ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 22/25

Judgment of the General Court of 30 November 2016 — Automobile Club di Brescia v EUIPO — Rebel Media (e-miglia)

(Case T-458/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark e-miglia - Earlier EU word marks MILLE MIGLIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 022/32)

Language of the case: English

Parties

Applicant: Automobile Club di Brescia (Brescia, Italy) (represented by: F. Celluprica and F. Fischetti, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rebel Media Ltd (Wilmslow, United Kingdom) (represented by: P. Schotthöfer and F. Steiner, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 June 2015 (Case R 1990/2014-5), relating to opposition proceedings between Automobile Club di Brescia and Rebel Media.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the cross-claim;

3. Orders Automobile Club di Brescia and Rebel Media Ltd to bear their own costs and each pay half of the costs of EUIPO.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 78/25

Judgment of the General Court of 26 January 2017 –GGP Italy v Commission

(Case T-474/15) (1)

((Protection of the health and safety of consumers and workers - Directive 2006/42/EC - Safeguard clause - National measure of withdrawal from the market and prohibition of placing on the market of a lawn mower - Requirements concerning protective devices - Successive versions of a harmonised standard - Legal certainty - Commission Decision declaring the measure justified - Error of law))

(2017/C 078/33)

Language of the case: Italian

Parties

Applicant: Global Garden Products Italy SpA (GGP Italy) (Castelfranco Veneto, Italy) (represented by: A. Villani, L. D’Amario and M. Caccialanza, lawyers)

Defendant: European Commission (represented initially by G. Braga da Cruz and L. Cappelletti, and subsequently by G. Braga da Cruz and C. Zadra, acting as Agents)

Intervener in support of the defendant: Republic of Latvia (represented by: I. Kalniņš and D. Pelše, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawn mower manufactured by GGP Italy SpA (OJ 2015 L 147, p. 22).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawnmower manufactured by GGP Italy SpA;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay those incurred by Global Garden Products Italy SpA (GGP Italy) in the present proceedings and in the interlocutory proceedings;

4. Orders the Republic of Latvia to bear its own costs.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 63/26

Judgment of the General Court of 17 January 2017 — Cofely Solelec and Others v Parliament

(Case T-419/15) (1)

((Public works contracts - Procurement procedure - Extension and renovation of the Konrad Adenauer building in Luxembourg - Annulment of the procurement procedure - Obligation to state reasons - Market value - Manifest error of assessment))

(2017/C 063/35)

Language of the case: French

Parties

Applicants: Cofely Solelec (Esch-sur-Alzette, Luxembourg), Mannelli & Associés SA (Bertrange, Luxembourg), Cofely Fabricom (Brussels, Belgium) (represented by: S. Marx, lawyer)

Defendant: European Parliament (represented by: L. Chrétien and M. Mraz, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of the decisions contained in the letters with references D(2015)24297 and D(2015).28116 from the European Parliament’s Directorate-General for Infrastructure and Logistics, respectively of 29 May and 11 June 2015, notifying the applicants of the annulment of the procurement procedure INLO-D-UPIL-T-14-A04 for the award of Lot No 75, entitled ‘electricity — power’ for the project to extend and modernise the Konrad Adenauer building in Luxembourg (Luxembourg).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Cofely Solelec, Mannelli & Associés SA and Cofely Fabricom to pay the costs.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 112/34

Judgment of the General Court of 17 February 2017 — Hernández Zamora v EUIPO — Rosen Tantau (Paloma)

(Case T-369/15) (1)

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

(2017/C 112/46)

Language of the case: English

Parties

Applicant: Hernández Zamora, SA (Murcia, Spain) (represented by: J.L. Rivas Zurdo and I. Munilla Muños, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rosen Tantau KG (Uetersen, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 April 2015 (Case R 1697/2014-2), relating to opposition proceedings between Hernández Zamora and Rosen Tantau.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hernández Zamora, SA to pay the costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 86/24

