ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 197/23

Judgment of the Court of First Instance of 18 June 2008 — Sundholm v Commission

(Case T-164/07 P) (1)

(Appeal - Staff case - Officials - Career development report - 2003 appraisal procedure - Rights of the defence - Appeal inadmissible - Appeal unfounded)

(2008/C 197/40)

Language of the case: French

Parties

Appellant: Asa Sundholm (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: C. Berardis-Kayser and D. Martin, Agents, assisted by B. Wägenbauer, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) in Case F-30/05 Sundholm v Commission, not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Asa Sundholm to bear her own costs and those incurred by the Commission in the present proceedings.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 6/27

Judgment of the Court of First Instance of 12 November 2008 — ecoblue v OHIM — Banco Bilbao Vizcaya Argentaria (Ecoblue)

(Case T-281/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Ecoblue - Earlier Community word mark BLUE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/54)

Language of the case: English

Parties

Applicant: ecoblue AG (Munich-Bogenhausen, Germany) (represented by: C. Osterrieth and T. Schmitz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Banco Bilbao Vizcaya Argentaria, SA (Madrid, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 25 April 2007 (Case R 844/2006-1), concerning opposition proceedings between Banco Bilbao Vizcaya Argentaria, SA and ecoblue AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ecoblue AG to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 301/33

Judgment of the Court of First Instance of 10 October 2008 — Imperial Chemical Industries v OHIM (LIGHT & SPACE)

(Case T-224/07) (1)

(Community trade mark - Application for registration of Community word mark LIGHT & SPACE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 301/54)

Language of the case: English

Parties

Applicant: Imperial Chemical Industries plc (London, United Kingdom) (represented by: initially by S. Malynicz, Barrister and V. Chandler, Solicitor and subsequently by S. Malynicz, J. Bainbridge and K. Briggs, Solicitors)

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

Re:

Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 March 2007 (Case R 1631/2006-1) concerning registration of the sign LIGHT & SPACE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Imperial Chemical Industries plc to pay the costs.

(1) OJ C 199, 25.8.2007.
EN Official Journal of the European Union C 32/32

Judgment of the Court of First Instance of 10 December 2008 — Vitro Corporativo v OHIM — VKR Holding (Vitro)

(Case T-295/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Vitro - Earlier Community word mark VITRAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 32/59)

Language of the case: Spanish

Parties

Applicant: Vitro Corporativo, SA de CV (Garza García, Nuevo Léon, Mexico) (represented by: J. Botella Reyna, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: VKR Holding A/S (Søborg, Denmark)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 1640/2006-2), relating to opposition proceedings between VKR Holding A/S and Vitro Corporativo, SA de CV

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Vitro Corporativo, SA de CV to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 19/28

Judgment of the Court of First Instance of 26 November 2008 — New Look v OHIM (NEW LOOK)

(Case T-435/07) (1)

(Community trade mark - Application for the Community word mark NEW LOOK - Absolute ground for refusal - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94)

(2009/C 19/54)

Language of the case: English

Parties

Applicant: New Look Ltd (Weymouth, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Blair and K. Gilbert, Solicitors)

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

Re:

Action against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders New Look Ltd to pay the costs.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 113/33

Judgment of the Court of First Instance of 25 March 2009 — L’Oréal v OHIM — Spa Monopole (SPA THERAPY)

(Case T-109/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark SPA THERAPY - Earlier national word mark SPA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 113/68

Language of the case: French

Parties

Applicant: L’Oréal SA (Paris, France) (represented by: E. Baud, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: E. Cornu, L. De Brouwer and D. Moreau, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 January 2007 (Case R 468/2005-4), concerning opposition proceedings between Spa Monopole, compagnie fermière de Spa SA/NV and L’Oréal SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders L’Oréal SA to pay the costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 55/23

Judgment of the Court of First Instance of 21 January 2009 — Korsch v OHIM (PharmaCheck)

(Case T-296/07) (1)

(Community trade mark - Application for the Community word mark PharmaCheck - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 - Restriction of the list of goods)

(2009/C 55/40)

Language of the case: German

Parties

Applicant: Korsch AG (Berlin, Germany) (represented by: J. Grzam, initially, and J. Grzam, M. Dittmann and M. Scheffler, subsequently, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 June 2007 (Case R 358/2007-4) concerning an application for registration of the word sign PharmaCheck as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Korsch AG to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 180/46

Judgment of the Court of First Instance of 12 June 2009 — Harwin International v OHIM — Cuadrado (Pickwick COLOUR GROUP)

(Case T-450/07) (1)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Pickwick COLOUR GROUP - Earlier national trade marks PicK OuiC and PICK OUIC Cuadrado, S.A. VALENCIA - Request for proof of use - Article 56(2) and (3) of Regulation (EC) No 40/94 (now Article 57(2) and (3) of Regulation (EC) No 207/2009))

