ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 30 January 2014 — Streng v OHIM — Gismondi (PARAMETRICA)

(Case T-495/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PARAMETRICA - Earlier national word mark parameta - Relative ground for refusal - Failure to produce evidence in the language of the opposition proceedings - Rule 19(2) and (3) and Rule 98(1) of Regulation (EC) No 2868/95)

(2014/C 71/28)

Language of the case: Italian

Parties

Applicant: Michael Streng (Erding, Germany) (represented by: A. Pappert, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Fulvio Gismondi (Rome, Italy) (represented by: A. Masetti Zannini de Concina, G. Petrocchi, M. Bucarelli and F. Bellan, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2011 (Case R 1348/2010-4) relating to opposition proceedings between Mr Michael Streng and Mr Fulvio Gismondi.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Michael Streng to pay the costs.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 9/22

Judgment of the General Court of 21 November 2013 — Heede v OHIM (Matrix-Energetics)

(Case T-313/11) (1)

(Community trade mark - Application for Community word mark Matrix-Energetics - Absolute grounds for refusal - Descriptive character - Relevant public - Date of the determination of the descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

2014/C 9/35

Language of the case: German

Parties

Applicant: Günter Heede (Walldorf-Baden) (represented by: R. Utz, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2011 (Case R 1848/2010-4) concerning the application for registration of the word sign Matrix-Energetics as a Community word mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Günter Heede to pay the costs.

(1) OJ C 238, 13.8.2011.
EN Official Journal of the European Union C 175/35

Judgment of the General Court of 9 April 2014 — Pico Food v OHIM — Sobieraj (MILANÓWEK CREAM FUDGE)

(Case T-623/11) (1)

((Community trade mark - Opposition proceedings - Application for the Community trade mark MILANÓWEK CREAM FUDGE - Earlier national figurative marks representing a cow, Original Sahne Muh-Muhs HANDGESCHNITTEN HANDGEWICKELT and SAHNE TOFFEE LUXURY CREAM FUDGE - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 76(1) of Regulation (EC) No 207/2009))

2014/C 175/46

Language of the case: English

Parties

Applicant: Pico Food GmbH (Tamm, Germany) (represented by: M. Douglas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Vuijst and P. Geroulakos, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bogumił Sobieraj (Milanówek, Poland) (represented by: O. Bischof, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 September 2011 (Case R 553/2010-1), relating to opposition proceedings between PICO Food GmbH and Bogumił Sobieraj.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Pico Food GmbH to pay the costs.

(1) OJ C 32, 4. 2. 2012.
EN Official Journal of the European Union C 129/17

Judgment of the General Court of 12 March 2014 — American Express Marketing & Development v OHIM (IP ZONE)

(Joined Cases T-102/11 and T-369/12 to T-371/12) (1)

((Community trade mark - Applications for Community word marks IP ZONE, EUROPE IP ZONE, IP ZONE EUROPE and EUROPEAN IP ZONE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

2014/C 129/21

Language of the cases: English

Parties

Applicant: American Express Marketing & Development Corp. (New York, New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda and S. Kirschstein-Freund, lawyers)

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

Re:

Actions brought against the decisions of the Second Board of Appeal of OHIM of 1 December 2010 (Case R 1125/2010-2) and 12 June 2012 (Cases R 1451/2011-2, R 1452/2011-2 and R 1453/2011-2) concerning applications for registration of the sign IP ZONE and of the signs EUROPE IP ZONE, IP ZONE EUROPE and EUROPEAN IP ZONE, respectively, as Community trade marks.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders American Express Marketing & Development Corp. to pay the costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 372/13

Judgment of the General Court of 9 September 2014 — MasterCard and Others v Commission

(Case T-516/11) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a study of the costs and benefits to merchants of accepting different payment methods - Documents drawn up by a third party - Refusal of access - Exception relating to the protection of the decision-making process - Exception relating to the protection of the commercial interests of a third party))

2014/C 372/17

Language of the case: English

Parties

Applicants: MasterCard, Inc. (Wilmington, Delaware, United States); MasterCard International, Inc., (New York, New York, United States); and MasterCard Europe (Waterloo, Belgium) (represented initially by B. Amory, V. Brophy and S. McInnes, and subsequently by B. Amory and V. Brophy, lawyers)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart and V. Bottka, Agents)

Re:

Action for annulment of the Commission decision of 12 July 2011 refusing the applicants access to certain documents drawn up by a third party relating to a study of the costs and benefits to merchants of accepting different payment methods.

