ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 22/27

Judgment of the General Court of 1 December 2016 — Universidad Internacional de la Rioja v EUIPO — Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR)

(Case T-561/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR - Earlier EU word mark UNIRIOJA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 022/35)

Language of the case: Spanish

Parties

Applicant: Universidad Internacional de la Rioja, SA (Logroño, Spain) (represented by: C. Lema Devesa and A. Porras Fernandez-Toledano, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Schifko, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Universidad de la Rioja (Logroño, Spain) (represented initially by: J. Diez-Hochleitner Rodríguez, D. Garayalde Niño and A. I. Alpera Plazas, lawyers, and subsequently by J Diez-Hochleitner Rodríguez and D Garayalde Niño

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 June 2015 (Case R 1914/2014-5), relating to opposition proceedings between Universidad de la Rioja and Universidad Internacional de la Rioja.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Universidad Internacional de la Rioja, SA to pay the costs.

(1) OJ C 389, 23.11.2015.
EN Official Journal of the European Union C 78/26

Judgment of the General Court of 2 February 2017 — Marcas Costa Brava v EUIPO — Excellent Brands JMI (Cremcaffé by Julius Meinl)

(Case T-686/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Cremcaffé by Julius Meinl - Earlier EU figurative mark café crem - Relative ground for refusal - Lack of genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009))

(2017/C 078/35)

Language of the case: English

Parties

Applicant: Marcas Costa Brava, SL (Sils, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Excellent Brands JMI Ltd (Baar, Switzerland) (represented by: D. Majer, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2015 (Case R 2517/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JMI.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marcas Costa Brava, SL, to pay the costs.

(1) OJ C 48, 8.2.2016.
EN Official Journal of the European Union C 63/26

Judgment of the General Court of 19 January 2017 — Stock Polska v EUIPO — Lass & Steffen (LUBELSKA)

(Case T-701/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark LUBELSKA - Earlier national word mark Lubeca - Relative ground for refusal - Likelihood of confusion - Level of attention of the public - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 063/36)

Language of the case: English

Parties

Applicant: Stock Polska sp. z o.o. (Warsaw, Poland) (represented by: T. Gawrylczyk, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lass & Steffen GmbH Wein- und Spirituosen-Import (Lübeck, Germany) (represented by: R. Kunz-Hallstein, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 24 September 2015 (Case R 1788/2014-5), relating to opposition proceedings between Lass & Steffen Wein- und Spirituosen-Import and Stock Polska.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Stock Polska sp. z o.o. to pay the costs.

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 112/35

Judgment of the General Court of 17 February 2017 — Batmore Capital v EUIPO — Univers Poche (POCKETBOOK)

(Case T-596/15) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative trade mark POCKETBOOK - Earlier national figurative marks POCKET - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 112/48)

Language of the case: English

Parties

Applicant: Batmore Capital Ltd (Tortola, British Virgin Islands) (represented by: D. Masson, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Univers Poche (Paris, France) (represented by: F. Dumont, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 30 July 2015 (Case R 1952/2014-1), relating to opposition proceedings between Univers Poche and Batmore Capital.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Batmore Capital Ltd to pay the costs, including the costs necessarily incurred by Univers Poche before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).

(1) OJ C 414, 14.12.2015.
EN Official Journal of the European Union C 95/9

Judgment of the General Court of 15 February 2017 — Morgese and Others v EUIPO — All Star (2 STAR)

(Case T-568/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark 2 STAR - Earlier EU figurative mark ONE STAR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 095/16)

Language of the case: English

Parties

Applicants: Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta), Felice D’Onofrio (Barletta) (represented by: D. Russo, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and G. Sakalaite-Orlovskiene, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: All Star CV (Hilversum, Netherlands) (represented by C. Sleep, Solicitor)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 July 2015 (Case R 1906/2014-5), relating to opposition proceedings between All Star, on the one hand, and Messrs G. Morgese, P. Morgese and F. D’Onofrio, on the other hand.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Messrs Giuseppe Morgese, Pasquale Morgese and Felice D’Onofrio to pay the costs.

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 151/29

Judgment of the General Court of 30 March 2017 — Greece v Commission

(Case T-112/15) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Regulation (EC) No 1782/2003 - Regulation (EC) No 796/2004 - Area-related aid scheme - Concept of permanent pasture - Obligation to state reasons - Proportionality - Flat-rate financial correction - Deduction of earlier correction))

(2017/C 151/35)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented initially by I. Chalkias, G. Kanellopoulos, E. Leftheriotou and A. Vasilopoulou, and subsequently by G. Kanellopoulos, E. Leftheriotou and A. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented initially by D. Triantafyllou and A. Marcoulli, and subsequently by D. Triantafyllou, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Implementing Decision 2014/950/EU of 19 December 2014 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 2014 L 369, p. 71).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision 2014/950/EU of 19 December 2014 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) as regards the amounts of correction of EUR 5 007 867.36, of deduction of EUR 2 318 055.75 and of financial impact of EUR 2 689 811.61, concerning expenditure incurred by the Hellenic Republic in the sector of Rural Development EAFRD Axis 2 (2007-2013, area related measures), for the 2009 financial year, in respect of the weaknesses regarding the Land Parcel Identification System (LPIS) and the on-the-spot checks (second pillar, 2008 claim year);

