ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 462/22

Judgment of the General Court of 12 November 2014 — Murnauer Markenvertrieb v OHIM (NOTFALL CREME)

(Case T-504/12) (1)

((Community trade mark - Application for Community figurative trade mark NOTFALL CREME - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Equal treatment))

(2014/C 462/33)

Language of the case: German

Parties

Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and H. Daniel, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2012 (Case R 271/2012-4) concerning an application for registration of the figurative sign NOTFALL CREME as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 421/32

Judgment of the General Court of 8 October 2014 — Fuchs v OHIM — Les Complices (Star within a circle)

(Case T-342/12) (1)

((Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a star within a circle - Earlier Community and national figurative marks representing a star within a circle - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation No 207/2009 - Revocation of the earlier Community mark - Continued interest in bringing proceedings - Failure to find that there was no need to adjudicate in part))

2014/C 421/43

Language of the case: English

Parties

Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Les Complices SA (Montreuil-sous-Bois, France)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 8 May 2012 (Case R 2040/2011-5), relating to opposition proceedings between Les Complices SA and Max Fuchs.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Max Fuchs to pay the costs.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 81/15

Judgment of the General Court of 22 January 2015 — Tsujimoto v OHIM — Kenzo (KENZO)

(Case T-393/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark KENZO - Earlier Community word mark KENZO - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009 - Late submission of documents - Discretion of the Board of Appeal - Article 76(2) of Regulation No 207/2009))

(2015/C 081/19)

Language of the case: English

Parties

Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kenzo (Paris, France) (represented by P. Roncaglia, G. Lazzeretti and N. Parrotta, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 May 2012 (Case R 1659/2011-2) concerning opposition proceedings between Kenzo and Mr Kenzo Tsujimoto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Kenzo Tsujimoto to pay the costs.

(1) OJ C 355, 17.11.2012.
Judgment of the General Court of 25 November 2014 — Alfastar Benelux SA v Council

(Case T-394/12) (1)

(Public service contracts - Tender procedure - Technical maintenance and help desk and on-site intervention services for the personal computers, printers and peripherals of the General Secretariat of the Council - Rejection of a tenderer’s bid and award of contract to another tenderer - Decision taken following the annulment by the General Court of an earlier decision - Action for damages)

(2015/C 016/53)

Language of the case: English

Parties

Applicant: Alfastar Benelux SA (Ixelles, Belgium) (represented by: N. Keramidas and N. Korogiannakis, lawyers)

Defendant: Council of the European Union (represented by: M. Vitsentzatos, E. Chatziioakeimidou and M. Robert, Agents)

Re:

Application, first, for annulment of the decision of the Council of 13 June 2012 not to select the tender submitted by the applicant in response to the restricted call for tenders UCA 218/07, for the provision of technical maintenance and help desk and on-site intervention services for the PCs, printers and peripherals of the General Secretariat of the Council and to award the contract to another tenderer and, secondly, application for compensation for the damage allegedly suffered as a result of the award of the contract to another tenderer.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Alfastar Benelux SA to pay the costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 155/22

Judgment of the General Court of 25 March 2015 — Central Bank of Iran v Council

(Case T-563/12) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Rights of defence - Right to effective judicial protection - Error of assessment - Right to property - Right to reputation - Proportionality))

(2015/C 155/25)

Language of the case: English

Parties

Applicant: Central Bank of Iran (Tehran (Iran)) (represented by: M. Lester, Barrister)

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

Re:

APPLICATION for annulment, first, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58), in so far as it maintained, after review, the listing of the applicant’s name in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), and, secondly, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), in so far as it maintained, after review, the listing of the applicant’s name in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Central Bank of Iran to pay the costs.

(1) OJ C 55, 23.2.2013.
Official Journal of the European Union

Judgment of the General Court of 12 February 2015 — Compagnie des montres Longines, Francillon v OHIM — Cheng (B)

(Case T-505/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark B - Earlier international figurative mark representing two extended wings - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No damage to reputation - Article 8(5) of Regulation No 207/2009))

(2015/C 107/31)

Language of the case: English

Parties

Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina, and subsequently P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Xiuxiu Cheng (Budapest, Hungary)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 14 September 2012 (Case R 193/2012-5), relating to opposition proceedings between Compagnie des montres Longines, Francillon SA and Xiuxiu Cheng.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnie des montres Longines, Francillon SA, to pay the costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 262/16

Judgment of the General Court of 25 June 2015 — PT Musim Mas v Council

(Case T-26/12) (1)

((Dumping - Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia - Adjustment - Article 2(9) and (10)(i) of Regulation (EC) No 1225/2009 - Functions similar to those of an agent working on a commission basis - Single economic entity - Manifest error of assessment - Principle of sound administration - Equality and non-discrimination))

(2015/C 262/20)

