ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 12 December 2018 — Unichem Laboratories v Commission

(Case T-705/14) (1)

((Competition - Agreements, decisions and concerted practices - Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Article 101 TFEU - Patent dispute settlement agreement - Commission’s territorial jurisdiction - Imputation of the unlawful conduct - Administrative procedure - Legal professional privilege protecting communications between lawyers and their clients - Potential competition - Restriction of competition by object - Objective necessity of the restriction - Balance between competition law and patent law - Conditions for exemption under Article 101(3) TFEU - Fines))

(2019/C 82/33)

Language of the case: English

Parties

Applicant: Unichem Laboratories Ltd (Mumbai, India) (represented by S. Mobley, K. Shaw, K. Cousins, M. Healy, H. Sheraton, and E. Batchelor, Solicitors)

Defendant: European Commission (represented initially by F. Castilla Contreras, T. Vecchi and B. Mongin, and subsequently by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by S. Kingston, Barrister-at-law)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 4955 final of 9 July 2014 relating to a proceeding under Article 101 and Article 102 TFEU [Case AT.39612 — Perindopril (Servier)] in so far as it concerns the applicant and, in the alternative, for annulment or reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Unichem Laboratories Ltd to pay the costs.

(1) OJ C 448, 15.12.2014.
Judgment of the General Court of 13 December 2018 — Slovak Telekom v Commission

(Case T-851/14) (1)

((Competition - Abuse of dominant position - Slovakian market for broadband telecommunications services - Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market - Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement - Single and continuous infringement - Definition of ‘abuse’ - Refusal to grant access - Margin squeeze - Calculation of margin squeeze - Equally efficient competitor test - Rights of defence - Imputation of an infringement committed by a subsidiary to its parent company - Decisive influence of the parent company over the subsidiary’s commercial policy - Actual exercise of such influence - Burden of proof - Calculation of the fine - 2006 Guidelines on the method of setting fines))

(2019/C 82/35)

Language of the case: English

Parties

Applicant: Slovak Telekom, a.s. (Bratislava, Slovakia) (represented by: D. Geradin, lawyer, and R. O’Donoghue QC)

Defendant: European Commission (represented initially by: M. Farley, L. Malferrari and G. Koleva, and subsequently by M. Farley, M. Kellerbauer, L. Malferrari and C. Vollrath, acting as Agents)

Intervener in support of the defendant: Slovanet, a.s. (Bratislava) (represented by: P. Tisaj, lawyer)

Re:

Action under Article 263 TFEU seeking, primarily, the annulment, insofar as it concerns the applicant, of Commission Decision C(2014) 7465 final of 15 October 2014 relating to proceedings under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39523 — Slovak Telekom), as rectified by Commission Decision C(2014) 10119 final of 16 December 2014 and by Commission Decision C(20 15) 2484 final of 17 April 2015, and, in the alternative, the reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 1(2)(d) of Commission Decision C(2014) 7465 final of 15 October 2014 relating to proceedings under Article 102 TFEU and Article 54 of the EEA Agreement (Case AT.39523 — Slovak Telekom) in so far as it declares that, over the course of the period between 12 August and 31 December 2005, Slovak Telekom, a.s., imposed unfair tariffs which do not allow an equally efficient operator relying on wholesale access to its unbundled local loops to replicate the retail broadband services offered by it without incurring a loss;

2. Annuls Article 2 of Decision C(2014) 7465 final in so far as it fixes the amount of the fine imposed jointly and severally on Slovak Telekom at EUR 38 838 000;

3. Fixes the amount of the fine imposed jointly and severally on Slovak Telekom at EUR 38 061 963;

4. Dismisses the action as to the remainder;

5. Orders Slovak Telekom to bear four fifths of its own costs, four fifths of the costs of the European Commission and four-fifths of the costs of Slovanet, a.s.;

6. Orders the Commission to bear one fifth of its own costs and one fifth of the costs incurred by Slovak Telekom;

7. Orders Slovanet to bear one fifth of its own costs.

(1) OJ C 127, 20.4.2015.
EN Official Journal of the European Union C 16/37

Judgment of the General Court of 24 November 2015 — Intervog v OHIM (meet me)

(Case T-190/15) (1)

((Community trademark - Application for Community figurative mark meet me - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 016/46)

Language of the case: French

Parties

Applicant: Intervog (Paris, France) (represented by: M.-R. Hirsch, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 February 2015 (Case R 845/2014-4) concerning an application for registration of the sign meet me as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Intervog to pay the costs.