2. Dismisses the action as to the remainder;

3. Orders the Hellenic Republic to bear its own costs and to pay the costs incurred by the European Commission.

(1) OJ C 171, 26.5.2015.
EN Official Journal of the European Union C 129/18

Judgment of the General Court of 8 March 2017 — Rafhaelo Gutti v EUIPO — Transformados del Sur (CAMISERIA LA ESPAÑOLA)

(Case T-504/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark CAMISERIA LA ESPAÑOLA - Earlier national figurative mark representing two crossed flags - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 129/29)

Language of the case: Spanish

Parties

Applicant: Rafhaelo Gutti, SL (Loja, Spain) (represented by: I. Sempere Massa, lawyer)

Defendant: European Union Intellectual Property Office (represented by: B. Uriarte Valiente and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Transformados del Sur, SA (Seville, Spain) (represented by: M. Salas Martin, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 July 2015 (Case R 2424/2014-4), relating to opposition proceedings between Transformados del Sur and Rafhaelo Gutti.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rafhaelo Gutti, SL to pay the costs.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 202/15

Judgment of the General Court of 11 May 2017 — Deza v ECHA

(Case T-115/15) (1)

((REACH - Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Supplement to the entry of the substance di-(2-ethylhexyl)phthalate (DEHP) on that list - Articles 57 and 59 of Regulation No 1907/2006))

(2017/C 202/27)

Language of the case: Czech

Parties

Applicant: Deza, a.s. (Valašské Meziříčí, Czech Republic) (represented by: P. Dejl, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented: initially by M. Heikkilä, W. Broere and T. Zbihlej, and subsequently by M. Heikkilä, W. Broere and C. Buchanan, acting as Agents, and by M. Procházka et M. Mašková, lawyers)

Interveners in support of the defendant: Kingdom of Denmark (represented by: C. Thorning and N. Lyshøj Malte, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman, B. Koopman and H. Stergiou, acting as Agents), Kingdom of Sweden (represented by: E. Karlsson, L. Swedenborg, A. Falk, C. Meyer-Seitz, U. Persson and N. Otte Widgren, acting as Agents), and Kingdom of Norway (represented by: K. Moen and K. Moe Winther, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of a decision of 12 December 2014 taken by the Executive Director of ECHA by which the existing entry relating to the substance DEHP on the list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007, L 136, p. 3), was supplemented to the effect that that substance is also identified as a substance with endocrine-disrupting properties and which can have serious effects on the environment, within the meaning of Article 57(f) of that regulation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deza, a.s. to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA), including those incurred in the proceedings for interim measures;

3. Orders the Kingdom of Denmark, the Kingdom of the Netherlands, the Kingdom of Sweden and the Kingdom of Norway to bear their own respective costs.

(1) OJ C 178, 1.6.2015.
EN Official Journal of the European Union C 161/25

Judgment of the General Court of 5 April 2017 — Tractel Greifzug v EUIPO — Shenxi Machinery (Shape of a motor-driven rope winch)

(Case T-621/15) (1)

((EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a motor-driven rope winch - Absolute ground for refusal - Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result - Article 7(1)(e)(ii) of Regulation (EC) No 207/2009))

(2017/C 161/34)

Language of the case: German

Parties

Applicant: Tractel Greifzug GmbH (Bergisch Gladbach, Germany) (represented by: U. Lüken and C. Maierhöfer, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Shenxi Machinery Co. Ltd (Wuxi, China) (represented by: C. Vossius, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 3 September 2015 (Case R 1658/2014-1), relating to invalidity proceedings between Shenxi Machinery and Tractel Greifzug.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tractel Greifzug GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Shenxi Machinery Co. Ltd to bear its own costs.

(1) OJ C 16, 18.1.2016.
EN Official Journal of the European Union C 256/19

Judgment of the General Court of 27 June 2017 — Deutsche Post v EUIPO — Media Logistik (PostModern)

(Case T-13/15) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark PostModern - Earlier national word mark POST and earlier EU word mark Deutsche Post - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Evidence submitted for the first time before the General Court))

(2017/C 256/18)

Language of the case: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) (represented by: initially K. Hamacher and C. Giersdorf, K. Hamacher, and finally K. Hamacher and G. Müllejans, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Media Logistik GmbH (Dresden, Germany) (represented by: S. Risthaus, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 3 November 2014 (Case R 2063/2013-1), relating to opposition proceedings between Deutsche Post and Media Logistik.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Post AG to pay the costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 221/18

Judgment of the General Court of 15 May 2017 — Morton’s of Chicago v EUIPO — Mortons the Restaurant (MORTON’S)

(Case T-223/15) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark MORTON’S - Earlier non-registered national trade marks MORTON’S, MORTONS, MORTON’S CLUB, MORTONS CLUB, MORTON’S THE RESTAURANT, MORTONS RESTAURANT and M MORTON’S - Relative ground for refusal - Declaration of invalidity - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))

(2017/C 221/23)

Language of the case: English

Parties

Applicant: Morton’s of Chicago, Inc. (Chicago, Illinois, United States) (represented by: J. Moss, Barrister)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mortons the Restaurant Ltd (London, United Kingdom) (represented by: J. Barry, Solicitor, and P. Nagpal, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 February 2015 (Case R 46/2014-1), relating to invalidity proceedings between Mortons The Restaurant and Morton’s of Chicago.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Morton’s of Chicago, Inc. to pay the costs.

