ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 221/23

Judgment of the General Court of 18 May 2017 — Makhlouf v Council

(Case T-410/16) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to protection of reputation - Right to property - Presumption of innocence - Restrictions on entry into and transit through the territory of the European Union - Proportionality))

(2017/C 221/32)

Language of the case: French

Parties

Applicant: Rami Makhlouf (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendants: Council of the European Union (represented by: initially, S. Kyriakopoulou, G. Étienne and A. Vitro, then by S. Kyriakopoulou and A. Vitro, and subsequently by S. Kyriakopoulou and J. Bauerschmidt, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre, L. Havas and R. Tricot, acting as Agents)

Re:

APPLICATION pursuant to Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125) and of the subsequent measures giving effect to that decision, in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Rami Makhlouf to bear his own costs and to pay those of the Council of the European Union;

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

(1) OJ C 371, 10.10.2016.
EN Official Journal of the European Union C 195/24

Judgment of the General Court of 3 May 2017 — Gfi PSF v Commission

(Case T-200/16) (1)

((Public service contracts - Public procurement procedure - Development, maintenance, evolution and assistance services for websites - Rejection of a tenderer’s bid - Bid received already open - Article 111(4)(b) of the Financial Regulation))

(2017/C 195/34)

Language of the case: French

Parties

Applicant: Gfi PSF Sàrl (Leudelange, Luxembourg) (represented by: F. Moyse, lawyer)

Defendant: European Commission (represented by: S. Delaude and S. Lejeune, acting as Agents)

Re:

Firstly, action on the basis of Article 263 TFEU seeking the annulment of the decisions of 2 and 16 March 2016 of the Publications Office of the European Union rejecting the applicant’s tender submitted in the context of the public procurement procedure concerning, in particular, the development, maintenance, evolution and assistance services for that office’s websites (OJ 2015/S 251-459901) and, insofar as necessary, of the confirmatory decision of the POEU of 22 April 2016 and, secondly, action on the basis of Article 268 TFEU seeking compensation for the harm suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gfi PSF Sàrl to pay the costs.

(1) OJ C 222, 20.6.2016.
EN Official Journal of the European Union C 256/23

Judgment of the General Court of 27 June 2017 — NC v Commission

(Case T-151/16) (1)

((Grants - OLAF investigation - Finding of irregularities - Commission decision imposing an administrative penalty - Exclusion from procurement and grant award procedures financed by the general budget of the European Union for a period of 18 months - Registration in the Early Detection and Exclusion System database - Temporal application of various versions of the Financial Regulation - Essential procedural requirements - Retroactive application of the more lenient law))

(2017/C 256/25)

Language of the case: English

Parties

Applicant: NC (represented: initially by J. Killick, G. Forwood, Barristers, C. Van Haute and A. Bernard, lawyers, and subsequently by J. Killick, G. Forwood, C. Van Haute and J. Jeram, Solicitor)

Defendant: European Commission (represented: initially by F. Dintilhac and M. Clausen, and subsequently by F. Dintilhac and R. Lyal, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of the decision of the Commission of 28 January 2016 imposing the administrative penalty of exclusion of the applicant from procurement and grant award procedures financed from the general budget of the European Union for a period of 18 months and consequently registering it in the Early Detection and Exclusion System database provided for in Article 108(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).

Operative part of the judgment

The Court:

1. Annuls the decision of the Commission of 28 January 2016 imposing the administrative penalty of exclusion of NC from procurement and grant award procedures financed from the general budget of the European Union for a period of 18 months and consequently registering it in the Early Detection and Exclusion System database provided for in Article 108 (1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002;

2. Orders the European Commission to pay the costs.

(1) OJ C 279, 1.8.2016.
EN Official Journal of the European Union C 249/27

Judgment of the General Court of 8 June 2017 — Bundesverband Deutsche Tafel v EUIPO — Tiertafel Deutschland (Tafel)

(Case T-326/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark Tafel - Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal - Absolute ground for refusal - Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009 - Descriptive character - Article 65(6) of Regulation No 207/2009 - Decision taken following the annulment by the General Court of an earlier decision))

(2017/C 249/41)

Language of the case: German

Parties

Applicant: Bundesverband Deutsche Tafel eV (Berlin, Germany) (represented by: T. Koerl, E. Celenk and S. Vollmer, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tiertafel Deutschland eV (Rathenow, Germany) (represented by: M. Nitschke, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 April 2016 (Case R 248/2016-4), relating to invalidity proceedings between Tiertafel Deutschland and Bundesverband Deutsche Tafel.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bundesverband Deutsche Tafel eV to pay the costs.