Language of the case: English

Parties

Applicant: PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas) (Medan, Indonesia) (represented by: D. Luff, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, and initially by G. Berrisch, lawyer, and N. Chesaites, Barrister, and subsequently by D. Geradin, lawyer, and lastly by E. McGovern, Barrister)

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

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), and Council Implementing Regulation (EU) No 1241/2012 of 11 December 2012 amending Implementing Regulation No 1138/2011 (OJ 2012 L 352, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas) to bear its own costs and to pay those incurred by the Council of the European Union;

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

4. Orders Sasol Olefins & Surfactants GmbH and Sasol Germany GmbH to bear their own costs.

(1) OJ C 80, 17.3.2012.
EN Official Journal of the European Union C 213/29

Judgment of the General Court of 12 May 2015 — Dalli v Commission

(Case T-562/12) (1)

((Member of the Commission - OLAF investigation - Alleged oral decision of the President of the Commission to require the resignation of the person concerned - Action for annulment - No actionable measure - Inadmissibility - Action for damages))

(2015/C 213/50)

Language of the case: English

Parties

Applicant: John Dalli (St Julians, Malta) (represented by: L. Levi, A.-M. Alamanou and S. Rodrigues, lawyers)

Defendant: European Commission (represented by: B. Smulders, J. Baquero Cruz and J. P. Keppenne, acting as Agents)

Re:

Application for annulment of the oral decision allegedly taken by the President of the Commission on 16 October 2012 to terminate the applicant’s office as a Member of the Commission and for compensation for damage allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr John Dalli to pay the costs.

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 398/32

Judgment of the General Court of 13 October 2015 — Intrasoft International v Commission

(Case T-403/12) (1)

((Public service contracts - Tendering procedure - Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system - Conflict of interests - Rejection of a tenderer’s bid by the Delegation of the European Union to the Republic of Serbia - Implicit rejection of the complaint against the rejection of the bid))

(2015/C 398/41)

Language of the case: English

Parties

Applicant: Intrasoft International SA (Luxembourg, Luxembourg) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and E. Georgieva, acting as Agents)

Re:

Application, first, for annulment of the Commission’s letter of 10 August 2012, acting through the Delegation of the European Union to the Republic of Serbia, stating that the tendering procedure EuropeAid/131367/C/SER/RS, entitled ‘Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs’ (OJ 2011/S 160-262712), could not be awarded to the consortium of which Intrasoft International SA was a part, and secondly, an application for the annulment of the alleged implicit decision rejecting the complaint made by the applicant against the letter of the 10 August 2012.

Operative part of the judgment

The Court:

1. Annuls the decision rejecting the tender of the consortium of which Intrasoft International SA was part, contained in the letter of 10 August 2012 drafted by the Delegation of the European Union to the Republic of Serbia as the European Commission’s subdelegated contracting authority and relating to the tendering procedure EuropeAid/131367/C/SER/RS, entitled ‘Technical assistance to the Customs Administration of Serbia to support the modernisation of the customs system’;

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs including those relating to the proceedings for interim relief.

(1) OJ C 343, 10.11.2012.
EN Official Journal of the European Union C 346/15

Judgment of the General Court of 8 September 2015 — Ministry of Energy of Iran v Council

(Case T-564/12) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Error of assessment - Breach of fundamental rights - Proportionality))

(2015/C 346/17)

Language of the case: English

Parties

Applicant: Ministry of Energy of Iran (Tehran, Iran) (represented by: M. Lester, Barrister)

Defendant: Council of the European Union (represented by: M. Bishop and A. De Elera, acting as Agents)

Re:

Action for partial annulment of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Ministry of Energy of Iran to pay the costs.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 136/28

Judgment of the General Court of 29 February 2016 — Panalpina World Transport (Holding) and Others v Commission

(Case T-270/12) (1)

((Competition - Agreements, decisions and concerted practices - International air freight forwarding services - Decision finding an infringement of Article 101 TFEU - Price fixing - Surcharges and charging mechanisms affecting the final price - Fines - Proportionality - Gravity of the infringement - Equal treatment - Obligation to state reasons - Settlement - 2006 Guidelines on the method of setting fines))

(2016/C 136/39)

Language of the case: English

Parties

Applicants: Panalpina World Transport (Holding) Ltd (Basle, Switzerland), Panalpina Management AG (Basle), Panalpina China Ltd (Hong Kong, China) (represented by: S. Mobley, A. Stratakis, T. Grimmer and B. Smith, Solicitors)

Defendant: European Commission (represented by: V. Bottka, G. Meessen and P. Van Nuffel, acting as Agents, and by C. Thomas, Solicitor)

Re:

Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicants, and for variation of the fines imposed on them in that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Panalpina World Transport (Holding) Ltd, Panalpina Management AG and Panalpina China Ltd to pay the costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 78/13

