ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 86/26

Judgment of the General Court of 9 February 2017 — International Gaming Projects v EUIPO — adp Gauselmann (TRIPLE EVOLUTION)

(Case T-82/16) (1)

((EU trade mark - Opposition proceedings - Application for the figurative EU trade mark TRIPLE EVOLUTION - Earlier EU word mark Evolution - Relative ground of refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 086/35)

Language of the case: English

Parties

Applicant: International Gaming Projects Ltd (Qormi, Malta) (represented initially by M. Garayalde Niño and A. Alpera Plazas, and subsequently by M. Garayalde Niño, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2015 (Case R 0725/2015-2), relating to opposition proceedings between adp Gauselmann and International Gaming Projects.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders International Gaming Projects Ltd to pay the costs.

(1) OJ C 136, 18.4.2016.
EN Official Journal of the European Union C 195/26

Judgment of the General Court of 27 April 2017 — CC v Parliament

(Case T-446/16 P) (1)

((Appeal - Civil service - Recruitment - Notice of competition - Open competition - Errors in the management of the list of successful candidates - Non-contractual liability - Offers of further evidence - Material harm - Equal treatment - Distortion of the facts - Loss of an opportunity))

(2017/C 195/36)

Language of the case: French

Parties

Appellant: CC (represented by: G. Maximini and C. Hölzer, lawyers)

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

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (sitting as a single judge) of 21 July 2016, CC v Parliament (F-9/12 RENV, EU:F:2016:165), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (sitting as a single judge) of 21 July 2016, CC v Parliament (F-9/12 RENV), in so far as the Civil Service Tribunal, first, calculated the loss of opportunity for Ms CC to be recruited as a probationary official by the Council of the European Union by excluding the period from 16 February 2006 to 31 August 2007, and secondly, calculated the loss of opportunity for Ms CC to be recruited as a probationary official by the other institutions and bodies of the European Union using a different method from that which it used in relation to the Council;

2. Dismisses the appeal as to the remainder;

3. Refers the action to a Chamber of the General Court other than that which has ruled in the present appeal;

4. Reserves the costs.

(1) OJ C 371, 10.10.2016.
EN Official Journal of the European Union C 161/28

Judgment of the General Court of 5 April 2017 — Anta (China) v EUIPO (Representation of two lines forming an acute angle)

(Case T-291/16) (1)

((EU trade mark - Application for an EU figurative mark representing two lines forming an acute angle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2017/C 161/40)

Language of the case: English

Parties

Applicant: Anta (China) Co. Ltd (Jinjiang City, China) (represented by: A. Franke and K. Hammerstingl, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 March 2016 (Case R 1292/2015-5) concerning an application for registration of a figurative sign representing two lines forming an acute angle as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Anta (China) Co. Ltd to pay the costs.

(1) OJ C 279, 1.8.2016.
EN Official Journal of the European Union C 221/22

Judgment of the General Court of 11 May 2017 — Bammer v EUIPO — mydays (MÄNNERSPIELPLATZ)

(Case T-372/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark MÄNNERSPIELPLATZ - Absolute ground for refusal - Descriptive character - Article 52(1)(a) and Article 7(1)(c) of Regulation (EC) No 207/2009))

(2017/C 221/30)

Language of the case: German

Parties

Applicant: Alexander Bammer (Sindelfingen, Germany) (represented by: W. Riegger, lawyer)

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: mydays GmbH (Munich, Germany) (represented by: F. Pfefferkorn, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 April 2016 (Case R 1796/2015-1) concerning invalidity proceedings between mydays and Mr Bammer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Alexander Bammer to pay the costs.

(1) OJ C 314, 29.8.2016.
EN Official Journal of the European Union C 221/21

Judgment of the General Court of 16 May 2017 — Mühlbauer Technology v EUIPO (Magicrown)

(Case T-218/16) (1)

((EU trade mark - Application for EU word mark Magicrown - Absolute grounds for refusal - Lack of distinctive character - Descriptiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2017/C 221/28)

Language of the case: German

Parties

Applicant: Mühlbauer Technology GmbH (Hamburg, Germany) (represented by: M. Zintler and A. Stolz, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 March 2016 (Case R 1213/2015-4) concerning and application for registration of word sign Magicrown as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mühlbauer Technology GmbH to pay the costs.

