ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 269/15

Judgment of the General Court of 27 June 2017 — Ruiz Molina v EUIPO

(Case T-233/16) (1)

((Appeal - Civil Service - Members of the temporary staff - Fixed-term contract with a termination clause ending the contract if the staff member’s name is not included on the reserve list of the next open competition - Termination of the contract by application of the termination clause - Reclassification of a fixed-term contract as a contract of unlimited duration - Res judicata - Clause 5(1) of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP - Obligation to state reasons))

(2017/C 269/20)

Language of the case: French

Parties

Appellant: José Luis Ruiz Molina (San Juan de Alicante, Spain) (represented by: N. Lhoëst and S. Michiels, lawyers)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 2 March 2016, Ruiz Molina v OHMI (F 60/15, EU:F:2016:28) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr José Luis Ruiz Molina to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) in the appeal.

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 249/26

Judgment of the General Court of 7 June 2017 — Mediterranean Premium Spirits v EUIPO — G-Star Raw (GINRAW)

(Case T-258/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark GINRAW - Earlier EU word marks RAW - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Evidence submitted for the first time before the General Court - Obligation to state reasons))

(2017/C 249/39)

Language of the case: English

Parties

Applicant: Mediterranean Premium Spirits, SL (Barcelona, Spain) (represented by: J.A. Mora Granell and J. Romaní Lluch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and K. Sidat Humphreys, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: G-Star Raw CV (Amsterdam, Netherlands) (represented by: L. Dijkman and J. van Manen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 March 2016 (Case R 1583/2015-4), relating to opposition proceedings between G-Star Raw and Mediterranean Premium Spirits.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mediterranean Premium Spirits, SL to bear its own costs and to pay those incurred by EUIPO and G-Star Raw CV.

(1) OJ C 251, 11.7.2016.
EN Official Journal of the European Union C 283/43

Judgment of the General Court of 13 July 2017 — AIA v EUIPO — Casa Montorsi (MONTORSI F. & F.)

(Case T-389/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark MONTORSI F. & F. - Earlier national word mark Casa Montorsi - Relative ground for invalidity - Likelihood of confusion - Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 - Agreement for coexistence of the marks - Scope - Article 53(3) of Regulation No 207/2009))

(2017/C 283/65)

Language of the case: Italian

Parties

Applicant: Agricola italiana alimentare SpA (AIA) (San Martino Buon Albergo, Italy) (represented by: S. Rizzo, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Casa Montorsi Srl (Vignola, Italy) (represented by: S. Verea, K. Muraro and M. Balestriero, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 April 2016 (Case R 1239/2014-1) concerning invalidity proceedings between Casa Montorsi and AIA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agricola italiana alimentare (AIA) to pay the costs.

(1) OJ C 335, 12.9.2016.
EN Official Journal of the European Union C 277/44

Judgment of the General Court of 28 June 2017 — Colgate-Palmolive v EUIPO (AROMASENSATIONS)

(Case T-479/16) (1)

((EU trade mark - Application for EU figurative mark AROMASENSATIONS - Absolute ground for refusal - No distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009))

(2017/C 277/65)

Language of the case: English

Parties

Applicant: Colgate-Palmolive Co. (New York, New York, United States) (represented by: M. Zintler and A. Stolz, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and M. Simandlova, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2016 (Case R 2482/2015-2), concerning an application for registration of the figurative sign AROMASENSATIONS as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Colgate-Palmolive Co. to pay the costs.

(1) OJ C 383, 17.10.2016.
EN Official Journal of the European Union C 369/11

Judgment of the General Court of 14 September 2017 — Aldi Einkauf v EUIPO — Weetabix (Alpenschmaus)

(Case T-103/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Alpenschmaus - Earlier EU word mark ALPEN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 369/15)

Language of the case: German

Parties

Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)

Defendant: European Union Intellectual Property Office (represented by: initially E. Strittmatter and A. Folliard-Monguiral, and subsequently A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Weetabix Ltd (Kettering, United Kingdom) (represented by: M. Finger and T. Farkas, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 2725/2014-4) relating to opposition proceedings between Weetabix and Aldi Einkauf.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aldi Einkauf GmbH & Co. OHG to pay the costs relating to the present proceedings.

