ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 239/43

Judgment of the General Court of 1 June 2017 — Changmao Biochemical Engineering v Council

(Case T-442/12) (1)

((Dumping - Imports of tartaric acid originating in China - Modification of the definitive anti-dumping duty - Partial interim review - Market economy treatment - Costs of major inputs substantially reflecting market values - Change in circumstances - Obligation to state reasons - Period for adopting a decision on market economy treatment - Rights of the defence - Article 20(2) of Regulation (EC) No 1225/2009))

(2017/C 239/53)

Language of the case: English

Parties

Applicant: Changmao Biochemical Engineering Co. Ltd (Changzhou, China) (represented by: E. Vermulst, S. van Cutsem, F. Graafsma and J. Cornelis, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, assisted initially by G. Berrisch, lawyer, and N. Chesaites, Barrister, and subsequently by G. Berrisch)

Interveners in support of the defendant: European Commission (represented initially by M. França and A. Stobiecka-Kuik, and subsequently by M. França and J.-F. Brakeland, acting as Agents) and Distillerie Bonollo SpA (Formigine, Italy), Industria Chimica Valenzana SpA (Borgoricco, Italy), Distillerie Mazzari SpA (Sant’Agata sul Santerno, Italy), Caviro Distillerie Srl (Faenza, Italy) and Comercial Química Sarasa, SL (Madrid, Spain) (represented by: R. MacLean, Solicitor)

Re:

Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 626/2012 of 26 June 2012 amending Implementing Regulation (EU) No 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China (OJ 2012 L 182, p. 1), in so far as it applies to the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 626/2012 of 26 June 2012 amending Council Implementing Regulation (EU) No 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China in so far as that regulation applies to Changmao Biochemical Engineering Co. Ltd.;

2. Orders the Council of the European Union to pay half of the costs incurred by Changmao Biochemical Engineering and to bear its own costs;

3. Orders Changmao Biochemical Engineering to bear half of its own costs;

4. Orders the European Commission to bear its own costs;

5. Orders Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie Srl and Comercial Química Sarasa, SL to bear their own costs.

(1) OJ C 366, 24.11.2012.
EN Official Journal of the European Union C 136/27

Judgment of the General Court of 29 February 2016 — Schenker v Commission

(Case T-265/12) (1)

((Competition - Agreements, decisions and concerted practices - International air freight forwarding services - Decision finding an infringement of Article 101 TFEU - Price fixing - Surcharges and charging mechanisms affecting the final price - Evidence contained in an application for immunity - Protection of the confidentiality of communications between lawyers and clients - Code of Conduct rules on duty of loyalty and prohibition on double representation - Fiduciary duties - Whether trade between Member States affected - Whether unlawful conduct can be attributed - Choice of companies - Fines - Proportionality - Gravity of the infringement - Mitigating circumstances - Equal treatment - Cooperation - Settlement - 2006 Guidelines on the method of setting fines))

(2016/C 136/37)

Language of the case: English

Parties

Applicant: Schenker Ltd (Feltham, United Kingdom) (represented by: F. Montag, B. Kacholdt and F. Hoseinian, lawyers, and by D. Colgan and T. Morgan, Solicitors)

Defendant: European Commission (represented initially by A. Dawes and N. von Lingen, and subsequently by A. Dawes and G. Meessen, acting as Agents, and by B. Kennelly and H. Mussa, Barristers)

Re:

Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicant, and for variation of the fine imposed on it in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Schenker Ltd to pay the costs.

