ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 205/34

Judgment of the Court of First Instance of 8 July 2009 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar)

(Case T-28/08) (1)

(Community trade mark - Invalidity proceedings - Community three-dimensional mark - Shape of a chocolate bar - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Right to be heard - Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 of Regulation No 207/2009))

2009/C 205/61

Language of the case: English

Parties

Applicant: Mars, Inc. (McLean, Virginia, United States) (represented by: A. Bryson, Barrister, and G. Mills, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: M. Knitter and R. Jacobs, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 October 2007 (Case R 1325/2006-2), relating to invalidity proceedings between Ludwig Schokolade GmbH & Co. KG and Mars, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mars, Inc. to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 180/47

Judgment of the Court of First Instance of 11 June 2009 — Bastos Viegas v OHIM — Fabre Médicament (OPDREX)

(Case T-33/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark OPDREX - Earlier national word mark OPTREX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 180/87

Language of the case: Spanish

Parties

Applicant: Bastos Viegas, SA (Penafiel, Portugal) (represented by: G. Marín Raigal and P. López Ronda, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Pierre Fabre médicament (Boulogne Billancourt, France) (represented by: J. Grau Mora, A. Angulo Lafora and M. Ferrándiz Avendaño, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2007 (Case R 1238/2006-4), relating to opposition proceedings between Pierre Fabre Médicament SA and Bastos Viegas, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bastos Viegas, SA to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 11/26

Judgment of the Court of First Instance of 19 November 2009 — Clearwire Corporation v OHIM (CLEARWIFI)

(Case T-399/08) (1)

(Community trade mark - International registration designating the European Community - Word mark CLEARWIFI - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 11/50

Language of the case: English

Parties

Applicant: Clearwire Corporation (Kirkland, Washington (United States)) (represented by: G. Konrad, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 June 2008 (R 706/2008-1) concerning the international registration, designating the European Community, of the sign CLEARWIFI.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Clearwire Corp. to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 282/45

Judgment of the Court of First Instance of 30 September 2009 — JOOP! v OHIM (Representation of an exclamation mark in a rectangle)

(Case T-191/08) (1)

(Community trade mark - Application for registration of a figurative Community trade mark representing an exclamation mark in a rectangle - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 40/94 (now Article 7(1)(b), (c) and 7(3) of Regulation (EC) No 207/2009)

2009/C 282/85

Language of the case: German

Parties

Applicant: JOOP! GmbH (Hamburg, Germany) (represented by: H. Schmidt-Hollburg, W. Möllering, A. Löhde, H. Leo, A. Witte, T. Frank, A. Theil, H-P. Rühland, B. Willers and T. Rein, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 March 2008 (Case R 1822/2007-1) relating to an application for registration of a figurative sign as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JOOP! GmbH to pay the costs.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 113/42

Judgment of the General Court of 18 March 2010 — Forum 187 v Commission

(Case T-189/08) (1)

(Actions for annulment - State aid - Aid scheme for coordination centres established in Belgium - New decision of the Commission adopted following partial annulment by the Court - Association - No interest in bringing proceedings - Inadmissibility)

2010/C 113/66

Language of the case: English

Parties

Applicant: Forum 187 (Brussels, Belgium) (represented by: A. Sutton and G. Forwood, Barristers)

Defendant: European Commission (represented by: N. Khan and C. Urraca Caviedes, Agents)

Re:

Action for the annulment of Commission Decision 2008/283/EC of 13 November 2007 amending Decision 2003/757/EC on the aid scheme implemented by Belgium for coordination centres established in Belgium (OJ 2008 L 90, p. 7), in so far as it does not provide reasonable prospective transitional periods for the coordination centres concerned by the judgment of the Court of Justice in Joined Cases C-182/03 and C-217/03 Belgium and Forum 187 v Commission [2006] ECR I-5479

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Forum 187 ASBL to pay the costs.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 37/36

