ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 27/50

Judgment of the General Court of 8 December 2015 — Giand v OHIM — Flamagas (FLAMINAIRE)

(Case T-583/14) (1)

((Community mark - Opposition proceedings - Application for Community word mark FLAMINAIRE - Earlier national and international word marks FLAMINAIRE - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Ne bis in idem))

(2016/C 027/62)

Language of the case: Italian

Parties

Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, 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, intervener before the General Court: Flamagas, SA (Barcelona, Spain) (represented by: G. Hinarejos Mulliez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2014 (Case R 2117/2011-4), relating to opposition proceedings between Flamagas, SA and Giand Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Giand Srl to pay the costs, including those necessarily incurred by Flamagas, SA for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 16/34

Judgment of the General Court of 19 November 2015 — Matratzen Concord v OHIM — Barranco Rodriguez and Barranco Schnitzler (Matratzen Concord)

(Case T-526/14) (1)

((Community trade mark - Opposition proceedings - Application for registration of the Community word mark Matratzen Concord - Earlier national word marks MATRATZEN - Relative ground of refusal - Proof of use - Likelihood of confusion - Article 8(1)(b) and Article 42(2) of Regulation (EC) No 207/2009))

(2016/C 016/42)

Language of the case: German

Parties

Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Mariano Barranco Rodriguez (Sant Just Desvern, Spain) and Pablo Barranco Schnitzler (Sant Just Desvern) (represented by: J. Iglesias Monravá, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 April 2014 (Case R 1523/2013-1) relating to opposition proceedings between, on the one hand, Mariano Barranco Rodriguez and Pablo Barranco Schnitzler and, on the other hand, Matratzen Concord GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Matratzen Concord GmbH to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 38/51

Judgment of the General Court of 10 December 2015 — Sony Computer Entertainment Europe v OHIM — Marpefa (Vieta)

(Case T-690/14) (1)

((Community trade mark - Revocation proceedings - Community figurative mark Vieta - Genuine use of the mark - Nature of use - Article 15(1) and Article 51(2) of Regulation (EC) No 207/2009 - Form differing in elements which do not alter the distinctive character of the mark - Proof of use for the registered goods))

(2016/C 038/66)

Language of the case: English

Parties

Applicant: Sony Computer Entertainment Europe Limited (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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, intervening before the General Court: Marpefa, SL (Barcelona, Spain) (represented by: I. Barroso Sánchez-Lafuente, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 July 2014 (Case R 2100/2013-2), relating to revocation proceedings between Sony Computer Entertainment Europe Limited and Marpefa, SL.

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 2 July 2014 (Case R 2100/2013-2) in so far as it dismissed the appeal against the decision of the Cancellation Division to reject the application for the revocation of the Community figurative mark Vieta for ‘apparatus for the reproduction of sound and images’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 27/52

Judgment of the General Court of 3 December 2015 — Infusion Brands v OHIM (DUALTOOLS)

(Case T-648/14) (1)

((Community trade mark - Application for the Community figurative mark DUALTOOLS - Absolute grounds for refusal - Partial refusal of registration - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2016/C 027/65)

Language of the case: English

Parties

Applicant: Infusion Brands, Inc. (Myerlake Circle Clearwater, Florida, United States) (represented by: K. Piepenbrink, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by V. Melgar, and subsequently by H. O’Neill and M. Rajh, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 398/2014-4), concerning an application for registration of the figurative sign DUALTOOLS as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Infusion Brands, Inc. to pay the costs.

(1) OJ C 380, 27.10.2014.
EN Official Journal of the European Union C 98/42

Judgment of the General Court of 27 January 2016 — Montagut Viladot v Commission

(Case T-696/14 P) (1)

((Appeal - Staff cases - Recruitment - Competition to constitute a reserve from which to recruit grade AD 5 administrators - Decision of the selection board not to place the applicant’s name on the reserve list - Diploma which does not satisfy the conditions in the notice of competition - Dismissal of the action at first instance))

(2016/C 098/55)

Language of the case: Spanish

Parties

Appellant: Bernat Montagut Viladot (Schaerbeek, Belgium) (represented by: F.A. Rodríguez-Gigirey Pérez and J.A. Simón Sánchez, lawyers)

Other party to the proceedings: European Commission (represented by: I. Galindo Martín and G. Gattinara, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 15 July 2014 in Montagut Viladot v Commission (F-160/12, ECR-SC, EU:F:2014:190), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Bernat Montagut Viladot to pay the costs.

(1) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 90/15

Order of the General Court of 21 January 2016 — BR IP Holder v OHIM — Greyleg Investments (HOKEY POKEY)

(Case T-62/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark HOKEY POKEY - Unregistered earlier national word mark - Proof of use - Right to prohibit use of the mark sought - Article 8(4) of Regulation (EC) No 207/2009 - Right of a Member State - Obligation to state reasons - Raised by the Court of its own motion))

(2016/C 090/20)

Language of the case: English

Parties

Applicant: BR IP Holder LLC (Canton, Massachusetts, United States) (represented by: F. Traub, lawyer and C. Rohsler, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Greyleg Investments Ltd (Baltonsborough, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2013 (Case R 1091/2012-4) relating to opposition proceedings between BR IP Holder LLC and Greyleg Investments Ltd.