(1) OJ C 243, 11.8.2012.
Official Journal of the European Union

Judgment of the General Court of 23 January 2014 — Novartis v OHIM (CARE TO CARE)

(Case T-68/13) (1)

(Community trade mark - Application for the Community word mark CARE TO CARE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

(2014/C 71/36)

Language of the case: English

Parties

Applicant: Novartis AG (Basle, Switzerland) (represented by: M. Douglas, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (Case R 953/2012-1), concerning an application for registration of the word sign CARE TO CARE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novartis AG to pay the costs.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 235/17

Judgment of the General Court of 5 June 2014 — Brune v Commission

(Case T-269/13 P) (1)

((Appeal - Civil service - Officials - Recruitment - Open competition - Non-inclusion on the reserve list - New decision of the Commission adopted following annulment by the Civil Service Tribunal - No participation in the oral test))

2014/C 235/22

Language of the case: German

Parties

Appellant: Markus Brune (Bonn, Germany) (represented by: H. Mannes, lawyer)

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

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 21 March 2013 in Case F-94/11 Brune v Commission (not yet published in the ECR), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Markus Brune to bear his own costs as well as those incurred by the European Commission in the present proceedings.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 129/21

Judgment of the General Court of 12 March 2014 — Alsteens v Commission

(Case T-373/13) (1)

((Appeal - Civil Service - Temporary agents - Extension of contract - Manifest inadmissibility of the action at first instance - Right to a hearing - Severability of the codicil extending the contract))

2014/C 129/27

Language of the case: French

Parties

Appellant: Geoffroy Alsteens (Marcinelle, Belgium) (represented by: S. Orlandi, D. de Abreu Caldas and J.-N. Louis, lawyers)

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

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (Third Chamber) of 8 May 2013 in Case F-87/12 Alsteens v Commission seeking the annulment of that order.

Operative part of the judgment

The Court:

1. Annuls the order of the Civil Service Tribunal of the European Union (Third Chamber) of 8 May 2013 in Case F-87/12 Alsteens v Commission;

2. Refers the action back to the Civil Service Tribunal;

3. Orders the costs to be reserved.

(1) OJ C 325, 9.11.2013.
EN Official Journal of the European Union C 361/7

Judgment of the General Court of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and four stars)

(Case T-686/13) (1)

((Community trade mark - Application for a figurative Community trade mark representing two lines and four stars - Absolute ground for refusal - Distinctive character - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 - Absence of concrete assessment - Duty to state reasons))

2014/C 361/07

Language of the case: French

Parties

Applicant: Unibail Management (Paris, France) (represented by: L. Bénard, A. Rudoni and O. Klimis, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (case R 300/2013-2) concerning an application for registration of a sign representing two lines and 4 stars as a Community trade mark.

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 3 September 2013 (case R 300/2013-2) in so far as it dismissed the appeal of Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42;

2. Orders OHIM to pay the costs.

(1) OJ C 52, 22.2.2014.
5)

Orders the effects of Annex II to Decision 2010/413, as amended by Decision 2013/270, and Annex IX to Regulation No 267/2012, as amended by Implementing Regulation No 522/2013, to be maintained as regards Sorinet Commercial Trust Bankers, until the date of expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of the appeal;
Official Journal of the European Union

Judgment of the General Court of 26 September 2014 — Brainlab v OHIM (Curve)

(Case T-266/13) (1)

((Community trade mark - Application for Community word mark Curve - Absolute ground for refusal - Trade mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/2009))

(2014/C 395/56)

Language of the case: German

Parties

Applicant: Brainlab AB (Feldkirchen, Germany) (represented by: J. Bauer, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 March 2013 (Case R 2073/2012-4), concerning an application for registration of the word mark Curve as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Brainlab AG to pay the costs.

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 388/14

Judgment of the General Court of 18 September 2014 — Herdade de S. Tiago II v OHIM — Polo/Lauren (V)

(Case T-90/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark V - Earlier Community, national and Benelux figurative marks representing a polo player - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009))

2014/C 388/16

Language of the case: English

Parties

Applicant: Herdade de S. Tiago II — Sociedade Agrícola, SA (Lisbon, Portugal) (represented by: I. de Carvalho Simões and J. Pimenta, lawyers)

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, intervener before the General Court: The Polo/Lauren Company, LP (New York, United States) (represented by: R. Black and S. Davies, Solicitors)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2012 (Case R 2240/2011-2), relating to opposition proceedings between The Polo/Lauren Company, LP and Herdade de S. Tiago II — Sociedade Agrícola, SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Herdade de S. Tiago II — Sociedade Agrícola, SA to pay the costs.

