ddrg/super_eurlex huggingface dataset:
Case T-360/03

Frischpack GmbH & Co. KG

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Community trade mark – Three-dimensional mark – Shape of a cheese box – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94 – Distinctive character)

Judgment of the Court of First Instance (Fifth Chamber), 23 November 2004

Summary of the Judgment

Community trade mark – Appeals procedure – Appeals before the Community judicature – Challenging the Board of Appeal’s definition of the relevant public for the purposes of the examination of the distinctive character of the mark applied for – Change in the subject-matter of the dispute – None

(Rules of Procedure of the Court of First Instance, Art. 135(4); Council Regulation No 40/94, Art. 7(1)(b))

It is for the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to ascertain the relevant public in the course of its examination of distinctive character, within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark, of a sign for which registration as a mark is sought.

By challenging the Board of Appeal’s definition of the relevant public for the purposes of the examination of the distinctive character of the mark applied for in breach of Article 135(4) of the Rules of Procedure, the applicant is not asking the Court to rule on questions which are different from those brought before the Board of Appeal.

(see paras 34-35)
EN Official Journal of the European Union C 329/17

Order of the President of the General Court of 10 June 2014 — Schmiedag v Commission

(Case T-183/14 R)

((Interim measures - State aid - National promotion of electricity production from a renewable source - Commission decision to open formal investigation procedure in respect of State aid - Application for suspension of operation of a measure - Urgency - Fumus boni juris))

2014/C 329/23

Language of the case: German

Parties

Applicant: Schmiedag GmbH (Hagen, Germany) (represented by: H. Höfler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application for suspension of the legal effects of the decision by which the Commission opened a formal investigation procedure in respect of State aid concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.

2. The judgment of 7 April 2014 in Case T-179/14 R Schmiedag v Commission is set aside.
EN Official Journal of the European Union C 135/40

Order of the President of the General Court of 7 March 2014 — Aluminios Cortizo and Cortizo Cartera v Commission

(Case T-1/14 R)

((Application for interim measures - State aid - Aid granted by the Spanish authorities to certain economic interest groupings (EIG) and their investors - Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) - Application for suspension of operation - Failure to comply with the procedural requirements - Inadmissibility))

2014/C 135/51

Language of the case: Spanish

Parties

Applicants: Aluminios Cortizo, SA (Padrón, Spain) and Cortizo Cartera, SL (Padrón) (represented by: A. Beiras Cal, lawyer)

Defendant: European Commission (represented by: V. Di Bucci, M. Afonso, É. Gippini Fournier and P. Němečková, acting as Agents)

Re:

Application for suspension of the operation of, inter alia, Commission Decision C(2013) 4426 final of 17 July 2013 on State aid SA.21233 C/2011 (ex NN/2011, ex CP 137/2006) — Tax regime applicable to certain finance lease agreements.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 372/23

Order of the General Court of 3 September 2014 — ANKO v Commission and REA

(Case T-165/14) (1)

2014/C 372/29

Language of the case: Greek

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 175, 10.6.2014.
EN Official Journal of the European Union C 329/15

Order of the President of the General Court of 10 June 2014 — Dieckerhoff Guss v Commission

(Case T-174/14 R)

((Interim measures - State aid - National promotion of electricity production from a renewable source - Commission decision to open formal investigation procedure in respect of State aid - Application for suspension of operation of a measure - Urgency - Fumus boni juris))

2014/C 329/19

Language of the case: German

Parties

Applicant: Dieckerhoff Guss GmbH (Gevelsberg, Germany) (represented by: H. Höfler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application for suspension of the legal effects of the decision by which the Commission opened a formal investigation procedure in respect of State aid concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.

2. The judgment in Case T-174/14 R Dieckerhoff Guss v Commission is set aside
EN Official Journal of the European Union C 26/35

Order of the Judge hearing the Application for Interim Measures of 27 October 2014 — Diktyo Amyntikon Viomichanion Net v Commission

(Case T-703/14 R)

((Interim proceedings - Grant agreements - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Debit note addressed to a contracting party - Application for suspension of operation of a measure - Case not suitable for the adoption of interim relief))

(2015/C 026/45)

Language of the case: Greek

Parties

Applicant: Diktyo Amyntikon Viomichanion Net AEVE (Kaisariani, Greece) (represented by: K. Damis, lawyer)

Defendant: European Commission (represented by: R. Lyal and M. Konstantinidis, acting as Agents)

Re:

Application for the suspension of operation of a debit note addressed to the applicant within the framework of a grant agreement and of any other relevant act.

