ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 377/11

Judgment of the General Court of 8 November 2013 — Kessel v OHIM — Janssen-Cilag (Premeno)

(Case T-536/10) (1)

(Community trade mark - Invalidity proceedings - Application for Community word mark Premeno - Earlier national word mark Pramino - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Restriction of the goods designated in the trade mark application - Article 43(1) of Regulation No 207/2009)

2013/C 377/26

Language of the case: German

Parties

Applicant: Kessel Marketing & Vertriebs GmbH (Mörfelden-Walldorf, Germany) (represented: initially by S. Bund, then A. Jacob, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Janssen-Cilag GmbH (Neuss, Germany) (represented by: M. Wenz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 September 2010 (Case R 708/2010-4) relating to invalidity proceedings between Janssen-Cilag GmbH and Kessel Marketing & Vertriebs 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 21 September 2010 (Case R 708/2010-4);

2. Orders OHIM to bear its own costs and to pay those incurred by Kessel Marketing & Vertriebs GmbH;

3. Orders Janssen-Cilag GmbH to bear its own costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 336/16

Judgment of the General Court of 16 September 2013 — Colt Télécommunications France v Commission

(Case T-79/10) (1)

(State Aid - Compensation for public service costs in connection with a very high-speed broadband electronic communications network in the Hauts-de-Seine department - Decision finding no State aid - Failure to initiate the formal investigation procedure - Serious difficulties)

2013/C 336/31

Language of the case: French

Parties

Applicant: Colt Télécommunications France (Paris, France) (represented by: M. Debroux, lawyer)

Defendant: European Commission (represented by: B. Stromsky and C. Urraca Caviedes, acting as Agents)

Interveners in support of the defendant: The French Republic (represented: initially by G. de Bergues and J. Gstalter, and subsequently by D. Colas, J. Bousin and J. S. Pilczer, acting as Agents); Sequalum SAS (Puteaux, France) (represented by: L. Feldman, lawyer); and the Hauts-de-Seine department (France) (represented by: J. D. Bloch and G. O’Mahony, lawyers)

Re:

Application for annulment of Commission Decision C(2009) 7426 final of 30 September 2009 concerning the compensation for public service costs for the establishment and operation of a very high speed broadband electronic communications network in the Hauts-de-Seine department (State Aid N 331/2008 — France).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

3. Orders the French Republic, Sequalum SAS and the Hauts-de-Seine department to pay their own costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 448/16

Judgment of the General Court of 5 November 2014 — Vtesse Networks v Commission

(Case T-362/10) (1)

((State aid - Aid to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region - Decision declaring the aid compatible with the internal market - Article 107(3)(c) TFEU - Action for annulment - No substantial effect on the competitive position - Locus standi - Procedural rights of the interested parties - Partial inadmissibility - No doubts which justify initiating the formal investigation procedure))

(2014/C 448/20)

Language of the case: English

Parties

Applicant: Vtesse Networks Ltd (Hertford, United Kingdom) (represented by: H. Mercer QC)

Defendant: European Commission (represented by: B. Stromsky and L. Armati, Agents)

Interveners in support of the defendant: Republic of Poland (represented: initially by M. Szpunar and B. Majczyna, and subsequently by B. Majczyna, Agents); United Kingdom of Great Britain and Northern Ireland (represented: initially by S. Behzadi-Spencer and L. Seeboruth, and subsequently by L. Seeboruth, J. Beeko and L. Christie, Agents, and initially by K. Bacon, and subsequently by S. Lee, Barristers); and British Telecommunications plc (London, United Kingdom) (represented: initially by M. Nissen and J. Gutiérrez Gisbert, then by M. Nissen and G. van de Walle de Ghelcke and lastly by G. van de Walle de Ghelcke, J. Rivas Andrés, lawyers, and J. Holmes, Barrister)

Re:

