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

Judgment of the General Court of 26 October 2022 — The Bazooka Companies v EUIPO — Bilkiewicz (Shape of a baby’s bottle)

(Case T-273/21) (1)

(EU trade mark - Revocation proceedings - Three-dimensional EU trade mark - Shape of a baby’s bottle - Genuine use of the mark - Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 - Nature of use of the mark - Form differing in elements which do not alter the distinctive character - Obligation to state reasons)

(2023/C 7/32)

Language of the case: English

Parties

Applicant: The Bazooka Companies, Inc. (New York, New York, United States), authorised to replace The Topps Company, Inc. (represented by: D. Wieddekind and D. Wiemann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: R. Raponi and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Trebor Robert Bilkiewicz (Gdańsk, Poland) (represented by: P. Ratnicki-Kiczka, lawyer)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 March 2021 (Case R 1326/2020-2).

Operative part of the judgment

The Court:

1. Grants The Bazooka Companies, Inc., leave to replace The Topps Company, Inc., as applicant;

2. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 March 2021 (Case R 1326/2020-2);

3. Orders EUIPO to bear its own costs and to pay the costs incurred by The Bazooka Companies;

4. Orders Mr Trebor Robert Bilkiewicz to bear his own costs.

(1) OJ C 278, 12.7.2021.
Official Journal of the European Union

Judgment of the General Court of 19 October 2022 — Greenwich Polo Club v EUIPO — Lifestyle Equities (GREENWICH POLO CLUB)

(Case T-437/21) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark GREENWICH POLO CLUB - Earlier EU word mark BEVERLY HILLS POLO CLUB - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Scope of the examination to be carried out by the Board of Appeal - Article 71 of Regulation 2017/1001 - Article 27(2) of Delegated Regulation (EU) 2018/625)

(2022/C 482/26)

Language of the case: English

Parties

Applicant: Greenwich Polo Club, Inc. (Greenwich, Connecticut, United States) (represented by: R. Zammitt, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lifestyle Equities CV (Amsterdam, Netherlands) (represented by: S. Terpstra, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 May 2021 (Case R 300/2020-1), relating to opposition proceedings between the intervener, Lifestyle Equities CV, and itself.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Greenwich Polo Club, Inc. to pay the costs.

(1) OJ C 401, 4.10.2021.
Judgment of the General Court of 30 November 2022 — KN v Parliament

(Case T-401/21) (1)

(Institutional law - Member of the EESC - Discharge procedure in respect of the implementation of the EESC’s budget for the 2019 financial year - Resolution of the Parliament designating the applicant as the perpetrator of psychological harassment - Action for annulment - Non-actionable measure - Inadmissibility - Action for damages - Protection of personal data - Presumption of innocence - Duty of confidentiality - Principle of sound administration - Proportionality - Sufficiently serious infringement of a rule of law conferring rights on individuals)

(2023/C 35/59)

Language of the case: French

Parties

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

Defendant: European Parliament (represented by: R. Crowe, C. Burgos and M. Allik, acting as Agents)

Re:

By its action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of Decision (EU, Euratom) 2021/1552 of the European Parliament of 28 April 2021 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section VI — European Economic and Social Committee (OJ 2021 L 340, p. 140), and of Resolution (EU) 2021/1553 of the European Parliament of 29 April 2021 with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2019, Section VI — European Economic and Social Committee (OJ 2021 L 340, p. 141), and, secondly, on the basis of Article 268 TFEU, compensation for the damage which it has allegedly suffered as a result of the contested acts.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KN to pay the costs.