(1) OJ C 123, 27.4.2013.
EN Official Journal of the European Union C 7/34

Judgment of the General Court of 19 November 2014 — Out of the blue v OHIM — Dubois and Another (FUNNY BANDS)

(Case T-344/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark FUNNY BANDS - Earlier national trade name FUNNY BANDS - Earlier national Internet domain name ‘www.funny-bands.com’ - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Use of a sign in the course of trade of more than mere local significance - Article 76(2) of Regulation No 207/2009 - Rejection of the opposition))

(2015/C 007/37)

Language of the case: English

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Frédéric Dubois (Lasne, Belgium) and Another

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 April 2013 (Case R 542/2012-2), relating to opposition proceedings between Out of the blue KG and Mr Frédéric Dubois and Another.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Out of the blue KG to pay the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 421/41

Judgment of the General Court of 15 October 2014 — Court of Auditors v BF

(Case T-663/13) (1)

((Appeal - Civil service - Recruitment - Appointment to a post of Director of Human Resources - Rejection of application - Obligation to state reasons in the report tabled by the Pre-selection Committee))

2014/C 421/57

Language of the case: French

Parties

Appellant: Court of Auditors of the European Union (represented by: T. Kennedy and J. Vermer, agents)

Other party to the proceedings: BF (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal (First Chamber) of 17 October 2013 in Case F-69/11 BF v Court of Auditors, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders the Court of Auditors of the European Union to bear its own costs and to pay those incurred by Mr BF in connection with the present proceedings.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 46/48

Judgment of the General Court of 12 December 2014 — Comptoir d'Épicure v OHIM — A-Rosa Akademie (da rosa)

(Case T-405/13) (1)

((Community trade mark - Opposition proceedings - Application for international registration designating the European Community - Figurative mark da rosa - Earlier Community word mark aROSA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22 of Regulation (EC) No 2868/95))

(2015/C 046/60)

Language of the case: French

Parties

Applicant: Le Comptoir d'Épicure (Paris, France) (represented by: S. Arnaud, 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: A-Rosa Akademie GmbH (Rostock, Germany) (represented by: A. Theis, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 22 May 2013 (Case R 1195/2012-5), concerning opposition proceedings between A-Rosa Akademie Gmbh and Le Comptoir d’Épicure.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Le Comptoir d’Épicure to pay the costs.

(1) OJ C 284, 28.9.2013.
EN Official Journal of the European Union C 26/27

Judgment of the General Court of 4 December 2014 — BSH v OHIM — LG Electronics (compressor technology)

(Case T-595/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark compressor technology - Earlier national word marks KOMPRESSOR - Relative ground for refusal - Partial refusal to register - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 026/33)

Language of the case: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: LG Electronics, Inc. (Seoul, South Korea)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 1176/2012-1), concerning opposition proceedings between LG Electronics, Inc. and BSH Bosch und Siemens Hausgeräte GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BSH Bosch und Siemens Hausgeräte GmbH to pay the costs.

(1) OJ C 39, 8.2.2014.
Official Journal of the European Union

Judgment of the General Court of 21 January 2015 — easyJet Airline v Commission

(Case T-355/13) (1)

(Competition - Abuse of a dominant position - Airport services market - Decision rejecting a complaint - Article 13(2) of Regulation (EC) No 1/2003 - Case dealt with by a competition authority of a Member State - Rejection of the complaint on priority grounds - Decision of the competition authority drawing conclusions, in competition law, from an investigation conducted under national legislation applicable to the sector in question - Obligation to state reasons)

(2015/C 073/32)