(1) OJ C 287, 8.8.2016.
EN Official Journal of the European Union C 283/40

Judgment of the General Court of 13 July 2017 — Migros-Genossenschafts-Bund v EUIPO — Luigi Lavazza (CReMESPRESSO)

(Case T-189/16) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark CReMESPRESSO - Earlier international word mark CREMESSO - Allusive element - Interdependence of criteria - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2017/C 283/60)

Language of the case: English

Parties

Applicant: Migros-Genossenschafts-Bund (Zürich, Switzerland) (represented by: M. Treis, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and I. Moisescu, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Luigi Lavazza SpA (Turin, Italy) (represented by: M. Ricolfi and F. Tarocco, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 (Case R 2823/2014-4) relating to invalidity proceedings between Migros-Genossenschafts-Bund and Luigi Lavazza.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 February 2016 (Case R 2823/2014-4), in so far as the Board of Appeal upheld the action brought by Luigi Lavazza SpA and partially annulled the decision of the Cancellation Division with respect to the following goods: ‘Electric ice crushers’ and ‘Ice cream makers, ice cream machines, but also coffee machines’ in Classes 7 and 11, covered by the mark at issue;

2. Orders EUIPO and Luigi Lavazza to bear, in addition to their own costs, those incurred by Migros-Genossenschafts-Bund.

(1) OJ C 232, 27.6.2016.
EN Official Journal of the European Union C 277/41

Judgment of the General Court of 11 July 2017 — Dogg Label v EUIPO — Chemoul (JAPRAG)

(Case T-406/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark JAPRAG - Earlier national figurative mark JAPAN-RAG - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 277/61)

Language of the case: French

Parties

Applicant: Dogg Label (Marseilles, France) (represented by: M. Angelier, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Patrick Chemoul (Paris, France) (represented by: E. Hoffman, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 13 May 2016 (Case R 2336/2015-2), relating to invalidity proceedings between Dogg Label and Mr Chemoul.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of EUIPO of 13 May 2016 (Case R 2336/2015-2);

2. Orders Dogg Label, EUIPO and Mr Patrick Chemoul to bear their own respective costs.

(1) OJ C 364, 3.10.2016.
EN Official Journal of the European Union C 357/11

Judgment of the General Court of 8 September 2017 — Gillet v Commission

(Case T-578/16) (1)

((Civil service - Contract staff - Former employed worker under Belgian law - Allowance applicable pursuant to Articles 6 and 7 of Decision C(2005) 1287 - Recalculation of the amount of the allowance by the administration in the context of an update of management procedures - Act adversely affecting an official or other member of staff - Act which is merely confirmatory - Obligation to state reasons - Recovery of sums overpaid))

(2017/C 357/14)

Language of the case: French

Parties

Applicant: Évelyne Gillet (Brussels, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: G. Berscheid and C. Berardis-Kayser, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking the annulment of the Commission’s decisions of 12 December 2014 and of 9 April 2015 and subsequent salary statements that reduce the amount of the allowance paid to the applicant, who was employed under an employment contract of indeterminate duration governed by Belgian law, and that require the repayment of amounts overpaid.

