ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 305/25

Judgment of the General Court of 30 June 2016 — Jinan Meide Casting v Council

(Case T-424/13) (1)

((Dumping - Importations of threaded tube or pipe cast fittings, of malleable cast iron, originating in China - Definitive anti-dumping duty - Confidential treatment of the normal value calculations - Information provided in good time - Time limit for adopting a decision on market economy treatment - Rights of the defence - Equal treatment - Principle of non-retroactivity - Article 2(7) to (11), Article 3(1) to (3), Article 6(7), Article 19(1) and (5), and Article 20(2) and (4), of Regulation (EC) No 1225/2009))

(2016/C 305/33)

Language of the case: English

Parties

Applicant: Jinan Meide Casting Co. Ltd (Jinan, China) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert and B. Driessen, acting as Agents, and by S. Gubel, lawyer, and B. O’Connor, Solicitor)

Intervener in support of the defendant: European Commission (represented by: J.-F. Brakeland and M. França, acting as Agents)

Re:

Action for the annulment of Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (OJ 2013 L 129, p. 1), to the extent that it applies to the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia, to the extent that it applies to Jinan Meide Casting Co. Ltd;

2. Orders the Council of the European Union to pay, in addition to its own costs, those incurred by Jinan Meide Casting Co. Ltd;

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

(1) OJ C 325, 9.11.2013.
EN Official Journal of the European Union C 374/26

Judgment of the General Court of 20 September 2017 — Jordi Nogues v EUIPO — Grupo Osborne (BADTORO)

(Case T-350/13) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark BADTORO - Earlier EU figurative and word marks TORO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 374/38)

Language of the case: Spanish

Parties

Applicant: Jordi Nogues, SL (Barcelona, Spain) (represented by: J. Fernández Castellanos, M. J. Sanmartín Sanmartín and E. López Parés, lawyers)

Defendant: European Union Intellectual Property Office (represented: initially by V. Melgar and J. Crespo Carrillo and subsequently by M. Crespo Carillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Grupo Osborne, SA (El Puerto de Santa María, Spain) (represented by: J. M. Iglesias Monravá, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 16 April 2013 (Case R 1446/2012-2) relating to opposition proceedings between Grupo Osborne and Jordi Nogues.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 April 2013 (Case R 1446/2012-2);

2. Orders EUIPO to bear its own costs and to pay those incurred by Jordi Nogues, SL;

3. Orders Grupo Osborne, SA to bear its own costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 14/30

Judgment of the General Court of 23 November 2016 — Ipatau v Council

(Joined Cases T-694/13 and T-2/15) (1)

((Common Foreign and Security Policy - Restrictive measures against Belarus - Freezing of funds and economic resources - Restrictions on the entry into and transit through European Union territory - Retention of the applicant’s name on the list of persons concerned - Rights of the defence - Obligation to state reasons - Error of assessment - Proportionality))

(2017/C 014/35)

Language of the case: French

Parties

Applicant: Vadzim Ipatau (Minsk, Belarus) (represented by: M. Michalauskas, lawyer)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Council Decision 2013/534/CFSP of 29 October 2013 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2013 L 288, p. 69), Council Implementing Regulation (EU) No 1054/2013 of 29 October 2013 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2013 L 288, p. 1), Council Decision 2014/750/CFSP of 30 October 2014 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2014 L 311, p. 39) and Council Implementing Regulation (EU) No 1159/2014 of 30 October 2014 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2014 L 311, p. 2), in so far as they concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Mr Vadzim Ipatau to pay the costs.

(1) OJ C 93, 29.3.2014.
EN Official Journal of the European Union C 56/15

Judgment of the General Court of 17 December 2014 — Lidl Stiftung v OHIM (Deluxe)

(Case T-344/14) (1)

((Community trade mark - Application for figurative Community mark Deluxe - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 056/20)

Language of the case: German

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Kefferpütz and A. Wrage, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 March 2014 (Case R 1223/2013-1) concerning an application for registration of the figurative sign Deluxe as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lidl Stiftung & Co. KG to pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 221/15

Judgment of the General Court of 21 May 2015 — Urb Rulmenti Suceava SA v OHIM — Adiguzel (URB)

(Case T-635/14) (1)

((Community trade mark - Invalidity proceedings - Figurative Community trade mark URB - Application for the earlier national mark URB, earlier national collective word mark URB, earlier national collective figurative mark URB and earlier international figurative marks URB - Absolute ground for refusal - No bad faith on the part of the proprietor of the Community trade mark - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - No authorisation by the proprietor of the earlier marks - Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009 - No infringement of Articles 22(3) and 72(1) of Regulation No 207/2009))

(2015/C 221/20)

Language of the case: English

Parties

Applicant: Urb Rulmenti Suceava SA (Suceava, Romania) (represented by: I. Burdusel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Harun Adiguzel (Diosd, Hungary) (represented by: G. Bozocea, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2014 (Case R 1974/2013-4) concerning invalidity proceedings between Urb Rulmenti Suceava SA and Mr Harun Adiguzel.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Urb Rulmenti Suceava SA to pay the costs;

3. Orders Mr Harun Adiguzel to bear his own costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 190/14

Judgment of the General Court of 16 April 2015 — Drogenhilfe Köln Projekt v OHIM (Rauschbrille)

(Case T-319/14) (1)

((Community trade mark - Application for Community word mark Rauschbrille - Absolute grounds for refusal - Descriptiveness - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2015/C 190/17)

Language of the case: German

Parties

Applicant: Drogenhilfe Köln Projekt gGmbH (Cologne, Germany) (represented by: V. Schoene, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 January 2014 (Case R 1356/2013-1), concerning an application for registration of the word sign Rauschbrille as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Drogenhilfe Köln Projekt gGmbH to pay the costs.