Operative part of the order

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 22 November 2013 (Case R 1091/2012-4).

2. Orders OHIM to bear its own costs and to pay those incurred by BR IP Holder LLC.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 118/26

Judgment of the General Court of 24 February 2016 — Coca-Cola v OHIM (Shape of a contour bottle without fluting)

(Case T-411/14) (1)

((Community trade mark - Application for three-dimensional Community trade mark - Shape of a contour bottle without fluting - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009))

(2016/C 118/28)

Language of the case: English

Parties

Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: D. Stone, A. Dykes, Solicitors, and S. Malynicz, Barrister)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 March 2014 (Case R 540/2013-2), concerning proceedings for the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a contour bottle.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Coca-Cola Company to pay the costs.

(1) OJ C 282, 25.8.2014.
EN Official Journal of the European Union C 106/32

Judgment of the General Court of 4 February 2016 — Meica v OHIM — Salumificio Fratelli Beretta (STICK MiniMINI Beretta)

(Case T-247/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark STICK MiniMINI Beretta - Earlier Community word mark MINI WINI - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(3) of Regulation (EC) No 216/96))

(2016/C 106/35)

Language of the case: English

Parties

Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Labesius, 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, intervening before the General Court: Salumificio Fratelli Beretta SpA (Barzanò, Italy) (represented by: G. Ghisletti, F. Braga and P. Pozzi, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 February 2014 (Case R 1159/2013-4) relating to opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and Salumificio Fratelli Beretta SpA.

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 14 February 2014 (Case R 1159/2013-4) inasmuch as it rejects the submissions made by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG seeking a decision altering the decision of the Opposition Division in respect of the services in Class 43;

2. Dismisses the remainder of the action;

3. Orders Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Salumificio Fratelli Beretta SpA to bear their own costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 156/36

Judgment of the General Court of 18 March 2016 — El Corte Inglés v OHIM — STD Tekstil (MOTORTOWN)

(Case T-785/14) (1)

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

(2016/C 156/47)

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo and M. Toro Gordillo, lawyers)

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: STD Tekstil Limited Sirketi (Istanbul, Turkey)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 September 2014 (Case R 1960/2013-2), relating to opposition proceedings between STD Tekstil Limited Sirketi and El Corte Inglés, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 34, 2.2.2015.
EN Official Journal of the European Union C 136/30

Judgment of the General Court of 1 March 2016 — Peri v OHIM (Multiprop)

(Case T-538/14) (1)

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

(2016/C 136/42)

Language of the case: German

Parties

Applicant: Peri GmbH (Weißenhorn, Germany) (represented by: M. Eck and A. Bognár, lawyers)

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

Re:

Action for annulment of the decision of the First Board of Appeal of OHIM of 29 April 2014 (Case R 1661/2013-1), concerning an application for registration of the word sign Multiprop as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Peri GmbH to pay the costs.

(1) OJ C 329, 22.9.2014.
1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 May 2014 (Case R 1425/2013-2) in so far as it dismisses the appeal of Zuffa, LLC as regards the following goods and services: — ‘pre-recorded audio cassettes; phonograph records; compact discs; pre-recorded video cassettes; laser video discs; digital video discs; digital versatile discs; electronic storage media; USB flashdrives; CD-ROM discs all featuring mixed martial arts competitions, events and programs; motion picture films in the field of mixed martial arts’ in Class 9; — ‘provision of information relating to mixed martial arts via communication and computer networks; providing news and information in the fields of sports, fitness and mixed martial arts via communication and computer networks’ in Class 41;
Judgment of the General Court of 27 April 2016 — ANKO v Commission

(Case T-155/14) (1)

((Arbitration clause - Subsidy contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) - Persona and Terregov projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest))

(2016/C 211/55)

Language of the case: Greek

Parties

Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, S. Paliou and A. Skoulikis, lawyers)

Defendant: European Commission (represented by: R. Lyal and P. Arenas, acting as Agents, and by O. Lytra, lawyer)

Re:

Applications, under Article 272 TFEU, seeking, on the one hand, first, a declaration that the Commission’s demand for reimbursement of the subsidies paid to the applicant in implementation of the contracts No. 045459 ‘Perceptual spaces promoting independent aging’, and No. 507749 ‘Impact of e-governance on local and regional administrative services’, concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) is unfounded, and, second, to order the Commission to pay the balance of the unpaid subsidies under the first of those contracts and, on the other, to order the applicant, by way of counterclaim, to reimburse the subsidies unduly paid under those contracts.

