ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 18 September 2012 — Scandic Distilleries SA v OHIM — Bürgerbräu, Röhm & Söhne (BÜRGER)

(Case T-460/11) (1)

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

(2012/C 331/42)

Language of the case: English

Parties

Applicant: Scandic Distilleries SA (Bihor, Romania) (represented by: Á. László, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bürgerbräu, August Röhm & Söhne KG (Bad Reichenhall, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1962/2010-2), relating to opposition proceedings between Bürgerbräu, August Röhm & Söhne KG and Scandic Distilleries SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Scandic Distilleries SA to pay the costs.

(1) OJ C 331, 12.11.2011.
EN Official Journal of the European Union C 38/20

Judgment of the General Court of 13 December 2012 — Natura Selection v OHIM — Ménard (natura)

(Case T-461/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark natura - Prior Community word mark NATURA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 38/35

Language of the case: Spanish

Parties

Applicant: Natura Selection, SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ernest Ménard SA (Bourseul, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2011 (Case R 2454/2010-2) concerning opposition proceedings between Ernest Ménard SA and Natura Selection, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Natura Selection, SL to pay the costs.

(1) OJ C 340, 19.11.2011.
EN Official Journal of the European Union C 9/35

Judgment of the General Court of 21 November 2012 — Getty Images v OHIM (PHOTOS.COM)

(Case T-338/11) (1)

(Community trade mark - Application for the Community word mark PHOTOS.COM - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - No distinctiveness acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)

2013/C 9/62

Language of the case: English

Parties

Applicant: Getty Images (US), Inc. (New York, United States) (represented by: P. Olson, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 April 2011 (Case R 1831/2010-2) concerning an application for registration of the word mark PHOTOS.COM as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Getty Images (US), Inc. to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 79/16

Judgment of the General Court of 6 February 2013 — Maharishi Foundation v OHIM (TRANSCENDENTAL MEDITATION)

(Case T-412/11) (1)

(Community trade mark - Application for Community word mark TRANSCENDENTAL MEDITATION - Absolute grounds for refusal - Decision of the Board of Appeal remitting the case to the Examination Division - Article 65(4) of Regulation (EC) No 207/2009 - Admissibility - Descriptive character - Article 7(1)(c) of Regulation No 207/2009 - Relevant public)

2013/C 79/29

Language of the case: English

Parties

Applicant: Maharishi Foundation Ltd (Saint-Hélier, Jersey) (represented by: A. Meijboom, lawyer)

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 Second Board of Appeal of OHIM of 24 March 2011 (Case R 1293/2010-2), concerning an application for registration of the word sign TRANSCENDENTAL MEDITATION as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Maharishi Foundation Ltd to pay the costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 63/19

Judgment of the General Court of 17 January 2013 — Solar-Fabrik v OHIM (Premium XL and Premium L)

(Joined Cases T-582/11 and T-583/11) (1)

(Community trade mark - Applications for the Community word marks Premium XL and Premium L - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2013/C 63/37

Language of the case: German

Parties

Applicant: Solar-Fabrik AG für Produktion und Vertrieb von solartechnischen Produkten (Freiburg im Breisgau, Germany) (represented by: M. Douglas, lawyer)

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

Re:

Two actions brought against two decisions of the First Board of Appeal of OHIM of 1 September 2011 (Case R 245/2011-1 and Case R 246/2011-1 respectively), concerning applications for registration as Community trade marks of the word sign Premium XL and the word sign Premium L respectively

Operative part of the judgment

The Court:

1. Joins Cases T-582/11 and T-583/11 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Solar-Fabrik AG für Produktion und Vertrieb von solartechnischen Produkten to pay the costs.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 147/16

Judgment of the General Court of 10 April 2013 — GRP Security v Court of Auditors

(Case T-87/11) (1)