(1) OJ C 156, 2.5.2016.
EN Official Journal of the European Union C 283/39

Judgment of the General Court of 13 July 2017 — Ecolab USA v EUIPO (ECOLAB)

(Case T-150/16) (1)

((EU trade mark - International registration designating the European Union - Word mark ECOLAB - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Equal treatment - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2017/C 283/59)

Language of the case: English

Parties

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

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and K. Doherty, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 January 2016 (Case R 644/2015-4) relating to the international registration designating the European Union in respect of the word mark ECOLAB.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 211, 13.6.2016.
EN Official Journal of the European Union C 382/44

Judgment of the General Court of 26 September 2017 — La Rocca v EUIPO (Take your time Pay After)

(Case T-755/16) (1)

((European Union trade mark - Application for figurative EU trade mark Take your time Pay After - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - First sentence of Article 75 of Regulation No 207/2009))

(2017/C 382/54)

Language of the case: Italian

Parties

Applicant: Alessandro La Rocca (Anzio, Italy) (represented by: A. Perani and J. Graffer, lawyers)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 4 August 2016 (Case R 406/2016-1) concerning an application for registration of the figurative sign Take your time Pay After as EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Alessandro La Rocca to pay the costs.

(1) OJ C 475, 19.12.2016.
EN Official Journal of the European Union C 369/13

Judgment of the General Court of 15 September 2017 — Lidl Stiftung v EUIPO — Primark Holdings (LOVE TO LOUNGE)

(Case T-305/16) (1)

((EU trade mark - Invalidity proceedings - EU word mark LOVE TO LOUNGE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Descriptiveness - Article 7(1)(c) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Examination of the facts by EUIPO of its own motion - Article 76 of Regulation No 207/2009))

(2017/C 369/17)

Language of the case: English

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Kefferpütz and A. Berger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Primark Holdings (Dublin, Ireland) (represented by: B. Brandreth, Barrister, and G. Hussey, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 9 March 2016 (Case R 489/2015-2), relating to invalidity proceedings between Lidl Stiftung and Primark Holdings.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lidl Stiftung & Co. KG to pay the costs.

(1) OJ C 287, 8.8.2016.
EN Official Journal of the European Union C 402/30

Judgment of the General Court of 13 October 2017 — Sensi Vigne & Vini v EUIPO — El Grifo (CONTADO DEL GRIFO)

(Case T-434/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark CONTADO DEL GRIFO - Earlier EU figurative mark EL GRIFO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2017/C 402/38)

Language of the case: Italian

Parties

Applicant: Sensi Vigne & Vini Srl (Lamporecchio, Italy) (represented by: initially by F. Caricato, and subsequently by M. Cartella and B. Cartella, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: El Grifo, SA (San Bartolomé, Lanzarote, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2016 (Case R 2218/2015-2), relating to opposition proceedings between El Grifo and Sensi Vigne & Vini.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sensi Vigne & Vini Srl to pay the costs.

(1) OJ C 350, 26.9.2016.
EN Official Journal of the European Union C 392/22

Judgment of the General Court of 4 October 2017 — Intesa Sanpaolo v EUIPO — Intesia Group Holding (INTESA)

(Case T-143/16) (1)

((EU trade mark - Revocation proceedings - EU word mark INTESA - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 - No genuine use of the trade mark))

(2017/C 392/27)

Language of the case: English

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and G. Ghisletti, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Intesia Group Holding GmbH (Böblingen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 21 January 2016 (Case R 632/2015-1), relating to revocation proceedings between Intesa Sanpaolo and Intesia Group Holding.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Intesa Sanpaolo SpA to bear its own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Intesia Group Holding GmbH.

