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

Judgment of the General Court of 8 July 2020 — Portugal v Commission

(Case T-38/19) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Non-compliance with cross-compliance rules - Tolerance and leniency in sanctions - Flat-rate financial correction - Assessment of financial damage to the EU - Proportionality - Legitimate expectations)

(2020/C 339/16)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, P. Barros da Costa, J. Saraiva de Almeida and P. Estêvão, acting as Agents)

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

Re:

Application under Article 263 TFEU seeking partial annulment of Commission Implementing Decision (EU) 2018/1841 of 16 November 2018 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2018 L 298, p. 34).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 103, 18.3.2019.
Official Journal of the European Union

Judgment of the General Court of 8 July 2020 — Pablosky v EUIPO — docPrice (mediFLEX easySTEP)

(Case T-21/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark mediFLEX easySTEP - Earlier EU figurative mark Stepeasy - Relative grounds for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 313/37)

Language of the case: English

Parties

Applicant: Pablosky, SL (Madrid, Spain) (represented by: M. Centell, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, H. O’Neill and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: docPrice GmbH (Koblenz, Germany) (represented by: K. Landes, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 November 2018 (Case R 76/2018-4), relating to opposition proceedings between Pablosky and docPrice.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2018 (Case R 76/2018-4), relating to opposition proceedings between Pablosky, SL and docPrice GmbH, in so far as it concerns ‘clothing’ and ‘headgear’ in Class 25 of the Nice Agreement;

2. Dismisses the appeal which docPrice brought before the Board of Appeal of EUIPO in so far as it concerns the goods referred to in point 1;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 82, 4.3.2019.
Judgment of the General Court of 23 September 2020 — Seven v EUIPO (7Seven)

(Case T-557/19) (1)

(EU trade mark - EU figurative mark 7Seven - No request for renewal of the registration of the trade mark - Cancellation of the mark on expiry of the registration - Article 53 of Regulation (EU) 2017/1001 - Application for restitutio in integrum submitted by a licensee - Article 104(1) of Regulation 2017/1001 - Duty of due care)

(2020/C 390/48)

Language of the case: English

Parties

Applicant: Seven SpA (Leinì, Italy) (represented by: L. Trevisan, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 June 2019 (Case R 2076/2018-5), relating to an application for restitutio in integrum of the right to request the renewal of the EU figurative mark 7Seven.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Seven SpA to pay the costs.

(1) OJ C 328, 30.9.2019.
Official Journal of the European Union

Judgment of the General Court of 9 September 2020 — Daw v EUIPO (SOS Innenfarbe)

(Case T-625/19) (1)

(EU trade mark - Application for EU word mark SOS Innenfarbe - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Descriptiveness - Article 7(1)(c) of Regulation 2017/1001)

(2020/C 378/38)

Language of the case: German

Parties

Applicant: Daw SE (Ober-Ramstadt, Germany) (represented by: A. Haberl, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 July 2019 (Case R 277/2019-4), concerning an application for registration of the word sign SOS Innenfarbe as an EU trade mark.

Operative part of the judgment

1. The action is dismissed.

2. Daw SE is ordered to pay the costs.

(1) OJ C 372, 4.11.2019.
Official Journal of the European Union

Judgment of the General Court of 5 October 2020 — CU v Committee of the Regions

(Case T-487/19) (1)

(Civil service - Officials - Basic monthly salaries of officials recruited before 1 May 2004 - Application of a multiplication factor of less than one - Reduction of the multiplication factor - Error of law - Equal treatment - Legitimate expectations)

(2020/C 423/52)

Language of the case: French

Parties

Applicant: CU (represented by: T. Martin and S. Orlandi, lawyers)

Defendant: Committee of the Regions (represented by: B. Rentmeister, acting as Agent, and by A. Dal Ferro, lawyer)

Intervener in support of the defendant: European Commission (represented by: T. Bohr, T. Lilamand and B. Mongin, acting as Agents)

Re:

Action brought under Article 270 TFEU seeking annulment of the Committee of the Regions’ decision of 18 October 2018 promoting the applicant to grade AD 14, step 1, in so far as it set his multiplication factor at 0,9589951.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CU and the Committee of the Regions to bear their own costs;

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

(1) OJ C 295, 2.9.2019.
Official Journal of the European Union

Judgment of the General Court of 23 September 2020 — Osório & Gonçalves v EUIPO — Miguel Torres (in.fi.ni.tu.de)

(Case T-601/19) (1)

(EU trade mark - Opposition proceedings - Application for the figurative EU trade mark in.fi.ni.tu.de - Earlier national word mark INFINITE - Admissibility of evidence - Genuine use of the earlier mark - Article 47(2) and (3) and Article 95(1) of Regulation (EU) 2017/1001 - Proof of genuine use - Relative grounds for refusal - Article 8(1)(b) of Regulation 2017/1001)

(2020/C 399/48)

Language of the case: English

Parties

Applicant: Osório & Gonçalves, SA (Galamares, Portugal) (represented by: D. Araújo e Sá Serras Pereira, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Miguel Torres, SA (Vilafranca del Penedès, Spain)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 July 2019 (Case R 1579/2018-5), relating to opposition proceedings between Miguel Torres and Osório & Gonçalves.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Osório & Gonçalves, SA, to pay the costs.

