ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 48/38

Judgment of the General Court of 16 December 2015 — SAS Cargo Group and Others v Commission

(Case T-56/11) (1)

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/42)

Language of the case: English

Parties

Applicants: SAS Cargo Group A/S (Kastrup, Denmark); Scandinavian Airlines System Denmark-Norway-Sweden (Stockholm, Sweden); and SAS AB (Stockholm) (represented initially by M. Kofmann, B. Creve, lawyers, I. Forrester QC, J. Killick and G. Forwood, Barristers, and subsequently by M. Kofmann, B. Creve, J. Killick and G. Forwood)

Defendant: European Commission (represented initially by N. von Lingen, V. Bottka and S. Noë, and subsequently by V. Bottka and A. Dawes, acting as Agents, and by B. Doherty, Barrister)

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón and M. Simm, acting as Agents)

Re:

Application for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns SAS Cargo Group A/S, Scandinavian Airlines System Denmark-Norway-Sweden and SAS AB;

2. Dismisses the remainder of the action;

3. Orders the European Commission to bear its own costs and to pay those of SAS Cargo Group, Scandinavian Airlines System Denmark-Norway-Sweden and SAS;

4. Orders the Council of the European Union to bear its own costs.

(1) OJ C 89, 19.3.2011.
EN Official Journal of the European Union C 379/23

Judgment of the General Court of 26 October 2012 — CF Sharp Shipping Agencies v Council

(Case T-53/12) (1)

(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Obligation to state the reasons on which the decision is based)

2012/C 379/40

Language of the case: English

Parties

Applicant: CF Sharp Shipping Agencies Pte Ltd (Singapore, Singapore) (represented by: S. Drury, Solicitor, K. Adamantopoulos and J. Cornelis, lawyers)

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

Re:

Annulment of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), in so far as they concern the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 in so far as they concern the inclusion of CF Sharp Shipping Agencies Pte Ltd on the list in Annex VIII to Regulation No 961/2010.

2. Annuls Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 in so far as it concerns the inclusion of CF Sharp Shipping Agencies on the list in Annex IX thereto.

3. Holds that there is no longer any need to adjudicate on the application by CF Sharp Shipping Agencies seeking annulment of Regulation No 961/2010 and Implementing Regulation No 1245/2011 with immediate effect.

4. Dismisses the action as to the remainder.

5. Orders the Council of the European Union to pay the costs.

(1) OJ C 89, 24.3.2012.
EN Official Journal of the European Union C 225/77

Judgment of the General Court of 30 May 2013 — Brauerei Beck v OHIM — Aldi (Be Light)

(Case T-172/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Be Light - Earlier Community mark BECK’s - relative ground for refusal - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009)

2013/C 225/171

Language of the case: German

Parties

Applicant: Brauerei Beck GmbH & Co. KG (Bremen, Germany) (represented by: G. Hasselblatt and C. Töbelmann Valeska, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (representanted by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen Cay, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 January 2012 (Case R 2258/2010-1) relating to opposition proceedings between Brauerei Beck GmbH & Co. KG and Aldi GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Brauerei Beck GmbH & Co. KG to pay, besides its own costs, those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Aldi GmbH & Co. KG.

(1) OJ C 194, 30.6.2012.
EN Official Journal of the European Union C 129/19

Judgment of the General Court of 20 March 2013 — Bimbo v OHIM — Café do Brasil (Caffè KIMBO)

(Case T-277/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Caffè KIMBO - Earlier national word mark BIMBO - Relative grounds for refusal - Well-known trade mark within the meaning of Article 6 bis of the Paris Convention - Article 8(1) of Regulation (EC) No 207/2009)

2013/C 129/38

Language of the case: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Café do Brasil SpA (Melito di Napoli, Italy) (represented by: M. Mostardini, G. Galimberti and F. Melluci, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 May 2012 (Case R 1017/2011-4), relating to opposition proceedings between Bimbo, SA and Café do Brasil SpA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bimbo, SA, to pay the costs.

(1) OJ C 273, 8.9.2012.
EN Official Journal of the European Union C 304/17

Judgment of the General Court of 6 September 2013 — Godrej Industries and VVF v Council

(Case T-6/12) (1)

(Dumping - Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia - Adjustment for currency conversion claimed - Burden of proof - Injury - Definitive anti-dumping duty)

2013/C 304/29

Language of the case: English

Parties

Applicants: Godrej Industries Ltd (Mumbai, India), and VVF Ltd (Mumbai) (represented by: B. Servais, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, with G. Berrisch and A. Polcyn, lawyers)

Interveners in support of the defendant: Sasol Olefins & Surfactants GmbH, (Hamburg, Germany), Sasol Germany GmbH (Hamburg) (represented by: V. Akritidis, lawyer, and J. Beck, Solicitor); and European Commission (represented by: M. França and A. Stobiecka-Kuik, acting as Agents)

