ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 32/24

Judgment of the General Court of 14 December 2011 — Häfele v OHIM (Mixfront)

(Case T-425/10) (1)

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

2012/C 32/47

Language of the case: German

Parties

Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: M. Eck and J. Dönch, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: S. Schäffner, subsequently by: R. Manea and finally by: A. Pohlmann, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 June 2010 (Case R 338/2010-1), concerning an application for registration of the word sign Mixfront as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Häfele GmbH & Co. KG to pay the costs.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 133/24

Judgment of the General Court of 21 March 2012 — Fulmen and Mahmoudian v Council

(Joined Cases T-439/10 and T-440/10) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Error of assessment - Burden and standard of proof)

2012/C 133/47

Language of the case: French

Parties

Applicants: Fulmen (Teheran, Iran) and Fereydoun Mahmoudian (Teheran) (represented by: A. Kronshagen, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: M. Konstantinidis and É. Cujo, acting as Agents)

Re:

Application for annulment of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), and Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), and Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), in so far as those measures concern the applicants, and, further, an application for recognition of the damage suffered by the applicants due to the adoption of the abovementioned measures.

Operative part of the judgment

The General Court:

1. annuls, in so far as they concern Fulmen and Mr Fereydoun Mahmoudian: — Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, — Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran, — Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 and — Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007;

2. orders the effects of Decision 2010/413, as amended by Decision 2010/644, to be maintained as regards Fulmen and Mr Mahmoudian until the annulment of Regulation No 961/2010 takes effect;

3. dismisses the action as to the remainder;

4. orders the Council of the European Union to bear its own costs and to pay the costs incurred by Fulmen and by Mr Mahmoudian;

5. orders the European Commission to bear its own costs.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 118/24

Judgment of the General Court of 6 March 2012 — Spain v Commission

(Case T-230/10) (1)

(EAGGF - Guarantee Section - Expenditure excluded from financing - Fruit and vegetables - Obligation to justify expenditure - Conditions for recognition of producer organisations)

2012/C 118/40

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented initially by M. Muñoz Pérez and A. Rubio González, and subsequently by Rubio González, lawyers)

Defendant: European Commission (represented by: F. Jimeno Fernández, Agent)

Re:

Application for partial annulment of Commission Decision 2010/152/EU of 11 March 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 63, p. 7), in so far as it excludes certain expenditure incurred by the Kingdom of Spain in the fruit and vegetables sector.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 200/13

Judgment of the General Court of 24 May 2012 — JBF RAK v Council

(Case T-555/10) (1)

(Subsidies - Imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates - Definitive countervailing duty and definite collection of provisional duty - Articles 11(8), 15(1) and 30(5) of Regulation (EC) No 597/2009 - Principle of sound administration)

2012/C 200/26

Language of the case: English

Parties

Applicant: JBF RAK LLC (Ras Al Khaimah, United Arab Emirates) (represented by: B. Servais, lawyer)

Defendant: Council of the European Union (represented by: B. Driessen, Agent, G. Berrisch, lawyer, and N. Chesaites, Barrister)

Intervener in support of the defendant: European Commission (represented by: H. van Vliet, M. França and G. Luengo, Agents)

Re:

Application for annulment of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (OJ 2010 L 254, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JBF RAK LLC to bear its own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 138/16

Judgment of the General Court of 28 March 2012 — Egan and Hackett v Parliament

(Case T-190/10) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Registers of assistants to former members of the European Parliament - Refusal of access - Exception relating to the protection of privacy and the integrity of the individual - Protection of individuals with regard to the processing of personal data - Regulation (EC) No 45/2001)

2012/C 138/29

Language of the case: English

Parties

Applicants: Kathleen Egan (Athboy, Ireland) and Margaret Hackett (Borris-in-Ossory, Ireland) (represented by: K. Neary, Solicitor, C. MacEochaidh, SC, and J. Goode, Barrister)

Defendant: European Parliament (represented by: N. Lorenz, N. Görlitz and D. Moore, Agents)

Intervener in support of the applicants: European Data Protection Supervisor (EDPS) (represented initially by H. Kranenborg and H. Hijmans, and subsequently by H. Kranenborg and I. Chatelier, Agents)

Re:

Application for annulment of the European Parliament’s decision of 12 February 2010 in so far as it refuses to grant the applicants the access sought to the public registers of assistants to former members of the European Parliament.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Parliament of 12 February 2010 in so far as it refuses to grant Kathleen Egan and Margaret Hackett the access requested to the public registers of assistants to former members of the European Parliament;