(1) OJ C 191, 30.5.2016.
EN Official Journal of the European Union C 424/32

Judgment of the General Court of 25 October 2017 — Lucaccioni v Commission

(Case T-551/16) (1)

((Civil Service - Officials - Exposure to asbestos and other substances - Industrial disease - Article 73 of the Staff Regulations - Common rules on the insurance against the risk of accident and of occupational disease - Article 14 - Article 266 TFEU - Misuse of power - Medical Committee - Collegiate principle - Breach of the Medical Committee’s mandate - Obligation to state reasons - Action for compensation - Length of the proceedings - Non-pecuniary harm))

(2017/C 424/46)

Language of the case: Italian

Parties

Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented initially by: M Velardo, and subsequently by: L. Gialluca, lawyers)

Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Action brought on the basis of Article 270 TFEU seeking, firstly, the annulment of the Commission’s decision of 26 June 2014 to grant the applicant only an increase of 20 % of the allowance referred to in Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease following the applicant’s request of 7 June 2000 and, secondly, compensation for the non-pecuniary harm which the applicant has allegedly suffered.

Operative part of the judgment

The Court:

1. Annuls the European Commission’s decision of 26 June 2014, granting Mr Arnaldo Lucaccioni an increase of 20 % of the allowance under Article 14 of the Common rules on the insurance of officials of the European [Union] against the risk of accident and of occupational disease;

2. Orders the Commission to pay Mr Lucaccioni compensation of EUR 5 000 in respect of the non-pecuniary harm caused;

3. Dismisses the remainder of the action;

4. Orders the Commission to pay the costs.

(1) OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal under number F-74/15 and transferred to the General Court of the European Union on 1.9.2016).
Case T-686/16 P: Judgment of the General Court of 19 October 2017 — Possanzini v Frontex (Appeal — Civil service — Temporary staff — 2009 appraisal procedure — Powers of the countersigning officer — Amendment of the reporting officer’s primary assessment by the countersigning officer — Preliminary consultation meeting between the countersigning officer and the reporting officer — Infringement of substantial procedural requirements — Examination of the Court’s own motion)

Judgment of the General Court of 19 October 2017 — Possanzini v Frontex

(Case T-686/16 P) ( 1 )

‛(Appeal — Civil service — Temporary staff — 2009 appraisal procedure — Powers of the countersigning officer — Amendment of the reporting officer’s primary assessment by the countersigning officer — Preliminary consultation meeting between the countersigning officer and the reporting officer — Infringement of substantial procedural requirements — Examination of the Court’s own motion)’

Parties

Appellant: Daniele Possanzini (Pisa, Italy) (represented by: S. Pappas, lawyer)

Other party to the proceedings: European Border and Coast Guard Agency (Frontex) (represented by: H. Caniard and S. Drew, acting as Agents, and D. Waelbrock and A. Duron, lawyers)

Re:

Appeal brought against the order of the Civil Service Tribunal of the European Union (First Chamber) of 18 July 2016, Possanzini v Commission (F-68/15, EU:F:2016:150), seeking to have that order set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Daniele Possanzini to bear his own costs and to pay those of the European Border and Coast Guard Agency (Frontex) in the present proceedings.

( 1 ) OJ C 428, 21.11.2016.
EN Official Journal of the European Union C 5/33

Judgment of the General Court of 16 November 2017 — Carrera Brands v EUIPO — Autec (Carrera)

(Case T-419/16) (1)

((EU trade mark - Revocation proceedings - EU word mark Carrera - Article 56(1)(a) of Regulation (EC) No 207/2009 (now Article 63(1)(a) of Regulation (EU) 2017/1001) - Admissibility of the application for revocation - Non-challenge agreement - Decisions of the national courts - Abuse of rights - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1)(a) of Delegated Regulation (EU) 2017/1430) - Application for suspension of the proceedings before EUIPO))

(2018/C 005/43)

Language of the case: German

Parties

Applicant: Carrera Brands Ltd (Hong Kong, China) (represented by: C. Markowsky, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Schifko, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Autec AG (Nuremberg, Germany) (represented by: C. Früchtl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 June 2016 (Case R 278/2015-4), relating to revocation proceedings between Autec and Carrera Brands.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Carrera Brands Ltd to pay the costs.

