ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 118/24

Judgment of the General Court of 8 March 2012 — Arrieta D. Gross v OHIM — International Biocentric Foundation and Others (BIODANZA)

(Case T-298/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BIODANZA - Earlier national word mark BIODANZA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Death of the trade mark applicant before adoption of the decision of the Board of Appeal - Admissibility of the response - Absence of genuine use of the earlier trade mark - Article 42(2) and (3) of Regulation No 207/2009 - Proceedings before the Board of Appeal - Rights of defence - Article 75 of Regulation No 207/2009)

2012/C 118/41

Language of the case: English

Parties

Applicant: Christina Arrieta D. Gross (Hamburg, Germany) (represented by: J.-P. Ewert, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rolando Mario Toro Araneda (Santiago de Chile, Chile)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 April 2010 (Case R 1149/2009-2), relating to opposition proceedings between Christina Arrieta D. Gross and Rolando Mario Toro Araneda.

Operative part of the judgment

The Court:

1. Grants leave to the International Biocentric Foundation Ltd, Gabriela Cedilia Toro Acuña and Hilda Pilar Toro Acuña, Rolando Patricio Toro Acuña, Maria Verónica Toro Acuña, Ricardo Marcela Toro Durán and German Toro Gonzalez, Claudia Danae Toro Sanchez, Rodrigo Paulo Toro Sanchez, Mariela Paula Toro Sanchez, Viviana Luz Toro Matuk, Morgana Fonteles Toro, Anna Laura Toro Sant’ana, Joana Castoldi Toro Araneda and Claudete Sant’ana to intervene before the General Court;

2. Dismisses the action;

3. Orders Christina Arrieta D. Gross to pay the costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 194/18

Judgment of the General Court of 22 May 2012 — Sviluppo Globale v Commission

(Case T-6/10) (1)

(Public service contracts - Call for tenders - Support for the customs and tax authorities in Kosovo - Rejection of a tenderer’s bid - Act not amenable to review - Confirmatory act - Inadmissibility - Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the call for tenders - Partial refusal of access - Exception concerning the protection of the commercial interests of a third party - Inadequate statement of reasons)

2012/C 194/28

Language of the case: Italian

Parties

Applicant: Sviluppo Globale GEIE (Rome, Italy) (represented by: F. Sciaudone, R. Sciaudone and A. Neri, lawyers)

Defendant: European Commission (represented by: P. Costa de Oliveira and F. Erlbacher, acting as Agents, and P. Manzini, lawyer)

Re:

Application, first, for annulment of the Commission’s decision of 10 November 2009 rejecting the tender submitted by the consortium of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for the provision of support services to the customs and tax authorities in Kosovo (OJ 2009/S 4-003683) and, second, for annulment of the Commission’s decision of 26 November 2009 refusing the consortium access to certain documents relating to the call for tenders.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible in so far as it is directed against the Commission’s decision of 10 November 2009 rejecting the tender submitted by the consortium of which the applicant is a member in call for tenders EuropAid/127843/D/SER/KOS for the provision of support services to the customs and tax authorities in Kosovo.

2. Annuls the Commission’s decision of 26 November 2009 concerning access to certain documents relating to that call for tenders, in so far as it refuses to grant access, in the disclosed version of the evaluation report, to the scores awarded by the evaluation committee as set out on pages 3 to 5 of that report.

3. Dismisses the action as to the remainder.

4. Dismissed the applicant’s application for the instigation of measures of inquiry.

5. Orders Sviluppo Globale GEIE to bear its own costs relating to the main proceedings and to pay three quarters of the costs incurred by the Commission in those proceedings. Orders the Commission to bear one quarter of its costs relating to the main proceedings.

6. Orders Sviluppo Globale to bear all the costs relating to the application for interim relief in Case T-6/10 R.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 138/16

Judgment of the General Court of 29 March 2012 — You-Q BV v OHIM — Apple Corps (BEATLE)

(Case T-369/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BEATLE - Earlier national and Community word and figurative marks BEATLES and THE BEATLES - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Reputation - Unfair advantage taken of the distinctive character or reputation of the earlier marks)

2012/C 138/30

Language of the case: English

Parties

Applicant: You-Q BV, formerly Handicare Holding BV (Helmond, Netherlands) (represented by: G. van Roeyen)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apple Corps Ltd (London, United Kingdom) (represented by: A. Terry, Solicitor, and F. Clark, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 May 2010 (Case R 1276/2009-2) concerning opposition proceedings between Apple Corps Ltd and Movingpeople.net International BV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders You-Q BV to pay the costs.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 243/18

Judgment of the General Court of 3 July 2012 — Marcuccio v Commission

(Case T-594/10 P) (1)

(Appeal - Civil service - Officials - Social security - Reimbursement of medical expenses - Acts adversely affecting the applicant - Implied refusal)

2012/C 243/34

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 6 October 2010 in Case F-2/10 Marcuccio v Commission, not published in the ECR, seeking the setting aside of that order.