Judgment of the General Court of 3 February 2017 — Kessel medintim v EUIPO — Janssen-Cilag (Premeno)

(Case T-509/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Premeno - Earlier national word mark Pramino - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Decision taken following the annulment by the General Court of an earlier decision - Right to be heard - Article 75 of Regulation No 207/2009))

(2017/C 086/32)

Language of the case: German

Parties

Applicant: Kessel medintim GmbH (Mörfelden-Walldorf, Germany) (represented by: A. Jacob and U. Staudenmaier, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Janssen-Cilag GmbH (Neuss, Germany) (represented by: M. Wenz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 July 2015 (Case R 349/2015-4), relating to opposition proceedings between Janseen-Cilag and Kessel medintim.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kessel medintim GmbH to pay the costs.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 129/17

Judgment of the General Court of 14 March 2017 — Bank Tejarat v Council

(Case T-346/15) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Re-listing of the applicant - Obligation to state reasons - Manifest error of assessment - Res judicata - Misuse of powers - Fundamental rights))

(2017/C 129/28)

Language of the case: English

Parties

Applicant: Bank Tejarat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, A. Meskarian, Solicitors, M. Brindle QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union (represented by: M. Bishop and A. Vitro, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/556 of 7 April 2015 amending Council Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 92, p. 101), and of Council Implementing Regulation (EU) 2015/549 of 7 April 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 92, p. 12), in so far as they concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bank Tejarat to pay the costs.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 195/18

Judgment of the General Court of 28 April 2017 — Gameart v Commission

(Case T-264/15) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure for failure to fulfil obligations - Documents drawn up by a Member State - Request for access to documents made to the Member State - Request forwarded to the Commission - Refusal of access - Competence of the Commission - Document originating from an institution - Article 5 of Regulation (EC) No 1049/2001))

(2017/C 195/24)

Language of the case: Polish

Parties

Applicant: Gameart sp. z o.o. (Bielsko-Biała, Poland) (represented by: P. Hoffman, lawyer)

Defendant: European Commission (represented by: J. Hottiaux, A. Buchet and M. Konstantinidis, acting as Agents)

Interveners in support of the defendant: Republic of Poland (represented by: B. Majczyna, M. Kamejsza and M. Pawlicka, acting as Agents), European Parliament (represented by: D. Warin and A. Pospíšilová Padowska, acting as Agents) and Council of the European Union (represented initially by J.-B. Laignelot, K. Pleśniak and E. Rebasti, and subsequently by J.-B. Laignelot and E. Rebasti, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of the decision of the Commission of 18 February 2015 in so far as it refused the request for access to documents drawn up by the Republic of Poland, a request which was forwarded to it by the Republic of Poland on the basis of the second paragraph of Article 5 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 18 February 2015 in so far as it refused a request for access to documents drawn up by the Republic of Poland, a request which was forwarded to it by the Republic of Poland on the basis of the second paragraph of Article 5 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;

2. Orders the Commission to pay the costs;

3. Orders the Republic of Poland, the Council of the European Union and the European Parliament to bear their own costs.

(1) OJ C 254, 3.8.2015.
EN Official Journal of the European Union C 161/23

Judgment of the General Court of 5 April 2017 — France v Commission

(Case T-344/15) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents sent under the procedure laid down in Directive 98/34/EC - Documents originating from a Member State - Access granted - Exception for the protection of court proceedings - Exception for the protection of the purpose of inspections, investigations or audits - Prior agreement of the Member State))

(2017/C 161/31)

Language of the case: French

Parties

Applicant: French Republic (represented initially by F. Alabrune, G. de Bergues, D. Colas and F. Fize, and subsequently by D. Colas and B. Fodda, and then by D. Colas, B. Fodda and E. de Moustier, acting as Agents)

Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Intervener in support of the applicant: Czech Republic (represented by: M. Smolek, T. Müller and J. Vláčil, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of Commission Decision Ares (2015) 1681819 of 21 April 2015, granting to a citizen access to documents sent by the French Republic in accordance with the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 204, p. 37).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to pay the costs, including those relating to the action for interim measures;