Re:

Application for annulment of Council Implementing Regulation (EU) No 1138/2011 of 8 November 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia (OJ 2011 L 293, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Godrej Industries Ltd and VVF Ltd to pay the costs of the Council of the European Union and also those incurred by Sasol Olefins & Surfactants GmbH and Sasol Germany GmbH, in addition to bearing their own costs;

3. Orders the European Commission to bear its own costs.

(1) OJ C 49, 18.2.2012.
EN Official Journal of the European Union C 233/7

Judgment of the General Court of 3 July 2013 — Cytochroma Development v OHIM — Teva Pharmaceutical Industries (ALPHAREN)

(Case T-106/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ALPHAREN - Earlier national word marks ALPHA D3 - Relative ground for refusal - Compliance by OHIM with a judgment annulling a decision of its Boards of Appeal - Article 65(6) of Regulation (EC) No 207/2009 - Composition of the Boards of Appeal - Article 1(d) of Regulation (EC) No 216/96)

2013/C 233/11

Language of the case: English

Parties

Applicant: Cytochroma Development, Inc. (Saint Michael, Barbados) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)

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: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2011 (Case R 1235/2011-1), relating to opposition proceedings between Teva Pharmaceutical Industries Ltd and Cytochroma Development, Inc.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 December 2011 (Case R 1235/2011-1);

2. Orders OHIM to pay the costs.

(1) OJ C 138, 12.5.2012.
EN Official Journal of the European Union C 9/22

Judgment of the General Court of 21 November 2013 — El Hogar Perfecto del Siglo XXI v OHIM — Wenf International Advisers Ltd (Corkscrew)

(Case T-337/12) (1)

(Community design - Invalidity proceedings - Registered Community design representing a corkscrew - Earlier national design - Ground for invalidity - Lack of individual character - Overall impression not different - Informed user - Degree of freedom of the designer - Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002)

2014/C 9/36

Language of the case: Spanish

Parties

Applicant: El Hogar Perfecto del Siglo XXI, SL (Madrid (Spain)) (represented by: C. Ruiz Gallegos and E. Veiga Conde, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Wenf International Advisers Ltd (Tortola, British Virgin Islands) (represented by J.L. Rivas Zurdo, E. Seijo Veiguela and I. Munilla Muñoz, lawyers)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 1 June 2012 (Case R 89/2011-3) in relation to invalidity proceedings between Wenf International Advisers Ltd and El Hogar Perfecto del Siglo XXI, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders El Hogar Perfecto del Siglo XXI, SL to pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 352/14

Judgment of the General Court of 16 October 2013 — El Corte Inglés v OHIM — Sohawon (fRee YOUR STYLe.)

(Case T-282/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark fRee YOUR STYLe. - Earlier Community and national word marks FREE STYLE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 352/25

Language of the case: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J.L. Rivas Zurdo and I. Munilla Muñoz, 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: Nadia Mariam Sohawon (London, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 April 2012 (Case R 1825/2010-4), relating to opposition proceedings between El Corte Inglés, SA and Ms Nadia Mariam Sohawon.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders El Corte Inglés, SA to pay the costs.

(1) OJ C 258, 25.8.2012.
EN Official Journal of the European Union C 52/34

Judgment of the General Court of 15 January 2014 — SICOM v Commission

(Case T-279/12) (1)

(Arbitration clause - Food aid - Supply of colza oil to Guinea - Non-performance of the contract - Limitation period)

2014/C 52/63

Language of the case: Italian

Parties

Applicant: SICOM Srl — Società industriale per il confezionamento degli olii meridionale (Cercola, Italy) (represented by: R. Manzi, lawyer)

Defendant: European Commission (represented by: S. Bartelt and F. Moro, acting as Agents)

Re:

Application under an arbitration clause seeking an order that the Commission pay the applicant a sum corresponding to penalties imposed in relation to quantities not delivered and delays in supply, deducted by the Commission from the final amount paid to the applicant for the delivery of refined colza oil for the benefit of the Republic of Guinea, in the context of a food aid operation carried out pursuant to Commission Regulation (EC) No 664/2001 of 2 April 2001 on the supply of vegetable oil as food aid (OJ 2001 L 93, p. 3).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders SICOM Srl — Società industriale per il confezionamento degli olii meridionale to pay the costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 31/9

Judgment of the General Court of 11 December 2013 — Cisco Systems and Messagenet v Commission

(Case T-79/12) (1)

(Competition - Concentrations - European markets for internet communications services - Decision declaring the concentration compatible with the internal market - Manifest errors of assessment - Obligation to state reasons)

2014/C 31/15

Language of the case: English

Parties

Applicants: Cisco Systems, Inc. (San Jose, California, United States) and Messagenet SpA (Milan, Italy) (represented by: L. Ortiz Blanco, J. Buendía Sierra, A. de Pablo and K. Jörgens, lawyers)

