ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 370/24

Judgment of the General Court of 10 November 2011 — Three-N-Products Private v OHIM — Shah (AYUURI NATURAL)

(Case T-313/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark AYUURI NATURAL - Earlier Community word and figurative marks AYUR - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 370/40

Language of the case: English

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: C. Jäger, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Sheilesh Shah (Wembley, United Kingdom); and Akhil Shah (Wembley) (represented by: M. Chapple, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 June 2010 (case R 1005/2009-4), relating to opposition proceedings between (i) Three-N-Products Private Ltd and (ii) S. Shah, A. Shah and Mr M. Shah.

Operative part of the order

1. Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) of 1 June 2010 (case R 1005/2009-4);

2. Orders OHIM to pay its own costs and those of Three-N-Products Private Ltd;

3. Orders Sheleish Shah and Akhil Shah to bear their own costs and the costs necessarily incurred by Three-N-Products Private Ltd for the purposes of the proceedings before the Fourth Board of Appeal.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 65/13

Judgment of the General Court of 24 January 2012 — El Corte Inglés v OHIM — Ruan (B)

(Case T-593/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark containing the letter ‘B’ - Earlier Community figurative mark containing the letter ‘B’ - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 65/24

Language of the case: Spanish

Parties

Applicant: El Corte Inglés (Madrid, Spain) (represented 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 Carillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Jian Min Ruan (Mem Martins, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 October 2010 (Case R 576/2010-2) relating to opposition proceedings between El Corte Inglés and Jian Min Ruan.

Operative part of the judgment

The Court:

1. Dismisses the action.

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

(1) OJ C 80, 12.3.2011.
EN Official Journal of the European Union C 32/23

Judgment of the General Court of 14 December 2011 — Vuitton Malletier v OHIM — Friis Group International (Representation of a locking device)

(Case T-237/10) (1)

(Community trade mark - Invalidity proceedings - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 207/2009)

2012/C 32/45

Language of the case: English

Parties

Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P.L. Roncaglia, G. Lazzeretti, M. Boletto and E. Gavuzzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Friis Group International ApS (Copenhagen, Denmark) (represented by: C. Type Jardorf, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 February 2010 (Case R 1590/2008-1) concerning invalidity proceedings between Friis Group International Aps and Louis Vuitton Malletier

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) of 24 February 2010 (Case R 1590/2008-1) in so far as it declared Community trade mark number 3 693 116 invalid for ‘Jewellery, including rings, keyrings, buckles and earrings, cuff links, bracelets, trinkets, brooches, necklaces, ties pins, ornaments, medallions; horological and chronometric instruments and apparatus, including watches, watchcases, alarm clocks; nutcrackers in precious metals, their alloys or coated therewith, candlesticks in precious metals, their alloys or coated therewith’ in Class 14 and ‘leather and imitations of leather’ and ‘umbrellas’ in Class 18;

2. Dismisses the action as to the remainder;

3. Orders Louis Vuitton Malletier, Friis Group International ApS and OHIM to each bear the costs they have incurred in the course of the proceeding before the General Court.

(1) OJ C 209, 31.7.2010.
EN Official Journal of the European Union C 165/17

Judgment of the General Court of 27 April 2012 — De Nicola v EIB

(Case T-37/10) (1)

(Appeal - Civil service - Staff of the EIB - Appraisal - Promotion - Appraisal and promotion in respect of 2006 - Decision of the Appeals Committee - Scope of the review - Sickness insurance - Refusal to bear medical costs - Claim for compensation)

2012/C 165/29

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (represented by: G. Nuvoli and F. Martin, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 30 November 2009 in Case F-55/08 De Nicola v European Investment Bank, not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) in Case F-55/08 De Nicola v EIB [2009], not yet published in the ECR, in so far as it dismisses, firstly, Mr Carlo De Nicola’s claims seeking annulment of the decision of the Appeals Committee of the European Investment Bank (EIB); secondly, his claims seeking annulment of the decision to refuse his promotion for 2006 and all the acts connected with, consecutive and prior to that decision; and, thirdly, his claims seeking recognition of the liability of the EIB for the harassment of him which it carried out and seeking compensation for the losses alleged on that basis;

2. Dismisses the remainder of the appeal;

3. Refers the matter back to the Civil Service Tribunal;

4. Reserves the costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 118/23

Judgment of the General Court of 2 March 2012 — Kingdom of the Netherlands and ING Groep v Commission

(Cases T-29/10 and T-33/10) (1)

(State aid - Financial sector - Aid designed to remedy a serious disturbance in the economy of a Member State - Capital injection with repayment or share conversion options conferred on the aid recipient - Amendment to the repayment terms during the administrative procedure - Decision declaring the aid compatible with the common market - Concept of State aid - Advantage - Private investor test - Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid)

