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

Judgment of the General Court of 8 May 2019 — Stamatopoulos v ENISA

(Case T-99/18) (1)

(Civil service - Members of the temporary staff - Recruitment - Vacancy notice - Appointment to a post of head of unit - Rejection of application - Duty to state reasons - Manifest error of assessment - Equal treatment - Transparency - Liability)

(2019/C 230/46)

Language of the case: English

Parties

Applicant: Grigorios Stamatopoulos (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Union Agency for Network and Information Security (represented by: A. Ryan, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Action brought under Article 270 TFEU, first, for annulment of ENISA’s decision of 25 July 2017 rejecting the applicant’s application for the position of Head of Finance and Procurement and, second, for compensation for the harm allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Grigorios Stamatopoulos to pay the costs.

(1) OJ C 134, 16.4.2018.
Official Journal of the European Union

Judgment of the General Court of 30 April 2019 — Kuota International v EUIPO — Sintema Sport (K)

(Case T-136/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark K - Absolute ground for invalidity - Bad faith - Article 59(1)(b) of Regulation (EU) 2017/1001)

(2019/C 213/29)

Language of the case: French

Parties

Applicant: Kuota International Corp. Ltd (Road Town, British Virgin Isles) (represented by: C. Herissay Ducamp, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Sintema Sport Srl (Albiate, Italy)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 December 2017 (Case R 3111/2014-1), relating to invalidity proceedings between Kuota International and Sintema Sport.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 December 2017 (Case R 3111/2014-1);

2. Dismisses the action as to the remainder;

3. Orders EUIPO to pay the costs.

(1) OJ C 166, 14.5.2018.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — Rietze v EUIPO — Volkswagen (Motor vehicle VW Caddy Maxi)

(Case T-191/18) (1)

(Community design - Invalidity proceedings - Registered Community design representing the motor vehicle VW Caddy Maxi - Earlier Community design - Ground for invalidity - Individual character - Informed user - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Burden of proof on the applicant for a declaration of invalidity - Requirements relating to the reproduction of an earlier design)

(2019/C 255/46)

Language of the case: German

Parties

Applicant: Rietze GmbH & Co. KG (Altdorf, Germany) (represented by: M. Krogmann, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Volkswagen AG (Wolfsburg, Germany) (represented by: C. Klawitter, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 11 January 2018 (Case R 1203/2016-3) relating to invalidity proceedings between Rietze and Volkswagen.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Rietze GmbH & Co. KG to pay the costs.

(1) OJ C 161, 7.5.2018.
Judgment of the General Court of 16 May 2019 — KID-Systeme v EUIPO — Sky (SKYFi)

(Case T-354/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark SKYFi - Earlier national and EU word marks SKY - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Identity of goods and services - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94 of Regulation 2017/1001 - Genuine use of the earlier mark - Article 47(2) and (3) of Regulation 2017/1001 - Suspension of the administrative procedure - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) - Misuse of powers - Right to a fair trial - Article 47 of the Charter of Fundamental Rights - Oral proceedings before the Board of Appeal - Article 96 of Regulation 2017/1001)

(2019/C 230/53)

Language of the case: English

Parties

Applicant: KID-Systeme GmbH (Buxtehude, Germany) (represented by: R. Kunze, G. Würtenberger and T. Wittmann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis and H. O’Neill, Agents)

Other parties to the proceedings before the Board of Appeal of EUIPO: Sky Ltd, formerly Sky plc (Isleworth, United Kingdom) (represented by: K. Saliger, Solicitor, and P. Roberts QC)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 March 2018 (Case R 106/2017-4) relating to opposition proceedings between Sky and KID-Systeme.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KID-Systeme GmbH to pay the costs of the present proceedings.

(1) OJ C 268, 30.7.2018.
Official Journal of the European Union

Judgment of the General Court of 19 June 2019 — Marriott Worldwide v EUIPO — AC Milan (AC MILAN)

(Case T-28/18) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark AC MILAN - Earlier EU word marks AC and AC HOTELS BY MARRIOTT and earlier EU figurative mark AC HOTELS MARRIOTT - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Lack of enhanced distinctiveness of the mark AC - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 288/59)

Language of the case: English

Parties

Applicant: Marriott Worldwide Corp. (Bethesda, Maryland, United States) (represented by: A. Reid, Solicitor, and S. Baran, Barrister)

Defendant: European Union Intellectual Property Office (represented: initially by E. Markakis and D. Walicka, and subsequently by E. Markakis and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Associazione Calcio Milan SpA (AC Milan) (Milan, Italy) (represented by: A. Perani and G. Ghisletti, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 16 November 2017 (Case R 356/2017-2), relating to opposition proceedings between Marriott Worldwide and AC Milan

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marriott Worldwide Corp. to pay the costs.