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 191/26

Judgment of the General Court of 12 April 2016 — Auyantepui Corp. v EUIPO — Magda Rose (Mr Jones)

(Case T-8/15) (1)

((European Union trade mark - Opposition proceedings - Application for European Union figurative mark Mr Jones - Earlier international figurative mark Jones - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 191/33)

Language of the case: English

Parties

Applicant: Auyantepui Corp., SA (Panama, Panama) (represented by: E. Manresa Medina, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: E. Zaera Cuadrado, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Magda Rose GmbH & Co. KG (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 October 2014 (Case R 49/2014-2) relating to opposition proceedings between Magda Rose GmbH & Co. KG and Auyantepui Corp., SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Auyantepui Corp., SA, to pay the costs.

(1) OJ C 118, 13.4.2015.
EN Official Journal of the European Union C 136/33

Judgment of the General Court of 1 March 2016 — 1&1 Internet v OHIM — Unoe Bank (1e1)

(Case T-61/15) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark 1e1 - Earlier national word mark UNO E and earlier figurative mark unoe - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 136/47)

Language of the case: English

Parties

Applicant: 1&1 Internet AG (Montabaur, Germany) (represented by: G. Klopp, lawyer)

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, intervening before the General Court: Unoe Bank, SA (Madrid, Spain) (represented by: N. González-Alberto Rodríguez, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 December 2014 (Case R 101/2014-5) relating to opposition proceedings between Unoe Bank, SA and 1&1 Internet AG.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of OHIM of 4 December 2014 (Case R 101/2014-5) relating to opposition proceedings between Unoe Bank, SA and 1&1 Internet AG;

2. Orders OHIM to bear its own costs and to pay the costs incurred by 1&1 Internet AG;

3. Orders Unoe Bank, SA to bear its own costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 243/31

Judgment of the General Court of 25 May 2016 — Ice Mountain Ibiza v EUIPO — Marbella Atlantic Ocean Club (ocean ibiza)

(Case T-6/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark ocean ibiza - Earlier national figurative marks OC ocean club and OC ocean club Ibiza - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009))

(2016/C 243/32)

Language of the case: Spanish

Parties

Applicant: Ice Mountain Ibiza, SL (San Antonio, Spain) (represented by: J. L. Gracia Albero, F. Miazzetto and E. Cebollero González, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Marbella Atlantic Ocean Club, SL (Puerto Banús, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2014 (Case R 2207/2013-1) relating to opposition proceedings between Marbella Atlantic Ocean Club and Ice Mountain Ibiza

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ice Mountain Ibiza, SL to pay the costs.

(1) OJ C 73, 2.3.2015.
Official Journal of the European Union

Judgment of the General Court of 26 April 2016 — Franmax v EUIPO — Ehrmann (Dino)

(Case T-21/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative trade mark Dino - Earlier EU figurative trade mark representing a dinosaur - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 211/60)

Language of the case: English

Parties

Applicant: Franmax UAB (Vilnius, Lithuania) (represented by: E. Saukalas, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: J. Crespo Carrillo, acting as Agent, assisted by B. Uriarte Valiente, lawyer)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Ehrmann AG Oberschönegg im Allgäu (Oberschönegg, Germany) (represented by: A. Gaul, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 October 2014 (Case R 2012/2013-5) concerning opposition proceedings between Ehrmann AG Oberschönegg im Allgäu and Franmax UAB.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Franmax UAB to pay the costs.

