ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 205/35

Judgment of the Court of First Instance of 8 July 2009 — Commission v Atlantic Energy

(Case T-182/08) (1)

(Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default)

2009/C 205/63

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: initially A.-M. Rouchaud-Joët and S. Lejeune, and subsequently A.-M. Rouchaud-Joët and F. Mirza, Agents, and M. Jarvis, Barrister)

Defendant: Atlantic Energy Ltd (Truro, Cornwall, United Kingdom)

Re:

Action brought by the Commission under Article 238 EC for reimbursement of an advance paid by the European Community, together with interest, under contract BU 183/95 UK/AT.

Operative part of the judgment

The Court:

1. Orders Atlantic Energy Ltd to reimburse to the Commission of the European Communities the principal sum of EUR 226 010, together with the interest provided for under Article 23.1 of the general conditions of contract BU 183/95 UK/AT in respect of the periods between 1 June 1996 and 28 February 2002 and between 16 July 2002 and 31 May 2008, less the sum of EUR 3 610,53, the final sum being increased by the interest provided for under the abovementioned Article 23.1 of the general conditions as from 1 June 2008 until the debt is discharged in full.

2. Orders Atlantic Energy to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 24/50

Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM

(Case T-484/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Kids Vits - Earlier Community word mark VITS4KIDS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 24/87

Language of the case: German

Parties

Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Merck KGaA (Darmstadt, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA and Longevity Health Products, Inc.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Longevity Health Products, Inc. to pay the costs.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 312/28

Judgment of the Court of First Instance of 11 November 2009 — REWE-Zentral v OHIM — Aldi Einkauf (Clina)

(Case T-150/08) (1)

(Community trade mark - Opposition Proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 312/45

Language of the case: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey, A. Bognár and S. Schäffler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders REWE-Zentral AG to pay the costs.

(1) OJ C 158, of 21.6.2008.
EN Official Journal of the European Union C 134/31

Judgment of the General Court of 25 March 2010 — Nestlé v OHIM — Master Beverage Industries (Golden Eagle and Golden Eagle Deluxe)

(Joined Cases T-5/08 to T-7/08) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community marks Golden Eagle and Golden Eagle Deluxe - Earlier international and national figurative marks representing a mug and coffee beans - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 134/51

Language of the case: English

Parties

Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by A. von Mühlendahl, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Master Beverage Industries Pte Ltd (Singapore, Singapore) (represented by N. Clarembeaux, D. Vervaet and P. Maeyaert, lawyers)

Re:

Actions brought against three decisions of the Second Board of Appeal of OHIM of 1 October 2007 (Cases R 563/2006-2, R 568/2006-2 and R 1312/2006-2) concerning opposition proceedings between Société des produits Nestlé SA and Master Beverage Industries Pte Ltd.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 October 2007 (Cases R 563/2006-2, R 568/2006-2 and R 1312/2006-2);

2. Dismisses the actions as to the remainder;

3. Orders OHIM and Master Beverage Industries Pte Ltd to bear their own costs and pay those incurred by Société des produits Nestlé SA.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 100/38

Judgment of the General Court of 2 March 2010 — Doktor v Council

(Case T-248/08 P) (1)

(Appeal - Staff case - Officials - Recruitment - Probationary period - Continuation of probationary period - Report at the end of the probationary period - Article 34 of the Staff Regulations - Distortion of facts and evidence - Obligation on the Civil Service Tribunal to state reasons)

2010/C 100/59

Language of the case: French

Parties

Appellant: František Doktor (Bratislava, Slovakia) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Council of the European Union (represented by: M. Vitsentzatos and M. Bauer, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 16 April 2008 in Case F-73/07 Doktor v Council, not yet published in the ECR, and seeking, first, annulment of that judgment and, second, damages

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr František Doktor and the Council of the European Union to bear their own costs incurred in connection with the appeal.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 209/37

Judgment of the General Court of 22 June 2010 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS)

(Case T-563/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CARBON CAPITAL MARKETS - Earlier Community and national figurative marks CM Capital Markets - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 209/56

Language of the case: English

Parties

Applicant: CM Capital Markets Holding, SA (Madrid, Spain) (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Carbon Capital Markets Ltd (Oxford, United Kingdom) (represented by: E. Hardcastle, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 September 2008 (Case R 15/2008-1) concerning opposition proceedings between CM Capital Markets Holding, SA and Carbon Capital Markets Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CM Capital Markets Holding, SA to pay the costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 179/34

