ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 13/24

Judgment of the General Court of 24 November 2010 — Marcuccio v Commission

(Case T-9/09 P) (1)

(Appeal - Staff cases - Officials - Dismissal of the action at first instance as manifestly inadmissible - Request for the return of personal property - Notification of the decision rejecting the complaint in a language other than that of the complaint - Action out of time - No response to a head of claim submitted at first instance)

2011/C 13/45

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order

Operative part of the judgment

The Court:

1. annuls the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, in so far as it did not rule on the application for a declaration that the decision contested at first instance did not exist;

2. dismisses the appeal as to the remainder;

3. dismisses the action inasmuch as it sought a declaration that the contested decision did not exist;

4. orders Mr Luigi Marcuccio to bear his own costs and to pay those incurred by the European Commission in the present case. The costs of the proceedings at first instance which culminated in the above order in Marcuccio v Commission are to be borne in accordance with point 2 of the operative part of that order.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 317/31

Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket)

(Case T-388/09) (1)

(Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2010/C 317/57

Language of the case: English

Parties

Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2) concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rosenruist — Gestão e serviços, Lda to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 46/13

Judgment of the General Court of 16 December 2010 — Baena Grupo v OHIM — Neuman and Galdeano del Sel (Seated figure)

(Case T-513/09) (1)

(Community design - Invalidity proceedings - Registered Community design representing a seated figure - Earlier Community figurative mark - Ground for invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

2011/C 46/25

Language of the case: Spanish

Parties

Applicant: José Manuel Baena Grupo, SA (Santa Perpètua de Mogoda, Spain) (represented by: A. Canela Giménez, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Herbert Neuman (Tarifa, Spain) and Andoni Galdeano del Sel (Spain)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 14 October 2009 (Case R 1323/2008-3), relating to invalidity proceedings between Herbert Neuman and Andoni Galdeano del Sel, on the one hand, and José Manuel Baena Grupo, SA, on the other.

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 14 October 2009 (Case R 1323/2008-3);

2. Orders OHIM to bear its own costs and to pay those incurred by José Manuel Baena Grupo, SA., and orders Herbert Neuman and Andoni Galdeano del Sel to bear their own costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 38/14

Judgment of the General Court of 16 December 2010 — Lebedef v Commission

(Case T-364/09 P) (1)

(Appeal - Staff case - Officials - Annual leave - Half-time secondment for union representation - Unauthorised absence - Deduction of days from annual leave entitlement - Article 60 of the Staff Regulations)

2011/C 38/25

Language of the case: French

Parties

Appellant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Other party to the proceedings: European Commission (represented by: G. Berscheid, agent, and by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 7 July 2009 in Case F-39/08 Lebedef v Commission ECR-SC I-A-1-0000 and II-A-1-0000, with the request that the judgment be set aside.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Giorgio Lebedef to bear his own costs and to pay those incurred by the European Commission in these proceedings.

(1) OJ C 282 of 21.11.2009.
EN Official Journal of the European Union C 130/15

Judgment of the General Court of 15 March 2011 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)

(Case T-50/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Dada & Co. kids - Earlier national word mark DADA - Relative ground for refusal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))

2011/C 130/26

Language of the case: English

Parties

Applicant: Ifemy’s Holding GmbH (Munich, Germany) (represented by: H.-G. Augustinowski, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dada & Co. Kids Srl (Prato, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 November 2008 (Case R 911/2008-4), relating to opposition proceedings between Ifemy’s Holding GmbH and Dada & Co. Kids Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ifemy’s Holding GmbH to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 89/16

Judgment of the General Court of 8 February 2011 — Lan Airlines v OHIM — Air Nostrum (LÍNEAS AÉREAS Del MEDITERRÁNEO LAM)

(Case T-194/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark LINEAS AEREAS DEL MEDITERRANEO LAM - Earlier Community word and figurative marks LAN - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 89/36

Language of the case: Spanish

Parties

Applicant: Lan Airlines, SA (Renca, Chile) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Air Nostrum, Líneas Aéreas del Mediterráneo, SA (Manises, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 February 2009 (Case R 107/2008-4) relating to opposition proceedings between Lan Airlines, SA and Air Nostrum, Líneas Aéreas del Mediterráneo, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lan Airlines, SA to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 160/21

Judgment of the General Court of 13 April 2011 — Smart Technologies v OHIM (WIR MACHEN DAS BESONDERE EINFACH)

(Case T-523/09) (1)

(Community trade mark - Application for Community word mark WIR MACHEN DAS BESONDERE EINFACH - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 160/32

Language of the case: English

Parties

Applicant: Smart Technologies ULC (Calgary, Canada) (represented by: M. Edenborough, QC, T. Elias, Barrister, and R. Harrison, Solicitor)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 September 2009 (Case R 554/2009-2), concerning an application for the word sign WIR MACHEN DAS BESONDERE EINFACH as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Smart Technologies ULC to pay the costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 160/20

Judgment of the General Court of 13 April 2011 — Sociedad Agricola Requingua v OHIM — Consejo Regulador de la Denominación de Origen Toro (TORO DE PIEDRA)

(Case T-358/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark TORO DE PIEDRA - Earlier Community figurative mark D. ORIGEN TORO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Obligation to state the reasons on which a decision is based - Article 75 of Regulation No 207/2009)

2011/C 160/30

Language of the case: English

Parties

Applicant: Sociedad Agricola Requingua Ltda (Santiago, Chile) (represented by: E. Vorbuchner, C. Ley and M. Heidelberg, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Consejo Regulador de la Denominación de Origen Toro (Toro, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 1117/2008-2) concerning opposition proceedings between Consejo Regulador de la Denominación de Origen Toro and Sociedad Agricola Requingua Ltda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sociedad Agricola Requingua Ltda to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 232/24

