ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 202/21

Judgment of the General Court of 15 May 2014 — Katjes Fassin v OHIM (Yoghurt-Gums)

(Case T-366/12) (1)

((Community trade mark - Application for Community figurative mark Yoghurt-Gums - Absolute grounds for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

2014/C 202/26

Language of the case: German

Parties

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2012 (Case R 523/2012-4) concerning registration of the figurative sign Yoghurt-Gums as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Katjes Fassin GmbH & Co. KG to pay the costs.

(1) OJ C 319, 20.10.2012.
EN Official Journal of the European Union C 292/34

Judgment of the General Court of 14 July 2014 — Vila Vita Hotel und Touristik v OHIM — Viavita (VIAVITA)

(Case T-204/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark VIAVITA - Earlier national word mark VILA VITA PARC and figurative mark VILA VITA - No genuine use of earlier marks - Article 42(2) and (3) and Article 15(1)(a) of Regulation (EC) No 207/2009))

2014/C 292/41

Language of the case: French

Parties

Applicant: Vila Vita Hotel und Touristik GmbH (Frankfurt am Main, Germany) (represented by: G. Schoenen and V. Töbelmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Viavita (Paris, France) (represented by: M.-P. Escande, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 419/2011-1) relating to opposition proceedings between Vila Vita Hotel und Touristik GmbH and Viavita.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vila Vita Hotel und Touristik GmbH to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Viavita.

(1) OJ C 217, 21.7.2012.
EN Official Journal of the European Union C 282/30

Judgment of the General Court of 9 July 2014 — Pågen Trademark v OHIM (gifflar)

(Case T-520/12) (1)

((Community trade mark - Application for the Community figurative mark gifflar - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - No distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009))

2014/C 282/39

Language of the case: Swedish

Parties

Applicant: Pågen Trademark AB (Malmö, Sweden) (represented by: J. Norderyd, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Leffler and P. Geroulakos, Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 September 2012 (Case R 46/2012-2), concerning an application for registration of the figurative mark gifflar as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pågen Trademark AB to pay the costs.

(1) OJ C 32, 2.2.2013.
Official Journal of the European Union

Judgment of the General Court of 25 September 2014 — Giorgis v OHIM — Comigel (Shape of two packaged goblets)

(Case T-474/12) (1)

((Community trade mark - Invalidity proceedings - Three-dimensional Community trade mark - Shape of two packaged goblets - Absolute ground for refusal - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and 7(3) of Regulation (EC) No 207/2009))

(2014/C 395/48)

Language of the case: English

Parties

Applicant: Giorgio Giorgis (Milan, Italy) (represented by: I. Prado and A. Tornato, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Comigel SAS (Saint-Julien-lès-Metz, France) (represented by: S. Guerlain, J. Armengaud and C. Mateu, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2012 (Case R 1301/2011-1) concerning invalidity proceedings between Comigel SAS and Mr Giorgio Giorgis.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Giorgio Giorgis to pay the costs.

(1) OJ C 9, 12.1.2013.
EN Official Journal of the European Union C 380/8

Judgment of the General Court of 11 September 2014 — Aroa Bodegas v OHIM — Bodegas Muga (aroa)

(Case T-536/12) (1)

((Community trade mark - Opposition procedure - Application for Community figurative mark aroa - Earlier national figurative mark Aro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion))

2014/C 380/10

Language of the case: Spanish

Parties

Applicant: Aroa Bodegas, SL (Zurukoain, Spain) (represented by: S. Alonso Maruri, 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: Bodegas Muga, SL (Haro, Spain) (represented by: L. Broschat García, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 October 2012 (Case R 1845/2010-4), relating to opposition proceedings between Bodegas Muga, SL and Aroa Bodegas, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aroa Bodegas, SL to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

3. Orders Bodegas Muga, SL to bear its own costs.

(1) OJ C 38, 9.2.2013.
EN Official Journal of the European Union C 448/19

Judgment of the General Court of 5 November 2014 — Mayaleh v Council

(Joined Cases T-307/12 and T-408/13) (1)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Functions of the governor of the Central Bank of Syria - Actions for annulment - Communication of an act imposing restrictive measures - Time-limit for bringing proceedings - Admissibility - Rights of the defence - Fair hearing - Obligation to state reasons - Buren of proof - Right to effective judicial protection - Proportionality - Right to property - Right to privacy and family life - Application of restrictions on admission to a national of a Member State - Freedom of movement for European Union nationals))

(2014/C 448/24)

Language of the case: French

Parties

Applicant: Adib Mayaleh (Damascus, Syri) (represented by: G. Karouni and C. Dumont, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and V. Piessevaux, Agents)

Re:

Partial annulment of: (i) Council Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 126, p. 9); (ii) Council Implementing Regulation (EU) No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2012 L 126, p. 3); (iii) Council Decision 2012/739/CFSP of 29 November 2012 concerning restrictive measures against Syria and repealing Decision 2011/782/CFSP (OJ 2012 L 330, p. 21); (iv) Council Implementing Regulation (EU) No 363/2013 of 22 April 2013 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2013 L 111, p. 1; corrigendum OJ 2013 L 127, p. 27); and (v) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14).