(1) OJ C 363, 28.10.2019.
Official Journal of the European Union

Judgment of the General Court of 18 November 2020 — Topcart v EUIPO — Carl International (TC CARL)

(Case T-378/19) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark TC CARL - Earlier national figurative mark CARL TOUCH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2021/C 19/49)

Language of the case: German

Parties

Applicant: Topcart GmbH (Wiesbaden, Germany) (represented by: M. Hoffmann, lawyer)

Defendant: European Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carl International (Limonest, France) (represented by: B. Müller, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 April 2019 (Case R 1617/2018-2), relating to opposition proceedings between Carl International and Topcart.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Topcart GmbH to pay the costs.

(1) OJ C 270, 12.8.2019.
Official Journal of the European Union

Judgment of the General Court of 15 October 2020 — Body Attack Sports Nutrition v EUIPO — Sakkari (SAKKATTACK)

(Case T-851/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark SAKKATTACK - Earlier international word marks ATTACK and Body Attack and earlier international figurative mark Body Attack SPORTS NUTRITION - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 433/61)

Language of the case: English

Parties

Applicant: Body Attack Sports Nutrition GmbH & Co. KG (Hamburg, Germany) (represented by: S. Labesius, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Maria Sakkari (Nicosia, Cyprus) (represented by: M. Nikolaraki, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 (Case R 2560/2018-4), relating to opposition proceedings between Body Attack Sports Nutrition and Ms Sakkari.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Body Attack Sports Nutrition GmbH & Co. KG to pay the costs.

(1) OJ C 61, 24.2.2020.
Judgment of the General Court of 2 December 2020 — Thunus and Others v EIB

(Case T-247/19) (1)

(Civil service - EIB staff - Remuneration - Annual salary adjustment - Legal certainty - Legitimate expectations - Staff consultation - Obligation to state reasons - Proportionality)

(2021/C 35/55)

Language of the case: French

Parties

Applicants: Vincent Thunus (Contern, Luxembourg) and the other applicants whose names are set out in the annex (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, J. Klein and J. Krueck, acting as Agents, and by P.-E. Partsch, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union (i) seeking annulment of the decisions contained in the applicants’ pay slips for the month of February 2018 and the subsequent months, applying the decision of the EIB’s Board of Directors of 18 July 2017 defining a new approach to the overall increase in staff salaries applicable to all EIB staff members and the decision of the EIB’s Management Committee of 30 January 2018 fixing the adjustment rate of salaries for the year 2018 to 0,7 %, and (ii) seeking compensation for the damage allegedly suffered by the applicants as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr. Vincent Thunus and the other applicants whose names are set out in the annex to bear their own costs and to pay those incurred by the European Investment Bank (EIB).

(1) OJ C 206, 17.6.2019.
Official Journal of the European Union

Judgment of the General Court of 25 November 2020 — Brasserie St Avold v EUIPO (shape of a dark bottle)

(Case T-862/19) (1)

(EU trade mark - International registration designating the European Union - Three-dimensional sign - Shape of a dark bottle - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2021/C 28/66)

Language of the case: French

Parties

Applicant: Brasserie St Avold (Saint-Avold, France) (represented by: P. Greffe, D. Brun and F. Donaud, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 October 2019 (Case R 466/2019-4), concerning the international registration designating the European Union of a three-dimensional sign consisting of the shape of a dark bottle.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Brasserie St Avold to pay the costs.

(1) OJ C 61, 24.2.2020.
Official Journal of the European Union

Judgment of the General Court of 20 January 2021 — Apologistics v EUIPO — Peikert (discount-apotheke.de)

(Case T-844/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark discount-ap*theke.de - Earlier EU word marks APODISCOUNTER and APO and earlier figurative marks apo-discounter.de, apo.co and apo.de - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 72/34)

Language of the case: German

Parties

Applicant: Apologistics GmbH (Markkleeberg, Germany) (represented by: H. Hug (lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Franz Michael Peikert (Offenbach, Germany) (represented by: T. Bruggmann, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 October 2019 (Case R 2309/2018-5) in opposition proceedings between Apologistics and Mr Peikert.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Apologistics GmbH to pay the costs.