(1) OJ C 338, 23.8.2021.
Judgment of the General Court of 23 November 2022 — Bowden and Young v Europol

(Case T-72/21) (1)

(Civil service - Members of the temporary staff - Europol staff - Withdrawal of the United Kingdom from the European Union - Loss of nationality of a Member State - Termination of contract - Article 47(b)(iii) of the CEOS - Request for an exception from the condition of employment provided for in Article 12(2)(a) of the CEOS - Refusal to grant an exception - Obligation to state reasons - Right to be heard - Length of the administrative procedure - Reasonable time - Legitimate expectations - Equal treatment - Interest of the service - Duty of care - Manifest error of assessment)

(2023/C 24/49)

Language of the case: French

Parties

Applicants: Ian James Bowden (The Hague, the Netherlands), Janey Young (The Hague) (represented by: N. de Montigny, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation (represented by: A. Nunzi, O. Sajin and C. Falmagne, acting as Agents, and D. Waelbroeck and A. Duron, lawyers)

Re:

By their action based on Article 270 TFEU, the applicants seek the annulment of the decisions of the European Union Agency for Law Enforcement Cooperation (Europol) of 30 March 2020, by which it refused to grant them an exception from the condition of nationality laid down in Article 12(2)(a) of the Conditions of Employment of Other Servants of the European Union (‘CEOS’) and consequently terminated their respective contracts on the basis of Article 47(b)(iii) of the CEOS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ian James Bowden and Mrs Janey Young to pay the costs.

(1) OJ C 98, 22.3.2021.
Judgment of the General Court of 30 November 2022 — Korporaciya ‘Masternet’ v EUIPO — Stayer Ibérica (STAYER)

(Case T-85/22) (1)

(EU trade mark - Revocation proceedings - EU word mark STAYER - Genuine use of the mark - Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) - Classification of the goods in respect of which genuine use has been shown)

(2023/C 35/70)

Language of the case: English

Parties

Applicant: ZAO Korporaciya ‘Masternet’ (Moscow, Russia) (represented by: N. Bürglen, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Stayer Ibérica, SA (Pinto, Spain) (represented by: P. Creta, A. Lanzarini, B. Costa and M. Lazzarotto, lawyers)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 December 2021 (Case R 932/2021-1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ZAO Korporaciya ‘Masternet’ to pay the costs.

(1) OJ C 158, 11.4.2022.
EN Official Journal of the European Union C 134/50

Order of the General Court (Eighth Chamber) of 4 March 2010 — Jong v Council and Commission

(Case T-303/94)

2010/C 134/80

Language of the case: Dutch

The President of the Eighth Chamber has ordered that the case be removed from the register.
EN Official Journal of the European Union C 155/18

ORDER OF THE COURT OF FIRST INSTANCE

of 10 March 2005

in Case T-266/00 Confartigianato Venezia, Transport Lines Snc and Others v Commission of the European Communities (1)

(State aid - Commission decision declaring incompatible with the common market unlawful aid schemes and requiring repayment of incompatible aid - National procedure for repayment precluded - Action for annulment - No legal interest in bringing proceedings - Inadmissibility)

(2005/C 155/36)

Language of the case: Italian

In Case T-266/00: Confartigianato Venezia, Transport Lines and the 15 other applicants listed in the Annex to the order, established in Venice (Italy), represented by A. Vianello, lawyer, with an address for service in Luxembourg, against Commission of the European Communities (Agent: V. Di Bucci and A. Dal Ferro, lawyer, with an address for service in Luxembourg) — action for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50) — the Court of First Instance (Second Chamber, Extended Composition), composed of J. Pirrung, President, A.W.H. Meij, N.J Forwood, I. Pelikánová, S. Papasavvas, Judges; H. Jung, Registrar, made an order on 10 March 2005, the operative part of which is as follows:

1. The action is dismissed in part as inadmissible in so far as it was brought by Transport Lines Snc, C.A.T.I.L. Consorzio Artigianato Trasportatori Interni Lagunari, C.A.T.I.L. Servizi Srl, Translion Snc, Cooperativa Trasportatori Lagunari Arl, Barich Aldo e figlio Snc, S.A.L.P.A. Trasporti Snc, Laguna Trasporti di Tosi Pietro, Puppola Trasporti e C. Snc, Simionato Roberto, Venerando Gianfranco Snc, Boscolo ‘Bielo’ Ivano Srl, Grassi Mario, Laguna Veneta Cooperativa Trasporti Srl, Brussa Sas and Il Fornaio di Colussi Gloria.