2. Orders the Parliament to pay the costs incurred by Mrs Egan and Mrs Hackett and to refund to the Court cashier the sums advanced by way of legal aid granted to Mrs Egan;

3. Orders the European Data Protection Supervisor (EDPS) to bear its own costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 250/13

Judgment of the General Court of 10 July 2012 — Interspeed v Commission

(Case T-587/10) (1)

(Non-contractual liability - External relations - Call for tenders issued by the EAR concerning work at the Preševo (Serbia) border crossing, the financing of the works and other connected measures - No causal link)

2012/C 250/24

Language of the case: Slovenian

Parties

Applicant: Holding kompanija Interspeed a.d. (Belgrade, Serbia) (represented by: M. Bošnjak, lawyer)

Defendant: EuropeanCommission (represented by: F. Erlbacher and B. Rous, Agents)

Re:

Application for the compensation of damage allegedly resulting from works carried out at the Preševo (Serbia) border crossing under a contract financed by the EAR.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Order Holding kompanija Interspeed a.d to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 227/18

Judgment of the General Court of 20 June 2012 — Kraft Foods Schweiz v OHIM — Compañía Nacional de Chocolates (CORONA)

(Case T-357/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark CORONA - Earlier national word marks KARUNA and KARŪNA - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009)

2012/C 227/27

Language of the case: English

Parties

Applicant: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland) (represented by: P. Péters and T. de Haan, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Compañia Nacional de Chocolates, SA (Medellín, Colombia) (represented by: I. Temiño Ceniceros, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 June 2010 (Case R 696/2009-4), relating to opposition proceedings between Kraft Foods Schweiz Holding GmbH and Compañia Nacional de Chocolates, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kraft Foods Schweiz Holding GmbH to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 355/23

Judgment of the General Court of 27 September 2012 — El Corte Inglés v OHIM — Pucci International (PUCCI)

(Case T-39/10) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark PUCCI - Earlier national figurative and word marks Emidio Tucci and E. TUCCI - Application for the earlier Community figurative mark Emidio Tucci - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009)

2012/C 355/48

Language of the case: English

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented initially by E. López Camba, J.L. Rivas Zurdo and E. Seijo Veiguela and, subsequently, by J.L. Rivas Zurdo and E. Seijo Veiguela, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Emilio Pucci International BV (Amsterdam, Netherlands), (represented by: P. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 October 2009 (Case R 173/2009-1), relating to opposition proceedings between El Corte Inglés, SA and Emilio Pucci International BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders El Corte Inglés, SA to pay the costs.

(1) OJ C 100, 17.4.2010.
Official Journal of the European Union

Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, beige and dark red)

(Case T-328/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, beige and dark red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)

(2012/C 331/32)

Language of the case: German

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 190/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, beige and dark red as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders V. Fraas GmbH to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 26/40

Judgment of the General Court of 6 December 2012 — Füller-Tomlinson v European Parliament

(Case T-390/10 P) (1)

(Appeal - Public service - Members of the temporary staff - Social security - Occupational disease - Fixing of the proportion of invalidity attributable to occupational disease - Application of the European Guide for Assessment, for medical purposes, of Physical and Mental Impairments - Distortion of the facts - Reasonable time-limit)

2013/C 26/76

Language of the case: French

Parties

Appellant: Paulette Füller-Tomlinson (Brussels, Belgium) (represented by: L. Levi, lawyer)

Other party to the proceedings: European Parliament (represented by: K. Zejdová and S. Seyr, acting as Agents)

Re:

Appeal against the judgment of the European Civil Service Tribunal (Third Chamber) of 1 July 2010 in Case F-97/08 Füller-Tomlinson v European Parliament [2010] ECR-SC I-A-1-0000 and II-A-1-0000 seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Paulette Füller-Tomlinson to bear her own costs and to pay those incurred by the European Parliament in the course of the present proceedings.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 373/6

Judgment of the General Court of 17 October 2012 — MIP Metro v OHIM — J. C. Ribeiro (MISS B)

(Case T-485/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MISS B - Earlier national word mark miss H - Earlier international word mark Miss H - Earlier national and international figurative marks Miss H. - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 373/09

