ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/25

Judgment of the General Court of 12 June 2014 — Nike International v OHIM — Muñoz Molina (R 10)

(Case T-137/09 RENV) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark R 10 - Unregistered earlier national word mark R 10 - Assignment of the national trade mark - Proof of ownership of the earlier trade mark))

2014/C 282/31

Language of the case: Spanish

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, 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: Aurelio Muñoz Molina (Petrer, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1), relating to opposition proceedings between DL Sports & Marketing Ltda and Aurelio Muñoz Molina.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nike International 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) before the Court of Justice and the General Court.

(1) OJ C 129, 6.6.2009.
Judgment of the General Court of 29 January 2014 — Hubei Xinyegang Steel v Council

(Case T-528/09) (1)

(Dumping - Imports of certain seamless pipes and tubes of iron or steel originating in China - Determination of a threat of injury - Article 3(9) and Article 9(4) of Regulation (EC) No 384/96 (now Article 3(9) and Article 9(4) of Regulation (EC) No 1225/2009))

(2014/C 71/26)

Language of the case: English

Parties

Applicant: Hubei Xinyegang Steel Co. Ltd (Huang Shi, China) (represented by: F. Carlin, Barrister, Q. Azau, lawyer, A. MacGregor, Solicitor, and N. Niejahr, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, Agents, and by B. O’Connor, Solicitor)

Interveners in support of the defendant: European Commission (represented initially by: H. van Vliet and M. França, and subsequently by M. França and J.-F. Brakeland, Agents, assisted by R. Bierwagen, lawyer); ArcelorMittal Tubular Products Ostrava a.s. (Ostrava-Kunčice, Czech Republic); ArcelorMittal Tubular Products Roman SA (Roman, Romania); Benteler Stahl/Rohr GmbH (Paderborn, Germany); Ovako Tube & Ring AB (Hofors, Sweden); Rohrwerk Maxhütte GmbH (Sulzbach-Rosenberg Germany); Dalmine SpA (Dalmine, Italy); Silcotub SA (Zalău, Romania); TMK-Artrom SA (Slatina, Romania); Tubos Reunidos SA (Amurrio, Spain); Vallourec Mannesmann Oil & Gas France (Aulnoye-Aymeries, France); V & M France (Boulogne-Billancourt, France); V & M Deutschland GmbH (Düsseldorf, Germany); Voestalpine Tubulars GmbH (Linz, Austria); and Železiarne Podbrezová a.s. (Podbrezová, Slovakia) (represented by: G. Berrisch, G. Wolf, lawyers, and N. Chesaites, Barrister)

Re:

Application for annulment of Council Regulation (EC) No 926/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China (OJ 2009 L 262, p. 19).

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 926/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China to the extent that it imposes anti-dumping duties on exports of products produced by Hubei Xinyegang Steel Co. Ltd and collects provisional duties imposed on those exports;

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Hubei Xinyegang Steel Co;

3. Orders the European Commission to bear its own costs;

4. Orders ArcelorMittal Tubular Products Ostrava a.s., ArcelorMittal Tubular Products Roman SA, Benteler Stahl/Rohr GmbH, Ovako Tube & Ring AB, Rohrwerk Maxhütte GmbH, Dalmine SpA, Silcotub SA, TMK-Artrom SA, Tubos Reunidos SA, Vallourec Mannesmann Oil & Gas France, V & M France, V & M Deutschland GmbH, Voestalpine Tubulars GmbH and Železiarne Podbrezová a.s. to bear their own costs.

