ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 352/14

Judgment of the General Court of 16 October 2013 — Mundipharma v OHIM — AFT Pharmaceuticals (Maxigesic)

(Case T-328/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Maxigesic - Earlier Community word mark OXYGESIC - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 352/26

Language of the case: German

Parties

Applicant: Mundipharma GmbH (Limburg an der Lahn, Germany) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: AFT Pharmaceuticals Ltd (Takapuna, New Zealand) (represented by: M. Nentwig, L. Kouker and G.M. Becker, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 May 2012 (Case R 1788/2010-4), concerning opposition proceedings between Mundipharma GmbH and AFT Pharmaceuticals Ltd

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mundipharma GmbH to pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 304/19

Judgment of the General Court of 6 September 2013 — Leiner v OHIM — Recaro (REVARO)

(Case T-349/12) (1)

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

2013/C 304/33

Language of the case: German

Parties

Applicant: Rudolf Leiner GmbH (Sankt Pölten, Austria) (represented by: W. Emberger, I. Rudnay and L. Emberger, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Recaro Holding GmbH, formerly Recaro Beteiligungs-GmbH (Stuttgart, Germany) (represented by: J. Weiser, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 May 2012 (Case R 482/2011-1), concerning opposition proceedings between Recaro Beteiligungs-GmbH and Rudolf Leiner GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rudolf Leiner GmbH to pay the costs.

(1) OJ C 287, 22.9.2012.
EN Official Journal of the European Union C 24/20

Judgment of the General Court of 5 December 2013 — Olive Line International v OHIM — Carapelli Firenze (Maestro de Oliva)

(Case T-4/12) (1)

(Community trade mark - Opposition procedure - International registration designating the European Community - Figurative mark Maestro de Oliva - Earlier national word mark MAESTRO - Genuine use of the earlier mark - Likelihood of confusion - Articles 8(1)(b) and 15(1)(a) of Regulation (EC) No 207/2009)

2014/C 24/34

Language of the case: Spanish

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Carapelli Firenze SpA (Tavarnelle Val di Pesa, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 September 2011 (Case R 1612/2010-2), concerning an opposition procedure between Carapelli Firenze SpA and Olive Line International, SL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Olive Line International, SL to pay the costs.

(1) OJ C 89, 24.3.2012.
EN Official Journal of the European Union C 377/14

Judgment of the General Court of 12 November 2013 — North Drilling v Council

(Case T-552/12) (1)

(Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Error of fact - Temporal adjustment of the effects of an annulment)

2013/C 377/33

Language of the case: Spanish

Parties

Applicant: North Drilling Co. (Teheran, Iran) (represented by: J. Viñals Camallonga, L. Barriola Urruticoechea and J. Iriarte Ángel, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and A. De Elera, acting as Agents)

Re:

Application for annulment, first, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58), and, secondly, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), in so far as those measures affect the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran in so far as it included the name of North Drilling Co. in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2. Annuls Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it included the name of North Drilling in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;

3. Annuls Annex IX to Regulation No 267/2012 in so far as it concerns North Drilling;

4. Orders the effects of Decision 2010/413, as amended by Decision 2012/635, to be maintained as regards North Drilling from its entry into force, on the twentieth day following its publication in the Official Journal of the European Union, until the partial annulment of Regulation No 267/2012 takes effect;

5. Orders the Council of the European Union to bear its own costs and to pay those incurred by North Drilling in the present proceedings and in the proceedings for interim measures.

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 52/35

Judgment of the General Court of 16 January 2014 — Ferienhäuser zum See v OHIM — Sunparks Groep (Sun Park Holidays)

(Case T-383/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Sun Park Holidays - Earlier Community figurative mark Sunparks Holiday Parks - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 52/65

Language of the case: English

Parties

Applicant: Ferienhäuser zum See GmbH (Marienmünster, Germany) (represented by: M. Boden and I. Höfener, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sunparks Groep NV (Den Haan, Belgium)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2012 (Case R 1928/2011-4), relating to opposition proceedings between Sunparks Groep NV and Ferienhäuser zum See GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 61/9

Judgment of the General Court of 21 January 2014 — Wilmar Trading v OHIM — Agroekola (ULTRA CHOCO)

(Case T-232/12) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ULTRA CHOCO - Earlier national word mark ultra choco - Unregistered earlier mark ULTRA CHOCO used in the course of trade in the European Union and in Bulgaria - Article 60 of Regulation (EC) No 207/2009 - Failure to comply with the obligation to pay appeal fee within the time-limit - Decision of the Board of Appeal declaring the appeal deemed not to have been filed)

2014/C 61/14

Language of the case: English

Parties

Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Agroekola EOOD (Sofia, Bulgaria)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 March 2012 (Case R 87/2012-1), relating to opposition proceedings between Wilmar Trading Pte Ltd and Agroekola EOOD.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Wilmar Trading Pte Ltd to pay the costs.