2009/C 180/85

Language of the case: English

Parties

Applicant: Harwin International LLC (Albany, New York, United States) (represented by: D. Przedborski, 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: Cuadrado, SA (Paterna, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2007 (Case R 1245/2006-2), relating to invalidity proceedings between Cuadrado SA and Harwin International LLC

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2007 (Case R 1245/2006-2);

2. Orders OHIM to bear its own costs and pay those incurred by Harwin International LLC.

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 153/36

Judgment of the Court of First Instance of 7 May 2009 — Klein Trademark Trust v OHIM — Zafra Marroquineros (CK CREACIONES KENNYA)

(Case T-185/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark CK CREACIONES KENNYA - Earlier Community figurative mark CK Calvin Klein and earlier national figurative marks CK - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

2009/C 153/69

Language of the case: Spanish

Parties

Applicant: Calvin Klein Trademark Trust (Wilmington, Delaware, United States) (represented by: T. Andrade Boué, I. Lehmann Novo and A. Hernández Lehmann, 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 Court of First Instance: Zafra Marroquineros, SL (Caravaca de la Cruz, Spain) (represented by: J. Martín Álvarez, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 March 2007 (Case R 314/2006-2), concerning opposition proceedings between Calvin Klein Trademark Trust and Zafra Marroquineros, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Calvin Klein Trademark Trust to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 267/59

Judgment of the Court of First Instance of 23 September 2009 — Estonia v Commission

(Case T-263/07) (1)

(Environment - Directive 2003/87/EC - Emissions trading system for greenhouse gases - National plan allocating emissions allowances for Estonia for the period from 2008 to 2012 - Respective powers of the Member States and the Commission - Equal treatment - Article 9(1) and (3) and Article 11(2) of Directive 2003/87)

2009/C 267/102

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by: L. Uibo, acting as Agent)

Defendant: Commission of the European Communities (represented by: U. Wölker and T. Tamme, lawyers)

Interveners in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, acting as Agent); and the Slovak Republic (represented initially by J. Čorba, and subsequently by B. Ricziová, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by: Z. Bryanston-Cross, subsequently by L. Seeboruth, and finally by S. Ossowski, acting as Agents, assisted by J. Maurici, barrister)

Re:

Application for the annulment of the Commission Decision of 4 May 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Estonia for the period from 2008 to 2012, in accordance with European Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the judgment

The Court:

1. Annuls the Commission Decision of 4 May 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Estonia for the period from 2008 to 2012, pursuant to European Parliament and Council Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.

2. Orders the Commission to bear its own costs and to pay those incurred by the Republic of Estonia.

3. Orders the Republic of Lithuania, the Slovak Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 223, 22.9.2007 (Correcting entry OJ C 247, 20.10.2007).
EN Official Journal of the European Union C 256/25

Judgment of the Court of First Instance of 15 September 2009 — Wella v OHIM (TAME IT)

(Case T-471/07) (1)

(Community trade mark - International registration - Request for territorial extension of protection - Word mark TAME IT - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 256/46

Language of the case: English

Parties

Applicant: Wella AG (Darmstadt, Germany) (represented by: B. Klingberg and K. Sandberg, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2007 (Case R 713/2007-2), relating to a territorial extension, to the European Community, of the protection in respect of the international registration of the word mark TAME IT

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wella AG to pay the costs.

(1) OJ C 51, 23.2.2008.
EN Official Journal of the European Union C 11/23

Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (222, 333 and 555)

(Joined Cases T-200/07 to T-202/07) (1)

(Community trade mark - Applications for Community word marks 222, 333 and 555 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 11/43

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: D. Rzążewska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and K. Zajfert, Agents)

Re:

Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 22 March 2007 (Cases R 1276/2006-4, R 1277/2006-4 and R 1278/2006-4), concerning the applications for registration of the word marks 222, 333 and 555 as Community trade marks.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.

(1) OJ C 183, 4.8.2007.
EN Official Journal of the European Union C 282/42

Judgment of the Court of First Instance (Seventh Chamber) of 30 September 2009 — Sison v Council of the European Union

(Case T-341/07) (1)

(Common foreign and security policy - Restrictive measures against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSP and Regulation (EC) No 2580/2001 - Actions for annulment - Adaptation of heads of claim - Judicial review - Statement of reasons - Conditions for implementation of a Community measure freezing funds)

2009/C 282/78

Language of the case: English

Parties

Applicant: Jose Maria Sison (Utrecht, Netherlands) (represented by: J. Fermon, A. Comte, H. Schultz, D. Gürses and W. Kaleck, Lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and E. Finnegan, Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland, (represented by S. Behzadi Spencer and I. Rao, Agents); Kingdom of the Netherlands, (represented by C. Wissels, M. de Mol, M. Noort and Y. de Vries, Agents) Commission of the European Communities (represented by P. Aalto and S. Boelaert, Agents)