(1) OJ C 232, 27.6.2016.
EN Official Journal of the European Union C 277/43

Judgment of the General Court of 28 June 2017 — X-cen-tek v EUIPO (Representation of a triangle)

(Case T-470/16) (1)

((EU trade mark - Application for an EU figurative mark representing a triangle - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2017/C 277/64)

Language of the case: German

Parties

Applicant: X-cen-tek GmbH & Co. KG (Wardenburg, Germany) (represented by: H. Hillers, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 June 2016 (Case R 2565/2015-4), concerning an application for registration of a figurative sign representing a triangle as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders X-cen-tek GmbH & Co. KG to pay the costs.

(1) OJ C 383, 17.10.2016.
EN Official Journal of the European Union C 256/22

Judgment of the General Court of 21 June 2017 — M/S. Indeutsch International v EUIPO — Crafts Americana Group (Representation of chevrons between two parallel lines)

(Case T-20/16) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark representing chevrons between two parallel lines - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Examination of the mark as registered))

(2017/C 256/23)

Language of the case: English

Parties

Applicant: M/S. Indeutsch International (Noida, India) (represented initially by D. Stone, D. Meale, A. Dykes, Solicitors, and S. Malynicz QC, subsequently by D. Stone and S. Malynicz and lastly by D. Stone, S. Malynicz and M. Siddiqui, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Crafts Americana Group, Inc. (Vancouver, Washington, United States) (represented by: J. Fish and V. Leitch, Solicitors and A. Bryson, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 5 November 2015 (Case R 1814/2014-1), relating to invalidity proceedings between Crafts Americana Group and M/S. Indeutsch International.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 November 2015 (Case R 1814/2014-1);

2. Orders EUIPO to pay the costs of M/S. Indeutsch International;

3. Orders Crafts Americana Group, Inc. to pay its own costs.

(1) OJ C 106, 21.3.2016.
EN Official Journal of the European Union C 283/47

Judgment of the General Court of 19 July 2017 — Parliament v Meyrl

(Case T-699/16) (1)

((Appeal - Civil Service - Members of the temporary staff - Contested decision annulled at first instance - Dismissal - Right to be heard - Principle of sound administration - Duty of care - Manifest error of assessment - Abuse of power))

(2017/C 283/72)

Language of the case: French

Parties

Appellant: European Parliament (represented by: V. Montebello-Demogeot and M. Dean, acting as Agents)

Other party to the proceedings: Sonja Meyrl (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 19 July 2016, Meyrl v Parliament (F-147/15, EU:F:2016:157), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 19 July 2016, Meyrl v Parliament (F-147/15);

2. Dismisses the action brought by Ms Sonja Meyrl before the Civil Service Tribunal in Case F-147/15;

3. Orders each party to bear its own costs relating to the appeal proceedings;

4. Orders Ms Meyrl to pay the costs of the proceedings at first instance, including those of the European Parliament.

(1) OJ C 454, 5.12.2016.
EN Official Journal of the European Union C 277/45

Judgment of the General Court of 6 July 2017 — Bodson and Others v EIB

(Case T-508/16) (1)

((Civil service - EIB staff - Contractual nature of the employment relationship - Remuneration - Reform of the bonus scheme - Legitimate expectations - Legal certainty - Manifest error of assessment - Proportionality - Duty to have regard for the welfare of staff - Article 11(3) of the Rules of Procedure of the EIB - Equal treatment))

(2017/C 277/67)

Language of the case: French

Parties

Applicants: Jean-Pierre Bodson (Luxembourg, Luxembourg) and the 450 other applicants whose names are listed in the annex to the judgment (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (EIB) (represented by: initially, C. Gómez de la Cruz, G. Nuvoli and T. Gilliams, and, subsequently, T. Gilliams and G. Faedo, acting as Agents, assisted by P.-E. Partsch, lawyer)

Re:

Action under Article 270 TFEU seeking, first, annulment of the decisions, contained in the bonus statements for April 2013, applying to the applicants the decision of the EIB Board of Directors of 14 December 2010 and the decisions of the EIB Management Committee of 9 November 2010, 29 June 2011, 16 November 2011 and 20 February 2013; and, secondly, an order that the EIB pay to the applicants a sum corresponding to the difference between the amount of remuneration paid in application of the abovementioned decisions and the amount of remuneration due under the previous system, or, in the alternative, the amount of remuneration due under the new scheme when correctly implemented, as well as compensation for the material damage resulting from loss of purchasing power and for the non-material damage which the applicants claim to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Pierre Bodson and the other members of the staff of the European Investment Bank (EIB) whose names are listed in the annex to pay the costs.

