ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 282/45

Judgment of the Court of First Instance of 30 September 2009 — Skareby v Commission

(Case T-193/08 P) (1)

(Appeal - Staff case - Officials - Reports - Career development report - Appraisal year 2004 - Fixing of objectives and communication of appraisal criteria)

2009/C 282/86

Language of the case: French

Parties

Appellant: Carina Skareby (Louvain, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and K. Herrmann, Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 6 March 2008 in Case F-46/06 Skareby v Commission, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 6 March 2008 in Case F-46/06 Skareby v Commission, not published in the ECR, to the extent that the Civil Service Tribunal dismissed the claim based on the failure to fix objectives in advance, the failure to communicate the appraisal criteria in advance and Ms Carina Skareby's job description;

2. Annuls the decision of 31 August 2005 establishing Ms Skareby's career development report for the period from 1 January to 31 December 2004 to the extent that it concerns point 6.1, entitled ‘Efficiency’;

3. For the rest, dismisses the action brought before the Civil Service Tribunal as Case F-46/06;

4. Orders the Commission of the European Communities to pay, in their entirety, the costs of the present instance and of the procedure before the Civil Service Tribunal.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 113/41

Judgment of the General Court of 18 March 2010 — Centre de coordination Carrefour v Commission

(Case T-94/08) (1)

(Actions for annulment - State aid - Aid scheme for coordination centres established in Belgium - New decision of the Commission adopted following partial annulment by the Court - No interest in bringing proceedings - Inadmissibility)

2010/C 113/65

Language of the case: French

Parties

Applicant: Centre de coordination Carrefour SNC (Brussels, Belgium) (represented by: X. Clarebout and K. Platteau, Lawyers)

Defendant: European Commission (represented by: J.-P. Keppenne, Agent)

Re:

Action for the annulment of Commission Decision 2008/283/EC of 13 November 2007 amending Decision 2003/757/EC on the aid scheme implemented by Belgium for coordination centres established in Belgium (OJ 2008 L 90, p. 7), in so far as it does not provide an adequate transitional period.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Centre de coordination Carrefour SNC to pay the costs.

(1) OJ C C 92, 12.4.2008.
EN Official Journal of the European Union C 24/49

Judgment of the General Court of 9 December 2009 — Commission v Birkhoff

(Case T-377/08 P) (1)

(Appeal - Staff case - Officials - Social security - Health insurance - Reimbursement of medical expenses - Annulment at first instance of the decision refusing the prior authorisation for reimbursement of the costs of acquisition of a wheelchair - Distortion of the clear sense of evidence)

2010/C 24/86

Language of the case: German

Parties

Appellant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents)

Other party to the proceedings: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal (First Chamber) of 8 July 2008 in Case F 76/07 Birkhoff v Commission, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 8 July 2008 in Case F-76/07 Birkhoff v Commission, not published in the ECR;

2. Sets aside the decision of the Settlements Office of 8 November 2006.

3. Orders Mr Gerhard Birkhoff and the European Commission to bear their own costs in relation to the present instance.

4. Orders the Commission to pay all the costs relating to the proceedings at first instance.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 179/33

Judgment of the General Court of 12 May 2010 — Beifa Group v OHIM — Schwan-Stabilo Schwanhaüßer (Instrument for writing)

(Case T-148/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing an instrument for writing - Earlier national figurative mark - Ground for invalidity - Use in the Community design of an earlier sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal)

2010/C 179/56

Language of the case: English

Parties

Applicant: Beifa Group Co. Ltd (Ningbo, Zhejiang, China) (represented by: R. Davis, Barrister, and N. Cordell, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Schwan-Stabilo Schwanhaüßer GmbH & Co. KG (Heroldsberg, Germany) (represented by: U. Blumenröder and H. Gauß, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 31 January 2008 (Case R 1352/2006-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhaüßer GmbH & Co. KG and Ningo Beifa Group Co., Ltd in respect of a Community design.

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 January 2008 (Case R 1352/2006-3);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and to pay those incurred by Beifa Group Co. Ltd, and orders Schwan Stabilo Schwanhaüßer GmbH & Co. KG to bear its own costs.