Re:

First, an application for annulment in part of Council Decision of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC (OJ 2007 L 169, p. 58) and, second, an application for compensation

Operative part of the judgment

The Court:

1. Annuls Council Decision 2007/445/EC of 28 June 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decisions 2006/379/EC and 2006/1008/EC, Council Decision 2007/868/EC of 20 December 2007 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/445, Council Decision 2008/343/EC of 29 April 2008 amending Decision 2007/868, Council Decision 2008/583/EC of 15 July 2008 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2007/868, Council Decision 2009/62/EC of 26 January 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2008/583, and Regulation (EC) No 501/2009 of 15 June 2009 implementing Article 2(3) of Regulation No 2580/2001 and repealing Decision 2009/62, in so far as those acts concern Jose Maria Sison;

2. Reserves the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 134/30

Judgment of the General Court of 19 March 2010 — Bianchi v ETF

(Case T-338/07 P) (1)

(Appeal - Staff case - Temporary staff - Contract for a fixed period - Decision refusing to renew the contract - Article 47(b) of the CEOS)

2010/C 134/49

Language of the case: French

Parties

Appellant: Irène Bianchi (Turin, Italy) (represented by: M.-A. Lucas, lawyer)

Other party to the proceedings: European Training Foundation (ETF) (Turin, Italy) (represented by: M. Dunbar, Agent, assisted by G. Vandersanden, then by L. Levi, lawyers)

Re:

Appeal against the judgment of 28 June 2007 of the European Union Civil Service Tribunal (Second Chamber) in Case F-38/06 Bianchi v ETF, not yet published in the ECR, seeking the setting aside of that judgment

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mrs Irène Bianchi to bear her own costs and to pay those incurred by the European Training Foundation (ETF) for the purposes of these proceedings.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 63/46

Judgment of the General Court of 21 January 2010 — Goncharov v OHIM — DSB (DSBW)

(Case T-34/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark DSBW - Earlier Community word mark DSB - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 63/80

Language of the case: German

Parties

Applicant: Karen Goncharov (Moscow, Russia) (represented by: G. Hasselblatt and A. Späth, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially A. Poch and subsequently B. Schmidt, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: DSB (Copenhagen, Denmark) (represented by: F. González Diáz and T. Graf, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 December 2006 (Case R 1330/2005-2), relating to opposition proceedings between DSB and Mr K. Goncharov

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Karen Goncharov to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 38/10

Judgment of the General Court of 16 December 2010 — Martin v Parliament

(Case T-276/07) (1)

(Rules concerning expenses and allowances for Members of the European Parliament - Recovery of sums wrongly paid)

2011/C 38/13

Language of the case: French

Parties

Applicant: Hans-Peter Martin (Vienna, Austria) (represented by: É. Boigelot, T. Bontinck and S. Woog, lawyers)

Defendant: European Parliament (represented: initially by H. Krück, D. Moore and C. Karamarcos, and subsequently by H. Krück, D. Moore and M. Windisch, Agents)

Re:

Application for annulment of the decision of the Secretary General of the European Parliament of 10 May 2007 and, if necessary, the debit note of the Director-General for Finance of the Parliament, taken pursuant to the decision of 10 May 2007, and, where applicable, any decision implementing the aforementioned measures which might arise in the course of the proceedings.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Hans-Peter Martin to pay the costs.

(1) OJ C 211 of 8.9.2007.
Official Journal of the European Union

Judgment of the General Court of 9 September 2010 — CSL Behring v Commission and EMA

(Case T-264/07) (1)

(Medicinal products for human use - Procedure for designation of orphan medicinal products - Application for designation of human fibrinogen as an orphan medicinal product - Obligation to submit the application for designation before the application for marketing authorisation is made - Decision of EMA on the validity of the application)

(2010/C 288/59)

Language of the case: German

Parties

Applicant: CSL Behring GmbH (Marburg, Germany) (represented by: C. Koenig, Professor, and F. Leinen, lawyer)

Defendants: European Commission (represented by: B. Stromsky and B. Schima, Agents) and European Medicines Agency (EMA), (represented by V. Salvatore, Agent, T. Eicke, Barrister and C. Sherliker, Solicitor

Intervener in support of the defendant European Commission: European Parliament (represented by E. Waldherr and I. Anagnostopoulou, Agents)

Re:

Action for annulment of the decision of 24 May 2007 of the European Medicines Agency (EMA) declaring invalid the applicant’s application for designation of human fibrinogen as an orphan medicinal product within the meaning of Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (OJ 2000 L 18, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CSL Behring GmbH to bear its own costs and to pay those of the European Commission and of the European Medicines Agency (EMA);

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

(1) OJ C 235, 6.10.2007.