(1) OJ C 45, 10.2.2020.
Judgment of the General Court of 16 December 2020 — 3V Sigma v ECHA

(Case T-176/19) (1)

(REACH - Substance evaluation - UVASORB HEB - Decision of the ECHA requesting further information - Article 46(1) of Regulation (EC) No 1907/2006 - Request seeking to identify potential transformation or degradation products of the substance - Proportionality - Need for the additional study requested - Relevant conditions and realistic conditions - Study temperature - Manifest error of assessment)

(2021/C 53/44)

Language of the case: English

Parties

Applicant: 3V Sigma SpA (Milan, Italy) (represented by: C. Bryant and S. Hainsworth, Solicitors, and by D. Anderson, lawyer)

Defendant: European Chemicals Agency (represented by: A. Hautamäki, J. Alaranta and W. Broere, acting as Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented by: J. Möller, D. Klebs, and S. Heimerl, acting as Agents)

Re:

Action under Article 263 TFEU seeking the annulment in part of Decision A-004-2017 of the ECHA Board of Appeal of 15 January 2019 in so far as it dismissed the applicant’s appeal against the decision of the ECHA of 20 December 2016 requiring that further information be provided about the substance UVASORB HEB and in so far as the deadline for providing that information was set at 22 October 2020.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 3V Sigma SpA to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA), including those incurred in connection with the proceedings for interim relief;

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 172, 20.5.2019.
Judgment of the General Court of 3 February 2021 — Numbi v Council

(Case T-120/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/25)

Language of the case: French

Parties

Applicant: John Numbi (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr John Numbi to pay the costs.

(1) OJ C 139, 15.4.2019.
Judgment of the General Court of 3 February 2021 — Mutondo v Council

(Case T-119/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/24)

Language of the case: French

Parties

Applicant: Kalev Mutondo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Kalev Mutondo to pay the costs.

(1) OJ C 139, 15.4.2019.
Official Journal of the European Union

Judgment of the General Court of 24 March 2021 — Bennahmias v Parliament

(Case T-798/19) (1)

(Institutional law - Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Burden of proof - Obligation to state reasons - Error of law - Error of fact - Proportionality)

(2021/C 217/52)

Language of the case: French

Parties

Applicant: Jean-Luc Bennahmias (Marseille, France) (represented by: J.-M. Rikkers, J.-L. Teheux, M. Ganilsy and C. De Kuyper, lawyers)

Defendant: European Parliament (represented by: N. Lorenz and M. Ecker, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 16 September 2019 concerning the recovery from the applicant of a sum of EUR 29 806 unduly paid as parliamentary assistance allowance and the debit note of 19 September 2019 relating thereto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Luc Bennahmias to bear his own costs and pay those incurred by the European Parliament.

(1) OJ C 45, 10.2.2020.
Official Journal of the European Union

Judgment of the General Court of 24 February 2021 — Liga Nacional de Fútbol Profesional v EUIPO (El Clasico)

(Case T-809/19) (1)

(EU trade mark - International registration designating the European Union - Figurative mark El Clasico - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Lack of distinctive character acquired through use - Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001))

(2021/C 163/32)

Language of the case: Spanish

Parties

Applicant: Liga Nacional de Fútbol Profesional (Madrid, Spain) (represented by: C. Casas Feu and C. J. Riesco Losa, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and A. Crawcour, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 1 October 2019 (Case R 1966/2018-2), concerning the international registration designating the European Union in respect of the figurative mark El Clasico.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Liga Nacional de Fútbol Profesional to pay the costs.

(1) OJ C 27, 27.1.2020.
Official Journal of the European Union

Judgment of the General Court of 12 May 2021 — Sun Stars & Sons v EUIPO — Carpathian Springs (AQUA CARPATICA)

(Case T-637/19) (1)

(EU trade mark - Opposition proceedings - Application for the three-dimensional EU trade mark AQUA CARPATICA - Earlier three-dimensional EU and national trade marks VODAVODA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2021/C 252/26)

Language of the case: English

Parties

Applicant: Sun Stars & Sons Pte Ltd (Singapore, Singapore) (represented by: M. Maček and C. Saettel, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carpathian Springs SA (Vatra Dornei, Romania) (represented by: D. Bogdan, G. Bozocea and M. Stănescu, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 August 2019 (Case R 317/2018-4), relating to opposition proceedings between Sun Stars & Sons and Carpathian Springs.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sun Stars & Sons Pte Ltd to pay the costs.

(1) OJ C 399, 25.11.2019.
Judgment of the General Court of 14 April 2021 — The KaiKai Company Jaeger Wichmann v EUIPO (Gymnastic or sports equipment)

(Case T-579/19) (1)

(Community design - Multiple application for community designs representing gymnastic or sports equipment - Right of priority - Article 41 of Regulation (EC) No 6/2002 - Application under the Patent Cooperation Treaty - Article 4 of the Paris Convention for the Protection of Industrial Property - Priority period)

(2021/C 242/38)

Language of the case: German

Parties

Applicant: The KaiKai Company Jaeger Wichmann GbR (Munich, Germany) (represented by: J. Hellmann-Cordner, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 13 June 2019 (Case R 573/2019-3) concerning an application for registration of gymnastic or sports equipment as community designs claiming the right of priority of an international patent application filed under the Patent Cooperation Treaty.

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 June 2019 (Case R 573/2019-3);

2. Dismisses the action as to the remainder;

3. Orders EUIPO to pay the costs.

(1) OJ C 337, 7.10.2019.