ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 198/37

Judgment of the General Court of 29 April 2014 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)

(Case T-717/13) (1)

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

(2015/C 198/49)

Language of the case: English

Parties

Applicant: Chair Entertainment Group LLC (Provo, Utah, United States) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Libelle AG (Stuttgart, Germany) (represented by: E. Strauß, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 October 2013 (Case R 776/2011 2), relating to opposition proceedings between Libelle AG and Chair Entertainment Group LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Declares that Chair Entertainment Group LLC is to pay, in addition to its own costs, those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Declares that Libelle AG is to pay its own costs.

(1) OJ C 71, 8.3.2014.
EN Official Journal of the European Union C 146/36

Judgment of the General Court of 18 March 2015 — Naazneen Investments v OHIM — Energy Brands (SMART WATER)

(Case T-250/13) (1)

((Community trade mark - Revocation proceedings - Community word mark SMART WATER - Genuine use - Article 51(1)(a) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 146/49)

Language of the case: English

Parties

Applicant: Naazneen Investments Ltd (Limassol, Cyprus) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Energy Brands, Inc. (New York, United States) (represented by: S. Malynicz, Barrister, and D. Stone, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 February 2013 (Case R 1101/2011-2), relating to revocation proceedings between Energy Brands, Inc. and Naazneen Investments Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Naazneen Investments Ltd to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 221/8

Judgment of the General Court of 21 May 2015 — Senz Technologies BV v OHIM — Impliva (Umbrellas)

(Case T-22/13 and T-23/13) (1)

((Community design - Invalidity proceedings - Registered Community design representing umbrellas - Grounds for invalidity - Disclosure of earlier design - American patent as earlier design - Circles specialised in the sector concerned - Informed user - Degree of attention of an informed user - Fashion accessories - Degree of freedom of the designer - Individual character - Different overall impression - Invalidity proceedings))

(2015/C 221/10)

Language of the case: English

Parties

Applicant: Senz Technologies BV (Delft (Netherlands)) (represented initially by: W. Hoyng and C. Zeri, and subsequently by W. Hoyng and I. de Bruijn, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Impliva BV (Mijdrecht (Netherlands)) (represented by: C. Gielen and A. Verschuur, lawyers)

Re:

Actions brought against two decisions of the Third Board of Appeal of OHIM of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3), in relation to invalidity proceedings between Impliva BV and Senz Technologies BV.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2012 (Cases R 2453/2010-3 and R 2459/2010-3);

2. Orders Impliva BV to bear its own costs and to pay one third of the costs of Senz Technologies BV;

3. Orders Senz Technologies to bear two thirds of its own costs;

4. Orders OHIM to bear its own costs.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 205/30

Judgment of the General Court of 7 May 2015 — Cosmowell v OHIM — Haw Par (GELENKGOLD)

(Case T-599/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark GELENKGOLD - Earlier Community figurative mark representing a tiger - Relative ground for refusal - Likelihood of confusion - Alteration of the distinctive character of the earlier mark - Phonetic similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 205/39)

Language of the case: German

Parties

Applicant: Cosmowell GmbH (Sankt Johann in Tirol, Austria) (represented by: J. Sachs, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Haw Par Corp. Ltd (Singapore, Singapore) (represented by: C. Schultze, J. Ossing, R.-D. Härer, C. Weber, H. Ranzinger, C. Brockmann and C. Gehweiler, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 (Case R 2013/2012-4), relating to opposition proceedings between Haw Par Corp. Ltd and Cosmowell GmbH.

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 5 September 2013 (Case R 2013/2012-4);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay half of the costs incurred by Cosmowell GmbH during both the proceedings before the Court and the Board of Appeal;

4. Orders Haw Par Corp. Ltd to bear its own costs and to pay half of the costs incurred by Cosmowell during both the proceedings before the Court and the Board of Appeal.

(1) OJ C 39, 8.2.2014.
EN Official Journal of the European Union C 262/18

Judgment of the General Court of 25 June 2015 — SACE and Sace BT v Commission

(Case T-305/13) (1)

((State aid - Export credit insurance - Reinsurance granted by a public undertaking to its subsidiary - Capital contributions to cover the subsidiary’s losses - Notion of State aid - Imputability to the State - Private investor test - Obligation to state reasons))

(2015/C 262/23)

Language of the case: Italian

Parties

Applicants: Servizi assicurativi del commercio estero SpA (SACE) (Rome, Italy); and Sace BT SpA (Rome) (represented by: M. Siragusa and G. Rizza, lawyers)

Defendant: European Commission (represented by: G. Conte, D. Grespan and K. Walkerová, acting as Agents)

Intervener in support of the applicants: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by S. Fiorentino, avvocato dello Stato)

Re:

Application for annulment of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A. (OJ 2014 L 239, p. 24).