(1) OJ C 274, 21.9.2013 (case initially registered before the Civil Service Tribunal of the European Union under number F-61/13 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 369/13

Judgment of the General Court of 19 September 2017 — Tamasu Butterfly Europa v EUIPO — adp Gauselmann (Butterfly)

(Case T-315/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark Butterfly - Earlier EU word mark and national trade name Butterfly - Relative grounds for refusal - Article 8(1)(b) and (4) and (5) of Regulation (EC) No 207/2009))

(2017/C 369/18)

Language of the case: German

Parties

Applicant: Tamasu Butterfly Europa GmbH (Moers, Germany) (represented by: C. Röhl, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Pethke and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 March 2016 (Case R 221/2015-1) relating to opposition proceedings between Tamasu Butterfly Europa and adp Gauselmann.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tamasu Butterfly Europa GmbH to pay the costs.

(1) OJ C 287, 8.8.2016.
EN Official Journal of the European Union C 283/38

Judgment of the General Court of 18 July 2017 — Savant Systems v EUIPO — Savant Group (SAVANT)

(Case T-110/16) (1)

((EU trade mark - Revocation proceedings - EU word mark SAVANT - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009))

(2017/C 283/57)

Language of the case: English

Parties

Applicant: Savant Systems LLC (Osterville, Massachusetts, United States) (represented by: O. Nilgen and A. Kockläuner, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Savant Group Ltd (Burton in Kendal, United Kingdom) (represented by: G. Hollingworth, Barrister, K. Gilbert and G. Lodge, Solicitors)

Re:

Action against the decision of the Fourth Board of Appeal of EUIPO of 18 January 2016 (Case R 33/2015-4), relating to revocation proceedings between Savant Systems and Savant Group.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Savant Systems LLC to pay the costs.

(1) OJ C 175, 17.5.2016.
EN Official Journal of the European Union C 382/42

Judgment of the General Court of 26 September 2017 — Hanschmann v Europol

(Case T-562/16) (1)

((Civil Service - Europol - Non-renewal of a contract - Refusal to award a contract for an indefinite period - Compensation - Annulment by the Civil Service Tribunal - Enforcement of the judgments in Cases F 27/09 and F 104/12))

(2017/C 382/51)

Language of the case: Dutch

Parties

Applicant: Ingo Hanschmann (Taucha, Germany) (represented by: W. Dammingh and N. Dane, lawyers)

Defendant: European Union Agency for Law Enforcement Cooperation (represented by: D. Neumann and C. Falmagne, acting as Agents, and D. Waelbroeck, A. Duron and I.Antypas, lawyers)

Re:

Action brought under Article 270 TFEU, seeking annulment of the decision of Europol of 29 July 2014 not to renew for an indefinite period the contract awarded to the applicant and to allocate a sum of EUR 10 000 to him on account of the length of the procedure and the prolongation of his state of uncertainty and annulment of the decision rejecting his complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ingo Hanschmann to pay the costs.

(1) OJ C 354, 26.10.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-119/15 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 369/14

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

(Case T-422/16) (1)

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

(2017/C 369/20)

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 95/2016-4) concerning an application for registration of the word sign Beste Mama 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 402/32

Judgment of the General Court of 6 October 2017 — Karelia v EUIPO (KARELIA)

(Case T-878/16) (1)

((EU trade mark - Application for the EU word mark ‘KARELIA’ - Absolute ground for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

(2017/C 402/42)

Language of the case: English

Parties

Applicant: Ino Karelia (Kalamata, Greece) (represented by: M. Karpathakis, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 19 September 2016 (Case R 1562/2015-5), relating to an application for registration of the word sign ‘KARELIA’ as an EU trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Ino Karelia to pay the costs.