(1) OJ 2015 C 107, 30.3.2015, p. 32.
EN Official Journal of the European Union C 305/33

Judgment of the General Court of 6 July 2016 — LM v Commission

(Case T-560/15 P) (1)

((Appeal - Civil service - Officials - Survivor’s pension - Articles 18 and 27 of Annex VIII to the Staff Regulations - Article 25 of the Charter of Fundamental Rights - Right of the divorced spouse of the deceased official - Maintenance paid by the deceased official))

(2016/C 305/46)

Language of the case: Italian

Parties

Appellant: LM (Ispra, Italy) (represented by: L. Ribolzi, lawyer)

Other party to the proceedings: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal [confidential], and asking for annulment of that order.

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Orders LM to pay the costs.

(1) OJ C 414, 14.12.2015.
EN Official Journal of the European Union C 251/27

Judgment of the General Court of 26 May 2016 — International Management Group v Commission

(Case T-110/15) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an OLAF investigation - Access refused - Exception concerning the protection of the purpose of inspections, investigations and audits - Obligation to carry out a specific and individual examination - Category of documents))

(2016/C 251/30)

Language of the case: English

Parties

Applicant: International Management Group (Brussels, Belgium) (represented initially by M. Burgstaller, Solicitor, and E. Wright, Barrister, and subsequently by A. Tymen and L. Levi, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and S. Bartelt, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Decision THOR/C4/LL/el/(S) (2015) 4287 of the European Anti-Fraud Office (OLAF) of 6 February 2015 refusing to grant the applicant access to documents relating to the investigation concerning it.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders International Management Group to pay the costs.

(1) OJ C 138, 27.4.2015.
EN Official Journal of the European Union C 392/33

Judgment of the General Court of 13 September 2016 — hyphen v EUIPO — Skylotec (Representation of a polygon)

(Case T-146/15) (1)

((EU trade mark - Revocation proceedings - EU figurative mark representing a polygon - Genuine use of a mark - Second subparagraph of Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form differing in components which do not alter the distinctive character of the mark))

(2016/C 392/41)

Language of the case: German

Parties

Applicant: hyphen GmbH (Munich, Germany) (represented by: M. Gail and M. Hoffmann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Skylotec GmbH (Neuwied, Germany) (represented by: M. De Zorti and M. Helfrich, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 March 2015 (Case R 1506/2014-4), concerning revocation proceedings between Skylotec and hyphen.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 March 2015 (Case R 1506/2014-4), concerning revocation proceedings between Skylotec GmbH and hyphen GmbH in so far as the Board of Appeal found, with respect to goods in Classes 9 and 25 within the meaning of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended, that the proprietor of the registered European Union trade mark should have its rights revoked.

2. Dismisses the action as to the remainder.

3. Orders EUIPO to bear its own costs and to pay those incurred by hyphen.

4. Orders Skylotec to bear its own costs.

(1) OJ C 171, 26.5.2015.
EN Official Journal of the European Union C 383/14

Judgment of the General Court of 8 September 2016 — Dr Vita v EUIPO (69)

(Case T-360/15) (1)

((EU trade mark - Application for EU figurative mark 69 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2016/C 383/19)

Language of the case: Polish

Parties

Applicant: Dr Vita sp. z o.o. (Olsztyn, Poland) (represented by: D. Rzążewska, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 April 2015 (Case R 2513/2014-5), relating to an application for registration of the figurative sign 69 as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dr Vita sp. z o.o. to pay the costs.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 410/17

Judgment of the General Court of 28 September 2016 — European Food v EUIPO — Société des produits Nestlé (FITNESS)

(Case T-476/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark FITNESS - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c), Article 52(1)(a) and Article 76 of Regulation (EC) No 207/2009 - Rule 37(b)(iv) and Rule 50(1) of Regulation (EC) No 2868/95 - Production of evidence for the first time before the Board of Appeal))

(2016/C 410/23)

Language of the case: English

Parties

Applicant: European Food SA (Drăgănești, Romania) (represented by: I. Speciac, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and S. Cobet-Nüse, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 June 2015 (Case R 2542/2013-4), relating to invalidity proceedings between European Food and Société des produits Nestlé.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 June 2015 (Case R 2542/2013-4), relating to invalidity proceedings between European Food SA and Société des produits Nestlé SA;