(1) OJ C 51, 27.2.2010.
Judgment of the General Court of 26 January 2022 — Intel Corporation v Commission

(Case T-286/09 RENV) (1)

(Competition - Abuse of dominant position - Microprocessors market - Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement - Loyalty rebates - ‘Naked’ restrictions - Characterisation as abuse - As-efficient-competitor analysis - Overall strategy - Single and continuous infringement)

(2022/C 128/17)

Language of the case: English

Parties

Applicant: Intel Corporation, Inc. (Wilmington, Delaware, United States) (represented by: A. Parr, Solicitor, D. Beard QC and J. Williams, Barrister)

Defendant: European Commission (represented by: T. Christoforou, V. Di Bucci, N. Khan and M. Kellerbauer, acting as Agents)

Intervener in support of the applicant: Association for Competitive Technology, Inc. (Washington, DC, United States) (represented by: J.-F. Bellis and K. Van Hove, lawyers)

Intervener in support of the defendant: Union fédérale des consommateurs — Que choisir (UFC — Que choisir) (Paris, France) (represented by: E. Nasry, lawyer)

Re:

Application under Article 263 TFEU seeking, primarily, the annulment of Commission Decision C(2009) 3726 final of 13 May 2009 relating to a proceeding under Article [102 TFEU] and Article 54 of the EEA Agreement (Case COMP/C 3/37.990 — Intel) or, in the alternative, annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Annuls Article 1(a) to (e) and Article 2 of Commission Decision C(2009) 3726 final of 13 May 2009 relating to a proceeding under Article [102 TFEU] and Article 54 of the EEA Agreement (Case COMP/C-3/37.990 — Intel);

2. Annuls Article 3 of Decision C(2009) 3726 final solely in so far as it concerns Article 1(a) to (e) of that decision;

3. Dismisses the action as to the remainder;

4. Orders the European Commission to pay, in addition to its own costs relating to the proceedings before the General Court in Cases T-286/09 and T-286/09 RENV and to the appeal proceedings before the Court of Justice in Case C-413/14 P, two thirds of the costs incurred by Intel Corporation, Inc., and by Association for Competitive Technology, Inc., in those proceedings, while Intel Corporation and Association for Competitive Technology are each to bear one third of their own costs;

5. Orders Union fédérale des consommateurs — Que choisir (UFC — Que choisir) to bear its own costs relating to the proceedings brought before the General Court in Cases T-286/09 and T-286/09 RENV and to the appeal proceedings before the Court of Justice in Case C-413/14 P.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 65/28

Judgment of the General Court of 14 January 2015 — Abdulrahim v Council and Commission

(Case T-127/09 RENV) (1)

((Referral back after setting aside of order - Common foreign and security policy - Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Freezing of funds and economic resources of a person named in a list drawn up by a body of the United Nations - Naming of that person in the list in Annex I to Regulation (EC) No 881/2002 - Action for annulment - Admissibility - Period allowed for commencing proceedings - Exceeded - Excusable error - Fundamental rights - Rights of the defence - Right to effective judicial protection - Right to respect for property - Right to respect for private and family life))

(2015/C 065/38)

Language of the case: English

Parties

Applicant: Abdulbasit Abdulrahim (London, United Kingdom) (represented by: P. Moser QC, E. Grieves, Barrister, H. Miller and R. Graham, Solicitors)

Defendants: Council of the European Union (represented by: E. Finnegan and G. Étienne, Agents); and European Commission (represented by E. Paasivirta and G. Valero Jordana, Agents)

Re:

Application initially for (i) partial annulment of Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ 2002 L 139, p. 9), as amended by Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Regulation No 881/2002 (OJ 2008 L 345, p. 60), or of Regulation No 1330/2008, in so far as it concerns the applicant, and (ii) compensation for the damage allegedly caused by those acts.