Application for the annulment of Commission Decision C(2010) 3204 of 12 May 2010 declaring the aid measure ‘Cornwall & Isles of Scilly Next Generation Broadband’, providing aid from the European Regional Development Fund to support the deployment of next generation broadband networks in the Cornwall and Isles of Scilly region, compatible with Article 107(3)(c) TFEU (State Aid No 461/2009 — United Kingdom).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Vtesse Networks Ltd to bear its own costs and to pay those of the European Commission and British Telecommunications plc;

3) Orders the Republic of Poland and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 142/31

Judgment of the General Court of 21 March 2014 — Yusef v European Commission

(Case T-306/10) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Freezing of a person’s funds and economic resources as a result of his inclusion on a list drawn up by a United Nations body - Sanctions Committee - Subsequent inclusion in Annex I to Regulation No 881/2002 - Commission’s refusal to de-list - Action for failure to act - Fundamental rights - Right to be heard, right to effective judicial review and right to property))

2014/C 142/39

Language of the case: English

Parties

Applicant: Hani El Sayyed Elsebai Yusef (London, United Kingdom) (represented initially by E. Grieves, Barrister, and H. Miller, Solicitor, and subsequently by E. Grieves, H. Miller and P. Moser QC, and R. Graham, solicitor)

Defendant: European Commission (represented by: E. Paasivirta, M. Konstantinidis and T. Scharf, Agents)

Intervener in support of the defendant: Council of the European Union (represented initially by E. Finnegan and R. Szostak, and subsequently by E. Finnegan, Agents)

Re:

Application seeking a declaration, in accordance with Article 265 TFEU, that the Commission unlawfully failed to revoke Commission Regulation (EC) No 1629/2005 of 5 October 2005 amending for the 54th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 (OJ 2005 L 260, p. 9), in so far as that act concerns the applicant

Operative part of the judgment

The Court:

1. Declares that the European Commission has failed to fulfil its obligations under the FEU Treaty and under Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001, by not remedying the procedural deficiencies and substantive irregularities affecting the freezing of the funds of Mr Hani El Sayyed Elsebai Yusef.

2. Dismisses the action as to the remainder.

3. Orders the Commission to pay, apart from its own costs, the costs incurred by Mr Yusef and the sums advanced by way of legal aid by the cashier of the Court.

4. Orders the Council of the European Union to bear its own costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 302/36

Judgment of the General Court of 15 July 2015 — Emesa-Trefilería and Industrias Galycas v Commission

(Case T-406/10) (1)

((Competition - Agreements, decisions and concerted practices - European prestressing steel market - Price fixing, market sharing and exchanging of sensitive commercial information - Decision finding an infringement of Article 101 TFEU - Cooperation during the administrative procedure - Article 139(a) of the Rules of Procedure of the General Court))

(2015/C 302/45)

Language of the case: English

Parties

Applicants: Emesa-Trefilería SA (Arteixo, Spain); and Industrias Galycas SA (Vitoria, Spain) (represented by: A. Creus Carreras and A. Valiente Martin, lawyers)

Defendant: European Commission (represented initially by V. Bottka and F. Castilla Contreras, and subsequently by V. Bottka and A. Biolan, Agents, and by M. Gray, Barrister)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and R. Liudvinaviciute-Cordeiro, Agents)

Re:

Application for annulment and alteration of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case COMP/38344 — Prestressing Steel), amended by Commission Decision C(2010) 6676 final of 30 September 2010, and by Commission Decision C(2011) 2269 final of 4 April 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Emesa-Trefilería, SA and Industrias Galycas, SA to bear their own costs and to pay those of the European Commission and the Council of the European Union;

3. Orders the Commission to pay the General Court the sum of EUR 1 500 under Article 139(a) of its Rules of Procedure, in order to refund part of the costs which the Court had to incur.