2. Transport Lines Snc, C.A.T.I.L. Consorzio Artigianato Trasportatori Interni Lagunari, C.A.T.I.L. Servizi Srl, Translion Snc, Cooperativa Trasportatori Lagunari Arl, Barich Aldo e figlio Snc, S.A.L.P.A. Trasporti Snc, Laguna Trasporti di Tosi Pietro, Puppola Trasporti e C. Snc, Simionato Roberto, Venerando Gianfranco Snc, Boscolo ‘Bielo’ Ivano Srl, Grassi Mario, Laguna Veneta Cooperativa Trasporti Srl, Brussa Sas and Il Fornaio di Colussi Gloria shall bear their own costs.

3. The Commission shall bear the costs it has incurred to date in connection with the action brought by the abovementioned sixteen undertakings.

4. The remainder of the costs are reserved.

(1) OJ C 372 of 23.12.2000.
EN Official Journal of the European Union C 38/21

Order of the General Court of 12 December 2012 — Adriatica di Navigazione and Comitato ‘Venezia Vuole Vivere’ v Commission

(Case T-231/00) (1)

(Action for annulment - State aid - Relief from social security contributions for firms in Venice and Chioggia - Decision declaring the aid scheme incompatible with the common market and requiring recovery of aid paid - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

2013/C 38/37

Language of the case: Italian

Parties

Applicants: Adriatica di Navigazione SpA (Venice, Italy) and Comitato ‘Venezia Vuole Vivere’ (Venice) (represented by: M. Siragusa and F. Moretti, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, agent, and A. Dal Ferro, lawyer)

Intervener in support of the applicants: Italian Republic (represented: initially by U. Leanza, then by I. Braguglia, then by R. Adam, and lastly by I. Bruni, agents, and by G. Aiello and P. Gentili, avvocati dello Stato)

Re:

Action for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws 30/1997 and 206/1995 (OJ 2000 L 150, p. 50)

Operative part of the order

1. The plea of inadmissibility raised by the European Commission is considered with the substance of the case.

2. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law.

3. Adriatica di Navigazione SpA and the Comitato ‘Venezia vuole vivere’ shall bear their own costs and pay those of the Commission.

4. The Italian Republic shall bear its own costs.

(1) OJ C 316, 4.11.2000.
EN Official Journal of the European Union C 247/23

Order of the Court of First Instance of 14 July 2008 — Hotel Cipriani v Commission

(Case T-254/00 R)

(2008/C 247/46)

Language of the case: Italian

The President of the Court of First Instance has ordered that the case be removed from the register.
EN Official Journal of the European Union C 301/34

Order of the Court of First Instance of 12 September 2008 — Keinhorst v Commission

(Case T-428/03) (1)

(Staff case - Officials - Interlocutory judgment - No need to adjudicate)

(2008/C 301/55)

Language of the case: French

Parties

Applicant: Gerhard Keinhorst (Overijse, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (represented initially by C. Berardis-Kayser and L. Lozano Palacios, and subsequently by C. Berardis-Kayser and H. Krämer, Agents)

Re:

First, application for annulment of the Commission's decisions of 23 December 2002 and 14 April 2003 altering the applicant's classification in grade, in so far as they fix his classification in step on recruitment in step 1 of Grade A6, fix 5 October 1995 as the date on which the decisions were to have pecuniary effect and did not re-establish the applicant's career grade, and an application for annulment of the Commission's decisions of 4 September and 24 November 2003 rejecting the applicant's complaints and, second, an application for compensation for the damage allegedly caused.

