ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 92/26

Judgment of the Court of First Instance of 28 February 2008 — American Clothing Associates v OHIM (Representation of a maple leaf)

(Case T-215/06) (1)

(Community trade mark - Application for a figurative Community trade mark representing a maple leaf - Absolute ground for refusal - Service mark - Article 7(1)(h) of Regulation (EC) No 40/94 - Article 6ter of the Paris Convention - Matters of law brought before the departments of OHIM and before the Court)

(2008/C 92/53)

Language of the case: French

Parties

Applicant: American Clothing Associates SA (Evergem, Belgium) (represented by: P. Maeyaert and N. Clarembeaux, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 May 2006 (Case R 1463/2005-1) concerning the application for registration of a sign representing a maple leaf as a Community trade mark

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 4 May 2006 (Case R 1463/2005-1) in so far as it relates to the registration of the mark applied for in respect of the services in Class 40 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and corresponding to the following description: ‘Tailoring; taxidermy; bookbinding; dressing, processing and finishing of skins, leather, furs and textiles; photographic film development and photographic printing; woodworking; fruit pressing; grain milling; processing, tempering and finishing of metal surfaces’;

2. Dismisses the action as to the remainder;

3. Orders each of the parties to bear its own costs.

(1) OJ C 249, 14.10.2006.
EN Official Journal of the European Union C 22/44

Judgment of the Court of First Instance of 13 December 2007 — Xentral v OHIM — Pages jaunes (PAGESJAUNES.COM)

(Case T-134/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark PAGESJAUNES.COM - Earlier national figurative mark LES PAGES JAUNES - Domain name ‘pagesjaunes.com’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 22/82)

Language of the case: French

Parties

Applicant: Xentral LLC (Florida, United States) (represented by: A. Bertrand, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Pages jaunes SA (Sèvres, France) (represented by: C. Bertheux Scotte, B. Potot and B. Corne, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2006 (Case R 708/2005-1) in respect of opposition proceedings between Pages Jaunes SA and Xentral LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Xentral LLC to pay the costs.

(1) OJ C 165, 15.7.2006.
EN Official Journal of the European Union C 209/48

Judgment of the Court of First Instance of 9 July 2008 — Hartmann v OHIM (E)

(Case T-302/06) (1)

(Community trade mark - Application for the Community word mark ‘E’ - Absolute ground for refusal - Lack of distinctive character - Error of law - Lack of real assessment - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/83)

Language of the case: German

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: K. Gründig-Schnelle, lawyer)

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

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 805/2006-4) concerning an application for registration of the word mark ‘E’ as a Community trade mark.

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 2006 (Case R 805/2006-4).

2. Orders OHIM to pay its own costs as well as those of Paul Hartmann AG.

(1) OJ C 310, 16.12.2006
EN Official Journal of the European Union C 171/32

Judgment of the Court of First Instance of 22 May 2008 — Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)

(Case T-254/06) (1)

(Community trade mark - Application for Community word mark RadioCom - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 171/58)

Language of the case: German

Parties

Applicant: Radio Regenbogen Hörfunk in Baden Geschäftsfürhungs-GmbH (Mannheim, Germany) (represented by: W. Göpfert, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 July 2006 (Case R 1266/2005-1) concerning an application for registration of thee word mark RadioCom as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH to pay the costs.

(1) OJ C 261, 28.10.2006.
EN Official Journal of the European Union C 285/36

Order of the Court of First Instance of 17 September 2008 — Neurim Pharmaceuticals (1991) Ltd v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)

(Case T-218/06) (1)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark Neurim PHARMACEUTICALS - Earlier Community and national word marks EURIM-PHARM - Language of appeal proceedings - Time-limits - Admissibility of an appeal to the Board of Appeal - Principle of proportionality - Continuation of proceedings - Restitutio in integrum - Articles 59, 78 and 78a of Regulation (EC) No 40/94 - Rule 48(1)(c) and (2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95)

(2008/C 285/65)

Language of the case: German

Parties

Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel) (represented by: M. Kinkeldey, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Eurim-Pharm Arzneimittel GmbH (Piding, Germany) (represented by: T. Raab, lawyer)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 2 June 2006 (Case R 74/2006-1), concerning opposition proceedings between Eurim-Pharm Arzneimittel GmbH and Neurim Pharmaceuticals (1991) Ltd.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Neurim Pharmaceuticals (1991) Ltd to pay the costs.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 272/20

Judgment of the Court of First Instance of 10 September 2008 — Tsakiris-Mallas AE v OHIM — Late Editions (exē)

(Case T-96/06) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark exē - Earlier national word mark EXE - Relative ground for refusal - Likelihood of confusion - Similarity of goods and signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/36)

Language of the case: Greek

Parties

Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: C.Samaras, lawyer)

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: Late Editions Ltd (Leighton Buzzard, Bedfordshire, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2) concerning opposition proceedings between Late Editions Ltd and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Tsakiris-Mallas AE to pay the costs.

