ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 209/51

Judgment of the Court of First Instance of 2 July 2008 — Ashoka v OHIM (DREAM IT, DO IT!)

(Case T-186/07) (1)

(Community trade mark - Application for Community word mark DREAM IT, DO IT! - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/89)

Language of the case: English

Parties

Applicant: Ashoka, (Arlington, Virginia, United States of America), represented by: A. Link and A. Jaeger-Lenz, 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 15 March 2007 (Case R 635/2006-1) concerning the registration of the word mark DREAM IT, DO IT! as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ashoka to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 107/25

Judgment of the Court of First Instance of 12 March 2008 — Suez v OHIM

(Case T-128/07) (1)

(Community trade mark - Application for Community word mark Delivering the essentials of life - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 107/42)

Language of the case: French

Parties

Applicant: Suez (Paris, France) (represented by: P. Combeau and D. Régnier, 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 2 February 2007 (Case R 811/2006-1) concerning an application for registration of the mark Delivering the essentials of life as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Suez to pay the costs.

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 313/33

Judgment of the Court of First Instance of 15 October 2008 — TridonicAtco v OHIM (Intelligent Voltage Guard)

(Case T-297/07) (1)

(Community trade mark - Application for the Community figurative mark Intelligent Voltage Guard - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 313/58)

Language of the case: German

Parties

Applicant: TridonicAtco GmbH & Co. KG (Dornbirn, Austria) (represented initially by: L. Wiltschek, lawyer, later by L. Wiltschek and E. Tremmel, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an application to register the figurative mark Intelligent Voltage Guard as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders TridonicAtco & Co. KG to pay the costs.

(1) OJ C 235 of 6.10.2007.
EN Official Journal of the European Union C 285/39

Judgment of the Court of First Instance of 17 September 2008 — Prana Haus v OHIM

(Case T-226/07) (1)

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

(2008/C 285/72)

Language of the case: German

Parties

Applicant: Prana Haus GmbH (Fribourg-en-Brisgau, Germany) (represented by: N. Hebies, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 April 2007 (Case R 1611/2006-1) concerning an application for registration of the verbal mark PRANAHAUS as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Prana Haus GmbH to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 19/27

Judgment of the Court of First Instance of 26 November 2008 — Avon Products OHIM (ANEW ALTERNATIVE)

(Case T-184/07) (1)

(Community trade mark - Application for the Community word mark ANEW ALTERNATIVE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94)

(2009/C 19/50)

Language of the case: English

Parties

Applicant: Avon Products, Inc. (New York, New York, United States) (represented by: C. Heitmann-Lichtenstein and U. Stelzenmüller, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by S. Laitinen and P. Bullock, and subsequently by G. Schneider, Agents)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 March 2007 (Case R 1471/2006 2), concerning an application for registration as a Community trade mark of the word mark ANEW ALTERNATIVE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Avon Products, Inc. to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 6/26

Judgment of the Court of First Instance of 12 November 2008 — Scil proteins v OHIM — Indena (affilene)

(Case T-87/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark affilene - Earlier Community word mark AFFILIN - Relative ground for refusal - Likelihood of confusion - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/52)

Language of the case: English

Parties

Applicant: Scil proteins GmbH (Halle, Germany) (represented by: V. Dalichau and I.-M. Helbig, 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 intervening before the Court of First Instance: Indena SpA (Milan, Italy)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 January 2007 (Case R 10/2006-2) relating to opposition proceedings between Scil proteins GmbH and Indena SpA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 January 2007 (Case R 10/2006-2) in so far as it dismisses the opposition with respect to the following goods: ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’;

2. Orders OHIM to pay the costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 69/37

Judgment of the Court of First Instance of 11 February 2009 — Bayern Innovativ v OHIM — Life Sciences Partners Perstock (LifeScience)

(Case T-413/07) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark LifeScience - Earlier Community trade mark Life Sciences Partners - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 69/85)

Language of the case: English

Parties

Applicant: Bayern Innovativ — Bayerische Gesellschaft für Innovation und Wissenstransfer mbH (Nuremberg, Germany) (represented by: A. Beschorner, B. Glaser and C. Thomas, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Life Sciences Partners Perstock NV (Amsterdam, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 August 2007 (Case R 1545/2006-1), relating to opposition proceedings between Life Sciences Partners Perstock NV and Bayern Innovativ — Bayerische Gesellschaft für Innovation und Wissenstransfer mbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bayern Innovativ — Bayerische Gesellschaft für Innovation und Wissenstransfer mbH to pay the costs.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 44/45

Judgment of the Court of First Instance of 18 December 2008 — Torres v OHIM — Sociedad Cooperativa del Campo San Ginés (TORRE DE BENÍTEZ)

(Case T-16/07) (1)

(Community trade mark - Opposition procedure - Application for Community word mark TORRE DE BENÍTEZ - Earlier national, Community and international word and figurative marks evoking a number of towers - Relative ground for refusal - No likelihood of confusion)

(2009/C 44/77)

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, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Sociedad Cooperativa del Campo San Ginés (Cuenca, 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 6 November 2006 (Case R-36/2006-2) relating to opposition proceedings between Miguel Torres, SA and Sociedad Cooperativa del Campo San Ginés.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 180/47

Judgment of the Court of First Instance of 17 June 2009 — Korsch v OHIM (PharmaResearch)

(Case T-464/07) (1)

(Community trade mark - Application for the community word mark PharmaResearch - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) - Restriction of the goods designated in the trade mark application)

2009/C 180/86

Language of the case: German

Parties

Applicant: Korsch AG (Berlin, Germany) (represented by: J. Grzam, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 October 2007 (Case R 924/2007-4) concerning an application for registration of the word sign PharmaResearch as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Korsch AG to pay the costs.

