ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 194/20

Judgment of the General Court of 15 May 2012 — Ewald v OHIM — Kin Cosmetics (Keen)

(Case T-280/11) (1)

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

2012/C 194/33

Language of the case: German

Parties

Applicant: Rita Ewald (Frauenwald, Germany) (represented by: S. Reinhardt, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Kin Cosmetics, S.A. (Sant Feliu de Guixols, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1383/2010-1), relating to opposition proceedings between Kin Cosmetics, S.A. and Ms Rita Ewald

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Ms Rita Ewald to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 366/32

Judgment of the General Court of 10 October 2012 — Wessang v OHIM — Greinwald (star foods)

(Case T-333/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark star foods - Earlier Community word and figurative marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 366/63

Language of the case: German

Parties

Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, 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, intervener before the Court: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz and C. Onken, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2011 (Case R 1837/2010-4) relating to opposition proceedings between Mr Nicolas Wessang and Greinwald 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 15 April 2011 (Case R 1837/2010-4) in relation to goods falling within Classes 29, 30 and, with the exception of ‘beers’, within Class 32 within the meaning 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 OHIM to bear its own costs and three-quarters of the costs of Mr Nicolas Wessang;

4. Orders Mr Wessang to bear one-quarter of his own costs;

5. Orders Greinwald GmbH to bear its own costs.

(1) OJ C 269, 10.9.2011.
Official Journal of the European Union

Judgment of the General Court of 18 September 2012 — Since Hardware (Guangzhou) v Council

(Case T-156/11) (1)

(Dumping - Imports of ironing boards originating in China - Proceeding initiated against a single company - Market economy treatment - Three-month time-limit provided for in the second indent of Article 2(7)(c) of Regulation (EC) No 1225/2009 - Burden of proof - Determination of injury)

(2012/C 331/37)

Language of the case: French

Parties

Applicant: Since Hardware (Guangzhou) Co., Ltd (Canton, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Interveners in support of the defendant: European Commission (represented by: S. Thomas and H. van Vliet, acting as Agents), Vale Mill (Rochdale) Ltd, (Rochdale, United Kingdom) and Colombo New Scal SpA, (Rovagnate, Italy) (represented by: G. Berrisch, lawyer, and N. Chesaites, Barrister)

Re:

Application for annulment of Council Implementing Regulation (EU) No 1243/2010 of 20 December 2010 imposing a definitive anti-dumping duty on imports of ironing boards originating in the People’s Republic of China produced by the Since Hardware (Guangzhou) Co., Ltd (OJ 2010 L 338, p. 22).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Since Hardware (Guangzhou) Co., Ltd to bear its own costs and to pay the costs incurred by the Council of the Euorpean Union, Vale Mill (Rochdale) Ltd and Colombo New Scal SpA.

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

(1) OJ C 120, 16.4.2011.
EN Official Journal of the European Union C 38/20

Judgment of the General Court of 13 December 2012 — Strack v Commission

(Case T-199/11 P) (1)

(Appeal - Civil Service - Officials - Articles 17, 17a, 19 and 90(1) of the Staff Regulations - Application for authorisation to disclose documents - Application for authorisation to publish a text - Application for authorisation to use findings before national judicial authorities - Inadmissibility of the action at first instance - No act adversely affecting an official - Article 90(a) of the Rules of Procedure)

2013/C 38/33

Language of the case: German

Parties

Appellant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

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

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 20 January 2011 in Case F-132/07 Strack v Commission (2011) ECR-SC I-A-1-0000 and II-A-1-0000 and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Guido Strack to bear his own costs and to pay those incurred by the European Commission;

3. Orders Mr Strack to pay the Civil Service Tribunal EUR 2 000 in order to reimburse part of the costs which that latter had to incur.

(1) OJ C 232, 6.8.2011.
EN Official Journal of the European Union C 9/36

Judgment of the General Court of 21 November 2012 — Atlas v OHIM — Couleurs de Tollens (ARTIS)

(Case T-558/11) (1)

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

2013/C 9/63

Language of the case: English

Parties

Applicant: Atlas sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, 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, intervener before the General Court: Couleurs de Tollens (Clichy, France) (represented by J.-G. Monin, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 July 2011 (Case R 1253/2010-1), relating to opposition proceedings between Couleurs de Tollens-Agora and Atlas sp. z o.o.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Atlas sp. z o.o. to pay the costs, including those incurred by Couleurs de Tollens during the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 13, 14.1.2012.
EN Official Journal of the European Union C 79/17

Judgment of the General Court of 4 February 2013 — Hartmann v OHIM — Protecsom (DIGNITUDE)

(Case T-504/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark DIGNITUDE - Earlier national and Community word marks Dignity - Relative ground for refusal - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 79/31

