ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 232/26

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

(Case T-479/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER Garden - 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 232/46

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 24 September 2009 (Case R 1044/2008-4) 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 24 September 2009 (Case R 1044/2008-4) 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 311/43

Judgment of the General Court of 15 September 2011 — Centrotherm Systemtechnik v OHIM — centrotherm Clean Solutions (CENTROTHERM)

(Case T-434/09) (1)

(Community trade mark - Revocation proceedings - Community word mark CENTROTHERM - Genuine use of the mark - Article 51(1)(a) of Regulation (EC) No 207/2009 - Examination of the facts of the Office’s own motion - Article 76(1) of Regulation No 207/2009 - Admissibility of new evidence - Article 76(2) of Regulation No 207/2009 - Plea of illegality - Rule 40(5) of Regulation (EC) No 2868/95)

2011/C 311/78

Language of the case: German

Parties

Applicant: Centrotherm Systemtechnik GmbH (Brilon, Germany) (represented by: J. Albrecht and U. Vormbrock, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and R. Manea, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: centrotherm Clean Solutions GmbH & Co. KG (Blaubeuren, Germany) (represented by: O. Löffel, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 (Case R 6/2008-4) relating to revocation proceedings between centrotherm Clean Solutions GmbH & Co. KG and Centrotherm Systemtechnik GmbH

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Centrotherm Systemtechnik GmbH to pay the costs;

3. Orders centrotherm Clean Solutions GmbH & Co. KG to bear its own costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 305/6

Judgment of the General Court of 8 September 2011 — MIP Metro v OHIM — Metronia (METRONIA)

(Case T-525/09) (1)

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

2011/C 305/07

Language of the case: English

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, 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 General Court: Metronia, SA (Madrid, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2009 (Case R 1315/2006-1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MIP Metro Group Intellectual Property GmbH & Co. KG to pay the costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 355/17

Judgment of the General Court of 20 October 2011 — COR Sitzmöbel Helmut Lübke v OHIM — El Corte Inglés (COR)

(Case T-214/09) (1)

(Community trade mark - Opposition proceedings - Application for territorial extension of the protection of an international registration - Word mark COR - Earlier Community word mark CADENACOR - 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) - Similarity of the signs - Similarity of the goods)

2011/C 355/28

Language of the case: English

Parties

Applicant: COR Sitzmöbel Helmut Lübke GmbH & Co. KG (Rheda-Wiedenbrück, Germany) (represented by: Y.-G. von Amsberg and A.-S. Loesenbeck, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, M.E. López Camba and Seijo Veiguela, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 March 2009 (Case R 376/2008-2) concerning opposition proceedings between El Corte Inglés, SA, and COR Sitzmöbel Helmut Lübke GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders COR Sitzmöbel Helmut Lübke GmbH & Co. KG to pay the costs.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 331/18

Judgment of the General Court of 27 September 2011 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL)

(Case T-207/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark NC NICKOL - Earlier Community figurative mark NIKE - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(5) of Regulation No 40/94)

2011/C 331/32

Language of the case: English

Parties

Applicant: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, 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, intervener before the General Court: Nike International Ltd (Beaverton, Oregon, United States of America) (represented by: M. de Justo Bailey, lawyer)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 554/2008-2) relating to opposition proceedings between Nike International Ltd and Mustapha El Jirari Bouzekri.

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 25 February 2009 (Case R 554/2008-2).

2. Orders OHIM to bear its own costs and to pay those incurred by Mustapha El Jirari Bouzekri. Nike International shall pay its own costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 73/26

Judgment of the General Court of 1 February 2012 — Région wallonne v Commission

(Case T-237/09) (1)

(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National emission allowance allocation plan for Belgium in respect of the period from 2008 to 2012 - Article 44 of Regulation (EC) No 2216/2004 - Subsequent correction - New entrant - Decision instructing the Central Administrator of the Community independent transaction log to enter a correction into the national allocation plan table)

2012/C 73/50

Language of the case: French

Parties

Applicant: Région wallonne (Belgium) (represented by: J.-M. De Backer, A. Lepièce, I.-S. Brouhns and S. Engelen, lawyers)

Defendant: European Commission (represented by: E. White and O. Beynet, Agents)

Re:

Application for partial annulment of the Commission’s decision of 27 March 2009 relating to the national plan for the allocation of greenhouse gas emission allowances notified by the Kingdom of Belgium for the period from 2008 to 2012, instructing the Central Administrator to enter a correction to the Belgian national allocation plan table into the Community independent transaction log.

