ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 120/12

Judgment of the General Court of 9 March 2011 — Commission v Edificios Inteco

(Case T-235/09) (1)

(Arbitration clause - Programme concerning the promotion of energy technologies for Europe (Thermie) - Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered air conditioning system - Non-performance of the contract - Reimbursement of sums advanced - Late payment interest - Procedure by default)

2011/C 120/29

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: G. Valero Jordana)

Defendant: Edificios Inteco SL (Valladolid, Spain) (represented by: C. de la Red Mantilla, lawyer)

Re:

Action brought by the Commission pursuant to Article 238 EC for reimbursement of the sum of EUR 157 238,07, paid by it to the defendant in relation to a construction project in Valladolid of a commercial and business centre equipped with a solar powered air conditioning system (contract BU/104/93) plus late payment interest.

Operative part of the judgment

The Court:

1. Orders Edificios Inteco SL to reimburse to the European Commission the sum of EUR 157 238,07, plus EUR 81 686,22 corresponding to interest due on 1 June 2009;

2. Orders Edificios Inteco to reimburse the Commission the sum of EUR 2 173 796 for each additional day’s delay from 2 June 2009 to payment in full of the debt.

3. Orders Edificios Inteco to pay the costs.

(1) OJ C 220, 12.9.2009.
EN Official Journal of the European Union C 89/15

Judgment of the General Court of 3 February 2011 — Italy v Commission

(Case T-3/09) (1)

(State aid - Temporary defensive mechanism for shipbuilding - Alteration planned by the Italian authorities to an aid scheme previously authorised by the Commission - Decision declaring the aid scheme incompatible with the common market)

2011/C 89/35

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: E. Righini, C. Urraca Caviedes and V. Di Bucci, acting as Agents)

Re:

Application for annulment of Commission Decision 2010/38/EC of 21 October 2008 on State aid C-20/08 (ex N 62/08) which Italy is planning to implement through a modification of scheme N 59/04 concerning a temporary defensive mechanism for shipbuilding (OJ 2010 L 17, p. 50).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 160/20

Judgment of the General Court of 13 April 2011 — Bodegas y Viñedos Puerta de Labastida v OHIM — Unión de Cosecheros de Labastida (PUERTA DE LABASTIDA)

(Case T-345/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PUERTA DE LABASTIDA - Earlier national word mark CASTILLO DE LABASTIDA - Earlier Community word marks CASTILLO LABASTIDA - Relative ground for refusal - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009)

2011/C 160/29

Language of the case: Spanish

Parties

Applicant: Bodegas y Viñedos Puerta de Labastida, SL (Autol, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Unión de Cosecheros de Labastida, S. Coop. Ltda (Labastida, Spain) (represented: initially by P. López Ronda and G. Macias Bonilla and subsequently by F. Brandolini Kujman, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 May 2009 (Case R 1021/2008-1) concerning opposition proceedings between Unión de Cosecheros de Labastida, S. Coop. Ltda and Bodegas y Viñedos Puerta de Labastida, SL

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bodegas y Viñedos Puerta de Labastida, SL to pay the costs.

(1) OJ C 256, 24.10.2009.
EN Official Journal of the European Union C 152/19

Judgment of the General Court of 7 April 2011 — Gruber v OHIM (Run the globe)

(Case T-12/09) (1)

(Community trade mark - Application for Community word mark Run the globe - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))

2011/C 152/34

Language of the case: German

Parties

Applicant: Alexander Gruber (Ulm, Germany) (represented by: T. Kienle and M. Krinke, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 November 2008 (Case R 1779/2007-1) concerning a request for registration of the word sign Run the globe as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Alexander Gruber to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 232/27

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICOCENTER)

(Case T-480/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICOCENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/47

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1045/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

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 28 September 2009 (Case R 1045/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 194/14

Judgment of the General Court of 18 May 2011 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)

(Case T-376/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark POLO SANTA MARIA - Earlier Benelux figurative mark showing the silhouette of a polo player - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 194/20

Language of the case: English

Parties

Applicant: Glenton España, SA (Madrid, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, 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 General Court: The Polo/Lauren Company, LP (New York, New York, United States) (represented by: R. Black, R. Guthrie, Solicitors, and S. Malynicz, Barrister)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 594/2008-2) in relation to opposition proceedings between The Polo/Lauren Company, LP, and Glenton España, SA

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Glenton España, SA to pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 311/40

Judgment of the General Court of 9 September 2011 — Deutsche Bahn v OHIM — DSB (IC4)

(Case T-274/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark IC4 - Earlier Community word mark ICE and earlier national figurative mark IC - Criteria for assessing likelihood of confusion - Relative grounds for refusal - Similarity of the services - Similarity of the signs - Distinctive character of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 311/72

Language of the case: English

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: E. Haag, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: DSB (Copenhagen, Denmark) (represented by: T. Swanstrøm, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 1380/2007-1), relating to opposition proceedings between Deutsche Bahn AG and DSB

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 April 2009 (Case R 1380/2007-1) and the decision of the Opposition Division of OHIM of 26 July 2007;

2. Orders OHIM to pay the costs incurred by Deutsche Bahn AG for the purposes of the present judicial proceedings and the proceedings before the Board of Appeal;

3. Orders OHIM and DSB to bear their own costs.

(1) OJ C 220, 12.9.2009.
1.

Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 9 December 2008 in Case F-52/05 Q v Commission, not yet published in the ECR, in so far as, at paragraph 2 of the operative part of the judgment, it orders the Commission of the European Communities to pay to Q compensation in the sum of EUR 500 together with the sum of EUR 15 000, in so far as that sum is intended to make reparation for the non-material damage suffered by Q as a result of the delay in opening the administrative inquiry, and, for the purpose of dismissing the application at first instance as to the remainder at paragraph 3 of the operative part, rules, at paragraphs 147 to 189 of the grounds of the judgment, on ‘the complaint of psychological harassment raised by [Q]’ and, at paragraph 230 of the grounds, finds that there is no need to rule on the claim for annulment of Q’s career development reports drawn up in respect of the periods from 1 January to 31 October and from 1 November to 31 December 2003, respectively.
EN Official Journal of the European Union C 340/17

Judgment of the General Court of 6 October 2011 — Honda Motor v OHIM — Blok (BLAST)

(Case T-425/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BLAST - Earlier Community and Benelux word marks BLAST - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Council Regulation (EC) No 207/2009 - Weak distinctive character of the earlier marks)

2011/C 340/33

Language of the case: English

Parties

Applicant: Honda Motor Co. Ltd (Tokyo, Japan) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Hendrik Blok (Oudenaarde, Belgium)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1097/2008-1), relating to opposition proceedings between Mr Hendrik Blok and Honda Motor Co. Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Honda Motor Co. Ltd to pay the costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 311/42

Judgment of the General Court of 9 September 2011 — Ergo Versicherungsgruppe v OHIM — DeguDent (ERGO)

(Case T-382/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ERGO - Prior Community and national word marks CERGO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Duty to rule on the entirety of the action - Scope of the examination to be carried out by the Board of Appeal - Article 64(1) of Regulation No 207/2009)

2011/C 311/76

Language of the case: German

Parties

Applicant: Ergo Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A.W. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: DeguDent GmbH (Hanau, Germany) (represented by: initially W. Blau, then W. Blau, D. Kaya and C. Kusulis, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008-4) concerning opposition proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG

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 23 July 2009 (Case R 44/2008-4) in so far as the Board of Appeal omitted to rule on the action brought before it as regards the goods in Class 5

2. Dismisses the remainder of the action;

3. Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM to bear their own costs.

(1) OJ C 297, 5.12.2009.
EN Official Journal of the European Union C 32/21

Judgment of the General Court of 16 December 2011 — Rintisch v OHIM — Valfleuri Pâtes alimentaires (PROTIACTIVE)

(Case T-152/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark PROTIACTIVE - Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER - Late submission of documents - Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) - Concept of a provision to the contrary - Rule 20(1) of Regulation (EC) No 2868/95 - Rule 50(1) of Regulation No 2868/95)

2012/C 32/39

Language of the case: English

Parties

Applicant: Bernhard Rintisch (Bottrop, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Valfleuri Pâtes alimentaires SA (Wittenheim, France) (represented by: F. Baujoin, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2009 (Case R 1661/2007-4) relating to opposition proceedings between Bernhard Rintisch and Valfleuri Pâtes alimentaires SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Bernhard Rintisch to pay the costs.

(1) OJ C 153, 4.7.2009.
EN Official Journal of the European Union C 6/13

Judgment of the General Court of 16 November 2011 — McLoughney v OHIM — Kern (Powerball)

(Case T-484/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Powerball - Earlier unregistered word mark POWERBALL - Relative grounds for refusal - Article 8(3) and (4) of Regulation (EC) No 207/2009)

2012/C 6/20

Language of the case: German

Parties

Applicant: Rory McLoughney (Thurles, Ireland) (represented by: J. Stratford Lysandrides, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ernst Kern (Zahling, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 September 2009 (Case R 1547/2006-4), relating to opposition proceedings between Mr Rory McLoughney and Mr Ernst Kern

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Rory McLoughney to pay the costs.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 133/23

Judgment of the General Court of 22 March 2012 — Slovak Telekom v Commission

(Joined Cases T-458/09 and T-171/10) (1)

(Competition - Administrative procedure - Decisions requesting information - Necessity for the information sought - Principle of good administration - Obligation to state the reasons on which the decision is based - Proportionality)

