ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 213/30

Judgment of the General Court of 13 May 2015 — Group Nivelles v OHIM — Easy Sanitary Solutions (Shower drain conduit)

(Case T-15/13) (1)

((Community design - Invalidity proceedings - Registered design representing a shower drain conduit - Earlier design - Grounds for invalidity - Novelty - Individual character - Visible characteristic of the earlier design - Goods at issue - Articles 4 to 7, 19 and 25(1)(b) of Regulation (EC) No 6/2002))

(2015/C 213/51)

Language of the case: Dutch

Parties

Applicant: Group Nivelles (Gingelom, Belgium) (represented by: H. Jonkhout, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Easy Sanitary Solutions BV (Losser, Netherlands) (represented by: F. Eijsvogels, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 4 October 2012 (Case R 2004/2010-3) concerning invalidity proceedings between I-drain BVBA and Easy Sanitary Solutions BV.

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 October 2012 (Case R 2004/2010-3);

2. Dismisses the remainder of the action;

3. Orders OHIM to bear its own costs and to pay those incurred by Group Nivelles and Easy Sanitary Solutions BV.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 198/35

Judgment of the General Court of 29 April 2015 — Hostel Tourist World v OHIM — WRI Nominees (HostelTouristWorld.com)

(Case T-566/13) (1)

((Community trade mark - Cancellation proceedings - Community figurative mark HostelTouristWorld.com - Earlier international word mark HOSTELWORLD.COM - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Minimal inherent distinctiveness of the earlier mark - Likelihood of confusion))

(2015/C 198/47)

Language of the case: Spanish

Parties

Applicant: Hostel Tourist World, SL (Seville, Spain) (represented by: J. Bartrina Díaz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: WRI Nominees Ltd (Luxembourg, Luxembourg) (represented initially by G. Kelly and A. Payne, solicitors, subsequently by A. Payne, J. Llevat Vallespinosa and J.-Y. Teindas Maillard, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2013 (Case R 966/2012-4) concerning cancellation proceedings between the company WRI Nominees Ltd and Hostel Tourist World, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hostel Tourist World, SL to pay the costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 262/19

Judgment of the General Court of 16 June 2015 — Silicium España Laboratorios v OHIM — LLR-G5 (LLRG5)

(Case T-306/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark ‘LLRG5’ - Absolute ground for refusal - Bad faith on the part of the Community trade mark proprietor - Article 52(1)(b) of Regulation (EC) No 207/2009))

(2015/C 262/24)

Language of the case: English

Parties

Applicant: Silicium España Laboratorios, SL (Tarragona, Spain) (represented by: C. Sueiras Villalobos, 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 General Court: LLR-G5 Ltd (Castlebar, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

Re:

Action brought against the decision of the First Chamber of the Board of Appeal of OHIM of 7 March 2013 (case R 383/2012-1), relating to invalidity proceedings between LLR-G5 Ltd and Silicium España Laboratorios, SL.

Operative part

The Court:

1) Dismisses the action;

2) Orders Silicium España Laboratorios, SL, to pay the costs.

(1) OJ C 226, 3.8.2013.
EN Official Journal of the European Union C 236/38

Judgment of the General Court of 3 June 2015 — Levi Strauss v OHIM — L&O Hunting Group (101)

(Case T-604/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark 101 - Earlier Community word mark 501 - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 236/50)

Language of the case: German

Parties

Applicant: Levi Strauss & Co. (New Castle, California, United States) (represented initially by: V. von Bomhard and J. Schmitt, and subsequently by: V. von Bomhard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and M. Fischer, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: L&O Hunting Group GmbH (Isny im Allgäu, Germany) (represented by: K. Kuck, K. Landes and G. Müllejans, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 September 2013 (Case R 1538/2012-2) concerning opposition proceedings between Levi Strauss & Co. and L&O Hunting Group GmbH.