Operative part of the judgment

The Court:

1. Annuls Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in so far as it concerns Mr Abdulbasit Abdulrahim;

2. Orders the Council of the European Union and the European Commission to bear their own costs and to pay both the costs incurred by Mr Abdulrahim in respect of the action for annulment and the sums advanced by the General Court by way of legal aid.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 160/22

Judgment of the General Court of 13 April 2011 — Air France v OHMI (Parallelogram shape)

(Case T-159/10) (1)

(Community trade mark - Application for Community figurative mark representing the shape of a parallelogram - Absolute ground of refusal - Absence of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 160/34

Language of the case: French

Parties

Applicant: Air France (Roissy-en-France, France) (represented by: A. Grolée, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 January 2010 (Case R 1018/2009-2) concerning an application for registration of a sign representing a parallelogram as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Air France to pay the costs.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 269/48

Judgment of the General Court of 13 July 2011 — Inter IKEA Systems v OHIM — Meteor Controls (GLÄNSA)

(Case T-88/10) (1)

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

2011/C 269/106

Language of the case: English

Parties

Applicant: Inter IKEA Systems BV (Delft, Netherlands) (represented by: J. Gulliksson, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Meteor Controls International Ltd (Cookstown, United Kingdom)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 December 2009 (Case R 529/2009-2) in relation to opposition proceedings between Meteor Controls International Ltd and Inter IKEA Systems BV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Inter IKEA Systems BV to pay the costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 186/24

Judgment of the General Court of 5 May 2011 — SIMS — École de ski internationale v OHIM — SNMSF (esf école du ski français)

(Case T-41/10) (1)

(Community trade mark - Invalidity proceedings - Community figurative mark esf école du ski français - Absolute grounds for refusal - State emblem - Article 7(1)(h) of Regulation (EC) No 207/2009 - Article 6ter of the Paris Convention - Mark of such a nature as to deceive the public - Article 7(1)(g) of Regulation No 207/2009)

2011/C 186/45

Language of the case: French

Parties

Applicant: Syndicat international des moniteurs de ski — École de ski internationale (SIMS — École de ski internationale) (Albertville, France) (represented by: L. Raison-Rebufat, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Syndicat national des moniteurs du ski français (SNMSF) (Meylan, France) (represented by: J.-P. Stouls, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2009 (Case R 235/2009-1), concerning invalidity proceedings between the Syndicat international des moniteurs de ski — École de ski internationale (SIMS — École de ski internationale) and the Syndicat national des moniteurs du ski français (SNMSF)

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the Syndicat international des moniteurs de ski — École de ski internationale (SIMS — École de ski internationale) to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. orders the Syndicat national des moniteurs du ski français to bear its own costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 347/30

Judgment of the General Court of 18 October 2011 — dm-drogerie markt v OHIM — Semtee (caldea)

(Case T-304/10) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark caldea - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 347/49

Language of the case: English

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Semtee (Escaldes Engornay, Andorra) (represented by: É. Guissart, lawyer)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Semtee.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs;

3. Orders each party to bear its own costs relating to the intervention of Semtee.

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 331/19

Judgment of the General Court of 28 September 2011 — Nike International v OHIM — Deichmann (VICTORY RED)

(Case T-356/10) (1)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark VICTORY RED - Earlier international and national word marks Victory - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 331/36

Language of the case: English

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

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: Deichmann SE (Essen, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009-2) concerning opposition proceedings between Deichmann SE and Nike International Ltd.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Nike International Ltd to pay the costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 13/13

Judgment of the General Court of 22 November 2011 — mPAY24 v OHIM — Ultra (MPAY24)

(Case T-275/10) (1)

(Community trade mark - Invalidity proceedings - Community word mark MPAY24 - Absolute grounds for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Correction of the decision by the Board of Appeal - Non-existent act - Rule 53 of Regulation (EC) No 2868/95)

2012/C 13/26

Language of the case: English

Parties

Applicant: mPAY24 GmbH (Vienna, Austria) (represented by: H.-G. Zeiner and S. Di Natale, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ultra d.o.o. Proizvodnja elektronskih naprav (Zagorje ob Savi, Slovenia)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 March 2010 (Case R 1102/2008-1) concerning invalidity proceedings between Ultra d.o.o. Proizvodnja elektronskih naprav and mPAY24 GmbH.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2010 (Case R 1102/2008-1);