(1) OJ C 243, 11.8.2012.
EN Official Journal of the European Union C 129/20

Judgment of the General Court of 12 March 2014 — Borrajo Canelo and Others v OHIM

(Case T-381/12) (1)

((Community trade mark - Proceedings for revocation - Community word mark PALMA MULATA - Genuine use - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form differing in elements which do not alter the distinctiveness))

2014/C 129/25

Language of the case: Spanish

Parties

Applicants: Ana Borrajo Canelo (Madrid, Spain); Carlos Borrajo Canelo (Madrid); and Luis Borrajo Canelo (Madrid) (represented by: A. Gómez López, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tecnoazúcar (Havana, Cuba) (represented by: J. Carbonell Callicó, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 May 2012 (Case R 2265/2010-2) concerning proceedings for revocation between Ana Borrajo Canelo, Carlos Borrajo Canelo and Luis Borrajo Canelo, of the one part, and Tecnoazúcar, of the other.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Ana Borrajo Canelo, Mr Carlos Borrajo Canelo and Mr Luis Borrajo Canelo to pay the costs.

(1) OJ C 343, 10.11.2012.
EN Official Journal of the European Union C 93/22

Judgment of the General Court of 13 February 2014 — Demon International v OHIM — Big Line (DEMON)

(Case T-380/12) (1)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark DEMON - Prior international word mark DEMON - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

2014/C 93/38

Language of the case: Italian

Parties

Applicant: Demon International (Orem, Utah, United States) (represented by: T. Krüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by: L. Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Big Line Sas di Graziani Lorenzo (Thiene, Italy) (represented by: B. Osti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 June 2012 (Case R 1845/2011-4) concerning invalidity proceedings between Demon International, LC and Big Line Sas di Graziani Lorenzo.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 June 2012 (Case R 1845/2001-4) insofar as it annulled in part the decision of the Cancellation Division and rejected the application for a declaration of invalidity of the Community trade mark No 6 375 398 concerning ‘ski masks’ and ‘snowboard masks’;

2. Dismisses the remainder of the action;

3. Orders Demon International, LC and Big Line Sas di Graziani Lorenzo to bear their own costs, including those incurred before the Board of Appeal;

4. Orders OHIM to bear its own costs.

(1) OJ C 331, 27.10.2012.
EN Official Journal of the European Union C 194/21

Judgment of the General Court of 30 April 2014 — Hagenmeyer and Hahn v Commission

(Case T-17/12) (1)

((Consumer protection - Regulation (EC) No 1924/2006 - Health claims made on foods - Refusal to authorise a reduction of disease risk claim - Designation of a risk factor - Lawfulness of the procedure authorising reduction of disease risk claims - Action for annulment - Legal interest in bringing proceedings - Direct and individual concern - Admissibility - Proportionality - Obligation to state reasons))

2014/C 194/26

Language of the case: German

Parties

Applicants: Moritz Hagenmeyer (Hamburg, Germany) and Andreas Hahn (Hanover, Germany) (represented by: T. Teufer, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin and S. Grünheid, acting as Agents)

Intervening party in support of the defendant: Council of the Euroepan Union (represented by: I. Šulce, Z. Kupčová and M. Simm, acting as Agents)

Re:

Application for annulment in part of Commission Regulation (EU) No 1170/2011 of 16 November 2011 refusing to authorise certain health claims made on foods and referring to the reduction of disease risk (OJ 2011 L 299, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Moritz Hagenmeyer and Mr Andreas Hahn to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 89, 24.3.2012.
EN Official Journal of the European Union C 175/38

Judgment of the General Court of 9 April 2014 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)

(Case T-386/12) (1)

((Community trade mark - Opposition proceedings - Application for a Community figurative mark elite BY MONDARIZ - Earlier Community and international figurative marks ELITE - Language of appeal proceedings - Time-limits - Admissibility of an appeal to the Board of Appeal - Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Damage to reputation - Article 8(5) of Regulation No 207/2009))

2014/C 175/50

Language of the case: Spanish

Parties

Applicant: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, 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, intervener before the General Court: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain) (represented by: T. Andrade Boué, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL;

2. Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company;

3. Orders Aguas de Mondariz Fuente del Val to pay its own costs.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 253/26

Judgment of the General Court of 24 June 2014 — Hut.com v OHIM — Intersport France (THE HUT)

(Case T-330/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark THE HUT - Earlier national word mark LA HUTTE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 253/36

Language of the case: English

Parties

Applicant: The Hut.com Ltd (Northwich, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM: Intersport France (Longjumeau, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 April 2012 (Case R 814/2011-2), relating to opposition proceedings between Intersport France and The Hut.com Ltd

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders The Hut.com Ltd to pay the costs.

