ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 304/19

Judgment of the General Court of 6 September 2013 — Iranian Offshore Engineering & Construction v Council

(Case T-110/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Time-limit for amendment of the form of order sought - Admissibility - Obligation to state reasons - Manifest error of assessment)

2013/C 304/32

Language of the case: Spanish

Parties

Applicant: Iranian Offshore Engineering & Construction Co. (Tehran, Iran) (represented by: J. Viñals Camallonga, L. Barriola Urruticoechea and J. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: P. Plaza García, V. Piessevaux and G. Ramos Ruano, acting as Agents)

Re:

Application for annulment, first, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), and, secondly, of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it included the name of Iranian Offshore Engineering & Construction Co. in Annex II to Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2. Annuls Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran in so far as it included the name of Iranian Offshore Engineering & Construction in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007;

3. Annuls Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 in so far as it concerns Iranian Offshore Engineering & Construction;

4. Orders the effects of Decision 2010/413, as amended by Decision 2011/783, to be maintained as regards Iranian Offshore Engineering & Construction, from its entry into force, on the 20th day following its publication in the Official Journal of the European Union, until the annulment in part of Regulation No 267/2012 takes effect;

5. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Iranian Offshore Engineering & Construction, in the present proceedings and in the proceedings for interim measures.

(1) OJ C 126, 28.4.2012.
EN Official Journal of the European Union C 233/6

Judgment of the General Court of 3 July 2013 — GRE v OHIM — Villiger Söhne (LIBERTE brunes)

(Case T-78/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LIBERTE brunes - Earlier Community word and figurative marks La LIBERTAD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 233/10

Language of the case: German

Parties

Applicant GRE Grand River Enterprises Deutschland GmbH (Kloster Lehnin, Germany) (represented by: I. Memmler and S. Schulz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Villiger Söhne GmbH (Waldshut-Tiengen, Germany) (represented by: H. McKenzie and B. Pikolin, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 December 2011 (Case R 2109/2010-1), relating to opposition proceedings between Villiger Söhne GmbH and GRE Grand River Enterprises Deutschland GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GRE Grand River Enterprises Deutschland GmbH to pay the costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 9/23

Judgment of the General Court of 21 November 2013 — Recaro v OHIM — Certino Mode (RECARO)

(Case T-524/12) (1)

(Community trade mark - Revocation proceedings - Community word mark RECARO - Genuine use of the mark - Article 15(15)(a) of Regulation (EC) No 207/2009 - Nature of the use of the mark - Admissibility of new evidence - Article 76(2) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2014/C 9/38

Language of the case: English

Parties

Applicant: Recaro Holding GmbH, formerly Recaro Beteiligungs-GmbH (Stuttgart (Germany)) (represented by: J. Weiser, 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: Certino Mode SL (Elche (Spain))

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 1761/2011-1) relating to revocation proceedings between Recaro Beteiligungs-GmbH and Certino Mode SL

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Recaro Holding GmbH to pay the costs.

(1) OJ C 32, 2.2.2013.
EN Official Journal of the European Union C 359/9

Judgment of the General Court of 23 October 2013 — Bode Chemie GmbH v OHIM — Laros (sterilina)

(Case T-114/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark sterilina - Earlier Community word and figurative marks STERILLIUM and BODE Sterillium - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 359/15

Language of the case: French

Parties

Applicant: Bode Chemie GmbH (Hamburg, Germany) (represented by: M. Aicher, lawyer)

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: Laros Srl (Cremone, Italy) (represented by: F. Caricato, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 January 2012 (Case R 2423/2010-4) relating to opposition proceedings between Bode Chemie GmbH and Laros Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bode Chemie GmbH to pay the costs, including the expenses necessarily incurred by Laros Srl for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 165, 9.6.2012.
EN Official Journal of the European Union C 52/34

Judgment of the General Court of 16 January 2014 — Investrónica, SA v OHIM — Olympus Imaging (MICRO)

(Case T-149/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark MICRO - Earlier national figurative mark micro - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 - Power to alter decisions)

2014/C 52/62

Language of the case: English

Parties

Applicant: Investrónica, 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: P. Geroulakos, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Olympus Imaging Corp. (Tokyo, Japan) (represented by: C. Opatz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 January 2012 (Case R 347/2011-4), relating to opposition proceedings between Investrónica, SA and Olympus Imaging Corp.

Operative part of the judgment

The Court:

1. Annuls the decision of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 January 2012 (Case R 347/2011-4).

2. Allows the opposition with regard to the goods covered by Class 9 and corresponding to the following description: ‘Photographic apparatus and instruments, digital cameras, interchangeable lenses, and parts and accessories therefor as far as included in Class 9’.