Judgment of the General Court of 19 May 2010 — Tay Za v Council

(Case T-181/08) (1)

(Common foreign and security policy - Restrictive measures against Myanmar - Freezing of funds - Action for annulment - Joint legal basis of Articles 60 EC and 301 EC - Obligation to state the reasons on which a decision is based - Rights of the defence - Right to effective judicial review - Right to respect for property - Proportionality)

2010/C 179/58

Language of the case: English

Parties

Applicant: Pye Phyo Tay Za (Yangon, Myanmar) (represented by: D. Anderson QC, M. Lester, Barrister, and G. Martin, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer, acting as Agent, and subsequently by I. Rao, acting as Agent, and by D. Beard, Barrister); and European Commission (represented by: A. Bordes, P. Aalto and S. Boelaert, Agents)

Re:

Application for annulment of Council Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (OJ 2008 L 66, p. 1), in so far as the applicant’s name appears on the list of persons, entities or bodies to which the regulation applies.

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders Pye Phyo Tay Za to bear his own costs and to pay those incurred by the Council of the European Union.

3. Orders the United Kingdom of Great Britain and Northern Ireland and the European Commission to bear their own costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 234/34

Judgment of the General Court of 9 July 2010 — Grain Millers v OHIM — Grain Millers (GRAIN MILLERS)

(Case T-430/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GRAIN MILLERS - Earlier national business name Grain Millers and its figurative representation - Partial refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))

2010/C 234/59

Language of the case: English

Parties

Applicant: Grain Millers, Inc. (Eden Prairie, Minnesota, United States) (represented by: L.-E. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Grain Millers GmbH & Co. KG (Bremen, Germany) (R. Böckenholt, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 478/2007-2), concerning opposition proceedings between Grain Millers GmbH & Co. KG and Grain Millers, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Grain Millers, Inc. to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 221/37

Judgment of the General Court of 1 July 2010 — Cementir Italia v Commission

(Case T-63/08) (1)

(State aid - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market and ordering its recovery - Concept of advantage - Principle of the protection of legitimate expectations - Aid measure put into effect)

2010/C 221/59

Language of the case: Italian

Parties

Applicant: Cementir Italia Srl (Rome, Italy) (represented by: T. Salonico, G. Pellegrino, G. Pellegrino and G. Barone, lawyers)

Defendant: European Commission (represented by: C. Giolito and G. Conte, agents)

Re:

Application for annulment of Decision 2008/408/EC of the Commission of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37)

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders Cementir Italia Srl to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 301/25

Judgment of the General Court of 13 September 2010 — Travel Service v OHIM — Eurowings Luftverkehrs (smartWings)

(Case T-72/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark smartWings - Earlier national and international word and figurative marks EUROWINGS and EuroWings - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state the reasons on which the decision is based - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009))

2010/C 301/40

Language of the case: English

Parties

Applicant: Travel Service a.s. (Prague, Czech Republic) (represented by: S. Hejdová and R. Charvát, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Eurowings Luftverkehrs AG (Nuremberg, Germany) (represented by: J. Schmidt, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 November 2007 (Case R 1515/2006-2), relating to opposition proceedings between Eurowings Luftverkehrs AG and Travel Service a.s.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Travel Service a.s. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Eurowings Luftverkehrs AG.

(1) OJ C 107, 26.4.2008.
Official Journal of the European Union

Judgment of the General Court of 9 September 2010 — Nadine Trautwein Rolf Trautwein v OHIM (Hunter)

(Case T-505/08) (1)

(Community trade mark - Application for Community word mark Hunter - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) - Restriction of the goods designated in the trade mark application)

(2010/C 288/69)

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshohe, Germany) (represented by: C. Czychowski, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 September 2008, as corrected on 5 February 2009 (Case R 1733/2007-1), concerning an application for registration as a Community trade mark of the word sign Hunter.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 30/35

Judgment of the General Court of 7 December 2010 — Commission v Commune de Valbonne

(Case T-238/08) (1)

(Arbitration clause - Research and training contract relating to a mutual education project between the city of Valbonne (France) and the province of Ascoli Piceno (Italy) - Application for reimbursement of advance payments)