(1) OJ C 94, 12.3.2018.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — Ortlieb Sportartikel v EUIPO (Representation of an octagon)

(Case T-449/18) (1)

(EU trade mark - Application for EU figurative mark representing an octagon - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 263/55)

Language of the case: German

Parties

Applicant: Ortlieb Sportartikel GmbH (Heilsbronn, Germany) (represented by: A. Wulff and K. Schmidt-Hern, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 27 April 2018 (Case R 1634/2017-1) concerning an application for registration of a figurative sign representing an octagon as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ortlieb Sportartikel GmbH to pay the costs.

(1) OJ C 311, 3.9.2018.
Judgment of the General Court of 12 July 2019 — Gruppo Armonie v EUIPO (mo·da)

(Case T-264/18) (1)

(EU trade mark - Application for EU figurative mark mo·da - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Absolute ground for refusal in part of the European Union - Article 7(2) of Regulation 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)

(2019/C 305/58)

Language of the case: Italian

Parties

Applicant: Gruppo Armonie SpA (Casalgrande, Italy) (represented by G. Medri, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 February 2018 (Case R 2065/2017-5) relating to an application for registration of the figurative sign mo·da as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gruppo Armonie SpA to pay the costs.

(1) OJ C 221, 25.6.2018.
Official Journal of the European Union

Judgment of the General Court of 11 July 2019 — Wewi Mobile v EUIPO (Fi Network)

(Case T-601/18) (1)

(EU trade mark - Application for EU word mark Fi Network - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 295/37)

Language of the case: Spanish

Parties

Applicant: Wewi Mobile, SL (Villena, Spain) (represented by: J. C. Erdozain López, L. Montoya Terán and J. Galán López, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 July 2018 (Case R 1462/2017-1), relating to an application for registration of the word sign Fi Network as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wewi Mobile, SL to pay the costs.

(1) OJ C 427, 26.11.2018.
Judgment of the General Court of 11 September 2019 — Azarov v Council

(Case T-286/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)

(2019/C 399/57)

Language of the case: German

Parties

Applicant: Mykola Yanovych Azarov (Kiev, Ukraine) (represented by: A. Egger and G. Lansky, lawyers)

Defendant: Council of the European Union (represented by: J. Bauerschmidt and P. Mahni, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Mr Mykola Yanovych Azarov was maintained on the list of persons, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 240, 9.7.2018.
Official Journal of the European Union

Judgment of the General Court of 11 July 2019 — Hauzenberger v EUIPO (TurboPerformance)

(Case T-349/18) (1)

(EU trade mark - Application for EU figurative mark TurboPerformance - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2019/C 328/55)

Language of the case: German

Parties

Applicant: Andreas Hauzenberger (Sinzing, Germany) (represented by: B. Bittner, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 April 2018 (Case R 2206/2017-4) concerning an application for registration of the figurative sign TurboPerformance as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Andreas Hauzenberger to pay the costs.

(1) OJ C 259, 23.7.2018.
Official Journal of the European Union

Judgment of the General Court of 19 September 2019 — NHS v EUIPO — HLC SB Distribution (CRUZADE)

(Case T-378/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark CRUZADE - Earlier EU figurative mark SANTA CRUZ - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001 - Enhanced distinctiveness of the earlier mark)

(2019/C 406/41)

Language of the case: English

Parties

Applicant: NHS, Inc. (Santa Cruz, California, United States) (represented by: P. Olson, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: HLC SB Distribution, SL (Irún, Spain)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 April 2018 (Case R 1217/2017-5), relating to opposition proceedings between NHS and HLC SB Distribution.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NHS, Inc., to pay the costs.

(1) OJ C 276, 6.8.2018.
Official Journal of the European Union

Judgment of the General Court of 19 September 2019 — La Caixa v EUIPO — Imagic Vision (imagin bank)

(Case T-761/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark imagin bank - Earlier national figurative mark imagic - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 399/70)

Language of the case: Spanish

Parties

Applicant: Fundación bancaria caixa d’estalvis i pensions de Barcelona La Caixa (Palma de Mallorca, Spain) (represented by: I. Valdelomar Serrano, P. Román Maestre, D. Liern Cendrero, D. Gabarre Armengol and J.L. Rodríguez-Fuensalida, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Imagic Vision, SL (Madrid, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 October 2018 (Case R 1954/2017-4), relating to opposition proceedings between Imagic Vision and Fundación bancaria caixa d’estalvis i pensions de Barcelona La Caixa.

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 22 October 2018 (Case R 1954/2017-4);

2. Orders EUIPO to bear its own costs and the costs incurred by Fundación bancaria caixa d’estalvis i pensions de Barcelona La Caixa.

