ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 48/46

Judgment of the General Court of 16 December 2015 — Perfetti Van Melle Benelux v OHIM — Intercontinental Great Brands (TRIDENT PURE)

(Case T-491/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark TRIDENT PURE - Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 048/51)

Language of the case: English

Parties

Applicant: Perfetti Van Melle Benelux BV (Breda, Netherlands) (represented by: P. Perani, G. Ghisletti and F. Braga, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Intercontinental Great Brands LLC (East Hanover, New Jersey, United States) (represented by: M. Haak, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2013 (Case R 706/2012-4) concerning opposition proceedings between Perfetti Van Melle Benelux BV and Kraft Foods Global Brands LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Perfetti Van Melle Benelux BV to pay the costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 270/37

Judgment of the General Court of 9 June 2016 — Magic Mountain Kletterhallen and Others v Commission

(Case T-162/13) (1)

((State aid - Aid for the construction and operation of climbing centres of Deutscher Alpenverein eV - Decision declaring the aid compatible with the internal market - Aid scheme - More detailed economic analysis - Market failure - Legitimate objective in the public interest - Article 108(2) and (3) TFEU - Serious difficulties))

(2016/C 270/40)

Language of the case: German

Parties

Applicants: Magic Mountain Kletterhallen GmbH (Berlin, Germany), Kletterhallenverband Klever eV (Leipzig, Germany), Neoliet Beheer BV (Son, Netherlands), and Pedriza BV (Haarlem, Netherlands) (represented by: initially M. von Oppen, A. Gerdung and R. Dreblow, then M. von Oppen, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents)

Interveners in support of the defendants: Deutscher Alpenverein eV (Munich, Germany), and Deutscher Alpenverein, Sektion Berlin eV (Berlin, Germany) (represented by: R. Geulen, lawyer)

Re:

Application on the basis of Article 263 TFEU and seeking the annulment of Commission Decision C(2012) 8761 of 5 December 2012 on State aid SA.33952 (2012/NN) — Germany — Climbing centres of Deutscher Alpenverein.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Magic Mountain Kletterhallen GmbH, Kletterhallenverband Klever eV, Neoliet Beheer BV and Pedriza BV jointly and severally to bear the costs incurred by the European Commission and their own costs;

3. Orders Deutscher Alpenverein eV and Deutscher Alpenverein, Sektion Berlin eV to bear their own costs.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 118/23

Judgment of the General Court of 26 February 2016 — Šumelj and Others v Commission

(Joined Cases T/546/13, T-108/14 and T-109/14) (1)

((Non-contractual liability - Accession of Croatia to the European Union - Repeal before accession of national legislation providing for the creation of the profession of public enforcement officer - Harm suffered by the persons previously appointed as public enforcement officers - Failure by the Commission to adopt measures ensuring compliance with the accession commitments - Sufficiently serious breach of a rule of law conferring rights on individuals - Article 36 of the Act of Accession))

(2016/C 118/23)

Language of the case: Croatian

Parties

Applicants: Ante Šumelj (Zagreb, Croatia), Dubravka Bašljan (Zagreb), Đurđica Crnčević (Sv. Ivan Zeline, Croatia), Miroslav Lovreković (Križevaci, Croatia) (Case T-546/13); Drago Burazer (Zagreb), Nikolina Nežić (Zagreb), Blaženka Bošnjak (Sv. Ivan Zeline), Bosiljka Grbašić (Križevaci), Tea Tončić (Pula, Croatia), Milica Bjelić (Dubrovnik, Croatia), Marijana Kruhoberec (Varaždin, Croatia) (Case T-108/14); Davor Škugor (Sisak, Croatia), Ivan Gerometa (Vrsar, Croatia), Kristina Samardžić (Split, Croatia), Sandra Cindrić (Karlovac, Croatia), Sunčica Gložinić (Varaždin), Tomislav Polić (Kaštel Novi, Croatia) and Vlatka Pižeta (Varaždin) (Case T-109/14) (represented by: M. Krmek, lawyer)

Defendant: European Commission (represented by: K. Ćutuk and G. Wils and, in Cases T-546/13 and T-108/14, S. Ječmenica, acting as Agents)

Re:

Action for damages seeking compensation for damage allegedly suffered by the applicants following the failure by the Commission to take measures to ensure the Republic of Croatia’s compliance with its accession commitments.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Mr Ante Šumelj and the other applicants named in the annex to pay the costs.

