ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 319/8

Judgment of the General Court of 12 September 2012 — Duscholux Ibérica v OHIM — Duschprodukter i Skandinavien (duschy)

(Case T-295/11) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Application for the Community figurative mark duschy - Earlier Community figurative mark DUSCHO Harmony - Relative ground for refusal - Absence of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Articles 75 and 76 of Regulation No 207/2009)

2012/C 319/14

Language of the case: English

Parties

Applicant: Duscholux Ibérica, SA (Barcelona, Spain) (represented by: J. Carbonnel Callicó, lawyer)

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: Duschprodukter i Skandinavien AB (Hisings Backa, Sweden) (represented initially by M. Jonson, and subsequently by A. Kyhlhammar, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2011 (Case R 662/2010-1), relating to opposition proceedings between Duscholux Ibérica, SA and Duschprodukter i Skandinavien AB

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Duscholux Ibérica, SA to pay the costs, including those incurred by Duschprodukter i Skandinavien AB in the course of the proceedings before the Board of Appeal.

(1) OJ C 238, 13.8.2011.
1.

There is no further need to rule on the appeal in so far as it concerns the judgment of the European Union Civil Service Tribunal (Third Chamber) of 14 September 2011, A v Commission (F-12/09, not yet published in the ECR), in so far as it concerns the application to set aside the decision of 28 April 2008 in as far as it refused to pay the provisional allowance provided for under Article 19(4) of the joint rules and to apply the provisions of Article 73(2)(b) of the Staff Regulations, and the application to order the Commission to pay the benefit provided for by that article;
EN Official Journal of the European Union C 399/20

Judgment of the General Court of 14 November 2012 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)

(Case T-529/11) (1)

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

2012/C 399/36

Language of the case: English

Parties

Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Impulso Industrial Alternativo, SA (Madrid, Spain) (represented by F. Brandolini Kujman and J. Devaureix, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 June 2011 (Case R 1101/2010-2), concerning opposition proceedings between Impulso Industrial Alternativo, SA and Evonik Industries AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evonik Industries AG to pay the costs.

(1) OJ C 362, 10.12.2011.
EN Official Journal of the European Union C 79/15

Judgment of the General Court of 1 February 2013 — Coin v OHIM — Dynamiki Zoi (Fitcoin)

(Case T-272/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Fitcoin - Earlier national, Community and international figurative marks coin - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 79/27

Language of the case: English

Parties

Applicant: Coin SpA (Venice, Italy) (represented by: P. Perani and G. Ghisletti, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dynamiki Zoi AE (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 February 2011 (Case R 1836/2010-2), relating to opposition proceedings between Coin SpA and Dynamiki Zoi AE.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 February 2011 (Case R 1836/2010-2) in so far as it rejected the opposition as regards the ‘Clothing, including footwear and slippers’ in Class 25;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay a third of the costs incurred by Coin SpA;

4. Orders Coin to bear two-thirds of its own costs.

(1) OJ C 226, 30.7.2011.
EN Official Journal of the European Union C 55/10

Judgment of the General Court of 15 January 2013 — Spain v Commission

(Case T-54/11) (1)

(ERDF - Reduction of financial assistance - Aid for the operational programme falling within Objective 1 (2000-2006) concerning the region of Andalucía (Spain) - Article 39(3)(b) of Regulation (EC) No 1260/1999 - Three-month period - Directive 93/36/EEC - Negotiated procedure without prior publication of a tender notice)

2013/C 55/15

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented initially by: M. Muñoz Pérez, subsequently by S. Martínez-Lage Sobredo, and finally by A. Rubio González and N. Díaz Abad, lawyers)

Defendant: European Commission (represented by: A. Steiblytė and J. Baquero Cruz, Agents)

Re:

Application for annulment of Commission Decision C(2010) 7700 final of 16 November 2010 reducing the assistance from the European Regional Development Fund (ERDF) to the Objective 1 integrated operational programme for Andalucía (2000-2006), in so far as it imposes a financial correction of 100 % on the ERDF-financed expenditure for contracts no 2075/2003 and no 2120/2005.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 147/17

Judgment of the General Court of 9 April 2013 — Italiana Calzature v OHIM — Vicini (Giuseppe GIUSEPPE ZANOTTI DESIGN)