Judgment of the General Court of 16 December 2009 — Giordano Enterprises v OHIM — Dias Magalhães & Filhos (GIORDANO)

(Case T-483/08) (1)

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

2010/C 37/48

Language of the case: English

Parties

Applicant: Giordano Enterprises Ltd (F.T. Labuan, Malaysia) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: José Dias Magalhães & Filhos Lda (Arrifana Vfr, Portugal) (represented by: J.M. João, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos Lda and Giordano Enterprises Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Giordano Enterprises Ltd. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 179/34

Order of the General Court of 19 May 2010 — Arbeitsgemeinschaft Golden Toast v OHIM (Golden Toast)

(Case T-163/08) (1)

(Community trade mark - Application for the Community word mark Golden Toast - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation No 207/2009))

2010/C 179/57

Language of the case: German

Parties

Applicant: Arbeitsgemeinschaft Golden Toast e.V. (Düsseldorf, Germany) (represented by: A. Späth and G. Hasselblatt, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2008 (Case R 761/2007-1) relating to an application to register the word sign Golden Toast as a Community trade mark.

Operative part of the order

The Court

1. Dismisses the action;

2. Orders the Arbeitsgemeinschaft Golden Toast e.V. to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 148/27

Judgment of the General Court of 20 April 2010 — Rodd & Gunn Australia v OHIM (Representation of a dog)

(Case T-187/08) (1)

(Community trade mark - Figurative Community trade mark representing a dog - Cancellation of the mark upon expiry of the registration - Request for renewal of the mark - Application for restitutio in integrum - Article 78 of Regulation (EC) No 40/94 (now Article 81 of Regulation (EC) No 207/2009))

2010/C 148/47

Language of the case: English

Parties

Applicant: Rodd & Gunn Australia Ltd (Wellington, New Zealand) (represented by: B. Brandreth, Barrister, and N. Jenkins, Solicitor)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2008 (Case R 1245/2007-4) relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rodd & Gunn Australia Ltd to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 221/41

Judgment of the General Court of 7 July 2010 — mPAY24 GmbH v OHIM — Ultra (M PAY)

(Case T-557/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark M PAY - Earlier Community and national word marks MPAY24 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 221/66

Language of the case: English

Parties

Applicant: mPAY24 GmbH (Vienna, Austria) (represented by: H-G. Zeiner, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ultra d.o.o. Proizvodnja elektronskih naprav (Zagorje ob Savi, Slovenia)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 September 2008 (Case R 221/2007-1) relating to opposition proceedings between mPAY24 GmbH and Ultra d.o.o. Proizvodnja elektronskih naprav.

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 September 2008 (Case R 221/2007-1) in so far as that decision dismissed the opposition brought by mPAY24 GmbH;

2. Orders OHIM to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 209/35

Judgment of the General Court of 10 June 2010 — Atlas Transport v OHIM — Hartmann (ATLAS TRANSPORT)

(Case T-482/08) (1)

(Community trade mark - Revocation proceedings - Community word mark ATLAS TRANSPORT - Genuine use of the trade mark - Articles 15 and 50(1) of Regulation No 40/94 (now Articles 15 and 51(1) of Regulation No 207/2009))

2010/C 209/51

Language of the case: German

Parties

Applicant: Atlas Transport GmbH (Düsseldorf, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Alfred Hartmann (Leer, Germany) (represented by C. Drews, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 September 2008 (Case R 1858/2007-4) relating to revocation proceedings between Alfred Hartmann and Atlas Transport GmbH.