(1) OJ 2006 C 108.
EN Official Journal of the European Union C 19/25

Judgment of the Court of First Instance of 26 November 2008 — Rajani v OHIM — Artoz-Papier (ATOZ)

(Case T-100/06) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ATOZ - Earlier international word mark ARTOZ - No requirement to provide evidence of genuine use - Starting point for the five-year time-limit - Date of registration of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Obligation to state the reasons on which a measure is based - Articles 73 and 79 of Regulation (EC) No 40/94 and Article 6 of the ECHR)

(2009/C 19/45)

Language of the case: English

Parties

Applicant: Deepak Rajani (Berlin, Germany) (represented by: A. Dustmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Artoz-Papier AG (Lenzburg, Switzerland)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 January 2006 (Case R 1126/2004-2), concerning opposition proceedings between Artoz Papier AG and Deepak Rajani.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deepak Rajani to pay the costs.

(1) OJ C 235, 6.10.2007.
EN Official Journal of the European Union C 327/22

Judgment of the Court of First Instance of 5 November 2008 — Neoperl Servisys AG v OHIM (HONEYCOMB)

(Case T-256/06) (1)

(Community trade mark - Application for the Community word mark HONEYCOMB - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 327/39)

Language of the case: German

Parties

Applicant: Neoperl Servisys AG (Reinach, Switzerland) (represented by: H. Börjes-Pestalozza, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 July 2006 (Case R 1388/2005-4) concerning an application to register the word mark HONEYCOMB as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Neoperl Servisys AG to pay the costs.

(1) OJ C 261 of 28.10.2006.
EN Official Journal of the European Union C 113/32

Judgment of the Court of First Instance of 25 March 2009 — Alcoa Trasformazioni v Commission

(Case T-332/06) (1)

(State aid - Electricity - Preferential tariff - Decision initiating the procedure under Article 88(2) EC - Admissibility - Notion of State aid - New aid or existing aid - Advantage - Statement of reasons - Legitimate expectations - Legal certainty)

2009/C 113/65

Language of the case: English

Parties

Applicant: Alcoa Trasformazioni Srl (Portoscuso, Italy) (represented by: M. Siragusa, T. Müller-Ibold, F. Salerno and T. Graf, lawyers)

Defendant: Commission of the European Communities (represented by: N. Khan, E. Righini and C. Urraca Caviedes, acting as Agents)

Re:

Application for annulment of Commission Decision 2006/C 214/03, notified to the Italian Republic by letter of 19 July 2006, initiating the procedure laid down in Article 88(2) EC, concerning State aid C 36/06 (ex NN 38/06) — Preferential electricity tariff to energy intensive industries in Italy, in so far as that decision relates to the electricity tariffs applicable to the two primary aluminium plants owned by Alcoa Trasformazioni.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alcoa Trasformazioni Srl to bear its own costs and to pay those incurred by the Commission.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 44/43

Judgment of the Court of First Instance of 18 December 2008 — Torres v OHIM — Bodegas Cándido (TORRE DE FRIAS)

(Case T-285/06) (1)

(Community trade mark - Opposition procedure - Application for Community word mark TORRE DE FRIAS - Earlier national and international word marks TORRES and LAS TORRES - Relative ground for refusal - No likelihood of confusion)

(2009/C 44/73)

Language of the case: Spanish

Parties

Applicant: Miguel Torres, SA (Vilafranca del Penedés, Spain) (represented by: E. Armijo Chávarri, M. Baz de San Ceferino and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño and J. García Murillo, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Bodegas Cándido, SA (Burgos, Spain) (represented by: C. Hernández Hernández, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 July 2006 (Case R-1069/2004-2) relating to opposition proceedings between Miguel Torres, SA and Bodegas Cándido, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miguel Torres, SA to pay the costs.

