ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 11/25

Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission

(Case T-49/08 P) (1)

(Appeal - Cross-appeal - Staff case - Officials - Staff Report - Career Development Report - 2003 Assessment period - Award of a merit mark in the absence of tasks to be carried out - Non-material loss - Duty of the Civil Service Tribunal to state reasons)

2010/C 11/48

Language of the case: Greek

Parties

Appellant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and K. Herrmann, Agents, and E. Bourtzalas, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-67/05 Michail v Commission, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-67/05 Michail v Commission, not yet published in the ECR;

2. Refers the case back to the Civil Service Tribunal;

3. Orders that the costs be reserved.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 282/44

Judgment of the Court of First Instance of 14 October 2009 — Ferrero v OHIM — Tirol Milch (TiMi KiNDERJOGHURT)

(Case T-140/08) (1)

(Community trade mark - Invalidity proceedings - Community figurative trade mark TiMi KiNDERJOGHURT - Earlier word mark KINDER - Relative ground for refusal - Lack of similarity of the signs - Earlier opposition proceedings - Absence of res judicata - Article 8(1)(b), Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 [now Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009)

2009/C 282/83

Language of the case: English

Parties

Applicant: Ferrero SpA (Alba, Italy) (represented by: C. Gielen and F. Jacobacci, 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: Tirol Milch reg.Gen.mbH Innsbruck (Innsbruck, Austria)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 January 2008 (Case R 682/2007-2) relating to invalidity proceedings between Ferrero SpA and Tirol Milch reg.Gen.mbH Innsbruck.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ferrero SpA to pay the costs.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 113/41

Judgment of the General Court of 4 March 2010 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle with a helically formed neck)

(Case T-24/08) (1)

(Community trade mark - Opposition proceedings - Application for a three-dimensional Community trade mark - Shape of a bottle with a helically formed neck - Earlier three-dimensional Community trade mark consisting in the shape of a bottle with a helically formed neck - Relative ground for refusal - No 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 113/64

Language of the case: English

Parties

Applicant: Weldebräu GmbH & Co. KG (Plankstadt, Germany) (represented by: W. Göpfert, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Kofola Holding a.s. (Ostrava, Czech Republic) (represented by: S. Hejdová and R. Charvát, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2007 (Case R 1096/2006-4), relating to opposition proceedings between Weldebräu GmbH & Co. KG and Kofola Holding a.s.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Weldebräu GmbH & Co. KG to pay the costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 37/35

Judgment of the General Court of 15 December 2009 — Media-Saturn v OHIM

(Case T-476/08) (1)

(Community trade mark - Application for figurative Community trade mark BEST BUY - 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))

2010/C 37/47

Language of the case: German

Parties

Applicant: Media-Saturn-Holding GmbH (Ingolstadt, Germany) (represented initially by: K. Lewinsky; subsequently by: C.-R. Haarmann and E. Warnke, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 591/2008-4) concerning an application for registration of the figurative sign BEST BUY as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Media-Saturn-Holding GmbH to pay the costs.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 179/38

Judgment of the General Court of 12 May 2010 — European Commission v Meierhofer

(Case T-560/08 P) (1)

(Appeals - Civil service - Recruitment - Open competition - Decision that a candidate had failed the oral test - Commission’s refusal to comply with a measure of organisation of procedure)

2010/C 179/65

Language of the case: German

Parties

Appellant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents, assisted by B. Wägenbaur, lawyer)

Other party to the proceedings: Stefan Meierhofer (Munich, Germany) (represented by: H. -G. Schiessl, lawyer)

Re:

APPEAL against the judgment of the European Union Civil Service Tribunal (First Chamber) of 14 October 2008 in Case F-74/07 Meierhofer v Commission [2008] ECR-SC I A 1-0000 and II A-1-0000 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 14 October 2008 in Case F-74/07 Meirehofer v Commission [2008] ECR-SC A-I-1-0000 and II-A-1-0000;

2. Refers the case back to the Civil Service Tribunal.

3. Reserves the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 148/29

Judgment of the General Court of 14 April 2010 — Laboratorios Byly v OHIM — Ginis (BILLY’S Products)

(Case T-514/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BILLY’S Products - Earlier Community and national word marks BYLY and byly - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 148/51

Language of the case: Spanish

Parties

Applicant: Laboratorios Byly SA (Barberà del Vallès, Spain) (represented by: L. Plaza Fernández-Villa, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Vasileios Ginis (Athens, Greece)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.