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 148/28

Judgment of the General Court of 21 April 2010 — Peek & Cloppenburg and van Graaf v OHIM — Queen Sirikit Institute of Sericulture (Thai Silk)

(Case T-361/08) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark Thai Silk - Earlier national figurative trade mark representing a winged creature - Admissibility of the action - 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))

2010/C 148/50

Language of the case: German

Parties

Applicants: Peek & Cloppenburg (Hamburg, Germany); and van Graaf GmbH & Co. KG (Vienna, Austria) (represented by: V. von Bomhard, A. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: The Queen Sirikit Institute of Sericulture, Office of the Permanent Secretary, Ministry of Agriculture and Cooperatives, Thailand (Bangkok, Thailand), replaced by the Office of the Permanent Secretary, The Prime Minister’s Office, Thailand (represented by: A. Kockläuner, lawyer)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 June 2008 (Case R 1677/2007-4), relating to opposition proceedings between Peek & Cloppenburg and the Office of the Permanent Secretary, The Prime Minister’s Office, Thailand.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Peek & Cloppenburg and van Graaf GmbH & Co. KG to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 221/40

Judgment of the General Court of 25 June 2010 — MIP Metro v OHIM — CBT Comunicación Multimedia (Metromeet)

(Case T-407/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark ‘Metromeet’ - Earlier national word mark ‘meeting metro’ - 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))

2010/C 221/64

Language of the case: German

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) (OHIM) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: CBT Comunicación Multimedia, SL (Getxo, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 June 2008 (Case R 387/2007-1) relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and CBT Comunicación Multimedia, SL.

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 12 June 2008 (Case R 387/2007-1) concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and CBT Comunicación Multimedia, SL.

2. Orders OHIM to pay the costs.

(1) OJ C 327, 20.12.2008.
EN Official Journal of the European Union C 209/37

Judgment of the General Court of 18 June 2010 — Luxembourg v Commission

(Case T-549/08) (1)

(ESF - Suspension of financial aid - Campaign against discrimination and inequality in the employment market - Serious failings in the system of management and monitoring which could lead to systemic irregularities - Article 39(2)(c) of Regulation (EC) No 1260/1999 - Legitimate expectations)

2010/C 209/55

Language of the case: French

Parties

Applicant: Grand Duchy of Luxembourg (represented by: M. Fisch, acting as Agent, and P. Kinsch, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and B. Conte, acting as Agents)

Re:

Application for annulment of Commission Decision C(2008) 5383 of 24 September 2008 on the suspension of interim payments from the European Social Fund (ESF) to the single programming document for Community structural interventions falling under Objective No 3 to Luxembourg, and Commission Decision C(2008) 5730 of 6 October 2008 on the suspension of interim payments from the Community initiative to combat discrimination and inequality in the employment market (EQUAL) to Luxembourg.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 44, 21.2.2009.
Official Journal of the European Union

Judgment of the General Court of 9 September 2010 — Axis v OHIM — Etra Investigación y Desarrollo (ETRAX)

(Case T-70/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ETRAX - Earlier national figurative marks containing the word elements ETRA I+D - Relative ground for refusal - Admissibility of the appeal before the Board of Appeal - Rule 49(1) of Regulation (EC) No 2868/95 and Article 59 of Regulation (EC) No 40/94 (now Article 60 of Regulation (EC) No 207/2009))

(2010/C 288/62)

Language of the case: English

Parties

Applicant: Axis AB (Lund, Sweden) (represented by: J. Norderyd, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Etra Investigación y Desarrollo, SA (Valencia, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 334/2007-2) relating to opposition proceedings between Etra Investigación y Desarrollo, SA and Axis AB.

Operative part of the order

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 27 November 2007 (Case R 334/2007-2) relating to opposition proceedings between Etra Investigación y Desarrollo, SA and Axis AB;

2. Orders OHIM to bear its own costs and to pay those incurred by Axis AB.

(1) OJ C 107, 26.4.2008.
EN Official Journal of the European Union C 234/33

Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a horse)

(Case T-386/08) (1)

(Community trade mark - Application for a Community figurative mark representing a horse - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

2010/C 234/57

Language of the case: German

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A. Dustmann, lawyers)

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

Re:

Action brought against the decision of 7 July 2008 of the First Board of Appeal of OHIM (Case R 1730/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a horse

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 13/23

Judgment of the General Court of 23 November 2010 — Codorniu Napa v OHIM — Bodegas Ontañón (ASTESA NAPA VALLEY)

(Case T-35/08) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark ARTESA NAPA VALLEY - Earlier figurative Community trade mark ARTESO and earlier national word mark LA ARTESA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 13/42

Language of the case: Spanish

Parties

Applicant: Codorniu Napa, Inc. (Napa, California, United States) (represented by: X. Fàbrega Sabaté and M. Curell Aguilà, lawyers, and subsequently by M. Curell Aguilà and J. Güell Serra, lawyers)

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: Bodegas Ontañón, SA (Quel, La Rioja, Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 November 2007 (Case R 747/2006-4), concerning opposition proceedings between Bodegas Ontañón, SA and Codorniu Napa, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Codorniu Napa, Inc., to pay the costs.