Operative part of the order

The Court:

1. Dismisses the application for interim measures;
EN Official Journal of the European Union C 431/27

Order of the President of the General Court of 4 September 2014 — Fricopan Back v Commission

(Case T-300/14 R)

((Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case))

(2014/C 431/48)

Language of the case: German

Parties

Applicant: Fricopan Back GmbH Immekath (Klötze, Germany) (represented by: T. Volz and B. Wißmann, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 96/20

Order of the General Court of 27 January 2015 — UNIC v Commission

(Case T-338/14) (1)

((Action for annulment - Joint actions to promote sustainable development economically, socially and environmentally in developing countries - Generalised tariff preferences granted to treated and partly treated leather originating from India, Pakistan and Ethiopia - Rejection of the application for a temporary withdrawal of the benefit of generalised preferences - Measure not subject to review - Inadmissibility))

(2015/C 096/26)

Language of the case: Italian

Parties

Applicant: Unione nazionale industria conciaria (UNIC) (Milan, Italy) (represented by: A. Fratini and M. Bottino, lawyers)

Defendant: European Commission (represented by: B. De Meester and D. Recchia, Agents)

Re:

Application for annulment of the Commission’s letter of 19 March 2014 addressed to the applicant and rejecting its request for initiation of a temporary withdrawal procedure in respect of the generalised preferential arrangements granted to the Republic of India, the Islamic Republic of Pakistan and the Federal Democratic Republic of Ethiopia with regard to raw hides and semi-manufactured leather goods.

Operative part of the order

1. The action is rejected as inadmissible.

2. There is no longer any need to adjudicate on the application for intervention made by the Republic of Italy.

3. The Unione nazionale industria conciaria (UNIC) shall bear its own costs and those incurred by the Commission.

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 56/20

Order of the President of the General Court of 4 December 2014 — Vanbreda Risk & Benefits v Commission

(Case T-199/14 R)

((Application for interim measures - Public services contracts - Tendering procedure - Supply of insurance services for property and persons - Rejection of a tender - Application for suspension of operation - Admissibility - Prima facie case - Urgency - Balancing of interests))

(2015/C 056/27)

Language of the case: French

Parties

Applicant: Vanbreda Risk & Benefits (Antwerp, Belgium) (represented by: P. Teerlinck and P. de Bandt, lawyers)

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

Re:

Application for interim measures seeking, in essence, suspension of the operation of the decision of the Commission of 30 January 2014 rejecting the tender that the applicant had submitted following a call for tenders in respect of insurance services for property and persons and awarding the contract to another company.

Operative part of the order

1. The decision of the European Commission of 30 January 2014 rejecting the tender that Vanbreda Risk & Benefits had submitted following a call for tenders in respect of insurance services for property and persons and awarding the contract to another company is suspended in respect of the award of lot 1.

2. The effects of the decision of the Commission of 30 January 2014 shall be maintained until the expiry of the period for bringing an appeal against the present order.
EN Official Journal of the European Union C 155/39

Order of the General Court of 16 March 2015 — Polymer-Chemie v Commission

(Case T-306/14) (1)

(2015/C 155/54)

Language of the case: German

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 155/27

Order of the General Court of 11 March 2015 — Albis Plastic v OHIM — IQAP Masterbatch Group (ALCOLOR)

(Case T-132/14) (1)

((Community trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))

(2015/C 155/32)

Language of the case: German

Parties

Applicant: Albis Plastic GmbH (Hamburg, Germany) (represented by: initially by C. Klawitter, and subsequently by C. Klawitter and P. Nagel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: IQAP Masterbatch Group, SL (Masíes de Roda, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 December 2013 (Case R 1015/2012-2), concerning invalidity proceedings between IQAP Masterbatch Group, SL and Albis Plastic GmbH.

Operative part of the order

1. There is no need to adjudicate on the action.

2. The applicant shall pay the costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 228/26

Order of the General Court of 8 May 2015 — Grupo Bimbo v OHIM (Form of round sandwich bread)

(Case T-542/14) (1)

(2015/C 228/38)

Language of the case: Spanish

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 339, 29.9.2014.
EN Official Journal of the European Union C 205/43

Order of the General Court of 27 April 2015 — Bensarsa v Commission and EDPS

(Case T-791/14) (1)

(2015/C 205/59)

Language of the case: French

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 34, 2.2.2015.
Case T-820/14: Order of the General Court of 19 June 2015 — Delta Group agroalimentare v Commission

Order of the General Court of 19 June 2015 — Delta Group agroalimentare v Commission

(Case T-820/14) ( 1 )

The President of the Fifth Chamber has ordered that the case be removed from the register.

( 1 ) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 245/19

Order of the General Court of 22 May 2015 — Schaeffler Technologies v Commission

(Case T-287/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 245/23)

Language of the case: German

Parties

Applicant: Schaeffler Technologies GmbH & Co. KG (Herzogenaurach, Germany) (represented by: T. Volz, B. Wißmann, M. Püstow, M. Ringel, C. Oehme and T. Wielsch, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Schaeffler Technologies GmbH & Co. KG shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 294/50

Order of the General Court of 9 June 2015 — Stahlwerk Bous v Commission

(Case T-172/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate - Action for annulment - Application to amend the form of order sought - No new information - Inadmissibility))

(2015/C 294/60)

Language of the case: German

Parties

Applicant: Stahlwerk Bous GmbH (Bous, Germany) (represented by: H. Höfler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by C. Renner, lawyer)

Intervener in support of the defendant: EFTA Surveillance Authority (represented by: initially X. Lewis, M. Schneider, M. Moustakali and C. Perrin, acting as Agents)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. The application seeking that the form of order sought in the present action be amended to cover Commission decision C (2014) 8786 final of 25 November 2014 relating to State Aid SA. 33995 (2013/C) (ex 2013/NN) implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users is rejected as inadmissible.