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 15 September 2008 (Case R 469/2008-2);

2. Orders OHIM to pay the costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 221/36

Judgment of the General Court of 1 July 2010 — Italian Republic v Commission

(Case T-53/08) (1)

(State aid - Compensation for expropriation on grounds of public interest - Temporal extension of a preferential tariff for the supply of electricity - Decision declaring the aid incompatible with the common market - Concept of advantage - Principle of audi alteram partem)

2010/C 221/57

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: S. Fiorentino, lawyer)

Defendant: European Commission (represented by: C. Giolito and G. Conte, Agents)

Re:

Application for annulment of Commission Decision 2008/408/EC of 20 November 2007 on the State aid C 36/A/06 (ex NN 38/06) implemented by Italy in favour of ThyssenKrupp, Cementir and Nuova Terni Industrie Chimiche (OJ 2008 L 144, p. 37)

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Order the Italian Republic to pay the costs.

(1) OJ C 79, 29.3.2008.
EN Official Journal of the European Union C 209/34

Judgment of the General Court of 22 June 2010 — Montero Padilla v OHIM — Padilla Requena (JOSE PADILLA)

(Case T-255/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark JOSE PADILLA - Earlier marks and sign JOSE PADILLA - Relative grounds for refusal - No well-known trade mark within the meaning of Article 6 bis of the Paris Convention or trade mark with a reputation - Article 8(2)(c) and Article 8(5) of Regulation (EC) No 40/94 (now Article 8(2)(c) and Article 8(5) of Regulation (EC) No 207/2009) - No earlier sign used in the course of trade - Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation No 207/2009))

2010/C 209/50

Language of the case: Spanish

Parties

Applicant: Eugenia Montero Padilla (Madrid, Spain) (represented by: initially G. Aguillaume Gandasegui and P. Linde Puelles, and subsequently A. Salerno and M. Di Stefano, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: José María Padilla Requena (Santa Eulalia, Spain) (represented by: J.F. Gallego Jiménez and J.R. Gil Cantons, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2008 (Case R 516/2007-2), concerning opposition proceedings between Eugenia Montero Padilla and José María Padilla Requena

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Eugenia Montero Padilla to bear her own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by José María Padilla Requena.

(1) OJ C 209, 15.8.2008.
Judgment of the General Court of 9 September 2010 — Carpent Languages v Commission

(Case T-582/08) (1)

(Public service contracts - Community tendering procedure - Organisation of meetings and conferences - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Obligation to state the reasons on which a decision is based - Manifest error of assessment - Equal treatment)

(2010/C 288/71)

Language of the case: French

Parties

Applicant: Carpent Languages (Brussels, Belgium) (represented by: P. Goergen, lawyer)

Defendant: European Commission (represented by: B. Simon and E. Manhaeve, Agents, and by F. Tulkens and V. Ost, lawyers)

Re:

Action brought against the Commission’s decision of 30 October 2008 rejecting the applicant’s bid for lot No 4 ‘Provision of teams of interpreters according to the linguistic requirements of each event’ of contract notice VT/2008/036 (Multiple framework contracts for meeting and conference organisation services), and the Commission’s decision of 17 November 2008 appointing the successful tenderer of lot No 4, and an application for a declaration that the Commission be ordered to pay damages in the event that the General Court does not grant the application for annulment of the decision rejecting the applicant’s bid.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Carpent Languages SPRL to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 234/32

Judgment of the General Court of 9 July 2010 — Exalation v OHIM (Vektor-Lycopin)

(Case T-85/08) (1)

(Community trade mark - Application for Community word mark Vektor-Lycopin - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

2010/C 234/54

Language of the case: German

Parties

Applicant: Exalation Ltd (Ilford, Essex, United Kingdom) (represented by: K. Zingsheim, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2007 (Case R 1037/2007-4), concerning an application for registration of the word sign Vektor-Lycopin as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Exalation Ltd to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 13/23

