ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 38/13

Judgment of the General Court of 16 December 2010 — HIT Trading and Berkman Forwarding v Commission

(Case T-191/09) (1)

(Customs Union - Importation of compact fluorescent lamps with integrated electronic ballasts (CFL-i) from Pakistan - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)

2011/C 38/21

Language of the case: Dutch

Parties

Applicant: HIT Trading BV (Lelystad, Netherlands); and Berkman Forwarding BV (Barendrecht, Netherlands) (represented by: A.T.M. Jansen, lawyer)

Defendant: European Commission (represented by: L. Bouyon and H. van Vliet, Agents, assisted by Y. van Gerven, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 747 final of 12 February 2009, stating that the post-clearance entry in the accounts of certain import duties was justified and that the remission of such duties was not justified (File reference: REC 01/08).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Hit Trading BV and Berkman Forwarding BV to pay the costs.

(1) OJ C 180 of 1.8.2009
EN Official Journal of the European Union C 139/17

Judgment of the General Court of 21 March 2011 — Visti Beheer v OHIM — Meister (GOLD MEISTER)

(Case T-372/09) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark GOLD MEISTER - Earlier national and Community trade marks MEISTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 139/32

Language of the case: German

Parties

Applicant: Visti Beheer BV (Helmond, The Netherlands) (represented by: A. Herbetz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Meister & Co. AG (Wollerau, Switzerland) (represented by: V. Knies, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2009 (Case R 1465/2008-1) concerning opposition proceedings between Meister & Co. AG and Visti Beheer BV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Visti Beheer BV to bear its own costs and pay those incurred by OHIM;

3. Orders Meister & Co. AG to bear its own costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 89/16

Judgment of the General Court of 3 February 2011 — Gühring v OHIM (Combination of the colours broom yellow and silver grey and combination of the colours yellow ochre and silver grey)

(Case T-299/09 and T-300/09) (1)

(Community trade mark - Application for a Community trade mark consisting of a combination of the colours broom yellow and silver grey - Application for a Community trade mark consisting of a combination of the colours yellow ochre and silver grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Examination of the facts of the Court’s own motion - Article 76(1) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2011/C 89/38

Language of the case: German

Parties

Applicant: Gühring OHG (Albstadt, Germany) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 April 2009 (Cases R 1330/2008-1 and R 1329/2008-1) concerning applications for registration of the combination of the colours broom yellow and silver grey and the combination of the colours yellow ochre and silver grey as Community trade marks.

Operative part of the judgment

The Court:

1. Orders that Cases T-299/09 to T-300/09 be joined for the purposes of the judgment.

2. Dismisses the actions.

3. Orders Gühring OHG to pay the costs.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 179/15

Judgment of the General Court of 4 May 2011 — Bongrain v OHIM — apetito (APETITO)

(Case T-129/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark APETITO - Earlier Community word mark apetito - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 179/26

Language of the case: English

Parties

Applicant: Bongrain SA (Viroflay, France) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: apetito AG (Rheine, Germany) (represented by: T. Weeg, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 720/2008-4) relating to opposition proceedings between apetito AG and Bongrain SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bongrain SA to pay the costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 160/21

Judgment of the General Court of 14 April 2011 — TTNB v OHIM — March Juan (Tila March)

(Case T-433/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Tila March - Earlier national figurative mark CARMEN MARCH - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 160/31

Language of the case: French

Parties

Applicant: TTNB (Paris, France) (represented initially by J.-M. Moiroux, then J.-M. Moiroux and C. Beudard, 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: Carmen March Juan (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 August 2009 (Case R 1538/2008-2), relating to opposition proceedings between Carmen March Juan and TTNB.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders TTNB to pay the costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 232/29

Judgment of the General Court of 28 June 2011 — ReValue Immobilienberatung v OHIM (ReValue)

(Case T-487/09) (1)

(Community trade mark - Application for the Community figurative mark ReValue - Application refused in part - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)

2011/C 232/51

Language of the case: German

Parties

Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by: initially, S. Fischoeder and M. Schork and, subsequently, S. Fischoeder (lawyers))

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning an application for registration of the figurative sign ReValue as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ReValue Immobilienberatung GmbH to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 204/21

Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.)