Operative part of the judgment

The Court:

1. Annuls the European Commission’s decision of 9 April 2015 in so far as it seeks to recover the amount of EUR 3 959,38 under Article 85 of the Staff Regulations of Officials of the European Union and Article 116 of the Conditions of Employment of Other Servants of the European Union;

2. Dismisses the remainder of the action;

3. Orders Ms Évelyne Gillet to bear her own costs;

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

(1) OJ C 145 of 25.4.2016 (case originally registered before the European Union Civil Service Tribunal under case number F-7/16 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 283/37

Judgment of the General Court of 18 July 2017 — Alfonso Egüed v EUIPO — Jackson Family Farms (BYRON)

(Case T-45/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark BYRON - Earlier non-registered trade mark BYRON - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Rules governing common-law actions for passing-off - Goodwill - Proof of the acquisition and continued existence of the earlier right))

(2017/C 283/55)

Language of the case: English

Parties

Applicant: Nelson Alfonso Egüed (Madrid, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Jackson Family Farms LLC (Santa Rosa, California, United States)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 16 November 2015 (Case R 822/2015-2), relating to opposition proceedings between Jackson Family Farms and Mr Alfonso Egüed.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Nelson Alfonso Egüed to pay the costs.

(1) OJ C 111, 29.3.2016.
EN Official Journal of the European Union C 374/31

Judgment of the General Court of 26 September 2017 — Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO — ING-DIBa (widiba)

(Case T-84/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark widiba - Earlier national word mark DiBa - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Inadmissibility of the appeal before the Board of Appeal - Request for restitutio in integrum - Duty of care))

(2017/C 374/46)

Language of the case: English

Parties

Applicants: Banca Monte dei Paschi di Siena SpA (Siena, Italy) and Wise Dialog Bank SpA (Banca Widiba SpA) (Milan, Italy) (represented by: L. Trevisan and D. Contini, lawyers)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and J. García Murillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: ING-DIBa AG (Frankfurt am Main, Germany) (represented by: N. Gerling and M. Wolpert-Witzel, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2015 (Joined Cases R 113/2015-2 and R 174/2015-2), relating to opposition proceedings between ING-DIBa and Banca Monte dei Paschi di Siena.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Banca Monte dei Paschi di Siena SpA and Wise Dialog Bank SpA (Banca Widiba SpA) to pay the costs.

(1) OJ C 211, 13.6.2016.
EN Official Journal of the European Union C 369/14

Judgment of the General Court of 15 September 2017 — sheepworld v EUIPO (Beste Oma)

(Case T-421/16) (1)

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

(2017/C 369/19)

Language of the case: German

Parties

Applicant: sheepworld AG (Ursensollen, Germany) (represented by: S. von Rüden, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 May 2016 (Case R 91/2016-4) concerning an application for registration of the word sign Beste Oma as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders sheepworld AG to pay the costs.

(1) OJ C 343, 19.9.2016.
EN Official Journal of the European Union C 402/30

Judgment of the General Court of 13 October 2017 — Brouillard v Commission

(Case T-572/16) (1)

((Civil service - Recruitment - Competition notice - Open Competition EPSO/AD/306/15 - French-language lawyer-linguists at the Court of Justice of the European Union - Online application - Pre-selection based on qualifications - Qualifications required - Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution - ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism - Issued following ‘accreditation of skills gained through experience’ - Non-admission to the tests in a competition - Action for annulment - Content of the application - Inadmissibility - Professional competence - Full legal education requirement - Recognition of qualifications))

(2017/C 402/39)

Language of the case: French

Parties

Applicant: Alain Laurent Brouillard (Brussels, Belgium) (represented by: initially P. Vande Casteele and subsequently H. Brouillard, lawyers)

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of, first, the decision of the European Personnel Selection Office (EPSO), communicated to the applicant by email of 24 September 2015, not to admit him to the next stage of ‘Open Competition EPSO/AD/306/15 based on qualifications and tests’ held for the purpose of drawing up reserve lists from which to recruit, among others, ‘French-language (FR) lawyer-linguists (AD 7)’ of the Court of Justice of the European Union and, second, the selection and appointment decisions taken in the context of that competition.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Personnel Selection Office (EPSO), communicated to Mr Alain Laurent Brouillard by email of 24 September 2015, not to admit him to the next stage of ‘Open Competition EPSO/AD/306/15 based on qualifications and tests’ held for the purpose of drawing up reserve lists from which to recruit, among others, ‘French-language (FR) lawyer-linguists (AD 7)’ of the Court of Justice of the European Union;

2. Dismisses the action as to the remainder;

3. Orders Mr Brouillard and the European Commission to bear their own respective costs, including those incurred in the context of the proceedings for interim measures in the case giving rise to the order of 20 January 2016, Brouillard v Commission (F-148/15 R).