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)

(Case T-475/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/42

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 500/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

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 24 September 2009 (Case R 500/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 204/21

Judgment of the General Court of 25 May 2011 — Prinz von Hannover v OHIM (Representation of a coat of arms)

(Case T-397/09) (1)

(Community trade mark - Application for Community figurative mark representing a coat of arms - Absolute ground for refusal - Imitation from a heraldic point of view of the symbol of a State - Article 7(1)(h) of Regulation (EC) No 207/2009 - Article 6 ter of the Paris Convention)

2011/C 204/36

Language of the case: German

Parties

Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by: R. Stötzel and J. Hilger, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 July 2009 (Case R 1361/2008-1) concerning an application for registration as a Community trade mark of a figurative sign representing the coat of arms of the house of Hanover.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 311/39

Judgment of the General Court of 9 September 2011 — Chalk v OHIM — Reformed Spirits Company Holdings (CRAIC)

(Case T-83/09) (1)

(Community trade mark - Community word mark CRAIC - Assignments - Registration of the transfer of the mark - Revocation - Articles 16, 17, 23 and 77a of Regulation (EC) No 40/94 (now Articles 16, 17, 23 and 80 of Regulation (EC) No 207/2009) and Rule 31 of Regulation (EC) No 2868/95)

2011/C 311/70

Language of the case: English

Parties

Applicant: David Chalk (Canterbury, Kent, United Kingdom) (represented by: W. James, M. Gilbert, C. Balme, Solicitors, and S. Malynicz, Barrister)

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

The other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Reformed Spirits Company Holdings Ltd (Saint Helier, United Kingdom) (represented by: C. Morcom QC)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 November 2008 (Case R 1888/2007-2) relating to an application for registration of the transfer of a Community trade mark following an assignment

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr David Chalk to pay the costs, including the costs necessarily incurred by Reformed Spirits Company Holdings Ltd for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 252/33

Judgment of the General Court of 12 July 2011 — Slovenia v Commission

(Case T-197/09) (1)

(EAGGF - ‘Guarantee’ Section - Expenditure excluded from Community financing - Arable crops)

2011/C 252/76

Language of the case: Slovene

Parties

Applicant: Republic of Slovenia (represented initially by: Ž. Cilenšek Bončina, Agent, and subsequently by L. Bembič, Agent, and J. Sladič, lawyer)

Defendant: European Commission (represented initially by: T. van Rijn and K. Banks, subsequently by F. Jimeno Fernández and M. Žebre, and finally by F. Jimeno Fernández and B. Rous, acting as Agents)

Re:

Annulment of Commission Decision 2009/253/EC of 19 March 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2009 L 75, p. 15), in so far as it excludes certain expenditure incurred by the Republic of Slovenia.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 340/17

Judgment of the General Court of 5 October 2011 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES)

(Case T-118/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BLOOMCLOTHES - Earlier national word mark BLOOM - 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))

2011/C 340/32

Language of the case: Spanish

Parties

Applicants: La Sonrisa de Carmen, SL (Vigo, Spain); and Bloom Clothes, SL (Madrid, Spain) (represented by: S. Míguez Pereira, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Harald Heldmann (Hamburg, Germany) (represented by: E. Günther, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 January 2009 (Case R 695/2008-2), relating to opposition proceedings between, on the one hand, Harald Heldmann and, on the other, La Sonrisa de Carmen, SL and Bloom Clothes, SL.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders La Sonrisa de Carmen, SL and Bloom Clothes, SL to pay the costs, with the exception of those incurred by Harald Heldmann;

3. Orders Mr Heldmann to bear his own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 319/17

Judgment of the General Court of 22 September 2011 — Italy v Commission

(Case T-500/09) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Aid for the processing of citrus fruit - Effectiveness of the checks - Proportionality)

2011/C 319/33

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: L. Ventrella and G. Palmieri, lawyers)

Defendant: European Commission (represented by: P. Rossi, Agent)

Re:

Application for annulment of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community 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 2009 L 257, p. 28), in so far as it excludes certain expenditure incurred by the Italian Republic in the sector of citrus-fruit processing.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 32/20

Judgment of the General Court of 16 December 2011 — Rintisch v OHIM — Bariatrix Europe (PROTI SNACK)

(Case T-62/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PROTI SNACK - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95)

2012/C 32/37

Language of the case: English

Parties

Applicant: Bernhard Rintisch (Bottrop, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bariatrix Europe Inc. SAS (Guilherand Granges, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 December 2008 (Case R 740/2008-4) relating to opposition proceedings between Bernhard Rintisch and Bariatrix Europe Inc. SAS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Bernhard Rintisch to pay the costs.

(1) OJ C 102, 1.5.2009
EN Official Journal of the European Union C 13/11

Judgment of the General Court of 24 November 2011 — EFIM v Commission

(Case T-296/09) (1)

(Competition - Concerted practice - Abuse of a dominant position - Markets for ink cartridges - Decision rejecting a complaint - No Community interest)

2012/C 13/21

Language of the case: German

Parties

Applicant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (Cologne, Germany) (represented by: D. Ehle, lawyer)

Defendant: European Commission (represented by: A. Antoniadis and A. Biolan, Agents, and W. Berg, lawyer)

Intervener in support of the defendant: Lexmark International Technology SA (Meyrin, Switzerland) (represented by: R. Snelders, lawyer, and G. Eclair-Heath, Solicitor)

Re:

Application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning purported infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to bear its own costs and to pay the costs incurred by the European Commission;

3. Orders Lexmark International Technology SA to bear its own costs.

(1) OJ C 256, 24.10.2009.