(Case T-408/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘ancotel’ - Earlier Community figurative mark ‘ACOTEL’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public)

2011/C 204/37

Language of the case: German

Parties

Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Acotel SpA (Rome, Italy) (represented initially by D. De Simone and D. Demarinis, lawyers, and subsequently by D. De Simone, D. Demarinis and J. Wrede, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 June 2009 (Case R 1385/2008-1) concerning opposition proceedings between Acotel SpA and ancotel 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 19 June 2009 (Case R 1385/2008-1);

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

3. Orders Acotel SpA to bear its own costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 311/40

Judgment of the General Court of 15 September 2011 — Prinz Sobieski zu Schwarzenberg v OHIM — British-American Tobacco Polska (Romuald Prinz Sobieski zu Schwarzenberg)

(Case T-271/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Romuald Prinz Sobieski zu Schwarzenberg - Earlier national word mark JAN III SOBIESKI and earlier national figurative mark JAN III Sobieski - Failure to comply with the obligation to pay the application fee or to do so by bank transfer within the period prescribed - Decision of the Board of Appeal declaring the action to be unfounded - Article 8(3) of Regulation (EC) No 2869/95 - Application for restitutio in integrum - Lack of exceptional or unforeseeable circumstances - Article 81 of Regulation (EC) No 207/2009)

2011/C 311/71

Language of the case: German

Parties

Applicant: Romuald Prinz Sobieski zu Schwarzenberg (Dortmund, Germany) (represented by: U. Fitzner and U.H. Fitzner, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: British-American Tobacco Polska S.A. (Augustów, Poland)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2009 (Case R 771/2008-4), relating to opposition proceedings between British-American Tobacco Polska S.A. and Romuald Sobieski zu Schwarzenberg

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Romuald Prinz Sobieski zu Schwarzenberg to pay the costs.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 269/48

Judgment of the General Court of 13 July 2011 — Evonik Industries v OHIM (Purple rectangle with a rounded side)

(Case T-499/09) (1)

(Community trade mark - Application for a Community figurative mark representing a purple rectangle with a rounded side - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 269/105

Language of the case: German

Parties

Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented initially by S. Stürmann, then by S. Stürmann and G. Schneider, and subsequently by S. Stürmann and R. Manea, Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 491/2009-4) concerning an application for registration as a Community trade mark of a purple rectangle with a rounded side.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Evonik Industries AG to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 347/28

Judgment of the General Court of 13 October 2011 — NEC Display Solutions Europe GmbH v OHIM — Nokia (NaViKey)

(Case T-393/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark NaViKey - Earlier Community word mark NAVI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Breach of the duty to state reasons - Article 75 of Regulation No 207/2009)

2011/C 347/43

Language of the case: English

Parties

Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Nokia Corp. (Espoo, Finland) (represented by J. Tanhuanpää, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2009 (Case R 1143/2008-2), relating to opposition proceedings between Nokia Corp. and NEC Display Solutions Europe GMbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NEC Display Solutions Europe GmbH to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 311/39

Judgment of the General Court of 9 September 2011 — dm-drogerie markt v OHIM — Distribuciones Mylar (dm)

(Case T-36/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark dm - Earlier national figurative mark dm - Administrative procedure - Decisions of the Opposition Divisions - Revocation - Correction of clerical errors - Legally non-existent measure - Admissibility of appeals before the Board of Appeal - Time-limit for filing an appeal - Legitimate expectations - Articles 59, 60a, 63 and 77a of Regulation (EC) No 40/94 (now Articles 60, 62, 65 and 80 of Regulation (EC) No 207/2009) - Rule 53 of Regulation (EC) No 2868/95)