Language of the case: English

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: N. Aicher, 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: Protecsom SAS (Valognes, France)

Re:

Action brought against the decision of the Fourth Chamber of Appeal of OHIM of 28 July 2011 (Case R 1197/2010-4), relating to opposition proceedings between Paul Hartmann AG and Protecsom SAS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Paul Hartmann AG to pay the costs.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 55/11

Judgment of the General Court of 16 January 2013 — Spectrum Brands (UK) v OHIM — Philips (STEAM GLIDE)

(Case T-544/11) (1)

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

2013/C 55/19

Language of the case: English

Parties

Applicant: Spectrum Brands (UK) Ltd (Manchester, United Kingdom) (represented by: S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: D. Botis, subsequently by G. Schneider and, finally, by G. Schneider and A. Folliard-Monguiral, Agents)

Other party to the proceedings intervening before the Board of Appeal of OHIM: Koninklijke Philips Electronics NV (Eindhoven, Netherlands) (represented by: L. Alonso Domingo, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 July 2011 (Case R 1289/2010-1), concerning invalidity proceedings between Koninklijke Philips Electronics NV and Spectrum Brands (UK) Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Spectrum Brands (UK) Ltd to pay, in addition to its own costs, the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Koninklijke Philips Electronics NV.

(1) OJ C 6, 7.1.2012.
EN Official Journal of the European Union C 147/18

Judgment of the General Court of 10 April 2013 — IPK International v Commission

(Case T-671/11) (1)

(Financial assistance for an ecological tourism project - Repayment of the amounts recovered - Decision taken following the annulment by the General Court of the earlier decision cancelling the assistance - Compensatory interest - Default interest - Calculation)

2013/C 147/32

Language of the case: German

Parties

Applicant: IPK International — World Tourism Marketing Consultants GmbH (Munich, Germany) (represented by: C. Pitschas, lawyer)

Defendant: European Commission (represented by: F. Dintilhac, G. Wilms and G. Zavvos, acting as Agents)

Re:

Application for partial annulment of the Commission’s decision of 14 October 2011 (ENTR/R1/HHO/lsa — entre.r.l(2011)1183091) to pay to the applicant a total amount of EUR 720 579,90, including the sum of EUR 158 618,27 by way of compensatory interest

Operative part of the judgment

The Court:

1. Annuls the Commission’s decision of 14 October 2011 (ENTR/R1/HHO/lsa — entre.r.l(2011)1183091) in so far as it limits the amount of interest to be paid to IPK International — World Tourism Marketing Consultants GmbH to EUR 158 618,27;

2. Orders the European Commission to pay the costs.

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 79/13

Judgment of the General Court of 31 January 2013 — Present-Service Ullrich v OHIM — Punt-Nou (babilu)

(Case T-66/11) (1)

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

2013/C 79/22

Language of the case: English

Parties

Applicant: Present-Service Ullrich GmbH & Co. KG (Erlangen, Germany) (represented by: A. Graf von Kalckreuth and I. Stein, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Punt-Nou, SL (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2010 (Case R 773/2010-2), concerning opposition proceedings between Punt-Nou, SL and Present Service Ullrich GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Present-Service Ullrich GmbH & Co. KG to pay the costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 171/27

Judgment of the General Court of 30 April 2013 — Boehringer Ingelheim International v OHIM (RELY-ABLE)

(Case T-640/11) (1)

(Community trade mark - International registration designating the European Community - Word mark RELY-ABLE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Ground included for sake of completeness)

2013/C 171/52

Language of the case: English

Parties

Applicant: Boehringer Ingelheim International GmbH (Ingelheim am Rhein, Germany) (represented by: V. von Bomhard, A. Renck and C. Steudtner, lawyers)

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 30 September 2011 (Case R 756/2011-4) concerning the international registration designating the European Community of the word sign RELY-ABLE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Boehringer Ingelheim International GmbH to pay the costs.

(1) OJ C 58, 25.2.2012.
EN Official Journal of the European Union C 156/42

Judgment of the General Court of 19 April 2013 — Hultafors Group AB v OHIM — Società Italiana Calzature (Snickers)

(Case T-537/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Snickers - Earlier national word mark KICKERS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 156/77

Language of the case: English

Parties

Applicant: Hultafors Group AB (Bollebygd, Sweden) (represented by: A. Rasmussen and T. Swanstrøm, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Società Italiana Calzature SpA (Milan, Italy) (represented by: G. Cantaluppi, A. Rapisardi and C. Ginevra, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2011 (Case R 2519/2010-4) relating to opposition proceedings between Società Italiana Calzature SpA and Hultafors Group AB

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hultafors Group AB to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Società Italiana Calzature SpA in the proceedings before the General Court, and the costs incurred by Società Italiana Calzature SpA for the purposes of the proceedings before the Board of Appeal.