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 9 September 2008 in Case R 1858/2007-4;

2. Orders OHIM to bear its own costs as well as those incurred by Atlas Transport GmbH;

3. Orders Alfred Hartmann to bear his own costs.

(1) OJ C 32, 7.2.2009.
Official Journal of the European Union

Judgment of the General Court of 3 September 2010 — Companhia Muller de Bebidas v OHIM — Missiato Industria e Comercio (61 A NOSSA ALEGRIA)

(Case T-472/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark 61 A NOSSA ALEGRIA - Earlier national word mark CACHAÇA 51 and earlier national figurative marks Cachaça 51 and Pirassununga 51 - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

(2010/C 288/68)

Language of the case: English

Parties

Applicant: Companhia Muller de Bebidas (represented by: G. Da Cunha Ferreira and I. Bairrão, 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: Missiato Industria e Comercio Ltda (Santa Rita Do Passa Quatro, Brazil)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 July 2008 (Case R 1687/2007-1) relating to opposition proceedings between Companhia Muller de Bebidas and Missiato Industria e Comercio Ltda

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 4 July 2008 (Case R 1687/2007-1).

2. Orders OHIM to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 234/33

Judgment of the General Court of 8 July 2010 — Freistaat Sachsen and Land Sachsen-Anhalt v Commission

(Case T-396/08) (1)

(State aid - Training aid - Decision declaring the aid to be in part compatible and in part incompatible with the common market - Need for the aid - Positive external effects - Obligation to give reasons)

2010/C 234/58

Language of the case: German

Parties

Applicants: Freistaat Sachsen (Germany) and Land Sachsen-Anhalt (Germany) (represented by: T. Müller-Ibold and T. Graf, lawyers)

Defendant: European Commission (represented by: F. França, K. Gross and B. Martenczuk, Agents)

Re:

Application for the partial annulment of Commission Decision 2008/878/EC of 2 July 2008 on State aid which Germany is planning to implement for DHL (OJ 2008 L 312, p. 31)

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Freistaat Sachsen and Land Sachsen-Anhalt to bear their own costs and to pay the costs incurred by the European Commission.

(1) OJ C 327 of 20.12.2008.
EN Official Journal of the European Union C 13/23

Judgment of the General Court of 12 November 2010 — Italy v Commission

(Case T-95/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Support scheme for production in the sector of products processed from fruit and vegetables - Exceptional support measures in the beef and veal sector - Tobacco premiums scheme)

2011/C 13/43

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Aiello and G. Palmieri, lawyers)

Defendant: European Commission (represented by: F. Jimeno Fernández and D. Nardi, acting as Agents, assisted by F. Ruggeri Laderchi, lawyer)

Re:

Application for partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12), in so far as it excludes certain expenditure incurred by the Italian Republic in the sectors of products processed from fruit and vegetables, beef and veal and raw tobacco

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the Italian Republic to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 301/27

Judgment of the General Court of 13 September 2010 — Inditex v OHIM — Marín Díaz de Cerio (OFTEN)

(Case T-292/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark OFTEN - Earlier national word mark OLTEN - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - 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) - Proof of genuine use of the earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009) - Subject-matter of the dispute before the Board of Appeal - Articles 61 and 62 of Regulation No 40/94 (now Articles 63 and 64 of Regulation No 207/2009))

2010/C 301/44

Language of the case: Spanish

Parties

Applicant: Industria de Diseño Textil (Inditex), SA (Arteixo, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Roberto Fernando Marín Díaz de Cerio (Logroño, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2008 (Case R 484/2007-2) in opposition proceedings between Roberto Fernando Marín Díaz de Cerio and Industria de Diseño Textil (Inditex), SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Industria de Diseño Textil (Inditex), SA to pay the costs.