Operative part of the judgment

The Court:

1) Annuls the decision of the European Commission of 12 July 2011 refusing MasterCard, Inc., MasterCard International, Inc. and MasterCard Europe access to certain documents drawn up by a third party relating to a study of the costs and benefits to merchants of accepting different payment methods in so far as it refuses access to the documents relating to: — costs and benefits to merchants of accepting different payment methods (inception report of 2 June 2009); — costs and benefits to merchants of accepting different payment methods — part 1 of the methodology report of 28 September 2009 [revised version incorporating comments received from stakeholders and the Competition Directorate-General (DG) of the European Commission]; — in-depth interview test results on costs of payments: analyses of the in-depth interviews held in the Netherlands, Hungary and the United Kingdom, 15 January 2010 (version provided on 9 March 2010); — draft online questionnaire, 8 March 2010; — results and conclusions of the internet feasibility test: draft report, 24 May 2010;

2) Orders the Commission to pay the costs.

(1) OJ C 347, 26.11.2011.
EN Official Journal of the European Union C 261/23

Judgment of the General Court of 26 June 2014 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN)

(Case T-541/11) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark GULBENKIAN - Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian - Relative grounds for refusal - Evidence of the existence of the earlier rights - Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 - Article 90(a) of the Rules of Procedure))

2014/C 261/45

Language of the case: English

Parties

Applicant: Fundação Calouste Gulbenkian (Lisbon, Portugal) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Micael Gulbenkian (Oeiras, Portugal) (represented by: J. Pimenta and A. Sebastião, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 July 2011 (Case R 1436/2010-2) relating to opposition proceedings between Fundação Calouste Gulbenkian and Mr Micael Gulbenkian.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Fundação Calouste Gulbenkian to pay the costs;

3) Orders Mr Micael Gulbenkian to refund to the Court of Justice of the European Union the sum of EUR 1 807,48 in accordance with Article 90(a) of the Rules of Procedure of the General Court.

(1) OJ C 362, 10.12.2011.
EN Official Journal of the European Union C 462/20

Judgment of the General Court of 12 November 2014 — Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL)

(Case T-524/11) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark LOVOL - Earlier Community word and figurative marks and earlier national figurative marks VOLVO - Relative ground for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009))

(2014/C 462/31)

Language of the case: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: M. Treis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hebei Aulion Heavy Industries Co., Ltd. (Zhangjiakou, China) (represented by: A. Alejos Cutuli, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 July 2011 (Case R 1870/2010-1), concerning opposition proceedings between Volvo Trademark Holding AB and Hebei Aulion Heavy Industries Co., Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Volvo Trademark Holding AB to pay the costs.

(1) OJ C 355, 3.12.2011.
Official Journal of the European Union

Judgment of the General Court of 25 September 2014 –Spirlea v Commission

(Case T-669/11) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Document emanating from Germany in the context of an EU Pilot procedure - Article 4(4) and (5) - Third indent of Article 4(2) - Refusal of access - Breach of essential procedural requirements - Obligation to carry out a concrete and individual examination - Partial access - Overriding public interest))

(2014/C 395/39)

Language of the case: German

Parties

Applicants: Darius Nicolai Spirlea and Mihaela Spirlea (Capezzano Pianore, Italy) (represented by: initially, V. Foerster and T. Pahl, and, subsequently, V. Foerster and E. George, lawyers)

Defendant: European Commission (represented by: P. Costa de Oliveira and H. Kraemer, acting as Agents)

Re:

Application for annulment of the Commission’s decision of 9 November 2011 refusing to allow the applicants access to the observations submitted by the Federal Republic of Germany to the Commission on 7 July 2011 in the context of EU Pilot procedure No 2070/11/SNCO.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 46/43

Judgment of the General Court of 12 December 2014 — Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission

(Case T-487/11) (1)