(1) OJ C 301, 6.11.2010.
Judgment of the General Court of 15 November 2018 — Banco Santander v Commission

(Case T-227/10) (1)

((State aid - Provisions concerning corporate tax allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in undertakings which are tax resident abroad - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Selectivity - Reference system - Derogation - Difference in treatment - Justification of the difference in treatment - Undertakings benefiting from the measure - Legitimate expectations))

(2019/C 25/42)

Language of the case: Spanish

Parties

Applicant: Banco Santander, SA (Santander, Spain) (represented by: initially, J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, and, subsequently, J. Buendía Sierra, E. Abad Valdenebro, R. Calvo Salinero and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: R. Lyal and C. Urraca Caviedes, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48) and, in the alternative, annulment of Article 4 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Banco Santander, SA to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 302/30

Judgment of the General Court of 15 July 2015 — GEA Group v Commission

(Case T-45/10) (1)

((Competition - Agreements, decisions and concerted practices - European market for ESBO/esters heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price fixing, market allocation and exchange of commercially sensitive information - Fines - Attribution of the infringement - Shareholding presumption - Duration and proof of the infringement - Limitation period - Duration of the administrative procedure - Reasonable time - Rights of the defence))

(2015/C 302/38)

Language of the case: German

Parties

Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: A. Kallmayer, I. du Mont, G. Schiffers and R. Van der Hout, lawyers)

Defendant: European Commission (represented by: R. Sauer and F. Ronkes Agerbeek, acting as Agents, and W. Berg, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C38.589 — Heat stabilisers), or, in the alternative, a reduction in the fine imposed.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GEA Group AG to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 89/22

Judgment of the General Court of 14 February 2012 — Peeters Landbouwmachines v OHIM — Fors MW (BIGAB)

(Case T-33/11) (1)

(Community trade mark - Invalidity proceedings - Community word mark BIGAB - Absolute ground for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)

2012/C 89/35

Language of the case: English

Parties

Applicant: Peeters Landbouwmachines BV (Etten-Leur, Netherlands) (represented by: P. Claassen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: AS Fors MW (Saue, Estonia) (represented by M. Nielsen and J. Hansen, lawyers), intervener before the General Court

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 November 2010 (Case R 210/2010-1), relating to invalidity proceedings between Peeters Landbouwmachines BV and AS Fors MW.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Peeters Landbouwmachines BV to pay the costs.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 217/21

Judgment of the General Court of 13 June 2012 — Hotel Reservation Service Robert Ragge v OHIM — Promotora Imperial (iHotel)

(Case T-277/11) (1)

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

2012/C 217/45

Language of the case: German

Parties

Applicant: Hotel Reservation Service Robert Ragge GmbH (Cologne, Germany) (represented by: M. Koch and D. Hötte, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Promotora Imperial SA (Pozuelo de Alarcón, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 February 2011 (Case R 832/2010-1) relating to opposition proceedings between Promotora Imperial SA and Hotel Reservation Service Robert Ragge GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hotel Reservation Service Robert Ragge GmbH to bear its own costs and to pay those incurred by OHIM.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 184/12

Judgment of the General Court of 10 May 2012 — Amador López v OHIM (AUTOCOACHING)

(Case T-325/11) (1)

(Community trade mark - Application for Community word mark AUTOCOACHING - Absolute grounds for refusal - Descriptive character - Article 8(1)(b) and (4) of Regulation (EC) No 207/2009)

2012/C 184/21

Language of the case: Spanish

Parties

Applicant: Pedro Germán Amador López (Barcelona, Spain) (represented by: A. Falcón Morales, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 March 2011 (Case R 1665/2010-2) concerning an application for registration of the word mark AUTOCOACHING as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pedro Germán Amador López to pay the costs.

