ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/44

Judgment of the Court of First Instance of 13 October 2009 — Deutsche Rockwool Mineralwoll v OHIM — Redrock Construction (REDROCK)

(Case T-146/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark REDROCK - Earlier national word mark Rock - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 [now, Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 282/84

Language of the case: Czech

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: S. Beckmann, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Dvořáková and O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redrock Construction s.r.o. (Prague, Czech Republic) (represented by: D. Krofta, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2008 (Case R 506/2007-4) relating to opposition proceedings between Deutsche Rockwool Mineralwoll GmbH & Co. OHG and Redrock Construction s.r.o.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Deutsche Rockwool Mineralwoll GmbH & Co. OHG to bear its own costs and to pay three quarters of the costs incurred by Redrock Construction s.r.o.

3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to bear its own costs and to pay one quarter of the costs incurred by Redrock Construction s.r.o.

(1) OJ C 158, OF 21.6.2008.
EN Official Journal of the European Union C 205/34

Judgment of the Court of First Instance of 8 July 2009 — Promat v OHIM — Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)

(Case T-71/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. - Earlier national word mark PROMINA - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

2009/C 205/62

Language of the case: German

Parties

Applicant: Promat GmbH (Ratingen, Germany) (represented initially by S. Beckmann, and subsequently by H. Alt, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Prosima Comercial, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007-2) relating to opposition proceedings between Promat GmbH and Prosima Comercial, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Promat GmbH to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 24/48

Judgment of the General Court of 10 December 2009 — Antwerpse Bouwwerken v European Commission

(Case T-195/08) (1)

(Public procurement - Community tendering procedure - Construction of a reference materials production hall - Rejection of a tender - Action for annulment - Interest in bringing proceedings - Admissibility - Interpretation of a condition laid down in the contract documents - Compliance of a tender with the conditions laid down in the contract documents - Exercise of the power to request clarification of tenders - Action for damages)

2010/C 24/83

Language of the case: Dutch

Parties

Applicant: Antwerpse Bouwwerken NV (Antwerp, Belgium) (represented initially by: J. Verbist and D. de Keuster, and subsequently by: J. Verbist, B. van de Walle de Ghelcke and A. Vandervennet, lawyers)

Defendant: European Commission (represented by: E. Manhaeve, acting as Agent, and by M. Gelders, lawyer)

Re:

Application for, firstly, annulment of the decision of the Commission rejecting the tender submitted by the applicant in a restricted public procurement procedure concerning the construction of a reference materials production hall in the grounds of the Institut des matériaux et mesures de référence (Institute for Reference Materials and Measurements) in Geel (Belgium) and awarding the contract to another tenderer and, secondly, compensation for the damage purportedly suffered by the applicant by reason of that decision of the Commission

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Antwerpse Bouwwerken NV to pay the costs, including those relating to the proceedings for interim relief in Case T 195/08 R.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 312/29

Judgment of the Court of First Instance of 11 November 2009 — Bayer Healthcare LLC v OHIM — Uriach-Aquilea OTC (CITRACAL)

(Case T-277/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CITRACAL - Earlier national word mark CICATRAL - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 312/47

Language of the case: English

Parties

Applicant: Bayer Healthcare LLC (Morristown, New Jersey, United States) (represented by: M. Edenborough, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Uriach-Aquilea OTC, SL (Palau-Solita i Plegamans, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC

Operative part of the order

1. Dismisses the action.

2. Orders Bayer Healthcare LLC to pay the costs.

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 148/27

Judgment of the General Court of 21 April 2010 — Coin v OHIM — Dynamiki Zoi (Fitcoin)

(Case T-249/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ‘Fitcoin’ - Earlier national, international and Community figurative marks ‘coin’ - Relative ground for refusal - Relevant public - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 148/48

Language of the case: English

Parties

Applicant: Coin SpA (Venice, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dynamiki Zoi AE (Athens, Greece)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 April 2008 (Case R 1429/2007-1), relating to opposition proceedings between Coin SpA and Dynamiki Zoi AE.

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 15 April 2008 (Case R 1429/2007-1);

2. Orders OHIM to pay the costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 113/43

Judgment of the General Court of 4 March 2010 — Monoscoop v OHIM (SUDOKU SAMURAI BINGO)

(Case T-564/08) (1)

(Community trade mark - Application for Community word mark SUDOKU SAMURAI BINGO - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 113/68

Language of the case: Spanish

Parties

Applicant: Monoscoop BV (Alkmaar, Netherlands) (represented by: A. Canela Giménez, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 September 2008 (Case R 816/2008-2) concerning an application for registration of the word mark SUDOKU SAMURAI BINGO as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monoscoop BV to pay the costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 209/33

Judgment of the General Court of 15 June 2010 — Actega Terra v OHIM (TERRAEFFEKT matt & gloss)

(Case T-118/08) (1)