(Case T-336/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Giuseppe GIUSEPPE ZANOTTI DESIGN - Prior national figurative and Community word marks ZANOTTI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 147/29

Language of the case: Italian

Parties

Applicant: Societá Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Vicini SpA (San Mauro Pascoli, Italy) (represented by: M. Franzosi and M. Giorgetti, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 April 2011 (Case R 634/2010-2), concerning opposition proceedings between Societá Italiana Calzature SpA and Vicini SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Societá Italiana Calzature SpA to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 79/15

Judgment of the General Court of 6 February 2013 — Bopp v OHIM (Representation of a green octagonal frame)

(Case T-263/11) (1)

(Community trade mark - Application for a Community figurative mark representing a green octagonal frame - Absolute ground for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Offer of evidence submitted for the first time in the reply - Article 48(1) of the Rules of Procedure of the General Court - Document sent to OHIM by fax - Applicable rules)

2013/C 79/26

Language of the case: German

Parties

Applicant: Carsten Bopp (Glashütten, Germany) (represented by: C. Russ, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka initially, then by K. Klüpfel and A. Pohlmann, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 March 2011 (Case R 605/2010-4), concerning an application for registration as a Community trade mark of a figurative sign representing a green octagonal frame.

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 11 March 2011 (Case R 605/2010-4);

2. Orders OHIM to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 156/38

Judgment of the General Court of 19 April 2013 — Aecops v Commission

(Case T-51/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)

2013/C 156/69

Language of the case: Portuguese

Parties

Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Decision C(88) 831 of 29 April 1988 for the funding of training operations (file 88 0369 P1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 164/15

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

(Case T-130/11) (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 - Obligation to state reasons - Manifest error of assessment)

2013/C 164/27

Language of the case: French

Parties

Applicant: Marcel Gossio (Abidjan, Côte d’Ivoire) (represented: initially by G. Collard then S. Zokou, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and G. Étienne, 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:

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).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Marcel Gossio to bear his 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 225/66

Judgment of the General Court of 6 June 2013 — Kastenholz v OHIM — Qwatchme (Watch dials)

(Case T-68/11) (1)

(Community design - Invalidity proceedings - Community design representing watch dials - Earlier unregistered designs - Ground for invalidity - Novelty - Articles 4, 5 and 25(1)(b) of Regulation (EC) No 6/2002 - Individual character - Different overall impression - Articles 4, 6 and 25(1)(b) of Regulation No 6/2002 - Earlier copyright - Article 25(1)(f) of Regulation No 6/2002)

2013/C 225/146

Language of the case: German

Parties

Applicant: Erich Kastenholz (Troisdorf, Germany) (represented by: L. Acker, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Qwatchme A/S (Løsning, Denmark) (represented by: M. Zöbisch, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 2 November 2010 (Case R 1086/2009-3) concerning invalidity proceedings between Erich Kastenholz and Qwatchme A/S.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mr Erich Kastenholz to pay the costs.

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 189/19

Judgment of the General Court of of 17 May 2013 — Bulgaria v Commission

(Case T-335/11) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Single area payment - ‘Disadvantaged areas’ - Complementary national direct payments - Operation of the geographic information system and of the identification system for agricultural parcels - Article 31 of Regulation (EC) No 1290/2005 - Proportionality - Legal certainty - obligation to state reasons)

2013/C 189/38

Language of the case: Bulgarian

Parties

Applicant: Republic of Bulgaria (represented by: E. Petranova and T. Ivanov, acting as Agents)

Defendant: European Commission (represented by: P. Rossi, D. Dimov, G. Koleva and D. Stefanov, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2011/244/EU of 15 April 2001, 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 2011 L 102, p. 33), as regards the Republic of Bulgaria

Operative part of the judgment

The Court:

1. Dismisses the application;

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

(1) OJ C 331, 12.11.2011.
2.