(1) OJ C 92, 12.4.2008.
EN Official Journal of the European Union C 301/27

Judgment of the General Court of 13 September 2010 — Enercon v OHIM — BP (ENERCON)

(Case T-400/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ENERCON - Earlier Community word mark ENERGOL - 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) - Partial refusal to register)

2010/C 301/45

Language of the case: English

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm, lawyer)

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: BP plc (London, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2008 (Case R 957/2006-4), relating to opposition proceedings between BP plc and Enercon GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Enercon GmbH to pay the costs.

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 63/26

Judgment of the General Court of 18 January 2011 — Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE)

(Case T-382/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))

2011/C 63/49

Language of the case: English

Parties

Applicant: Advance Magazine Publishers Inc. (New York, United States) (represented by: M. Esteve Sanz, 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: J. Capela & Irmãos, Lda (Porto, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 June 2008 (Case R 328/2003-2) relating to opposition proceedings between J. Capela & Irmãos, Lda and Advance Magazine Publishers, Inc.

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 30 June 2008 (Case R 328/2003-2);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.

(1) OJ C 301, 22.11.2008.
1.

Orders Acentro Turismo SpA to pay the European Commission the principal sum of EUR 13 497,46, the sum of EUR 2 278,55 in late payment interest due at the date on which the application in the action was lodged and late payment interest on those amounts calculated in accordance with the rates in effect from 10 October 2008 until the date of full payment of the principal sum owing.
EN Official Journal of the European Union C 211/23

Judgment of the General Court of 7 June 2011 — Psytech International v OHIM — Institute for Personality & Ability Testing (16PF)

(Case T-507/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark 16PF - Absolute grounds for refusal - Distinctive character - No descriptive character - No signs which have become customary - No bad faith - Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009))

2011/C 211/50

Language of the case: English

Parties

Applicant: Psytech International Ltd (Pulloxhill, United Kingdom) (represented by: N. Phillips, Solicitor and N. Saunders, Barrister)

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

Other party to the proceedings before the Board of Appeal of OHIM intervener before the General Court: Institute for Personality & Ability Testing, Inc. (Champaign, United States) (represented by: G. Hobbs QC and A. Chaudri, Solicitor)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Psytech International Ltd to pay the costs.

(1) OJ C 19, 24.1.2009.
EN Official Journal of the European Union C 160/16

Judgment of the General Court of 14 April 2011 — Lancôme v OHIM — Focus Magazin Verlag (ACNO FOCUS)

(Case T-466/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ACNO FOCUS - Earlier national word mark FOCUS - 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) - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009))

2011/C 160/20

Language of the case: English

Parties

Applicant: Lancôme parfums et beauté & Cie (Paris, France) (represented by: A. von Mühlendahl and J. Pagenberg, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: R. Schweizer and J. Berlinger, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 July 2008 (Case R 1796/2007-1) relating to opposition proceedings between Focus Magazin Verlag GmbH and Lancôme parfums et beauté & Cie.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lancôme parfums et beauté & Cie to pay the costs.

(1) OJ C 6, 10.1.2009.
EN Official Journal of the European Union C 311/37

Judgment of the General Court of 9 September 2011 — LPN v Commission

(Case T-29/08) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Refusal of access - Documents concerning proceedings for failure to fulfil obligations concerning a dam project on the river Sabor - Exception concerning the protection of the objectives of inspections, investigations and audits - Environmental information - Regulation (EC) No 1367/2006 - Obligation to carry out a specific and individual examination - Overriding public interest)

2011/C 311/65

Language of the case: Portuguese

Parties

Applicant: Liga para Protecção de Natureza (LPN) (Lisbon, Portugal) (represented by: P. Vinagre e Silva, lawyer)

Defendant: European Commission (represented by: P. Costa de Oliveira and D. Recchia, agents)

Interveners in support of the applicant: Kingdom of Denmark (represented initially by B. Weis Fogh, then by C. Vang, agents); Republic of Finland (represented initially by J. Heliskoski, A. Guimaraes-Purokoski, M. Pere and H. Leppo, then by J. Heliskoski and A. Guimaraes-Purokoski, agents); and Kingdom of Sweden (represented by: A. Falk, S. Johannesson and K. Petkovska, Agents)

Re:

Action for annulment of the Commission decision of 22 November 2007 confirming the refusal to grant access to the documents contained in the file relating to proceedings for failure to fulfil obligations brought against the Portuguese Republic concerning a dam construction project on the river Sabor (Portugal) which could infringe Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ 1979 L 103, p. 1) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

Operative part of the judgment

The Court:

1. Dismisses the action in so far at it relates to documents and parts of documents to which access was refused to the Liga para Protecção de Natureza (LPN) in Commission Decision SG.E.3/MIB/psi D(2008) 8639 of 24 October 2008;

2. Rules that there is no further need to adjudicate as to the remainder;

3. Orders the LPN to bear its own costs and those incurred by the European Commission;

4. Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.

(1) OJ C 79, 29.3.2008.