(Arbitration clause - Public service contracts - Surveillance and security services for the buildings of the Court of Auditors - Action for annulment - Decision to unilaterally terminate the contract with application for payment of damages and interest - Measure of a contractual nature - Lack of reclassification of the action - Inadmissibility - Decision to impose a penalty of exclusion for three months - Interest in bringing proceedings - Rights of defence - Serious breach of obligations - Principle that penalties must have a proper legal basis - Misuse of powers - Proportionality)

2013/C 147/28

Language of the case: French

Parties

Applicant: GRP Security (Bertrange, Luxembourg) (represented by: initially by G. Osch, then by C. Arendt and M. Larbi, lawyers)

Defendant: Court of Auditors of the European Union (represented by: initially by T. Kennedy, J.-M. Stenier and J. Vermer, then by T. Kennedy and J. Vermer, acting as Agents)

Re:

First, application for annulment of the decision of the Court of Auditors of 14 January 2011 to unilaterally terminate the framework service contract ‘Various security services’ (LOG/2026/10/02) and to apply for payment of damages and interest and, secondly, application for annulment of the decision of 14 January 2011 to impose a penalty of exclusion

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GRP Security to pay the costs, including those relating to the applications for interim measures.

(1) OJ C 120, 16.4.2011.
EN Official Journal of the European Union C 79/16

Judgment of the General Court of 1 February 2013 — Polyelectrolyte Producers Group and Others v Commission

(Case T-368/11) (1)

(REACH - Transitional measures concerning the restrictions on the placing on the market and use of acrylamide for grouting applications - Annex XVII to Regulation (EC) No 1907/2006 - Proportionality - Obligation to state reasons)

2013/C 79/28

Language of the case: English

Parties

Applicants: Polyelectrolyte Producers Group (Brussels, Belgium); SNF SAS (Andrézieux-Bouthéon, France); and Travetanche Injection SPRL (Brussels) (represented by: K. Van Maldegem and R. Cana, lawyers)

Defendant: European Commission (represented by: P. Oliver and E. Manhaeve, Agents, assisted by K. Sawyer, Barrister)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by: C. Wissels, M. Noort and B. Koopman, Agents)

Re:

Application for annulment of Commission Regulation (EU) No 366/2011 of 14 April 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Acrylamide) (OJ 2011 L 101, p. 12).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Polyelectrolyte Producers Group, SNF SAS and Travetanche Injection SPRL to bear the costs they have incurred in the main proceedings and to pay those incurred by the European Commission;

3. Orders Travetanche Injection to pay the costs relating to the proceedings for interim measures;

4. Orders the Kingdom of the Netherlands to bear its own costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 171/26

Judgment of the General Court of 6 May 2013 — Kieffer Omnitec v Commission

(Case T-288/11) (1)

(Public service contracts - Procurement procedure - Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg - Rejection of a tenderer’s bid - Equal treatment - Transparency - Proportionality - Manifest error of assessment - Duty to state reasons)

2013/C 171/50

Language of the case: French

Parties

Applicant: A+P Kieffer Omnitec Sàrl (Luxembourg, Luxembourg) (represented by: A. Delvaux, V. Bertrand and M. Devos, lawyers)

Defendant: Commission (represented by: A.-M. Rouchaud-Joët and S. Delaude, acting as Agents, and V. Vanden Acker, lawyer)

Re:

Annulment of the Commission’s decision of 1 April 2001 rejecting the tender submitted by the applicant in the procurement procedure relating to the conclusion of a contract for maintenance of HVAC, sprinkler and water and sanitary installations at the Joseph-Bech Building in Luxembourg and awarding the contract to another tenderer (OJ 2010/S 241 367523)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders A+P Kieffer Omnitec Sàrl to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 156/40

Judgment of the General Court of 23 April 2013 — Apollo Tyres v OHIM — Endurance Technologies (ENDURANCE)

(Case T-109/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ENDURACE - Earlier Community figurative mark ENDURANCE - Relative grounds for refusal - Similarity of the goods and services - Similarity of the signs - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion)