(1) OJ C 212, 7.7.2014.
EN Official Journal of the European Union C 302/51

Judgment of the General Court of 14 July 2015 — Genossenschaftskellerei Rosswag-Mühlhausen v OHIM (Lembergerland)

(Case T-55/14) (1)

((Community trade mark - Application for Community word mark Lembergerland - Absolute ground for refusal - Trade mark for wine containing geographical indications - Article 7(1)(j) of Regulation (EC) No 207/2009))

(2015/C 302/65)

Language of the case: German

Parties

Applicant: Genossenschaftskellerei Rosswag-Mühlhausen eG (Vaihingen an der Enz, Germany) (represented by: H. Steffan, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 November 2013 (Case R 566/2013-1), concerning an application for registration of the word sign Lembergerland as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Genossenschaftskellerei Rosswag-Mühlhausen eG to pay the costs.

(1) OJ C 78, 15.3.2014.
EN Official Journal of the European Union C 262/27

Judgment of the General Court of 24 June 2015 — GHC v Commission

(Case T-847/14) (1)

((Environment - Protection of the ozone layer - Fluorinated greenhouse gases - Regulation (EU) No 517/2014 - Placing of hydrofluorocarbons on the market - Determination of a reference value - Allocation of quotas - Duty to state reasons - Method of calculation))

(2015/C 262/36)

Language of the case: German

Parties

Applicant: GHC Gerling, Holz & Co. Handels GmbH (Hamburg, Germany) (represented by: D. Lang, lawyer)

Defendant: European Commission (represented by: C. Hermes and K. Mifsud-Bonnici, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2014/774/EU of 31 October 2014 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who has reported placing on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the European Parliament and of the Council (OJ 2014 L 318, p. 28), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Commission Implementing Decision 2014/774/EU of 31 October 2014 determining, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period 1 January 2015 to 31 December 2017 for each producer or importer who has reported placing on the market hydrofluorocarbons under Regulation (EC) No 842/2006 of the European Parliament and of the Council, is hereby annulled in so far as it concerns GHC Gerling, Holz & Co. Handels GmbH;

2. The European Commission is ordered to pay the costs.

(1) OJ C 56, 16.2.2015.
EN Official Journal of the European Union C 354/30

Judgment of the General Court of 10 September 2015 — Laverana v OHIM (BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION)

(Case T-30/14) (1)

((Community trade mark - Application for Community figurative mark BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 354/32)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by: J. Wachinger and M. Zöbisch, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 November 2013 (Case R 1749/2013-4) concerning an application for registration of the figurative sign BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laverana GmbH & Co. KG to bear the costs.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 354/37

Judgment of the General Court of 10 September 2015 — Laverana v OHIM (ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION)

(Case T-608/14) (1)

((Community trade mark - Application for Community figurative mark ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 354/44)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by: J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 June 2014 (Case R 121/2014-4) concerning an application for registration of the figurative sign ORGANIC WITH PLANT FLUID FROM OUR OWN PRODUCTION as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laverana GmbH & Co. KG to bear the costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 389/52

Judgment of the General Court of 23 September 2015 — Mechadyne International v OHIM (FlexValve)

(Case T-588/14) (1)

((Community trade mark - Application for a Community figurative mark FlexValve - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Rights of the defence - Duty to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 389/58)

Language of the case: German

Parties

Applicant: Mechadyne International Ltd (Kirtlington, United Kingdom) (represented by S. von Petersdorff-Campen and E. Schaper, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, then S. Hanne, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 June 2014 (Case R 2435/2013-4), concerning an application for registration of the figurative sign FlexValve as a Community trade mark.

Operative part of the judgment

The Court

1) Dismisses the action;

2) Orders Mechadyne International Ltd to pay the costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 389/49

Judgment of the General Court of 24 September 2015 — Klement v OHIM — Bullerjan (Form of an oven)

(Case T-317/14) (1)

((Community trade mark - Revocation proceedings - Three-dimensional Community mark - Form of an oven - Genuine use of a mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Nature of use of the mark - Form differing in elements which do not alter the distinctive character))

(2015/C 389/53)

Language of the case: German

Parties

Applicant: Toni Klement (Dippoldiswalde, Germany) (represented by: J. Weiser and A. Grohmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially D. Walicka, then A. Poch, D. Botis and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Bullerjan GmbH (Isernhagen-Kirchhorst, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 February 2014 (Case R 1656/2013-1), relating to revocation proceedings between Mr Toni Klement and Bullerjan GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Toni Klement to pay the costs.

