ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 13/25

Judgment of the General Court of 12 November 2010 — Deutsche Bahn v OHIM (Horizontal combination of the colours grey and red)

(Case T-404/09) (1)

(Community trade mark - Application for Community trade mark consisting in a horizontal combination of the colours grey and red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2011/C 13/48

Language of the case: German

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: U. Hildebrandt, K. Schmidt-Hern and B. Weichhaus, lawyers)

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 23 July 2009 (Case R 379/2009-1) concerning an application for registration of a colour sign, consisting in the combination of the colours grey and red, as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Deutsche Bahn AG to pay the costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 317/30

Judgment of the General Court of 7 October 2010 — Accenture Global Services v OHIM — Silver Creek Properties (ascensa)

(Case T-244/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark acsensa - Earlier Community and national word and figurative marks ACCENTURE and accenture - Relative ground for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009))

2010/C 317/55

Language of the case: English

Parties

Applicant: Accenture Global Services GmbH (Schaffhausen, Switzerland) (represented by: R. Niebel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Silver Creek Properties SA (Panama, Panama)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 March 2009 (Case R 802/2008-2), relating to opposition proceedings between Accenture Global Services GmbH and Silver Creek Properties SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Accenture Global Services GmbH to pay the costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 46/12

Judgment of the General Court of 16 December 2010 — Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA)

(Case T-281/09) (1)

(Community trade mark - Application for the Community word mark CHROMA - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2011/C 46/22

Language of the case: German

Parties

Applicant: Deutsche Steinzeug Cremer & Breuer AG (Frechen, Germany) (represented by: J. Albrecht, lawyer)

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

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1429/2008-4), relating to an application for registration as a Community trade mark of the word sign CHROMA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Steinzeug Cremer & Breuer AG to pay the costs.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 38/12

Judgment of the General Court of 15 December 2010 — Epcos v OHIM — Epco Sistemas (EPCOS)

(Case T-132/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark EPCOS - Earlier national figurative mark epco SISTEMAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009)

2011/C 38/18

Language of the case: German

Parties

Applicant: Epcos AG (Munich, Germany) (represented by: L. von Zumbusch and S. Schweyer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Epco Sistemas SL (Constanti, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 January 2009 (Case R 1088/2008-2) relating to opposition proceedings between Epco Sistemas SL and Epcos AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Epcos AG to pay the costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 145/26

Judgment of the General Court of 24 March 2011 — Cybergun v OHIM — Umarex Sportwaffen (AK 47)

(Case T-503/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009)

2011/C 145/44

Language of the case: French

Parties

Applicant: Cybergun SA (Bondoufle, France) (represented by: S. Guyot, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Umarex Sportwaffen GmbH & Co. KG (Arnsberg, Germany) (represented by: M.-H. Hoffmann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 645/2008-1) relating to invalidity proceedings between Umarex Sportwaffen GmbH & Co. KG and Cybergun SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cybergun SA to pay the costs.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 95/7

Judgment of the General Court of 15 February 2011 — Yorma's v OHIM — Norma Lebensmittelfilialbetrieb (YORMA’S)

(Case T-213/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark including the word element ‘yorma’s’ - Earlier Community word mark NORMA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 95/11

Language of the case: German

Parties

Applicant: Yorma’s AG (Deggendorf, Germany) (represented by: A. Weiß, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Norma Lebensmittelfilialbetrieb GmbH & Co. KG (Nuremberg, Germany) (represented by: A. von Welser, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 February 2009 (Case R 1879/2007-1), concerning opposition proceedings between Norma Lebensmittelfilialbetrieb GmbH & Co. KG and Yorma’s AG

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Yorma’s AG to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 186/23

Judgment of the General Court of 12 May 2011 — Commission v New Acoustic Music and Hildibrandsdottir

(Case T-464/09) (1)

(Arbitration clause - Contract for financial assistance concluded under the ‘Culture 2000’ Framework Programme - Implementation of the action entitled ‘European Music Roadwork’ - Non-performance of the contract - Repayment of part of the amounts advanced - Partial inadmissibility of the action - Procedure by default - Legal aid)

2011/C 186/42

Language of the case: English

Parties

Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and N. Bambara, Agents, assisted by C. Erkelens, lawyer)

Defendants: New Acoustic Music Association (Orpington, United Kingdom); and Anna Hildur Hildibrandsdottir (Orpington, United Kingdom)

Re:

Application by the Commission under an arbitration clause within the meaning of Article 238 EC, seeking an order that New Acoustic Music Association and Ms Hildibrandsdottir repay to it part of the amount of the advances paid, together with default interest, in performance of Contract No 2003-1895/001-001, to carry out the action entitled ‘CLT2003/A1/GB-317 — European Music Roadwork’, as part of the ‘Culture 2000’ Framework Programme established by Decision 508/2000/EC of the European Parliament and of the Council of 14 February 2000 (OJ 2000 L 63, p. 1).

