ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 252/30

Judgment of the General Court of 11 July 2013 — Think Schuhwerk v OHIM (Red shoelace end caps)

(Case T-208/12) (1)

(Community trade mark - Application for a Community trade mark - Red shoelace end caps - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Procedure by default)

2013/C 252/49

Language of the case: German

Parties

Applicant: Think Schuhwerk GmbH (Kopfing, Austria) (represented by: M. Gail, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 February 2012 (Case R 1552/2011-1), concerning an application for registration as a Community trade mark of a sign consisting of red shoelace end caps

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Think Schuhwerk GmbH to bear its own costs.

(1) OJ C 209, 14.7.2012.
EN Official Journal of the European Union C 15/15

Judgment of the General Court of 28 November 2013 — Gaumina v EIGE

(Case T-424/12) (1)

(Public service contracts - Tender procedure - Provision of services to support the communication activities of the EIGE - Rejection of a tender - Obligation to state reasons)

2014/C 15/21

Language of the case: Lithuanian

Parties

Applicant: Gaumina UAB (Vilnius, Lithuania) (represented by: S. Aviža and D. Soloveičikas, lawyers)

Defendant: European Institute for Gender Equality (EIGE) (represented by: V. Langbakk, acting as Agent, and by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

Application for annulment of the decision of the EIGE of 26 July 2012 to reject the tender of the applicant in tender procedure No EIGE/2012/ADM/13.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Institute for Gender Equality (EIGE) of 26 July 2012 to reject the tender of Gaumina UAB in tender procedure No EIGE/2012/ADM/13;

2. Orders the EIGE to bear its own costs and to pay those incurred by Gaumina.

(1) OJ C 373, 1.12.2012.
EN Official Journal of the European Union C 367/27

Judgment of the General Court of 5 November 2013 — Capitalizaciones Mercantiles v OHIM — Leineweber (X)

(Case T-378/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark X - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 367/49

Language of the case: Spanish

Parties

Applicant: Capitalizaciones Mercantiles Ltda (Bogota, Colombia) (represented by: J. Devaureix and L. Montoya Terán, 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: Leineweber GmbH & Co. KG (Herford, Germany) (represented by: S. Jackermeier and D. Wiedemann, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2012 (Case R 1524/2011-1) concerning opposition proceedings between Leineweber GmbH & Co. KG and Capitalizaciones Mercantiles Ltda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Capitalizaciones Mercantiles Ltda to pay the costs.

(1) OJ C 366, 24.11.2012.
EN Official Journal of the European Union C 52/36

Judgment of the General Court of 16 January 2014 — Optilingua v OHIM — Esposito (ALPHATRAD)

(Case T-538/12) (1)

(Community trade mark - Revocation proceedings - Community figurative mark - Genuine use of the mark - Extent of the use - Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009)

2014/C 52/69

Language of the case: French

Parties

Applicant: Optilingua Holding SA (Épalingues, Switzerland) (represented by: S. Rizzo, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Michele Esposito (Cava de' Tirreni, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2012 (Case R 444/2011-1) relating to revocation proceedings between Mr Michele Esposito and Optilingua Holding SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Optilingua Holding SA to pay the costs.

(1) OJ C 38, 9.2.2013.
EN Official Journal of the European Union C 39/18

Judgment of the General Court of 12 December 2013 — Sweet Tec v OHIM (Shape of an oval)

(Case T-156/12) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of an oval - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2)

2014/C 39/30

Language of the case: German

Parties

Applicant: Sweet Tec GmbH (Boizenburg, Germany) (represented by: T. Nägele, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 542/2011-1) concerning an application for registration of a three-dimensional sign in the shape of an oval as a Community trade mark.

Operative part of the judgment

The Court:

1. The action is rejected;

2. Sweet Tec GmbH is ordered to pay the costs.

(1) OJ C 165, 9.6.2012.
EN Official Journal of the European Union C 112/29

Judgment of the General Court of 27 February 2014 — Advance Magazine Publishers v OHIM — López Cabré (VOGUE)

(Case T-229/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark VOGUE - Earlier Community word mark VOGUE - Likelihood of confusion - Identity or similarity of the goods - Identity or similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Vagueness of the trade mark application - Article 26(1)(c) of Regulation No 207/2009 - Rule 2(2) of Regulation (EC) No 2868/95 - Partial refusal to register))

2014/C 112/37

Language of the case: English

Parties

Applicants: Advance Magazine Publishers, Inc. (New York, New York, United States of America) (represented by: C. Aikens, Barrister)

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: Eduardo López Cabré (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (case R 1170/2011-4), concerning opposition proceedings between Mr Eduardo López Cabré and Advance Magazine Publishers, Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (case R 1170/2011-4), concerning opposition proceedings between Mr Eduardo López Cabré and Advance Magazine Publishers, Inc., in so far as it confirmed the Opposition Division’s decision of 18 March 2011 upholding the opposition for accessories in Class 18 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended.

