ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — Xinyi PV Products (Anhui) Holdings v Commission

(Case T-586/14 RENV) (1)

(Dumping - Imports of solar glass originating in China - Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) - Market economy treatment - Concept of ‘significant distortion in the production costs and financial situation of firms’ - Tax incentives - Manifest error of assessment)

(2019/C 413/45)

Language of the case: English

Parties

Applicant: Xinyi PV Products (Anhui) Holdings Ltd (Anhui, China) (represented by: Y. Melin, lawyer)

Defendant: European Commission (represented by: L. Flynn and T. Maxian Rusche, acting as Agents)

Interverner in support of the defendant: GMB Glasmanufaktur Brandenburg GmbH (Tschernitz, Germany) (represented by: R. MacLean, Solicitor)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ 2014 L 142, p. 1; corrigendum OJ 2014 L 253, p. 4).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China;

2. Orders the European Commission to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings Ltd, with the exception of those relating to the intervention;

3. Orders GMB Glasmanufaktur Brandenburg GmbH to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings relating to its intervention.

(1) OJ C 372, 20.10.2014.
Judgment of the General Court of 12 December 2018 — Mylan Laboratories and Mylan v Commission

(Case T-682/14) (1)

((Competition - Agreements, decisions and concerted practices - Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Article 101 TFEU - Patent dispute settlement agreement - Potential competition - Restriction of competition by object - Balance between competition law and patent law - Imputation of the unlawful conduct - Fines))

(2019/C 82/29)

Language of the case: English

Parties

Applicants: Mylan Laboratories Ltd (Hyderabad, India) and Mylan, Inc. (Canonsburg, Pennsylvania, United States) (represented by S. Kon, C. Firth and C. Humpe, Solicitors)

Defendant: European Commission (represented initially by F. Castilla Contreras, T. Vecchi, and B. Mongin and subsequently by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by S. Kingston, Barrister-at-law)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 4955 final of 9 July 2014 relating to a proceeding under Article 101 and Article 102 TFEU [Case AT.39612 — Perindopril (Servier)] in so far as it concerns the applicants and, in the alternative, for annulment or reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mylan Laboratories Ltd and Mylan, Inc. to pay the costs.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 48/49

Judgment of the General Court of 15 December 2015 — Shoe Branding Europe v OHIM (two parallel stripes on pants)

(Case T-64/15) (1)

((Community trade mark - Application for a Community trade mark consisting of two parallel stripes on pants - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 048/56)

Language of the case: English

Parties

Applicant: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by: J. Løje, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by P. Geroulakos, and subsequently by D. Gája, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 3 December 2014 (Case R 2563/2013-5), concerning an application for registration of a sign consisting of two parallel stripes on pants as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Shoe Branding Europe BVBA to pay the costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 191/27

Judgment of the General Court of 14 April 2016 — Henkell & Co. Sektkellerei v EUIPO — Ciacci Piccolomini d’Aragona di Bianchini (PICCOLOMINI)

(Case T-20/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark PICCOLOMINI - Earlier EU word mark PICCOLO - No genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009))

(2016/C 191/34)

Language of the case: English

Parties

Applicant: Henkell & Co. Sektkellerei KG (Wiesbaden, Germany) (represented by: J. Flick, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Kusturovic and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ciacci Piccolomini d’Aragona di Bianchini Società Agricola (Milan, Italy) (represented by F. Cecchi, P. Pozzi and F. Ghisletti Giovanni, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 31 October 2014 (Case R 2265/2013-1), relating to opposition proceedings between Henkell & Co. Sektkellerei KG and Ciacci Piccolomini d’Aragona di Bianchini Società Agricola.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Henkell & Co. Sektkellerei KG to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Ciacci Piccolomini d’Aragona di Bianchini Società Agricola.

(1) OJ C 89, 16.3.2015.
EN Official Journal of the European Union C 145/27

Judgment of the General Court of 10 March 2016 — LG Developpement v OHIM — Bayerische Motoren Werke (MINICARGO)

(Case T-160/15) (1)

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

(2016/C 145/34)

Language of the case: English

Parties

Applicant: LG Developpement (Baud, France) (represented by: A. Sion, lawyer)

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, intervener before the General Court: Bayerische Motoren Werke AG (Munich, Germany) (represented by: R. Delorey, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 January 2015 (Case R 596/2014-4), relating to opposition proceedings between Bayerische Motoren Werke AG and LG Developpement.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LG Developpement to pay the costs.

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 243/30

Judgment of the General Court of 25 May 2016 — Ice Mountain Ibiza v EUIPO — Marbella Atlantic Ocean Club (ocean beach club ibiza)

(Case T-5/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark ocean beach club ibiza - Earlier national figurative marks OC ocean club and OC ocean club Ibiza - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009))

(2016/C 243/31)

Language of the case: Spanish

Parties

Applicant: Ice Mountain Ibiza, SL (San Antonio, Spain) (represented by: J. L. Gracia Albero, F. Miazzetto and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Marbella Atlantic Ocean Club, SL (Puerto Banús, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2014 (Case R 2292/2013-1) relating to opposition proceedings between Marbella Atlantic Ocean Club and Ice Mountain Ibiza

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ice Mountain Ibiza, SL to pay the costs.