2013/C 156/72

Language of the case: English

Parties

Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Endurance Technologies Pvt Ltd (Aurangabad, India)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 25 November 2010 (Case R 625/2010-1), concerning opposition proceedings between Endurance Technologies Pvt Ltd and Apollo Tyres AG

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Apollo Tyres AG to pay the costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 225/74

Judgment of the General Court of 18 June 2013 — Heath v ECB

(Case T-645/11 P) (1)

(Appeal - Civil Service Tribunal - Employees of the ECB - Pensions - Annual increase - Rate of increase for 2010 - Retroactivity - Right to collective bargaining)

2013/C 225/165

Language of the case: French

Parties

Appellant: Micheal Heath (Southampton, United Kingdom) (represented by: L. Levi and M. Vandenbussche, lawyers)

Other party to the proceedings: European Central Bank (ECB) (represented: initially by P. Embley and E. Carlini, subsequently by E. Carlini and M. Lópex Torres, Agents, assisted by B. Wägenbaur, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) in Case F-121/10 Heath v BCE, judgment of 29 September 2011, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Michael Heath to bear his own costs and to pay those incurred by the European Central Bank (ECB) in the present proceedings.

(1) OJ C 65, 3.3.2012.
EN Official Journal of the European Union C 189/20

Judgment of the General Court of 16 May 2013 — Iran Transfo v Council

(Case T-392/11) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Obligation to state reasons - Manifest error of assessment)

2013/C 189/40

Language of the case: German

Parties

Applicant: Iran Transfo (Tehran, Iran) (represented by: K. Kleinschmidt, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and J.-P. Hix, agents)

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and T. Scharf, agents)

Re:

Annulment of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), in so far as that decision concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it concerns Iran Transfo;

2. Orders the effects of Decision 2011/299, in so far as it concerns Iran Transfo, to be maintained for a period which may not exceed two months and ten days from the date of delivery of this judgment;

3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Iran Transfo;

4. Orders the European Commission to bear its own costs.

(1) OJ C 290, 1.10.2011.
2.

Declares that there is no need to adjudicate on the claim for annulment of the decisions in respect of Post Bank Iran ‘contained in’ the letter from the Council received on 29 October 2010 and the letter from the Council dated 5 December 2011, or on the plea of inadmissibility raised by the Council, supported by the Commission, solely in respect of the claim for annulment of the decision regarding Post Bank Iran ‘contained in’ the letter from the Council received on 29 October 2010;
EN Official Journal of the European Union C 225/72

Judgment of the General Court of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)

(Case T-515/11) (1)

(Community trade mark - Application for Community word mark INNOVATION FOR THE REAL WORLD - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/159

Language of the case: English

Parties

Applicant: Delphi Technologies, Inc. (Wilmington, Delaware, United States) (represented by: C. Albrecht and J. Heumann, lawyers)

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

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 June 2011 (Case 1967/2010-2) concerning an application for the registration of the word mark INNOVATION FOR THE REAL WORLD as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Delphi Technologies, Inc. to pay the costs.

(1) OJ C 355, 3.12.2011.
EN Official Journal of the European Union C 336/20

Judgment of the General Court of 16 September 2013 — Gitana SA v OHIM — Teddy (GITANA)

(Case T-569/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark GITANA - Earlier Community figurative mark KiTANA - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Identity or similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 - Partial refusal of registration)

2013/C 336/40

Language of the case: English

Parties

Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Teddy SpA (Rimini, Italy) (represented by: S. Rizzo, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 August 2011 (Case R 1825/2007-1), relating to opposition proceedings between Rosenruist — Gestão e serviços, Lda and Gitana SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gitana SA to pay the costs.