3. Orders the Czech Republic to bear its own costs.

(1) OJ C 270, 17.8.2015.
EN Official Journal of the European Union C 256/20

Judgment of the General Court of 27 June 2017 — Flamagas v EUIPO — MatMind (CLIPPER)

(Case T-580/15) (1)

((EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a lighter with a lateral fin, featuring the word element CLIPPER - Shape necessary to obtain a technical result - No distinctive character - Article 7(1)(b) and (e)(ii) of Regulation (EC) No 207/2009 - No description of the mark in the application for registration))

(2017/C 256/20)

Language of the case: English

Parties

Applicant: Flamagas, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, G. Hinarejos Mulliez and D. Gabarre Armengol, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being: MatMind Srl (Rome, Italy) (represented by: G. Cipriani and M. Cavattoni, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 30 July 2015 (Case R 924/2013-1) relating to invalidity proceedings between MatMind and Flamagas.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Flamagas, SA to pay the costs.

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 221/19

Judgment of the General Court of 16 May 2017 — Agria Polska and Others v Commission

(Case T-480/15) (1)

((Competition - Agreements, decisions and concerted practices - Abuse of dominant position - Distribution of plant protection products market - Decision to reject a complaint - Alleged anticompetitive behaviour of producers and distributors - Concerted or coordinated action of lodging complaints, by producers and distributors, before administrative and criminal authorities - Reporting alleged infringements of the applicable rules by parallel importers - Administrative inspections subsequently carried out by the administrative authorities - Imposition of administrative and criminal penalties by national authorities on parallel importers - Assimilation of complaints by producers and distributors to vexatious actions or abuses of administrative procedures - Lack of European Union interest - Right to effective judicial protection))

(2017/C 221/24)

Language of the case: Polish

Parties

Applicants: Agria Polska sp. z o.o., (Sosnowiec, Poland), Agria Chemicals Poland sp. z o.o., (Sosnowiec), Star Agro Analyse und Handels GmbH (Allerheiligen bei Wildon, Austria) and Agria Beteiligungsgesellschaft mbH (Allerheiligen bei Wildon) (represented initially by S. Dudzik and J. Budzik, and subsequently by P. Graczyk and W. Rocławski, lawyers,)

Defendant: European Commission (represented by: J. Szczodrowski, A. Dawes and J. Norris Usher, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Decision C(2015) 4284 final of 19 June 2015 (Case AT.39864 — BASF (formerly AGRIA and Others v BASF and Others)), rejecting the applicants’ complaint concerning infringements of Article 101 and/or Article 102 TFEU allegedly committed, essentially, by 13 producers and distributors of plant protection products, with the assistance or through four professional organisations and a law firm.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agria Polska sp. z o.o., Agria Chemicals Poland sp. z o.o., Star Agro Analyse und Handels GmbH and Agria Beteiligungsgesellschaft mbH to pay the costs.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 293/29

Judgment of the General Court of 20 July 2017 — Spain v Commission

(Case T-143/15) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Spain - Decoupled direct aid in the claim years 2008 and 2009 - Failings in the control system - Assessment of control samples - Burden of proof - Aid for rural development in the Autonomous Community of Castilla y León in the claim years 2009 and 2010 - On-the-spot checks - Key controls - Proportionality))

(2017/C 293/33)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Sampol Pucurull and M.J. García-Valdecasas Dorrego, acting as Agents)

Defendant: European Commission (represented by: D. Triantafyllou and I. Galindo Martín, acting as Agents)

Re:

Application under Article 263 TFEU for partial annulment of Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2015 L 16, p. 33).

