ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 101/15

Judgment of the General Court of 7 February 2013 — EuroChem MCC v Council

(Case T-84/07) (1)

(Dumping - Imports of solutions of urea and ammonium nitrate originating in Russia - Request for an expiry review - Request for an interim review - Admissibility - Normal value - Export price - Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(1) to (3) of Regulation (EC) No 1225/2009))

2013/C 101/31

Language of the case: English

Parties

Applicant: EuroChem Mineral and Chemical Company OAO (EuroChem MCC) (Moscow, Russia) (represented: initially by P. Vander Schueren and B. Evtimov, lawyers, and subsequently by B. Evtimov and D. O’Keeffe, Solicitor)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, Agents, and by G. Berrisch, lawyer)

Intervener in support of the defendant: European Commission (represented by: H. van Vliet and K. Talabér Ritz, Agents)

Re:

Action for annulment of Council Regulation (EC) No 1911/2006 of 19 December 2006 imposing a definitive anti-dumping duty on imports of solutions of urea and ammonium nitrate originating in Algeria, Belarus, Russia and Ukraine following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 (OJ 2006 L 365, p. 26).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders EuroChem Mineral and Chemical Company OAO (EuroChem MCC) to bear its own costs and to pay those incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 102/18

Judgment of the Court of First Instance of 16 March 2009 — R v Commission

(Case T-156/08 P) (1)

(Appeal - Staff case - Probationary officials - Probation report - No act adversely affecting the applicant - Time-limit for initiating proceedings - Lateness)

2009/C 102/28

Language of the case: French

Parties

Appellant: R (Brussels, Belgium) (represented by: Y. Minatchy, avocat)

Other party to the proceedings: Commission of the European Communities (represented by: D. Martin and K. Herrmann, Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (First Chamber) of 19 February 2008 in Case F-49/07 R v Commission, not yet published in the ECR, requesting that that order be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders R to pay his own costs as well as those incurred by the Commission in the context of the present appeal.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 267/62

Judgment of the Court of First Instance of 16 September 2009 — Gres La Sagra v OHIM — Ceramicalcora (VENATTO MARBLE STONE)

(Case T-130/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark VENATTO MARBLE STONE - Earlier national figurative marks VENETO CERÁMICAS - Relative ground for refusal - 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 267/111

Language of the case: Spanish

Parties

Applicant: Gres La Sagra, SL (Alameda de la Sagra, Spain) (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)

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: Ceramicalcora, SA (Alcora, Spain)

Re:

Action brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 30 January 2008 (Case R 1609/2006-4) relating to opposition proceedings between Ceramicalcora, SA and Gres La Sagra, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gres La Sagra, SL to pay the costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 193/20

Judgment of the Court of First Instance of 1 July 2009 — Perfetti Van Melle v OHIM — Cloetta Fazer (CENTER SHOCK)

(Case T-16/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark CENTER SHOCK - Earlier national word marks CENTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

2009/C 193/31

Language of the case: English

Parties

Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Cloetta Fazer AB (Ljungsbro, Sweden) (represented by: J. Runsten and S. Sparring initially, and subsequently by M. Treis, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2007 (Case R 149/2006-4), relating to invalidity proceedings between Cloetta Fazer AB and Perfetti Van Melle SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Perfetti Van Melle SpA to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 11/26

Judgment of the Court of First Instance of 17 November 2009 — Apollo Group v OHIM (THINKING AHEAD)

(Case T-473/08) (1)

(Community trade mark - Application for Community word mark THINKING AHEAD - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2010/C 11/51

Language of the case: English

Parties

Applicant: Apollo Group Inc. (Phoenix, Arizona, United States) (represented by: A. Link and A. Jaeger-Lenz, lawyers)

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

Re:

Action against the decision of the Second Board of Appeal of OHIM of 14 August 2008 (Case R 728/2008-2), concerning an application for registration of the word sign THINKING AHEAD as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Apollo Group, Inc. to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 282/43

Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (!)

(Case T-75/08) (1)

(Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

2009/C 282/81

Language of the case: German

Parties

Applicant: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H.-P. Rühland, B. Willers and T. Rein, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 November 2007 (Case R 1134/2007-1) relating to an application for registration of a figurative sign as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JOOP! GmbH to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 113/42

Judgment of the General Court of 4 March 2010 — Mundipharma v OHIM — ALK-Abelló (AVANZALENE)

(Case T-477/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark AVANZALENE - Earlier Community word mark AVANZ - Likelihood of confusion - 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))

2010/C 113/67

Language of the case: English

Parties

Applicant: Mundipharma AG (Basle, Switzerland) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: ALK-Abelló A/S (Hørsholm, Denmark) (represented by: S. Palomäki Arnesen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1694/2007-4), relating to opposition proceedings between ALK-Abelló A/S and Mundipharma AG.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mundipharma AG to pay the costs, except those incurred by ALK-Abelló A/S.

