ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 7 September 2022 — Tirreno Power v Commission

(Case T-793/19) (1)

(State aid - Italian electricity market - Capacity mechanism - Decision not to raise objections - Availability of the electricity production capacity - Modification of the capacity mechanism - Serious difficulties - Procedural rights of interested parties - Guidelines on State aid for environmental protection and energy 2014-2020)

(2022/C 418/18)

Language of the case: Italian

Parties

Applicant: Tirreno Power SpA (Rome, Italy) (represented by: A. Clarizia, T. Ferrario, M. Vasari, P. Ziotti and M. Pagliarulo, lawyers)

Defendant: European Commission (represented by: A. Bouchagiar and D. Recchia, acting as Agents)

Interveners in support of the defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by G. Aiello, P. Garofoli and A. Giordano, avvocati dello Stato), EP Produzione SpA (Rome) (represented by: D. Gullo and M. Bozzo, lawyers), A2A SpA (Brescia, Italy) (represented by: D. Gullo and M. Bozzo, lawyers), Edison SpA (Milan, Italy) (represented by: M. Luciani, G. Roberti, A. Travi, R. Villata and I. Perego, lawyers), Enel Produzione SpA (Rome) (represented by: V. Cannizzaro, S. Ventura and L. Caroli, lawyers), Elettricità Futura — Unione delle imprese elettriche italiane (Rome) and Utilitalia (Rome) (represented by: M. Merola, lawyer), Terna — Rete elettrica nazionale SpA (Rome) (represented by: A. Catricalà, D. Lipani, F. Sbrana, C. Cazzato, F. Baglivo and M. Pirozzi, lawyers), Alperia Trading Srl (Bolzano, Italy) (represented by: M. Merola, L. Perfetti and A. Rosi, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2019) 4509 final of 14 June 2019 concerning State Aid SA.53821 (2019/N) — Italy Modification of the Italian capacity mechanism, by which the Commission decided not to raise objections to the aid scheme relating to that modified capacity market, on the ground that it is compatible with the internal market pursuant to Article 107(3)(c) TFEU, and to authorise it until 31 December 2028.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tirreno Power SpA to bear its own costs and to pay those incurred by the European Commission;

3. Declares that the Italian Republic is to bear its own costs;

4. Declares that EP Produzione SpA, A2A SpA, Edison SpA, Alperia Trading Srl, Elettricità Futura — Unione delle imprese elettriche italiane, Terna — Rete elettrica nazionale SpA and Enel Produzione SpA are to bear their own costs.

(1) OJ C 10, 13.1.2020.
Official Journal of the European Union

Judgment of the General Court of 10 February 2021 — El Corte Inglés v EUIPO — MKR Design (PANTHÉ)

(Case T-117/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark PANTHÉ - Earlier national word and figurative marks PANTHER and earlier EU figurative mark P PANTHER - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Proof of genuine use of the earlier mark)

(2021/C 128/43)

Language of the case: English

Parties

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

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: MKR Design Srl (Milan, Italy) (represented by: G. Dragotti, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 5 December 2019 (Case R 378/2019-5), relating to opposition proceedings between El Corte Inglés and MKR Design.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 129, 20.4.2020.
Judgment of the General Court of 16 December 2020 — Forbo Financial Services v EUIPO — Windmöller (Canoleum)

(Case T-3/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Canoleum - Earlier international word mark MARMOLEUM - Relative ground for refusal - Late filing of the statement of the grounds of appeal - Inadmissibility of the appeal before the Board of Appeal - Request for restitutio in integrum - Sudden illness of the lawyer representing the applicant - Duty of due care - Probative value of the affidavit made by the lawyer)

(2021/C 62/35)

Language of the case: German

Parties

Applicant: Forbo Financial Services AG (Baar, Switzerland) (represented by: S. Fröhlich, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Windmöller GmbH (Augustdorf, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 9 October 2019 (Case R 773/2019-2) relating to opposition proceedings between Forbo Financial Services and Windmöller.

