ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 372/16

Judgment of the General Court of 10 September 2014 — DTM Ricambi v OHIM — STAR (STAR)

(Case T-199/13) (1)

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

2014/C 372/21

Language of the case: Italian

Parties

Applicant: DTM Ricambi Srl (Bologna, Italy) (represented by: V. Catelli and A. Loffredo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Società trasporti automobilistici regionali SpA (STAR) (Lodi, Italy) (represented by: F. Caricato, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 January 2013 (Case R 0124/2012-1) concerning opposition proceedings between Società trasporti automobilistici regionali SpA (STAR) and DTM Ricambi Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DTM Ricambi Srl to pay the costs.

(1) OJ C 156, 1.6.2013.
EN Official Journal of the European Union C 282/36

Judgment of the General Court of 4 July 2014 — Construcción, Promociones e Instalaciones v OHIM — Copisa Proyectos y Mantenimientos Industriales (CPI COPISA INDUSTRIAL)

(Case T-345/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark CPI COPISA INDUSTRIAL - Earlier Spanish figurative mark Cpi construcción promociones e instalaciones, s.a. and earlier trade name Construcción, Promociones e Instalaciones, S.A.-C.P.I. - Relative grounds for refusal - Article 8(1) (b) and (4) of Regulation (EC) No 207/2009 - No evidence of genuine use of the earlier mark - No evidence of use of the earlier trade name in the course of trade))

2014/C 282/46

Language of the case: Spanish

Parties

Applicant: Construcción, Promociones e Instalaciones, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Copisa Proyectos y Mantenimientos Industriales, SA (L’Hospitalet de Llobregat, Spain) (represented by: T. González Martínez, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 April 2013 (Case R 1935/2012-2), relating to opposition proceedings between Construcción, Promociones e Instalaciones, SA, and Copisa Proyectos y Mantenimientos Industriales, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Construcción, Promociones e Instalaciones, SA to pay the costs.

(1) OJ C 245, 24.8.2013.
EN Official Journal of the European Union C 409/35

Judgment of the General Court of 3 October 2014 — Cezar v OHIM — Poli-Eco (Insert)

(Case T-39/13) (1)

((Community design - Invalidity proceedings - Registered Community design representing an insert - Earlier design - Novelty - Individual character - Visible features of a component part of a complex product - Assessment of the earlier design - Articles 3, 4, 5, 6 and 25(1)(b) of Regulation (EC) No 6/2002))

2014/C 409/50

Language of the case: English

Parties

Applicant: Cezar Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński (Ełk, Poland) (represented initially by M. Nentwig and G. Becker, and subsequently by M. Nentwig, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Poli-Eco Tworzywa Sztuczne sp. z o.o. (Szprotawa, Poland) (represented initially by B. Rokicki, and subsequently by D. Rzazewska, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 8 November 2012 (Case R 1512/2010-3), concerning invalidity proceedings between Poli-Eco Tworzywa Sztuczne sp. z o.o. and Cezar Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński.

Operative part of the judgment

The Court:

1) Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 November 2012 (Case R 1512/2010-3);

2) Orders OHIM to bear its own costs and to pay the costs incurred by Cezar Przedsiębiorstwo Produkcyjne Dariusz Bogdan Niewiński;

3) Orders Poli-Eco Tworzywa Sztuczne sp. z o.o. to bear its own costs.

(1) OJ C 101, 6.4.2013.
Judgment of the General Court of 26 September 2014 — DK Recycling und Roheisen v Commission

(Case T-630/13) (1)

((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Transitional rules for harmonised free allocation of emission allowances from 2013 - Decision 2011/278/EU - National implementation measures presented by Germany - Clause relating to extremely difficult cases - Freedom to conduct a business - Right to property - Proportionality))

(2014/C 395/60)

Language of the case: German

Parties

Applicant: DK Recycling und Roheisen GmbH (Duisburg, Germany) (represented by: S. Altenschmidt, lawyer)

Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)

Re:

Application for annulment of Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof, read in conjunction with Annex I, Point A thereto, rejects the inscription of the installation with the identification codes DE000000000001320 and DE-new-14220-0045 on the list of installations provided for in Article 11(1) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and the preliminary total annual amounts of emission allowances to be allocated for free to those installations.