(1) OJ C 367, 14.12.2013.
EN Official Journal of the European Union C 402/27

Judgment of the General Court of 15 September 2016 — Marchi Industriale v ECHA

(Case T-620/13) (1)

((REACH - Fee for registration of a substance - Reduction granted to micro-, small and medium-sized enterprises - Error in declaration relating to the size of the enterprise - Recommendation 2003/361/EC - Decision imposing an administrative charge - Determination of the size of the undertaking - Power of the ECHA - Obligation to state reasons))

(2016/C 402/28)

Language of the case: Italian

Parties

Applicant: Marchi Industriale SpA (Florence, Italy) (represented by: M. Baldassarri and F. Donati, lawyers)

Defendant: European Chemicals Agency (represented initially by M. Heikkilä, A. Iber, E. Bigi, J.-P. Trnka and E. Maurage, and subsequently by M. Heikkilä, E. Bigi, J.-P. Trnka and E. Maurage, Agents, and by C. Garcia Molyneux, lawyer)

Re:

Application, first, under Article 263 TFEU, for annulment of Decision SME(2013) 3747 of the ECHA of 19 September 2013, which states that the applicant does not fulfil the conditions to receive a reduction of the fee for medium-sized enterprises and imposing an administrative charge on it and, second, under Article 263 TFEU for annulment of the invoices issued by the ECHA following adoption of Decision SME(2013) 3747.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marchi Industriale SpA to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 326/21

Judgment of the General Court of 20 July 2016 — Oikonomopoulos v Commission

(Case T-483/13) (1)

((Non-contractual liability - Damage caused by the Commission in the context of an OLAF investigation and by OLAF - Actions for damages - Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities - Admissibility - Misuse of powers - Processing of personal data - Rights of the defence))

(2016/C 326/38)

Language of the case: English

Parties

Applicant: Athanassios Oikonomopoulos (Athens, Greece) (represented initially by N. Korogiannakis and I. Zarzoura, lawyers, and subsequently by G. Georgios, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and A. Sauka, acting as Agents)

Re:

Application, first, for compensation for the damage caused by the Commission and by the European Anti-Fraud Office (OLAF) and, secondly, that certain measures taken by OLAF be declared legally void and inadmissible for evidentiary purposes before the national authorities.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Athanassios Oikonomopoulos to pay the costs, including those incurred in the proceedings for interim relief.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 121/20

Judgment of the General Court of 7 March 2017 — United Parcel Service v Commission

(Case T-194/13) (1)

((Competition - Mergers - Regulation (EC) No 139/2004 - International express small package delivery services in the EEA - Acquisition of TNT Express by UPS - Decision declaring the merger incompatible with the internal market - Likely effects on prices - Econometric analysis - Rights of defence))

(2017/C 121/28)

Language of the case: English

Parties

Applicant: United Parcel Service, Inc. (Atlanta, Georgia, United States) (represented initially by A. Ryan, B. Graham, Solicitors, W. Knibbeler and P. Stamou, lawyers, and then by A. Ryan, W. Knibbeler, P. Stamou, A. Pliego Selie, F. Hoseinian and P. van den Berg, lawyers)

Defendant: European Commission (represented initially by T. Christoforou, N. Khan, A. Biolan, N. von Lingen and H. Leupold, and subsequently by T. Christoforou, N. Khan, A. Biolan and H. Leupold, acting as Agents)

Intervener in support of the defendant: FedEx Corp. (Memphis, Tennessee, United States) (represented initially by F. Carlin, Barrister, G. Bushell, Solicitor, and Q. Azau, lawyer, then by F. Carlin, G. Bushell and N. Niejahr, lawyer)

Re:

Application pursuant to Article 263 TFEU for annulment of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express);

2. Orders the European Commission to bear its own costs and to pay those incurred by United Parcel Service, Inc.;

3. Orders FedEx Corp. to bear its own costs.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 89/23

Judgment of the General Court of 29 January 2015 — Blackrock v OHIM (INVESTING FOR A NEW WORLD)

(Case T-59/14) (1)

