ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 212/29

Judgment of the General Court of 21 May 2014 — Melt Water v OHIM (NUEVA)

(Case T-61/13) (1)

((Community trade mark - Application for a Community figurative mark NUEVA - Article 60 of Regulation (EC) No 207/2009 - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Ambiguity in a language version - Uniform interpretation - Unforeseeable circumstances or force majeure - Excusable error - Obligations of care and diligence))

2014/C 212/35

Language of the case: Lithuanian

Parties

Applicant: Research and Production Company ‘Melt Water’ UAB (Klaipėda, Lithuania) (represented by: V. Viešūnaitė and J. Stucka, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 December 2012 (Case R 1794/2012-4) relating to an application for registration of the figurative sign NUEVA as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and to pay those incurred by Research and Production Company ‘Melt Water’ UAB.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 112/30

Judgment of the General Court of 27 February 2014 — Mäurer & Wirtz v OHIM — Sacra (4711 Aqua Mirabilis)

(Case T-25/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark 4711 Aqua Mirabilis - Earlier Community word mark AQUA ADMIRABILIS - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 112/39

Language of the case: German

Parties

Applicant: Mäurer & Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: T. Schulte-Beckhausen and S. Hühner, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sacra Srl (Venice, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 November 2012 (Case R 1601/2011-2) relating to opposition proceedings between Sacra Srl and Mäurer & Wirtz GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mäurer & Wirtz GmbH & Co. KG to pay the costs.

(1) OJ C 71, 9.3.2013.
EN Official Journal of the European Union C 292/40

Judgment of the General Court of 16 July 2014 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)

(Case T-36/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark ANTONIO BACIONE - Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009))

2014/C 292/49

Language of the case: Italian

Parties

Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Antonio Facchinelli (Dalang, China)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 October 2012 (Case R 1561/2011-1) concerning opposition proceedings between Erreà Sport SpA and Antonio Facchinelli.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Erreà Sport SpA to pay the costs.

(1) OJ C 79, 16.3.2013.
EN Official Journal of the European Union C 282/32

Judgment of the General Court of 4 July 2014 — Advance Magazine Publishers v OHIM — Montres Tudor (GLAMOUR)

(Case T-1/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark GLAMOUR - Earlier international mark TUDOR GLAMOUR - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 282/41

Language of the case: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, New York, United States) (represented by: T. Raab, H. Lauf and V. Ahmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Montres Tudor SA (Geneva, Switzerland) (represented by: J.P. de Oliveira Vaz Miranda de Sousa and C. Sueiras Villalobos, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 October 2012 (Case R 213/2012-2), relating to opposition proceedings between Montres Tudor SA and Advance Magazine Publishers, Inc.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Advance Magazine Publishers, Inc. to pay the costs.

(1) OJ C 86, 23.3.2013.
Judgment of the General Court of 26 September 2014 — Arctic Paper Mochenwangen v Commission

(Case T-634/13) (1)

((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Transitional rules concerning the harmonised allocation of emission allowances free of charge as from 2013 - Decision 2011/278/EU - National implementation measures submitted by Germany - Clause on cases with undue hardship - Freedom to conduct a business - Right to property - Proportionality))

(2014/C 395/62)

Language of the case: German

Parties

Applicant: Arctic Paper Mochenwangen GmbH (Wolpertswende, Germany) (represented by: S. Kobes, lawyer)

Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, Agents)

Re:

Application to annul Article 1(1) of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as it rejects the inscription of the installation with identification code DE000000000000563 on the list of installations provided for in Article 11(1) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and the preliminary total annual amounts of emission allowances allocated free of charge to that installation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arctic Paper Mochenwangen GmbH to pay the costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 388/15

Judgment of the General Court of 18 September 2014 — El Corte Inglés, SA v OHIM — Gaffashion (BAUSS)

(Case T-267/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark BAUSS - Earlier Community figurative mark BASS3TRES - Article 8(1)(b) of Regulation (EC) No 207/2009 - No likelihood of confusion))

2014/C 388/18

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Gaffashion — Comércio de Accessórios de Moda, Lda (Viana do Castelo, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 February 2013 (Case R 2295/2011-2), concerning opposition proceedings between El Corte Inglés, SA and Gaffashion — Comércio de Accessórios de Moda, Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 7/35

Judgment of the General Court of 18 November 2014 — Lumene v OHIM (THE YOUTH EXPERTS)

(Case T-484/13) (1)

((Community trade mark - Application for Community word mark THE YOUTH EXPERTS - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Extent of the examination to be carried out by the Board of Appeal - Examination as to the merits conditional on the admissibility of the action - First sentence of Article 59 of Regulation No 207/2009))

(2015/C 007/39)

