ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 421/36

Judgment of the General Court of 16 October 2014 — Alpiq RomIndustries and Alpiq RomEnergie v Commission

(Case T-129/13) (1)

((State aid - Electricity - Preferential tariffs - Decision to open the procedure laid down in Article 108(2) TFEU - Action for annulment - Act not subject to appeal - Aid measure implemented in full prior to the date on which the action was brought - Inadmissible))

2014/C 421/49

Language of the case: German

Parties

Applicants: Alpiq RomIndustries Srl (Bucarest, Romania) and Alpiq RomEnergie Srl (Bucarest) (represented by: H. Wollmann and F. Urlesberger, lawyers)

Defendant: European Commission (represented by: E. Gippini Fournier, T. Maxian Rusche and R. Sauer, Agents)

Re:

Application for annulment of Commission Decision C (2012) 2542 final of 25 April 2012 to open the proceedings provided for in Article 108(2) TFEU concerning State Aid SA 33451 (2012/C) (ex 2012/NN) — Romania — Preferential tariffs in contracts between Hidroelectrica SA and electricity suppliers.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alpiq RomIndustries Srl and Alpiq RomEnergie Srl to pay the costs.

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 46/47

Judgment of the General Court of 12 December 2014 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)

(Case T-173/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark SELOGYN - Earlier national word mark SELESYN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Refusal to register))

(2015/C 046/58)

Language of the case: German

Parties

Applicant: Selo Medical GmbH (Unternberg, Austria) (represented by: T. Schneider, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: biosyn Arzneimittel GmbH (Fellbach, Germany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2013 (Case R 2601/2011-4), relating to opposition proceedings between biosyn Arzneimittel GmbH and Selo Medical GmbH.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Selo Medical GmbH to pay the costs.

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 26/27

Judgment of the General Court of 4 December 2014 — Sales & Solutions v OHIM — Inceda (WATT and WATT)

(Joined Cases T-494/13 and T-495/13) (1)

((Community trade mark - Invalidity proceedings - Community figurative trade mark Watt and Community word mark Watt - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 026/32)

Language of the case: German

Parties

Applicant: Sales & Solutions GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, 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 intervening before the General Court: Inceda Holding GmbH (Cologne, Germany) (represented by: J. Wald and D. Thrun, lawyers)

Re:

In Case T-494/13, action brought against the decision of the Fourth Board of Appeal of OHIM of 15 July 2013 (Case R 1192/2012-4), and, in Case T-495/13, action brought against the decision of the Fourth Board of Appeal of OHIM of 15 July 2013 (Case R 1193/2012-4), concerning invalidity proceedings between Inceda Holding GmbH and Sales & Solutions GmbH.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Sales & Solutions GmbH to bear its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of Inceda Holding GmbH in Joined Cases T-494/13 and T-495/13.

(1) OJ C 344, 23.11.2013.
Official Journal of the European Union

Judgment of the General Court of 21 January 2015 — Schwerdt v OHIM — Iberamigo (cat & clean)

(Case T-587/13) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community mark cat & clean - Prior Spanish word mark CLEAN CAT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obstacles to the free movement of goods - Article 34 TFEU - Article 16 of the Charter of Fundamental Rights)

(2015/C 073/33)

Language of the case: German

Parties

Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Iberamigo, SA (Rubi, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2013 (Case R 1799/2012-4) concerning opposition proceedings between Iberamigo, SA and Ms Miriam Schwerdt.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Miriam Schwerdt to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 56/15

Judgment of the General Court of 8 January 2015 — Club Hotel Loutraki and Others v Commission

(Case T-58/13) (1)

((State aid - Operation of Video Lottery Terminals - Grant by the Hellenic Republic of an exclusive licence - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties - Procedural rights of the interested parties - Obligation to state reasons - Right to effective judicial protection - Advantage - Joint assessment of the notified measures))

(2015/C 056/19)

Language of the case: English

Parties

Applicants: Club Hotel Loutraki AE (Loutraki, Greece); Vivere Entertainment AE (Athens, Greece); Theros International Gaming, Inc. (Patra, Greece); Elliniko Casino Kerkyras (Athens); Casino Rodos (Rhodes, Greece); Porto Carras AE (Alimos, Greece); Kazino Aigaiou AE (Syros, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: M. Afonso and P.-J. Loewenthal, acting as Agents)

Interveners in support of the defendant: Hellenic Republic (represented by: E.-M. Mamouna and K. Boskovits, acting as Agents); and Organismos Prognostikon Agonon Podosfairou AE (OPAP) (Athens, Greece) (represented: initially by K. Fountoukakos-Kyriakakos, Solicitor, L. Van den Hende and M. Sánchez Rydelski, lawyers, and subsequently by M. Petite and A. Tomtsis, lawyers)

Re:

Application for annulment of Commission Decision C(2012) 6777 final of 3 October 2012 on State aid SA.33 988 (2011/N) — Greece — Arrangements for the extension of OPAP’s exclusive right to operate 13 games of chance and the granting of an exclusive licence to operate 35 000 Video Lottery Terminals for a period of 10 years.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Club Hotel Loutraki AE, Vivere Entertainment AE, Theros International Gaming, Inc., Elliniko Casino Kerkyras, Casino Rodos, Porto Carras AE and Kazino Aigaiou AE to bear their own costs and to pay those incurred by the European Commission and the Organismos Prognostikon Agonon Podosfairou AE (OPAP);

3) Orders the Hellenic Republic to bear its own costs.