(1) OJ C 73, 2.3.2015.
Official Journal of the European Union

Judgment of the General Court of 3 May 2016 — Laboratorios Ern v EUIPO — Werner (Dynamic Life)

(Case T-454/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Dynamic Life - Earlier national word mark DYNAMIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 222/20)

Language of the case: English

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: M. Pérez Serres, R. Guerras Mazón, S. Correa Rodríguez and T. González Martínez, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Matthias Werner (Neufahrn, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 May 2015 (Case R 441/2014-4), relating to opposition proceedings between Laboratorios Ern and Mr Werner.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laboratorios Ern, SA, to pay the costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 314/22

Judgment of the General Court of 14 July 2016 — Monster Energy v EUIPO — Mad Catz Interactive (MAD CATZ)

(Case T-429/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark MAD CATZ - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 314/30)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mad Catz Interactive, Inc. (San Diego, California, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 May 2015 (Case R 2176/2014-4), concerning opposition proceedings between Monster Energy Company and Mad Catz Interactive.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monster Energy Company to pay the costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 270/41

Judgment of the General Court of 14 June 2016 — Loops v EUIPO (Shape of a toothbrush)

(Case T-385/15) (1)

((EU trade mark - International registration designating the European Union - Three-dimensional mark - Shape of a toothbrush - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 270/46)

Language of the case: English

Parties

Applicant: Loops, LLC (Dover, Delaware, United States) (represented by: T. Schmidpeter, lawyer)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek and A. Schifko, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 30 April 2015 (Case R 1917/2014-2), concerning an application for registration of a three-dimensional sign consisting of the shape of a toothbrush as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Loops, LLC, to pay the costs.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 392/40

Judgment of the General Court of 9 September 2016 — De Esteban Alonso v Commission

(Case T-557/15 P) (1)

((Appeal - Civil service - Article 24 of the Staff Regulations - Request for assistance - Criminal proceedings before a national court - Decision of the institution to become a civil party - Action at first instance dismissed as manifestly unfounded - Procedural irregularities - Conditions for the application of Article 24 of the Staff Regulations))

(2016/C 392/52)

Language of the case: French

Parties

Appellant: Fernando De Esteban Alonso (Saint-Martin-de-Seignanx, France) (represented by: C. Huglo, lawyer)

Other party to the proceedings: European Commission (represented initially by J. Currall and C. Ehrbar and subsequently by C. Ehrbar and G. Berscheid, acting as Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Third Chamber) of 15 July 2015 in De Esteban Alonso v Commission (F-35/15, EU:F:2015:87), seeking to have that order set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Fernando De Esteban to bear his own costs and to pay those incurred by the European Commission in the present appeal proceedings.

(1) OJ C 371, 9.11.2015.
EN Official Journal of the European Union C 392/37

Judgment of the General Court of 13 September 2016 — Perfetti Van Melle Benelux v EUIPO — PepsiCo (3D)

(Case T-390/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark 3D - Earlier EU word and figurative marks 3D’S and 3D’s - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No (EC) No 207/2009))

(2016/C 392/47)

Language of the case: English

Parties

Applicant: Perfetti Van Melle Benelux BV (Breda, Netherlands) (represented by: P. Testa, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PepsiCo, Inc. (New York, New York, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 May 2015 (Case R 465/2014-5), relating to opposition proceedings between PepsiCo and Perfetti Van Melle Benelux.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Perfetti Van Melle Benelux BV to pay the costs.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 410/19

Judgment of the General Court of 22 September 2016 — Weissenfels v Parliament

(Case T-684/15 P) (1)

((Appeal - Civil service - Officials - Non-contractual liability - Impartiality on the part of the Civil Service Tribunal - Personal data))

(2016/C 410/26)

Language of the case: German

Parties

Appellant: Roderich Weissenfels (Freiburg im Breisgau, Germany) (represented by G. Maximini, lawyer)

Other party to the proceedings: European Parliament (represented by: J. Steele and S. Seyr, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 24 September 2015 in Weissenfels v Parliament (F-92/14, EU:F:2015:110), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Roderich Weissenfels to pay the costs.

(1) OJ C 59, 15.2.2016.
EN Official Journal of the European Union C 410/14

Judgment of the General Court of 22 September 2016 — Grupo de originación y análisis v EUIPO — Bankinter (BK PARTNERS)

(Case T-228/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark BK PARTNERS - Earlier national word and figurative mark bk. - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 410/17)

Language of the case: Spanish

Parties

Applicant: Grupo de originacion y análisis, SL (Madrid, Spain) (represented by: A. Burgueño Minguela and H. Pequerul Palenciano, lawyers)

Defendant: European Union Intellectual Property Office (represented by: B. Uriarte Valiente and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bankinter, SA (Madrid) (represented by: A. Gómez López, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 5 March 2015 (Case R 1329/2014-1), relating to opposition proceedings between Bankinter and Grupo de originación y análisis.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Grupo de originación y análisis, SL to pay the costs.