Operative part of the judgment

The Court:

1. Annuls the Commission’s decision of 27 March 2009 instructing the Central Administrator to enter a correction to the Belgian national allocation plan table into the Community independent transaction log, in so far as it contains a refusal to instruct the Central Administrator to enter an allowance allocation correction in favour of installation No 116 named ‘Arcelor-Cockerill Sambre_HF6_Seraing’, as requested by the Kingdom of Belgium in its letter of 18 February 2009;

2. Orders the European Commission to pay the costs.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 32/22

Judgment of the General Court of 13 December 2011 — Goodyear Dunlop Tyres UK v OHIM — Sportfive (QUALIFIER)

(Case T-424/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark QUALIFIER - Earlier Community word mark Qualifiers 2006 - Refusal to register - Relative ground for refusal - Likelihood of confusion - article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 32/42

Language of the case: German

Parties

Applicant: Goodyear Dunlop Tyres UK Ltd (Birmingham, United Kingdom) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sportfive GmbH & Co. KG (Cologne, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 August 2009 (Case R 1291/2008-4) relating to opposition proceedings between Sportfive GmbH & Co. KG and Goodyear Dunlop Tyres UK Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Goodyear Dunlop Tyres UK Ltd to pay the costs.

(1) OJ C 312, 19.12.2009.
EN Official Journal of the European Union C 217/18

Judgment of the General Court of 7 June 2012 — Mada Pharma v OHIM — Nycomed (ALLERNIL)

(Joined Cases T-492/09 and T-147/10) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark ALLERNIL - Application for Community word mark ALLERNIL - Earlier national word mark ALLERGODIL - Relative ground of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Grounds - Article 75 of Regulation No 207/2009)

2012/C 217/36

Language of the case: German

Parties

Applicant: Mada Pharma GmbH & Co. KG (Bad Homburg von der Höhe, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: B. Schmidt, then by D. Walicka and, finally by G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nycomed GmbH (Constance, Germany) (represented initially by: A. Ferchland, then by A. Ferchland and K. Trautmann, lawyers)

Re:

Two actions brought against two decisions of the Fourth Board of Appeal of OHIM of 29 September 2009 (Cases R 1386/2007-4 and R 697/2007-4), relating to opposition proceedings between Meda Pharma GmbH & Co. KG and Nycomed GmbH.

Operative part of the judgment

The Court:

1. Dismisses the actions.

2. Orders Meda Pharma GmbH & Co. KG to pay the costs incurred in Joined Cases T-492/09 and T-147/10.

(1) OJ C 37, 13.2.2010.
EN Official Journal of the European Union C 126/13

Judgment of the General Court of 15 March 2012 — Evropaïki Dynamiki v Commission

(Case T-236/09) (1)

(Public service contracts - Tendering procedure - External service provision for development, studies and support of information systems - Rejection of a tenderer’s bids - Obligation to state reasons - Equal treatment - Transparency - Manifest error of assessment - Non-contractual liability)

2012/C 126/26

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission (represented initially by N. Bambara and subsequently by E. Manhaeve, Agents, and by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

APPLICATION, first, for annulment of the Commission’s decisions of 27 March 2009 rejecting the applicant’s tenders for, respectively, lot 1, ‘On-site development expertise (intra muros)’, and lot 2, ‘Off-site development (extra muros)’, in Call for Tenders RTD-R4-2007-001 on external service provision for development, studies and support of information systems for the Commission (OJ 2007 S 238), and the decisions to award the lots to other tenderers and, second, for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and those incurred by the European Commission.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 343/13

Judgment of the General Court of 20 September 2012 — Poland v Commission

(Case T-333/09) (1)

(EAGGF - Modulation - Allocation between the Member States of savings made - Distinction between the old Member States and those which acceded to the European Union in 2004 - Article 9(2) of Regulation (EC) No 73/2009 - Solidarity - Equal treatment - Duty to state reasons)

2012/C 343/18

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented: initially by M. Dowgielewicz, and subsequently by M. Szpunar, B. Majczna and D. Krawczyk, Agents)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart and M. Owisany-Hornung, Agents)

Re:

Application for partial annulment of Commission Decision 2009/444 of 10 June 2009 allocating the amounts resulting from the modulation provided for in Articles 7 and 10 of Council Regulation (EC) No 73/2009 to the Member States for the years 2009 to 2012 (OJ 2009 L 148, p. 29) in so far as Annex I allocates to Member States for 2012 the amounts resulting from the modulation provided for in Article 9(2) and (3) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Republic of Poland to pay the costs.

(1) OJ C 267, 7.11.2009.
1.

