ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 304/18

Judgment of the General Court of 6 September 2013 — Good Luck Shipping v Council

(Case T-57/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Manifest error of assessment)

2013/C 304/31

Language of the case: English

Parties

Applicant: Good Luck Shipping LLC (Dubai, United Arab Emirates) (represented by: F. Randolph QC, M. Lester, Barrister, and M. Taher, Solicitor)

Defendant: Council of the European Union (represented by: V. Piessevaux and B. Driessen, Agents)

Re:

Application for annulment of, first, Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), second, Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11) and, third, Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), in so far as those provisions concern the applicant

Operative part of the judgment

The Court:

1. Annuls the following measures, in so far as they concern Good Luck Shipping LLC: — Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran; — Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran; — Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;

2. Orders that the effects of Decision 2011/783 be maintained as regards Good Luck Shipping until the annulment of Regulation No 267/2012 takes effect;

3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Good Luck Shipping.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 233/8

Judgment of the General Court of 3 July 2013 — Airbus v OHIM (NEO)

(Case T-236/12) (1)

(Community trade mark - Application for the Community word mark NEO - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Extent of the examination to be carried out by the Board of Appeal - Examination as to the merits conditional on the admissibility of the action - Articles 59 and 64(1) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation (EC) No 207/2009 - Examination of the facts by the Office of its own motion - Article 76 of Regulation (EC) No 207/2009)

2013/C 233/14

Language of the case: English

Parties

Applicant: Airbus SAS (France) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 February 2012 (Case R 1387/2011-1), concerning an application for registration of the word sign NEO as a Community trade mark

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 23 February 2012 (Case R 1387/2011-1) as regards the services in Class 39 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 9/23

Judgment of the General Court of 21 November 2013 — Equinix (Germany) v OHIM — Acotel (ancotel.)

(Case T-443/12) (1)

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

2014/C 9/37

Language of the case: German

Parties

Applicant: Equinix (Germany) GmbH, formerly ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Acotel SpA (Rome, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 1895/2011-4) relating to opposition proceedings between Acotel SpA and ancotel GmbH, now Equinix (Germany) GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Equinix (Germany) GmbH to pay the costs.

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 359/10

Judgment of the General Court of 23 October 2013 — Schulze v OHIM — GKL (Klassiklotterie)

(Case T-155/12) (1)

(Community design - Invalidity proceedings - Application for Community word mark Klassiklotterie - Earlier national word mark NKL-Klassiklotterie - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 359/16

Language of the case: German

Parties

Applicant: Hans Gerd Schulze (Hamburg, Germany) (represented by: K. Lodigkeit, lawyer)

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, intevener before the General Court: GKL Gemeinsame Klassenlotterie der Länder, formerly NKL Nordwestdeutsche Klassenlotterie (Hamburg) (represented by: S. Russlies, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2012 (Case R 600/2011-4) relating to invalidity proceedings between NKL Nordwestdeutsche Klassenlotterie and Mr Hans Gerd Schulze.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Hans Gerd Schulze to pay the costs.

(1) OJ C 165, 9.6.2012.
EN Official Journal of the European Union C 52/34

Judgment of the General Court of 15 January 2014 — Stols v Council

(Case T-95/12) (1)

(Appeal - Civil service - Officials - Promotion - 2007 promotion procedure - Decision not to promote the interested party to grade AST 11 - Comparison of merits - Review by the court of the manifest error of assessment)

2014/C 52/61

Language of the case: French

Parties

Appellant: Willem Stols (Halsteren, Netherlands) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Council of the European Union (represented by: M. Bauer and A. Jensen, acting as Agents)

Re:

Appeal brought against the judgment delivered by the Civil Service Tribunal (First Chamber) on 13 December 2011 in Case F-51/08 RENV, not yet published, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Willem Stols to bear his own costs and to pay the costs incurred by the Council of the European Union in the context the appeal proceedings.

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 31/10

Judgment of the General Court of 11 December 2013 — Smartbook v OHIM (SMARTBOOK)

(Case T-123/12) (1)

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

2014/C 31/16

Language of the case: German

Parties

Applicant: Smartbook AG (Offenburg, Germany) (represented by: C. Milbradt, A. Schwarz and F. Reiling, lawyers)

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

Intervener in support of the defendant: Qualcomm, Inc. (Dover, Delaware, United States) (represented by: A. Renck, A. Leister and V. von Bomhard, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 December 2011 (Case R 799/2011-2), concerning an application for registration of the word sign SMARTBOOK as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Smartbook AG to pay the costs.