2. Orders OHIM to pay the costs.

(1) OJ C 234, 28.8.2010.
EN Official Journal of the European Union C 6/14

Judgment of the General Court of 15 November 2011 — Abbot Laboratories v OHIM (RESTORE)

(Case T-363/10) (1)

(Community trade mark - Application for the Community word mark RESTORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Infringement of the right to be heard - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009)

2012/C 6/24

Language of the case: German

Parties

Applicant: Abbott Laboratories (Abbot Park, Illinois, United States) (represented by: M. Kinkeldey, S. Schäffler and J. Springer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1560/2009-1), concerning an application for registration of the word mark RESTORE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Abbott Laboratories to pay the costs.

(1) OJ C 288, 23.10.2010
EN Official Journal of the European Union C 65/12

Judgment of the General Court of 19 January 2012 — Xeda International and Pace International v Commission

(Case T-71/10) (1)

(Plant protection products - Active substance diphenylamine - Non-inclusion in Annex I to Directive 91/414/EEC - Withdrawal of authorisations of plant protection products containing that substance - Action for annulment - Locus standi - Admissibility - Proportionality - Article 6(1) of Directive 91/414 - Rights of the defence - Article 3(2) of Regulation (EC) No 1095/2007)

2012/C 65/22

Language of the case: English

Parties

Applicants: Xeda International SA (Saint-Andiol (France) and Pace International LLC (Seattle, Washington, United States) (represented by: C. Mereu, K. Van Maldegem, lawyers, and P. Sellar, Solicitor)

Defendant: European Commission (represented by: D. Bianchi and L. Parpala, Agents, and assisted by J. Stuyck, lawyer)

Re:

Annulment of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79).

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Xeda International SA and Pace International LLC to bear their own costs and to pay those of the European Commission, including the costs relating to the proceedings for interim measures.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 32/23

Judgment of the General Court of 14 December 2011 — Kingdom of Spain v Commission

(Case T-106/10) (1)

(EAGGF - Guidance Section - Reduction of financial aid - Community initiative programme Leader+ - Article 4 of Regulation (EC) No 438/2001 - Proportionality)

2012/C 32/44

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)

Defendant: European Commission (represented by: G. von Rintelen and F. Jimeno Fernández, Agents)

Re:

Application for annulment of Commission Decision C(2009) 10136 of 18 December 2009 final applying financial corrections to the support from the Guidance Section of the EAGGF allocated to the Community initiative CCI 2000 ES.060.0.PC.003 (Spain — Leader + Aragon).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 126/15

Judgment of the General Court of 20 March 2012 — Kurrer and Others v Commission

(Joined Cases T-441/10 P to T-443/10 P) (1)

(Appeal - Civil service - Officials - Appointment - Classification in grade - Transitional rules for classification in grade on recruitment - Article 5(4) of Annex XIII to the Staff Regulations - Principle of equal treatment)

2012/C 126/30

Language of the case: French

Parties

Appellants: Christian Kurrer (Watermael-Boitsfort, Belgium) (Case T-441/10 P); Salvatore Magazzu (Brussels, Belgium) (Case T-442/10 P); and Stefano Sotgia (Dublin, Ireland) (Case T-443/10 P) (represented by: M. Velardo, lawyer)

Other parties to the proceedings: European Commission (represented by: J. Currall, acting as Agent); and Council of the European Union (represented by: B. Driessen and M. Simm, acting as Agents)

Re:

Three appeals brought against the judgments of the European Union Civil Service Tribunal (Second Chamber) of 8 July 2010 in Case F-126/06 Magazzu v Commission (not yet published in the ECR), Case F-130/06 Sotgia v Commission (not yet published in the ECR) and Case F-139/06 Kurrer v Commission (not yet published in the ECR) and seeking to have those judgments set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Mr Christian Kurrer, Mr Salvatore Magazzu and Mr Stefano Sotgia to bear their own costs and to pay those incurred by the European Commission in the present proceedings;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 328, 4.12.2010.