(1) OJ C 310, 16.12.2006.
EN Official Journal of the European Union C 267/56

Judgment of the Court of First Instance of 16 September 2009 — Zero Industry v OHIM — zero Germany (zerorh+)

(Case T-400/06) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/95

Language of the case: English

Parties

Applicant: Zero Industry Srl (Mariano Comense, Italy) (represented by: M. Rapisardi and N. Colombo, 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, intervening before the Court of First Instance: zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG (Bremen, Germany) (represented by: W.-D. Kuntze, lawyer)

Re:

Action for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zero Industry Srl to pay the costs.

(1) OJ C 56, 10.3.2007.
EN Official Journal of the European Union C 193/17

Judgment of the Court of First Instance of 1 July 2009 — Regionalny Fundusz Gospodarczy v Commission

(Case T-288/06) (1)

(State aid - Scheme for restructuring aid granted by the Republic of Poland to a steel producer - Decision declaring the aid to be in part incompatible with the common market and ordering its recovery - Protocol No 8 on the restructuring of the Polish steel industry - Rate of interest to be applied for the repayment of incompatible aid - Duty to cooperate closely with the Member State - Articles 9(4) and 11(2) of Regulation (EC) No 794/2004)

2009/C 193/24

Language of the case: Polish

Parties

Applicant: Regionalny Fundusz Gospodarczy S.A. (formerly Huta Częstochowa S.A.) (Częstochowa, Poland) (represented by: C. Sadkowski and D. Sałajewski, lawyers)

Defendant: Commission of the European Communities (represented by: C. Giolito and A. Stobiecka-Kuik, Agents)

Re:

Partial annulment of Commission Decision 2006/937/EC of 5 July 2005 on State aid C 20/04 (ex NN 25/04) in favour of Huta Częstochowa S.A. (OJ 2006 L 366, p. 1) to the extent to which it declares some of that aid to be incompatible with the common market and orders the Republic of Poland to effect its recovery.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Regionalny Fundusz Gospodarczy S.A. to pay the costs.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 221/34

Judgment of the General Court of 7 July 2010 — Commission v Hellenic Ventures and Others

(Case T-44/06) (1)

(Arbitration clause - Action for the creation and development of seed-capital funds - Termination of the contract - Action against the members of a company - Inadmissibility - Reimbursement of advances - Interest)

2010/C 221/53

Language of the case: Greek

Parties

Applicant: European Commission (represented by: M. Patakia, acting as Agent, and S. Khatzigiannis, lawyer)

Defendants: Hellenic Ventures — Elliniki Etairia Epikheirimatikis Protovoulias AE (Athens, Greece); Konstantinos Katsigiannis (Athens); Panagiotis Khronopoulos (Athens); and Nikolaos Poulakos (Athens) (represented by: V. Khristianos and V. Vlassi, lawyers)

Re:

Action under Article 238 EC by which the Commission seeks an order that the defendants reimburse an advance paid under a contract entitled ‘Seed Fund 601’, concluded between the Commission and the defendant company

Operative part of the judgment

The Court:

1. Orders Hellenic Ventures — Elliniki Etairia Epikheirimatikis Protovoulias AE to pay the European Commission the sum of EUR 70 000, together with late-payment interest calculated at the Belgian statutory rate from 25 April 1999 until payment in full of the debt;

2. Dismisses the remainder of the action;

3. Orders Hellenic Ventures to pay the costs, with the exception of those incurred by Konstantinos Katsigiannis, Panagiotis Khronopoulos, and Nikolaos Poulakos;

4. Orders the Commission to pay the costs of Konstantinos Katsigiannis, Panagiotis Khronopoulos, and Nikolaos Poulakos.

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 100/37

Judgment of the General Court of 3 March 2010 — Bundesverband deutscher Banken v Commission

(Case T-36/06) (1)

(State aid - Transfer of public assets to Landesbank Hessen-Thüringen Girozentrale - Decision finding that the notified measure does not constitute aid - Private investor test - Obligation to state the reasons on which the decision is based - Serious difficulties)

2010/C 100/56

Language of the case: German

Parties

Applicant: Bundesverband deutscher Banken eV (Berlin, Germany) (represented by: H.-J. Niemeyer and K.-S. Scholz, lawyers)

Defendant: European Commission (represented by: N. Khan and T. Scharf, Agents)

Interveners in support of the defendant: Land Hessen (Germany) (represented initially by H.-J. Freund and M. Holzhäuser, and subsequently by H.-J. Freund and S. Lehr, lawyers); and Landesbank Hessen-Thüringen Girozentrale (Frankfurt am Main, Germany) (represented by H.-J. Freund, lawyer)

Re:

Application for annulment of Commission Decision C(2005) 3232 final of 6 September 2005 relating to the transfer of the Hessischer Investitionsfonds (Hessian Investment Fund) as a silent partnership contribution to Landesbank Hessen-Thüringen Girozentrale

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Bundesverband deutscher Banken eV to bear its own costs and to pay those of the European Commission, the Land Hessen and Landesbank Hessen-Thüringen Girozentrale.