Operative part of the judgment

The Court:

1. Dismisses the application in Case T-307/12;

2. Declares that there is no need to adjudicate on the application in Case T-408/13.

3. Orders Mr Adib Mayaleh to pay the costs.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 421/32

Judgment of the General Court of 16 October 2014 — Novartis v OHIM — Tenimenti Angelini (LINEX)

(Case T-444/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark LINEX - Earlier national word mark LINES PERLA - Relative ground for refusal - Likelihood of confusion - Article 76(1), in fine, of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009))

2014/C 421/44

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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, intervener before the General Court: Tenimenti Angelini SpA (Montalcino, Italy) (represented by: R. Almaraz Palmero, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 414/2011-4), relating to opposition proceedings between Tenimenti Angelini SpA and Novartis AG.

Operative part of the judgment

The Court:

1) Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) of 6 August 2012 (Case R 414/2011-4);

2) Orders OHIM to bear its own costs and pay those incurred by the applicant;

3) Orders the intervener to bear its own costs.

(1) OJ C 399, 22.12.2012.
1.

Annuls, in so far as they concern Bank Tejarat: — Point 2 of Table I.B in Annex I to Council Decision 2012/35/CFSP of 23 January 2012, amending Decision 2010/413/CFSP on restrictive measures against Iran; — Point 2 of Table I.B in Annex I to Council Implementing Regulation (EU) No 54/2012 of 23 January 2012, implementing Regulation (EU) No 961/2010 on the adoption of restrictive measures against Iran; — Point 105 of Table I.B in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 on the adoption of restrictive measures against Iran and repealing Regulation (EU) No 961/2010; — Point 5 of Annex II to Council Implementing Regulation (EU) No 709/2012 of 2 August 2012, implementing Regulation No 267/2012.
Judgment of the General Court of 25 November 2014 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)

(Case T-375/12) (1)

(Community trade mark - Opposition procedure - International registration covering the European Community - Word mark KASTEEL - Earlier national word mark CASTEL BEER - Relative grounds for refusal - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 76(1) of Regulation No 207/2009)

(2015/C 016/52)

Language of the case: French

Parties

Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands) (represented by: R. Dequiré-Portier, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2012 (Case R 652/2011-2), in opposition proceedings between Beverage Trademark Co. Ltd BTM and Brouwerij Van Honsebrouck.

Operative part of the judgment

The Court:

(1) Dismisses the action;

(2) Orders Brouwerij Van Honsebrouck to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Beverage Trademark Co. Ltd BTM.

(1) OJ C 343, 10.11.2012.
EN Official Journal of the European Union C 146/36

Judgment of the General Court of 17 March 2015 — RFA International v Commission

(Case T-466/12) (1)

((Dumping - Imports of ferro-silicon originating in Russia - Refusal of applications for a refund of anti-dumping duties paid - Calculation of the export price - Single economic entity - Calculation of the dumping margin - Application of a methodology different from that used in the original investigation - Change in circumstances - Article 2(9) and Article 11(9) of Regulation (EC) No 1225/2009))

(2015/C 146/48)

Language of the case: English

Parties

Applicant: RFA International, LP (Calgary, Canada) (represented by: B. Evtimov, lawyer)

Defendant: European Commission (represented by: P. Němečková and A. Stobiecka-Kuik, acting as Agents)

Re:

Action for partial annulment of Commission Decisions C(2012) 5577 final, C(2012) 5585 final, C(2012) 5588 final, C(2012) 5595 final, C(2012) 5596 final, C(2012) 5598 final and C(2012) 5611 final of 10 August 2012 concerning applications for a refund of anti-dumping duties paid on imports of ferro-silicon originating in Russia, in so far as those decisions refuse reimbursement of the amounts of anti-dumping duties applied for, save for those amounts the applications for which have been found inadmissible because submitted after the statutory time-limits had expired.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders RFA International, LP to pay the costs.

(1) OJ C 389, 15.12.2012.
EN Official Journal of the European Union C 96/11

Judgment of the General Court of 5 February 2015 — Italy v Commission

(Case T-387/12) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Fruit and vegetables - Tomato processing sector - Aid to producer organisations - Expenditure incurred by Italy - Article 7(4) of Regulation (EC) No 1258/1999 - Article 31 of Regulation (EC) No 1290/2005 - Flat-rate correction))

(2015/C 096/13)

Language of the case: Italian

Parties

Applicant: Republic of Italy (represented by: G. Palmieri, Agent, and by S. Fiorentino, avvocato dello Stato)

Defendant: European Commission (represented by: P. Rossi and D. Bianchi, Agents)

Re:

Application for annulment in part of the Commission implementing decision 2012/336/EU of 22 June 2012, 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).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 319, 20/10/12.
EN Official Journal of the European Union C 262/16