2012/C 118/38

Language of the case: Dutch and English

Parties

Applicants: Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries and M. de Ree, Agents, assisted by P. Glazener, lawyer) (Case T-29/10); and ING Groep NV (Amsterdam, Netherlands) (represented initially by: O. Brouwer, M. Knapen and J. Blockx, lawyers, and subsequently by O. Brouwer, J. Blockx and M. O’Regan, Solicitor) (Case T-33/10)

Defendant: European Commission (represented by: H. van Vliet, L. Flynn and S. Noë, Agents)

Intervener in support of the applicants in Case T-33/10: De Nederlandsche Bank NV (Amsterdam, Netherlands) (represented initially by: B. Nijs and G. van der Klis, subsequently by G. van der Klis, M. Petite and S. Verschuur and, lastly, by M. Petite and S. Verschuur, lawyers)

Re:

Applications for the partial annulment of Commission Decision 2010/608/EC of 18 November 2009 on State aid C 10/09 (ex N 138/09) implemented by the Netherlands for ING’s Illiquid Assets Back Facility and Restructuring Plan (OJ 2010 L 274, p. 139).

Operative part of the judgment

The Court:

1. Joins Cases T-29/10 and T-33/10 for the purposes of the present judgment.

2. Annuls the first paragraph of Article 2 of Commission decision 2010/608/EC of 18 November 2009 on State aid C 10/09 (ex N 138/09) implemented by the Netherlands for ING’s Illiquid Assets Back-up Facility and Restructuring Plan, the second paragraph of Article 2 of that decision and Annex II to that decision.

3. Orders the European Commission to pay the costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 200/13

Judgment of the General Court of 22 May 2012 — Nordmilch v OHIM — Lactimilk (MILRAM)

(Case T-546/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MILRAM - Earlier national word and figurative marks RAM - Relative ground for refusal - Similarity of goods and signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/25

Language of the case: German

Parties

Applicant: Nordmilch AG (Bremen, Germany) (represented by: R. Schneider, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lactimilk, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2010 (Joined Cases R 1041/2009-4 and R 1053/2009-4) relating to opposition proceedings between Lactimilk SA and Nordmilch AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nordmilch AG to pay the costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 184/10

Judgment of the General Court of 8 May 2012 — Tsakiris-Mallas v OHIM — Seven (7 Seven Fashion Shoes)

(Case T-244/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark 7 Seven Fashion Shoes - Earlier national figurative marks Seven and 7seven - Partial refusal to register - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 184/16

Language of the case: English

Parties

Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: N. Simantiras, lawyer)

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 General Court: Seven SpA (Leinì, Italy) (represented by D. Sindico, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2012 (R 1045/2009-2) relating to opposition proceedings between Seven SpA and Tsakiris-Mallas AE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tsakiris-Mallas AE to pay the costs.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 243/17

Order of the General Court of 28 June 2012 — Constellation Brands v OHIM (COOK’S)

(Case T-314/10) (1)

(Community trade mark - Word mark COOK’S - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)

2012/C 243/32

Language of the case: English

Parties

Applicant: Constellation Brands, Inc. (Fairport, United States of America) (represented by: B. Brandreth, Barrister)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 1048/2009-1) in so far as it dismissed the application for restitutio in integrum

Operative part of the order

1. Dismisses the action.

2. Orders Constellation Brands, Inc., to pay the costs.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 217/20

Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON)

(Case T-542/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CIRCON - Prior Community word mark CIRCULON - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Highly distinctive character - Goodwill - Article 8(1)(b) of Regulation (EC) No 207/2009 - Procedure before the Board of Appeal - Rights of the defence - Articles 75 and 76 of Regulation No 207/2009)

2012/C 217/43

Language of the case: German

Parties

Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: R. Manea, and subsequently by: K. Klüpfel, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Meyer Manufacturing Co. Ltd (Kowloon, Hong Kong) (represented by: M. Fiedler, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010-1) concerning opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH.

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 3 September 2010 (Case R 40/2010-1);

2. Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH;

3. Orders Meyer Manufacturing Co. Ltd to bear its own costs.

(1) OJ C 30, 29.1.2011.
EN Official Journal of the European Union C 343/15

Judgment of the General Court of 21 September 2012 — Wesergold Getränkeindustrie v OHIM — Lidl Stiftung (WESTERN GOLD)

(Case T-278/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark WESTERN GOLD - Earlier national, international and Community word marks WESERGOLD, Wesergold, and WeserGold - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Distinctiveness of the earlier marks)

2012/C 343/23

Language of the case: German

Parties

Applicant: Wesergold Getränkeindustrie GmbH & Co. KG (Rinteln, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, 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, intervener before the General Court: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by A. Marx and M. Schaeffer, lawyers)

Re:

Action brought against the decision of the First Board Board of Appeal of OHIM of 24 March 2010 (Case R 770/2009-1) concerning opposition proceedings between Wesergold Getränkeindustrie GmbH & Co. KG and Lidl Stiftung & Co. KG

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 24 March 2010 (Case R 770/2009-1);

2. Orders OHIM to bear its own costs and also to pay the costs of the applicant;

3. Orders Lidl Stiftung & Co. KG to bear its own costs.

(1) OJ C 221, 14.8.2010.
EN Official Journal of the European Union C 319/7

Judgment of the General Court of 13 September 2012 — National Lottery Commission v OHIM

(Case T-404/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark representing a hand - Article 53(2)(c) of Regulation (EC) No 207/2009 - Existence of earlier copyright protected by national law - Burden of proof - Application by OHIM of national law - Review)

2012/C 319/11

Language of the case: English

Parties

Applicant: National Lottery Commission (London, United Kingdom) (represented by: B. Brandreth, Barrister)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy) and Giuseppe De Gregorio (Naples)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission

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 9 June 2010 (Case R 1028/2009-1);

2. Orders OHIM to pay the costs, including those incurred by the National Lottery Commission in the proceedings before the Board of Appeal.

(1) OJ C 328, 4.12.2010.
EN Official Journal of the European Union C 399/18

Judgment of the General Court of 7 November 2012 — CBI v Commission

(Case T-137/10) (1)

(State aid - Public hospitals - Funding granted by the Belgian authorities to public hospitals belonging to the IRIS network - Decision at the end of the preliminary phase - Decision declaring the aid compatible with the internal market - Service of general economic interest - Definition of the public service mandate - Proportionality of the public service compensation)

2012/C 399/30

Language of the case: French

Parties

Applicant: Coordination bruxelloise d’Institutions sociales et de santé (CBI) (Brussels, Belgium) (represented by: D. Waelbroeck and D. Slater, lawyers)

Defendant: European Commission (represented by: B. Stromsky, C. Urraca Caviedes and S. Thomas, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents); Kingdom of the Netherlands (represented initially by: M. Noort and M. de Ree and subsequently by: M. Noort, C. Wissels and J. Langer, acting as Agents); Région de Bruxelles-Capitale (Belgium); Municipality of Anderlecht (Belgium); Municipality of Etterbeek (Belgium); Municipality of Ixelles (Belgium); City of Brussels (Belgium); and Municipality of Saint-Gilles (Belgium) (represented by: P. Slegers and A. Lepièce, lawyers)

Re:

Application for annulment of Commission Decision C(2009) 8120 of 28 December 2009, concerning State aid NN54/2009 granted by the Kingdom of Belgium for the financing of the public hospitals belonging to the IRIS network in the Région Bruxelles-Capitale.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2009) 8120 of 28 December 2009, concerning State aid NN54/2009 granted by the Kingdom of Belgium for the financing of the public hospitals belonging to the IRIS network in the Région Bruxelles-Capitale;

2. Orders the European Commission to bear its won costs and those incurred by the Coordination bruxelloise d’Institutions sociales et de santé (CBI);

3. Orders the French Republic; Kingdom of the Netherlands; Région de Bruxelles-Capitale (Belgium); Municipality of Anderlecht (Belgium); Municipality of Etterbeek (Belgium); Municipality of Ixelles (Belgium); City of Brussels (Belgium); and Municipality of Saint-Gilles (Belgium) to bear their own costs.

(1) OJ C 148, 5.6.2010.
EN Official Journal of the European Union C 366/31

Judgment of the General Court of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOUR FOCUS)

(Case T-204/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark COLOR FOCUS - Earlier Community word mark FOCUS - Relative ground for refusal - Likelihood of confusion - Similarity of the marks - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Abuse of right)

2012/C 366/60

Language of the case: English

Parties

Applicant: Lancôme parfums et beauté & Cie (Paris, France) (represented by: A. von Mühlendahl and S. Abel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by R. Schweizer and J. Berlinger, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 February 2010 (Case R 238/2009-2), concerning invalidity proceedings between Focus Magazin Verlag GmbH and Lancôme parfums et beauté & Cie

Operative part of the judgment

1. The action is dismissed.

2. Lancôme parfums et beauté & Cie is ordered to pay the costs.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 123/16

Judgment of the General Court of 13 March 2013 — Biodes v OHIM — Manasul Internacional (FARMASUL)

(Case T-553/10) (1)

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

2013/C 123/26

Language of the case: Spanish

Parties

Applicant: Biodes, SL (Madrid, Spain) (represented by: E. Manresa Medina, lawyer)

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: Manasul Internacional, SL (Ponferrada, Spain) (represented by: M.I. Escudero Pérez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 1034/2009-1), relating to opposition proceedings between Manasul Internacional, SL and Biodes, SL

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Biodes, SL to pay the costs.

(1) OJ C 30, 29.1.2011.