2011/C 311/69

Language of the case: English

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and C. Mellein, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by J. Novais Gonçalves and subsequently by G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Distribuciones Mylar, SA (Gelves, Spain)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 October 2008 (Case R 228/2008-1), relating to opposition proceedings between Distribuciones Mylar, SA and dm-drogerie markt GmbH & 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 30 October 2008 (Case R 228/2008-1) relating to opposition proceedings between Distribuciones Mylar, SA and dm-drogerie markt GmbH & Co. KG in so far as it did not declare the amended version of the Opposition Division’s decision of 16 May 2007 to be null and void;

2. Dismisses the remainder of the action;

3. Orders OHIM to pay the costs.

(1) OJ C 82, 4.4.2009.
EN Official Journal of the European Union C 32/21

Judgment of the General Court of 15 December 2011 — Mövenpick v OHIM (PASSIONATELY SWISS)

(Case T-377/09) (1)

(Community trade mark - Application for Community word mark PASSIONATELY SWISS - Absolute grounds for refusal - Geographical indication of origin - Lack of distinctive character)

2012/C 32/40

Language of the case: German

Parties

Applicant: Mövenpick-Holding (Cham, Swizerland) (represented by: M. Taxhet, 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 July 2009 (Case R 1457/2008-1) relating to an application for registration of the word mark PASSIONATELY SWISS as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mövenpick Holding to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 13/12

Judgment of the General Court of 23 November 2011 — bpost v Commission

(Case T-514/09) (1)

(Public service contracts - Tendering procedure of the PO - Daily transport and delivery of the Official Journal, books, other periodicals and publications - Rejection of the tender of a tenderer and decision to award the contract to another tenderer - Award criteria - Obligation to state the reasons on which the decision is based - Manifest error of assessment - Non-contractual liability)

2012/C 13/22

Language of the case: English

Parties

Applicant: bpost NV van publiek recht, formerly De Post NV van publiek recht (Brussels, Belgium) (represented by: R. Martens, B. Schutyser and A. Van Vaerenbergh, lawyers)

Defendant: European Commission (represented by: E. Manhaeve and N. Bambara, Agents, assisted by P. Wytinck, lawyer)

Re:

Application, first, for the annulment of the decision of the Publications Office of the European Union, communicated by letter of 17 December 2009, to reject the tender submitted by the applicant under invitation to tender No 10234 ‘Daily transport and delivery of the Official Journal, books, other periodicals and publications’ (OJ 2009/S 176-253034) and award the contract to the successful tenderer, and, second, for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders bpost NV van publiek recht to pay the costs, including those relating to the interlocutory proceedings.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 138/15

Judgment of the General Court of 28 March 2012 — Ryanair v European Commission

(Case T-123/09) (1)

(State aid - Loan granted to an airline company and capable of being counted as own capital - Decision declaring the aid incompatible with the common market - Sale of assets of an airline company - Decision finding no aid at the conclusion of the preliminary examination phase - Actions for annulment - Locus standi - Interested party - Admissibility - Serious difficulties - Jurisdiction - Duty to state reasons)

2012/C 138/26

Language of the case: English

Parties

Applicant: Ryanair Ltd (Dublin, Ireland) (represented by: E. Vahida and I.-G. Metaxas-Maragkidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, D. Grespan and E. Righini, Agents)

Interveners in support of the defendant: Italian Republic, (represented by: G. Palmieri and P. Gentili, lawyers); and Alitalia — Compagnia Aerea Italiana SpA (Fiumicino, Italy) (represented by: G.M. Roberti, G. Bellitti and I. Perego, lawyers)

Re:

