ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 363/30

Judgment of the General Court of 15 September 2015 — Iralco v Council

(Case T-158/13) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Error of assessment))

(2015/C 363/38)

Language of the case: English

Parties

Applicant: Iranian Aluminium Co. (Iralco) (Tehran, Iran) (represented by: S. Millar and S. Ashley, Solicitors, M. Lester and M. Happold, Barristers)

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

Re:

Application for annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71) in so far as it listed the applicant in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and (ii) Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55) in so far as it listed the applicant in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1. Annuls Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it listed Iranian Aluminium Co. (Iralco) in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2. Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it listed Iralco in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;

3. Orders the effects of Decision 2012/829 to be maintained as regards Iralco until the entry into force of the order to annul Implementing Regulation No 1264/2012;

4. Orders the Council of the European Union to bear its own costs and to pay those incurred by Iralco.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 346/23

Judgment of the General Court of 10 September 2015 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (Handbags)

(Case T-525/13) (1)

((Community design - Invalidity proceedings - Registered Community design representing handbags - Earlier design - Ground for invalidity - Individual character - Article 6 of Regulation (EC) No 6/2002 - Obligation to state reasons))

(2015/C 346/26)

Language of the case: English

Parties

Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervener before the General Court: Yves Saint Laurent SAS (Paris, France) (represented by: N. Decker, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 8 July 2013 (Case R 207/2012-3) relating to invalidity proceedings between H&M Hennes & Mauritz BV & Co. KG and Yves Saint Laurent SAS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders H&M Hennes & Mauritz BV & Co. KG to pay the costs, including those incurred by Yves Saint Laurent SAS in the course 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 359, 7.12.2013.
EN Official Journal of the European Union C 389/32

Judgment of the General Court of 25 September 2015 — VECCO and Others v Commission

(Case T-360/13) (1)

((REACH - Inclusion of chromium trioxide in the list of substances subject to authorisation - Uses or categories of uses exempted from the authorisation requirement - Concept of ‘existing specific Community legislation imposing minimum requirements relating to the protection of human health or the environment for the use of the substance’ - Manifest error of assessment - Proportionality - Rights of the defence - Principle of sound administration))

(2015/C 389/33)

Language of the case: English

Parties

Applicants: Verein zur Wahrung von Einsatz und Nutzung von Chromtrioxid und anderen Chrom-VI-verbindungen in der Oberflächentechnik eV (VECCO) (Memmingen, Germany) and the other 185 applicants whose names are listed in Annex I to the judgment (represented by: C. Mereu, K. Van Maldegem, lawyers, and J. Beck, Solicitor)

Defendant: European Commission (represented by: K. Talabér-Ritz and J. Tomkin, acting as Agents)

Interveners in support of the applicants: Assogalvanica (Padua, Italy) and the 31 other interveners whose names are listed in Annex II to the judgment (represented by: C. Mereu, K. Van Maldegem and J. Beck)

Intervener in support of the defendant: European Chemicals Agency (ECHA) (represented by: W. Broere, M. Heikkilä and T. Zbihlej, acting as Agents)

Re:

Application for partial annulment of Commission Regulation (EU) No 348/2013 of 17 April 2013 amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ 2013 L 108, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Verein zur Wahrung von Einsatz und Nutzung von Chromtrioxid und anderen Chrom-VI-verbindungen in der Oberflächentechnik eV (VECCO) and the applicants whose names are listed in Annex I to bear their own costs and to pay those incurred by the European Commission;

3. Orders Assogalvanica and the other interveners whose names are listed in Annex II to bear their own costs;

4. Orders the European Chemicals Agency (ECHA) to bear its own costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 389/34

Judgment of the General Court of 23 September 2015 — L’Oréal v OHIM — Cosmetica Cabinas (AINHOA)

(Case T-400/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark AINHOA - Earlier Community and international figurative marks NOA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009))

(2015/C 389/35)

Language of the case: Spanish

Parties

Applicant: L'Oréal (Paris, France) (represented by: H. Granado Carpenter and M.L. Polo Carreño, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño and A. Schifko, agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Cosmetica Cabinas SL (El Masnou, Spain) (represented by: L. Montoya Terán and J.-B. Devaureix, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 June 2013 (Case R 1643/2012-1), relating to invalidity proceedings between L’Oréal and Cosmetica Cabinas SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders L’Oréal to pay the costs.