Operative part of the judgment

The Court:

1. Annuls Article 2(2) of Commission Decision 2014/525/EU of 20 March 2013 on the measures SA.23425 (11/C) (ex NN 41/10) implemented by Italy in 2004 and 2009 for SACE BT S.p.A;

2. Dismisses the action as to the remainder;

3. Servizi assicurativi del commercio estero SpA (SACE) and Sace BT shall bear their own costs, including those relating to the interlocutory proceedings;

4. The European Commission shall bear its own costs, including those relating to the interlocutory proceedings;

5. The Italian Republic shall bear its own costs, including those relating to the interlocutory proceedings.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 236/34

Judgment of the General Court of 4 June 2015 — Versorgungswerk der Zahnärztekammer Schleswig-Holstein v ECB

(Case T-376/13) (1)

((Access to documents - Decision 2004/258/EC - Exchange agreement of 15 February 2012 among Greece and the ECB and the Eurosystem national central banks - Annexes A and B - Partial refusal of access - Public interest - Monetary policy of the European Union and a Member State - Financial situation of the ECB and the Eurosystem national central banks - Stability of the financial system in the European Union))

(2015/C 236/45)

Language of the case: German

Parties

Applicant: Versorgungswerk der Zahnärztekammer Schleswig-Holstein (Kiel, Germany) (represented by: O. Hoepner and D. Unrau, lawyers)

Defendant: European Central Bank (ECB) (represented by: A. Sáinz de Vicuña Barroso, S. Lambrinoc and K. Laurinavičius, acting as Agents, and H.-G. Kamann and P. Gey lawyers)

Re:

Application for annulment of the decision of the ECB of 22 May 2013, partially refusing to grant the applicant access to Annexes A and B to the ‘Exchange Agreement dated 15 February 2012 among the Hellenic Republic and the European Central Bank and the Eurosystem NCBs listed herein’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Versorgungswerk der Zahnärztekammer Schleswig-Holstein to pay the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 346/22

Judgment of the General Court of 10 September 2015 — Greece v Commission

(Case T-346/13) (1)

((EAGGF - ‘Guarantee’ Section - EAGGF and EAFRD - Expenditure excluded from financing - Rural development measures - Agri-environment - Adequate checks - Lump-sum financial corrections))

(2015/C 346/25)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented initially by: I.-K. Chalkias, X. Basakou and A.-E. Vasilopoulou, and subsequently by: A.-E. Vasilopoulou, G. Kanellopoulos and O. Tsirkinidou, acting as Agents)

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

Re:

Application for annulment of Commission Implementing Decision 2013/214/EU of 2 May 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 123, p. 11).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision 2013/214/EU of 2 May 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, in so far as it imposes a financial correction of 2 % on the Hellenic Republic) in respect of the ‘Organic farming’ and ‘Organic livestock’ agri-environment sub-measures;

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic and the European Commission to bear their own costs.

(1) OJ C 245, 24.8.2013.
EN Official Journal of the European Union C 302/46

Judgment of the General Court of 15 July 2015 — Deutsche Rockwool Mineralwoll v OHIM — Recticel (λ)

(Case T-215/13) (1)

((Community trade mark - Revocation proceedings - Community figurative mark λ - Genuine use - Use as part of a composite mark - Proof of use - Articles 15 and 51(1) of Regulation (EC) No 207/2009))

(2015/C 302/58)

Language of the case: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Recticel SA (Brussels, Belgium)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 February 2013 (Case R 112/2012-5), relating to cancellation proceedings between Deutsche Rockwool Mineralwoll GmbH & Co. OHG and Recticel SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Rockwool Mineralwoll GmbH & Co. OHG to pay the costs.

(1) OJ C 178, 22.6.2013.
3.

Orders the effects of Decision 2012/829 and Implementing Regulation No 1264/2012 to be maintained as regards Oil Pension Fund Investment Company until the expiry of the period for bringing an appeal stated in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal has been brought within that period, until the dismissal of that appeal;
EN Official Journal of the European Union C 363/35

Judgment of the General Court of 18 September 2015 — Bundesverband Deutsche Tafel v OHIM — Tiertafel Deutschland (Tafel)

(Case T-710/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark Tafel - Absolute grounds for refusal - Distinctive character - No descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2015/C 363/43)

Language of the case: German

Parties

Applicant: Bundesverband Deutsche Tafel eV (Berlin, Germany) (represented by: T. Koerl, E. Celenk and S. Vollmer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tiertafel Deutschland eV (Rathenow, Germany) (represented by: M. Nitschke, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 October 2013 (Case R 1074/2012-4) relating to invalidity proceedings between Tiertafel Deutschland eV and Bundesverband Deutsche Tafel eV.

