ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 89/21

Judgment of the General Court of 10 February 2012 — Verenigde Douaneagenten v Commission

(Case T-32/11) (1)

(Customs union - Imports of raw cane sugar from the Netherlands Antilles - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Infringement of essential procedural requirements)

2012/C 89/34

Language of the case: Dutch

Parties

Applicant: Verenigde Douaneagenten BV (Rotterdam, Netherlands) (represented by: J. van der Meché and S. Moolenaar, lawyers)

Defendant: European Commission (represented by: L. Bouyon and B. Burggraaf, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 6754 final of 1 October 2010 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case (REC 02/09).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 6754 final of 1 October 2010 in so far as it determines that the remission of import duties in the sum of EUR 531 985,59, pursuant to Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, is not justified;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 103, 2.4.2011.
EN Official Journal of the European Union C 258/18

Judgment of the General Court of 12 July 2012 — Vermop Salmon v OHIM — Leifheit (Clean Twist)

(Case T-61/11) (1)

(Community trade mark - Invalidity proceedings - Community word mark Clean Twist - Earlier Community word marks TWIX and TWIXSTER - Relative ground of refusal - No likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

2012/C 258/32

Language of the case: German

Parties

Applicant: Vermop Salmon GmbH (Gilching, Germany) (represented by: W. von der Osten-Sacken, M. Ring and O. Sude, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Leifheit AG (Nassau, Germany) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 671/2010-1), relating to invalidity proceedings between Vermop Salmon GmbH and Leifheit AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vermop Salmon GmbH to pay the costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 217/21

Judgment of the General Court of 12 June 2012 — Stichting Regionaal Opleidingencentrum van Amsterdam v OHIM — Investimust (COLLEGE)

(Case T-165/11) (1)

(Community trade mark - Invalidity proceedings - Community word mark COLLEGE - Absolute ground for refusal - Absence of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2012/C 217/44

Language of the case: English

Parties

Applicant: Stichting Regionaal Opleidingencentrum van Amsterdam (Amsterdam, Netherlands) (represented by: R. van Leeuwen, 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: Investimust SA (Geneva, Switzerland)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 January 2011 (Case R 508/2010-4), concerning invalidity proceedings between Stichting Regionaal Opleidingencentrum van Amsterdam and Investimust SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Stichting Regionaal Opleidingencentrum van Amsterdam to pay the costs.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 399/21

Judgment of the General Court of 13 November 2012 — tesa v OHIM — Superquímica (tesa TACK)

(Case T-555/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark tesa TACK - Earlier national figurative mark TACK Ceys - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 399/37

Language of the case: English

Parties

Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: La Superquímica, SA (L’Hospitalet de Llobregat, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 July 2011 (Case R 866/2010-1) relating to opposition proceedings between La Superquímica, SA and tesa SE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders tesa SE to pay the costs.

(1) OJ C 6, 7.1.2012.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey)

(Case T-26/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in black, beige, brown, dark red and grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)

(2012/C 331/34)

Language of the case: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B: Schmidt, then D. Walicka, acting as Agents

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1317/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, beige, brown, dark red and grey as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders V. Fraas GmbH to pay the costs.

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 55/11

Judgment of the General Court of 15 January 2013 — Welte-Wenu v OHIM — Commission (EUROPEAN DRIVESHAFT SERVICES)

(Case T-413/11) (1)

(Community trade mark - Proceedings for a declaration of invalidity - Community figurative mark EUROPEAN DRIVESHAFT SERVICES - Absolute ground for refusal - Imitation of the emblem of an international inter-governmental organisation - Article 7(1)(h) of Regulation (EC) No 207/2009 - Article 6b of the Paris Convention - Content of the application for a declaration of invalidity - Admissibility of new elements - Article 56(2) and Article 76 of Regulation No 207/2009 - Rule 37(b)(iv) of Regulation (EC) No 2868/95 - Jurisdiction of the Board of Appeal in the case of an action limited to part of the decision of the Cancellation Division)

2013/C 55/17

Language of the case: German

Parties

Applicant: Welte-Wenu GmbH (Neu-Ulm, Germany) (represented by: T. Kahl, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: European Commission (represented by: J. Samnadda and F.W. Bulst, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 May 2011 (Case R 1590/2010-1) concerning proceedings for a declaration of invalidity between the European Commission and Welte-Wenu GmbH.

