ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 279/30

Judgment of the General Court of 8 July 2015 — Deutsche Rockwool Mineralwoll v OHIM — Ceramicas del Foix (Rock & Rock)

(Case T-436/12) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark Rock & Rock - Earlier national word marks MASTERROCK, FIXROCK, FLEXIROCK, COVERROCK and CEILROCK - Relative ground for refusal - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2015/C 279/37)

Language of the case: English

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ceramicas del Foix, SA (Barcelona, Spain) (represented by: M. Pérez Serres and R. Guerras Mazón, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 July 2012 (Case R 495/2011-2) concerning invalidity proceedings between Deutsche Rockwool Mineralwoll GmbH & Co. OHG and Ceramicas del Foix, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deutsche Rockwool Mineralwoll GmbH & Co. OHG to pay the costs.

(1) OJ C 379, 8.12.2012.
EN Official Journal of the European Union C 213/27

Judgment of the General Court of 13 May 2015 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC natural beauty)

(Case T-363/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark CLEANIC natural beauty - Earlier Community word marks CLINIQUE - Relative grounds for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier marks - Article 8(5) of Regulation No 207/2009))

(2015/C 213/47)

Language of the case: Polish

Parties

Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: initially R. Rumpel, and subsequently D. Rzążewska and G. Pietras, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Clinique Laboratories, LLC (Wilmington, Delaware, United States) (represented by: initially V. von Bomhard and A. Renck, lawyers, and K. Hughes, Solicitor, and subsequently K. Hughes)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2012 (Case R 1134/2011-2), relating to opposition proceedings between Clinique Laboratories, LLC and Harper Hygienics S.A.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Harper Hygienics S.A. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Clinique Laboratories, LLC.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 7/16

Judgment of the General Court of 12 November 2015 — HSH Investment Holdings Coinvest-C and HSH Investment Holdings FSO v Commission

(Case T-499/12) (1)

((State aid - Banking sector - Restructuring of HSH Nordbank - Decision declaring the aid compatible with the internal market on certain conditions - Action for annulment - Lack of individual concern - Minority shareholder of the aid beneficiary - Concept of distinctive interest - Partial inadmissibility - capital dilution))

(2016/C 007/22)

Language of the case: German

Parties

Applicants: HSH Investment Holdings Coinvest-C Sàrl (Luxembourg); and HSH Investment Holdings FSO Sàrl (Luxembourg) (represented by: H.-J. Niemeyer, H. Ehlers and C. Kovács, lawyers)

Defendant: European Commission (represented by: L. Flynn, T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Action for annulment of Commission Decision 2012/477/EU of 20 September 2011 on State aid granted by Germany to HSH Nordbank AG SA.29338 (C 29/09 (ex N 264/09)) (OJ 2012 L 225, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders HSH Investment Holdings Coinvest-C Sàrl and HSH Investment Holdings FSO Sàrl to pay the costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 363/27

Judgment of the General Court of 15 September 2015 — Nestlé Unternehmungen Deutschland v OHIM — Lotte (Representation of a koala bear)

(Case T-483/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark representing koala bears - Earlier national three-dimensional mark KOALA-BÄREN and earlier national figurative mark KOALA - Genuine use of the mark - Article 42(2) and (3) of Regulation (EC) No 207/2009))

(2015/C 363/35)

Language of the case: German

Parties

Applicant: Nestlé Unternehmungen Deutschland GmbH (Frankfurt am Main, Germany) (represented by: A. Jaeger-Lenz and P. Blumenthal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lotte Co. Ltd (Tokyo, Japan) (represented by: M. Knitter and H. Bickel, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2012 (Case R 2103/2010-4) relating to opposition proceedings between Nestlé Schöller GmbH & Co. KG and Lotte 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 3 September 2012 (Case R 2103/2010-4) relating to opposition proceedings between Nestlé Schöller GmbH & Co. KG and Lotte Co. Ltd;

2. Orders OHIM to bear its own costs and to pay those incurred by Nestlé Unternehmungen Deutschland GmbH;

3. Orders Lotte Co. Ltd to bear its own costs.

(1) OJ C 26, 26.1.2013.
EN Official Journal of the European Union C 314/18

Judgment of the General Court of 14 July 2016 — Germany v Commission

(Case T-143/12) (1)

((State aid - Postal sector - Financing of the additional labour and social costs relating to some of the staff of Deutsche Post by means of subsidies and revenue generated by the remuneration for price-regulated services - Decision declaring the aid incompatible with the internal market - Concept of advantage - ‘Combus’ judgment - Demonstration of the existence of an economic and selective advantage - No such advantage))

(2016/C 314/24)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: initially T. Henze and K. Petersen, and subsequently T. Henze and K. Stranz, acting as Agents, and U. Soltész, lawyer)

Defendant: European Commission (represented by: D. Grespan, T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Application based on Article 263 TFEU seeking the annulment of Articles 1 and 4 to 6 of Commission Decision 2012/636/EU of 25 January 2012 on Measure C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG (OJ 2012 L 289, p. 1).