((State aid - Financial sector - State guarantee accompanying a bank loan - Aid designed to remedy a serious disturbance in the economy of a Member State - Article 107(3)(b) TFEU - Decision declaring the aid incompatible with the internal market - Guidelines on State aid for rescuing and restructuring firms in difficulty - Conformity with the Commission’s notices concerning aid to the financial sector in the context of the financial crisis - Legitimate expectation - Obligation to state reasons))

(2015/C 046/52)

Language of the case: Portuguese

Parties

Applicants: Banco Privado Português, SA (Lisbon, Portugal); and Massa Insolvente do Banco Privado Português, SA (Lisbon) (represented by: C. Fernández Vicién, F. Pereira Coutinho, M. Esperança Pina, T. Mafalda Santos, R. Leandro Vasconcelos and A. Kéri, lawyers)

Defendant: European Commission (represented by: L. Flynn and M. Afonso, acting as Agents)

Re:

Application for annulment of Commission Decision 2011/346/EU of 20 July 2010 on the State aid C 33/09 (ex NN 57/09, CP 191/09) implemented by Portugal in the form of a State guarantee to BPP (OJ 2011 L 159, p. 95).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Banco Privado Português, SA and Massa Insolvente do Banco Privado Português, SA to bear their own costs as well as those incurred by the European Commission.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 431/18

Judgment of the General Court of 21 October 2014 — Szajner v OHIM — Forge de Laguiole (LAGUIOLE)

(Case T-453/11) (1)

((Community trade mark - Invalidity proceedings - Community word mark LAGUIOLE - Earlier French company name Forge de Laguiole - Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009))

(2014/C 431/31)

Language of the case: French

Parties

Applicant: Gilbert Szajner (Niort, France) (represented by: A. Lakits-Josse, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Forge de Laguiole SARL (Laguiole, France) (represented by: F. Fajgenbaum, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 June 2011 (Case R 181/2007-1) concerning invalidity proceedings between Forge de Laguiole SARL and Mr Gilbert Szajner.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 June 2011 (Case R 181/2007-1) in so far as it declares the Community word mark LAGUIOLE invalid in respect of goods other than ‘hand tools and implements (hand operated); spoons; saws, razors, razor blades; shaving cases; nail files and nail nippers, nail-clippers; manicure sets’ in Class 8, ‘paper-cutters’ in Class 16, ‘corkscrews; bottle-openers’ and ‘shaving brushes, fitted vanity cases’ in Class 21 and ‘cigar cutters’ and ‘pipe cleaners’ in Class 34;

2. Dismisses the action as to the remainder;

3. Orders Forge de Laguiole SARL to bear one quarter of the costs incurred by the applicant and three-quarters of its own costs;

4. Orders Mr Gilbert Szajner to bear one quarter of the costs incurred by Forge de Laguiole, one quarter of the costs incurred by OHIM and three-quarters of his own costs;

5. Orders OHIM to bear three-quarters of its own costs.

(1) OJ C 298, 8.10.2011.
EN Official Journal of the European Union C 213/25

Judgment of the General Court of 12 May 2015 — Technion and Technion Research & Development Foundation v Commission

(Case T-480/11) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents taken into consideration in the context of a financial audit on the performance of certain research contracts concluded during the course of the sixth framework programme for research, technological development and demonstration activities - Refusal to grant access - Exception relating to the protection of the purpose of inspections, investigations and audits - Obligation to carry out a concrete and individual examination - Overriding public interest))

(2015/C 213/45)

Language of the case: French

Parties

Applicants: Technion — Israel Institute of Technology (Haifa, Israel); and Technion Research & Development Foundation Ltd (Haifa) (represented by: initially D. Grisay and D. Piccininno, then D. Grisay and C. Hartman, lawyers)

Defendant: European Commission (represented by: initially P. Costa de Oliveira and C. ten Dam, then F. Clotuche-Duvieusart, agents)

Re:

Action for annulment of the Commission’s Decision of 30 June 2011 refusing Technion — Israel Institute of Technology access to documents taken into consideration in the context of a financial audit on the performance of certain research contracts concluded during the course of the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006).

Operative part of the judgment

1. The action is dismissed;

2. Technion — Israel Institute of Technology and Technion Research & Development Foundation Ltd are ordered to pay the costs of the proceedings.