Judgment of the General Court of 25 June 2015 — Copernicus-Trademarks v OHIM — Maquet (LUCEA LED)

(Case T-186/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark LUCEA LED - Earlier Community word mark LUCEO - Lack of precedence - Claiming of priority - Priority date entered in the register - Priority documents - Examination by OHIM of its own motion - Rights of the defence))

(2015/C 262/21)

Language of the case: English

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom), authorised to replace Verus EOOD (represented: initially by S. Vykydal and subsequently by F. Henkel, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Maquet SAS (Ardon, France) (represented by: N. Hebeis, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 February 2012 (Case R 67/2011-4), relating to opposition proceedings between Capella EOOD and Maquet SAS.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Copernicus-Trademarks Ltd to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Maquet SAS.

(1) OJ C 200, 7.7.2012.
EN Official Journal of the European Union C 205/26

Judgment of the General Court of 5 May 2015 — Skype v OHIM — Sky and Sky IP International (skype)

(Case T-423/12) (1)

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

(2015/C 205/35)

Language of the case: English

Parties

Applicant: Skype Ultd (Dublin, Ireland) (represented: initially by I. Fowler, Solicitor, J. Schmitt, lawyer, and J. Mellor QC, and subsequently by A. Carboni and M. Browne, Solicitors)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Sky plc, formerly British Sky Broadcasting Group plc (Isleworth, United Kingdom); and Sky IP International Ltd (Isleworth) (represented by: D. Rose and V. Baxter, Solicitors, and subsequently by D. Rose, R. Guthrie, Solicitors, T. Moody-Stuart, Barrister, and J. Curry, Solicitor)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 July 2012 (Case R 1561/2010-4) concerning opposition proceedings between, on the one hand, British Sky Broadcasting Group plc and Sky IP International Ltd and, on the other hand, Skype Ultd.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Skype Ultd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Sky plc and Sky IP International Ltd.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 398/27

Judgment of the General Court of 6 October 2015 — Technion and Technion Research v Commission

(Case T-216/12) (1)

((Funding - Sixth framework programme for research, technological development and demonstration activities - Recovery of sums paid by the Commission in connection with a research contract in line with the conclusions of a financial audit - Set-off of claims - Reclassification in part of the action - Application for a declaration that a contractual claim does not exist - Arbitration clause - Eligible costs - Unjust enrichment - Obligation to state reasons))

(2015/C 398/37)

Language of the case: French

Parties

Applicants: Technion — Israel Institute of Technology (Haifa, Israel) and Technion Research & Development Foundation Ltd (Haifa) (represented by: D. Grisay, lawyer)

Defendant: European Commission (represented by: D. Calciu and F. Moro, acting as Agents, assisted initially by L. Defalque and S. Woog, and subsequently by L. Defalque and J. Thiry, lawyers)

Re:

First, application for annulment, on the basis of Article 263 TFEU, of the Commission’s set-off decision contained in the letter of 13 March 2012, addressed to Technion — Israel Institute of Technology, and seeking recovery of the sum of EUR 97 118,69, corresponding to the amount of the adjusted sums, plus interest, for contract No 034984 (Mosaica), following the conclusions of the financial audit concerning, inter alia, that contract concluded under the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European research area and to innovation (2002-2006), and, secondly, application for a declaration, on the basis of Article 272 TFEU, that the claim which the Commission claims to have against Technion under the Mosaica contract and which is the subject matter of the disputed set-off does not exist.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Technion — Israel Institute of Technology and Technion Research & Development Foundation Ltd to pay the costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 136/24

Judgment of the General Court of 29 February 2016 — EGL and Others v Commission

(Case T-251/12) (1)

((Competition - Agreements, decisions and concerted practices - International air freight forwarding services - Decision finding an infringement of Article 101 TFEU - Price fixing - Surcharges and charging mechanisms affecting the final price - Definition of the market - Effect on trade between Member States - Cooperation - Partial immunity from a fine))

(2016/C 136/34)

Language of the case: English

Parties

Applicants: EGL, Inc. (Houston, Texas, United States), Ceva Freight (UK) Ltd (Ashby de la Zouch, United Kingdom) and Ceva Freight Shanghai Ltd (Shanghai, China) (represented initially by M. Brealey QC, S. Love, Barrister, M. Pullen, D. Gillespie and R. Fawcett-Feuillette, Solicitors, and subsequently by M. Brealey, S. Love, M. Pullen, R. Fawcett-Feuillette and M. Boles, Solicitor, and lastly by M. Brealey and M. Pullen)

Defendant: European Commission (represented by: V. Bottka and P. Van Nuffel, acting as Agents, and by S. Kingston, Barrister)

Re:

Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicants or, in the alternative, for variation of the fines imposed on them in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders EGL, Inc., Ceva Freight (UK) Ltd and Ceva Freight Shanghai Ltd to pay the costs.

(1) OJ C 227, 28.7.2012.