((Community trade mark - Application for the Community word mark INVESTING FOR A NEW WORLD - Mark consisting of an advertising slogan - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 089/27)

Language of the case: English

Parties

Applicant: Blackrock, Inc. (Wilmington, Delaware, United States) (represented by: S. Malynicz, Barrister, and K. Gilbert and M. Blair, Solicitors)

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 First Board of Appeal of OHIM of 31 October 2013 (Case R 573/2013-1), concerning an application for registration of the word sign INVESTING FOR A NEW WORLD as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 129, 28.4.2014.
EN Official Journal of the European Union C 213/35

Judgment of the General Court of 13 May 2015 — Deutsche Post v OHIM — PostNL Holding (TPG POST)

(Case T-102/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark TPG POST - Earlier national and Community word marks POST and Deutsche Post - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 213/58)

Language of the case: German

Parties

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

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

Other party to the proceedings before the Board of Appeal of OHIM: PostNL Holding BV (The Hague, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 December 2013 (Case R 2108/2012-1), relating to opposition proceedings between PostNL Holding BV and Deutsche Post AG.

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders Deutsche Post AG to pay the costs.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 118/28

Judgment of the General Court of 25 February 2015 — Walton v Commission

(Case T-261/14 P) (1)

((Appeal - Civil Service - Temporary staff - Action at first instance dismissed as manifestly inadmissible - Resignation from a post as a member of the temporary staff - Amount of the debt owed by applicant to the Commission following his resignation - Authority of res judicata - Decisions which have become final in the absence of legal action))

(2015/C 118/37)

Language of the case: French

Parties

Appellant: Robert Walton (Oxford, United Kingdom) (represented by: F. Moyse, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and A.-C. Simon, Agents)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Third Chamber) of 27 February 2014 in Walton v Commission (F-32/13, ECR-SC, EU:F:2014:37), and seeking that that order be set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Declares that Mr Robert Walton is to bear his own costs and orders him to pay those incurred by the European Commission in connection with the present proceedings.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 262/26

Judgment of the General Court of 24 June 2015 — Infocit v OHIM — DIN (DINKOOL)

(Case T-621/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark DINKOOL - Earlier international figurative mark DIN - Earlier national business identifier DIN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 262/35)

Language of the case: English

Parties

Applicant: Infocit — Prestação de Serviços, Comércio Geral e Indústria (Luanda, Angola) (represented by: A. Oliveira, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: DIN — Deutsches Institut für Normung eV (Berlin, Germany) (represented by M. Bagh, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 June 2014 (Case R 1312/2013-2) concerning opposition proceedings between DIN — Deutsches Institut für Normung eV and Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda, to bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders DIN — Deutsches Institut für Normung eV to bear its own costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 236/40

Judgment of the General Court of 3 June 2015 — Lithomex v OHIM — Glaubrecht Stingel (LITHOFIX)

(Case T-273/14) (1)

((Community trade mark - Invalidity proceedings - Community word mark LITHOFIX - Earlier national and international word marks LITHOFIN - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Similarity of goods - No obligation for an examination to be carried out in relation to all the goods covered by the earlier mark - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2015/C 236/54)

Language of the case: English

Parties

Applicant: Lithomex ApS (Langeskov, Denmark) (represented by: L. Ullmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Glaubrecht Stingel GmbH & Co. KG (Wendlingen, Germany) (represented by: T. Krüger, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 February 2014 (Case R 2280/2012-5), relating to invalidity proceedings between Glaubrecht Stingel GmbH & Co. KG and Lithomex ApS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lithomex ApS to pay the costs.

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 354/38

Judgment of the General Court of 10 September 2015 — Laverana v OHIM (ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION)

(Case T-609/14) (1)

((Community trade mark - Application for Community figurative mark ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 354/45)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by: J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 June 2014 (Case R 123/2014-4) concerning an application for registration of the figurative sign ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laverana GmbH & Co. KG to bear the costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 346/26

Judgment of the General Court of 3 September 2015 — iNET24 Holding v OHIM (IDIRECT24)

(Case T-225/14) (1)

((Community trade mark - International registration designating the European Community - Word mark IDIRECT24 - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 346/30)

Language of the case: German

Parties

Applicant: iNET24 Holding AG (Feusisberg, Switzerland) (represented by: S. Kirschstein-Freund, B. Breitinger and V. Dalichau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (trade marks and designs) (represented by: initially by A. Pohlmann and S. Hanne, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 February 2014 (Case R 1867/2013-5), concerning the international registration designating the European Community of word mark IDIRECT24.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders iNET24 Holding AG to pay the costs.

