ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 14 July 2021 — Aldi v EUIPO (CUCINA)

(Case T-527/20) (1)

(EU trade mark - Application for the EU figurative mark CUCINA - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

(2021/C 349/51)

Language of the case: German

Parties

Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, C. Fürsen and M. Minkner, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Bosse and A. Söder, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 19 June 2020 (Case R 463/2020-2), concerning an application for registration of the figurative sign CUCINA as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aldi GmbH & Co. KG to pay the costs.

(1) OJ C 329, 5.10.2020.
Official Journal of the European Union

Judgment of the General Court of 8 September 2021 — Cara Therapeutics v EUIPO — Gebro Holding (KORSUVA)

(Case T-584/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark KORSUVA - Earlier national word mark AROSUVA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 431/43)

Language of the case: English

Parties

Applicant: Cara Therapeutics, Inc. (Wilmington, Delaware, United States) (represented by: J. Day, Solicitor, and by T. de Haan, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gebro Holding GmbH (Fieberbrunn, Austria) (represented by: M. Konzett, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 July 2020 (Case R 2450/2019-4), relating to opposition proceedings between Gebro Holding and Cara Therapeutics.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cara Therapeutic, Inc. to pay the costs.

(1) OJ C 390, 16.11.2020.
Official Journal of the European Union

Judgment of the General Court of 8 September 2021 — SBG v EUIPO — VF International (GEØGRAPHICAL NØRWAY)

(Case T-458/20) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark GEØGRAPHICAL NØRWAY - Absolute ground for refusal - Absolute ground for invalidity - Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Bad faith - Obligation to state reasons)

(2021/C 431/36)

Language of the case: French

Parties

Applicant: Super Brand Licencing (SBG) (Villeurbanne, France) (represented by: T. de Haan and A. Sion, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: VF International Sagl (Stabio, Switzerland) (represented by: T. van Innis and A. Van der Planken, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2020 (Case R 1178/2019-1), relating to invalidity proceedings between VF International and SBG.

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 6 April 2020 (Case R 1178/2019-1);

2. Orders EUIPO and VF International Sagl to pay the costs.

(1) OJ C 287, 31.8.2020.
Judgment of the General Court of 15 September 2021 — Ramazani Shadary v Council

(Case T-104/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 452/31)

Language of the case: French

Parties

Applicant: Emmanuel Ramazani Shadary (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P Hix and S. Lejeune, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Emmanuel Ramazani Shadary to pay the costs.

(1) OJ C 129, 20.4.2020.
Judgment of the General Court of 1 September 2021 — KN v EESC

(Case T-377/20) (1)

(Law governing the institutions - Member of the EESC - OLAF investigation into allegations of psychological harassment - Decision to discharge a member from his or her supervisory and personnel management activities - Action for annulment - Challengeable act - Admissibility - Measure taken in the interest of the service - Legal basis - Rights of the defence - Refusal to grant access to the annnexes to the OLAF report - Disclosure of the substance of the witness statements in the form of a summary - Liability)

(2021/C 452/42)

Language of the case: French

Parties

Applicant: KN (represented by: M. Casado García-Hirschfeld and M. Aboudi, lawyers)

Defendant: European Economic and Social Committee (represented by: M. Pascua Mateo, K. Gambino, X. Chamodraka, A. Carvajal García-Valdecasas and L. Camarena Januzec, acting as Agents, and by A. Duron, lawyer)

Re:

First, application under Article 263 TFEU seeking annulment of the decision of the EESC of 9 June 2020 and, second, application under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KN to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 279, 24.8.2020.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Dermavita Company v EUIPO — Allergan Holdings France (JUVEDERM)

(Case T-372/20) (1)

(EU trade mark - Revocation proceedings - EU word mark JUVEDERM - Genuine use of the mark - Use in connection with the goods in respect of which the mark is registered - Use with the consent of the proprietor - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))

(2021/C 481/33)

Language of the case: English

Parties

Applicant: Dermavita Company S.a.r.l. (Beirut, Lebanon) (represented by: D. Todorov, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Zajfert, J. Crespo Carrillo and V.J. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Allergan Holdings France SAS (Courbevoie, France) (represented by: J. Day, Solicitor, and T. de Haan, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2020 (Case R 877/2019-4), relating to revocation proceedings between Dermavita Company and Allergan Holdings France.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dermavita Company S.a.r.l. to pay the costs of the present proceedings.