Partial annulment of Commission Decision 2009/155/EC of 12 November 2008, concerning the loan of EUR 300 million granted by Italy to the airline company Alitalia (C 26/08 (ex NN 31/08)) (OJ 2009 L 52, p. 3), and the annulment of Commission Decision C(2008) 6745 final of 12 November 2008, concerning State Aid (N 510/2008, OJ 2009 C 46, p. 6) — Italy — Sale of the assets of Alitalia.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ryanair Ltd to pay its own costs and those incurred by the European Commission and Alitalia — Compagnia Aerea Italiana SpA;

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 89/21

Judgment of the General Court of (Fourth Chamber) of 14 February 2012 — Electrolux and Whirlpool v Commission

(Joined Cases T-115/09 and T-116/09) (1)

(State aid - Restructuring aid for a manufacturer of large home appliances notified by the French Republic - Decision declaring the aid compatible with the common market subject to conditions - Manifest errors of assessment - Guidelines on State aid for rescuing and restructuring firms in difficulty)

2012/C 89/33

Language of the case: English

Parties

Applicants: Electrolux AB (Stockholm, Sweden) (represented by: F. Wijckmans and H. Burez, lawyers) (Case T-115/09); and Whirlpool Europe BV (Breda, Netherlands) (represented: initially by F. Tuytschaever and B. Bellen, and subsequently by H. Burez and F. Wijckmans, lawyers)

Defendant: European Commission (represented by: L. Flynn and C. Giolito, Agents)

Interveners in support of the defendant: French Republic (represented: initially by G. de Bergues and A.-L. Vendrolini, and subsequently by G. de Bergues and J. Gstalter, Agents); Fagor France SA (Rueil-Malmaison, France) (represented by J. Derenne and A. Müller-Rappard, lawyers)

Re:

Annulment of the Commission Decision of 21 October 2008 on State aid C 44/2007 (ex N 460/2007) which France is planning to implement for FagorBrandt (OJ 2009 L 160, p. 11.

Operative part of the judgment

The Court:

1. Annuls Commission Decision 2009/485/EC of 21 October 2008 on State aid No C 44/07 (ex N 460/07) which France is planning to implement for FagorBrandt;

2. Orders the European Commission to bear its own costs and to pay those of Electrolux AB and Whirlpool Europe BV;

3. Orders the French Republic and Fagor France SA to bear their own costs.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 258/16

Judgment of the General Court of 12 July 2012 — Winzer Pharma v OHIM — Alcon (BAÑOFTAL)

(Case T-346/09) (1)

(Community trade marks - Opposition proceedings - Application for Community trade mark BAÑOFTAL - Earlier national word marks KAN-OPHTAL and PAN-OPHTAL - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 258/27

Language of the case: Spanish

Parties

Applicant: Dr. Robert Winzer Pharma GmbH (Berlin, Germany) (represented by: S.Schneller, 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: Alcon Inc. Hünenberg, Switzerland) (represented by: M. Vidal-Quadras Trais de Bes, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 May 2009 (Case R 795/2008-1) relating to opposition proceedings between Dr. Robert Winzer Pharma GmbH and Alcon Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 May 2009 (Case R 795/2008-1);

2. Orders OHIM to bear its own costs and to pay those incurred by Dr. Robert Winzer Pharma GmbH.

3. Orders Alcon Inc. to bear its own costs.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 227/17

Judgment of the General Court of 21 June 2012 — Kavaklidere-Europe v OHIM — Yakult Honsha (Yakut)

(Case T-276/09) (1)

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

2012/C 227/24

Language of the case: English

Parties

Applicant: Kavaklidere-Europe (Schoten, Belgium) (represented: initially by J. Vercraeye and I. Tytgat, and subsequently by J. Vercraeye and B. De Vuyst, 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: Yakult Honsha Kabushiki Kaisha (Tokyo, Japan) (represented by M. Edenborough QC, P. Harris, Solicitor, and T. Elias, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1396/2008-4) concerning opposition proceedings between Yakult Honsha Kabushiki Kaisha and Kavaklidere-Europe

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Kavaklidere-Europe to pay the costs.

(1) OJ C 244, 10.10.2009.