(1) OJ C 298, 12.10.2013.
EN Official Journal of the European Union C 414/27

Judgment of the General Court of 23 October 2015 — Trekstor v OHIM (SmartTV Station)

(Case T-649/13) (1)

((Community trade mark - Application for Community word mark SmartTV Station - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1(b) and (c) of Regulation (EC) No 207/2009 - Article 7(3) of Regulation No 207/2009))

(2015/C 414/34)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Fischer, then G. Schneider and A. Schifko, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2013 (Case R 128/2013-4), concerning an application for registration of the word sign SmartTV Station as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 39, 8.2.2014.
EN Official Journal of the European Union C 398/36

Judgment of the General Court of 8 October 2015 — Rosian Express v OHIM (Shape of a games box)

(Case T-547/13) (1)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a games box - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Right to be heard - Article 75 of Regulation No 207/2009))

(2015/C 398/46)

Language of the case: Romanian

Parties

Applicant: Rosian Express SRL (Medias, Romania) (represented by: E. Grecu and A. Tigau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and A. Geavela, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 11 July 2013 (case R 797/2013-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a games box as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rosian Express SRL to pay the costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 27/38

Judgment of the General Court of 26 November 2015 — Navarra de Servicios y Tecnologías v Commission

(Case T-487/13) (1)

((State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain - Decision declaring aid to be partly compatible and partly incompatible with the internal market - State resources - Economic activity - Advantage - Effect on trade between Member States and distortion of competition - Service of general economic interest - Article 107(3)(c) TFEU - Misuse of power))

(2016/C 027/45)

Language of the case: Spanish

Parties

Applicant: Navarra de Servicios y Tecnologías, SA (Pamplona, Spain) (represented by: A. Andérez González, lawyer)

Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the defendant: SES Astra (Betzdorf, Luxembourg) (represented by: F. González Díaz, F. Salerno, V. Romero Algarra, lawyers)

Re:

Application for annulment of Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 [(C 23/2010) (ex NN 36/010, ex CP 163/2009)] implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha) (OJ 2014 L 217, p. 52).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Navarra de Servicios y Tecnologías, SA to bear its own costs and to pay those incurred by the European Commission and by SES Astra.

(1) OJ C 313, 26.10.2013.
EN Official Journal of the European Union C 7/19

Judgment of the General Court of 18 November 2015 — Menelaus v OHIM — Garcia Mahiques (VIGOR)

(Case T-361/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark VIGOR - Earlier Community figurative mark and earlier international figurative mark VIGAR - Admissibility of evidence of use submitted on a CD-ROM - Taking into account of additional evidence which was not submitted within the time-limit set - Genuine use of the earlier marks - Articles 15 and 57(2) of Regulation (EC) No 207/2009 - Form differing in elements which do not alter the distinctive character))

(2016/C 007/26)

Language of the case: English

Parties

Applicant: Menelaus BV (Amsterdam, Netherlands) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM, interveners before the General Court: Vicente Garcia Mahiques (Jesus Pobre, Spain) and Felipe Garcia Mahiques (Jesus Pobre) (represented by: E. Pérez Crespo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 April 2013 (Case R 88/2012-2), relating to invalidity proceedings between, on the one hand, Vicente Garcia Mahiques and Felipe Garcia Mahiques and, on the other hand, Menelaus BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Menelaus BV to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Messrs Vicente Garcia Mahiques and Felipe Garcia Mahiques.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 59/16

Judgment of the General Court of 17 December 2015 — Spain v Commission

(Joined Cases T-515/13 and T-719/13) (1)

((State aid - Shipbuilding - Tax provisions applicable to certain agreements for the financing and acquisition of vessels - Decision declaring the aid partly incompatible with the internal market and ordering its recovery in part - Action for annulment - Individual concern - Admissibility - Advantage - Selective nature - Effect on trade between Member States - Adverse effect on competition - Obligation to state reasons))

(2016/C 059/16)

Language of the cases: Spanish

Parties

Applicants: Kingdom of Spain (represented by: initially, N. Díaz Abad and, subsequently, M. Sampol Pucurull, abogados del Estado) (Case T-515/13); Lico Leasing, SA (Madrid, Spain) and Pequeños y Medianos Astilleros Sociedad de Reconversión, SA (Madrid) (represented by: M. Merola and A. Sánchez, lawyers) (Case T-719/13)

Defendant: European Commission (represented by: V. Di Bucci, M. Afonso, É. Gippini Fournier and P. Němečková, acting as Agents)

Re:

Application for annulment of Commission Decision 2014/200/EU of 17 July 2013 on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain — Tax scheme applicable to certain finance lease agreements, also known as the ‘Spanish Tax Lease System’ (OJ 2014 L 114, p. 1).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2014/200/EU of 17 July 2013, on the aid scheme SA.21233 C/11 (ex NN/11, ex CP 137/06) implemented by Spain — Tax scheme applicable to certain finance lease agreements, also known as the ‘Spanish Tax Lease System’;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain, Lico Leasing, SA and Pequeños y Medianos Astilleros Sociedad de Reconversión, SA.