Operative part of the judgment

The Court:

1. Sets aside the order of the Civil Service Tribunal of the European Union (First Chamber) of 6 October 2010 in Case F-2/10 Marcuccio v Commission, not published in the ECR.

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

3. Reserves the costs.

(1) OJ C 55, 19.2.2011.
EN Official Journal of the European Union C 217/20

Judgment of the General Court of 13 June 2012 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)

(Case T-535/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark GAZI Hellim - Prior collective Community word mark HALLOUMI - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 217/42

Language of the case: German

Parties

Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Nicosia, Cyprus) (represented initally by: C. Milbradt and H. Van Volxem, and subsequently by: C. Milbradt and A. Schwarz, lawyers)

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: Garmo AG (Stuttgart, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 (Case R 1497/2009-4) concerning opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG.

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 20 September 2010 (Case R 1497/2009-4);

2. Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 343/14

Judgment of the General Court of 26 September 2012 — LIS v Commission

(Case T-269/10) (1)

(Dumping - Importation of compact fluorescent lamps with integrated electronic ballast originating in China - Request for reimbursement of duties collected - Article 11(8) of Regulation (EC) No 384/96 (now Article 11(8) of Regulation (EC) No 1225/2009) - Conditions - Evidence)

2012/C 343/22

Language of the case: German

Parties

Applicant: LIS GmbH Licht Impex Service (Mettmann, Germany) (represented by: K.-P. Langenkamp, G. Hebrant and G. Holler, lawyers)

Defendant: European Commission (represented by: H. van Vliet and T. Maxian Rusche, agents)

Re:

Action for annulment of Commission Decision C(2010) 2198 final of 12 April 2010 concerning requests for reimbursement of anti-dumping duties paid in respect of the importation of compact fluorescent lamps with integrated electronic ballast originating in the People’s Republic of China.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LIS GmbH Licht Impex Service to pay the costs.

(1) OJ C 234, 28.8.2010.
Official Journal of the European Union

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

(Case T-327/10) (1)

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

(2012/C 331/31)

Language of the case: German

Parties

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

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 189/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, dark grey, light grey and dark red as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 399/18

Judgment of the General Court of 8 November 2012 — Hungary v Commission

(Case T-194/10) (1)

(Action for annulment - Regulation (EC) No 1234/2007 - Regulation (EC) No 607/2009 - E-Bacchus database - Registration of the protected designation of origin ‘Vinohradnícka oblast’ Tokaj’, in respect of Slovakia - Measure not subject to review - Inadmissibility)

2012/C 399/31

Language of the case: Hungarian

Parties

Applicant: Hungary (represented initially by J. Fazekas, M. Fehér and K. Szíjjártó, then by M. Fehér and K. Szíjjártó, acting as Agents)

Defendant: European Commission (represented by: B. Schima, V. Bottka and M. Vollkommer, acting as Agents)

Intervener in support of the defendant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Re:

Action for annulment of the registration of the protected designation of origin ‘Vinohradnícka oblasť Tokaj’, with Slovakia indicated as country of origin, in the electronic register of protected designations of origin and protected geographical indications for wine (the E-Bacchus database).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Hungary to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Republic of Slovakia to bear its own costs.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 366/32

Judgment of the General Court of 10 October 2012 — Bimbo v OHIM — Panrico (BIMBO DOUGHNUTS)

(Case T-569/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark BIMBO DOUGHNUTS - Earlier national word mark DOGHNUTS - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Article 76(2) of Regulation No 207/2009 - Article 8(1)(b) of Regulation No 207/2009 - Application for alteration - Admissibility)

2012/C 366/62

Language of the case: English

Parties

Applicant: Bimbo SA (Barcelona, Spain) (represented by: J. Carbonell 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: Panrico SA (Barcelona, Spain) (represented by D. Pellisé Urquiza, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2010 (Case R 838/2009-4) concerning opposition proceedings between Panrico SA and Bimbo SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bimbo SA to pay, in addition to its own costs, those incurred by OHIM;

3. Orders Panrico SA to bear its own costs.

(1) OJ C 46, 12.2.2011.
EN Official Journal of the European Union C 129/14

Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission

(Case T-324/10) (1)

(Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)

2013/C 129/27

Language of the case: Dutch

Parties

Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)

Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)

Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)

Re:

Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.

Operative part of the judgment

The Court:

1. Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;

4. Orders the Kingdom of Belgium to bear its own costs.

(1) OJ C 274, 9.10.2010.
EN Official Journal of the European Union C 189/18

Judgment of the General Court of 16 May 2013 — Seba Diș Tįcaret ve Naklįyat v OHIM — von Eicken (SEBA TRADITION)

(Case T-508/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark SEBA TRADITION - Earlier national figurative mark JOHANN WILHELM VON EICKEN TRADITION - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 189/33