Language of the case: English

Parties

Applicant: Lumene Oy (Espoo, Finland) (represented by: L. Laaksonen, 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 Second Board of Appeal of OHIM of 26 June 2013 (Case R 187/2013-2) concerning an application for registration of the word sign THE YOUTH EXPERTS as a Community trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 June 2013 (Case R 187/2013-2) as regards ‘[b]leaching preparations and other substances for laundry use [and] cleaning, polishing, scouring and abrasive preparations’ in Class 3 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, and ‘[s]anitary preparations for medical purposes[,] plasters, materials for dressings[,] material for stopping teeth [and] dental wax[,] disinfectants[,] preparations for destroying vermin[,] fungicides [and] herbicides’ in Class 5 of that agreement;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 421/40

Judgment of the General Court of 10 October 2014 — Marchiani v Parliament

(Case T-479/13) (1)

((Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of undue payments))

2014/C 421/56

Language of the case: French

Parties

Applicant: Jean-Charles Marchiani (Toulon, France) (represented by: C.-S. Marchiani, lawyer)

Defendant: European Parliament (represented by: N. Lorenz and C. Karamarcos, Agents)

Re:

Application for the annulment of (i) the decision of the Secretary-General of the European Parliament of 4 July 2013 concerning the recovery from the applicant of a sum of EUR 1 07 694,72 and of (ii) the related debit note of 5 July 2013.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Charles Marchiani to pay the costs.

(1) OJ C 336, 16.11.2013.
EN Official Journal of the European Union C 34/36

Judgment of the General Court of 11 December 2014 — PP Nature-Balance Lizenz v Commission

(Case T-189/13) (1)

((Medicinal products for human use - Active substance tolperisone - Article 116 of Directive 2001/83/EC - Commission decision ordering the Member States to vary the national marketing authorisations for medicinal products for human use containing the active substance at issue - Burden of proof - Proportionality))

(2015/C 034/41)

Language of the case: German

Parties

Applicant: PP Nature-Balance Lizenz GmbH (Hamburg, Germany) (represented by: M. Ambrosius, lawyer)

Defendant: European Commission (represented by: initially B. R. Killmann and M. Šimerdová, then B. R. Killmann and A. Sipos, acting as Agents)

Re:

Application for partial annulment of Commission Implementing Decision C(2013) 369 (final) of 21 January 2013 concerning, in the framework of Article 31 of Directive 2001/83/EC of the European Parliament and of the Council, the marketing authorisations for the medicinal products for human use which contain the active substance ‘tolperisone’

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PP Nature-Balance Lizenz GmbH to bear its own costs and those incurred by the European Commission.

(1) OJ C 164, 8.6.2103.
EN Official Journal of the European Union C 26/25

Judgment of the General Court of 2 December 2014 — Boehringer Ingelheim Pharma v OHIM — Nepentes Pharma (Momarid)

(Case T-75/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark Momarid - Earlier Community word mark LONARID - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 026/30)

Language of the case: English

Parties

Applicant: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany) (represented initially by: V. von Bomhard and D. Slopek, and subsequently by V. von Bomhard, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nepentes Pharma sp. z o.o. (Warsaw, Poland) (represented by: C. Bercial Arias, K. Dimidjian-Lecompte and C. Casalonga, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 November 2012 (Case R 2292/2011-4), relating to opposition proceedings between Boehringer Ingelheim Pharma GmbH & Co. KG and Nepentes S.A.

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 28 November 2012 (Case R 2292/2011-4) as regards ‘chemicals for pharmaceutical use’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 101, 6.4.2013.
Official Journal of the European Union

Judgment of the General Court of 21 January 2015 — Sabores de Navarra v OHIM — Frutas Solano (KIT, EL SABOR DE NAVARRA)

(Case T-46/13) (1)

(Community trade mark - Invalidity proceedings - Community word mark KIT, EL SABOR DE NAVARRA - Earlier Community figurative mark Sabores de Navarra La Sabiduría del Sabor - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 15 and Article 57(2) of Regulation No 207/2009 - Form differing in elements which alter the distinctive character of the mark)

(2015/C 073/31)

Language of the case: Spanish

Parties

Applicant: Sabores de Navarra, AIE (Pamplona, Spain) (represented by: J. Calderón Chavero, O. González Fernández and L. Estropa Navarro, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Frutas Solano, SA (Calahorra, Spain) (represented by: E. Manresa Medina, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 November 2012 (Joined Cases R 2542/2011-2 and R 2550/2011-2), relating to invalidity proceedings between Sabores de Navarra, AIE and Frutas Solano, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sabores de Navarra, AIE to pay the costs.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 46/49

Judgment of the General Court of 11 December 2014 — ‘Millano’ Krzysztof Kotas v OHIM (Shape of a box of chocolates)

(Case T-440/13) (1)

((Community trade mark - Application for three-dimensional Community trade mark - Shape of a box of chocolates - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 046/61)