(1) OJ C 262, 10.8.2020.
Judgment of the General Court of 22 September 2021 — JR v Commission

(Case T-435/20) (1)

(Civil service - Officials - Recruitment - Internal competition COM/03/AD/18 (AD 6) - Decision not to include the applicant’s name on the reserve list for the competition - Obligation to state reasons - Secrecy of the selection board’s proceedings - Weighting of the component parts of a test laid down in the notice of competition)

(2021/C 462/50)

Language of the case: French

Parties

Applicant: JR (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Commission (represented by: D. Milanowska and I. Melo Sampaio, acting as Agents)

Re:

Application under Article 270 TFEU for the annulment of the decision of 15 April 2020 of the selection board for the internal competition COM/03/AD/18 (AD 6) — Administrators, rejecting the applicant’s request for review of the decision of that selection board of 16 December 2019 not to include the applicant’s name on the reserve list for that competition and, if needed, for the annulment of that latter decision.

Operative part of the judgment

The Court:

1. Annuls the decision of 15 April 2020 of the selection board for the internal competition COM/03/AD/18 (AD 6) — Administrators not to include JR on the reserve list for the recruitment of administrators at grade AD 6 in the field of European public administration.

2. Orders the Commission to pay the costs.

(1) OJ C 297, 7.9.2020.
Official Journal of the European Union

Judgment of the General Court of 13 October 2021 — IB v EUIPO

(Case T-22/20) (1)

(Civil service - Officials - Disciplinary proceedings - Suspension of the invalidity procedure during the disciplinary proceedings - Removal from post - Invalidity procedure which has become devoid of purpose following removal from post - Action for annulment - Act adversely affecting an official - Admissibility - Principle of sound administration - Duty to have regard for the welfare of officials - Manifest error of assessment)

(2021/C 490/36)

Language of the case: French

Parties

Applicant: IB (represented by: N. de Montigny, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU seeking the annulment of the decision of EUIPO of 14 March 2019 in so far as, first, it removes the applicant from his post without reducing his entitlement to a pension and, second, it definitively closes the applicant’s invalidity procedure.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Union Intellectual Property Office (EUIPO) of 14 March 2019 in so far as it definitively closes IB’s invalidity procedure;

2. Dismisses the application as to the remainder.

3. Orders each party to bear its own costs.

(1) OJ C 68, 2.3.2020.
Judgment of the General Court of 6 October 2021 — NZ v Commission

(Case T-668/20) (1)

(Staff case - Officials - Recruitment - Internal competition COM/1/AD 10/18 - Decision not to include the applicant's name on the competition reserve list - Obligation to state reasons - Secrecy of the proceedings of the selection board - Broad discretionary power of the selection board - Failure to communicate the intermediate marks and the weighting of the components of the oral test)

(2021/C 490/46)

Language of the case: French

Parties

Applicant: NZ (represented by: H. Tagaras, lawyer)

Defendant: European Commission (represented by: D. Milanowska and I. Melo Sampaio, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the decision of the selection board of 29 April 2020, taken after a review, not to include the applicant's name on the reserve list for internal competition COM/1/AD 10/18.

Operative part of the judgment

The Court:

1. Annuls the decision of 29 April 2020, by which the selection board for internal competition COM/1/AD 10/18 refused, after a review, to include the name of NZ on the reserve list for the recruitment of administrators at grade AD 10, in the field of ‘Coordination, communication, human resources and budgetary management, audit’;

2. Orders the European Commission to pay the costs.

(1) OJ C 28, 25.1.2021.
1.

Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 July 2020 (Case R 2665/2019-1) as regards ‘common metals and their alloys; unprocessed and semi-processed materials of metal, not specified for use; metal materials for building and construction (non-electric)’ in Class 6, ‘elevating apparatus (machines), cranes’ in Class 7 and ‘rental of generators; recycling of waste and trash’ and ‘incineration of waste and trash; recycling of waste and valuable materials; recycling of chemicals; waste treatment (transformation); sorting of waste and recyclable material (transformation)’ in Class 40 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;
Judgment of the General Court of 27 October 2021 — Jiruš v EUIPO — Nile Clothing (Racing Syndicate)

(Case T-356/20) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark Racing Syndicate - Earlier international word mark SYNDICATE - Submission of evidence for the first time before the Board of Appeal - Article 95(2) of Regulation (EU) 2017/1001 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001))

(2021/C 502/37)

Language of the case: English

Parties

Applicant: Václav Jiruš (Vitín, Czech Republic) (represented by: J. Zedníková, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Nile Clothing AG (Sutz-Lattrigen, Switzerland) (represented by: C. Raßmann, M. Suether and F. Adinolfi, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 March 2020 (Case R 1488/2019-5), relating to invalidity proceedings between Nile Clothing and Mr Jiruš.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Václav Jiruš to pay the costs.

(1) OJ C 255, 3.8.2020.
Official Journal of the European Union

Judgment of the General Court of 17 November 2021 — Soapland v EUIPO — Norma (Manòu)

(Case T-504/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Manòu - Earlier national and international word marks MANOU - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Proof of genuine use of the earlier marks)

(2022/C 24/38)

Language of the case: German

Parties

Applicant: Soapland GmbH & Co. OHG (Andernach, Germany) (represented by: M. Gail, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer and A. Graul, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Norma Lebensmittelfilialbetrieb Stiftung & Co. KG (Nuremberg, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 June 2020 (Case R 1504/2019-1), concerning opposition proceedings between Norma Lebensmittelfilialbetrieb Stiftung & Co. and Soapland GmbH & Co.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Soapland GmbH & Co. OHG.to pay the costs

(1) OJ C 320, 28.9.2020.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — Alkattan v Council

(Case T-218/20) (1)

(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Obligation to state reasons - Rights of the defence - Right to a fair trial - Error of assessment - Determination of listing criteria)

(2022/C 11/32)

Language of the case: French

Parties

Applicant: Waseem Alkattan (Damascus, Syria) (represented by: G. Karouni, lawyer)

Defendant: Council of the European Union (represented by: A. Limonet and V. Piessevaux, acting as Agents)

Re:

First, application under Article 263 TFEU seeking annulment of Council Implementing Decision (CFSP) 2020/212 of 17 February 2020 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2020 L 431, p. 6), Council Implementing Regulation (EU) 2020/211 of 17 February 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2020 L 431, p. 1), Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2020 L 168, p. 66), Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2020 L 168, p. 1), Council Decision (CFSP) 2021/855 of 27 May 2021 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2021 L 188, p. 90), and Council Implementing Regulation (EU) 2021/848 of 27 May 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2021 L 188, p. 18), in so far as those measures concern the applicant, and, secondly, application under Article 268 TFEU seeking compensation in respect of the harm suffered by the applicant as a result of those measures.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Waseem Alkattan to pay the costs.

(1) OJ C 201, 15.6.2020.
Official Journal of the European Union

Judgment of the General Court of 15 December 2021 — Stichting Comité N 65 Ondergronds Helvoirt v Commission

(Case T-569/20) (1)

(Environment - Regulation (EC) No 1367/2006 - Obligation of Member States to protect and improve ambient air quality - Request for an internal review - Refusal of the request as inadmissible)

(2022/C 73/44)

Language of the case: Dutch

Parties

Applicant: Stichting Comité N 65 Ondergronds Helvoirt (Helvoirt, Netherlands) (represented by: T. Malfait and A. Croes, lawyers)

Defendant: European Commission (represented by: L. Haasbeek, G. Gattinara and M. Noll-Ehlers, acting as Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: M. Bulterman, M. de Ree, J. Langer and J. Hoogveld, acting as Agents), European Parliament (represented by: W. Kuzmienko and C. Ionescu Dima, acting as Agents), Council of the European Union (represented by: K. Michoel and A. Maceroni, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of the Commission’s decision of 6 July 2020 rejecting as inadmissible a request for internal review of the decision to close the complaint procedure CHAP (2019) 2512.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Stichting Comité N 65 Ondergronds Helvoirt to bear its own costs and to pay the costs incurred by the European Commission;

3. Orders the Kingdom of the Netherlands, the European Parliament and the Council of the European Union to bear their own costs.