(1) OJ C 184, 16.6.2014.
EN Official Journal of the European Union C 389/49

Judgment of the General Court of 25 September 2015 — August Storck v OHIM — (2good)

(Case T-366/14) (1)

((Community trade mark - Application for Community word mark 2good - Mark consisting of an advertising slogan - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/54)

Language of the case: English

Parties

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

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 February 2014 (Case R 996/2013-1), concerning an application for registration of the word sign 2good as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders August Storck KG to pay the costs.

(1) OJ C 253, 4.8.2014.
EN Official Journal of the European Union C 363/37

Judgment of the General Court of 16 September 2015 — EMA v Drakeford

(Case T-231/14 P) (1)

((Appeal - Civil service - Temporary staff - Fixed-term contract - Non-renewal decision - Article 8, first paragraph, of the CEOS - Reclassification of a fixed-term contract as a contract of indefinite duration - Unlimited jurisdiction))

(2015/C 363/45)

Language of the case: French

Parties

Appellant: European Medicines Agency (EMA) (represented by: T. Jabłoński and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A Duron, lawyers)

Other party to the proceedings: David Drakeford (Dublin, Ireland) (represented by: S. Orlandi and T. Martin, lawyers)

Interveners in support of the applicant: European Commission (represented by: J. Currall and G. Gattinara, acting as Agents); European Chemicals Agency (ECHA) (represented by: M. Heikkilä and E. Maurage, acting as Agents); European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) (represented by: H. Caniard and V. Peres de Almeida, acting as Agents); European Food Safety Authority (EFSA) (represented by: D. Detken, S. Gabbi and C. Pintado, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: J. Mannheim and A. Daume, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third chamber) of 5 February 2014 in Drakeford v EMA (F-29/13, ECR SC, EU:F:2014:10) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Third chamber) of 5 February 2014 in Drakeford v EMA (F-29/13, ECR SC, EU:F:2014:10) in so far as the Civil Service Tribunal exercised its unlimited jurisdiction in relation to financial matters for the time after the order was made;

2. Dismisses the appeal as to the remainder;

3. Refers the case back to the Civil Service Tribunal.

4. Reserves the costs for Mr David Drakeford and for the European Medicines Agency (EMA);

5. The European Commission, the European Chemicals Agency (ECHA), the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), the European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC) are ordered to bear their own costs relating to the proceedings at first instance.

(1) OJ C 202, 30.06.2014.
EN Official Journal of the European Union C 398/44

Judgment of the General Court of 13 October 2015 — Commission v Verile and Gjergji

(Case T-104/14 P) (1)

((Appeal - Cross appeal - Civil Service - Officials - Pensions - Transfer of national pension rights - Proposals concerning additional pensionable years - Measure not having an adverse effect - Inadmissibility of the action at first instance - Article 11(2) of Annex VIII to the Staff Regulations - Legal certainty - Legitimate expectation - Equal treatment))

(2015/C 398/55)

Language of the case: French

Parties

Appellant: European Commission (represented by: J. Currall, G. Gattinara and D. Martin, acting as Agents)

Other parties to the proceedings: Marco Verile (Cadrezzate, Italy) and Anduela Gjergji (Brussels, Belgium) (represented initially by: D. de Abreu Caldas, J.-N. Louis and M. de Abreu Caldas, and subsequently by: J.-N. Louis and N. de Montigny, lawyers)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Full Court) of 11 December 2013, Verile and Gjergji v Commission (F-130/11, ECR, EU:F:2013:195), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Full Court) of 11 December 2013 in Verile and Gjergji v Commission (F-130/11);

2. Dismisses the action brought by Mr. Marco Verile and Ms Anduela Gjergji before the Civil Service Tribunal in Case F-130/11;

3. Orders Mr. Verile, Ms. Gjergji and the European Commission each to pay their own costs.

(1) OJ C 151, 19.5.2014.