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 (OHIM) of 6 September 2013 (Case R 1538/2012-2) concerning opposition proceedings between Levi Strauss & Co. and L&O Hunting Group GmbH;

2. Orders OHIM and L&O Hunting Group GmbH to bear their own costs and to pay the costs incurred by Levi Strauss & Co.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 302/49

Judgment of the General Court of 15 July 2015 — Spain v Commission

(Case T-561/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Rural development programme for Galicia (2007 2013) - Rural development support measures - Compensation payments for natural handicaps - Expenses incurred by Spain - On-the-spot checks - Obligation to carry out a census of animals - Article 10(2) and (4) and Article 14(2) of Regulation (EC) No 1975/2006 - Article 35(1) of Regulation (EC) No 796/2004 - Default procedure))

(2015/C 302/63)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially N. Díaz Abad, then M. Sampol Pucurull, abogados del Estado)

Defendant: European Commission (represented by: I. Galindo Martín and P. Rossi, acting as Agents)

Re:

Action for partial annulment of Commission Implementing Decision 2013/433/EU of 13 August 2013 on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 219, p. 49) in so far as it concerns expenditure incurred by the Kingdom of Spain amounting to EUR 7 57 968,97.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the kingdom of Spain to bear its own costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 279/33

Judgment of the General Court of 7 July 2015 — Alpinestars Research v OHIM — Tung Cho and Wang Yu (A ASTER)

(Case T-521/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark A ASTER - Earlier Community word mark A-STARS - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 279/41)

Language of the case: English

Parties

Applicant: Alpinestars Research Srl (Coste di Maser, Italy) (represented by: G. Dragotti, R. Valenti and S. Balice, lawyers)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Kean Tung Cho (Taichung City, Taiwan) and Ling-Yuan Wang Yu (Wuci Township, Taiwan)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 July 2013 (Case R 2309/2012-4), relating to opposition proceedings between Alpinestars Research Srl, on the one hand, and Kean Tung Cho and Ling-Yuan Wang Yu, on the other hand.

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 15 July 2013 (Case R 2309/2012-4);

2. Orders OHIM to pay the costs.

(1) OJ C 352, 30.11.2013.
EN Official Journal of the European Union C 363/32

Judgment of the General Court of 18 September 2015 — Miettinen v Council

(Case T-395/13) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Opinion of the Council’s legal service concerning proposals for a Directive and a Regulation of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation - Partial refusal of access - Exception relating to protection of legal advice - Exception relating to protection of the decision-making process))

(2015/C 363/40)

Language of the case: English

Parties

Applicant: Samuli Miettinen (Espoo, Finland) (represented by: O. Brouwer and E. Raedts, lawyers)

Defendant: Council of the European Union (represented initially by: K. Pellinghelli, P. Plaza García and K. Toomus, and subsequently by: P. Plaza García, A. Jensen and M. Bauer, acting as Agents)

Interveners in support of the applicant: Kingdom of Sweden (represented initially by: A. Falk, C. Meyer-Seitz, U. Persson, E. Karlsson, L. Swedenborg and C. Hagerman, and subsequently: by A. Falk, C. Meyer-Seitz, U. Persson, N. Otte Widgren, K. Sparrman, E. Karlsson, L. Swedenborg and F. Sjövall, acting as Agents); and Republic of Estonia (represented by: N. Grünberg, acting as Agent)

Re:

Application for annulment of the Council decision of 13 May 2013 refusing full access to document No 12979/12 of 27 July 2012 containing an opinion of the Council’s Legal Service relating to the proposals for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation and a Regulation on insider dealing and market manipulation and other instruments regarding the harmonisation of administrative sanctions in the framework of financial services.

Operative part of the judgment

The Court:

1. Annuls the decision of the Council of the European Union of 13 May 2013 denying full access to document No 12979/12 of 27 July 2012 containing an opinion of the Council's legal service relating to the proposals for a Directive of the European Parliament and of the Council on criminal sanctions for insider dealing and market manipulation and a Regulation on insider dealing and market manipulation and other instruments regarding the harmonisation of administrative sanctions in the framework of financial services, and the letter of the Council of 23 July 2013;