Annuls Article 1 of Commission Decision C(2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 [EC] (Case COMP/39.401 — E.ON/GDF), first, inasmuch as it found that the duration of the infringement was from 1 January 1980 until at least 24 April 1998 as regards the infringement committed in Germany and, secondly, inasmuch as it found that an infringement was committed in France from 13 August 2004 to 30 September 2005;
EN Official Journal of the European Union C 399/16

Judgment of the General Court of 14 November 2012 — Nexans France and Nexans v Commission

(Case T-135/09) (1)

(Competition - Administrative procedure - Action for annulment - Acts adopted during an inspection - Intermediate measures - Inadmissibility - Decision ordering an inspection - Obligation to state the reasons on which the decision is based - Protection of privacy - Reasonable grounds - Review by the Courts)

2012/C 399/27

Language of the case: English

Parties

Applicants: Nexans France SAS (Paris, France) and Nexans SA (Paris) (represented by: M. Powell, solicitor, J.-P. Tran-Thiet, avocat, and G. Forwood, barrister)

Defendant: European Commission (represented initially by X. Lewis and N. von Lingen, and subsequently by N. von Lingen and V. Di Bucci, acting as Agents)

Re:

Application for (i) annulment of Commission decision C(2009) 92/1 of 9 January 2009 ordering Nexans SA and its subsidiary Nexans France SAS to submit to an inspection in accordance with Article 20, paragraph 4, of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1) (Case COMP/39.610); (ii) a declaration that the decision taken by the Commission during that inspection to copy in their entirety the content of certain computer files, in order to examine them in its offices, is unlawful; (iii) annulment of the decision taken by the Commission to interview an employee of Nexans France during the inspection; and (iv) an order directing the Commission to take certain action.

Operative part of the judgment

The Court:

1. Annuls Commission decision C(2009) 92/1 of 9 January 2009 ordering Nexans SA and all companies directly or indirectly controlled by it, including Nexans France SAS, to submit to an inspection in accordance with Article 20, paragraph 4, of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC], in so far as it concerns electric cables other than high voltage underwater and underground electric cables and the material associated with those other cables;

2. Dismisses the action as to the remainder;

3. Orders Nexans and Nexans France to bear their own costs and to pay half of the costs incurred by the European Commission;

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

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 355/21

Judgment of the General Court of 27 September 2012 — Fedecom v Commission

(Case T-243/09) (1)

(State aid - Fruit and vegetable sector - ‘Contingency plans’ aimed at supporting the fruit and vegetable market in France - Decision declaring the aid to be incompatible with the common market - Concept of State aid - State resources - Joint financing by a public body and by voluntary contributions from producer organisations - Arguments contrary to the facts submitted during the administrative proceedings - Operating aid - Legitimate expectation)

2012/C 355/42

Language of the case: French

Parties

Applicant: Fédération de l’organisation économique fruits et légumes (Fedecom) (Paris, France) (represented by: C. Galvez, lawyer)

Defendant: European Commission (represented by: B. Stromsky, acting as Agent)

Re:

Application for annulment of Commission Decision C(2009) 203 final of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by the French Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fédération de l’organisation économique fruits et légumes (Fedecom) to pay the costs.

(1) OJ C 205, 29.8.2009.
EN Official Journal of the European Union C 313/19

Judgment of the General Court of 12 September 2013 — Italy v Commission

(Case T-126/09) (1)

(Languages - Notices of open competition for the recruitment of administrators - Full publication in three official languages - Information concerning the notices of open competitions - Publication in all official languages - Language of the tests - Choice of second language from three official languages)

2013/C 313/34

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented initially by: J. Currall and J. Baquero Cruz, and subsequently by: J. Currall and G. Gattinara, acting as Agents)

Re:

Application for annulment of Notices of open competitions EPSO/AD/144/09 in the field of public health, EPSO/AD/145/09 in the field of food safety (policy and legislation) and EPSO/AD/146/09 in the field of food safety (audit, inspection and assessment), to constitute a reserve list of administrators (AD 5) with Bulgarian, Cypriot, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovenian citizenship, published in the English, French and German versions of the Official Journal of the European Union of 14 January 2009 (OJ 2009, C 9 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls the notices of open competitions EPSO/AD/144/09 in the field of public health, EPSO/AD/145/09 in the field of food safety (policy and legislation) and EPSO/AD/146/09 in the field of food safety (audit, inspection and assessment), to constitute a reserve list of administrators (AD 5) with Bulgarian, Cypriot, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovenian citizenship, published in the English, French and German versions of the Official Journal of the European Union of 14 January 2009;

2. Orders the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 129, 6.6.2009.
EN Official Journal of the European Union C 63/18

Judgment of the General Court of 22 January 2013 — Greece v Commission

(Case T-46/09) (1)

(EAGGF - ‘Guarantee’ Section - Expenditure excluded from financing - Processing of citrus fruits, cotton, beef and olive oil - Financial audit - Key checks - Proportionality - Recurrence - Obligation to state reasons)

2013/C 63/34

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: V. Kontolaimos, I. Chalkias, S. Charitaki and S. Papaïoannou, acting as Agents)

Defendant: European Commission (represented by: A. Markoulli and H. Tserepa-Lacombe, acting as Agents, assisted by N. Korogiannakis)

Re:

Application for annulment of Commission Decision 2008/960/EC of 8 December 2008 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) and under the European Agricultural Guarantee Fund (EAGF) (OJ 2008 L 340, p. 99), in so far as it excludes from Community financing certain expenditure incurred by the Hellenic Republic.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 90, 18.4.2009.