Article 8(1)(b) of that regulation (now Article 8(1)(b) of Regulation 2017/1001) - Comparison of the goods)

(2019/C 263/54)

Language of the case: English

Parties

Applicant: Radoslaw Pielczyk (Klijndijk, Netherlands) (represented by: K. Kielar, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and K. Kompari, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Thalgo TCH (Roquebrune-sur-Argens, France) (represented by: C. Bercial Arias, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 April 2018 (Joined Cases R 979/2017-4 and R 1070/2017-4) concerning invalidity proceedings between Thalgo TCH and Mr Pielczyk

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Radoslaw Pielczyk to pay the costs.

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Judgment of the General Court of 20 June 2019 — Nonnemacher v EUIPO — Ingram (WKU)

(Case T-389/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark WKU - Earlier EU word marks WKA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - No limitation in consequence of acquiescence - Article 61(1) of Regulation 2017/1001)

(2019/C 305/61)

Language of the case: German

Parties

Applicant: Klaus Nonnemacher (Karlsruhe, Germany) (represented by: C. Zierhut, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Paul Ingram (Birmingham, United Kingdom) (represented by: A. Haberl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 April 2018 (Case R 399/2017-1), relating to invalidity proceedings between Mr Ingram and Mr Nonnemacher.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Klaus Nonnemacher to pay the costs.

(1) OJ C 285, 13.8.2018.
Judgment of the General Court of 11 July 2019 — Arbuzov v Council

(Case T-284/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)

(2019/C 295/35)

Language of the case: Czech

Parties

Applicant: Sergej Arbuzov (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: R. Pekař and P. Mahnič, Agents)

Re:

Action under Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Sergej Arbuzov’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 249, 16.7.2018.
Official Journal of the European Union

Judgment of the General Court of 10 September 2019 — BO v Court of Justice of the European Union

(Case T-50/18) (1)

(Public service contracts - Tender procedure - Call for tenders of the Court of Justice of the European Union - Freelance translators - Selection procedure - Rejection of a tenderer’s offer - Obligation to state reasons - Manifest error of assessment)

(2019/C 383/67)

Language of the case: English

Parties

Applicant: BO (represented by: E. Kleani, lawyer)

Defendant: Court of Justice of the European Union (represented by: J. Inghelram, Á. Almendros Manzano and V. Hanley-Emilsson, acting as Agents)

Re:

Action based on Article 263 TFEU seeking annulment of the decision of the Court of Justice of the European Union of 23 November 2017 rejecting the applicant’s tender for the conclusion of a framework contract for the translation of legal texts from German into Greek.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BO to pay the costs.

(1) OJ C 134, 16.4.2018.
Judgment of the General Court of 11 July 2019 — Pshonka v Council

(Case T-285/18) (1)

(Common foreign and security policy - Restrictive measures adopted with regard to the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)

(2019/C 328/53)

Language of the case: Czech

Parties

Applicant: Viktor Pavlovych Pshonka (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and R. Pekař, Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far Viktor Pavlovych Pshonka’s name was maintained on the list of person, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 249, 16.7.2018.
Official Journal of the European Union

Judgment of the General Court of 20 September 2019 — The Logistical Approach v EUIPO — Idea Groupe (Idealogistic Compass Greatest care in getting it there)

(Case T-716/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark Idealogistic Compass Greatest care in getting it there - Earlier international figurative mark IDÉA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 406/42)

Language of the case: French

Parties

Applicant: The Logistical Approach BV (Uden, Netherlands) (represented by: R. Milchior and S. Charbonnel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Idea Groupe (Montoir de Bretagne, France) (represented by: P. Langlais and C. Guyot, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 September 2018 (Case R 2062/2017-4), relating to opposition proceedings between Idea Groupe and The Logistical Approach.

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 21 September 2018 (Case R 2062/2017-4);

2. Orders EUIPO and Idea Groupe to bear their own costs and each to pay half of the costs incurred by The Logistical Approach BV.

(1) OJ C 44, 4.2.2019.
Official Journal of the European Union

Judgment of the General Court of 17 September 2019 — Pharmadom v EUIPO — IRF (MediWell)

(Case T-502/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark MediWell - Earlier national word mark WELL AND WELL and earlier national figurative mark well & well LES PHARMACIENS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 399/62)

Language of the case: English

Parties

Applicant: Pharmadom (Boulogne-Billancourt, France) (represented by: M.-P. Dauquaire, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: IRF s. r. o. (Bratislava, Slovakia)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 June 2018 (Case R 6/2018-5), relating to opposition proceedings between Pharmadom and IRF.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pharmadom to pay the costs.