2012/C 133/44

Language of the case: English

Parties

Applicant: Slovak Telekom a.s. (Bratislava, Slovakia) (represented: initially by M. Maier, L. Kjølbye and D. Geradin, and subsequently by L. Kjølbye, D. Geradin and G. Berrisch, lawyers)

Defendant: European Commission (represented: in Case T-458/09, by F. Castillo de la Torre and K. Mojzesowicz and in Case T-171/10, by F. Castillo de la Torre, K. Mojzesowicz and J. Bourke, Agents)

Re:

Applications for annulment, first, of Commission Decision C(2009) 6840 of 3 September 2009 relating to a proceeding pursuant to Articles 18(3) and 24(1) of Council Regulation (EC) No 1/2003 (Case COMP/39.523 — Slovak Telekom) and, second, of Commission Decision C(2010) 902 of 8 February 2010 relating to a proceeding pursuant to Articles 18(3) and 24(1) of Regulation No 1/2003 (Case COMP/39.523 — Slovak Telekom)

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Slovak Telekom a.s. to pay the costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 80/16

Judgment of the General Court of 2 February 2012 — Greece v Commission

(Case T-469/09) (1)

(EAGGF - Guarantee Section - Expenses excluded from Community financing - Tomato processing and rice storage sectors - Integrated administration and control system for certain Community aid schemes - Principle of proportionality)

2012/C 80/25

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: I.K. Chalkias and S. Papaïoannou, Agents)

Defendant: European Commission (represented by: P. Rossi and A. Markoulli, Agents)

Re:

Application of annulment of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2009 L 257, p. 28).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 250/12

Judgment of the General Court of 10 July 2012 — TF1 and Others v Commission

(Case T-520/09) (1)

(State aid - Public service broadcasting - Aid intended to be granted by the French Republic to France Télévisions - Budgetary grant for 2009 - Decision not to raise objections - Service of general economic interest - Criterion of proportionality - No serious difficulties)

2012/C 250/21

Language of the case: French

Parties

Applicants: Télévision française 1 (TF1) (Boulogne-Billancourt, France); Métropole télévision (M6) (Neuilly-sur-Seine, France); and Canal + (Issy-les-Moulineaux, France) (represented by: J.P. Hordies and C. Smits, lawyers)

Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: G. de Bergues and J. Gstalter, acting as Agents); and France Télévisions (Paris, France) (represented by: J.P. Gunther and A. Giraud, lawyers)

Re:

Application for annulment of the Commission’s decision of 1 September 2009 concerning a budgetary grant in favour of France Télévisions in so far as the Commission raises no objections in that decision regarding a budgetary grant of a maximum amount of EUR 450 million for 2009.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded;

2. Orders Télévision française 1 (TF1), Métropole télévision (M6) and Canal + to bear their own costs and to pay those incurred by the European Commission and France Télévisions;

3. Orders the French Republic to bear its own costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 217/17

Judgment of the General Court of 14 June 2012 — Vereniging Milieudefensie, Stichting Stop Luchtverontreiniging Utrecht v Commission

(Case T-396/09) (1)

(Environment - Regulation (EC) No 1367/2006 - Obligation of the Member States to protect and improve ambient air quality - Temporary exemption granted to a Member State - Request for internal review - Refusal - Measure of individual scope - Validity - Aarhus Convention)

2012/C 217/35

Language of the case: Dutch

Parties

Applicants: Vereniging Milieudefensie (Amsterdam, Netherlands), Stichting Stop Luchtverontreiniging Utrecht (Utrecht, Netherlands) (represented by: A. van den Biesen, lawyer)

Defendant: European Commission (represented: initially by P. Oliver, W. Roels and A. Alcover San Pedro, subsequently by P. Oliver, A. Alcover San Pedro and E. Manhaeve, and finally by P. Oliver, A. Alcover San Pedro and B. Burggraaf, Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, J. Langer and M. de Ree, Agents); European Parliament (represented initially by L. Visaggio and A. Baas, and subsequently by L. Visaggio and G. Corstens, Agents); and Council of the European Union (represented by: M. Moore and F. Naert, Agents)

Re:

Application for annulment of Commission Decision C(2009) 6121 of 28 July 2009 rejecting as inadmissible the applicants’ request for review by the Commission of Decision C(2009) 2560 final of 7 April 2009 granting the Kingdom of the Netherlands a temporary exemption from the obligations laid down in Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ 2008 L 152, p. 1)

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2009) 6121 of 28 July 2009;

2. Orders the European Commission to bear, in addition to its own costs, the costs incurred by Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht, including those relating to the proceedings for interim relief;

3. Orders the Kingdom of the Netherlands, the European Parliament and the Council of the European Union to bear their own costs.

(1) OJ C 297, 5.12.2009.