(1) OJ C 362, 10.12.2011.
EN Official Journal of the European Union C 225/70

Judgment of the General Court of 27 June 2013 — International Engine Intellectual Property Company v OHIM (PURE POWER)

(Case T-248/11) (1)

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

2013/C 225/154

Language of the case: English

Parties

Applicant: International Engine Intellectual Property Company, LLC (Warrenville, Illinois, United States) (represented by: C. Thomas and B. Reiter, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 February 2011 (Case R 2310/2010-2), relating to an application for registration of the word sign PURE POWER as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 211, 16.7.2011.
EN Official Journal of the European Union C 189/19

Judgment of the General Court of 16 May 2013 — Canga Fano v Council

(Case T-281/11 P) (1)

(Appeal - Civil service - Officials - Promotion - 2009 promotion procedure - Decision not to promote the applicant to grade AD 13 - Comparison of merits - Review by the court of the manifest error of assessment)

2013/C 189/36

Language of the case: French

Parties

Appellant: Diego Canga Fano (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Council of the European Union (represented by: M. Bauer and J. Herrmann, Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (First Chamber) of 24 March 2011 in Case F-104/09 Canga Fano v Council, not yet published in the ECR, and seeking that that judgment be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Diego Canga Fano to bear his own costs and to pay those incurred by the Council of the European Union in these proceedings.

(1) OJ C 238, 13.8.2011.
1.

Annuls the following measures in so far as they concern Export Development Bank of Iran: — 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 amended by Council Decision 2010/644/CFSP of 25 October 2010, and subsequently by Council Decision 2011/783/CFSP of 1 December 2011; — Decision 2010/644; — 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, as amended by Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010; — Decision 2011/783; — Implementing Regulation No 1245/2011; — Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010;
EN Official Journal of the European Union C 225/73

Judgment of the General Court of 12 June 2013 — MPDV Mikrolab v OHIM (Lean Performance Index)

(Case T-598/11) (1)

(Community Trade mark - Application for Community word mark Lean Performance Index - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2013/C 225/162

Language of the case: German

Parties

Applicant: MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor (Mosbach, Germany) (represented by: W. Göpfert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: G. Marten and R. Pethke, Agents)

Objet

Appeal against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 131/2011-1) concerning an application for registration of the word mark Lean Performance Index as a Community trade mark.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders MPDV Mikrolab GmbH to pay the costs.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 336/19

Judgment of the General Court of 16 September 2013 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmacéuticos Rovi (ROVI Pharmaceuticals)

(Case T-97/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ROVI Pharmaceuticals - Earlier Community figurative mark ROVI and earlier national word mark ROVIFARMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Equal treatment)

2013/C 336/37

Language of the case: English

Parties

Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, 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: Laboratorios Farmacéuticos Rovi, SA (Madrid, Spain) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 December 2010 (Case R 500/2010-2), relating to opposition proceedings between Laboratorios Farmacéuticos Rovi, SA and Rovi Pharmaceuticals GmbH

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rovi Pharmaceuticals GmbH to pay the costs, including those incurred by Laboratorios Farmacéuticos Rovi, SA in the proceedings before the Board of Appeal.

(1) OJ C 120, 16.4.2011.
EN Official Journal of the European Union C 313/24

Judgment of the General Court of 13 September 2013 — Anbouba v Council

(Case T-563/11) (1)

(Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Burden of proof - Manifest error of assessment - Rights of defence - Obligation to state reasons - Procedure by default - Application to intervene - No need to adjudicate)

2013/C 313/48

Language of the case: French

Parties

Applicant: Issam Anbouba (Homs, Syria) (represented by: M.-A. Bastin, J.-M. Salva and J.-N. Louis, lawyers)

Defendant: Council of the European Union (represented: initially by R. Liudvinaviciute-Cordeiro and M.-M. Joséphidès, then R. Liudvinaviciute-Cordeiro and A. Vitro, Agents)

Re:

First, application for annulment of Council Decision 2011/522/CFSP of 2 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 228, p. 16), of Council Decision 2011/628/CFSP of 23 September 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria (OJ 2011 L 247, p. 17), of Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP (OJ 2011 L 319, p. 56), of Council Regulation (EU) No 878/2011 of 2 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 228, p. 1), and of Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1), in so far as the applicant is named in the list of persons subject to the restrictive measures in view of the situation in Syria, and, second, application for payment of compensation for damage suffered.

Operative part of the judgment

The Court:

1. Declares that there is no need to adjudicate on the Commission’s application for leave to intervene;

2. Dismisses the application;

3. Orders Mr Issam Anbouba to bear his own costs.

(1) OJ C 25, 28.1.2012.