Operative part of the judgment

The Court:

1) Dismisses the appeal brought by ANKO AE Antiprosopeion, Emporiou kai Viomichanias;

2) Orders ANKO AE Antiprosopeion, Emporiou kai Viomichanias to pay the European Commission the sum of EUR 606 570,61, corresponding to the reimbursement of the financial contributions which it received under contracts No. 045459 ‘Perceptual spaces promoting independent aging’ and No. 507749 ‘Impact of e-governance on local and regional administrative services’, concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) plus default interest as from 3 May 2014 at the rate of 3,75 %;

3) Orders ANKO AE Antiprosopeion, Emporiou kai Viomichanias to pay the costs.

(1) OJ C 175, 10.6.2014.
EN Official Journal of the European Union C 287/20

Judgment of the General Court of 28 June 2016 — Peri v EUIPO (Shape of a formwork coupler)

(Case T-656/14) (1)

((EU trade mark - Application for three-dimensional EU trade mark - Shape of a formwork coupler - Absolute ground for refusal - Sign consisting exclusively of the shape of the product required to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009))

(2016/C 287/24)

Language of the case: German

Parties

Applicant: Peri GmbH (Weißenhorn, Germany) (represented by A. Bognár and M. Eck, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 June 2014 (Case R 1178/2013-1), concerning an application for registration of a three-dimensional sign consisting of the shape of a formwork coupler as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Peri GmbH to pay the costs.

(1) OJ C 388, 3.11.2014.
EN Official Journal of the European Union C 243/29

Judgment of the General Court of 25 May 2016 — Commission v McCarron Poultry

(Case T-226/14) (1)

((Arbitration clause - Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002) - Contract relating to ‘Energy, environment and sustainable development’ - Termination of the contract - Reimbursement of part of the amount advanced - Default interest - Procedure by default))

(2016/C 243/29)

Language of the case: English

Parties

Applicant: European Commission (represented initially by L. Cappelletti and F. Moro, subsequently by F. Moro, acting as Agents, and by R. van der Hout, lawyer)

Defendant: McCarron Poultry Ltd (Killacorn Emyvale, Ireland)

Re:

Action under Article 272 TFEU seeking an order that the defendant reimburse part of the amount advanced by the Commission under contract NNE5/1999/20229, together with default interest.

Operative part of the judgment

The Court:

1. Orders McCarron Poultry Ltd to repay to the Commission the sum of EUR 900 662,25, plus accrued default interest calculated at the rate of 2,50 % per annum from 1 December 2010 until the date of full payment of the debt;

2. Orders McCarron Poultry to pay the costs.

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 392/29

Judgment of the General Court of 9 September 2016 — Tri Ocean Energy v Council

(Case T-719/14) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Error of assessment))

(2016/C 392/35)

Language of the case: English

Parties

Applicant: Tri Ocean Energy (Cairo, Egypt) (represented by: B. Kennelly, Barrister, P. Saini QC, and N. Sheikh, Solicitor)

Defendant: Council of the European Union (represented by: B. Driessen and A. Vitro, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment of Council Implementing Decision 2014/678/CFSP of 26 September 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2014 L 283, p. 59) and of Council Implementing Regulation (EU) No 1013/2014 of 26 September 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2014 L 283, p. 9), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision 2014/678/CFSP of 26 September 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, and Council Implementing Regulation (EU) No 1013/2014 of 26 September 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria in so far as they apply to Tri Ocean Energy;

2. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Tri Ocean Energy.

(1) OJ C 448, 15.12.2014
EN Official Journal of the European Union C 326/23

Judgment of the General Court of 21 July 2016 — Ogrodnik v EUIPO — Aviário Tropical (Tropical)

(Case T-804/14) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark Tropical - Earlier national word mark TROPICAL - Relative ground for refusal - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Extent of the applicant’s rights under national law - Coexistence of the marks - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2016/C 326/42)

Language of the case: English

Parties

Applicant: Tadeusz Ogrodnik (Chorzów, Poland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Garrido Otaola, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Aviário Tropical, SA (Loures, Portugal)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 September 2014 (Case R 1948/2013-4) relating to invalidity proceedings between Aviário Tropical and Mr Ogrodnik.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 September 2014 (Case R 1948/2013-4);

2. Orders EUIPO to bear its own costs and to pay those incurred by Mr Tadeusz Ogrodnik.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 402/39

Judgment of the General Court of 15 September 2016 — Philip Morris v Commission

(Case T-800/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of legal advice - Exception relating to the protection of the decision-making process - Rights of the defence - Overriding public interest))

(2016/C 402/44)

Language of the case: English

Parties

Applicant: Philip Morris Ltd (Richmond, United Kingdom) (represented by: K. Nordlander and M. Abenhaïm, lawyers)

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

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision Ares(2014) 3388066 of 29 September 2014, in so far as it refuses to grant the applicant full access to the requested documents, with the exception of the redacted personal data contained therein.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Philip Morris Ltd to pay the costs.

(1) OJ C 56, 16.2.2015.