(1) OJ C 51, 23.02.2008.
EN Official Journal of the European Union C 129/13

Judgment of the Court of First Instance of 2 April 2009 — Commission v Berrisford

(Case T-473/07 P) (1)

(Appeal - Staff cases - Officials - Promotion - 2005 promotion procedure - Article 45 of the Staff Regulations - Examination of comparative merits - Obligation to take into account the fact that the official concerned was included in the reserve)

2009/C 129/22

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: D. Martin and K. Herrmann, acting as Agents)

Other party to the proceedings: Michael Berrisford (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 10 October 2007 in Case F-107/06 Berrisford v Commission (not yet published in the ECR), seeking the setting aside of that judgment

Operative part of the judgment

The Court:

1. dismisses the appeal;

2. orders the Commission to bear its own cost and to pay those incurred by Mr Michael Berrisford in the present proceedings.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 267/56

Judgment of the Court of First Instance of 23 September 2009 — Fratex Industria e Comércio v OHIM– USA Track & Field (TRACK & FIELD USA)

(Case T-103/07) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community mark TRACK & FIELD USA - Earlier national figurative mark TRACK & FIELD - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 [now Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/97

Language of the case: Spanish

Parties

Applicant: Fratex Indústria e Comércio, Ltda (São Paolo, Brasil) (represented by: B. Braga da Cruz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: USA Track & Field, Inc (Indiana, United States of America)

Re:

Action brought against the decision of 18 January 2007 of the Fourth Board of Appeal of OHIM (Case No R. 1061/2005-4)) concerning opposition proceedings between Fratex Indústria e Comércio, Ltda and USA Track & Field, Inc

Operative part of the judgment

The Court:

1. Dismisses the application.

2. Orders Fratex Indústria e Comércio, Ltda to pay the costs

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 193/18

Judgment of the Court of First Instance of 1 July 2009 — ThyssenKrupp Stainless v Commission

(Case T-24/07) (1)

(Competition - Agreements, decisions and concerted practices - Stainless steel flat products - Decision finding an infringement of Article 65 CS after expiry of the ECSC Treaty, pursuant to Regulation (EC) No 1/2003 - Alloy surcharge - Powers of the Commission - Imputability of the unlawful conduct - Res judicata - Rights of the defence - Access to the file - Limitation period - Principle of non bis in idem - Cooperation during the administrative procedure)

2009/C 193/26

Language of the case: German

Parties

Applicant: ThyssenKrupp Stainless AG (Duisburg, Germany) (represented by: M. Klusmann and S. Thomas, lawyers)

Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre, R. Sauer and O. Weber, Agents)

Re:

Application for annulment, in whole or in part, of the Commission’s decision of 20 December 2006 relating to a proceeding under Article 65 [CS] (Case No COMP/F/39.234 — Alloy surcharge — readoption) and, in the alternative, an application for reduction of the fine imposed on ThyssenKrupp Stainless by that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ThyssenKrupp Stainless AG to pay the costs.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 11/24

Judgment of the Court of First Instance of 25 November 2009 — Germany v Commission

(Case T-376/07) (1)

(State aid - Aid to small and medium-sized enterprises - Decision requiring information to be provided concerning two State aid schemes - Commission’s monitoring powers under the fourth sentence of Article 9(2) of Regulation (EC) No 70/2001)

2010/C 11/45

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma, J. Möller and B. Klein, Agents)

Defendant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, Agents)

Re:

Annulment of Commission Decision C (2007) 3226 of 18 July 2007 requiring information to be provided concerning two State aid schemes coming under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles [87 EC] and [88 EC] to State aid to small and medium-sized enterprises (OJ 2001 L 10, p. 33)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 267/58

Judgment of the Court of First Instance of 29 September 2009 — Thomson Sales Europe v Commission

(Joined Cases T-225/07 and T-364/07) (1)

(Customs union - Imports of colour television receivers manufactured in Thailand - Refund of import duties - Manifest negligence - Post-clearance recovery of import duties - Action for annulment - Act having adverse effects - Inadmissibility)

2009/C 267/101

Language of the case: French

Parties

Applicant: Thomson Sales Europe (Boulogne-Billancourt, France) (represented by: F. Goguel and F. Foucault, lawyers)

Defendant: Commission of the European Communities (represented in Case T-225/07by: X. Lewis, H. van Vliet and S. Schønberg and, in Case T-364/07, by: X. Lewis and M. Patakia, acting as Agents)

Re:

In Case T-225/07, annulment of Commission Decision REM 03/05 of 7 May 2007 stating to the French authorities that the refund of import duties is not justified on the importation of colour television receivers manufactured in Thailand covered by their application of 14 September 2005 and, in Case T-364/07, annulment of the letter of the Commission of 20 July 2007 not confirming acquisition of the entitlement to post-clearance recovery of import duties on those items.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Thomson Sales Europe to bear its own costs and to pay those incurred by the Commission of the European Communities.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 100/38

Judgment of the General Court of 3 March 2010 — Lufthansa AirPlus Servicekarten v OHIM — Applus Servicios Tecnológicos (A+)

(Case T-321/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark A+ - Earlier Community word mark AirPlus International - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the signs - Duty to state reasons - Rights of the defence - Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009))

2010/C 100/58

Language of the case: English

Parties

Applicant: Lufthansa AirPlus Servicekarten GmbH (Neu-Isenburg, Germany) (represented by G. Würtenberger, R. Kunze and T. Wittman, 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, intervener before the Court: Applus Servicios Tecnológicos, SL (Barcelona, Spain) (represented by E. Torner Lasalle, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Lufthansa AirPlus Servicekarten GmbH to pay the costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 37/33

Judgment of the General Court of 10 December 2009 — Cofac v Commission

(Case T-159-07) (1)

(ESF - Reduction of financial assistance - Training schemes - Rights of the defence - Right to a fair hearing)

2010/C 37/43

Language of the case: Portuguese

Parties

Applicant: Cofac — Cooperativa de Formação e Animação Cultural, CRL (Lisbon, Portugal) (represented by: L. Gomes, J. Ortigão and C. Peixoto, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and A. Steiblytė, Agents)

Re:

Annulment of Commission Decision D(2004) 24253 of 9 November 2004 reducing the amount of assistance granted to the applicant by the European Social Fund by Decision No C(87) 0860 of 30 April 1987 for training schemes (file No 870927 P1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cofac — Cooperativa de Formação e Animação Cultural, CRL to pay the costs.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 317/26

Judgment of the General Court of 29 September 2010 — CNH Global v OHIM (Combination of the colours red, black and grey for a tractor)

(Case T-378/07) (1)

(Community trade mark - Application for a Community trade mark consisting of a combination of the colours red, black and grey applied to the exterior surfaces of a tractor - Absolute ground for refusal - No distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

2010/C 317/45

Language of the case: English

Parties

Applicant: CNH Global NV (Amsterdam, Netherlands) (represented by: M. Edenborough, Barrister, and R. Harrison, Solicitor)

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

Re:

Action against the decision of the First Board of Appeal of OHIM of 5 July 2007 (Case R 1642/2006-1), relating to an application for registration as a Community trade mark of a sign representing a tractor in red, black and grey

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CNH Global NV to pay the costs.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 221/35

Judgment of the General Court of 6 July 2010 — Ryanair v Commission

(Case T-342/07) (1)

(Competition - Concentrations - Air transport - Decision declaring a concentration to be incompatible with the common market - Assessment of the effects of the concentration on competition - Barriers to entry - Efficiency gains - Commitments)

2010/C 221/55

Language of the case: English

Parties

Applicant: Ryanair Holdings plc (Dublin, Ireland) (represented by: J. Swift QC, V. Power, A. McCarthy and D. Hull, Solicitors, and G. Berrisch, lawyer)

Defendant: European Commission (represented by: X. Lewis and S. Noë, Agents)

Interveners in support of the defendant: Aer Lingus Group plc (Dublin) (represented initially by A. Burnside, Solicitor, B. van de Walle de Ghelcke and T. Snels, lawyers, and subsequently by A. Burnside and B. van de Walle de Ghelcke)

and

Ireland (represented by D. O’Hagan and J. Buttimore, acting as Agents, and M. Cush, D. Barniville and N. Travers, lawyers)

Re:

Application for the annulment of Commission Decision C(2007) 3104 of 27 June 2007 declaring a concentration to be incompatible with the common market and the EEA Agreement (Case COMP/M.4439 — Ryanair/Aer Lingus)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ryanair Holdings plc to bear its own costs and to pay the costs incurred by the European Commission and Aer Lingus Group plc;

3. Orders Ireland to bear its own costs.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 194/12

Judgment of the General Court of 18 May 2011 — IIC-Intersport International v OHIM — McKenzie (McKENZIE)

(Case T-502/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark McKENZIE - Earlier Community figurative and word marks McKINLEY - 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 194/17

Language of the case: English

Parties

Applicant: IIC-Intersport International Corp. GmbH (Ostermundigen, Switzerland) (represented by: P. Steinhauser, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: The McKenzie Corporation Ltd (Ponteland Village, Newcastle Upon Tyne, United Kingdom) (represented by: D. Alexander QC, R. Kempner and O.M. Delafaille, Solicitors)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 October 2007 (Case R 1425/2006-2) relating to opposition proceedings between The McKenzie Corporation Ltd and IIC — Intersport International Corp. GmbH

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IIC-Intersport International Corp. GmbH to pay the costs.

(1) OJ C 51, 23.2.2008.