(1) OJ C 378, 9.11.2020.
Official Journal of the European Union

Judgment of the General Court of 1 December 2021 — Muratbey Gida v EUIPO — M. J. Dairies (triple helicoid cheese)

(Case T-662/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing triple helicoid cheese - Earlier international design - Ground for invalidity - Individual character - Disclosure of the earlier design - Article 7 of Regulation (EC) No 6/2002 - Different overall impression - Article 6 of Regulation No 6/2002)

(2022/C 51/40)

Language of the case: English

Parties

Applicant: Muratbey Gida Sanayí ve Tícaret AŞ (Istanbul, Turkey) (represented by: M. Schork, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: M. J. Dairies EOOD (Sofia, Bulgaria) (represented by: D. Dimitrova and I. Pakidanska, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 21 August 2020 (Case R 1925/2019-3), relating to invalidity proceedings between M. J. Dairies and Muratbey Gida Sanayí ve Tícaret.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Muratbey Gida Sanayí ve Tícaret AŞ to pay the costs.

(1) OJ C 9, 11.1.2021.
Official Journal of the European Union

Judgment of the General Court of 26 January 2022 — Kedrion v EMA

(Case T-570/20) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Collection and processing of plasma - Plasma master file - Refusal to grant access - Exception relating to the protection of the commercial interests of a third party - Incorrect determination of the subject matter of the application - Obligation to base the refusal to grant access on specific and concrete reasons)

(2022/C 119/46)

Language of the case: Italian

Parties

Applicant: Kedrion SpA (Barga, Italy) (represented by: V. Salvatore, lawyer)

Defendant: European Medicines Agency (represented by: S. Marino and C. Schultheiss, acting as Agents)

Interveners in support of the defendant: Baxter AG (Vienna, Austria), Baxter Manufacturing SpA (Cittaducale, Italy) (represented by: F. Borrás Pieri, lawyer, A. Denoon, Solicitor, and C. Thomas, Barrister)

Re:

Application under Article 263 TFEU seeking annulment of the EMA’s decision of 10 July 2020 refusing to grant the applicant access to the list of blood collection and processing centres appearing in the plasma master file of the pharmaceutical company Takeda.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Medicines Agency (EMA) of 10 July 2020 refusing to grant Kedrion SpA access to the list of blood collection and processing centres appearing in the plasma master file of the pharmaceutical company Takeda;

2. Orders the EMA to bear its own costs and to pay those incurred by Kedrion;

3. Orders Baxter AG and Baxter Manufacturing SpA to each bear their own costs.

(1) OJ C 371, 3.11.2020.
Official Journal of the European Union

Judgment of the General Court of 21 December 2021 — Dr. Spiller v EUIPO — Rausch (Alpenrausch Dr. Spiller)

(Case T-6/20) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark Alpenrausch Dr. Spiller - Earlier EU word mark RAUSCH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2022/C 95/37)

Language of the case: German

Parties

Applicant: Dr. Spiller GmbH (Siegsdorf, Germany) (represented by: J. Stock and M. Geitz, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl, J. Schäfer, A. Söder and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Rausch AG Kreuzlingen (Kreuzlingen, Switzerland) (represented by: F. Stangl and S. Pilgram, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2019 (Case R 2206/2015-1), relating to opposition proceedings between Rausch Kreuzlingen and Dr. Spiller.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dr. Spiller GmbH to pay the costs.

(1) OJ C 68, 2.3.2020.