(1) OJ C 59, 15.2.2016 (case initially registered before the European Union Civil Service Tribunal as Case F-148/15 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 392/24

Judgment of the General Court of 5 October 2017 — Versace 19.69 Abbigliamento Sportivo v EUIPO — Gianni Versace (VERSACCINO)

(Case T-337/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative trade mark VERSACCINO - Earlier EU word mark VERSACE - Genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 392/30)

Language of the case: Italian

Parties

Applicant: Versace 19.69 Abbigliamento Sportivo Srl (Busto Arsizio, Italy) (represented initially by F. Caricato, and subsequently by M. Cartella and B. Cartella, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gianni Versace SpA (Milan, Italy) (represented by: M. Francetti, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2016 (Case R 1172/2015-1), relating to opposition proceedings between Gianni Versace and Versace 19.69 Abbigliamento Sportivo.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Versace 19.69 Abbigliamento Sportivo Srl to pay the costs.

(1) OJ C 296, 16.8.2016.
EN Official Journal of the European Union C 424/31

Judgment of the General Court of 26 October 2017 — Hello Media Group v EUIPO — Hola (#hello media group)

(Case T-331/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark #hello media group - Earlier EU figurative and word marks HELLO! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2017/C 424/44)

Language of the case: Spanish

Parties

Applicant: Hello Media Group, SL (Madrid, Spain), authorised to replace Hello Media, SL (represented by: A. Alejos Cutuli, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hola, SL (Madrid) (represented by: F. Arroyo Álvarez de Toledo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 April 2016 (Case R 2012/2015-2), relating to opposition proceedings between Hola and Hello Media.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hello Media Group, SL, to pay the costs.

(1) OJ C 296, 16.8.2016.
Case T-705/16: Judgment of the General Court of 19 October 2017 — ( *1 ) v Parliament (Appeal — Civil service — Officials — Certification procedure — 2014 — Not included in the list of officials selected to participate in the training programme — Equal treatment — Article 165 TFEU — Plea of illegality)

( *1 ) Information erased within the framework of the protection of individuals with regard to the processing of personal data.

Judgment of the General Court of 19 October 2017 — ( *1 ) v Parliament

(Case T-705/16) ( 1 )

‛(Appeal — Civil service — Officials — Certification procedure — 2014 — Not included in the list of officials selected to participate in the training programme — Equal treatment — Article 165 TFEU — Plea of illegality)’

Parties

Appellant: ( *1 ) (represented by: S. Orlandi and T. Martin, lawyers)

Other party to the proceedings: European Parliament (represented by: D. Nessaf and M. Ecker, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 July 2016, ( *1 ) v Parliament (F-1/16, EU:F:2016:171), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders ( *1 ) to bear his own costs and to pay those incurred by the European Parliament on appeal.

( *1 ) Information erased within the framework of the protection of individuals with regard to the processing of personal data.

( 1 ) OJ C 454, 5.12.2016.
EN Official Journal of the European Union C 5/37

Judgment of the General Court of 17 November 2017 — Ciarko v EUIPO — Maan (cooker hood)

(Case T-684/16) (1)

((Community design - Invalidity proceedings - Registered Community design representing a cooker hood - Earlier Community design - Ground for invalidity - Lack of individual character - Informed user - Degree of freedom of the designer - No different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002))

(2018/C 005/50)

Language of the case: Polish

Parties

Applicant: Ciarko spółka z ograniczoną odpowiedzialnością sp.k.(Sanok, Poland) (represented by: M. Żabińska, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Maan sp. z o.o. (Grójec, Poland)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 13 July 2016 (Case R 1212/2015-3) concerning invalidity proceedings between Maan and Ciarko spółka z ograniczoną odpowiedzialnością.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ciarko spółka z ograniczoną odpowiedzialnością sp.k. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Maan sp. z o.o. to bear its own costs.

(1) OJ C 410, 7.11.2016.