Declares that there is no need to adjudicate on the claim for annulment of the decisions in respect of Iran Insurance Company ‘contained in’ the letters from the Council dated 28 October 2010 and 5 December 2011, or on the plea of inadmissibility raised by the Council, supported by the Commission, solely in respect of the claim for annulment of the decision regarding Iran Insurance Company ‘contained in’ the letter from the Council dated 28 October 2010;
EN Official Journal of the European Union C 225/73

Judgment of the General Court of 18 June 2013 — Otero González v OHIM — Apli-Agipa (APLI-AGIPA)

(Case T-522/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark APLI-AGIPA - Earlier national word mark AGIPA - Relative ground for refusal - Likelihood of confusion - Comparison of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/160

Language of the case: Spanish

Parties

Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apli-Agipa SAS (Dormans, France) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2011 (Case R 1454/2010-2), relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 July 2011 (Case R 1454/2010-2) relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS in so far as it upholds Apli-Agipa’s appeal and grants it registration of the Community word mark AGIPA in respect of the ‘photographs; adhesives for stationery or household purposes; paint brushes; office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’ in Class 16 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay those incurred by Mr Otero González;

4. Orders Apli-Agipa to bear its own costs.

(1) OJ C 13, 14.1.2012.
EN Official Journal of the European Union C 325/31

Judgment of the General Court of 16 September 2013 — Bank Kargoshaei and Others v Council

(Case T-8/11) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Legitimate expectations - Review of the restrictive measures adopted - Error of assessment - Equal treatment - Legal basis - Essential procedural requirements - Proportionality - Right to property)

2013/C 325/52

Language of the case: English

Parties

Applicants: Bank Kargoshaei (Tehran, Iran); Bank Melli Iran Investment Company (Tehran); Bank Melli Iran Printing and Publishing Company (Tehran); Cement Investment & Development Co. (Tehran); Mazandaran Cement Company (Tehran); Melli Agro-chemical Company (Tehran); Shomal Cement Co. (Tehran) (represented initially by L. Defalque and S. Woog, and subsequently by L. Defalque and C. Malherbe, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and M. Konstantinidis, acting as Agents)

Re:

Application, first, for annulment in part of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 281, p. 81); of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1); of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP (OJ 2011 L 319, p. 71); of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11); and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1); and, secondly, for annulment of any future regulation or decision in force as at the date of closure of the oral procedure which supplements or amends any of the contested measures.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Bank Kargoshaei, Bank Melli Iran Investment Company, Bank Melli Iran Printing and Publishing Company, Cement Investment & Development Co., Mazandaran Cement Company, Melli Agro-chemical Company and Shomal Cement Co.;

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

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 313/25

Judgment of the General Court of 13 September 2013 — Anbouba v Council

(Case T-592/11) (1)

(Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Presumption of innocence - Burden of proof - Manifest error of assessment - Rights of defence - Obligation to state reasons)

2013/C 313/49

Language of the case: French

Parties

Applicant: Issam Anbouba (Homs, Syria) (represented by: M.-A. Bastin, J.-M. Salva and J.-N. Louis, lawyers)

Defendant: Council of the European Union (represented: initially by R. Liudvinaviciute-Cordeiro and M.-M. Joséphidès, then R. Liudvinaviciute-Cordeiro and A. Vitro, Agents)

Re:

First, application for annulment of Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 269, p. 33), of Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56), of Council Regulation (EU) No 1011/2011 of 13 October 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 269, p. 18), of Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1), and of Council Implementing Regulation No 410/2012 of 14 May 2012 Implementing Article 32(1) of Regulation No 36/2012 (OJ 2012 L 126, p.3) in so far as the applicant is named in the list of persons subject to the restrictive measures in view of the situation in Syria, and, second, application for payment of compensation for damage suffered.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Issam Anbouba to pay his own costs.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 31/9

Judgment of the General Court of 11 December 2013 — Przedsiębiorstwo Handlowe Medox Lepiarz Lepiarz v OHIM — Henkel (SUPER GLUE)

(Case T-591/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SUPER GLUE - Earlier Benelux word mark SUPERGLUE - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 31/14

Language of the case: Polish

Parties

Applicant: Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp. j. (Jaworzno, Poland) (represented by: M. Konieczyński and I. Kubiec, 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: Henkel Corp. (Gulph Mills, Pennsylvania, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2011 (Case R 1147/2010-4) relating to opposition proceedings between Henkel Corp. and Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp.j.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław Lepiarz Alicja sp.j. to pay the costs.

(1) OJ C 32, 4.2.2012.