Operative part of the order

1. There is no longer any need to adjudicate on this action.

2. The Commission shall pay all the costs.

(1) OJ C 47, 21.2.2004.
EN Official Journal of the European Union C 197/36

Order of the Court of First Instance of 11 June 2008 — Piccinni-Leopardi and Others v Commission

(Case T-390/04) (1)

(2008/C 197/65)

Language of the case: French

The President of the Court of First Instance (Sixth Chamber) has ordered that the case be removed from the register.

(1) OJ C 300, 4.12.2004.
EN Official Journal of the European Union C 64/38

Order of the Court of First Instance of 12 December 2007 — Atlantic Container Line and Others v Commission

(Case T-113/04) (1)

(Enforcement of a judgment of the Court of First Instance - Repayment of the costs of bank guarantees provided in order to defer payment of a fine imposed by the Commission and subsequently annulled by the Court of First Instance - Action for annulment and damages - Non-contractual liability of the Community - No direct causal link between the allegedly unlawful conduct of the institution and the damage claimed)

(2008/C 64/62)

Language of the case: English

Parties

Applicants: Atlantic Container Line AB (Göteborg, Sweden); Transportación Marítima Mexicana SA de CV (Mexico, Mexico); Hanjin Shipping Co. Ltd (Seoul, South Korea); Hyundai Merchant Marine Co. Ltd (Seoul); Mediterranean Shipping Co. SA (Geneva, Switzerland); Neptune Orient Lines Ltd (Singapore, Singapore); Orient Overseas Container Line (UK) Ltd (Suffolk, United Kingdom); P & O Nedlloyd Container Line Ltd (London, United Kingdom); Sea-Land Service, Inc. (Jacksonville, Florida, United States) (represented initially by J. Pheasant, M. Levitt and K. Nicholson, and subsequently by M. Levitt and K. Nicholson, solicitors)

Defendant: Commission of the European Communities (represented by P. Oliver, acting as Agent)

Re:

Application, first, for annulment of the Commission letter of 6 January 2004 refusing to repay the costs of the bank guarantees which the applicants entered into following the imposition of fines by Commission Decision 1999/243/EC of 16 September 1998 relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC) (Case No IV/35.134 — Trans Atlantic Conference Agreement) (OJ 1999 L 95, p. 1), annulled by judgment of the Court of First Instance of 30 September 2003 in Joined Cases T-191/98 and T-212/98 to T-214/98 Atlantic Container Line and Others v Commission [2003] ECR II-3275, and, second, for damages seeking repayment of the costs of the bank guarantees.

Operative part of the order

1. The action is dismissed.

2. The applicants are ordered to pay the costs.

(1) OJ C 118, 30.4.2004.
EN Official Journal of the European Union C 69/53

Order of the Court of First Instance of 16 January 2009 — Italy v Commission

(Case T-431/04) (1)

(2009/C 69/116)

Language of the case: Italian

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 314, 18.12.2004.
EN Official Journal of the European Union C 247/23

Order of the Court of First Instance (Seventh Chamber) of 10 July 2008 — Cornwell v Commission

(Case T-102/04) (1)

(2008/C 247/47)

Language of the case: French

The President of the Court of First Instance (Seventh Chamber) has ordered that the case be removed from the register.

(1) OJ C 106, 30.4.2004.
EN Official Journal of the European Union C 301/28

Order of the General Court of 6 September 2010 — Portuguese Republic v Transnáutica and Commission

(Case T-385/05 TO) (1)

(Third-party proceedings - Opportunity for the third party to take part in the original case - No prejudicial effects on the rights of the third party - Inadmissibility)

2010/C 301/47

Language of the case: English

Parties

Third Party: Portuguese Republic (represented by: L. Inez Fernandes, A.C. Santos, J. Gomes and P. Rocha, Agents)

Other parties to proceedings: Transnáutica — Transportes e Navegação, SA, (Matosinhos, Portugal) (represented by C. Fernández Vicién, D. Ortigão Ramos, P. Carmona Botana, M.T. López Garrido and P. Vidal Matos, lawyers); and European Commission (represented by: R. Lyal and L. Bouyon, lawyers)

Re:

Application initiating third-party proceedings to contest the judgment of 23 September 2009 in Case T-385/05 Transnáutica v Commission, not published in the ECR

Operative part of the order

1. The application initiating third-party proceedings is dismissed as inadmissible.

2. The Portuguese Republic shall bear its own costs and pay those incurred by Transnáutica — Transportes e Navegação, SA, including those relating to the interim proceedings.