Language of the case: Polish

Parties

Applicant: Zakład Wyrobów Cukierniczych ‘Millano’ Krzysztof Kotas (Przeźmierowo, Poland) (represented by: B. Kański, 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 Second Board of Appeal of OHIM of 22 May 2013 (Case R 755/2012-2) concerning an application for registration of a three-dimensional sign consisting in the shape of a box of chocolates as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zakład Wyrobów Cukierniczych ‘Millano’ Krzysztof Kotas to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 344, 23.11.2013.
Official Journal of the European Union

Judgment of the General Court of 12 February 2015 — Vita Phone v OHIM — (LIFEDATA)

(Case T-318/13) (1)

((Community trade mark - Application for Community word mark LIFEDATA - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 - Lack of specific assessment - Duty to state reasons))

(2015/C 107/34)

Language of the case: German

Parties

Applicant: Vita Phone GmbH (Mannheim, Germany) (represented by: P. Ruess and A. Doepner-Thiele, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 March 2013 (Case R 1072/2012-1) concerning an application for registration of the word mark LIFEDATA as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vita Phone GmbH to pay the costs.

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 89/19

Judgment of the General Court of 30 January 2015 — Now Wireless v OHIM — STARBUCKS (HK) (now)

(Case T-278/13) (1)

((Community trade mark - Revocation proceedings - Community figurative mark now - Genuine use of the mark - Article 51(1)(a) and Article 51(2) of Regulation (EC) No 207/2009))

(2015/C 089/20)

Language of the case: English

Parties

Applicant: Now Wireless Ltd (Guildford, United Kingdom) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Starbucks (HK) Ltd (Hong Kong, China) (represented by: P. Kavanagh, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 March 2013 (Case R 234/2012-2), concerning revocation proceedings between Now Wireless Ltd and Starbucks (HK) Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Now Wireless Ltd to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 155/25

Judgment of the General Court of 26 March 2015 — Royal County of Berkshire Polo Club v OHIM — Lifestyle Equities (Royal County of Berkshire POLO CLUB)

(Case T-581/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark Royal County of Berkshire POLO CLUB - Earlier Community figurative trade marks BEVERLY HILLS POLO CLUB - Relative ground for refusal - Likelihood of confusion - Duty to state reasons - Article 75 of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009))

(2015/C 155/29)

Language of the case: English

Parties

Applicant: The Royal County of Berkshire Polo Club Ltd (London, United Kingdom) (represented by: J. Maitland-Walker, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: P. Bullock and N. Bambara, Agents)

The other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lifestyle Equities CV (Amsterdam, Netherlands) (represented by D. Russo, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 July 2013 (Case R 1374/2012-2), relating to opposition proceedings between Lifestyle Equities CV and Royal County of Berkshire Polo Club Ltd.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 July 2013 (Case R 1374/2012-2) to the extent that it refused Community trade mark application No 9642621 in respect of ‘whips, harness, and saddlery’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 127/22

Judgment of the General Court of 5 March 2015 — Rose Vision and Seseña v Commission

(Case T-45/13) (1)

((Arbitration clause - Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) - Grant agreements relating to the FIRST, FutureNEM and sISI projects - Actions for annulment and compensation - Reclassification of the actions - Admissibility - Suspension of payments - Deadline for providing the audit report - Dissemination of information to third parties))

(2015/C 127/29)

Language of the case: Spanish

Parties

Applicants: Rose Vision, SL (Seseña, Spain); and Julián Seseña (Pozuelo de Alarcón, Spain) (represented by: M. Muñiz Bernuy and A. Alonso Villa, lawyers)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, acting as Agents, assisted by J. Rivas Andrés and X. M. García García, lawyers)

Re:

First, action for annulment of the Commission’s letter by which it suspended the payments under grant agreement No 246910, relating to the FutureNEM project, and of financial audit report 11-INFS-025, on the basis of which it adopted that measure, and, secondly, action for damages for the harm allegedly suffered by the applicants as a consequence of the Commission’s conduct, up to a maximum of EUR 5 8 54 264, without prejudice to the damages which may be assessed in the course of the present proceedings as well as interest accrued.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rose Vision, SL and Mr Julián Seseña to pay the costs.

(1) OJ C 178, 22.6.2013.
EN Official Journal of the European Union C 213/32

Judgment of the General Court of 13 May 2015 — easyGroup IP Licensing v OHIM — Tui (easyAir-tours)

(Case T-608/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark easyAir-tours - Earlier national figurative mark airtours Ticket Factory - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - No similarity between the signs - No likelihood of confusion - Power to alter decisions - Article 65(3) of Regulation No 207/2009))

(2015/C 213/54)

Language of the case: English

Parties

Applicant: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: J. Day and K. Osgerby, Solicitors)

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, intervener before the General Court: Tui AG (Hanover, Germany) (represented by: D. von Schultz, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 1029/2012-1), relating to opposition proceedings between Tui AG and easyGroup IP Licensing Ltd.

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 5 September 2013 (Case R 1029/2012-1);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay those incurred by easyGroup IP Licensing Ltd;

4. Orders Tui AG to bear its own costs.

(1) OJ C 24, 25.1.2014.