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 17 October 2013 (Case R 1074/2012-4);

2. Orders OHIM to bear its own costs and to pay those incurred by Bundesverband Deutsche Tafel eV;

3. Orders Tiertafel Deutschland eV to bear its own costs.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 398/34

Judgment of the General Court of 8 October 2015 — Italian Republic v Commission

(Case T-358/13) (1)

((EAFRD - Clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the EAFRD - Decision declaring a certain amount to be non-reusable in connection with the Basilicata Region Rural Development Plan - Article 30 of Regulation (EC) No 1290/2005 - Obligation to state reasons))

(2015/C 398/44)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri and B. Tidore, acting as Agents, and M. Salvatorelli, avoccato dello Stato)

Defendant: European Commission (represented by: J. Aquilina and P. Rossi, acting as Agents)

Re:

Action for partial annulment of Commission Implementing Decision 2013/209/EU of 26 April 2013 on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2012 financial year (OJ 2013 L 118, p. 23), in so far as it classifies as a ‘non-reusable amount’ the amount of EUR 5 0 06 487,10 relating to the Basilicata Region (Italy) Rural Development Plan.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 389/37

Judgment of the General Court of 30 September 2015 — Ecolab USA v OHIM (GREASECUTTER)

(Case T-610/13) (1)

((Community trade mark - International registration designating the European Community - Word mark GREASECUTTER - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)b) and (c) of Regulation (EC) No 207/2009))

(2015/C 389/38)

Language of the case: English

Parties

Applicant: Ecolab USA, Inc. (Wilmington, Delaware, United States) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 September 2013 (Case R 1704/2012-2), concerning the international registration designating the European Community of the word mark GREASECUTTER.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ecolab USA, Inc. to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 7/23

Judgment of the General Court of 11 November 2015 — Greece v Commission

(Case T-550/13) (1)

((EAGGF - Guarantee Section - EAGF and EAFRD - Expenditure excluded from financing - Reasonable period - Absence of key controls - Extrapolation of the findings of default))

(2016/C 007/31)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I Chalkias and A. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented by: D. Triantafyllou, K. Skelly, acting as Agents, and N. Korogiannakis, lawyer)

Re:

Application for 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).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the Hellenic Republic to pay the costs.

(1) OJ C 377, 21.12.2013.
EN Official Journal of the European Union C 414/26

Judgment of the General Court of 23 October 2015 — Trekstor v OHIM — MSI Technology (MovieStation)

(Case T-636/13) (1)

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

(2015/C 414/33)

Language of the case: German

Parties

Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: MSI Technology GmbH (Frankfurt-am-Main, Germany) (represented by: T. Lieb, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2013 (Case R 1914/2012-4), relating to invalidity proceedings between TrekStor Ltd and MSI Technology GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders MSI Technology GmbH to bear its own costs.

(1) OJ C 39, 8.2.2014.
EN Official Journal of the European Union C 27/41

Judgment of the General Court of 2 December 2015 — European Dynamics Luxembourg and Evropaïki Dynamiki v Joint undertaking Fusion for Energy

(Case T-553/13) (1)

((Public service contracts - Tendering procedure - Supply of IT services, consulting, software development, Internet and support - Rejection of the tender of one tenderer and award of the contracts to other tenderers - Non-contractual liability))

(2016/C 027/49)

Language of the case: English

Parties

Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: D. Mabger and I. Ampazis, lawyers)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (represented: initially by H. Jahreiss, R. Hanak, A. Verpont, I. Costin and A. Nagy, and subsequently by R. Hanak, A. Verpont, I. Costin and A. Nagy, acting as Agents, and by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application for (i) annulment of the decision of the European Joint Undertaking for ITER and the Development of Fusion Energy of 7 August 2013 taken in the context of the tendering procedure F4E-ADM-0464 concerning IT services, consulting, software development, Internet and support services (OJ 2012/S 213-352451) rejecting the tender submitted by European Dynamics Luxembourg SA and awarding the contracts to other tenderers, and (ii) an award of damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 27/36

Judgment of the General Court of 26 November 2015 — Comunidad Autónoma del País Vasco and Itelazpi v Commission

(Case T-462/13) (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 - Advantage - Service of general economic interest - Article 107(3)(c) TFEU - New aid))

(2016/C 027/42)

Language of the case: Spanish

Parties

Applicants: Comunidad Autónoma del País Vasco (Spain) and Itelazpi, SA (Zamudio, Spain) (represented by: initially N. Ruiz García, J. Buendía Sierra, A. Lamadrid de Pablo and M. Muñoz de Juan, then J. Buendía Sierra and A. Lamadrid de Pablo, lawyers)

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

Intervener in support of the defendant: SES Astra (Betzdorf, Luxembourg) (represented by: F. González Díaz, F. Salerno, V. Romero Algarra, lawyers)

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 Comunidad Autónoma del País Vasco (Spain) and Itelazpi, SA to bear their own costs and to pay those incurred by the European Commission and by SES Astra in the main proceedings;

3) Orders Comunidad Autónoma del País Vasco and Itelazpi to bear their own costs relating to the interim proceedings.

(1) OJ C 304, 19.10.2013.