(Community trade mark - Application for the Community word mark TERRAEFFEKT matt & gloss - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 209/48

Language of the case: German

Parties

Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: A. Andorfer-Erhard, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1467/2007-1) concerning an application for registration of the word sign TERRAEFFEKT matt & gloss as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Actega Terra GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 179/35

Judgment of the General Court of 19 May 2010 — Ravensburger v OHIM — Educa Borras (EDUCA Memory game)

(Case T-243/08) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark EDUCA Memory game - Earlier national and international word marks MEMORY - Relative ground for refusal - Lack of similarity between the signs - Articles 8(1)(b) and (5), 74 and 75 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 76 and 77 of Regulation (EC) No 207/2009))

2010/C 179/60

Language of the case: English

Parties

Applicant: Ravensburger AG (Ravensburg, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Educa Borras, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 April 2008 (Case R 597/2007-2) relating to invalidity proceedings between Ravensburger AG and Educa Borras, SA.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Ravensburger AG to pay the costs.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 234/34

Judgment of the General Court of 9 July 2010 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)

(Case T-510/08) (1)

(Community trade mark - Revocation proceedings - Community word mark TOCQUEVILLE 13 - Failure to comply with the time-limit for appealing against a revocation decision - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009))

2010/C 234/60

Language of the case: Italian

Parties

Applicant: Toqueville Srl (Milan, Italy) (represented by: S. Bariatti, I Palombella and E. Cucchiara, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Marco Schiesaro (Limbiate, Italy) (represented by: A. Canella and D. Camaiora, lawyers)

Re:

Action brought against the decision of 26 August 2008 of the Second Board of Appeal of OHIM (Case R 829/2008-2) concerning the applicant’s application for restitutio in integrum

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Toqueville Srl to pay the costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 221/39

Judgment of the General Court of 30 June 2010 — Matratzen Concord v OHIM — Barranco Schnitzler and Barranco Rodriguez (MATRATZEN CONCORD)

(Case T-351/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark MATRATZEN CONCORD - Earlier national word mark MATRATZEN - Relative ground for refusal - Evidence of use of the earlier mark - Obligation to state the reasons on which a decision is based - Article 73 of Regulation (EC) No 40/94 (now Article 75 of Regulation (EC) No 207/2009))

2010/C 221/63

Language of the case: German

Parties

Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: J. Albrecht, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Pablo Barranco Schnitzler and Mariano Barranco Rodriguez (Sant Just Desvern, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 May 2008 (Case R 1034/2007-2), relating to opposition proceedings between (i) Pablo Barranco Schnitzler and Mariano Barranco Rodriguez and (ii) Matratzen Concord GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 May 2008 (Case R 1034/2007-2);

2. Orders OHIM to pay the costs.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 301/26

Judgment of the General Court of 13 September 2010 — Schniga v CPVO — Elaris and Brookfield New Zealand (Gala Schnitzer)

(Case T-135/08) (1)

(Plant varieties - Application for a Community plant variety right for the Gala Schnitzer apple variety - Technical examination - Discretion of the CPVO - Objections - Article 55(4) of Regulation (EC) No 2100/94)

2010/C 301/42

Language of the case: English

Parties

Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Community Plant Variety Office (CPVO) (represented by: B. Kiewiet and M. Ekvad, Agents)

Other parties to the proceedings before the Board of Appeal of the CPVO, interveners before the General Court: Elaris SNC (Angers, France), and Brookfield New Zealand Ltd (Havelock North, New Zealand) (represented by: M. Eller, lawyer)

Re:

ACTION against the decision of the Board of Appeal of the CPVO of 21 November 2007 (Cases A 003/2007 and A 004/2007), concerning the grant of a Community plant variety right for the Gala Schnitzer plant variety.

Operative part of the judgment

The Court

1. Annuls the decision of the Board of Appeal of the Community Plant Variety Office (CPVO) of 21 November 2007 (Cases A 003/2007 and A 004/2007);

2. Orders the CPVO to bear its own costs and to pay those incurred by Schniga GmbH;

3. Orders Elaris SNC and Brookfield New Zealand Ltd to bear their own costs.

(1) OJ C 142, 7.6.2008.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — 4care v OHIM — Laboratorios Diafarm (Acumed)

(Case T-575/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Acumed - Earlier national word mark AQUAMED ACTIVE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

(2010/C 288/70)

Language of the case: German

Parties

Applicant: 4care AG (Kiel, Germany) (represented by: S. Redeker and M. Diesbach, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Laboratorios Diafarm, SA (Barberà del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 October 2008 (Case R 1636/2007-2), relating to opposition proceedings between Laboratorios Diafarm, SA and 4care AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 4care AG to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 38/11

Judgment of the General Court of 15 December 2010 — CEAHR v Commission

(Case T-427/08) (1)

(Agreements, decisions and concerted practices - Abuse of dominant position - Decision rejecting a complaint - Refusal of Swiss watch producers to supply spare parts to independent watch repairers - Community interest - Relevant market - Primary market and after market - Duty to give reasons - Manifest error of assessment)