2. Orders the Council to bear its own costs and those incurred by Mr Samuli Miettinen;

3. Orders the Kingdom of Sweden and the Republic of Estonia to bear their own costs.

(1) OJ C 274, 21.9.2013.
EN Official Journal of the European Union C 346/19

Judgment of the General Court of 9 September 2015 — LG Electronics v Commission

(Case T-91/13) (1)

((Competition - Agreements, decisions and concerted practices - Global market for cathode ray tubes for television sets and computer monitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Agreements and concerted practices on pricing, market sharing, capacity and production - Single and continuous infringement - Imputability to a parent company of an infringement committed by a joint venture - Equal treatment - Method of calculating the fine - Taking into account the value of sales of cathode ray tubes through transformed products - Limitation period - Proportionality - Duration of the administrative procedure))

(2015/C 346/21)

Language of the case: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: G. van Gerven and T. Franchoo, lawyers)

Defendant: European Commission (represented initially by C. Hödlmayr, M. Kellerbauer and P. Van Nuffel, and subsequently by M. Kellerbauer, P. Van Nuffel and A. Biolan, acting as Agents)

Re:

Application for annulment in part of Commission Decision C(2012) 8839 final of 5 December 2012 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/39.437 — TV and Computer Monitor Tubes) and for a reduction of the fines imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LG Electronics, Inc. to pay the costs.

(1) OJ C 108, 13.4.2013.
EN Official Journal of the European Union C 389/42

Judgment of the General Court of 25 September 2015 — Copernicus-Trademarks v OHIM (BLUECO)

(Case T-684/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark BLUECO - Prior Community word mark BLUECAR - Relative ground for refusal - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009 - Application for alteration made by the intervener - Article 65(4) of Regulation No 207/2009))

(2015/C 389/44)

Language of the case: German

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: L. Pechan and S. Körber, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Bolloré SA (Érgue-Gaberic, France) (represented initially by: B. Fontaine, and subsequently by: O. Legrand, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2013 (Case R 2029/2012-1) concerning opposition proceedings between Bolloré SA and Copernicus-Trademarks Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Rejects the application for alteration made by Bolloré SA;

3. Orders Copernicus-Trademarks Ltd to pay the costs.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 429/15

Judgment of the General Court of 28 October 2015 — Rot Front v OHIM — Rakhat (Маcка)

(Case T-96/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Маcка - Unregistered earlier national figurative mark Маcка - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Application by OHIM of national law))

(2015/C 429/20)

Language of the case: English

Parties

Applicant: Rot Front OAO (Moscow, Russia) (represented initially by B. Térauda, and subsequently by O. Spuhler and M. Geitz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rakhat AO (Almaty, Kazakhstan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2012 (Case R 893/2012-2) concerning opposition proceedings between Rot Front OAO and Rakhat AO.

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 28 November 2012 (Case R 893/2012-2);

2. Orders OHIM to bear its own costs and to pay those incurred by Rot Front OAO.

(1) OJ C 123, 27.4.2013.
EN Official Journal of the European Union C 398/33

Judgment of the General Court of 13 October 2015 — Commission v Cocchi and Falcione

(Case T-103/13 P) (1)

((Appeal - Cross-appeal - Civil service - Officials - Pensions - Transfer of national pension rights - Proposal to add years of pensionable service - Act not having an adverse effect - Inadmissibility of the action at first instance - Article 11(2) of Annex VIII to the Staff Regulations))

(2015/C 398/43)

Language of the case: French

Parties

Appellant: European Commission (represented by: G. Gattinara and D. Martin, agents)

Other party to the proceedings: Giorgio Cocchi (Wezembeek-Oppem, Belgium) and Nicola Falcione (Brussels, Belgium) (represented initially by S. Orlandi, J. N. Louis and D. de Abreu Caldas, subsequently by: S. Orlandi, lawyers)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F-122/10), ECR-SC, EU:F:2012:180) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 11 December 2012 in Cocchi and Falcione v Commission (F-122/10) in so far as it declares admissible and well-founded the action for annulment of the acts (referred to in that judgment as ‘decisions’) of 12 and 23 February 2010, issued by the European Commission to Mr Nicola Falcione and M. Giorgio Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate.