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 9 October 2019 (Case R 773/2019-2);

2. Orders EUIPO to pay the costs.

(1) OJ C 77, 9.3.2020.
Official Journal of the European Union

Judgment of the General Court of 28 April 2021 — West End Drinks v EUIPO — Pernod Ricard (The King of SOHO)

(Case T-31/20) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark The King of SOHO - Earlier EU word mark SOHO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 242/44)

Language of the case: French

Parties

Applicant: West End Drinks Ltd (London, United Kingdom) (represented by: C. Hawkes, Solicitor, C. Hall, Barrister, and B. Niemann Fadani, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pernod Ricard (Paris, France) (represented by: T. de Haan, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 October 2019 (Case R 1543/2018-1), relating to opposition proceedings between Pernod Ricard and West End Drinks.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the cross-claim as inadmissible;

3. With regard to the main action, orders West End Drinks Ltd to bear its own costs and to pay the costs incurred, in the context of the present proceedings, by the European Union Intellectual Property Office (EUIPO) and Pernod Ricard;

4. With regard to the cross-claim, orders Pernod Ricard to bear its own costs and to pay the costs incurred by EUIPO, and orders West End Drinks to bear its own costs.

(1) OJ C 87, 16.3.2020.
1.

Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 November 2019 (Case R 404/2019-1) to the extent that the Board of Appeal dismissed the appeal brought by Puma SE in so far as the application for registration of the word sign PUMA-System as an EU trade mark covers the goods and services in Classes 7, 9, 16 and 42 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, corresponding, for each of those classes, to the following description: — Class 7: ‘power screwdriver’; — Class 9: ‘computer hardware’, ‘computers’, ‘data-processing equipment and computers’, ‘computer peripheral devices’, ‘peripherals adapted for use with computers’, ‘magnetic and optical data carriers’, ‘printers for computers’, ‘heatdetectors’ and ‘measuring instruments’; — Class 16: ‘catalogues relating to computer software’, ‘computer software operating manuals’, ‘instruction manuals’, ‘instruction manuals for personal computers, mobile telephones and palmtop computers’ and ‘books’; — Class 42: ‘updating and maintenance of computer software and programs’, ‘configuring computer hardware using software’, ‘configuration of computer networks by software’, ‘configuration of computer software’, ‘computer hardware and software consultancy’ and ‘computer software technical support services’;
Official Journal of the European Union

Judgment of the General Court of 12 May 2021 — Metamorfoza v EUIPO — Tiesios kreivės (MUSEUM OF ILLUSIONS)

(Case T-70/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark MUSEUM OF ILLUSIONS - Earlier EU figurative mark MUSEUM OF ILLUSIONS - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 95 of Regulation 2017/1001)

(2021/C 252/28)

Language of the case: English

Parties

Applicant: Metamorfoza d.o.o. (Zagreb, Croatia) (represented by: A. Bijelić, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Tiesios kreivės (Vilnius, Lithuania)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2019 (Case R 663/2019-2), relating to opposition proceedings between Tiesios kreivės and Metamorfoza.

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 2 December 2019 (Case R 663/2019-2);

2. Orders each party to bear its own costs.

(1) OJ C 103, 30.3.2020.
Official Journal of the European Union

Judgment of the General Court of 21 April 2021 — Lee v EUIPO (Table knives, forks and spoons)

(Case T-382/20) (1)

(Community design - Application for a Community design representing table knives, forks and spoons - Lack of priority claim - Application for restitutio in integrum - Article 67(1) and (2) Regulation (EC) No 6/2002 - Duty of due care)

(2021/C 242/60)

Language of the case: English

Parties

Applicant: Keun Jig Lee (Paju-si, South Korea) (represented by: F. Jacobacci and B. La Tella, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 April 2020 (Case R 2559/2019-3), relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Keun Jig Lee to pay the costs.