Judgment of the General Court of 19 January 2016 — Mitsubishi Electric v Commission

(Case T-409/12) (1)

((Competition - Agreements, decisions and concerted practices - Market in gas insulated switchgear projects - New decision taken following annulment in part of the initial decision by the Court - Fines - Obligation to state reasons - Principle of good administration - Rights of the defence - Equal treatment - Proportionality - Erroneous application - Starting amount - Extent of contribution to the infringement - Deterrence multiplier))

(2016/C 078/21)

Language of the case: English

Parties

Applicant: Mitsubishi Electric Corp. (Tokyo, Japan) (represented by: R. Denton, J. Vyavaharkar, R. Browne, L. Philippou, M. Roald, and J. Robinson, Solicitors, and K. Haegeman, lawyer)

Defendant: European Commission (represented by: N. Khan and P. Van Nuffel, acting as Agents)

Re:

Application, principally, for the annulment of Commission Decision C(2012) 4381 of 27 June 2012 amending Decision C(2006) 6762 final of 24 January 2007 relating to a proceeding under Article 81 [EC] (now Article 101 TFEU) and Article 53 of the EEA Agreement to the extent that it was addressed to Mitsubishi Electric Corp. and Toshiba Corp. (Case COMP/39.966 — Gas Insulated Switchgear — Fines) in so far as it concerns the applicant and, in the alternative, for the amendment of Article 1 of that decision with a view to the annulment or, failing that, a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mitsubishi Electric Corp. to pay the costs.

(1) OJ C 343, 10.11.2012.
EN Official Journal of the European Union C 253/27

Judgment of the General Court of 24 June 2014 — 1872 Holdings v OHIM — Havana Club International (THE SPIRIT OF CUBA)

(Case T-207/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark THE SPIRIT OF CUBA - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

2014/C 253/39

Language of the case: English

Parties

Applicant: 1872 Holdings vof (Amsterdam, Netherlands) (represented by: M. Antoine-Lalance, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Havana Club International SA (Havana, Cuba) (represented by: M. Pomares Caballero, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 684/2012-1) concerning invalidity proceedings between Havana Club International SA and 1872 Holdings vof.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 1872 Holdings vof to pay the costs.

(1) OJ C 171, 15.6.2013.
EN Official Journal of the European Union C 194/23

Judgment of the General Court of 8 May 2014 — Pedro Group v OHIM — Cortefiel (PEDRO)

(Case T-38/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark PEDRO - Earlier Community figurative mark Pedro del Hierro - Partial refusal to register - Relative grounds for refusal - Genuine use of the earlier mark - Highly distinctive character of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 194/30

Language of the case: English

Parties

Applicant: Pedro Group Pte Ltd (Singapore, Singapore) (represented by: B. Brandreth, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Vuijst and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cortefiel, SA (Madrid, Spain) (represented initially by H. Mosback, P. López Ronda, G. Macias Bonilla and G. Marín Raigal, and subsequently by P. López Ronda, G. Macias Bonilla and G. Marín Raigal, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 November 2012 (Case R 271/2011-4), relating to opposition proceedings between Cortefiel, SA, and Pedro Group Pte Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pedro Group Pte Ltd to pay the costs.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 388/16

Judgment of the General Court of 23 September 2014 — Groupe Léa Nature v OHIM — Debonair Trading Internacional (SO’BiO ētic)

(Case T-341/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark SO’BiO ētic - Earlier Community and national word and figurative marks SO…? - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009 - Lack of genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009))

2014/C 388/19

Language of the case: English

Parties

Applicant: Groupe Léa Nature SA (Périgny, France) (represented by: S. Arnaud, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and V. Melgar, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervener before the General Court: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: T. Alkin, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 March 2013 (Case R 203/2011-1), relating to opposition proceedings between Debonair Trading Internacional Lda and Groupe Léa Nature SA.

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 26 March 2013 (Case R 203/2011-1);

2. Orders OHIM and Debonair Trading Internacional Lda each to bear their own costs, and to pay the costs of Groupe Léa Nature SA.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 292/43

Judgment of the General Court of 16 July 2014 — Nanu-Nana Joachim Hoepp v OHIM — Stal-Florez Botero (la nana)

(Case T-196/13) (1)

((Community trade mark - Invalidity proceedings - Application for the Community figurative mark ‘la nana’ - Earlier national word mark NANA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No genuine use of the earlier mark - Article 57(2) and (3) of Regulation No 207/2009))

2014/C 292/52

Language of the case: English

Parties

Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: T. Boddien, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Lina M. Stal-Florez Botero (Maarssen, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 January 2013 (Case R 300/2012-1) relating to invalidity proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Lina M. Stal-Florez Botero.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nanu-Nana Joachim Hoepp GmbH & Co. KG to pay the costs.

(1) OJ C 171, 15.6.2013.