(1) OJ C 343, 19.9.2016.
EN Official Journal of the European Union C 5/34

Judgment of the General Court of 16 November 2017 — Acquafarm v Commission

(Case T-458/16) (1)

((Non-contractual liability - Fisheries - Operational programme financed by the European Union - EU rules prohibiting imports of crustaceans from Australia - Sufficiently serious breach of a rule of law conferring rights on individuals - Omission to act - Legitimate expectations))

(2018/C 005/45)

Language of the case: Spanish

Parties

Applicant: Acquafarm, SL (Huelva, Spain) (represented by: A. Pérez Moreno, lawyer)

Defendant: European Commission (represented by: P. Arenas, I. Galindo Martín and F. Moro, Agents)

Re:

Action under Article 268 TFEU claiming compensation for the injury allegedly suffered by the applicant as a result of the impossibility of completing an aquaculture project involving crustaceans from Australia and co-financed on the basis of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (OJ 2006 L 223, p. 1) by reason of the ban on importing those crustaceans in accordance with the provisions of Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species (OJ 2008 L 337, p. 41).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Acquafarm, SL to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 419, 14.11.2016.
EN Official Journal of the European Union C 32/22

Judgment of the General Court of 7 December 2017 — Coca-Cola v EUIPO — Mitico (Master)

(Case T-61/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark Master - Earlier European Union figurative marks Coca-Cola and earlier national figurative mark C - Relative ground for refusal - Unfair advantage taken of the reputation of earlier marks - Evidence relating to the commercial use, outside the European Union, of a sign comprising the mark applied for - Logical inferences - Decision taken following the annulment by the General Court of an earlier decision - Article 8(5) and Article 65(6) of Regulation (EC) No 207/2009 (now Article 8(5) and Article 72(6) of Regulation (EU) 2017/1001)))

(2018/C 032/29)

Language of the case: English

Parties

Applicant: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: S. Malynicz, QC, S. Baran, barrister, D. Stone and A. Dykes, Solicitors)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damas, Syria) (represented by: A.-E. Malamis, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 December 2015 (Case R 1251/2015-4), relating to opposition proceedings between The Coca-Cola Company and Mitico.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2015 (Case R 1251/2015-4);

2. Orders EUIPO to bear its own costs and to pay those incurred by The Coca-Cola Company, including the costs of the proceedings before the Board of Appeal of EUIPO;

3. Orders Modern Industrial & Trading Investment Co. Ltd (Mitico) to bear its own costs.

(1) OJ C 111, 29.3.2016.
EN Official Journal of the European Union C 22/39

Judgment of the General Court of 30 November 2017 — Toontrack Music v EUIPO (SUPERIOR DRUMMER)

(Case T-895/16) (1)

((European Union trade mark - Application for EU word mark SUPERIOR DRUMMER - Absolute ground for refusal - Descriptive - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)))

(2018/C 022/53)

Language of the case: Swedish

Parties

Applicant: Toontrack Music AB (Umeå, Sweden) (represented by: L.-E. Ström, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 October 2016 (Case R 2438/2015-5) concerning the registration of the word mark SUPERIOR DRUMMER as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Toontrack Music AB to pay the costs.

(1) OJ C 46, 13.2.2017.
EN Official Journal of the European Union C 42/19

Judgment of the General Court of 13 December 2017 — CJ v ECDC

(Case T-602/16) (1)

((Civil service - Members of the contract staff - Career evaluation report - Assessment exercise 2012 - Drawing up - Application for annulment of the decision closing appraisal report))

(2018/C 042/27)

Language of the case: English

Parties

Applicant: CJ (represented by: V. Kolias, lawyer)

Defendant: European Centre for Disease Prevention and Control (ECDC), (represented by J. Mannheim and A. Daume, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Action brought under Article 270 TFEU, seeking annulment of the decision of the appeal assessor of the ECDC of 21 September 2015 finalising the applicant’s appraisal report for the year 2011 and, insofar as necessary, the decision of the ECDC of 20 April 2016 rejecting the complaint lodged by the applicant against that decision of the appeal assessor.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CJ to pay the costs.

(1) OJ C 296, 16.8.2016 (case initially registered before the European Union Civil Service Tribunal under case No F-32/16 and transferred to the General Court of the European Union on 1.9.2016).