(1) OJ C 96, 22.4.2006.
1.

Annuls Article 1 of Commission Decision C(2006) 4180 of 20 September 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F-1/38.121 — Fittings) in so far as it relates to the period from 30 July 1996 to 31 July 1997 as regards the participation of Kaimer GmbH & Co. Holding KG and Sanha Kaimer GmbH & Co. KG and the period from 1 January 1998 to 14 July 1999 as regards the participation of Sanha Italia Srl;
EN Official Journal of the European Union C 38/9

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

(Joined Cases T-231/06 and T-237/06) (1)

(State aid - Public service broadcasting - Measures taken by the Netherlands authorities - Decision declaring State aid compatible in part and incompatible in part with the common market - New aid or existing aid - Concept of State aid - Concept of undertaking - Overcompensation for the costs of the public service mission - Proportionality - Duty to give reasons - Rights of the defence)

2011/C 38/11

Language of the case: Dutch

Parties

Applicants: Kingdom of the Netherlands (represented by: H. Sevenster and M. de Grave, Agents) (Case T-231/06); and Nederlandse Omroep Stichting (NOS) (Hilversum, Netherlands) (represented by: J. Feenstra and H. Speyart van Woerden, lawyers)

Defendant: European Commission (represented by: N. Khan and H. van Vliet, Agents)

Re:

Applications for the annulment of Commission Decision 2008/136/EC of 22 June 2006 on the ad hoc financing of Dutch public service broadcasters C 2/2004 (ex NN 170/2003) (OJ 2008 L 49, p. 1)

Operative part of the judgment

The Court:

1. dismisses the actions;

2. orders the Kingdom of the Netherlands to pay the costs in Case T-231/06;

3. orders Nederlandse Omroep Stichting (NOS) to pay the costs in Case T-237/06.

(1) OJ C 261, of 28.10.2006.
EN Official Journal of the European Union C 340/15

Judgment of the General Court of 5 October 2011 — Transcatab v Commission

(Case T-39/06) (1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Attributability of the unlawful conduct - Fines - Proportionality - Gravity and duration of the infringement - Attenuating circumstances - Cooperation)

2011/C 340/29

Language of the case: Italian

Parties

Applicant: Transcatab SpA (Caserta, Italy) (represented by: C. Osti and A. Prastaro, lawyers)

Defendant: European Commission (represented initially by F. Amato, subsequently by V. Di Bucci, and lastly by É. Gippini Fournier and L. Malferrari, Agents, assisted by F. Ruggeri Laderchi, lawyer)

Re:

APPLICATION (i) for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy); (ii) for a reduction in the fine imposed on Transcatab by that decision; and (iii) by way of counterclaim by the Commission, for the amount of that fine to be increased.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the European Commission’s counterclaim;

3. Orders Transcatab to bear its own costs and to pay 90 % of the costs incurred by the Commission;

4. Orders the Commission to pay 10 % of its own costs.

(1) OJ C 86, 8.4.2006.
EN Official Journal of the European Union C 226/21

Judgment of the General Court of 16 June 2011 — FMC Foret v Commission

(Case T-191/06) (1)

(Competition - Agreements, decisions and concerted practices - Hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Duration of the infringement - Presumption of innocence - Rights of the defence - Fines - Attenuating circumstances)

2011/C 226/39

Language of the case: English

Parties

Applicant: FMC Foret, SA (Barcelona, Spain) (represented by: M. Seimetz, lawyer, and C. Stanbrook QC)

Defendant: European Commission (represented initially by F. Arbault, and subsequently by V. Di Bucci and V. Bottka, Agents, and by M. Gray, Barrister)

Re:

Application for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) and, in the alternative, a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FMC Foret SA to pay the costs.

(1) OJ C 212, 2.9.2006.