(1) OJ C 295, 29.9.2012.
EN Official Journal of the European Union C 235/15

Judgment of the General Court of 4 June 2014 — Hemmati v Council

(Case T-68/12) (1)

((Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Prohibition on entry or on transit - Action for annulment - Interest in bringing proceedings - Admissibility - Obligation to state reasons))

2014/C 235/19

Language of the case: English

Parties

Applicant: Abdolnaser Hemmati (Tehran, Iran) (represented by: B. Mettetal and C. Wucher-North, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and D. Gicheva, acting as Agents)

Re:

APPLICATION for annulment, first, of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), in so far as it included the applicant’s name in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), and of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation (EU) No 961/2010 on restrictive measures against Iran (OJ 2011 L 319, p. 11), in so far as it included the applicant’s name in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), and, secondly, of Article 16(2) of Regulation No 961/2010 and of Article 19(1)(b) and Article 20(1)(b) of Decision 2010/413, in so far as those provisions concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action as having been brought before a court that has no jurisdiction to hear it, in so far as it seeks annulment of Article 19(1)(b) and Article 20(1)(b) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP, and as being inadmissible, in so far as it seeks annulment of Article 16(2) of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007;

2. Annuls Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413, in so far as it included Mr Abdolnaser Hemmati’s name in Annex II to Decision 2010/413, and Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010, in so far as it included Mr Hemmati’s name in Annex VIII to Regulation No 961/2010;

3. Orders the Council of the European Union to bear four fifths of its own costs and to pay four fifths of Mr Hemmati’s costs;

4. Orders Mr Hemmati to bear one fifth of his own costs and to pay one fifth of the Council’s costs.

(1) OJ C 109, 14.4.2012.
EN Official Journal of the European Union C 372/14

Judgment of the General Court of 10 September 2014 — Micrus Endovascular v OHIM — Laboratórios Delta (DELTA)

(Case T-218/12) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark DELTA - Earlier national and international figurative marks DELTA PORTUGAL and company name LABORATORIOS DELTA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 372/18

Language of the case: English

Parties

Applicant: Micrus Endovascular LLC (Wilmington, Delaware, United States) (represented by: B. Brandreth, Barrister)

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, intervener before the General Court: Laboratórios Delta Lda (Queluz, Portugal) (represented by: J. Sena Mioludo, lawyer)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 6 March 2012 (Case R 244/2011-2), concerning opposition proceedings between Laboratórios Delta Lda and Micrus Endovascular Corp.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Micrus Endovascular LLC to pay the costs.

(1) OJ C 217, 21.7.2012.
EN Official Journal of the European Union C 292/35

Judgment of the General Court of 16 July 2014 — Germany v Commission

(Case T-295/12) (1)

((State aid - Animal carcass and slaughter waste disposal services - Maintaining epidemic reserve capacity - Decision declaring aid to be incompatible with the internal market - Advantage - Service of general economic interest - Compensation relating to a public service obligation - Effect on trade between Member States and distortion of competition - Need for aid - Subsidiarity - Duty to state reasons))

2014/C 292/42

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: T. Henze and J. Möller, Agents, assisted by T. Lübbig and M. Klasse, lawyers)

Defendant: European Commission (represented by: C. Egerer and T. Maxian Rusche, Agents)

Re:

Action for annulment of Commission Decision 2012/485/EU of 25 April 2012 on State aid SA.25051 (C 19/10) (ex NN 23/10) granted by Germany to the Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, Rheingau-Taunus-Kreis and Landkreis Limburg-Weilburg (OJ 2012 L 236, p. 1).

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 273, 8.9.2012.
EN Official Journal of the European Union C 409/34

Judgment of the General Court of 7 October 2014 — Tifosi Optics v OHIM — Tom Tailor (T)

(Case T-531/12) (1)

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

2014/C 409/49

Language of the case: English

Parties

Applicant: Tifosi Optics, Inc. (Watkinsville, United States) (represented initially by A. Tornato and D. Hazan, and subsequently by R. Gilbey, lawyers)

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, intervener before the General Court: Tom Tailor GmbH (Hamburg, Germany) (represented by: O. Gillert, K. Vanden Bossche and B. Köhn-Gerdes, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 September 2012 (Case R 729/2011-2), concerning opposition proceedings between Tom Tailor GmbH and Tifosi Optics, Inc.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Tifosi Optics, Inc. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Tom Tailor GmbH.

(1) OJ C 46, 16.2.2013.