Operative part of the judgment

The Court:

1. Declares that the action is inadmissible in so far as it is brought against New Acoustic Music Association;

2. Orders Ms Anna Hildur Hildibrandsdottir, as a member of the New Acoustic Music Association partnership, to repay to the European Commission the amount of EUR 31 136,23, together with interest at the rate of 7,70% per annum as of 14 January 2008 until the debt is fully discharged;

3. Orders Ms Hildibrandsdottir to pay the costs.

4. Ms Hildibrandsdottir’s application for legal aid is rejected.

(1) OJ C 51, 27.2.2010.
EN Official Journal of the European Union C 160/17

Judgment of the General Court of 13 April 2011 — Tubesca v OHIM — Tubos del Mediterráneo (T TUMESA TUBOS DEL MEDITERRANEO S.A.)

(Case T-98/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. - Earlier national word mark and international figurative mark TUBESCA - Relative ground of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 160/23

Language of the case: French

Parties

Applicant: Tubesca (Ailly-sur-Noye, France) (represented by: F. Greffe, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tubos del Mediterráneo S.A. (Sagunto, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2008 (Case R 518/2008-4) relating to opposition proceedings between Tubesca and Tubos del Mediterráneo S.A.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tubesca to pay the costs.

(1) OJ C 102, 1.5.2009.
EN Official Journal of the European Union C 232/24

Judgment of the General Court of 28 June 2011 — Oetker Nahrungsmittel v OHIM — Bonfait (Buonfatti)

(Case T-471/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ‘Buonfatti’ - Earlier Benelux word mark Bonfait - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 2007/2009)

2011/C 232/41

Language of the case: German

Parties

Applicant: Dr. Oetker Nahrungsmittel KG (Bielefeld, Germany) (represented by: F. Graf von Stosch, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bonfait BV (Denekamp, Netherlands)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 October 2009 (Case R 340/2007-4) relating to opposition proceedings between Bonfait BV and Dr. August Oetker Nahrungsmittel KG.

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) of 2 October 2009 (Case R 340/2007-4).

2. Orders OHIM to bear its own costs and to pay those incurred by Dr. Oetker Nahrungsmittel KG.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 219/14

Judgment of the General Court of 15 June 2011 — V v Commission

(Case T-510/09) (1)

(Appeal - Civil service - Recruitment - Refusal of appointment on grounds of failure to meet physical fitness requirements necessary for the performance of the functions - Duty on the Civil Service Tribunal to state reasons)

2011/C 219/18

Language of the case: French

Parties

Appellant: V (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Other party to the proceedings: European Commission (represented by: J. Curral and D. Martin, acting as Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 21 October 2009 in Case F-33/08 V v Commission ECR II-0000 seeking the annulment of that judgment.

Operative part of the judgment

The Court:

1. Annuls the judgment of the European Union Civil Service Tribunal of 21 October 2009 in Case F-33/08 V v Commission to the extent that the Civil Service Tribunal omitted to rule on a plea in law raised by Ms V at the hearing, alleging that the president of the medical committee was not enrolled in the Belgian Medical Association;

2. Dismisses the remainder of the appeal;

3. Dismisses the action brought by Ms V before the Civil Service Tribunal in Case F-33/08;

4. Orders Ms V to bear her own costs and those incurred by the European Commission at the present instance. Further orders the costs incurred at first instance, in the case which gave rise to the judgment in V v Commission, to be borne in accordance with the ruling given in paragraphs 2 and 3 of the operative part thereof.

(1) OJ C 161, 19.6.2010.
EN Official Journal of the European Union C 311/41

Judgment of the General Court of 9 September 2011 — Omnicare v OHIM — Astellas Pharma (OMNICARE)

(Case T-290/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE - Earlier national figurative mark OMNICARE - Likelihood of confusion - Similarity of the signs - Similarity of the services - Genuine use of the earlier mark)

2011/C 311/75

Language of the case: English

Parties

Applicant: Omnicare, Inc. (Covington, Kentucky, United States) (represented by: M. Edenborough QC)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Astellas Pharma GmbH (Munich, Germany) (represented by: C. Gutiérrez Martínez, H. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 402/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Omnicare, Inc. to pay the costs.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 269/47