(1) OJ C 236, 13.9.2008.
EN Official Journal of the European Union C 89/15

Judgment of the General Court of 3 February 2011 — Cantiere Navale De Poli v Commission

(Case T-584/08) (1)

(State aid - Temporary defensive mechanism for shipbuilding - Alteration planned by the Italian authorities to an aid scheme previously authorised by the Commission - Decision declaring the aid scheme incompatible with the common market)

2011/C 89/34

Language of the case: Italian

Parties

Applicant: Cantiere Navale De Poli SpA (Venice, Italy) (represented initially by: A. Abate and R. Longanesi Cattani, and subsequently by A. Abate and A. Franchi, lawyers)

Defendant: European Commission (represented by: E. Righini, C. Urraca Caviedes and V. Di Bucci, Agents)

Re:

Action for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cantiere Navale De Poli SpA to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 38/10

Judgment of the General Court of 15 December 2010 — E.ON Energie v Commission

(Case T-141/08) (1)

(Competition - Administrative procedure - Decision finding that seals had been broken - Article 23(1)(e) of Regulation (EC) No 1/2003 - Burden of proof - Presumption of innocence - Proportionality - Duty to state reasons)

2011/C 38/14

Language of the case: German

Parties

Applicant: E.ON Energie AG (Munich, Germany) (represented by: initially A. Röhling, C. Krohs, F. Dietrich and R. Pfromm, then A. Röhling, F. Dietrich and R. Pfromm, lawyers)

Defendant: European Commission (represented by: A. Bouquet, V. Bottka and R. Sauer, acting as Agents)

Re:

Annulment of Commission Decision C(2008) 377 final of 30 January 2008 imposing a fine under Article 23(1)(e) of Council Regulation (EC) No 1/2003 for breaking seals affixed by the Commission during an inspection (Case COMP/B-1/39.326 — E.ON Energie AG)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders E.ON Energie AG to pay the costs.

(1) OJ C 158, 21.6.2008.
EN Official Journal of the European Union C 211/23

Judgment of the General Court of 7 June 2011 — Toland v Parliament

(Case T-471/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Audit report on the parliamentary assistance allowance - Refusal of access - Exception relating to protection of the purpose of inspections, investigations and audits - Exception relating to protection of the decision-making process)

2011/C 211/49

Language of the case: English

Parties

Applicant: Ciarán Toland (Dublin, Ireland) (represented by: A. Burke, Solicitor, E. Regan, SC, and J. Newman, Barrister)

Defendant: European Parliament (represented by: H. Krück, N. Lorenz and D. Moore, acting as Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by B. Weis Fogh and C. Vang, acting as Agents), Republic of Finland (represented by J. Heliskoski, A. Guimaraes-Purokoski and H. Leppo, acting as Agents), Kingdom of Sweden (represented by A. Falk, S. Johannesson and K. Petkovska, acting as Agents)

Re:

Application for partial annulment of the decision of the European Parliament of 11 August 2008, Reference No A(2008) 10636, in so far as it refuses access to Report No 06/02 of the Internal Audit Service entitled ‘Audit of the Parliamentary Assistance Allowance’

Operative part of the judgment

The Court:

1. Annuls the decision of the European Parliament of 11 August 2008, Reference No A(2008) 10636, in so far as it refuses access to Report No 06/02 of the Internal Audit Service of the Parliament of 9 January 2008 entitled ‘Audit of the Parliamentary Assistance Allowance’;

2. Orders the Parliament to bear its own costs and to pay the costs incurred by Mr Ciarán Toland;

3. Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.

(1) OJ C 32, 7.2.2009.
EN Official Journal of the European Union C 160/16

Judgment of the General Court of 15 April 2011 — Czech Republic v Commission

(Case T-465/08) (1)

(PHARE - ‘Revolving funds’ obtained by the Czech Republic - Reimbursement of amounts paid - Commission decision to offset - Legal basis - Distinct legal orders - Concept of being certain and of a fixed amount - Obligation to state reasons)

2011/C 160/19

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek, acting as Agent)

Defendant: European Commission (represented by: P. van Nuffel, F. Dintilhac and Z. Malůšková, acting as Agents)

Re:

Annulment of the decision of the Commission of 7 August 2008 on offsetting the amounts owed by the Czech Republic under the ‘revolving funds’ of the PHARE programme.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Czech Republic to pay the costs.

(1) OJ C 327, 20.12.2008.