(1) OJ C 72, 25.2.2019.
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — IAK — Forum International v EUIPO — Schwalb (IAK)

(Case T-497/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark IAK - Earlier national word mark IAK - Institut für angewandte Kreativität - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark)

(2019/C 423/51)

Language of the case: German

Parties

Applicant: IAK GmbH — Forum International (Kirchzarten, Germany) (represented by: G. Wilke, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Ulrich Schwalb (Cologne, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 June 2018 (Case R 1511/2017-4), relating to invalidity proceedings between Mr Schwalb and IAK — Forum International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders IAK GmbH — Forum International to pay the costs.

(1) OJ C 352, 1.10.2018.
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — US v ECB

(Case T-255/18) (1)

(Civil service - ECB staff - Fixed-term contract - Contract for an indefinite period - Refusal to reclassify a fixed term contract as a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment)

(2019/C 413/57)

Language of the case: French

Parties

Applicant: US (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and M. Rötting, Agents, and B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union and seeking, first, annulment of the ECB’s decision not to reclassify the applicant’s contract as a contract for an indefinite period and, secondly, compensation in respect of the harm which the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders US to pay the costs.

(1) OJ C 231, 2.7.2018.
Judgment of the General Court of 24 October 2019 — ZPC Flis v EUIPO — Aldi Einkauf (FLIS Happy Moreno choco)

(Case T-708/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark FLIS Happy Moreno choco - Earlier national figurative marks MORENO - 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) - Substitution of the list of goods covered by the earlier national figurative marks - Rectification of the decision of the Board of Appeal - Article 102(1) of Regulation 2017/1001 - Legal basis - Previous decision-making practice - Legal certainty - Legitimate expectations)

(2019/C 432/60)

Language of the case: English

Parties

Applicant: ZPC Flis sp.j. (Radziejowice, Poland) (represented by: M. Kondrat, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Kompari and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and M. Minkner, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 13 September 2018 (Case R 2113/2017-1), relating to opposition proceedings between Aldi Einkauf and ZPC Flis.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 September 2018 (Case R 2113/2017-1) in so far as it refuses registration of the mark applied for in respect of the following goods: ‘coffee substitutes; tea; cocoa; cocoa products; chocolate-based beverages, all aforementioned goods also as instant form’, with the exception of cocoa as regards the latter;

2. Upholds the opposition in respect of all the goods and services referred to in the application for registration, with the exception of the services in Class 35 corresponding to the following description: ‘Retailing or wholesaling of cookie molds; wholesaling and retailing of cookie molds via the internet’;

3. Dismisses the action as to the remainder;

4. Orders each party to bear its own costs.

(1) OJ C 44, 4.2.2019.
Official Journal of the European Union

Judgment of the General Court of 3 October 2019 – Wanda Films and Wanda Visión v EUIPO – Dalian Wanda Group (WANDA FILMS)

(Case T-533/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark WANDA FILMS - Earlier EU word mark WANDA - Relative ground for refusal - Restriction of the application for registration - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 423/53)

Language of the case: English

Parties

Applicants: Wanda Films, SL (Pozuelo de Alarcón, Spain) and Wanda Visión, SA (Pozuelo de Alarcón) (represented by: C. Planas Silva, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dalian Wanda Group Co. Ltd (Dalian, China) (represented by: M. Hawkins, Solicitor, and by T. Dolde and K. Lüder, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 June 2018 (Case R 401/2017-5), relating to opposition proceedings between Dalian Wanda Group and Wanda Films.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wanda Films, SL and Wanda Visión, SA to pay the costs, including those incurred by Dalian Wanda Group Co. Ltd for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).

(1) OJ C 399, 5.11.2018.
Official Journal of the European Union

Judgment of the General Court of 27 November 2019 –Izuzquiza and Semsrott v Frontex

(Case T-31/18) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a naval operation carried out by Frontex in the central Mediterranean in 2017 - Vessels deployed - Refusal of access - Article 4(1)(a) of Regulation No 1049/2001 - Exception relating to the protection of the public interest in the field of public security)

(2020/C 19/51)

Language of the case: English

Parties

Applicants: Luisa Izuzquiza (Madrid, Spain) and Arne Semsrott (Berlin, Germany) (represented by: S. Hilbrans, R. Callsen, lawyers, and J. Pobjoy, Barrister)

Defendant: European Border and Coast Guard Agency (Frontex) (represented by: H. Caniard and T. Knäbe, acting as Agents, and by B. Wägenbaur and J. Currall, lawyers)

Re:

Action under Article 263 TFEU for annulment of Frontex Decision CGO/LAU/18911c/2017 of 10 November 2017 refusing access to documents containing information on the name, flag and type of each vessel deployed by Frontex in the central Mediterranean under Joint Operation Triton between 1 June and 30 August 2017.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Luisa Izuzquiza and Mr Arne Semsrott to pay the costs.

(1) OJ C 112, 26.3.2018.