(1) OJ C 373, 15.10.2018.
Official Journal of the European Union

Judgment of the General Court of 10 October 2019 — Société des produits Nestlé v EUIPO — European Food (FITNESS)

(Case T-536/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark FITNESS - Absolute grounds for refusal - Decision taken following the annulment of an earlier decision by the General Court - Article 65(6) of Regulation (EC) No 207/2009 (now Article 72(6) of Regulation (EU) 2017/1001) - Production of evidence for the first time before the Board of Appeal)

(2019/C 423/54)

Language of the case: English

Parties

Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and C. Elkemann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: European Food SA (Drăgănești, Romania) (represented by: I. Speciac, R. Dincă, I.-F. Cofaru, V.-F. Diaconită and V. Stănese, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2018 (Case R 755/2018-2), relating to invalidity proceedings between European Food and Société des produits Nestlé.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 June 2018 (Case R 755/2018-2);

2. Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA;

3. Orders European Food SA to bear its own costs.

(1) OJ C 399, 5.11.2018.
1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2018 (Case R 2650/2017-2), in so far as registration as an EU trade mark of the word sign real nature was refused for the services ‘advertising; marketing services; organisational and business advice for franchise concepts; providing of business knowhow (franchising)’, in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
Official Journal of the European Union

Judgment of the General Court of 24 October 2019 — Atos Medical v EUIPO — Andreas Fahl Medizintechnik-Vertrieb (medical plasters)

(Case T-559/18) (1)

(Community design - Invalidity proceedings - Registered Community design representing a medical plaster - Disclosure of the earlier designs - Ground for invalidity - Individual character - Informed user - Degree of freedom of the designer - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

(2019/C 432/54)

Language of the case: German

Parties

Applicant: Atos Medical GmbH (Troisdorf, Germany) (represented by: K. Middelhoff, G. Schoenen and S. Biermann, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Andreas Fahl Medizintechnik-Vertrieb GmbH (Cologne, Germany) (represented by: F. Kramer, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 29 June 2018 (Case R 2215/2016-3), relating to invalidity proceedings between Atos Medical and Andreas Fahl Medizintechnik-Vertrieb

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Atos Medical GmbH to pay the costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 24 September 2019 — Pink Lady America v CPVO — WAAA (Cripps Pink)

(Case T-112/18) (1)

(Plant varieties - Nullity proceedings - Cripps Pink apple variety – Articles 10 and 116 of Regulation (EC) No 2100/94 - Novelty - Derogative grace period - Definition of exploitation of the variety - Commercial evaluation - Article 76 of Regulation (EC) No 874/2009 - Late submission of evidence before the Board of Appeal - Evidence submitted for the first time before the General Court)

(2019/C 423/42)

Language of the case: English

Parties

Applicant: Pink Lady America LLC (Yakima, Washington, United States)) (represented by: initially by R. Manno and S. Travaglio, and subsequently by R. Manno, lawyer)

Defendant: Community Plant Variety Office (CPVO) (represented by: M. Ekvad, F. Mattina and M. Garcia Monco-Fuente Agents)

Other party to the proceedings before the Board of Appeal of the CPVO and intervener before the General Court: Western Australian Agriculture Authority (WAAA) (South Perth, Australia) (represented by: T. Bouvet and L. Romestant, lawyers)

Re:

Action brought against the decision of the Board of Appeal of the CPVO of 14 September 2017 (Case A 007/2016), relating to nullity proceedings between the WAAA and Pink Lady America LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pink Lady America LLC to pay the costs.

(1) OJ C 152, 30.4.2018.
Official Journal of the European Union

Judgment of the General Court of 28 November 2019 — Wywiał-Prząda v Commission

(Case T-592/18) (1)

(Civil service - Contract staff - Remuneration - Decision refusing to grant expatriation allowance - Article 4(1)(a) of Annex VII to the Staff Regulations - Work done for another State - Diplomatic status - Five-year reference period)

(2020/C 19/53)

Language of the case: French

Parties

Applicant: Katarzyna Wywiał-Prząda (Wezembeek-Oppem, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: T. Bohr and D. Milanowska, acting as Agents)

Re:

Action under Article 270 TFEU for the annulment of Commission Decision of 23 November 2017 by which the applicant was refused expatriation allowance.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Katarzyna Wywiał-Prząda to pay the costs.

(1) OJ C 427, 26.11.2018.