(1) OJ C 157, 2.6.2012.
EN Official Journal of the European Union C 102/35

Judgment of the General Court of 26 February 2014 — Sartorius Lab Instruments v OHIM (Representation of a yellow curve)

(Case T-331/12) (1)

((Community trade mark - Application for a Community trade mark consisting of a representation of a yellow curve at the bottom edge of an electronic display unit - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009))

2014/C 102/55

Language of the case: German

Parties

Applicant: Sartorius Lab Instruments GmbH & CO. KG (Göttingen, Germany), given leave to replace Sartorius Weighing Technology GmbH (represented by: K. Welkerling, lawyer)

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

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 May 2012 (Case R 1783/2011-1), concerning an application for registration of a sign composed of a yellow curve at the bottom edge of an electronic display unit as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Sartorius Lab Instruments GmbH & Co. KG to pay the costs.

(1) OJ C 287, of 22.9.2012.
Official Journal of the European Union

Judgment of the General Court of 23 January 2014 — Coppenrath-Verlag v OHIM — Sembella (Rebella)

(Case T-551/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Rebella - Earlier Community word mark SEMBELLA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 - Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)

(2014/C 71/34)

Language of the case: German

Parties

Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sembella GmbH (Timelkam, Austria)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 October 2012 (Case R 1681/2011-2) relating to opposition proceedings between Sembella GmbH and Coppenrath-Verlag GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Coppenrath-Verlag GmbH & Co. KG to pay the costs.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 175/37

Judgment of the General Court of 9 April 2014 — Greece v Commission

(Case T-150/12) (1)

((State aid - Interest-free loans, accompanied by a State guarantee, granted by the Greek authorities to cereal-collecting agricultural cooperatives - Decision declaring the aid incompatible with the internal market - Obligation to state reasons - Advantage - Aid to remedy a serious disturbance in the economy of a Member State))

2014/C 175/48

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: Ι. Chalkias, X. Basakou and Α. Vasilopoulou)

Defendant: European Commission (represented initially by S. Thomas and D. Triantafyllou, and subsequently by M. Triantafyllou and P. Němečkova, acting as Agents)

Re:

Application for annulment of Commission Decision 2012/320/EU of 25 January 2012 concerning aid granted by Greece to cereal-producing farmers and cereal-collecting cooperatives (OJ L 164, p. 10).

Operative part of the judgment

1. The application is rejected.

2. The Hellenic Republic is ordered to pay the costs.

(1) OJ C 184, 23. 6. 2012.
EN Official Journal of the European Union C 142/33

Judgment of the General Court of 25 March 2014 — Deutsche Bank v OHIM (Passion to Perform)

(Case T-291/12) (1)

((Community trade mark - International registration designating the European Union - Word mark Passion to Perform - Trade mark consisting of an advertising slogan - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Equal treatment))

2014/C 142/41

Language of the case: English

Parties

Applicant: Deutsche Bank AG (Frankfurt on Main, Germany) (represented by: R. Lange, T. Götting and G. Hild, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 April 2012 (Case R 2233/2011-4) concerning an application for registration of word sign Passion to Perform as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Bank AG to pay the costs.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 235/14

Judgment of the General Court of 4 June 2014 — Sina Bank v Council

(Case T-67/12) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Measures against which no action may be brought - Inadmissibility - Rights of the defence))

2014/C 235/18

Language of the case: English

Parties

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

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

Re:

APPLICATION for annulment, first, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), in so far as it maintained, after review, the listing of the applicant’s name in 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 2010 L 195, p. 39), as amended by Council Decision 2010/644/CFSP of 25 October 2010 (OJ 2010 L 281, p. 81), and of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), in so far as it maintained, after review, the listing of the applicant’s name in 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), and, secondly, of Article 16(2) of Regulation No 961/2010 and of Article 19(1)(b) and Article 20(1)(b) of Decision 2010/413, in so far as those provisions concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action as having been brought before a court that has no jurisdiction to hear it, in so far as it seeks annulment of Article 19(1)(b) and Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, and as being inadmissible, in so far as it seeks annulment of Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007;

2. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 concerning restrictive measures against Iran, and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 on restrictive measures against Iran, in so far as those measures maintained, after review, the name of Sina Bank in Annex II to Decision 2010/413, as amended by Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413, and in Annex VIII to Regulation No 961/2010, respectively;

3. Orders the Council of the European Union to bear four fifths of its own costs and to pay four fifths of the costs of Sina Bank;

4. Orders Sina Bank to bear one fifth of its own costs and to pay one fifth of the Council’s costs.

(1) OJ C 109, 14.4.2012.
1.