(1) OJ C 38, 6.2.2017.
EN Official Journal of the European Union C 392/23

Judgment of the General Court of 6 October 2017 — Kofola ČeskoSlovensko v EUIPO — Mionetto (UGO)

(Case T-176/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark UGO - Earlier EU figurative mark il UGO! - Partial surrender of the earlier mark - 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 392/28)

Language of the case: English

Parties

Applicant: Kofola ČeskoSlovensko a.s (Ostrava, Czech Republic) (represented by: L. Lorenc, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mionetto SpA (Valdobbiadne, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 February 2016 (Case R 2707/2014-4), relating to opposition proceedings between Mionetto and Kofola ČeskoSlovensko.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kofola ČeskoSlovensko a.s. to pay the costs.

(1) OJ C 222, 20.6.2016.
EN Official Journal of the European Union C 424/33

Judgment of the General Court of 26 October 2017 — Paraskevaidis v Cedefop.

(Case T-601/16) (1)

((Civil Service - Officials - Cedefop - Promotion - 2015 Promotion exercise - Decision not to promote the applicant to Grade AD 12 - Articles 44 and 45 of the Staff Regulations - Comparison of the merits - Duty to state reasons - Implied rejection of the complaint - Liability))

(2017/C 424/47)

Language of the case: French

Parties

Applicant: Georges Paraskevaidis (Auderghem, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, Agent, and A. Duron, lawyer)

Re:

Application brought under Article 270 TFEU for, first, the annulment of the decision of the director of Cedefop of 4 November 2015 not to promote the applicant to Grade AD 12 in the 2015 promotion exercise and, second, compensation for the harm the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Annuls the decision of the director of the European Centre for the Development of Vocational Training (Cedefop) of 4 November 2015 not to promote the applicant to Grade AD 12 in the 2015 promotion exercise;

2. Orders Cedefop to pay Mr Paraskevaidis EUR 2 000 as compensation for the damage he suffered

3. Dismisses the action for the remainder.

4. Orders Cedefop to pay the costs.

(1) OJ C 296 of 16 August 2016 (case initially registered with the European Union Civil Service Tribunal under number F-31/16 and transferred to the General Court of the European Union on 1 September 2016).
Case T-441/16: Judgment of the General Court of 23 October 2017 — Tetra Pharm (1997) v EUIPO — Sebapharma (SeboCalm) (EU trade mark — Opposition proceedings — Application for the EU word mark SeboCalm — Earlier EU word mark — 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))

Judgment of the General Court of 23 October 2017 — Tetra Pharm (1997) v EUIPO — Sebapharma (SeboCalm)

(Case T-441/16) ( 1 )

‛(EU trade mark — Opposition proceedings — Application for the EU word mark SeboCalm — Earlier EU word mark — 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))’

Parties

Applicant: Tetra Pharm (1997) Ltd (Tel Aviv, Israel) (represented by: A. Gorzkiewicz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and D. Stoyanova-Valchanova, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sebapharma GmbH & Co. KG (Boppard, Germany) (represented by: J. Wald and D. Koal, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO dated 19 May 2016 (Case R 852/2015-1), relating to opposition proceedings between Sebapharma and Tetra Pharm (1997).

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Tetra Pharm (1997) Ltd to pay the costs.

( 1 ) OJ C 364, 3.10.2016.
EN Official Journal of the European Union C 5/35

Judgment of the General Court of 14 November 2017 — Vincenti v EUIPO

(Case T-586/16) (1)

((Civil service - Officials - Promotion - 2015 promotion exercise - Lack of staff reports as a result of sick leave - General provisions for implementing Article 45 of the Staff Regulations))

(2018/C 005/47)

Language of the case: English

Parties

Applicant: Guillaume Vincenti (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Tóth and A. Lukošiūtė, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision of EUIPO of 24 July 2015 not to promote the applicant to the next grade (AST 8) in the 2015 promotion procedure by not including his name on the list of officials promoted in the 2015 promotion exercise.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Union Intellectual Property Office (EUIPO) of 24 July 2015 establishing the list of officials promoted in the 2015 promotion exercise in so far as Mr Guillaume Vincenti was not taken into consideration for the 2015 promotion exercise;

2. Orders EUIPO to pay the costs.

(1) OJ C 191, 30.5.2016 (Case initially registered before the European Union Civil Service Tribunal as Case F-16/16 and transferred to the General Court of the European Union on 1 September 2016).