Operative part of the judgment

The General Court:

1. Annuls Commission Implementing Decision (EU) 2015/103 of 16 January 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it concerns the financial correction imposed on the Kingdom of Spain following inquiry AA/2009/007/ES for the claim year 2009;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 178, 1.6.2015.
EN Official Journal of the European Union C 277/35

Judgment of the General Court of 28 June 2017 — Josel v EUIPO — Nationale-Nederlanden Nederland (NN)

(Case T-333/15) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark NN - Earlier national word mark NN - Relative ground for refusal - Lack of genuine use of the earlier mark - Articles 15(1)(a) and 42(2) of Regulation (EC) No 207/2009 - Form differing by elements altering the distinctive character))

(2017/C 277/51)

Language of the case: English

Parties

Applicant: Josel, SL (Barcelona, Spain) (represented: initially by J.L. Rivas Zurdo, and subsequently by J. Güell Serra, lawyers)

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, intervener before the General Court: Nationale-Nederlanden Nederland BV (The Hague, Netherlands) (represented: initially by E. Morée and A. Janssen, and subsequently by A. Janssen, R. Sjoerdsma and C. Jehoram, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2015 (Case R 1531/2014-4), relating to opposition proceedings between Josel and Nationale-Nederlanden Nederland.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 10.8.2015.
EN Official Journal of the European Union C 392/19

Judgment of the General Court of 5 October 2017 — Ben Ali v Council

(Case T-149/15) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Action for annulment - Admissibility - Legal basis - Reinclusion of the applicant’s name on the basis of new grounds - Obligation to state reasons - Factual basis - Right to property - Proportionality))

(2017/C 392/23)

Language of the case: English

Parties

Applicant: Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali (Tunis, Tunisia) (represented by: S. Maktouf, lawyer)

Defendant: Council of the European Union (represented: initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera San Miguel Hurtado, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29) and Council Implementing Regulation (EU) 2015/147 of 30 January 2015 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia (OJ 2015 L 26, p. 3), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sirine Bent Zine El Abidine Ben Haj Hamda Ben Ali to bear her own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 262, 10.8.2015.
EN Official Journal of the European Union C 374/28

Judgment of the General Court of 22 September 2017 — Nara Tekstil Sanayi Ve Ticaret v EUIPO — NBC Fourth Realty Corp (NaraMaxx)

(Case T-586/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark NaraMaxx - Earlier national word mark MAXX - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 374/42)

Language of the case: English

Parties

Applicant: Nara Tekstil Sanayi Ve Ticaret Anonim Sirketi (Osmangazi-Bursa, Turkey) (represented by: M. López Camba and L. Monzón de la Flor, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: NBC Fourth Realty Corp. (North Las Vegas, Nevada, United States) (represented: initially by D. Stone and A. Dykes, and subsequently by A. Smith, Solicitors, and S. Malynicz QC)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 July 2015 (Case R 1073/2014-4), relating to opposition proceedings between NBC Fourth Realty and Nara Tekstil Sanayi Ve Ticaret

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nara Tekstil Sanayi Ve Ticaret Anonim Sirketi to pay the costs.

(1) OJ C 406, 7.12.2015.
EN Official Journal of the European Union C 13/12

Judgment of the General Court of 20 November 2017 — Petrov and Others v Parliament

(Case T-452/15) (1)

((Member of the European Parliament - Refusal of access to the buildings of the Parliament - Third-country national - Article 21 of the Charter of Fundamental Rights - Discrimination on grounds of ethnic origin - Discrimination on grounds of nationality - Admissibility of a plea - Discrimination on grounds of political opinions - Equal treatment - Misuse of powers))

(2018/C 013/21)

Language of the case: German

Parties

Applicants: Andrei Petrov (Saint Petersburg, Russia), Fedor Biryukov, (Moscow, Russia) and Alexander Sotnichenko (Saint Petersburg) (represented by: P. Richter, lawyer)

Defendant: European Parliament (represented by: N. Görlitz and M. Windisch, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of the Parliament’s decision of 16 June 2015 refusing the applicants access to its premises.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Messrs Andrei Petrov, Fedor Biryukovand and Alexander Sotnichenko to bear their own costs and to pay those incurred by the European Parliament.

(1) OJ C 363, 3.11.2015.