Declares that there is no need to adjudicate on the lawfulness of Commission Decision 2012/160/EU of 1 March 2012 concerning the national provisions notified by the German Federal Government maintaining the limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys beyond the entry into application of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, in so far as it concerns barium;
EN Official Journal of the European Union C 292/36

Judgment of the General Court of 16 July 2014 — Zweckverband Tierkörperbeseitigung v Commission

(Case T-309/12) (1)

((State aid - Animal carcass and slaughter waste disposal services - Maintaining epidemic reserve capacity - Decision declaring aid to be incompatible with the internal market - ‘Undertaking’ - Advantage - Service of general economic interest - Compensation relating to a public service obligation - Effect on trade between Member States and distortion of competition - Existing aid or new aid - Need for aid - Subsidiarity - Legitimate expectations - Legal certainty - Proportionality))

2014/C 292/43

Language of the case: German

Parties

Applicant: Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg (Rivenich, Germany) (represented by: A. Kerkmann, lawyer)

Defendant: European Commission (represented initially by V. Kreuschitz and T. Maxian Rusche and subsequently by T. Maxian Rusche and C. Egerer, Agents)

Interveners in support of the defendant: Saria Bio-Industries AG & Co. KG (Selm, Germany); SecAnim GmbH (Lünen, Germany); and Knochen- und Fett-Union GmbH (KFU) (Selm) (represented by: U. Karpenstein and C. Johann, lawyers)

Re:

Action for annulment of Commission Decision 2012/485/EU of 25 April 2012 on State aid SA.25051 (C 19/10) (ex NN 23/10) granted by Germany to the Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg (OJ 2012 L 236, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg to bear its own costs relating to the main proceedings and to pay the costs incurred by the European Commission;

3. Orders Saria Bio-Industries AG & Co. KG, SecAnim GmbH and Knochen- und Fett-Union GmbH (KFU) to bear their own costs relating to the main proceedings;

4. Orders the Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg to bear the costs relating to the application for interim measures.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 282/27

Judgment of the General Court of 9 July 2014 — Moonich Produktkonzepte & Realisierung v OHIM — Thermofilm Australia (HEATSTRIP)

(Case T-184/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark HEATSTRIP - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 - Articles 75 and 76 of Regulation No 207/2009))

2014/C 282/34

Language of the case: German

Parties

Applicant: Moonich Produktkonzepte & Realisierung GmbH (Sauerlach b. München, Germany) (represented by: H. Pannen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Thermofilm Australia Pty Ltd (Melbourne, Australia) (represented by: J. Kroher and K. Bach, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 1956/2010-1), relating to opposition proceedings between Thermofilm Australia Pty Ltd and Moonich Produktkonzepte & Realisierung GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Moonich Produktkonzepte & Realisierung GmbH to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Thermofilm Australia Pty Ltd.

(1) OJ C 200, 7.7.2012.
Official Journal of the European Union

Judgment of the General Court of 30 September 2014 — Scooters India v OHIM — Brandconcern (LAMBRETTA)

(Case T-51/12) (1)

((Community trade mark - Revocation proceedings - Community word mark LAMBRETTA - Genuine use of the mark - Partial revocation - Article 51(2) of Regulation (EC) No 207/2009))

(2014/C 395/40)

Language of the case: English

Parties

Applicant: Scooters India Ltd (Lucknow, India) (represented by: B. Brandreth, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Brandconcern BV (Amsterdam, Netherlands) (represented by: G. Casucci, N. Ferreti and C. Galli, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 December 2011 (Case R 2312/2010-1), relating to revocation proceedings between Brandconcern BV and Scooters India Ltd

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 1 December 2011 (Case R 2312/2010-1);

2. Orders OHIM to bear its own costs and to pay those incurred by Scooters India Ltd, including those incurred for the purposes of the proceedings before the Board of Appeal;

3. Orders Brandconcern BV to bear its own costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 388/12

Judgment of the General Court of 18 September 2014 — Holcim (Romania) v Commission

(Case T-317/12) (1)

((Non-contractual liability - Scheme for greenhouse gas emission allowance trading - Liability for fault - Commission’s refusal to disclose information on and to prohibit all transactions involving emission allowances allegedly stolen - Sufficiently serious breach of a rule of law conferring rights on individuals - Strict liability))

2014/C 388/13

Language of the case: English

Parties

Applicant: Holcim (Romania) SA (Bucharest, Romania) (represented by: L. Arnauts, lawyer)

Defendant: European Commission (represented by: K. Mifsud-Bonnici and E. White, Agents)

Re:

First, an application, based on liability for fault, seeking compensation for the damage allegedly sustained by the applicant because of the Commission’s refusal to disclose to it information concerning greenhouse gas emission allowances allegedly stolen from it and to prohibit all transactions involving those allowances and, secondly, an application for damages on the basis of strict liability.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Holcim (Romania) SA to bear its own costs and to pay the costs of the European Commission.

(1) OJ C 287, 22.9.2012.