Language of the case: English

Parties

Applicant: easyJet Airline Co. Ltd (Luton, United Kingdom) (represented by: M. Werner and R. Marian, lawyers)

Defendant: European Commission (represented by: A. Biolan and F. Ronkes Agerbeek, acting as Agents)

Intervener in support of the defendant: Luchthaven Schiphol NV (Schiphol, Netherlands) (represented by: J. de Pree, G. Hakopian and S. Molin, lawyers)

Re:

Application for annulment of Commission Decision C(2013) 2727 final of 3 May 2013 rejecting the complaint lodged by the applicant against Luchthaven Schiphol NV in relation to alleged anti-competitive conduct in the airport services market (Case COMP/39.869 — easyJet/Schiphol).

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders easyJet Airline Co. Ltd to pay the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 46/51

Judgment of the General Court of 12 December 2014 — Wilo v OHIM (Pioneering for You)

(Case T-601/13) (1)

((Community trade mark - Application for Community word mark Pioneering for You - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 046/64)

Language of the case: German

Parties

Applicant: Wilo SE (Dortmund, Germany) (represented by: B. Scheniders, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 September 2013 (Case R 555/2013-4) concerning an application for registration of the word sign Pioneering for You as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wilo SE to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 118/27

Judgment of the General Court of 26 February 2015 — Costa Crociere v OHIM — Guerlain (SAMSARA)

(Case T-388/13) (1)

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

(2015/C 118/35)

Language of the case: English

Parties

Applicant: Costa Crociere SpA (Genoa, Italy) (represented by: A. Vanzetti, S. Bergia and G. Sironi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Guerlain SA (Levallois-Perret, France) (represented by: C. Costa and M. Baccarelli, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 2049/2011-4), relating to opposition proceedings between Guerlain SA and Costa Crociere SpA.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Costa Crociere SpA to pay the costs.

(1) OJ C 298, 12.10.2013.
EN Official Journal of the European Union C 96/18

Judgment of the General Court of 10 February 2015 — IOIP Holdings v OHIM (GLISTEN)

(Case T-648/13) (1)

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

(2015/C 096/22)

Language of the case: English

Parties

Applicant: IOIP Holdings LLC (Fort Wayne, United States) (represented by: H. Dhondt and S. Kinart, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2013 (Case R 1028/2013-2), concerning an application for registration of the word sign GLISTEN as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IOIP Holdings LLC to pay the costs.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 155/24

Judgment of the General Court of 25 March 2015 — Sea Handling v Commission

(Case T-456/13) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure for reviewing State aid - Refusal to grant access - Exception relating to the protection of the purpose of inspections, investigations and audits - Exception relating to the protection of the commercial interests of a third party - Obligation to carry out a concrete and individual examination - Overriding public interest - Partial access))

(2015/C 155/27)

Language of the case: Italian

Parties

Applicant: Sea Handling SpA (Somma Lombardo, Italy) (represented initially by B. Nascimbene and M. Merola, lawyers)

Defendant: European Commission (represented initially by D. Grespan and C. Zadra, and subsequently by D. Grespan and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application for annulment of the Commission decision of 12 June 2013 refusing to grant Sea Handling access to documents relating to a procedure for reviewing State aid.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sea Handling SpA to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 298, 12.10.2013.
EN Official Journal of the European Union C 138/47

Judgment of the General Court of 6 March 2015 — Braun Melsungen v OHIM (SafeSet)

(Case T-513/13) (1)

((Community trade mark - Application for Community word mark SafeSet - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009 - Examination of the facts by the Office of its own motion - Article 76(1) of Regulation No 207/2009))

(2015/C 138/61)

Language of the case: German

Parties

Applicant: B. Braun Melsungen AG (Melsungen, Germany) (represented by: M.-C. Seiler, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 June 2013 (Case R 1598/2012-1), concerning an application for registration of the word mark SafeSet as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders B. Braun Melsungen AG to pay the costs.

(1) OJ C 336, 16.11.2013.