2. Orders EUIPO to bear its own costs and to pay those incurred by European Food;

3. Orders Société des produits Nestlé to bear its own costs.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 402/42

Judgment of the General Court of 20 September 2016 — Excalibur City v EUIPO — Ferrero (MERLIN’S KINDERWELT)

(Case T-565/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark MERLIN’S KINDERWELT - Earlier national word mark KINDER - Relative ground for refusal - No similarity between the signs - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 402/49)

Language of the case: English

Parties

Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. Engin-Deniz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Simandlova and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ferrero SpA (Alba, Italy) (represented by: L. Ghedina and F. Jacobacci, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 9 July 2015 (Case R 1538/2014-1), relating to opposition proceedings between Ferrero and Excalibur City.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 July 2015 (Case R 1538/2014-1);

2. Orders EUIPO to bear its own costs and to pay those incurred by Excalibur City s.r.o.;

3. Orders Ferrero SpA to bear its own costs.

(1) OJ C 398, 30.11.2015.
Official Journal of the European Union

Judgment of the General Court of 18 October 2016 — Meissen Keramik v EUIPO (MEISSEN KERAMIK)

(Case T-776/15) (1)

((EU trade mark - Application for EU figurative mark MEISSEN KERAMIK - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2016/C 441/23)

Language of the case: German

Parties

Applicant: Meissen Keramik GmbH (Meissen, Germany) (represented by: M. Vohwinkel and M. Bagh, lawyers)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek and A. Schifko, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 October 2015 (Case R 531/2015-1), concerning an application for registration of the figurative sign MEISSEN KERAMIK as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Messen Kermaik GmbH to pay the costs.

(1) OJ C 78, 29.2.2016.
EN Official Journal of the European Union C 419/42

Order of the General Court of 30 September 2016 — Flowil International Lighting v EUIPO — Lorimod Prod Com (Silvania Food)

(Case T-430/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative trade mark Silvania Food - Earlier EU word marks SYLVANIA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009))

(2016/C 419/54)

Language of the case: English

Parties

Applicant: Flowil International Lighting (Holding) BV (Amsterdam, Netherlands) (represented by: J. Güell Serra, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: SC Lorimod Prod Com, Srl (Simleul Silvaniei, Romania)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 May 2015 (Case R 616/2014-2), concerning opposition proceedings between Flowil International Lighting (Holding) and SC Lorimod Prod Com.

Operative part of the order

1. Dismisses the action.

2. Orders Flowil International Lighting (Holding) BV to pay the costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 14/30

Judgment of the General Court of 23 November 2016 — Alsteens v Commission

(Case T-328/15 P) (1)

((Appeal - Civil Service - Temporary staff - Renewal of contract - Restriction of the duration of the contract renewal - Rights of the defence))

(2017/C 014/36)

Language of the case: French

Parties

Appellant: Geoffroy Alsteens (Marcinelle, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Other party to the proceedings: European Commission (represented initially by: J. Currall, G. Berscheid and T. Bohr, and subsequently by: G. Berscheid and T. Bohr, acting as Agents)

Re:

Appeal lodged against the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 April 2015, Alsteens v Commission (F-87/12 RENV, EU:F:2015:31), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 April 2015, Alsteens v Commission (F-87/12 RENV, EU:F:2015:31) insofar as the Civil Service Tribunal dismissed the first and third pleas in law seeking annulment raised at first instance and the claim for damages;

2. Rejects the plea of inadmissibility raised by the Commission before the Civil Service Tribunal;

3. Annuls the decision of the European Commission of 18 November 2011, insofar as it restricts the duration of the extension of Mr Geoffroy Alsteens’ temporary contract to 31 March 2012;

4. Refers the action back to a Chamber of the General Court other than that which has ruled in the present appeal for a ruling on the claims for damages put forward by Mr Alsteens;

5. Reserves the costs.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 462/15

Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN-čerpací stanice)

(Case T-123/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark UNICORN-čerpací stanice - Earlier national word and figurative marks UNICORN - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009))

(2016/C 462/17)

Language of the case: English

Parties

Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 January 2015 (Case R 153/2014-5), concerning opposition proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Unicorn a.s. to pay the costs.

(1) OJ C 171, 26.5.2015.