(1) OJ C 213, 29.6.2015.
Official Journal of the European Union

Judgment of the General Court of 20 October 2016 — Czech Republic v Commission

(Case T-141/15) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Protection of vineyards - Expenditure incurred by the Czech Republic - Legal certainty - Legitimate expectations))

(2016/C 454/42)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek, J. Očková, J. Vláčil and L. Březinová, acting as Agents)

Defendant: European Commission (represented by: B. Eggers and P. Ondrůšek, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2015, L 16, p. 33), in so far as it excludes the expenditure envisaged by the Czech Republic under EAGF for a degree of protection of vineyards for the years 2010 to 2012, coming to a total of EUR 2 123 199,04.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Czech Republic to pay the costs.

(1) OJ C 213, 29.6.2015.
EN Official Journal of the European Union C 419/40

Judgment of the General Court of 5 October 2016 — CJ v ECDC

(Case T-370/15) (1)

((Appeal - Civil service - Member of the contract staff - Fixed-term contract - Termination - Breakdown in the relationship of trust - Right to be heard))

(2016/C 419/52)

Language of the case: English

Parties

Appellant: CJ (Agios Stefanos, Greece) (represented by: V. Kolias, lawyer)

Other party to the proceedings: European Centre for Disease Prevention and Control (ECDC) (represented by: J. Mannheim and A. Daume, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015, CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38), seeking to have that judgment set aside in part

Operative part of the judgment

The Court:

1. Dismisses the appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015 in CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38) so far as that appeal concerns Case F-159/12;

2. Declares that CJ shall bear his own costs and orders him to pay those incurred by the European Centre for Disease Prevention and Control (ECDC) in the present proceedings, in so far as those costs relate to Case F-159/12;

3. Sets aside points 3 and 5 of the operative part of the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 April 2015 in CJ v ECDC (F-159/12 and F-161/12, EU:F:2015:38);

4. Refers the present case, in so far as it concerns Case F-161/12, to a chamber other than that which has ruled on the present appeal;

5. Reserves the costs relating to the present proceedings in so far as they relate to Case F-161/12.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 22/28

Judgment of the General Court of 24 November 2016 — Azur Space Solar Power v EUIPO (Representation of black lines and bricks)

(Case T-614/15) (1)

((EU trade mark - International registration designating the European Union - Figurative mark representing black lines and bricks - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2017/C 022/37)

Language of the case: English

Parties

Applicant: Azur Space Solar Power GmbH (Heilbronn, Germany) (represented by: J. Nicodemus and S. Stöcker, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 September 2015 (Case R 3233/2014-4), concerning the international registration designating the European Union of a figurative mark representing black lines and bricks.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Azur Space Solar Power GmbH to pay the costs.

(1) OJ C 38, 1.2.2016
EN Official Journal of the European Union C 462/18

Judgment of the General Court of 26 October 2016 — Kaddour v Council

(Case T-155/15) (1)

((Common Foreign and Security Policy - Restrictive measures taken against Syria - Freezing of funds - Annulment of prior measures by a judgment of the General Court - New measures including the applicant's name on the lists - Action for annulment - Article 76(d) of the Rules of Procedure - Content of the application - Admissibility - Obligation to state reasons - Burden of proof - Right to property - Freedom to conduct a business))

(2016/C 462/22)

Language of the case: French

Parties

Applicant: Khaled Kaddour (Damascus, Syria) (represented: initially by A. Boesch, D. Amaudruz, M. Ponsard, lawyers, V. Davies, Solicitor, and T. Eicke, QC, then by V. Davies, T. Eicke and V. Wilkinson, Solicitor)

Defendant: Council of the European Union (represented by: G. Étienne and S. Kyriakopoulou, acting as Agents)

Re:

Action brought on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision 2015/117/CFSP of 26 January 2015 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015, L 20, p. 85), and of Council Implementing Regulation (EU) 2015/108 of 26 January 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015, L 20, p. 2), in so far as the name of the applicant is included in the list of persons and entities subject to the restrictive measures.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Mr Khaled Kaddour to bear his own costs and those incurred by the Council of the European Union in the context of the present proceedings and the proceedings for an interim order.

(1) OJ C 190, 8.6.2015.
EN Official Journal of the European Union C 38/32

Judgment of the General Court of 15 December 2016 — Intesa Sanpaolo v EUIPO (START UP INITIATIVE)

(Case T-529/15) (1)

((EU trade mark - Application for EU figurative mark START UP INITIATIVE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2017/C 038/43)

Language of the case: Italian

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and F. Braga, lawyers)

Defendant: European Union Intellectual Property Office (represented initially by P. Bullock, and subsequently by L. Rampini, acting Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 29 June 2015 (Case R 2777/2014-1), concerning an application for registration of the figurative sign START UP INITIATIVE as a European Union trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Intesa Sanpaolo SpA to pay the costs.

(1) OJ C 371, 9.11.2015.