(1) OJ C 252, 27.8.2011.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — Reddig v OHIM — Morleys (Knife handle)

(Case T-164/11) (1)

(Community trade mark - Proceedings for invalidity - Three-dimensional Community trade mark - Knife handle - Absolute ground for refusal - Sign constituted exclusively by the shape of the product necessary for obtaining a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 - Declaration of invalidity by the Board of Appeal)

(2012/C 331/38)

Language of the case: English

Parties

Applicant: Reddig GmbH (Drebber, Germany) (represented by: C. Thomas, 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: Morleys Ltd (Preston, United Kingdom) (represented by: A. Stein and M. Terbach, lawyers, and E. Gunaratnam, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2010 (Case R 1072/2009-2), concerning invalidity proceedings between Morleys Ltd and Reddig GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Reddig GmbH to pay the costs.

(1) OJ C 152, 21.5.2011.
EN Official Journal of the European Union C 319/9

Judgment of the General Court of 5 September 2012 — Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT)

(Case T-497/11) (1)

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

2012/C 319/15

Language of the case: French

Parties

Applicant: Euro-Information — Européenne de traitement de l’information (Strasbourg, France) (represented by: A. Grolée, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 July 2011 (Case No R 370/2011-2), concerning an application to register the word mark EURO AUTOMATIC PAIEMENT as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Euro-Information — Européenne de traitement de l’information to pay the costs.

(1) OJ C 370, 17.12.2011.
EN Official Journal of the European Union C 26/41

Judgment of the General Court of 11 December 2012 — Sina Bank v Council

(Case T-15/11) (1)

(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Duty to state reasons)

2013/C 26/79

Language of the case: English

Parties

Applicant: Sina Bank (Tehran, Iran) (represented by: B. Mettetal and C. Wucher-North, lawyers)

Defendant: Council (represented by: M. Bishop and G. Marhic, acting as Agents)

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

Re:

Annulment of, first, Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), in so far as the latter concerns the applicant, and, second, the ‘decision’ in the Council’s letter of 28 October 2010 concerning the applicant; and a declaration of inapplicability, as regards the applicant, of, first, Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2007 L 195, p. 39), as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), in so far as the latter concerns the applicant, second, Article 16(2) of Regulation No 961/2010 and, third, Article 20(1)(b) of Decision 2010/413.

Operative part of the judgment

The Court:

1. Annuls Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, as resulting from Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007, in so far as the latter concern Sina Bank;

2. Orders that the effects of Annex II to Decision 2010/413, as resulting from Decision 2010/644, be maintained in relation to Sina Bank until annulment of Annex VIII to Regulation No 961/2010 takes effect;

3. Dismisses the action as to the remainder;

4. Orders the Council to bear two thirds of the costs incurred by Sina Bank and two thirds of its own costs;

5. Orders Sina Bank to bear one third of its own costs and one third of the Council’s costs;

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

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 399/19

Judgment of the General Court of 13 November 2012 — Antrax It v OHIM — THC (Radiators for heating)

(Joined Cases T-83/11 and T-84/11) (1)

(Community design - Invalidity proceedings - Registered Community designs representing thermosiphons for the purposes of radiators for heating - Earlier design - Ground for invalidity - Lack of individual character - Overall impression not different - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - No scope for innovation - Obligation to state reasons)

2012/C 399/32

Language of the case: Italian

Parties

Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and A. Folliard-Monguiral initially, then A. Folliard-Monguiral and F. Mattina, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: The Heating Company (THC) (Dilsen, Belgium) (represented by: J. Haber, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 2 November 2010 (Cases R 1451/2009-3 and R 1452/2009-3) relating to invalidity proceedings between The Heating Company (THC) and Antrax It Srl.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 November 2010 (Cases R 1451/2009-3 and R 1452/2009-3) in so far as they declared invalid the designs Nos 000593959-0001 and 000593959-0002;

2. Dismisses the actions as to the remainder;

3. Orders OHIM, in addition to bearing its own costs, to pay the costs incurred by Antrax It Srl in the proceedings before the General Court;

4. Orders The Heating Company (THC), in addition to bearing its own costs before the General Court, to pay those incurred by Antrax It in the proceedings before the Board of Appeal.

(1) OJ C 113, 9.4.2011.