3. The European Commission shall bear its own costs.

(1) OJ C 330, 24.12.2005.
EN Official Journal of the European Union C 301/62

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-140/05) (1)

(2008/C 301/107)

Language of the case: Italian

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 132, 28.5.2005.
EN Official Journal of the European Union C 142/25

Order of the Court of First Instance of 9 April 2008 — Meggle v OHIM — Clover (HiQ with trefoil)

(Case T-37/06) (1)

(Community trade mark - Opposition - Withdrawal of opposition - No need to adjudicate)

(2008/C 142/44)

Language of the case: German

Parties

Applicant: Meggle AG (Wasserburg, Germany) (represented by: T. Raab and H. Lauf, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Clover Corporation Limited (Sydney, Australia)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 November 2005 (Case R 1130/2004-2) concerning opposition proceedings between Meggle AG and Clover Corporation Limited

Operative part of the order

1. There is no longer any need to adjudicate in the case.

2. The applicant is ordered to pay the costs.

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 92/46

Order of the Court of First Instance of 12 February 2008 — Otsuka Chemical v EFSA

(Case T-313/06) (1)

(2008/C 92/92)

Language of the case: English

The President of the Court of First Instance (Second Chamber) has ordered that the case be removed from the register.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 285/40

Order of the Court of First Instance of 10 September 2008 — Município de Gondomar v Commission

(Case T-324/06) (1)

(Action for annulment - Cohesion Fund - Regulation (EC) No 1164/94 - Cancellation of financial assistance - Lack of direct effect - Admissibility)

(2008/C 285/73)

Language of the case: Portuguese

Parties

Applicant: Município de Gondomar (Portugal) (represented by: J. da Cruz Vilaça, D. Choussy and L. Pinto Monteiro, lawyers)

Defendant: Commission of the European Communities (represented by: P. Guerra and Andrade and A. Weimar, Agents)

Re:

Application for annulment of Commission Decision C(2006) 3782 of 16 August 2006 on the cancellation of the financial assistance granted by the Cohesion Fund for Project No 95/10/61/017 — Redevelopment of Grande Porto Sul — Subsistema de Gondomar.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Município de Gondomar shall bear its own costs and those of the Commission, including the costs incurred in the application for interim measures.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 209/53

Order of the Court of First Instance of 17 June 2008 — FMC Chemical v EFSA

(Case T-312/06) (1)

(Action for annulment - Action for damages - Directive 91/414/EEC - Plant protection products - Opinion of the European Food Safety Authority - Non-actionable measure - Preparatory measure - Inadmissibility)

(2008/C 209/95)

Language of the case: English

Parties

Applicant: FMC Chemical SPRL (Brussels, Belgium) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Food Safety Authority (EFSA) (represented initially by: A. Cuvillier and D. Detken, and subsequently by A. Cuvillier and S. Gabbi, Agents)

Intervener in support of the applicant: European Crop Protection Association (ECPA), (Brussels, Belgium) (represented by D. Waelbroeck and N. Rampal, lawyers)

Intervener in support of the defendant: Commission of the European Communities, (represented by B. Doherty, Agent)

Re:

APPLICATION for (i) annulment of the opinion of EFSA of 28 July 2006 on the assessment of the active substance carbosulfan under Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1), and (ii) compensation for the damage sustained.

Operative part of the order

1. The action is dismissed.

2. FMC Chemical SPRL, the European Food Safety Authority (EFSA), the European Crop Protection Association (ECPA) and the Commission shall each bear their own costs.

(1) OJ C 326, 30.12.2006.