(1) OJ C 261, 11.8.2014.
EN Official Journal of the European Union C 398/54

Judgment of the General Court of 7 October 2015 — JP Divver Holding Company v OHIM (EQUIPMENT FOR LIFE)

(Case T-642/14) (1)

((Community trade mark - International registration designating the European Community - Word mark EQUIPMENT FOR LIFE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/68)

Language of the case: English

Parties

Applicant: JP Divver Holding Company Ltd (Newry, United Kingdom) (represented by: A. Franke and E. Bertram, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2014 (Case R 64/2014-2) concerning the international registration designating the European Community of the word mark EQUIPMENT FOR LIFE.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JP Divver Holding Company Ltd to pay the costs.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 398/41

Judgment of the General Court of 7 October 2015 — Zentralverband des Deutschen Bäckerhandwerks vCommission

(Case T-49/14) (1)

((Protected geographical indication - ‘Kołocz śląski’ or ‘Kołacz śląski’ - Cancellation proceedings - Legal base - Regulation (EC) No 510/2006 - Regulation (EU) No 1151/2012 - Grounds for cancellation - Fundamental rights)

(2015/C 398/51)

Language of the case: German

Parties

Applicant: Zentralverband des Deutschen Bäckerhandwerks eV (Berlin, Germany) (represented by: I. Jung, M. Teworte-Vey, A. Renvert and J. Saatkamp, lawyers)

Defendant: European Commission (represented by: J. Guillem Carrau and D. Triantafyllou, acting as Agents)

Re:

Action for the annulment of Commission Implementing Decision of 14 November 2013 concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI)) (OJ 2013 L 306, p. 40).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Zentralverband des Deutschen Bäckerhandwerks eV to pay the costs.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 7/27

Judgment of the General Court of 18 November 2015 — Instituto dos Vinhos do Douro e do Porto, IP v OHIM — Bruichladdich Distillery (PORT CHARLOTTE)

(Case T-659/14) (1)

((Community trade mark - Invalidity proceedings - Community word mark PORT CHARLOTTE - Earlier designations of origin ‘porto’ and ‘port’ - Grounds for invalidity - Article 52(1)(a), Article 53(1)(c) and (2)(d) of Regulation (EC) No 207/2009 - Article 7(1)(c) and (g) and (2) of Regulation No 207/2009 - Article 8(4) of Regulation No 207/2009 - Article 118m(2) of Regulation (EC) No 491/2009))

(2016/C 007/37)

Language of the case: English

Parties

Applicant: Instituto dos Vinhos do Douro e do Porto, IP (Peso de Régua, Portugal) (represented by: P. Sousa e Silva, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bruichladdich Distillery Co. Ltd (Argyll, United Kingdom) (represented by: S. Harvard Duclos, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 July 2014 (Case R 946/2013-4) relating to invalidity proceedings between Instituto dos Vinhos do Douro e do Porto, IP and Bruichladdich Distillery Co. Ltd.

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 8 July 2014 (Case R 946/2013-4) relating to invalidity proceedings between Instituto dos Vinhos do Douro e do Porto, IP and Bruichladdich Distillery Co. Ltd;

2. Dismisses the action as to the remainder;

3. Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal;

4. Orders Bruichladdich Distillery to bear its own costs.

(1) OJ C 388, 3.11.2014.
EN Official Journal of the European Union C 414/28

Judgment of the General Court of 22 October 2015 — Council v Simpson

(Case T-130/14) (1)

((Appeals - Civil service - Officials - Advancement in grade - Classification in grade - Decision not to award the person concerned grade AD 9 after he had passed a grade AD 9 open competition - Distortion of the evidence))

(2015/C 414/36)

Language of the case: English

Parties

Appellant: Council of the European Union (represented initially by M. Bauer and A. Bisch, and subsequently by M. Bauer and E. Rebasti, acting as Agents)

Other party to the proceedings: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 12 December 2013 in Simpson v Council (F-142/11, ECR-SC, EU:F:2013:201), and seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 12 December 2013 in Simpson v Council (F-142/11, ECR, EU:F:2013:201), in so far as the Civil Service Tribunal annulled the decision by which the Council of the European Union refused the request of Mr Erik Simpson which sought an upgrade to grade AD 9 on the ground that he had passed Competition EPSO/AD/113/07 and in so far as it ordered the Council to pay all the costs (paragraphs 1 and 3 of the operative part of that judgment);

2. Refers the case back to the Civil Service Tribunal;

3. Reserves the costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 27/48

Judgment of the General Court of 2 December 2015 — Information Resources v OHIM (Growth Delivered)

(Case T-528/14) (1)

((Community trade mark - Application for Community word mark Growth Delivered - Mark consisting of an advertising slogan - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 027/60)

Language of the case: English

Parties

Applicant: Information Resources, Inc. (Chicago, Illinois, United States) (represented by: C. Schulte, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2014 (Case R 1777/2013-4), concerning an application for registration of the word sign Growth Delivered as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Information Resources, Inc. to pay the costs.

(1) OJ C 303, 8.9.2014.