2011/C 30/61

Language of the case: French

Parties

Applicant: European Commission (represented by: initially, L. Escobar Guerrero, and subsequently, F. Dintilhac and A. Sauka, agents, and E. Bouttier, lawyer)

Defendant: Commune de Valbonne (France) (represented by: B. Rapp-Jung, lawyer)

Re:

Action based on an arbitration clause in accordance with Article 238 EC seeking an order that the Commune de Valbonne reimburse advance payments made by the European Commission, together with late-payment interest, in connection with Contract Valaspi MM 1027 of 29 December 1997.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the European Commission to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 328/28

Judgment of the General Court of 12 October 2010 — Asenbaum v OHIM (WIENER WERKSTÄTTE)

(Joined Cases T-230/08 and T-231/08) (1)

(Community trade mark - Applications for Community word mark WIENER WERKSTÄTTE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 328/47

Language of the case: German

Parties

Applicant: Paul Asenbaum (Vienna, Austria) (represented by: P. Vögel and E. Ploil, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 April 2008 (Cases R 1573/2006-4 and R 1571/2006-4) concerning two applications for registration of the word sign WIENER WERKSTÄTTE as a Community trade mark.

Operative part of the judgment

The Court:

1. Orders that Cases T-230/08 and T-231/08 shall be joined for the purposes of the judgment;

2. Dismisses the actions.

3. Orders Mr Asenbaum to pay the costs.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 152/19

Judgment of the General Court of 7 April 2011 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)

(Case T-84/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark COMIT - Earlier national figurative mark Comet - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(3) of Regulation (EC) No 216/96)

2011/C 152/33

Language of the case: English

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by R. Kaase, J.-C. Plate and M. Berger, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 December 2007 (Case R 138/2006-4), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Intesa Sanpaolo SpA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 December 2007 (Case R 138/2006-4) to the extent that it dismisses the claim made by Intesa Sanpaolo SpA in respect of the goods in Class 16;

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs, together with half of the costs incurred by Intesa Sanpaolo;

4. Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 46/9

Judgment of the General Court of 16 December 2010 — Fidelio v OHIM (Hallux)

(Case T-286/08) (1)

(Community trade mark - Application for Community word mark Hallux - Absolute ground for refusal - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2011/C 46/13

Language of the case: German

Parties

Applicant: Fidelio KG (Linz, Austria) (represented by: M. Gail, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2008 (Case R 632/2007-4) relating to registration of the word sign ‘Hallux’as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fidelio KG to pay the costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 238/14

Judgment of the General Court of 7 July 2011 — Longinidis v Cedefop

(Case T-283/08) (1)

(Appeal - Staff case - Members of the temporary staff - Contract for an indefinite period - Dismissal - Statement of reasons - Manifest error of assessment - Rights of the defence)

2011/C 238/20

Language of the case: Greek

Parties

Appellant: Pavlos Longinidis (Thessaloniki, Greece) (represented initially by: P. Giatagantzidis and S. Stavopoulou, later by: P. Giatagantzidis and K. Kyriazi, lawyers)

Other party to the proceedings: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, Agent, assisted by P. Anestis, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal (Second Chamber) of 24 April 2008 in Case F-74/06 Longinidis v Cedefop (not yet published in the ECR) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Pavlos Longinidis to bear his own costs and to pay the costs incurred by the European Centre for the Development of Vocational Training in the present instance.

(1) OJ C 272, 25.10.2008, corrigendum OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 194/13

Judgment of the General Court of 18 May 2011 — Habanos v OHIM — Tabacos de Centroamérica (KIOWA)

(Case T-207/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark KIOWA - Earlier Community and national figurative marks COHIBA - Relative ground for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 194/18

Language of the case: Spanish

Parties

Applicant: Corporación Habanos, SA (Havana, Cuba) (represented initially by V. Gil Vega and A. Ruiz López, and subsequently by A. Ruiz López, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Tabacos de Centroamérica, SL (Pozuelo de Alarcón, Spain) (represented by: R.M. Caldés Llopis, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 March 2008 (Case R 1189/2007-2) relating to opposition proceedings between Corporación Habanos, SA and Tabacos de Centroamérica, SL.

Operative part of the judgment

1. The action is dismissed;

2. Corporación Habanos, SA is ordered to bear its own costs and pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Tabacos de Centroamérica, SL is ordered to bear its own costs.

(1) OJ C 209, 15.08.2008.