2. Dismisses the remainder of the claim for annulment of the decision referred to at paragraph 1 of the operative part.

3. Declares that there is no need to adjudicate on the claim for the opposition to be upheld solely in relation to umbrellas, parasols and accessories for umbrellas and parasols.

4. Orders each party to bear its own costs.

(1) OJ C 227, 28.7.2012.
EN Official Journal of the European Union C 78/9

Judgment of the General Court of 4 February 2014 — Gandia Blasco v OHIM — Sachi Premium-Outdoor Furniture (Cuboid Armchair)

(Case T-339/12) (1)

(Community design - Invalidity proceedings - Registered Community design representing a cuboid armchair - Earlier design - Ground for invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

2014/C 78/18

Language of the case: English

Parties

Applicant: Gandia Blasco, SA (Valencia, Spain) (represented by: I. Sempere Massa, 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: Sachi Premium-Outdoor Furniture, Lda (Estarreja, Portugal) (represented by: M. Oehen Mendes and M. Paes, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 25 May 2012 (Case R 970/2011-3) in relation to invalidity proceedings between Gandia Blasco, SA and Sachi Premium-Outdoor Furniture, Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gandia Blasco, SA to pay the costs.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 194/21

Judgment of the General Court of 30 April 2014 — Beyond Retro v OHIM — S&K Garments (BEYOND VINTAGE)

(Case T-170/12) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark BEYOND VINTAGE - Earlier Community word mark BEYOND RETRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

2014/C 194/27

Language of the case: English

Parties

Applicant: Beyond Retro Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: S&K Garments, Inc. (New York, New York, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2012 (Joined Cases R 493/2011-4 and R 548/2011-4), relating to opposition proceedings between Beyond Retro Ltd and S&K Garments, Inc.

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 30 January 2012 (Joined Cases R 493/2011-4 and R 548/2011-4) in so far as it concerns the goods covered by the word mark BEYOND VINTAGE in Classes 18 and 25 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2) Dismisses the action as to the remainder;

3) Orders Beyond Retro Ltd to pay one third of the costs incurred by the parties before the Court and orders OHIM to pay two thirds of those costs.

(1) OJ C 194, 30. 6. 2012.
EN Official Journal of the European Union C 151/17

Judgment of the General Court of 27 March 2014 — Intesa Sanpaolo v OHIM — equinet Bank (EQUITER)

(Case T-47/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark EQUITER - Earlier Community word mark EQUINET - Relative ground for refusal - Genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009 - Obligation to state reasons))

2014/C 151/22

Language of the case: English

Parties

Applicant: Intesa Sanpaolo SpA (Turin (Italy)) (represented by: P. Pozzi, G. Ghisletti and F. Braga, lawyers)

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: equinet Bank AG (Frankfurt am Main (Germany))

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2011 (Case R 2101/2010-1), relating to opposition proceedings between equinet Bank AG and Intesa Sanpaolo SpA.

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 6 October 2011 (Case R 2101/2010-1);

2. Orders OHIM to bear its own costs and to pay those incurred by Intesa Sanpaolo SpA.

(1) OJ C 109, 14.4.12.
EN Official Journal of the European Union C 245/11

Judgment of the General Court of 11 June 2014 — Golam v OHIM — Pentafarma (METABOL)

(Case T-486/12) (1)

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

2014/C 245/15

Language of the case: English

Parties

Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, 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: Pentafarma-Sociedade Tecnico-Medicinal, SA (Prior Velho, Portugal)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 July 2012 (Case R 1901/2011-1), relating to opposition proceedings between Pentafarma-Sociedade Tecnico-Medicinal, SA and Ms Sofia Golam

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Ms Sofia Golam to pay the costs.

(1) OJ C 9, 12.1.2013.
EN Official Journal of the European Union C 212/26

Judgment of the General Court of 21 May 2014 — Mocová v Commission

(Case T-347/12 P) (1)

((Appeal - Civil service - Members of the temporary staff - Fixed term contract - Decision not to renew - Rejection of the complaint - Obligation to state reasons - Ground given in the decision rejecting the complaint))

2014/C 212/31

Language of the case: French

Parties

Appellant: Dana Mocová (Prague, Czech Republic) (represented by: D. de Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Other party to the proceedings: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 13 June 2012 in Case F-41/11 Mocová v Commission II-0000, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Ms Dana Mocová to bear her own costs and to pay those incurred by the European Commission in the course of the present proceedings.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 292/33

Judgment of the General Court of 16 July 2014 — Euroscript — Polska v European Parliament

(Case T-48/12) (1)

((Public service contracts - Public procurement procedure - Supply of translation services into Polish - Decision amending the decision to place the applicant in first place on the list of successful tenderers - Award of the main framework contract to another tenderer - Request for re-evaluation - Time-limit - Suspension of procedure - Transparency - Equal treatment))

2014/C 292/39

Language of the case: French

Parties

Applicant: Euroscript — Polska Sp. Z.o.o. (Krakow, Poland) (represented by: J.-F. Steichen, lawyer)

Defendant: European Parliament (represented by: L. Daire and P. Biström, Agents)

Re:

Application for annulment of the decision of the Parliament of 9 December 2011 amending the decision of 18 October 2011 to classify the applicant in first place on the list of successful tenderers and to award it the main contract under public procurement procedure PL/2011/EU, concerning the supply of translation services into Polish (OJ 2011/S 56-090361), and, in the alternative, annulment of that public procurement procedure.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Parliament of 9 December 2011 amending the decision of 18 October 2911 classifying Euroscript — Polska Sp. Z.o.o. in first place on the list of successful tenderes and awarding it the main contract under the public procurement procedure PL/2011/EU, concerning the supply of translation services into Polish (OJ 2011/S 56 090361.