3. Orders ALK-Abelló to bear its own costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 37/35

Judgment of the General Court of 15 December 2009 — Trubion Pharmaceuticals v OHIM — Merck (TRUBION)

(Case T-412/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark TRUBION - Earlier Community figurative mark TriBion Harmonis - Relative ground for refusal - 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 37/46

Language of the case: English

Parties

Applicant: Trubion Pharmaceuticals, Inc. (Seattle, Washington, United States) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Merck KGaA (Darmstadt, Germany) (represented initially by M. Best and R. Freitag, and subsequently by M. Best and U. Pfleghar, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 July 2008 (Case R 1605/2007-2), relating to opposition proceedings between Trubion Pharmaceuticals, Inc. and Merck KGaA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Trubion Pharmaceuticals, Inc. to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 179/35

Judgment of the General Court of 11 May 2010 — Abadía Retuerta v OHIM (CUVÉE PALOMAR)

(Case T-237/08) (1)

(Community trade mark - Application for the Community word mark CUVÉE PALOMAR - Absolute ground for refusal - Trade marks for wines containing geographical indications - TRIPS Agreement - Article 7(1)(j) of Regulation (EC) No 40/94 (now Article 7(1)(j) of Regulation (EC) No 207/2009))

2010/C 179/59

Language of the case: Spanish

Parties

Applicant: Abadía Retuerta, SA (Sardón de Duero, Spain) (represented by: X. Fàbrega Sabaté and M-l. Curell Aguilà, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 April 2008 (Case R 1185/2007-1), concerning registration of the word sign CUVÉE PALOMAR as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Abadía Retuerta, SA, to pay the costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 148/28

Judgment of the General Court of 22 April 2010 — Italy v Commission

(Cases T-274/08 and T-275/08) (1)

(EAGF - Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAGF - Sums recoverable from the Italian Republic where there is non-recovery within the time-limits specified - Meaning of financial consequences - Receipt of interest - Article 32(5) of Regulation (EC) No 1290/2005)

2010/C 148/49

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, lawyer)

Defendant: European Commission (represented by: F. Jimeno Fernández and P. Rossi, acting as Agents)

Re:

Application, in Case T-274/08, for partial annulment of Commission Decision 2008/396/EC of 30 April 2008 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for the 2007 financial year (OJ 2008 L 139, p. 33) in so far as it includes interest on the sums charged to the budget of the Italian State under Article 32(5) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ 2005 L 209, p. 1), and, in Case T-275/08, for partial annulment of Commission Decision 2008/394/EC of 30 April 2008 on the clearance of the accounts of certain paying agencies in Germany, Italy and Slovakia concerning expenditure financed by the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section, for the 2006 financial year (OJ 2008 L 139, p. 22) in so far as it includes interest on the sums charged to the budget of the Italian State under Article 32(5) of Regulation No 1290/2005.

Operative part of the judgment

The Court:

1. Joins Cases T-274/08 and T-275/08 for the purposes of judgment;

2. Dismisses the actions;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 221/38

Judgment of the General Court of 2 July 2010 — Kerstens v Commission

(Case T-266/08 P) (1)

(Appeal - Staff case - Officials - Change of posting - Article 7 of the Staff Regulations - Interests of the service - Distortion of facts and evidence - Obligation on the Civil Service Tribunal to state reasons - Rights of the defence)

2010/C 221/61

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

Other party to the proceedings: European Commission (represented by: K. Herrmann and M. G. Berscheid, agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 8 May 2008 in Case F-119/06 Kerstens v Commission seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Petrus Kerstens to bear his own costs as well as the costs incurred by the Commission in the appeal proceedings.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 209/34

Judgment of the General Court of 22 June 2010 — Shenzhen Taiden v OHIM — Bosch Security Systems (Communications Equipment)

(Case T-153/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing communications equipment - Earlier international design - Ground for invalidity - No individual character - No different overall impression - Informed user - Degree of freedom of the designer - Evidence that the earlier design was made available to the public - Article 4(1), Article 6(1)(b) and (2), Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002)