Operative part of the judgment

The Court:

1. Annuls Articles 1 and 4 to 6 of Commission Decision 2012/636/EU of 25 January 2012 on Measure C 36/07 (ex NN 25/07) implemented by Germany for Deutsche Post AG;

2. Orders the European Commission to pay the costs.

(1) OJ C 165, 9.6.2012.
EN Official Journal of the European Union C 90/13

Judgment of the General Court of 28 January 2016 — Austria v Commission

(Case T-427/12) (1)

((State Aid - Banking sector - Aid implemented by Germany and Austria for the benefit of Bayerische Landesbank in the course of its restructuring - Decision declaring the aid compatible with the internal market, provided that certain conditions are met - Repeal of the initial decision drawn up in a language other than that of the Member State - Action for annulment - Challengeable act - Admissibility - Definition of State aid - Advantage - Rights of defence - Obligation to state reasons))

(2016/C 090/17)

Language of the case: German

Parties

Applicant: Republic of Austria (represented by: C. Pesendorfer, M. Windisch, W. Peschorn and S. Ullreich, acting as Agents)

Defendant: European Commission (represented by: L. Flynn, T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Action for the annulment of Article 1(1)(d) and 1(2) of Commission Decision C (2012) 5062 final of 25 July 2012 on State aid SA.28487 granted by Germany and Austria to Bayerische Landesbank (C 16/09, ex N 254/09), and, following the repeal of that decision by Article 1 of Commission Decision (EU) 2015/657 of 5 February 2013 on State aid granted by Germany and Austria to Bayerische Landesbank (Case SA.28487 (C 16/09, ex N 254/09)) (OJ 2015 L 109, p. 1), for the annulment of Article 2(1)(d) and 2(2) of the latter decision.

Operative part of the judgment

The Court hereby:

1. Dismisses the action;

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

(1) OJ C 373, 1.12.2012.
EN Official Journal of the European Union C 377/15

Judgment of the General Court of 7 November 2013 — Three-N-Products v OHIM — Munindra (AYUR)

(Case T-63/13) (1)

(Community trade mark - Invalidity proceedings - Community word mark AYUR - Earlier Benelux word marks AYUS - Likelihood of confusion - Articles 8(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009)

2013/C 377/36

Language of the case: French

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: M. Thewes and T. Chevrier, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Munindra Holding BV (Lelystad, Netherlands)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 November 2012 (Case R 2296/2011-4), relating to opposition proceedings between Munindra Holding BV and Three-N-Products Private Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Three-N-Products Private Ltd to pay the costs.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 212/30

Judgment of the General Court of 22 May 2014 — NIIT Insurance Technologies v OHIM (EXACT)

(Case T-228/13) (1)

((Community trade mark - Application for Community word mark EXACT - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Equal treatment - Article 56 TFEU))

2014/C 212/37

Language of the case: German

Parties

Applicant: NIIT Insurance Technologies Ltd (London, United Kingdom) (represented by: M. Wirtz, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2013 (Case R 1307/2012-4) concerning an application for registration of the word sign EXACT as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NIIT Insurance Technologies Ltd to pay the costs.

(1) OJ C 189, 29.6.2013.
EN Official Journal of the European Union C 93/23

Judgment of the General Court of 12 February 2014 — dm-drogerie markt v OHIM — Semtee (CALDEA)

(Case T-26/13) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark CALDEA - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 93/39

Language of the case: English

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky, B. Beinert and A. Bender, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Semtee (Escaldes Engordany, Andorra)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 October 2012 (Case R 2432/2011-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Semtee.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders dm-drogerie markt GmbH & Co. KG to pay the costs.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 292/43

Judgment of the General Court of 16 July 2014 — Endoceutics v OHIM — Merck (FEMIVIA)

(Case T-324/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark FEMIVIA - Earlier Community word mark FEMIBION - International registration designating the European Community of the earlier figurative mark femibion - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 292/53

Language of the case: English

Parties

Applicant: Endoceutics, Inc. (Quebec, Canada) (represented by: M. Wahlin, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Merck KGaA (Darmstadt, Germany) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2013 (Case R 1021/2012-4), concerning opposition proceedings between Merck KGaA and Endoceutics, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 282/35

Judgment of the General Court of 3 July 2014 — Sharif University of Technology v Council

(Case T-181/13) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Action for annulment - Period allowed for commencing proceedings - Admissibility - Obligation to state reasons - Error of assessment))

2014/C 282/45

Language of the case: English

Parties

Applicant: Sharif University of Technology (Tehran, Iran) (represented by: M. Happold, Barrister)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Re:

Application for annulment of (i) Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71), in so far as it listed the applicant in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and (ii) Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), in so far as it listed the applicant in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1) Annuls Council Decision 2012/829/CFSP of 21 December 2012, amending Decision 2010/413/CFSP concerning restrictive measures against Iran, in so far as it listed Sharif University of Technology in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP;

2) Annuls Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as it listed Sharif University of Technology in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010;

3) Orders the effects of Decision 2012/829 and Implementing Regulation No 1264/2012 to be maintained, as regards Sharif University of Technology, for a period of two months from the date of delivery of this judgment;

4) Orders the Council of the European Union to bear its own costs and to pay the costs of Sharif University of Technology.