3. Orders OHIM to bear its own costs, together with half of the costs incurred by Investrónica, SA.

4. Orders Olympus Imaging Corp. to bear its own costs, together with half of the costs incurred by Investrónica, SA.

(1) OJ C 194, 30.6.2012.
EN Official Journal of the European Union C 102/34

Judgment of the General Court of 27 February 2014 — Lidl Stiftung v OHIM — Lídl Music (LIDL express)

(Case T-225/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark LIDL express - Earlier national figurative mark LÍDL MUSIC - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 15(1) and Article 42(2) and (3) of Regulation No 207/2009))

2014/C 102/53

Language of the case: English

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: initially by M. Schaeffer, M. Wolter and A. Marx, and subsequently by M. Wolter, A. Marx and M. Kefferpütz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Lídl Music spol. s r.o. (Brno, Czech Republic)

Re:

Action for annulment of the decision of the First Board of Appeal of OHIM of 21 March 2012 (Case R 2379/2010-1) relating to opposition proceedings between Lídl Music spol. s r.o. and Lidl Stiftung & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lidl Stiftung & Co. KG to pay the costs.

(1) OJ C 227, 28.7.2012.
Official Journal of the European Union

Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN BREAKAWAY)

(Case T-514/12) (1)

(Community trade mark - Application for the Community word mark NORWEGIAN BREAKAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

(2014/C 71/33)

Language of the case: German

Parties

Applicant: NCL (Miami, Florida, United Kingdom) (represented by: N. Grüger, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1017/2012-4), concerning an application for registration of the word sign NORWEGIAN BREAKAWAY as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 175/39

Judgment of the General Court of 9 April 2014 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA)

(Case T-501/12) (1)

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

2014/C 175/52

Language of the case: English

Parties

Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented initially by I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers, and subsequently by I. Fowler, A. Renck and D. Slopek, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tillotts Pharma AG (Ziefen, Switzerland) (represented by: T. Alkin, Barrister)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1214/2011-4), concerning opposition proceedings between Farmaceutisk Laboratorium Ferring A/S and Tillotts Pharma AG.

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 6 September 2012 (Case R 1214/2011-4);

2. Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S;

3. Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring.

(1) OJ C 26, 26. 1. 2013.
EN Official Journal of the European Union C 142/33

Judgment of the General Court of 26 March 2014 — Still v OHIM (Fleet Data Services)

(Joined Cases T-534/12 and T-535/12) (1)

((Community Trade Mark - Applications for registration of the Community figurative marks Fleet Data Services and Truck Data Services - Absolute ground for refusal - Descriptiveness - Absence of any distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - The right to be heard - Article 75, second sentence, of Regulation No 207/2009))

2014/C 142/42

Language of the case: German

Parties

Applicant: Still GmbH (Hamburg, Germany) (represented by: S. Waller, lawyer)

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

Re:

Two actions brought against two decisions of the First Board of Appeal of OHIM of 10 September 2012 (Case R 130/2012-1 and Case R 4/2012-1), concerning applications for registration, first, of the figurative sign Fleet Data Services and, secondly, the figurative sign Truck Data Services as Community trade marks.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Still GmbH to pay the costs.

(1) OJ C 32, 2.2.2013.
EN Official Journal of the European Union C 245/9

Judgment of the General Court of 11 June 2014 — Syria International Islamic Bank v Council

(Case T-293/12) (1)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Manifest error of assessment - Burden of proof - Claim for damages))

2014/C 245/12

Language of the case: French

Parties

Applicant: Syria International Islamic Bank PJSC (Damascus, Syria) (represented by: G. Laguesse and J.-P. Buyle, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and D. Gicheva, acting as Agents)

Re:

Firstly, application for annulment of Council Implementing Regulation (EU) No 544/2012 of 25 June 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 165, p. 20, corrigendum OJ 2012 L 173, p. 27) and of Council Implementing Decision 2012/335/CFSP of 25 June 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 165, p. 80), in so far as they concern the applicant and, secondly, a claim for damages.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 544/2012 of 25 June 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria in so far as it relates to Syria International Islamic Bank PJSC;

2. Annuls Council Implementing Decision 2012/335/CFSP of 25 June 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria in so far as it relates to Syria International Islamic Bank;

3. Dismisses the claim for damages as inadmissible;

4. Orders Syria International Islamic Bank to bear one quarter of its own costs;

5. Orders the Council of the European Union to bear its own costs and to pay three quarters of those incurred by Syria International Islamic Bank.