Operative part of the judgment

The Court:

1. Annuls paragraph 3 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 May 2011 (Case R 1590/2010-1) concerning proceedings for a declaration of invalidity between the European Commission and Welte-Wenu GmbH, in so far as it states that Welte-Wenu shall pay the costs of the proceedings for a declaration of invalidity and includes them in the global sum of EUR 2 500 which Welte-Wenu must reimburse to the European Commission;

2. Dismisses the remainder of the action;

3. Orders Welte-Wenu to bear its own costs and to pay those incurred by OHIM. The Commission shall bear its own costs.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 26/43

Judgment of the General Court of 6 December 2012 — Strobl v Commission

(Case T-630/11 P) (1)

(Appeal - Public service - Officials - Recruitment - Open competition - Candidates whose names are included in a list of suitable candidates prior to the entry into force of the new Staff Regulations - Notice of vacancy - Appointment - Grading under the new, less favourable rules - Article 12 of Annex XIII to the Staff Regulations - Error in law - Obligation to state reasons on the part of the Civil Service Tribunal)

2013/C 26/83

Language of the case: German

Parties

Appellant: Peter Strobl (Besozzo, Italy) (represented by: H.-J. Rüber, lawyer)

Other parties to the proceedings: European Commission (represented by: J. Currall, acting as Agent, assisted by B. Wägenbaur, lawyer); and Council of the European Union (represented by: J. Herrmann and A. Jensen, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-56/05 Strobl v Commission [2011] ECR-SC I-A-1-0000 and II-A-1-0000 seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Peter Strobl to bear his own costs and to pay those incurred by the European Commission in the course of the present proceedings;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 49, 18.2.2012.
EN Official Journal of the European Union C 114/33

Judgment of the General Court of 7 March 2013 — FairWild Foundation v OHIM — Wild (FAIRWILD)

(Case T-247/11) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark FAIRWILD - Earlier Community word mark WILD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 114/53

Language of the case: German

Parties

Applicant: FairWild Foundation (Weinfelden, Switzerland) (represented by: P. Neuwald and S. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rudolf Wild GmbH & Co. KG (Eppelheim, Germany) (represented by: A. Franke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1014/2010-1), relating to opposition proceedings between Rudolf Wild GmbH & Co. KG and FairWild Foundation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FairWild Foundation to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 71/18

Judgment of the General Court of 29 January 2013 — Müller v OHIM — Loncar (Sunless)

(Case T-662/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Sunless - Earlier Community word marks SUNLESS and LONCAR-SUNLESS - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 71/27

Language of the case: German

Parties

Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Loncar, SL (Sabadell, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 September 2011 (Case R 2508/2010-2), relating to opposition proceedings between Loncar, SL and Mr Thomas Müller

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Thomas Müller to pay the costs.

(1) OJ C 49, 18.2.2012.
EN Official Journal of the European Union C 164/15

Judgment of the General Court of 25 April 2013 — Gbagbo v Council

(Case T-119/11) (1)

(Common foreign and security policy - Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire - Freezing of funds - Alteration of heads of claim - Obligation to state reasons - Manifest error of assessment - Misuse of power - Rights of the defence - Right to property)

2013/C 164/26

Language of the case: French

Parties

Applicant: Simone Gbagbo (Abidjan, Côte d’Ivoire) (represented by: J.-C. Tchikaya, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen and M. Chavrier, agents)

Interveners in support of the defendant: European Commission (represented by: A. Bordes and M. Konstantinidis, agents) and the Republic of Côte d’Ivoire (represented by: J.-P. Mignard, J.-P. Benoit and G. Merland, lawyers)

Re:

Initially, an application for annulment, first, of Council Decision 2011/18/CFSP of 14 January 2011 amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (OJ 2011 L 11, p. 36), and, second, of Council Regulation (EU) No 25/2011 of 14 January 2011 amending Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d'Ivoire (OJ 2011 L 11, p. 1), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mrs Simone Gbagbo to bear her own costs and those incurred by the Council of the European Union;

3. Orders the Republic of Côte d’Ivoire and the European Commission to bear their own costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 129/18

Judgment of the General Court of 21 March 2013 — Event v OHIM — CBT Comunicación Multimedia (eventer EVENT MANAGEMENT SYSTEMS)

(Case T-353/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark eventer EVENT MANAGEMENT SYSTEMS - Earlier national word mark Event - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 129/34

Language of the case: English

Parties

Applicant: Event Holding GmbH & Co. KG (Cologne, Germany) (represented by: G. Schoenen and V. Töbelmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: CBT Comunicación Multimedia (Getxo, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 March 2011 (Case R 939/2010-2), relating to opposition proceedings between Event Holding GmbH & Co. KG and CBT Comunicación Multimedia, SL

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Event Holding GmbH & Co. KG to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 189/20

Judgment of the General Court of 16 May 2013 — Restoin v OHIM (EQUIPMENT)

(Case T-356/11) (1)

(Community trade mark - Application for Community word mark EQUIPMENT - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2013/C 189/39

Language of the case: French

Parties

Applicant: Restoin (Paris, France) (represented by: A. Alcaraz, lawyer)

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

Re:

Action brought against the decision of the Fourth Chamber of the Board of Appeal of OHIM of 14 April 2011 (Case R 1430/2010-4), concerning an application for registration of the word mark EQUIPMENT as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Restoin to pay the costs.