2. Dismisses the cross-appeal.

3. Dismisses the action brought by Messrs Cocchi and Falcione before the Civil Service Tribunal in Case F-122/10 in so far as it seeks annulment of the acts of 12 and 23 February 2010, issued by the European Commission to Mr Nicola Falcione and M. Giorgio Cocchi respectively, as those acts withdrew the proposals made to Mr Cocchi and Mr Falcione, stating the result in additional years of pensionable service that a potential transfer of their pension rights would generate.

4. Orders Messrs Cocchi and Falcione to bear their own costs in the present instance and to pay those incurred by the Commission associated with the cross-appeal. The Commission shall bear its own costs associated with the appeal.

5. Orders Messrs Cocchi and Falcione and the Commission to bear their own costs associated with the proceedings at first instance.

(1) OJ C 129, 4.5.2013.
EN Official Journal of the European Union C 27/35

Judgment of the General Court of 26 November 2015 — Spain v Commission

(Case T-461/13) (1)

((State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain - Decision declaring aid to be partly compatible and partly incompatible with the internal market - Concept of undertaking - Economic activity - Advantage - Service of general economic interest - Distortion of competition - Article 107(3)(c) TFEU - Duty of diligence - Reasonable period - Legal certainty - Equal treatment - Proportionality - Subsidiarity - Right to information))

(2016/C 027/41)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Rubio González, lawyer)

Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and P. Němečková, acting as Agents)

Re:

Application for annulment of Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 [(C 23/2010) (ex NN 36/010, ex CP 163/2009)] implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha) (OJ 2014 L 217, p. 52).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the Kingdom of Spain to pay the costs incurred in the main proceedings and those relating to the interim proceedings.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 7/20

Judgment of the General Court of 12 November 2015 — CEDC International v OHIM — Fabryka Wódek Polmos Łańcut (WISENT)

(Case T-449/13) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark WISENT - Earlier national three-dimensional mark ŹUBRÓWKA - Relative grounds for refusal - Similarity of the marks - Articles 53(1)(a) and 8(1)(b) and 8(5) of Regulation (EC) No 207/2009))

(2016/C 007/27)

Language of the case: English

Parties

Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, J. Mrozowski and G. Rząsa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Fabryka Wódek Polmos Łańcut SA (Łańcut, Poland) (represented by: A. Gorzkiewicz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 June 2013 (Case R 33/2012-4), relating to invalidity proceedings between Przedsiębiorstwo Polmos Białystok and Fabryka Wodek Polmos Łańcut SA.

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 10 June 2013 (Case R 33/2012-4);

2. Orders OHIM and Fabryka Wódek Polmos Łańcut SA to bear their own costs and to pay those of CEDC International sp. z o.o.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 78/16

Judgment of the General Court of 14 January 2016 — Doux v Commission

(Case T-434/13) (1)

((Agriculture - Export refund - Poultry meat - Implementing Regulation fixing the refund at EUR 0 - Action for annulment - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Article 3(3) of Regulation (EU) No 182/2011 - Obligation to state reasons - Article 164(3) of Regulation (EC) No 1234/2007 - Legitimate expectations))

(2016/C 078/24)

Language of the case: French

Parties

Applicant: Doux SA (Châteaulin, France) (represented by: J. Vogel, lawyer)

Defendant: European Commission (represented by: D. Bianchi and K. Skelly, acting as Agents)

Intervener in support of the applicant: Tilly-Sabco (Guerlesquin, France) (represented by: R. Milchior, F. Le Roquais and S. Charbonnel, lawyers)

Re:

Application for annulment of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultry meat (OJ 2013 L 196, p. 13).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Doux SA to bear its own costs and those incurred by the European Commission;

3) Orders Tilly-Sabco to bear its own costs.

(1) OJ C 291, 5.10.2013.
1.

Annuls the two decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 April 2013 (Cases R 427/2012-1 and R 430/2012-1), in so far as they rejected the applications for registration of the word sign DAISY and the word sign MARGARITAS as Community trade marks in respect of the following goods: ‘confectionery, pastries, sweets, soft caramels, marshmallows, caramels, chewing gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa’;