(1) OJ C 258, 25.8.2012.
EN Official Journal of the European Union C 202/20

Judgment of the General Court of 20 May 2014 — Argo Group International Holdings v OHIM — Arisa Assurances (ARIS)

(Case T-247/12) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark ARIS - Earlier Community figurative mark ARISA ASSURANCES S.A. - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Coexistence of earlier marks on the market - Principle of American law known as the ‘Morehouse defense’ - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 202/25

Language of the case: English

Parties

Applicant: Argo Group International Holdings Ltd (Hamilton, Bermuda, United Kingdom) (represented by: R. Hoy, S. Levine and N. Edbrooke, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arisa Assurances SA (Luxembourg, Luxembourg) (represented by: H. Bock, lawyer)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 9 March 2012 (Case R 193/2011-2), concerning opposition proceedings between Arisa Assurances SA and Argo Group International Holdings Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Argo Group International Holdings Ltd to pay the costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 292/37

Judgment of the General Court of 10 July 2014 — Greece v Commission

(Case T-376/12) (1)

((EAGGF - ‘Guarantee’ section - EAGF and EAFRD - Expenditure excluded from financing - Dried grapes - Wine - Expenditure incurred by Greece - One-off financial correction - Method of calculating - Nature of the procedure for clearance of accounts - Link with expenditure financed by the European Union))

2014/C 292/44

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I. Chalkias, E. Leftheriotou and S. Papaïoannou, acting as Agents)

Defendant: European Commission (represented by: D. Triantafyllou and H. Tserepa-Lacombe, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2012/336/EU of 22 June 2011 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2012 L 165, p. 83), in so far as that decision concerns the dried grapes sector, in respect of financial years 2007, 2008 and 2009, and the wine sector of the Hellenic Republic.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision 2012/336/EU of 22 June 2011 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it imposes on the Hellenic Republic a one-off financial correction for the wine sector;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 282/29

Judgment of the General Court of 3 July 2014 — Spain v Commission

(Case T-Joined Cases T-319/12 and T-321/12) (1)

((State aid - Cinematography - Aid for the construction and operation of a film studio complex - Decision declaring the aid incompatible with the internal market - Criterion of private market economy investor - State aid for regional purposes - Aid to promote culture - Duty to state reasons))

2014/C 282/37

Language of the case: Spanish

Parties

Applicants: Kingdom of Spain (represented by: A. Rubio González, abogade del Estado); Cuidad de la Luz, SAU (Alicante, Spain); and Sociedad Proyectos Temáticos de la Comunidad Valenciana, SAU (Alicante) (represented initially by: J. Buendía Sierra, N. Ruiz García, J. Belenguer Mula and M. Muñoz de Juan, and subsequently by: J. Buendía Sierra and J. Belenguer Mula, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, P. Němečková and B. Stromsky, acting as Agents)

Re:

Application for annulment of Commission Decision C(2012) 3025 final of 8 May 2012 concerning State aid SA.22668 (C 8/2008 (NN 4/2008)), which Spain implemented in favour of Ciudad de la Luz, SA

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders La Ciudad de la Lux, SA, Sociedad Proyectos Temáticos de la Comunidad Valenciana, SA and the Kingdom of Spain to bear their own costs and to pay the costs incurred by the European Commission.

(1) OJ C 287, 22.9.2012.
Official Journal of the European Union

Judgment of the General Court of 25 September 2014 — Peri v OHIM (Shape of a turnbuckle)

(Case T-171/12) (1)

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

(2014/C 395/43)

Language of the case: German

Parties

Applicant: Peri GmbH (Weißenhorn, Germany) (represented by: J. Dönch, 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 26 January 2012 (Case R 1209/2011-1), concerning an application for registration of a three-dimensional sign in the shape of a turnbuckle as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Peri GmbH to pay the costs.

(1) OJ C 184, 23.6.2012.
EN Official Journal of the European Union C 388/10

Judgment of the General Court of 23 September 2014 — Nuna International v OHIM — Nanu-Nana Joachim Hoepp (nuna)

(Case T-195/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark nuna - Earlier Community word marks NANA and NANU-NANA - Relative ground for refusal - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 388/11

Language of the case: English

Parties

Applicant: Nuna International BV (Erp, Netherlands) (represented by: A. Alpera Plazas, lawyer)

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: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2012 (Case R 476/2011-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Nuna International BV.

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 15 February 2012 (Case R 476/2011-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Nuna International BV, as regards the ‘strollers; buggies; safety car seats for children’ in Class 12 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 the ‘baby walkers’ and ‘sleeping bags for baby and children’ in Class 20;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 209, 14.7.2012.