Judgment of the General Court of 15 July 2011 — Ergo Versicherungsgruppe v OHIM — Société de développement et de recherche industrielle (ERGO)

(Case T-220/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ERGO - Earlier Community word mark URGO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 269/103

Language of the case: German

Parties

Applicant: Ergo Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A.W. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Société de développement et de recherche industrielle (Chenôve, France) (represented by: K. Dröge, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 515/2008-4) relating to opposition proceedings between Société de développement et de recherche industrielle and Ergo Versicherungsgruppe AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Versicherungsgruppe AG to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 355/16

Judgment of the General Court of 20 October 2011 — Poloplast v OHIM — Polypipe (P)

(Case T-189/09) (1)

(Community trade mark - Opposition proceedings - Application for Community trade mark P - Earlier figurative Community marks P and P POLYPIPE - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 355/27

Language of the case: German

Parties

Applicant: Poloplast GmbH & Co. KG (Leonding, Austria) (represented by: G. Bruckmüller, 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: Polypipe Ltd (Edlington, United Kingdom) (represented by: initially K.E. Gilbert and M.H. Blair, Solicitors, subsequently K.E. Gilbert, M.H. Blair and S.S. Malynicz, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 80/2008-2) relating to opposition proceedings between Polypipe Ltd and Poloplast GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Poloplast GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Polypipe Ltd for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 319/16

Judgment of the General Court (SecondChamber) of 20 September 2011 — Evropaïki Dynamiki v Commission

(Case T-298/09) (1)

(Public service contracts - Community tendering procedure - Supply of external services for educational programmes - Award of the contract to several tenderers - Tenderer’s ranking - Action for annulment - Obligation to state the reasons on which the decision is based - Grounds for exclusion from the contract award procedure - Article 93(1)(f) of the Financial Regulation - Tender validity period - Non-contractual liability)

2011/C 319/31

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission (represented by: N. Bambara and E. Manhaeve, Agents, assisted by P. Wytinck, lawyer)

Re:

APPLICATION, first, for annulment of two Commission decisions, communicated in two separate letters of 12 May 2009 ranking the applicant, for its tenders in response to the open call for tenders EAC/01/2008 for external service provision for educational programmes (ESP-ISEP) (OJ 2008/S 158-212752), for Lot No 1 (IS (information system) Development and Maintenance) and for Lot No 2 (IS (information system) Studies, Testing, Training and Support), as second contractor for each of those lots and, secondly, for damages

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 233, 26.9.2009.
EN Official Journal of the European Union C 49/23

Judgment of the General Court of 12 January 2012 — Storck v OHIM — RAI (Ragolizia)

(Case T-462/09) (1)

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

2012/C 49/40

Language of the case: German

Parties

Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, P. Goldenbaum and T. Melchert, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Radiotelevisione italiana SpA (RAI) (Rome, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2009 (Case R 1779/2008-4) concerning opposition proceedings between Radiotelevisione italiana SpA (RAI) and August Storck KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders August Storck KG to pay the costs.

(1) OJ C 11, 16.1.2010.
Official Journal of the European Union

Judgment of the General Court of 30 November 2011 Sniace v Commission

(Case T-238/09) (1)

(State aid - Agreements relating to debt rescheduling - Decision declaring an aid to be incompatible with the common market - Obligation to give reasons)

(2012/C 25/92)

Language of the case: Spanish

Parties

Applicant: Sniace (Madrid, Spain) (represented by: F.J. Moncholí Fernández and S. Ratting, lawyers)

Defendant: European Commission (represented by: C. Urraca Caviedes, acting as Agent)

Re:

Annulment of Commission Decision 2009/612/CE of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC (OJ 2009 L 210, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sniace SA to bear its own costs and, in addition, to pay the European Commission's costs, including those incurred in the application for interim measures.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 138/15

Judgment of the General Court of 29 March 2012 — Poslovni Sistem Mercator v OHIM — Mercator Multihull (MERCATOR STUDIOS)

(Case T-417/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MERCATOR STUDIOS - Earlier national and international figurative marks Mercator and Mercator Slovenska košarica - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - No injury to reputation - Article 8(5) of Regulation No 207/2009)

2012/C 138/27

Language of the case: English

Parties

Applicant: Poslovni Sistem Mercator d.d. (Ljubljana, Slovenia) (represented by: J. Güell Serra and M. Curell Aguilà, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Mercator Multihull, Inc. (Vancouver, Canada)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1031/2008-1), concerning opposition proceedings between Poslovni Sistem Mercator d.d. and Mercator Multihull, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Poslovni Sistem Mercator d.d. to pay the costs.

(1) OJ C 297, 5.12.2009.