(1) OJ 2011 C 340, p. 27.
EN Official Journal of the European Union C 118/23

Judgment of the General Court of 26 February 2015 — Sabbagh v Council

(Case T-652/11) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Manifest error of assessment - Non-contractual liability))

(2015/C 118/30)

Language of the case: French

Parties

Applicant: Bassam Sabbagh (Damascus, Syria) (represented by: M.-A. Bastin and J.-M. Salva, lawyers)

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

Re:

Firstly, annulment in part of Council Implementing Regulation (EU) No 1151/2011 of 14 November 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 296, p. 3) and 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) and 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’s name has been included in the lists of persons and entities to which those restrictive measures apply and, secondly, an action for damages seeking compensation for the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Rejects as inadmissible the application for annulment of the Council Implementing Regulations later than the adoption 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;

2. Annuls, in so far as those acts concern Mr Bassam Sabbagh: — Council Implementing Regulation (EU) No 1151/2011 of 14 November 2011 implementing Regulation (EU) No 442/2011; — Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria and repealing Decision 2011/273/CFSP; — Regulation No 36/2012;

3. Orders the effects of the regulations annulled to be maintained with respect to Mr Sabbagh until the time-limit for an appeal has expired or, if an appeal is brought within that time-limit, until any dismissal of the appeal;

4. Dismisses the claim for compensation;

5. Orders the Council of the European Union to bear its own costs and to pay half of the costs incurred by Mr Sabbagh;

6. Orders Mr Sabbagh to bear half of his own costs.

(1) OJ C 58, 25.2.2012.
EN Official Journal of the European Union C 48/31

Judgment of the General Court of 16 December 2015 — Japan Airlines v Commission

(Case T-36/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/35)

Language of the case: English

Parties

Applicant: Japan Airlines Co. Ltd, formerly Japan Airlines International Co. Ltd (Tokyo, Japan) (represented by: J.-F. Bellis, K. Van Hove, lawyers, and R. Burton, Solicitor)

Defendant: European Commission (represented initially by N. von Lingen and S. Noë, subsequently by S. Noë, and J. Bourke, and finally by A. Dawes, acting as Agents, and by J. Holmes, Barrister)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight) and, in the alternative, for a reduction in the fine imposed on the applicant and on Japan Airlines Corp.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Japan Airlines Co. Ltd and Japan Airlines Corp.;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay those of Japan Airlines Co. Ltd.

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 389/25

Judgment of the General Court of 24 September 2015 — TV2/Danmark v Commission

(Case T-674/11) (1)

((State aid - Public broadcasting service - Decision declaring the aid compatible with the internal market - Aid implemented by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark - Public financing granted to compensate for costs inherent in the performance of public service obligations - Concept of aid - Altmark judgment))

(2015/C 389/25)

Language of the case: Danish

Parties

Applicant: TV2/Danmark A/S (Odense, Denmark) (represented by: O. Koktvedgaard, lawyer)

Defendant: European Commission (represented by: B. Stromsky, C. Støvlbæk and U. Nielsen, Agents)

Intervener in support of the applicant: Kingdom of Denmark (represented initially by C. Vang and V. Pasternak Jørgensen, Agents, then subsequently by V. Pasternak Jørgensen, assisted by K. Lundgaard Hansen, lawyer, and finally by C. Thorning, Agent, assisted by K. Lundgaard Hansen and R. Holdgaard, lawyers)

Intervener in support of the defendant: Viasat Broadocasting UK Ltd (West Drayton, United Kingdom) (represented by: S. Kalsmose-Hjelmborg and M. Honoré, lawyers)

Re:

Partial annulment of Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark (OJ 2011 L 340, p. 1).

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2011/839/EU of 20 April 2011 concerning Danish measures (C 2/03) in favour of TV2/Danmark in so far as the Commission found that the advertising revenues for the years 1995 and 1996 paid to TV2/Danmark through the TV2 Fund constituted State aid.

2. Dismisses the action as to the remainder.

3. Orders TV2/Danmark A/S to bear its own costs and to pay three-quarters of the costs incurred by the European Commission.

4. Orders the Commission to bear one-quarter of its costs.

5. Orders the Kingdom of Denmark and Viasat Broadcasting UK Ltd each to bear their respective costs.

(1) OJ C 80, 17.3.2012.