Judgment of the General Court of 12 November 2010 — Spain v Commission

(Case T-113/08) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Aid for the production of olive oil - Aid for arable crop areas)

2011/C 13/44

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, acting as Agent)

Defendant: European Commission (represented by: F. Jimeno Fernández, acting as Agent)

Re:

Application for partial annulment of Commission Decision 2008/68/EC of 20 December 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2008 L 18, p. 12), in so far as it relates to certain expenditure incurred by the Kingdom of Spain in the olive oil and arable crop sectors

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the Kingdom of Spain to pay the costs.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 317/28

Judgment of the General Court of 7 October 2010 — DHL Aviation and DHL Hub Leipzig v Commission

(Case T-452/08) (1)

(State aid - Air freight - Warranties relating to the operation of DHL’s new European hub at Leipzig-Halle Airport - Decision declaring the aid incompatible with the common market and ordering its recovery)

2010/C 317/49

Language of the case: English

Parties

Applicants: DHL Aviation SA/NV (Zaventem, Belgium) and DHL Hub Leipzig GmbH (Schkeuditz, Germany) (represented by: A. Burnside, Solicitor, and B. van de Walle de Ghelcke, of the Brussels Bar)

Defendant: European Commission (represented by: K. Gross, B. Martenczuk and E. Righini, Agents)

Re:

Application for the partial annulment of Commission Decision 2008/948/EC of 23 July 2008 on measures by Germany to assist DHL and Leipzig-Halle Airport (OJ 2008 L 346, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DHL Aviation SA/NV and DHL Hub Leipzig GmbH to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 89/15

Judgment of the General Court of 8 February 2011 — Paroc v OHIM (INSULATE FOR LIFE)

(Case T-157/08) (1)

(Community trade mark - Application for Community word mark INSULATE FOR LIFE - 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) - Merely confirmatory decision - Partial inadmissibility)

2011/C 89/33

Language of the case: English

Parties

Applicant: Paroc Oy AB (Helsinki, Finland) (represented by: J. Palm)

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 21 February 2008 (Case R 54/2008-2), concerning an application for registration of the word sign INSULATE FOR LIFE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Paroc Oy AB to pay the costs.

(1) OJ C 171, 5.7.2008.
EN Official Journal of the European Union C 38/10

Judgment of the General Court of 17 December 2010 — EWRIA and Others v Commission

(Case T-369/08) (1)

(Dumping - Imports of iron or steel ropes and cables originating in China, India, South Africa, Ukraine and Russia - Refusal to initiate a partial interim review of the anti-dumping duty imposed)

2011/C 38/15

Language of the case: English

Parties

Applicants: European Wire Rope Importers Association (EWRIA) (Hemer, Germany); Câbleries namuroises SA (Namur, Belgium); Ropenhagen A/S (Vallensbaek Strand, Denmark); ESH Eisen- und Stahlhandelsgesellschaft mbH (Kaarst, Germany); Heko Industrieerzeugnisse GmbH (Hemer); Interkabel Internationale Seil- und Kabel-Handels GmbH (Solms, Germany); Jose Casañ Colomar, SA (Valencia, Spain); and Denwire Ltd (Dudley, United Kingdom) (represented by: T. Lieber, lawyer)

Defendant: European Commission (represented by: C. Clyne and H. van Vliet, Agents)

Re:

APPLICATION for annulment of the decision of the Commission of 4 July 2008 rejecting the applicants’ request for initiation of a partial interim review of the anti-dumping measures applicable to imports of iron or steel ropes and cables.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Wire Rope Importers Association (EWRIA), Câbleries namuroises SA, Ropenhagen A/S, ESH Eisen- und Stahlhandelsgesellschaft mbH, Heko Industrieerzeugnisse GmbH, Interkabel Internationale Seil- und Kabel-Handels GmbH, Jose Casañ Colomar SA and Denwire Ltd to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 226/24

Judgment of the General Court of 16 June 2011 — Ziegler v Commission

(Case T-199/08) (1)

(Competition - Cartels - International removal services market in Belgium - Decision finding an infringement of Article 81 EC - Price-fixing - Market-sharing - Bid rigging - Appreciable effect on trade - Fines - 2006 Guidelines on the method of setting fines)