2010/C 209/49

Language of the case: English

Parties

Applicant: Shenzhen Taiden Industrial Co. Ltd (Shenzhen, Guangdong, China) (represented by: M. Hartmann and M. Helmer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Bosch Security Systems BV (Eindhoven, Netherlands) (represented by: C. Gielen, M. Bom and B. van Hunnik, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 11 February 2008 (Case R 1437/2006-3) relating to invalidity proceedings between Bosch Security Systems BV and Shenzhen Taiden Industrial Co. Ltd.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Shenzhen Taiden Industrial Co. Ltd to pay the costs, including the costs necessarily incurred by Bosch Security Systems BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 158, 21.6.2008.
Judgment of the General Court of 9 September 2010 — Evropaïki Dynamiki v Commission

(Case T-387/08) (1)

(Public service contracts - Publications Office’s tendering procedure - Provision of computing services - Rejection of a tenderer’s bid - Action for annulment - Award criteria and sub-criteria - Obligation to state the reasons on which the decision is based - Equal treatment - Transparency - Manifest error of assessment - Misuse of powers - Claim for damages)

(2010/C 288/66)

Language of the case: English

Parties

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

Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, and by J. Stuyck, lawyer)

Re:

Application (i) for annulment of the decision of the Publications Office of the European Union of 20 June 2008 rejecting the tender submitted by the applicant in Call for Tender AO 10185 for computing services — maintenance of the SEI-BUD/AMD/CR systems and related services (OJ 2008/S 43-058884) and of the decision to award the contract to another tenderer, and (ii) for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear 90 % of its own costs and to pay 90 % of the costs incurred by the European Commission, and the latter to bear 10 % of its own costs and to pay 10 % of the costs incurred by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 234/32

Judgment of the General Court of 8 July 2010 — Commission v Putterie-De-Beukelaer

(Case T-160/08 P) (1)

(Appeal - Civil Service - Officials - Annulment at first instance of the career development report - 2005 reporting period - Rules applicable - Heading ‘potential’ - Evaluation procedure - Attestation procedure)

2010/C 234/55

Language of the case: French

Parties

Appellant: European Commission (represented by: C. Berardis-Kayser and K. Hermann, Agents)

Other party to the proceedings: Françoise Putterie-De-Beukelaer (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Re:

Appeal seeking to have set aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 February 2008 in Case F-31/07 Putterie-De-Beukelaer v Commission, not yet published in the ECR.

Operative part of the judgment

The General Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 February 2008 in Case F-31/07 Putterie-De-Beukelaer v Commission (not yet published in the ECR);

2. Refers the case back to the European Union Civil Service Tribunal;

3. Reserves the costs.

(1) OJ C 183 of 19.7.2008.
EN Official Journal of the European Union C 30/34

Judgment of the General Court of 7 December 2010 — Nute Partecipazioni and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)

(Case T-59/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark NIMEI LA PERLA MODERN CLASSIC - Earlier national figurative marks la PERLA - Relative ground for refusal - Injury to reputation - Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))

2011/C 30/59

Language of the case: Italian

Parties

Applicants: Nute Partecipazioni SpA, formerly Gruppo La Perla SpA (Bologna, Italy); and La Perla Srl (Bologna) (represented by: R. Morresi and A. Dal Ferro, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: L. Rampini, and subsequently by O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Worldgem Brands Srl, formerly Worldgem Brands — Gestão e Investimentos Lda (Creazzo, Italy) (represented by: V. Bilardo, M. Mazzitelli and C. Bacchini, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2007 (Case R 537/2004-2) concerning invalidity proceedings between Nute Partecipazioni SpA and Worldgem Brands Srl.

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 19 November 2007 (Case R 537/2004-2) in so far as it dismissed the application for a declaration of invalidity and ordered Nute Partecipazioni SpA to bear its own costs;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs together with 90 % of the costs of Nute Partecipazioni and of La Perla Srl before the Court and all the costs of Nute Partecipazioni before the Board of Appeal;

4. Orders Nute Partecipazioni and La Perla to bear 10 % of their own costs before the Court;

5. Orders Worldgem Brands Srl to bear its own costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 317/28

Judgment of the General Court of 30 September 2010 — Granuband v OHIM — Granuflex (GRANUflex)

(Case T-534/08) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark GRANUflex - Previous company name and business name GRANUFLEX - Relative ground for refusal - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1) of Regulation (EC) No 207/2009))

2010/C 317/50

Language of the case: Dutch

Parties

Applicant: Granuband BV (Krommenie, Netherlands) (represented by: M. Ellens, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Granuflex Ipari és Kereskedelmi Kft (Budapest, Hungary) (represented by: K. Szamosi, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 1277/2007-2) relating to invalidity proceedings between Granuflex Ipari és Kereskedelmi Kft and Granuband BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Granuband BV to pay the costs.

(1) OJ C 44 of 21.2.2009.