(1) OJ C 114, 20.4.2013.
EN Official Journal of the European Union C 118/26

Judgment of the General Court of 25 February 2015 — Poland v Commission

(Case T-257/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from the financing - Rural Development - Expenditure effected by Poland - Article 7 of Regulation (EC) No 1258/1999 - Article 31 of Regulation (EC) No 1290/2005 - Effectiveness of checks - Obligation to state reasons - Principle of subsidiarity))

(2015/C 118/33)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna and D. Krawczyk, Agents)

Defendant: European Commission (represented by: P. Rossi and A. Szmytkowska, Agents)

Re:

Application for annulment of Commission Implementing Decision 2013/123/EU of 26 February 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 67, p. 20), so far as concerns the ‘Early retirement’ action sector implemented by the Republic of Poland.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Poland to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 96/17

Judgment of the General Court of 5 February 2015 — nMetric LLC v OHIM (SMARTER SCHEDULING)

(Case T-499/13) (1)

((Community trade mark - International registration designating the European Community - Word mark SMARTER SCHEDULING - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 096/21)

Language of the case: English

Parties

Applicant: nMetric LLC (Costa Mesa, California, United States) (represented by: T. Fuchs and A. Münch, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2013 (Case R 887/2012-2), concerning the international registration, designating the European Community, of the word mark SMARTER SCHEDULING.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders nMetric LLC to pay the costs.

(1) OJ C 344, 5.2.13.
EN Official Journal of the European Union C 190/13

Judgment of the General Court of 23 April 2015 — Iglotex v OHIM — Iglo Foods Group (IGLOTEX)

(Case T-282/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark IGLOTEX - Earlier Community word mark IGLO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 190/15)

Language of the case: English

Parties

Applicant: Iglotex SA (Skórcz, Poland) (represented by: I.-M. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Iglo Foods Group Ltd (Feltham, United Kingdom) (represented initially by C. Hawkes, Solicitor, and subsequently by B. Brandreth and C. Hall, Barristers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2013 (Case R 67/2012-2), relating to opposition proceedings between Iglo Foods Group Ltd and Iglotex SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Iglotex SA to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 138/46

Judgment of the General Court of 9 March 2015 — ultra air v OHIM — Donaldson Filtration Deutschland (ultra.air ultrafilter)

(Case T-377/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark ultra.air ultrafilter - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))

(2015/C 138/60)

Language of the case: German

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, 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, intervener before the General Court: Donaldson Filtration Deutschland GmbH (Haan, Germany) (represented by: N. Siebertz, M. Teworte-Vey and A. Renvert, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 May 2013 (Case R 1100/2011-4) concerning invalidity proceedings between Donaldson Filtration Deutschland GmbH and ultra air GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 May 2013 (Case R 1100/2011-4) in so far as it concerns time control systems;

2. Dismisses the action as to the remainder;

3. Orders ultra air GmbH to bear its own costs and to pay the costs incurred by OHIM and by Donaldson Filtration Deutschland GmbH.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 213/30

Judgment of the General Court of 13 May 2015 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC intimate)

(Case T-363/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark CLEANIC intimate - Earlier Community word marks CLINIQUE - Relative grounds for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier marks - Article 8(5) of Regulation No 207/2009))

(2015/C 213/52)

Language of the case: Polish

Parties

Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: initially R. Rumpel, and subsequently D. Rzążewska and G. Pietras, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Clinique Laboratories, LLC (Wilmington, Delaware, United States) (represented by: initially V. von Bomhard, lawyer, and K. Hughes, Solicitor, and subsequently K. Hughes)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 April 2013 (Case R 606/2012-5), relating to opposition proceedings between Clinique Laboratories, LLC and Harper Hygienics S.A.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Harper Hygienics S.A. 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 Clinique Laboratories, LLC.