Language of the case: German

Parties

Applicant: Seba Diș Tįcaret ve Naklįyat AȘ (Maltepe, Turkey) (represented by: H. Wilde, 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: Joh. Wilh. von Eicken GmbH (Lübeck, Germany) (represented by: C. Rohnke and F. Thiering, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 August 2010 (Case R 559/2009-4), relating to invalidity proceedings between Joh. Wilh. von Eicken GmbH and Seba Diș Tįcaret ve Naklįyat AȘ.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Seba Diș Tįcaret ve Naklįyat AȘ to pay the costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 108/20

Judgment of the General Court of 21 February 2013 — Evropaïki Dynamiki v Commission

(Case T-9/10) (1)

(Public service contracts - Tender procedure - Supply of external services relating to the provision of electronic publications - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Selection and award criteria - Obligation to state reasons - Manifest error of assessment)

2013/C 108/53

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission (represented: initially by E. Manhaeve and N. Bambara, Agents, assisted initially by E. Petritsi, lawyer, and subsequently by E. Petritsi and O. Graber-Soudry, Solicitor, and subsequently represented by E. Manhaeve, assisted by O. Graber-Soudry)

Re:

First, application for annulment of the decision of the Publications Office of the European Union of 29 October 2009 in that it rejects the tender submitted by the applicant for Lot 2, entitled ‘Electronic publishing based on Microsoft SharePoint Server’, and, inter alia, awards the contracts to the successful tenderers, and in that it awards two contracts from Lot 3, entitled ‘Electronic publishing based on open-source platforms’, to an undertaking belonging to two different consortia, within the framework of the call for tenders AO 10224 for the provision of electronic publications (OJ 2009/S 109-156511), and, secondly, a claim for damages pursuant to Articles 268 TFEU and 340 TFEU.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay the costs incurred by the European Commission.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 325/26

Judgment of the General Court of 16 September 2013 — Masco and Others v Commission

(Case T-378/10) (1)

(Competition - Agreements, decisions and concerted practices - Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Coordination of price increases and exchange of sensitive business information - Single infringement)

2013/C 325/43

Language of the case: English

Parties

Applicants: Masco Corp. (Michigan, United States of America); Hansgrohe AG (Schiltach, Germany); Hansgrohe Deutschland Vertriebs GmbH (Schiltach); Hansgrohe Handelsgesellschaft mbH (Wiener Neudorf, Austria); Hansgrohe SA/NV (Brussels, Belgium); Hansgrohe BV (Westknollendam, Netherlands); Hansgrohe SARL (Antony, France); Hansgrohe SRL (Villanova d’Asti, Italy); Hüppe GmbH (Bad Zwischenahn, Germany); Hüppe Ges.mbH (Laxenburg, Austria); Hüppe Belgium SA (Woluwé Saint-Étienne, Belgium); Hüppe BV (Alblasserdam, Netherlands) (represented by: D. Schroeder, S. Heinz, lawyers, and J. Temple Lang, Solicitor)

Defendant: European Commission (represented by: F. Castillo de la Torre and F. Ronkes Agerbeek, Agents, assisted by B. Kennelly, Barrister)

Re:

Application for annulment in part of Article 1 of Commission Decision C(2010) 4185 final of 23 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 EEA (Case COMP/39.092 — Bathroom Fittings and Fixtures), in so far as the Commission finds that the applicants participated in a single complex infringement in the bathroom fittings and fixtures sector.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Masco Corp., Hansgrohe AG, Hansgrohe Deutschland Vertriebs GmbH, Hansgrohe Handelsgesellschaft mbH, Hansgrohe SA/NV, Hansgrohe BV, Hansgrohe SARL, Hansgrohe SRL, Hüppe GmbH, Hüppe Ges.mbH, Hüppe Belgium SA and Hüppe BV to bear their own costs and to pay those incurred by the European Commission.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 304/11

Judgment of the General Court of 6 September 2013 — Eurocool Logistik v OHIM — Lenger (EUROCOOL)

(Case T-599/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark EUROCOOL - Earlier national figurative mark EUROCOOL LOGISTICS - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to a fair hearing)

2013/C 304/20

Language of the case: German

Parties

Applicant: Eurocool Logistik GmbH (Linz, Austria) (represented by: G. Secklehner and C. Ofner, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Peter Lenger (Weinheim, Germany) (represented by: F. Pfefferkorn, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 October 2010 (Case R 451/2010-1), relating to opposition proceedings between Eurocool Logistik GmbH and Mr Peter Lenger

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2010 (Case R 451/2010-1) in so far as it concerns the services, referred to in the trade mark application, of ‘development of software for the storage, commissioning and transport of chilled and frozen goods’ in Class 42 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, and the ‘services of a freight forwarding company’, in Class 39 of that agreement, covered by the earlier mark;

2. Rejects the opposition in so far as it concerns the services referred to in point 1;

3. Dismisses the action as to the remainder;

4. Orders Eurocool Logistik GmbH, OHIM and Mr Peter Lenger each to bear their own respective costs incurred in the course of the proceedings before the Court;

5. Orders OHIM to pay half of the costs incurred by Eurocool Logistik in the course of the proceedings before the Board of Appeal.

(1) OJ C 72, 5.3.2011.