2011/C 38/16

Language of the case: English

Parties

Applicant: Confédération européenne des associations d’horlogers-réparateurs (CEAHR) (Brussels, Belgium) (represented by: P. Mathijsen, lawyer)

Defendant: European Commission (represented by: X. Lewis and F. Ronkes Agerbeek, and subsequently by F. Ronkes Agerbeek and F. Castilla Contreras, Agents)

Intervener in support of the defendant: Richemont International SA (Bellevue, Switzerland) (represented by J. Ysewyn, lawyer, and H. Crossley, Solicitor)

Re:

Annulment of Commission Decision C(2008) 3600 of 10 July 2008 rejecting the complaint lodged by the applicant in Case COMP/E-l/39097

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2008) 3600 of 10 July 2008 in Case COMP/E-1/39097;

2. Orders Richemont International SA to pay, in addition to its own costs, those incurred by the Confédération européenne des associations d’horlogers-réparateurs (CEAHR) as a result of the intervention;

3. Orders the European Commission to pay, in addition to its own costs, the remainder of those incurred by the CEAHR.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 328/29

Judgment of the General Court of 21 October 2010 — Umbach v Commission

(Case T-474/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a contract concluded under the TACIS programme - Request for access concerning a dispute between the applicant and the Commission before a Belgian civil court - Partial refusal of access - Request for access based on the principles deriving from the EU Treaty - Overriding public interest)

2010/C 328/49

Language of the case: German

Parties

Applicant: Dieter C. Umbach (Bangkok, Thailand) (represented by: M. Stephani, lawyer)

Defendant: European Commission (represented by: P. Costa de Oliveira and T. Scharf, acting as Agents)

Re:

Application for annulment of the Commission’s decision of 2 September 2008 refusing the applicant access to certain data in documents concerning a contract headed ‘TACIS Service Contract No 98.0414’ relating to assistance in the drafting of an administrative code for the Russian Federation

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Dieter C. Umbach to pay the costs.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 160/16

Judgment of the General Court of 13 April 2011 — Germany v Commission

(Case T-576/08) (1)

(Agriculture - Common organisation of the markets - Distribution of food from intervention stocks for the benefit of the most deprived persons - Regulation (EC) No 983/2008 - Plan allocating to the Member States resources to be charged to the 2009 budget year for the distribution programme - Mobilisations on the market - Actions for annulment)

2011/C 160/21

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: initially M. Lumma and B. Klein, then M. Lumma, B. Klein, T.Henze and N. Graf Vitzthum, acting as Agents)

Defendant: European Commission (represented by: F. Erlbacher and A. Szmytkowska, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by A. Falk, K. Petkovska, S. Johannesson and M. A Engman, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by B. Plaza Cruz, acting as Agent); French Republic (represented by G. de Bergues and B. Cabouat, acting as Agents); Italian Republic (represented initially by I. Bruni, acting as Agent, and subsequently par M. P. Gentili, avvocato dello Stato); and Republic of Poland (represented initially by M. Dowgielewicz, and subsequently by M. Szpunar, and finally by Szpunar, B. Majczyna and M. Drwiecki, acting as Agents)

Re:

ACTION for partial annulment of Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community (OJ 2008 L 268, p. 3).

Operative part of the judgment

The Court:

1. Annuls Article 2 of and Annex II to Commission Regulation (EC) No 983/2008 of 3 October 2008 adopting the plan allocating to the Member States resources to be charged to the 2009 budget year for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community;

2. Orders that the validity of allocations already made is not affected by the annulment of Article 2 of and Annex II to Regulation No 983/2008;

3. Orders the European Commission to bear its own costs and to pay those incurred by the Federal Republic of Germany;

4. Orders the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Poland and the Kingdom of Sweden to bear their own costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 55/21

Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission

(Case T-362/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC - Documents originating from a Member State - Objection on the part of the Member State - Partial refusal of access - Exception relating to the economic policy of a Member State - Article 4(5) to (7) of Regulation No 1049/2001)

2011/C 55/36

Language of the case: English

Parties

Applicant: IFAW Internationaler Tierschutz-Fonds gGmbH (Hamburg, Germany) (represented by: S. Crosby, Solicitor and S. Santoro, lawyer)

Defendant: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by J. Bering Liisberg and B. Weis Fogh, Agents); Republic of Finland (represented initially by J. Heliskoski, M. Pere and H. Leppo, and later by J. Heliskoski, Agents); and Kingdom of Sweden (represented by K. Petkovska, A. Falk and S. Johannesson, Agents)

Re:

Annulment of the Commission’s decision of 19 June 2008 partly refusing to grant the applicant access to certain documents transmitted to the Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IFAW Internationaler Tierschutz-Fonds gGmbH to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.

(1) OJ C 301, 22.11.2008.