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 198/32

Judgment of the General Court of 29 April 2015 — Bank of Industry and Mine v Council

(Case T-10/13) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Time limit for action - Admissibility - Plea of illegality - Error of law - Proportionality - Right to property - Competence of the Council - Obligation to state reasons - Rights of the defence - Review of the restrictive measures adopted - Right to effective judicial protection - Error of assessment))

(2015/C 198/42)

Language of the case: French

Parties

Applicant: Bank of Industry and Mine (Tehran, Iran) (represented by: E. Glaser and S. Perrotet, lawyers)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, Agents)

Re:

First, application for annulment in part of Article 1(8) of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and, secondly, application for annulment of Council Decision 2012/635, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), and of the decision communicated by the letter from the Council of 14 March 2014, in so far as it concerns the listing of the applicant’s name 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 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. Dismisses the action;

2. Orders Bank of Industry and Mine to pay the costs.

(1) OJ C 79, 16.3.2013.
EN Official Journal of the European Union C 262/17

Judgment of the General Court of 19 June 2015 — Z v Court of Justice

(Case T-88/13 P) (1)

((Appeal - Civil service - Officials - Impartiality on the part of the Civil Service Tribunal - Application for the recusal of a judge - Reassignment - Interests of the service - Rule that the grade must correspond with the post - Article 7(1) of the Staff Regulations - Disciplinary proceedings - Rights of the defence))

(2015/C 262/22)

Language of the case: French

Parties

Appellant: Z (Luxembourg, Luxembourg) (represented by: F. Rollinger, lawyer)

Other party to the proceedings: Court of Justice of the European Union (represented by: A. Placco, acting as Agent)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 5 December 2012 in Z v Court of Justice (F-88/09 and F-48/10, ECR-SC, EU:F:2012:171), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) in Z v Court of Justice (F 88/09 and F 48/10, ECR-SC, EU:F:2012:171), in so far as it rejected as ineffective the plea in law, raised in Case F-48/10, alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of the European Union of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment;

2. Dismisses the appeal as to the remainder;

3. Dismisses the appeal in Case F-48/10 in so far as it was based on the ground of appeal alleging lack of competence on the part of the Complaints Committee and illegality of Article 4 of the decision of the Court of Justice of 4 May 2004 concerning the exercise of the powers conferred by the Staff Regulations of Officials of the European Union on the appointing authority and by the Conditions of Employment of Other Servants of the European Union on the authority empowered to conclude contracts of employment;

4. As regards the costs incurred in the present appeal proceedings, orders Z to bear three quarters of his own costs and three quarters of the costs incurred by the Court of Justice, and orders the Court of Justice to bear one quarter of its own costs and one quarter of the costs incurred by Z.

(1) OJ C 233, 10.8.2013.
EN Official Journal of the European Union C 236/37

Judgment of the General Court of 3 June 2015 — Luxembourg Pamol (Cyprus) and Luxembourg Industries v Commission

(Case T-578/13) (1)

((Action for annulment - Plant protection products - Publication of documents relating to the inclusion of an active substance - Refusal of the request for confidential treatment of certain information - Contested act not attributable to the defendant - Inadmissibility))

(2015/C 236/49)

Language of the case: English

Parties

Applicants: Luxembourg Pamol (Cyprus) Ltd (Nicosia, Cyprus); and Luxembourg Industries Ltd (Tel Aviv, Israel) (represented by: C. Mereu and K. van Maldegem, lawyers)

Defendant: European Commission (represented by: G. von Rintelen and P. Ondrůšek, acting as Agents)

Re:

Action for the annulment of the decision, notified by letter of the European Food Safety Authority (EFSA) of 8 October 2013, to publish certain parts of documents in respect of which the applicants had requested confidentiality.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Luxembourg Pamol (Cyprus) Ltd and Luxembourg Industries Ltd to pay the costs, including those relating to the interim proceedings.

(1) OJ C 45, 15.2.2014.
EN Official Journal of the European Union C 302/47

Judgment of the General Court of 15 July 2015 — Westermann Lernspielverlag v OHIM — Diset (bambinoLÜK)

(Case T-333/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark bambinoLÜK - Earlier Community figurative mark BAMBINO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/60)

Language of the case: English

Parties

Applicant: Westermann Lernspielverlag GmbH (Brunswick, Germany) (represented by: A. Nordemann and M. Maier, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Diset, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 April 2013 (Case R 1323/2012-2) concerning opposition proceedings between Diset, SA and Westermann Lernspielverlag GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Westermann Lernspielverlag GmbH to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 279/32

Judgment of the General Court of 9 July 2015 — CMT v OHIM — Camomilla (Camomilla)

(Joined Cases T-98/13 and T-99/13) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark Camomilla - Earlier national figurative mark CAMOMILLA - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - No bad faith on the part of the proprietor of the Community trade mark - Relative ground for refusal - No similarity between the goods - No damage to reputation - Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009 - Article 53(1)(a) of Regulation (EC) No 207/2009))

(2015/C 279/39)

Language of the case: Italian

Parties

Applicant: CMT Compagnia manifatture tessili Srl (CMT Srl) (Naples, Italy) (represented by: G. Floridia, R. Floridia, M. Franzoni and G. Rubino, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Camomilla SpA (Buccinasco, Italy) (represented by: A. Tornato and M. Mussi, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (cases R 1615/2011-1 and R 1617/2011-1), concerning invalidity proceedings between CMT — Compagnia manifatture tessili Srl (CMT Srl) and Camomilla SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnia manifatture tessili Srl (CMT Srl) to pay the costs.

(1) OJ C 141, 18.5.2013.