Operative part of the judgment

The Court:

1. Annuls Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council in so far as it rejects the free allocation of emission allowances for the installations listed in Annex I, Point D to that decision on the basis of a process emissions sub-installation for the production of zinc in the blast furnace and related processes;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 7/32

Judgment of the General Court of 18 November 2014 — Think Schuhwerk v OHIM — Müller (VOODOO)

(Case T-50/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark VOODOO - Absolute grounds for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c)of Regulation (EC) No 207/2009 - Bad faith - Article 52(1)(b) of Regulation No 207/2009))

(2015/C 007/34)

Language of the case: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Andreas Müller (Ulm, Germany) (represented by: J. Pick, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2012 (Case R 474/2012 4) concerning invalidity proceedings between Think Schuhwerk GmbH and Mr Andreas Müller

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Think Schuhwerk GmbH to pay the costs.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 421/38

Judgment of the General Court of 16 October 2014 — Federación Española de Hostelería v EACEA

(Case T-340/13) (1)

((Action for annulment - Lifelong learning programme - Contract concerning the ‘Virtual simulator for language training for tourism professionals (e-client)’ - Pre-information letter - Contractual nature of dispute - Act not subject to appeal - No reclassification of contract))

2014/C 421/52

Language of the case: Spanish

Parties

Applicant: Federación Española de Hostelería (Madrid, Spain) (represented by: B. Miguelsanz Roldán, F.J. del Nogal Méndez, R. Fernández Flores and M.P. Abad Marco, lawyers)

Defendant: Education, Audiovisual and Culture Executive Agency (EACEA) (represented by: H. Monet and A. Jaume, Agents, assisted initially by J.L. Buendía Sierra, N. Ruiz García and A. Balcells Cartagena, then, J.L. Buendía Sierra and A. Balcells Cartagena, lawyers)

Re:

Application for annulment of the EACEA’s pre-information letter of 5 April 2013 informing the applicant that it had to reimburse EUR 1 81 686,11 following the audit of the ‘Virtual simulator for language training for tourism professionals (e-client)’.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Federación Española de Hostelería to pay the costs.

(1) OJ C 245, 24.8.2013.
EN Official Journal of the European Union C 46/50

Judgment of the General Court of 12 December 2014 — Canal + group v OHIM — Euronews (News+)

(Case T-591/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark News+ - Earlier national word mark ACTU+ - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 046/63)

Language of the case: French

Parties

Applicant: Canal + group (Issy-les-Moulineaux, France) (represented by: L. Barissat and R. Joseph, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Euronews (Écully, France) (represented by: V. von Bomhard and J. Schmitt, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2013 (Case R 1533/2012-4), relating to opposition proceedings between, on the one hand, Canal + group and Canal + France and, on the other hand, Euronews.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Canal + group to pay the costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 34/38

Judgment of the General Court of 11 December 2014 — Oracle America v OHIM — Aava Mobile (AAVA CORE)

(Case T-618/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark AAVA CORE - Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No likelihood of association - Link between the signs - No similarity of the signs - Article 8(5) of Regulation No 207/2009))

(2015/C 034/45)

Language of the case: English

Parties

Applicant: Oracle America, Inc. (Wilmington, Delaware, United States) (represented by: T. Heydn, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Aava Mobile Oy (Oulu, Finland)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2013 (Case R 1369/2012-2), relating to opposition proceedings between Oracle America, Inc. and Aava Mobile Oy.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Oracle America, Inc. to pay the costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 81/17

Judgment of the General Court of 22 January 2015 — Tsujimoto v OHIM — Kenzo (KENZO)

(Case T-322/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark KENZO - Earlier Community word mark KENZO - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009 - Late submission of documents - Discretion of the Board of Appeal - Article 76(2) of Regulation No 207/2009))

(2015/C 081/22)

Language of the case: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: M. Rajh and J. Crespo Carrillo, and subsequently by M. Rajh and P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kenzo (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 March 2013 (Case R 1364/2012-2) concerning opposition proceedings between Kenzo and Mr Kenzo Tsujimoto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Kenzo Tsujimoto to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 65/31

Judgment of the General Court of 16 January 2015 — Trentea v FRA

(Case T-107/13 P) (1)

((Appeal - Civil service - Members of the temporary staff - Recruitment - Rejection of the appellant’s application and appointment of another candidate - Plea in law raised for the first time at the hearing - Distortion of the clear sense of the evidence - Duty to state reasons - Order as to costs disputed))

(2015/C 065/42)

Language of the case: English

Parties

Appellant: Cornelia Trentea (Barcelona, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

Other party to the proceedings: The European Union Agency for Fundamental Rights (FRA) (represented by: M. Kjærum, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 December 2012 in Trentea v FRA (F-112/10, ECR-SC, EU:F:2012:179) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Declares that Ms Cornelia Trentea is to bear her own costs and orders her to pay the costs incurred by the European Union Agency for Fundamental Rights in the present proceedings.