3. There is no longer any need to adjudicate on the applications for intervention submitted by Flachglas Torgau GmbH and Saint-Gobain Isover G+H AG, by Kronotex GmbH & Co. KG and Kronoply GmbH, by Bayer MaterialScience AG, by Sabic Polyolefine GmbH, by Ineos Manufacturing Deutschland GmbH, Ineos Phenol GmbH and Ineos Vinyls Deutschland GmbH, and by Advansa GmbH, Akzo Nobel Industrial Chemicals GmbH, Aurubis AG, CBW Chemie GmbH, CFB Chemische Fabrik Brunsbüttel GmbH & Co. KG, Clariant Produkte (Deutschland) GmbH, Dralon GmbH, Hahl Filaments GmbH, Messer Produktionsgesellschaft mbH Siegen, Messer Produktionsgesellschaft mbH Salzgitter, Nabaltec AG, Siltronic AG and Wacker Chemie AG.

4. Stahlwerk Bous GmbH shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

5. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 294/61

Order of the General Court of 9 June 2015 — Grupa Azoty ATT Polymers v Commission

(Case T-270/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/74)

Language of the case: German

Parties

Applicant: Grupa Azoty ATT Polymers GmbH (Guben, Germany) (represented by: H. Janssen and S. Kobes, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Grupa Azoty ATT Polymers GmbH shall bear its own costs and those incurred by the European Commission.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 381/59

Order of the General Court of 15 September 2015 — Makhlouf v Council

(Case T-592/14) (1)

(2015/C 381/75)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 311/61

Order of the General Court of 30 June 2015 — PAN Europe and Unaapi v Commission

(Case T-729/14) (1)

(2015/C 311/70)

Language of the case: English

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 7, 12.1.2015.
EN Official Journal of the European Union C 381/60

Order of the General Court of 15 September 2015 — Almashreq Investment Fund v Council

(Case T-598/14) (1)

(2015/C 381/79)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 381/60

Order of the General Court of 15 September 2015 — Souruh v Council

(Case T-599/14) (1)

(2015/C 381/80)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 398/55

Order of the General Court of 8 October 2015 — Agrotikos Synetairismos Profitis Ilias v Council

(Case T-731/14) (1)

((Action for annulment - Common Foreign and Security Policy - Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine - Lack of direct concern - Inadmissibility))

(2015/C 398/70)

Language of the case: Greek

Parties

Applicant: Agrotikos Synetairismos Profitis Ilias (Skydra, Greece) (represented by: K. Chrysogonos, lawyer)

Defendant: Council of the European Union (represented by: S. Boelaert and I. Rodios, agents)

Re:

Application for annulment of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Agrotikos Synetairismos Profitis Ilias is to bear its own costs and is ordered to pay the costs incurred by the Council of the European Union;

3. There is no need to rule on the application for leave to intervene submitted by the European Commission;

4. Agrotikos Synetairismos Profitis Ilias, the Council and the Commission are each to bear their own costs in relation to the application for leave to intervene.

(1) OJ C 16, 19.1.2015.
EN Official Journal of the European Union C 381/29

Order of the General Court of 23 September 2015 — Estonia v Commission

(Case T-555/14) (1)

((Fisheries - Investment for fishing vessels carried out by Estonia - Decision to suspend the interim payments - Withdrawal of the decision - No need to adjudicate))

(2015/C 381/32)

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by: N. Grünberg and K. Kraavi Käerdi, acting as Agents)

Defendant: European Commission (represented by: E. Randvere and K. Walkerová, acting as Agents)

Re:

Application for annulment of Commission Decision C (2014) 3271 final of 14 May 2014 on the suspension of interim payments in favour of Estonia for the period 2007/2013 within the framework of the operational programme of support for Estonia from the European Fisheries Fund.

Operative part of the order

1. There is no need to adjudicate on the action.

2. The European Commission is ordered to pay the costs.

(1) OJ C 372, 20.10.2014.
EN Official Journal of the European Union C 68/27

Order of the General Court of 17 December 2015 — Murnauer Markenvertrieb v OHIM — Bach Flower Remedies (MURNAUERS Bachblüten)

(Case T-534/14) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))

(2016/C 068/35)

Language of the case: German

Parties

Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and D. Horst, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Bach Flower Remedies Ltd (Wimbledon, United Kingdom) (represented by: A. Renck and M. Petersen, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 May 2014 (Case R 2041/2012-2) concerning opposition proceedings between Murnauer Markenvertrieb GmbH and Bach Flower Remedies Ltd.

Operative part of the order

1. There is no longer any need to adjudicate in the action.

2. Murnauer Markenvertrieb GmbH and Bach Flower Remedies Ltd shall bear their own costs and shall each pay half of the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 27/76

Order of the General Court of 11 November 2015 — salesforce.com v OHIM (MARKETINGCLOUD)

(Case T-388/14) (1)

(2016/C 027/96)

Language of the case: English

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 329, 22.9.2014.