(1) OJ C 6, 7.1.2012.
EN Official Journal of the European Union C 313/22

Judgment of the General Court of 16 September 2013 — De Nicola v EIB

(Case T-264/11 P) (1)

(Appeal - Civil service - EIB staff - Appraisal - Promotion - 2007 appraisal and promotion period - Decision of the Appeals Committee - Psychological harassment - Reasonable period - Claim for setting aside - Claim for damages)

2013/C 313/41

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-59/09 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-59/09 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claims seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB) and compensation for the damage he claims to have suffered as a result of his harassment by the EIB;

2. Dismisses the remainder of the appeal;

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

4. Reserves the costs.

(1) OJ C 211, 16.7.2011.
EN Official Journal of the European Union C 52/33

Judgment of the General Court of 16 January 2014 — BP Products North America v Council

(Case T-385/11) (1)

(Dumping - Subsidies - Imports of biodiesel originating in the United States - Circumvention - Article 13 of Regulation (EC) No 1225/2009 - Article 23 of Regulation (EC) No 597/2009 - Slightly modified like product - Legal certainty - Misuse of powers - Manifest errors of assessment - Obligation to state reasons - Equal treatment - Principle of sound administration)

2014/C 52/59

Language of the case: English

Parties

Applicant: BP Products North America Inc. (Naperville, Illinois, United States) (represented initially by C. Farrar, Solicitor, H.-J. Prieß, B. Sachs and M. Schütte, lawyers, and subsequently by C. Farrar, H.-J. Prieß, M. Schütte and K. Arend, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by B. O’Connor, Solicitor, and S. Gubel, lawyer)

Interveners in support of the defendant: European Commission (represented by: M. França and A. Stobiecka-Kuik, acting as Agents), and by European Biodiesel Board (EBB) (represented by: O. Prost and M.-S. Dibling, lawyers)

Re:

Application for the partial annulment, first, of Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ 2011 L 122, p. 1) and, secondly, of Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ 2011 L 122, p. 12), in so far as those regulations affect the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BP Products North America Inc. to bear its own costs and to pay those of the Council of the European Union and the European Biodiesel Board (EBB);

3. Orders the European Commission to bear its own costs.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 377/12

Judgment of the General Court of 14 November 2013 — Europol v Kalmár

(Case T-455/11) (1)

(Appeal - Civil service - Europol staff - Fixed-term contracts - Dismissal - Statement of reasons - Rights of the defence - Financial compensation)

2013/C 377/27

Language of the case: Dutch

Parties

Appellant: European Police Office (Europol) (represented by: D. Neumann, D. El Khoury and J. Arnould, acting as Agents, and D. Waelbroeck and E. Antypas, lawyers)

Other party to the proceedings: Andreas Kalmár (Vienna, Austria) (represented by: D. Coppens, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 26 May 2011 in Case F-83/09 Kalmár v Europol, not yet published in the ECR, and seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Police Office (Europol) to bear its own costs and to pay those incurred by Mr Andreas Kalmár in the present proceedings.

(1) OJ C 290, 1.10.2011.
EN Official Journal of the European Union C 135/30

Judgment of the General Court of 14 March 2014 — Cementos Portland Valderrivas v Commission

(Case T-296/11) (1)

((Competition - Administrative proceeding - Decision to request information - Necessity of the information requested - Reasonable grounds - Judicial review - Proportionality))

2014/C 135/36

Language of the case: Spanish

Parties

Applicants: Cementos Portland Valderrivas, SA (Pamplona, Spain) (represented by: L. Ortiz Blanco, A. Lamadrid de Pablo and N. Ruiz García, lawyers)

Defendant: European Commission (represented by: F. Castilla Contreras, C. Urraca Caviedes and C. Hödlmayer, acting as Agents, and A. Rivas, lawyer)

Re:

Action for annulment of Commission Decision C(2011) 2368 final of 30 March 2011, in the context of a procedure pursuant to Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39520 — cement and related products).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cementos Portland Valderrivas, SA to pay the costs, including those of the interim proceedings.

(1) OJ C 238, 13.8.2011.