(1) OJ C 129, 4.5.2013.
EN Official Journal of the European Union C 118/28

Judgment of the General Court of 26 February 2015 — 9Flats v OHIM — Tibesoca (9flats.com)

(Case T-713/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark 9flats.com - Earlier national figurative mark 50flats - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 118/36)

Language of the case: German

Parties

Applicant: 9Flats GmbH (Hamburg, Germany) (represented by: H. Stoffregen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially A. Pohlmann, then S. Hanne, Agent)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 October 2013 (Case R 1671/2012-2), relating to opposition proceedings between Tibesoca, SL and 9Flats GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 9Flats GmbH to pay the costs.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 96/14

Judgment of the General Court of 5 February 2015 — Türkiye Garanti Bankasi AS v OHIM — Card & Finance Consulting (bonus & more)

(Case T-33/13) (1)

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

(2015/C 096/17)

Language of the case: English

Parties

Applicant: Türkiye Garanti Bankasi AS (Istanbul, Turkey) (represented by: J. Güell Serra, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Card & Finance Consulting GmbH (Nuremberg, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2012 (Case R-1890/2011-4), relating to opposition proceedings between Türkiye Garanti Bankasi AS and Card & Finance Consulting 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 12 November 2012 (Case R 1890/2011-4).

2. Orders OHIM to bear its own costs and to pay those incurred by Türkiye Garanti Bankasi AS.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 190/14

Judgment of the General Court of 23 April 2015 — BX v Commission

(Case T-352/13 P) (1)

((Appeal - Civil service - Recruitment - Notice of competition - Open competition - Constitution of a reserve pool of Administrators (AD 5) of Bulgarian and Romanian citizenship in the field of Law - Selection board’s decision not to include the appellant on the reserve list - Burden of proof - Comparative assessment - Equal treatment - Stability in the composition of the selection board - Fifth paragraph of Article 3 of Annex III to the Staff Regulations - Distortion of the facts and evidence - Action for damages - Decision as to costs))

(2015/C 190/16)

Language of the case: English

Parties

Appellant: BX (Washington, United States) (represented by: R. Rata, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggers, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 24 April 2013, in BX v Commission (F 88/11, ECR-SC, EU:F:2013:51), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

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

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 146/38

Judgment of the General Court of 19 March 2015 — City Cycle Industries v Council

(Case T-413/13) (1)

((Dumping - Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia - Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China - Circumvention - Failure to cooperate - Article 13 of Regulation (EC) No 1225/2009 - Obligation to state reasons - Error of assessment - Equal treatment - Access to the file))

(2015/C 146/52)

Language of the case: English

Parties

Applicant: City Cycle Industries (Colombo, Sri Lanka) (represented by: T. Müller-Ibold and F.-C. Laprévote, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, Agent, and by R. Bierwagen and C. Hipp, lawyers)

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland and M. França, Agents); and Maxcom Ltd (Plovdiv, Bulgaria) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Re:

Application for the partial annulment of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ 2013 L 153, p. 1).

Operative part of the judgment

The Court:

1) Annuls Article 1(1) and (3) of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, to the extent that it concerns City Cycle Industries;

2) Orders the Council of the European Union to pay the costs incurred by City Cycle Industries and to bear its own costs;

3) Orders the European Commission and Maxcom Ltd to bear their own costs.

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 213/33

Judgment of the General Court of 12 May 2015 — Unión de Almacenistas de Hierros de España v Commission

(Case T-623/13) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents concerning two national competition procedures - Documents submitted to the Commission by a national authority within the framework of cooperation provided for by EU law - Refusal of access - Exception related to the protection of the purpose of inspections, investigations and audits - Exception related to the protection of the commercial interests of a third party - No obligation for the Institution concerned to carry out a specific and individual examination of the content of the documents concerned in the request for access when the investigation at issue is definitively closed - No need for an organisational measure in the procedure requesting the documents at issue - Failure to take account of the special situation of the applicant))

(2015/C 213/55)

Language of the case: Spanish

Parties

Applicant: Unión de Almacenistas de Hierros de España (Madrid, Spain) (represented by: A. Creus Carreras and A. Valiente Martin, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Intervener in support of the Defendant: The Federal Republic of Germany (represented by: T. Henze, K. Petersen and A. Lippstreu, acting as Agents)

Re:

Action for annulment of Commission decision of 18 September 2013 refusing to grant the applicant access to certain documents concerning the exchange of correspondence between the Commission and the Comisión Nacional de la Competencia (CNC, Spanish national competition commission), as regards two procedures opened by the latter.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the Unión de Almacenistas de Hierros de España is to bear its own costs and to pay those incurred by the European Commission;

3) Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 198/34

Judgment of the General Court of 28 April 2015 — Saferoad RRS v OHIM (MEGARAIL)

(Case T-137/13) (1)

((Community trade mark - Application for Community word mark MEGARAIL - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 198/45)

Language of the case: German

Parties

Applicant: Saferoad RRS GmbH (Weroth, Germany) (represented by: C. Czychowski, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2013 (Case R 2536/2011-4) relating to the application for registration of the word sign MEGARAIL as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Saferoad RRS GmbH to pay the costs.

(1) OJ C 129, 4.5.2013.