2011/C 226/47

Language of the case: French

Parties

Applicant: Ziegler SA (Brussels, Belgium) (represented by: J.-L. Lodomez and J. Lodomez, lawyers)

Defendant: European Commission (represented initially by A. Bouquet and O. Beynet, and subsequently by A. Bouquet and N. von Lingen, Agents)

Re:

Application for the annulment of Commission Decision C(2008) 926 final of 11 March 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.543 — International Removal Services), and, in the alternative, the annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ziegler SA to pay the costs, including those relating to the interim proceedings before the Court.

(1) OJ C 183, 19.7.2008.
EN Official Journal of the European Union C 186/18

Judgment of the General Court of 17 May 2011 — Buczek Autmotive v Commission

(Case T-1/08) (1)

(State aid - Restructuring of the Polish steel industry - Recovery of public debts - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Interest in bringing proceedings - Admissibility - Concept of State aid - Private investor criterion)

2011/C 186/32

Language of the case: Polish

Parties

Applicant: Buczek Automotive sp. z o.o. (Sosnowiec, Poland) (represented by: initially T. Gackowski, then D. Szlachetko-Reiter and lastly J. Jurczyk, lawyers)

Defendant: European Commission (represented by: initially K. Gross, M. Kaduczak, A. Stobiecka-Kuik and K. Herrmann, then A. Stobiecka-Kuik, K. Herrmann and T. Maxian Rusche, Agents)

Intervener in support of the applicant: Republic of Poland, (represented by: M. Niechciala, then M. Krasnodębska-Tomkiel and M. Rzotkiewicz, Agents)

Re:

Partial annulment of Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group (OJ 2008 L 116, p. 26).

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decision 2008/344/EC of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group;

2. Annuls Article 3(1) and (3) and Articles 4 and 5 of Decision 2008/344, in so far as they relate to Buczek Automotive sp. z o.o.;

3. Orders the European Commission to bear its own costs and to pay those incurred by Buczek Automotive, including those relating to the interim proceedings;

4. Orders the Republic of Poland to bear its own costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 331/17

Judgment of the General Court of 29 September 2011 — adidas v OHIM — Patrick Holding (Representation of a shoe with two stripes)

(Case T-479/08) (1)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a shoe with two stripes on the side - Earlier national trade mark representing a shoe with three stripes on the side - Relative ground for refusal - Failure to substantiate the earlier right - Failure to translate elements essential to substantiating the registration of the earlier trade mark - Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)

2011/C 331/30

Language of the case: English

Parties

Applicant: adidas AG (Herzogenaurach, Germany) (represented by: V. von Bomhard, A. Renck, and I. Fowler, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løge and T. Meedom, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 August 2008 (Case R 849/2007-2) relating to opposition proceedings between adidas AG and Patrick Holding ApS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders adidas AG to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 311/36

Judgment of the General Court of 9 September 2011 — Kwang Yang Motor v OHIM — Honda Giken Kogyo (internal combustion engine)

(Case T-11/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing an internal combustion engine - Earlier national design - Ground for invalidity - No individual character - Visible features of a component part of a complex product - No different overall impression - Informed user - Degree of freedom of the designer - Articles 4, 6 and 25(1)(b) of Regulation (EC) No 6/2002)

2011/C 311/64

Language of the case: English

Parties

Applicant: Kwang Yang Motor Co., Ltd (Kaohsiung, Taiwan) (represented by: P. Rath, W. Festl-Wietek and M. Wetzel, lawyers)

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, intervening before the General Court: Honda Giken Kogyo Kabushiki Kaisha (Tokyo, Japan) (represented by: T. Musmann, H. Timmann, M. Büttner and S. von Petersdorff-Campen, lawyers)

Re:

Action brought against the decision of 8 October 2007 of the Third Board of Appeal of OHIM (Case R 1380/2006-3), relating to invalidity proceedings for Community designs between Honda Giken Kogyo Kabushiki Kaisha and Kwang Yang Motor Co., Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kwang Yang Motor Co., Ltd to pay the costs.

(1) OJ C 64, 8.3.2008.