Defendant: European Commission (represented by: N. Khan, S. Noë and C. Hödlmayr, Agents)

Intervener in support of the defendant: Microsoft Corp. (Seattle, Washington, United States) (represented by: G. Berrisch, lawyer)

Re:

Application for annulment of Commission Decision C(2011) 7279 final of 7 October 2011 declaring compatible with the internal market the merger transaction involving the acquisition of control of Skype Global Sàrl by Microsoft Corp. (Case COMP/M.6281 — Microsoft/Skype).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cisco Systems Inc. and Messagenet SpA to bear their own costs and to pay those incurred by the European Commission and Microsoft Corp.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 102/33

Judgment of the General Court of 27 February 2014 — Advance Magazine Publishers v OHIM — López Cabré (TEEN VOGUE)

(Case T-37/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark TEEN VOGUE - Earlier national word mark VOGUE - Relative ground for refusal - Likelihood of confusion - Identical nature of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 - Rule 22(3) of Regulation (EC) No 2868/95 - Partial refusal to register))

2014/C 102/52

Language of the case: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, New York, United States of America) (represented by T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Eduardo López Cabré (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2011 (case R 1763/2010-4), concerning opposition proceedings between Mr Eduardo López Cabré and Advance Magazine Publishers, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Advance Magazine Publishers, Inc., to pay the costs.

(1) OJ C 73, 10.3.2012.
Official Journal of the European Union

Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN GETAWAY)

(Case T-513/12) (1)

(Community trade mark - Application for the Community word mark NORWEGIAN GETAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

(2014/C 71/32)

Language of the case: German

Parties

Applicant: NCL Corporation Ltd (Miami, Florida, United States) (represented by: N. Grüger, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1014/2012-4), concerning an application for registration of the word sign NORWEGIAN GETAWAY as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 175/40

Judgment of the General Court of 9 April 2014 — Ferring v OHIM — Tillotts Pharma (OCTASA)

(Case T-502/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark OCTASA - Earlier national, Benelux and international word marks PENTASA and OCTOSTIM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 175/53

Language of the case: English

Parties

Applicant: Ferring BV (Haarlem, Netherlands) (represented initially by I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers, and subsequently by I. Fowler, A. Renck and D. Slopek, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tillotts Pharma AG (Ziefen, Switzerland) (represented by: T. Alkin, Barrister)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1216/2011-4), concerning opposition proceedings between Ferring BV and Tillotts Pharma AG.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1216/2011-4);

2. Orders OHIM to bear its own costs and to pay half of the costs incurred by Ferring BV;

3. Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Ferring.

(1) OJ C 26, 26. 1. 2013.
EN Official Journal of the European Union C 129/18

Judgment of the General Court of 12 March 2014 — Al Assad v Council

(Case T-202/12) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Entry of an individual on the lists of persons subject to restrictive measures - Personal ties to members of the regime - Rights of the defence - Fair hearing - Obligation to state reasons - Burden of proof - Right to effective judicial protection - Proportionality - Right to property - Right to privacy))

2014/C 129/22

Language of the case: French

Parties

Applicant: Bouchra Al Assad (Damascus, Syria) (represented by: G. Karouni and C. Dumont, lawyers)

Defendant: Council of the European Union (represented by: G. Étienne and M.-M. Joséphidès, acting as Agents)

Re:

Application for annulment in part, first, of Council Implementing Decision 2012/172/CFSP of 23 March 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ 2012 L 87, p. 103); secondly, of 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); thirdly, of 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, fourthly, of Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), in so far as those acts relate to the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Bouchra Al Assad to pay the costs.

(1) OJ C 217, 21.7.2012.
EN Official Journal of the European Union C 235/16

Judgment of the General Court of 4 June 2014 — Free v OHIM Conradi + Kaiser (FreeLounge)

(Case T-161/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark FreeLounge - Earlier national figurative mark free ‘LA LIBERTÉ N’A PAS DE PRIX’, earlier national word mark ‘FREE’, company name ‘FREE’ and domain name ‘FREE.FR’ - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Power to alter))

2014/C 235/20

Language of the case: French

Parties

Applicant: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Conradi + Kaiser GmbH (Kleinmaischeid, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 January 2012 (Case R 437/2011-2), relating to opposition proceedings between Free SAS and Conradi + Kaiser GmbH.

Operative part of the judgment

The Court:

1. Declares that the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 January 2012 (Case R 437/2011-2) is annulled in so far as it considered that the services for online publication of electronic books and periodicals as well as the services for publication of periodicals and books in electronic form, including on the Internet, falling within Class 41 and covered by the application for registration, were not similar to the services to disseminate information electronically, in particular for Internet-style global communication networks, falling within Class 38 and covered by the earlier figurative mark;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 194, 30.6.2012.