2. Orders the European Parliament to pay the costs.

(1) OJ C 109, 14 April 2012.
EN Official Journal of the European Union C 282/27

Judgment of the General Court of 3 July 2014 — Alchaar v Council

(Case T-203/12) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Entry of an individual on the lists of persons subject to restrictive measures - Links with the regime - Rights of the defence - Right to a fair hearing - Obligation to state reasons - Burden of proof - Right to effective judicial protection - Proportionality - Right to property - Right to privacy))

2014/C 282/35

Language of the case: French

Parties

Applicant: Mohamad Nedal Alchaar (Aleppo, Syria) (represented by: A. Korkmaz, D. Amaudruz and A. Boesch, lawyers)

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

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

Re:

Action for partial annulment, first, 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), Council Implementing Regulation (EU) No 1244/2011 of 1 December 2011 implementing Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria (OJ 2011 L 319, p. 8) 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 those acts contain restrictive measures concerning the applicant, as well as of all future acts amending that decision or regulation and, secondly, of the Council’s communication of 16 March 2012 informing the applicant that his name was being maintained on the list of persons subject to restrictive measures

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as it concerns Mr Mohamad Nedal Alchaar;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs and to pay two thirds of the costs incurred by Mr Alchaar;

4. Orders Mr Alchaar to bear one third of his own costs;

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

(1) OJ C 217, 21.7.2012.
Judgment of the General Court of 26 September 2014 — Flying Holding and Others v Commission

(Joined Cases T-91/12 and T-280/12) (1)

((Public service contracts - Tendering procedure - Provision of non-scheduled passenger transport services by air and chartered air-taxi service - Rejection of the application - Article 94(b) of the Financial Regulation - Rights of the defence - Article 134(5) of the Regulation implementing the Financial Regulation - Action for annulment - Letter in response to a question from the applicants - Act not amenable to review - Award decision - Lack of direct concern - Inadmissible - Non-contractual liability))

(2014/C 395/41)

Language of the case: French

Parties

Applicants: Flying Holding NV (Wilrijk, Belgium), Flying Group Lux SA (Luxembourg, Luxembourg), and Flying Service NV (Deurne, Belgium) (represented by: C. Doutrelepont and V. Chapoulaud, lawyers)

Defendant: European Commission (represented by: initially by S. Delaude and D. Calciu, acting as Agents, and subsequently by S. Delaude, assisted by V. Vanden Acker, lawyer)

Re:

Action for annulment of (i) the decisions contained in the letters from the Commission of 15 December 2011 and 17 January 2012 rejecting the application submitted by the applicants in the context of a restricted tendering procedure concerning the provision of non-scheduled passenger transport services by air and chartered air-taxi service (OJ 2011/S 192-312059) and (ii) the Commission’s decision of 28 February 2012 awarding the contract to another company, on the one hand, and a claim for damages on the other.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Flying Holding NV, Flying Group Lux SA and Flying Service NV to pay the costs.

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 388/10

Judgment of the General Court of 18 September 2014 — Georgias and Others v Council and Commission

(Case T-168/12) (1)

((Common foreign and security policy - Restrictive measures adopted against certain persons and entities in view of the situation in Zimbabwe - Freezing of funds - Non-contractual liability - Causal link - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Manifest error of assessment - Obligation to state reasons))

2014/C 388/10

Language of the case: English

Parties

Applicants: Aguy Clement Georgias (Harare, Zimbabwe); Trinity Engineering (Private) Ltd (Harare); and Georgiadis Trucking (Private) Ltd (Harare) (represented initially by M. Robson and E. Goulder, Solicitors, and H. Mercer QC, and subsequently by M. Robson, H. Mercer QC and I. Quirk, Barrister)

Defendants: Council of the European Union (represented by: B. Driessen and G. Étienne, acting as Agents) and European Commission (represented by: M. Konstantinidis and S. Bartelt, acting as Agents)

Re:

Application for compensation for the damage allegedly suffered by the applicants following the adoption of Commission Regulation (EC) No 412/2007 of 16 April 2007 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe (OJ 2007 L 101, p. 6).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Aguy Clement Georgias, Trinity Engineering (Private) Ltd and Georgiadis Trucking (Private) Ltd to bear their own costs and to pay those incurred by the Council of the European Union and the European Commission.

(1) OJ C 165, 9.6.2012.