(1) OJ C 156, 1.6.2013.
Official Journal of the European Union

Judgment of the General Court of 25 September 2014 — Alma-The Soul of Italian Wine v OHIM — Miguel Torres (SOTTO IL SOLE ITALIANO SOTTO il SOLE)

(Case T-605/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark SOTTO IL SOLE ITALIANO SOTTO il SOLE - Earlier Community word mark VIÑA SOL - Relative ground for refusal - Article 75 of Regulation (EC) No 207/2009 - Duty to state reasons))

(2014/C 395/57)

Language of the case: English

Parties

Applicant: Alma-The Soul of Italian Wine LLLP (Bal Harbor, Florida, United States) (represented by: F. Terrano, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Miguel Torres, SA (Vilafranca del Penedès, Spain) (represented by: J. Güell Serra, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 September 2013 (Case R 18/2013-2), concerning opposition proceedings between Miguel Torres, SA, and Alma-The Soul of Italian Wine LLLP.

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 10 September 2013 (Case R 18/2013-2);

2. Orders OHIM to bear its own costs and to pay the costs incurred by Alma-The Soul of Italian Wine LLLP;

3. Orders Miguel Torres, SA, to bear its own costs.

(1) OJ C 24, 25.1.2014.
1.

Annuls Council Decisions 2013/182/CFSP of 22 April 2013 and 2014/380/CFSP of 23 June 2014 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya in so far as it retains the name of Mr Ahmed Mohammed Kadhaf Al Dam on the lists contained in Annexes II and IV to Council Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya.
EN Official Journal of the European Union C 462/23

Judgment of the General Court of 6 November 2014 — Vans v OHIM (Representation of a wavy line)

(Case T-53/13) (1)

((Community trade mark - Application for the Community figurative mark representing a wavy line - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - No distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 - Article 76 of Regulation No 207/2009 - Article 75 of Regulation No 207/2009))

(2014/C 462/35)

Language of the case: English

Parties

Applicant: Vans, Inc. (Cypress, California, United States) (represented by: M. Hirsch, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 14 November 2012 (Case R 860/2012-5), concerning the application for registration as a Community trade mark of a figurative sign representing a wavy line.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 421/39

Judgment of the General Court (Appeal Chamber) of 10 October 2014 — EMA v BU

(Case T-444/13 P) (1)

((Appeal - Civil Service - Temporary staff - Fixed-term contract - Non-renewal decision - Jurisdiction of the Civil Service Tribunal - Article 8, first subparagraph of the CEOS - Duty to have regard for the welfare of staff))

2014/C 421/53

Language of the case: French

Parties

Appellant: European Medicines Agency (EMA) (represented by: T. Jabłoński and N. Rampal Olmedo, acting as Agents, assisted by D. Waelbroeck and A Duron, lawyers)

Other party to the proceedings: BU (London, United Kingdom) (represented by: S. Orlandi, lawyer)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third chamber) of 26 June 2013, BU v EMA (F-135/11, F-51/12 and F-110/12, ECR SC, EU:F:2013:93) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. The appeal is dismissed;

2. The European Medicines Agency (EMA) is ordered to bear its own costs and to pay those incurred by BU in the present proceedings.

(1) OJ C 325, 9.11.2013.
EN Official Journal of the European Union C 34/34

Judgment of the General Court of 11 December 2014 — Sherwin-Williams Sweden v OHIM — Akzo Nobel Coatings International (ARTI)

(Case T-12/13) (1)

((Community trade mark - Opposition proceedings - Application for Community trade mark ARTI - Earlier Benelux word mark ARTITUDE and international registration of the earlier Benelux trade mark ARTITUDE - Refusal to register - Likelihood of confusion - Similarity of the signs - Identical or highly similar goods - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 034/38)

Language of the case: English

Parties

Applicant: Sherwin-Williams Sweden AB (Märsta, Sweden) (represented by: L.-E. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Akzo Nobel Coatings International BV (Arnhem, Netherlands)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 October 2012 (Case R 2085/2011-1), concerning opposition proceedings between Akzo Nobel Coatings International B V and Sherwin-Williams Sweden Group AB.

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders Sherwin-Williams Sweden AB to bear the costs.

(1) OJ C 86, 23.3.2013.
EN Official Journal of the European Union C 431/19

Judgment of the General Court of 21 October 2014 — Italy v Commission

(Case T-268/13) (1)

((Failure to comply with a judgment of the Court establishing an infringement - Liquidate penalty - Judgment quantifying the amount - Recovery obligation - Undertakings subject to insolvency proceedings - Subject of the insolvency proceedings at issue - Due diligence - Burden of proof))

(2014/C 431/32)

Language of the case: Italian

Parties

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

Defendant: European Commission (represented by: V. Di Bucci, G. Conte and B. Stromsky, acting as Agents)

Re:

Application for annulment of Commission Decision C(2013) 1264 final of 7 March 2013 ordering the Italian Republic to pay into the ‘European Union own resources’ account the sum of EUR 1 6 5 33 000 by way of liquidate penalty.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 207, 20.7.2013.