(1) OJ C 271, 17.8.2020.
Official Journal of the European Union

Judgment of the General Court of 16 June 2021 — Smiley Miley v EUIPO — Cyrus Trademarks (MILEY CYRUS)

(Case T-368/20) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark MILEY CYRUS - Earlier EU figurative mark CYRUS - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2021/C 310/31)

Language of the case: English

Parties

Applicant: Smiley Miley, Inc. (Nashville, Tennessee, United States) (represented by: J.B. Devaureix, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Cyrus Trademarks Ltd (Road Town, British Virgin Islands)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 April 2020 (Case R 2520/2018-4), relating to opposition proceedings between Cyrus Trademarks and Smiley Miley.

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 2 April 2020 (Case R 2520/2018-4);

2. Orders EUIPO to pay the costs.

(1) OJ C 255, 3.8.2020.
Judgment of the General Court of 9 June 2021 — Ryanair v Commission (Condor; Covid-19)

(Case T-665/20) (1)

(State aid - German air transport market - Public loan guaranteed by Germany to Condor Flugdienst in the context of the COVID 19 pandemic - Decision not to raise any objections - Aid intended to make good the damage caused by an exceptional occurrence - Article 107(2)(b) TFEU - Assessment of damages - Causal link - Obligation to state reasons - Maintenance of the effects of the decision)

(2021/C 297/53)

Language of the case: English

Parties

Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.C. Laprévote, V. Blanc, S. Rating and I.G. Metaxas-Maranghidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, F. Tomat and V. Bottka, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz and P.L. Krüger, acting as Agents), French Republic (represented by: E. de Moustier and P. Dodeller, acting as Agents), Condor Flugdienst GmbH (Kelsterbach, Germany) (represented by: A. Birnstiel and S. Blazek, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2020) 2795 final of 26 April 2020 on State aid SA.56867 (2020/N, ex 2020/PN) — Germany — Compensation for the damage caused by the COVID 19 outbreak to Condor Flugdienst.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2020) 2795 final of 26 April 2020 on State aid SA.56867 (2020/N, ex 2020/PN) — Germany — Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH;

2. Suspends the effects of the annulment of that decision pending the adoption of a new decision by the Commission under Article 108 TFEU. Those effects are to be preserved for a period not exceeding two months from the date of delivery of this judgment if the Commission decides to adopt such a new decision under Article 108(3) TFEU, and for a reasonable further period if the Commission decides to initiate the procedure under Article 108(2) TFEU;

3. Orders the Commission to bear its own costs, and to pay those incurred by Ryanair DAC;

4. Orders the Federal Republic of Germany, the French Republic and Condor Flugdienst to bear their own costs.

(1) OJ C 443, 21.12.2020.
Official Journal of the European Union

Judgment of the General Court of 7 July 2021 — S. Tous v EUIPO — Zhejiang China-Best Import & Export (Lamp)

(Case T-492/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing a lamp - Earlier EU figurative marks representing a teddy bear - Grounds for invalidity - Article 25(1)(b) and (e) of Regulation (EC) No 6/2002)

(2021/C 338/27)

Language of the case: Spanish

Parties

Applicant: S. Tous, SL (Manresa, Spain) (represented by: D. Gómez Sánchez and J. Gracia Albero, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Zhejiang China-Best Import & Export Co. Ltd (Hangzhou, China)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 26 May 2020 (Case R 1553/2019-3), relating to invalidity proceedings between S. Tous and Zhejiang China-Best Import & Export.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders S. Tous, SL to pay the costs.

(1) OJ C 313, 21.9.2020.
Official Journal of the European Union

Judgment of the General Court of 30 June 2021 — Wolf Oil v EUIPO — Rolf Lubricants (ROLF)

(Case T-531/20) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark ROLF - Earlier international mark Wolf - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Right to be heard)

(2021/C 329/39)

Language of the case: English

Parties

Applicant: Wolf Oil Corporation NV (Hemiksem, Belgium) (represented by: T. Heremans and L. Depypere, lawyers)

Defendant: European Union Intellectual Property Office (represented by: K. Kompari and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rolf Lubricants GmbH (Leverkusen, Germany) (represented by: D. Terheggen and S. Sullivan, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 June 2020 (Case R 1958/2019-5), relating to opposition proceedings between Wolf Oil Corporation and Rolf Lubricants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wolf Oil Corporation NV to pay the costs.