(1) OJ C 269, 1.9.2011.
EN Official Journal of the European Union C 156/40

Judgment of the General Court of 17 April 2013 — TCMFG v Council

(Case T-404/11) (1)

(Common Foreign and Security Policy - Restrictive measures against Iran intended to prevent nuclear proliferation - Freezing of funds - Obligation to state reasons - Manifest error of assessment)

2013/C 156/73

Language of the case: German

Parties

Applicant: Turbo Compressor Manufacturer (TCMFG) (Teheran, Iran) (represented by: K. Kleinschmidt, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and J-P. Hix, Agents)

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and T. Scharf, agents)

Re:

Action for annulment of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), to the extent that it affects the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, to the extent that it affects Turbo Compressor Manufacturer (TCMFG);

2. Maintains the effects of Decision 2011/299, to the extent that it affects TCMFG, for a period which may not exceed two months and ten days as from the date of delivery of this judgment.

3. Orders the Council of the European Union to bear, in addition to its own costs, the costs incurred by TCMFG.

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

(1) OJ C 290, 1.10.2011.
EN Official Journal of the European Union C 225/74

Judgment of the General Court of 13 June 2013 — Hostel drap v OHIM — Aznar Textil (MY drap)

(Case T-636/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark MY drap - Earlier Community figurative mark BON DRAP - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/164

Language of the case: Spanish

Parties

Applicant: Hostel drap, SL (Monistrol de Montserrat, Spain) (represented by: C. Prat, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Aznar Textil, SL (Paterna, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 September 2011 (Case R 2127/2010-2), relating to opposition proceedings between Aznar Textil, SL and Hostel drap, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hostel drap, SL to pay the costs.

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 225/67

Judgment of the General Court of 28 May 2013 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional shape of a bottle)

(Case T-178/11) (1)

(Community trade mark - Cancellation proceedings - Three-dimensional Community trade mark depicting the shape of a bottle - Absolute grounds for refusal)

2013/C 225/149

Language of the case: English

Parties

Applicants: Voss of Norway ASA (Oslo, Norway) (represented by: F. Jacobacci and B. La Tella, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Nordic Spirit AB (publ) (Stockholm, Sweden)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2011 (Case R 785/2010-1) relating to cancellation proceedings between Nordic Spirit AB (publ) and Voss of Norway ASA

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Voss of Norway ASA to pay the costs.

(1) OJ C 145, 14.5.2011.
EN Official Journal of the European Union C 313/24

Judgment of the General Court of 12 September 2013 — Valeo Vision v Commission

(Case T-457/11) (1)

(Application for annulment - Common Customs Tariff - Classification in the Combined Nomenclature - Tariff heading - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility)

2013/C 313/46

Language of the case: French

Parties

Applicant: Valeo Vision (Bobigny, France) (represented by: R. Ledru, lawyer)

Defendant: European Commission (represented by: R. Lyal, B. R. Killmann and L. Keppenne, Agents)

Re:

Application for the annulment of Council Implementing Regulation (EU) No 603/2011 of the Commission of 20 June 2011 concerning the classification of certain goods in the Combined Nomenclature (OJ 2011 L 163, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible.

2. Orders Valeo Vision to pay its own costs and those of the European Commission

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 245/8

Judgment of the General Court of 9 July 2013 — Arango Jaramillo and Others v EIB

(Case T-234/11 P-RENV-RX) (1)

(Appeal - Civil service - Staff of the EIB - Review of the judgment of the General Court - Action at first instance dismissed as inadmissible - Pensions - Increase in the contribution to the pension scheme - Time-limit for bringing proceedings - Reasonable period)

2013/C 245/10

Language of the case: French

Parties

Appellants: Oscar Orlando Arango Jaramillo (Luxembourg, Luxembourg) and the 34 other appellants whose names are set out in the annex to the judgment (represented by: B. Cortese and C. Cortese, lawyers)

Other party to the proceedings: European Investment Bank (EIB) (represented by: C. Gómez de la Cruz and T. Gilliams, acting as Agents, and by P.-E. Partsch, lawyer)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 4 February 2011 in Case F-34/10 Arango Jaramillo and Others v EIB [2011] ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that order set aside.

Operative part of the judgment

The Court:

1. Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 4 February 2011 in Case F-34/10 Arango Jaramillo and Others v EIB;

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

3. Reserves the costs.

(1) OJ C 211, 16.7.2011.