(1) OJ C 228, 13.7.2015.
EN Official Journal of the European Union C 357/9

Judgment of the General Court of 7 September 2017 — VM Vermogens-Management v EUIPO — DAT Vermögensmanagement (Vermögensmanufaktur)

(Case T-374/15) (1)

((European Union trade mark - Invalidity proceedings - EU word mark Vermögensmanufaktur - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))

(2017/C 357/11)

Language of the case: German

Parties

Applicant: VM Vermögens-Management GmbH (Düsseldorf, Germany) (represented by: T. Dolde and P. Homann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: DAT Vermögensmanagement GmbH (Baldham, Germany) (represented by: H.-G. Stache, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 April 2015 (Case R 418/2014–5), relating to invalidity proceedings between DAT Vermögensmanagement and VM Vermögens-Management.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VM Vermögens-Management GmbH to bear its own costs and those incurred by the European Union Intellectual Property Office (EUIPO) as well;

3. Orders DAT Vermögensmanagement GmbH to bear its own costs.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 283/31

Judgment of the General Court of 14 July 2017 — Certified Angus Beef v EUIPO — Certified Australian Angus Beef (CERTIFIED AUSTRALIAN ANGUS BEEF)

(Case T-55/15) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark CERTIFIED AUSTRALIAN ANGUS BEEF - Earlier well-known figurative and word marks SINCE 1978 CERTIFIED ANGUS BEEF BRAND and CERTIFIED ANGUS BEEF BRAND - Relative ground for refusal - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 283/46)

Language of the case: English

Parties

Applicant: Certified Angus Beef LLC (Wooster, Ohio, United States) (represented by: C. Aikens, Barrister)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer and A. Söder, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Certified Australian Angus Beef Pty Ltd (Surrey Hills, Australia)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 30 October 2014 (Case R 662/2014-4), relating to opposition proceedings between Certified Angus Beef and Certified Australian Angus Beef.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Certified Angus Beef LLC to pay the costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 392/20

Judgment of the General Court of 5 October 2017 — Mabrouk v Council

(Case T-175/15) (1)

((Common foreign and security policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Measures taken against persons responsible for misappropriation of State funds and associated persons and entities - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds - Continued listing of the applicant’s name - Inadequate factual basis - Manifest error of assessment - Error of law - Right to property - Principle of good administration - Obligation to adjudicate within a reasonable time - Presumption of innocence - Request for modification - Confirmatory measure - Inadmissibility))

(2017/C 392/24)

Language of the case: English

Parties

Applicant: Mohamed Marouen Ben Ali Ben Mohamed Mabrouk (Tunis, Tunisia) (represented by: J.-R. Farthouat, J.-P. Mignard, N. Boulay, lawyers, and S. Crosby, Solicitor)

Defendant: Council of the European Union (represented: initially by Á. de Elera-San Miguel Hurtado and G. Étienne, and subsequently by Á. de Elera San Miguel Hurtado, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2015 L 26, p. 29), in so far as it concerns the applicant, the Council’s Decision of 16 November 2015 rejecting the applicant’s request of 29 May 2015 to remove his name from the list in the Annex to Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2011 L 28, p. 62) and Council Decision (CFSP) 2016/119 of 28 January 2016 amending Decision 2011/72 (OJ 2016 L 23, p. 65), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Mohamed Marouen Ben Ali Ben Mohamed Mabrouk to bear his own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 236, 20.7.2015.
EN Official Journal of the European Union C 374/30

Judgment of the General Court of 22 September 2017 — Wanègue v Committee of the Regions

(Case T-682/15 P) (1)

((Appeal - Civil service - Officials - Working conditions - Overtime - Chauffeur in grade AST 6 - Withdrawal of entitlement to the fixed allowance for overtime - Equality of arms - Obligation to state reasons - Errors in law - Distortion of the facts))

(2017/C 374/44)

Language of the case: French

Parties

Appellant: Patrick Wanègue (Dilbeek, Belgium) (represented by: M.-A. Lucas, lawyer)

Other party to the proceedings: Committee of the Regions (represented by: J. C. Cañoto Argüelles and S. Bachotet, agents, and by B. Wägenbaur, lawyer)

Re:

Appeal lodged against the order of the European Union Civil Service Tribunal (Second Chamber) of 15 September 2015, Wanègue v Committee of the Regions (F 21/15, EU:F:2015:102), seeking to have that order set aside.

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders Mr Patrick Wanègue to bear his own costs and those incurred by the Committee of the Regions in the present appeal.

(1) OJ C 59, 15.2.2016.