(1) OJ C 339, 12.10.2020.
Judgment of the General Court of 14 July 2021 — JT v EUIPO — Carrasco Pirard (QUILAPAYÚN)

(Case T-197/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark QUILAPAYÚN - Relative ground for refusal - No well-known mark within the meaning of Article 6bis of the Paris Convention - Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001))

(2021/C 368/34)

Language of the case: Spanish

Parties

Applicant: JT (represented by: A. Mena Valenzuela, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Raponi and D. Hanf, acting as Agents)

Other parties to the proceedings before the Board of Appeal of EUIPO: Eduardo Carrasco Pirard (Santiago, Chile) and the seven other parties to the proceedings before the Board of Appeal of EUIPO whose names are listed in the annex to the judgment

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 February 2020 (Case R 1518/2019-4), relating to opposition proceedings between, on the one hand, JT and, on the other hand, Mr Carrasco Pirard and the other parties to the proceedings before the Board of Appeal of EUIPO whose names are listed in the annex.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JT to pay the costs.

(1) OJ C 320, 28.9.2020.
Official Journal of the European Union

Judgment of the General Court of 14 July 2021 — Cole Haan v EUIPO — Samsøe & Samsøe Holding (Ø)

(Case T-399/20) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Ø - Earlier international figurative mark φ - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 349/49)

Language of the case: English

Parties

Applicant: Cole Haan LLC (Greenland, New Hampshire, United States) (represented by: G. Vos, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Samsøe & Samsøe Holding A/S (Copenhagen, Denmark) (represented by: C. Jardorf, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 April 2020 (Case R 1375/2019-4) relating to opposition proceedings between Samsøe & Samsøe Holding and Cole Haan.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cole Haan LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Samsøe & Samsøe Holding A/S to bear its own costs.

(1) OJ C 271, 17.8.2020.
Official Journal of the European Union

Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO)

(Case T-86/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark SCIO - Earlier non-registered mark SCIO - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Article 71(1) of Regulation 2017/1001 - Article 72(1) of Regulation 2017/1001 - Article 95(1) of Regulation 2017/1001 - Article 16(1) of Delegated Regulation (EU) 2018/625 - Article 6bis of the Paris Convention)

(2021/C 452/25)

Language of the case: English

Parties

Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Luszcz, C. Sár and É. Ulviczki, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 December 2019 (Case R 1312/2019-5), relating to invalidity proceedings between Qx World and Mandelay.

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 2 December 2019;

2. Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs.

(1) OJ C 114, 6.4.2020.
Official Journal of the European Union

Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (EDUCTOR)

(Case T-84/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark EDUCTOR - Earlier non-registered mark EDUCTOR - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Article 71(1) of Regulation 2017/1001 - Article 72(1) of Regulation 2017/1001 - Article 95(1) of Regulation 2017/1001 - Article 16(1) of Delegated Regulation (EU) 2018/625 - Article 6bis of the Paris Convention)

(2021/C 431/32)

Language of the case: English

Parties

Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Luszcz, C. Sár and É. Ulviczki, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 25 November 2019 (Case R 1310/2019-5), relating to invalidity proceedings between Qx World and Mandelay.

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 25 November 2019;

2. Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs.

(1) OJ C 114, 6.4.2020.
Official Journal of the European Union

Judgment of the General Court of 15 September 2021 — LF v Commission

(Case T-466/20) (1)

(Civil service - Members of the contract staff - Remuneration - Expatriation allowance - Article 4(1)(b) of Annex VII to the Staff Regulations - Refusal to grant the expatriation allowance - Habitual residence - Duties performed in an international organisation established in the State of employment)

(2021/C 452/43)

Language of the case: French

Parties

Applicant: LF (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented by: T. Bohr and A.-C. Simon, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the decision of the Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) of 11 September 2019, by which the applicant was refused entitlement to the expatriation allowance.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LF to bear his own costs and to pay those incurred by the European Commission.

(1) OJ C 313, 21.9.2020.