(1) OJ C 336, 16.11.2013.
EN Official Journal of the European Union C 27/32

Judgment of the General Court of 4 December 2015 — Emadi v Council

(Case T-274/13) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Iran - Freezing of funds - Restrictions on the entry into and transit through European Union territory - Legal base - Obligation to state reasons - Right to be heard - Error of assessment - Ne bis in idem - Freedom of expression - Freedom of the media - Freedom to choose an occupation - Free movement - Right to property))

(2016/C 027/36)

Language of the case: German

Parties

Applicant: Hamid Reza Emadi (Tehran, Iran) (represented initially by: T. Walter, then by J.M. Viñals Camallonga, L. Barriola Urruticoechea and J.L. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and Á. de Elera-San Miguel Hurtado, agents)

Intervener in support of the defendant: Stiftung Organisation Justice for Iran (Amsterdam, the Netherlands) (represented by: initially, G. Pulles, then R. Marx, lawyers)

Re:

Application for the annulment in part, first, of Council Decision 2013/124/CSFP of 11 March 2013 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2013 L 68, p. 57), second, of Council Implementing Regulation (EU) No 206/2013 of 11 March 2013 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2013 L 68, p. 9), third, of Council Decision 2014/205/CFSP of 10 April 2014 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ 2014 L 109, p. 25), fourth, Council Implementing Regulation (EU) No 371/2014 of 10 April 2014 implementing Article 12(1) of Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (OJ 2014 L 109, p. 9), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Hamid Reza Emadi to pay his own costs and those incurred by the Council of the European Union;

3. Orders Stiftung Organisation Justice for Iran to bear its own costs.

(1) OJ C 207, of 20.7.2013.
Official Journal of the European Union

Judgment of the General Court of 10 May 2016 — Izsák and Dabis v Commission

(Case T-529/13) (1)

((Law governing the institutions - European citizens’ initiative - Cohesion policy - National minority regions - Refusal of registration - Manifest lack of powers of the Commission - Article 4(2)(b) and 4(3) of Regulation (EU) No 211/2011))

(2016/C 222/12)

Language of the case: Hungarian

Parties

Applicants: Balázs-Árpád Izsák (Târgu Mureş, Romania) and Attila Dabis (Budapest, Hungary) (represented initially by J. Tordáné dr. Petneházy and subsequently by D. Sobor, lawyers)

Defendant: European Commission (represented initially by H. Krämer, K. Talabér-Ritz, A. Steiblytė and P. Hetsch, and subsequently by K. Talabér-Ritz, K. Banks, H. Krämer and B.-R. Killman, acting as Agents)

Intervener in support of the applicants: Hungary (represented by: M. Fehér, G. Szima and G. Koós, acting as Agents)

Intervener in support of the defendant: Hellenic Republic (represented by: E.-M. Mamouna, acting as Agent), Romania (represented by: R. Radu, R. Haţieganu, D. Bulancea and M. Bejenar, acting as Agents) and Slovak Republic (represented by: B. Ricziová, acting as Agent)

Re:

Application for annulment of Commission Decision C(2013) 4975 final of 25 July 2013 rejecting the application for registration of the proposed European citizens’ initiative.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Balázs-Árpád Izsák and Mr Attila Dabis to bear their own costs and to pay those incurred by the European Commission;

3. Orders Hungary, the Hellenic Republic, Romania and the Slovak Republic to bear their own costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 98/30

Judgment of the General Court of 2 February 2016 — Benelli Q.J. v OHIM — Demharter (MOTOBI)

(Case T-170/13) (1)

((Community trade mark - Revocation proceedings - Community word mark MOTOBI - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009))

(2016/C 098/38)

Language of the case: English

Parties

Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 2080/2011-2), relating to revocation proceedings between Demharter GmbH and Benelli Q.J. Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Benelli Q.J. Srl to pay the costs.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 383/12

Judgment of the General Court of 8 September 2016 — Merck v Commission

(Case T-470/13) (1)

((Competition - Agreements, decisions and concerted practices - Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram - Concept of restriction of competition ‘by object’ - Potential competition - Generic medicinal products - Barriers to market entry resulting from the existence of patents - Agreements concluded between a patent holder and a generic undertaking - Error of law - Error of assessment - Imputability of infringements - Liability of a parent company for infringements of the competition rules committed by its subsidiaries - Legal certainty - Reasonable time - Fines))

(2016/C 383/16)

Language of the case: English

Parties

Applicant: Merck KGaA (Darmstadt, Germany) (represented initially by B. Bär-Bouyssière, K. Lillerud, L. Voldstad, B. Marschall, P. Sabbadini, R. De Travieso, M. Holzhäuser and S. O, lawyers, M. Marelus, Solicitor, and R. Kreisberger and L. Osepciu, Barristers, and subsequently by B. Bär-Bouyssière, L. Voldstad, M. Holzhäuser, A. Cooke, M. Gampp, lawyers, M. Marelus, R. Kreisberger and L. Osepciu)

Defendant: European Commission (represented initially by J. Bourke, F. Castilla Contreras and T. Vecchi, and subsequently by F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, assisted by S. Kingston, Barrister)

Intervener in support of the defendant: Generics (UK) Ltd (Potters Bar, United Kingdom) (represented initially by G. Drauz, M. Rosenthal and B. Record, lawyers, and subsequently by G. Drauz and M. Rosenthal)

Re:

Application for annulment of Commission Decision C(2013) 3803 final of 19 June 2013 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39226 — Lundbeck), and for reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Merck KGaA to bear its own costs and those incurred by the European Commission;

3. Orders Generics (UK) Ltd to bear its own costs.

(1) OJ C 325, 9.11.2013.