Language of the case: Portuguese

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and P. Guimarães, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: J. C. Ribeiro, SGPS, SA (Vergada, Portugal) (represented by: A. Freire Pinto, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2010 (Case R 1526/2009-1) concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and J. C. Ribeiro, SGPS, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs and to pay the costs incurred by OHIM;

3. Orders J. C. Ribeiro, SGPS, SA to pay its own costs.

(1) OJ C 346, 18.12.2010.
EN Official Journal of the European Union C 129/16

Judgment of the General Court of 20 March 2013 — Nexans France v Joint Undertaking Fusion for Energy

(Case T-415/10) (1)

(Public supply contracts - Euratom - Public procurement procedure of the Joint Undertaking Fusion for Energy - Supply of electrical equipment - Rejection of a tenderer’s bid - Open procedure - Bid containing reservations - Legal certainty - Legitimate expectation - Proportionality - Conflict of interests - Awarding decision - Action for annulment - Not directly concerned - Inadmissibility - Non-contractual liability)

2013/C 129/30

Language of the case: French

Parties

Applicant: Nexans France (Paris, France) (represented by: J.-P. Tran Thiet, J.-F. Le Corre and M. Pigeat, lawyers)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (Barcelona, Spain) (represented by: A. Verpont, acting as Agent, and C. Kennedy-Loest, T. Christopher, Solicitors, J. Derenne, N. Pourbaix, lawyers, and M. Farley, Solicitor)

Re:

Firstly, annulment of the decision rejecting the bid submitted by the applicant and the decision to award the contract to another tenderer and, secondly, a claim for compensation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nexans France to pay the costs, including those of the interim proceedings.

(1) OJ C 301, 6.11.2010.
EN Official Journal of the European Union C 108/21

Judgment of the General Court of 21 February 2013 — Esge v OHIM — De’Longhi Benelux (KMIX)

(Case T-444/10) (1)

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

2013/C 108/57

Language of the case: English

Parties

Applicant: Esge AG (Bussnang, Switzerland) (represented by: J. Klink, 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: De’Longhi Benelux SA, formerly Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg) (represented by: P. Strickland, Solicitor, and L. St. Ville, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 July 2010 (Case R 1249/2009-2), concerning opposition proceedings between Esge AG and Kenwood Appliances Luxembourg SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Esge AG to pay the costs.

(1) OJ C 317, 20.11.2010.
EN Official Journal of the European Union C 225/63

Judgment of the General Court of 30 May 2013 — DHL International v OHIM — Service Point Solutions (SERVICEPOINT)

(Case T-218/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SERVICEPOINT - Earlier Community marks ServicePoint and earlier national marks - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009)

2013/C 225/140

Language of the case: German

Parties

Applicant: DHL International (Bonn, Germany) (represented: initially by K.-U. Jonas and J. Bogatz, then M. Viefhues, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Service Point Solutions, SA (Barcelona, Spain) (represented: initially by E. Zamora Martinez, then C. Osterrieth, T. Schmitz and A. Doepner, and finally I. Valdelomar Serrano, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 February 2012 (Case R 62/2009-2) relating to opposition proceedings between Service Point Solutions, SA and SHL Operations BV.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders DHL International GmbH to pay the costs.

(1) OJ C 195, 17.7.2010.
EN Official Journal of the European Union C 114/31

Judgment of the General Court of 7 March 2013 — Cindu Chemicals and Others v ECHA

(Case T-95/10) (1)

(REACH - Identification of anthracene oil, anthracene low as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)

2013/C 114/48

Language of the case: English

Parties

Applicants: Cindu Chemicals BV (Uithoorn, Netherlands), Deza, a.s. (Valašske Meziříčí, Czech Republic), Koppers Denmark A/S (Nyborg, Denmark) and Koppers UK Ltd (Scunthorpe, United Kingdom) (represented initially by: K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)

Intervener in support of the defendant: European Commission (represented initially by: P. Oliver and G. Wilms, subsequently by P. Oliver and E. Manhaeve, acting as Agents, assisted by K. Sawyer, barrister, and thereafter by P. Oliver and E. Manhaeve)

Re:

Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil, anthracene low (EC No 292-604-8) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, in accordance with Article 59 of REACH.

Operative part of the judgment

The Court:

1. Dismisses the action

2. Orders Cindu Chemicals BV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay, in addition to their own costs, the costs incurred by the European Chemicals Agency (ECHA);

3. Declares that the European Commission is to bear its own costs.

(1) OJ C 113, 1.5.2010.