ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 96/12

Judgment of the General Court of 11 February 2015 — Fetim v OHIM — Solid Floor (Solidfloor The professional’s choice)

(Case T-395/12) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark Solidfloor The professional’s choice - Earlier national figurative mark SOLID floor, earlier trade name and domain name Solid Floor Ltd - 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))

(2015/C 096/14)

Language of the case: English

Parties

Applicant: Fetim BV (Amsterdam, Netherlands) (represented by: L. Bakers, 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, intervening before the General Court: Solid Floor Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 June 2012 (Case R 884/2011-2), relating to opposition proceedings between Solid Floor Ltd and Fetim BV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fetim BV to pay the costs.

(1) OJ C 355, 17.11.2012.
EN Official Journal of the European Union C 65/29

Judgment of the General Court of 15 January 2015 — France v Commission

(Case T-1/12) (1)

((State aid - Aid for rescuing and restructuring firms in difficulty - Restructuring aid planned by the French authorities for SeaFrance SA - Capital increase and loans granted by the SNCF to SeaFrance - Decision declaring the aid to be incompatible with the internal market - Concept of State aid - Criterion of private investor - Guidelines on State aid for rescuing and restructuring firms in difficulty))

(2015/C 065/40)

Language of the case: French

Parties

Applicant: French Republic (represented by: initially E. Belliard, G. de Bergues and J. Gstalter, then G. de Bergues, D. Colas and J. Bousin, Agents)

Defendant: European Commission (represented by: V. Di Bucci, B. Stromsky and T. Maxian Rusche, Agents)

Re:

Application for annulment of Commission Decision 2012/397/EU of 24 October 2011 on State aid SA 32600 (2011/C) — France — Restructuring aid to SeaFrance SA granted by the SNCF (OJ 2012, L 195, p. 1).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the French Republic to pay the costs.

(1) OJ C 80, 17.3.2012.
EN Official Journal of the European Union C 198/30

Judgment of the General Court of 29 April 2015 — Changshu City Standard Parts Factory and Ningbo Jinding Fastener v Council

(Joined Cases T-558/12 and T-559/12) (1)

((Dumping - Imports of certain iron or steel fasteners originating in China - Amendment of the regulation imposing a definitive anti-dumping duty - Article 2(10) and (11) of Regulation No 1225/2009 - Calculation of the dumping margin - Adjustments - Obligation to state reasons))

(2015/C 198/40)

Language of the case: English

Parties

Applicants: Changshu City Standard Parts Factory (Changshu City, China); and Ningbo Jinding Fastener Co. Ltd (Ningbo, China) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, assisted initially by G. Berrich and A. Polcyn, subsequently by A. Polcyn and finally by D. Geradin, lawyers)

Interveners in support of the defendant: European Commission (represented by: M. França and T. Maxian Rusche, acting as Agents); and European Industrial Fasteners Institute AISBL (EIFI) (represented by: J. Bourgeois and R. Grasso, lawyers)

Re:

Actions for annulment of Council Implementing Regulation (EU) No 924/2012 of 4 October 2012, amending Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 275, p. 1).

Operative part of the judgment

The Court:

1) Dismisses the actions;

2) Orders Changshu City Standard Parts Factory and Ningbo Jinding Fastener Co. Ltd to bear their own costs and to pay those of the Council of the European Union and European Industrial Fasteners Institute AISBL (EIFI);

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

(1) OJ C 46, 16.2.2013.
EN Official Journal of the European Union C 127/21

Judgment of the General Court of 4 March 2015 — Nissan Jidosha v OHIM (CVTC)

(Case T-572/12) (1)

((Community trade mark - Request for renewal of the Community figurative mark CVTC - Partial renewal - Article 47 of Regulation (EC) No 207/2009))

(2015/C 127/28)

Language of the case: English

Parties

Applicant: Nissan Jidosha KK (Yokohama, Japan) (represented by: B. Brandreth, Barrister, and D. Cañadas Arcas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by F. Mattina, and subsequently by P. Bullock, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 2469/2011-1), relating to a request for renewal of the registration of the Community figurative mark CVTC.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Nissan Jidosha KK to pay the costs.

(1) OJ C 79, 16.3.2013.
1.

Annuls Commission Decision C(2012) 5718 final of 6 August 2012 rejecting a request for confidential treatment submitted by Pilkington Group Ltd under Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case COMP/39.125 — Car glass), in so far as it relates to the request by Pilkington Group concerning recital 115 of Decision C(2008) 6815 final of 12 November 2008 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement;
EN Official Journal of the European Union C 236/33

Judgment of the General Court of 3 June 2015 — Pensa Pharma v OHIM — Ferring and Farmaceutisk Laboratorium Ferring (PENSA PHARMA and pensa)

(Joined Cases T-544/12 and T-546/12) (1)

((Community trade mark - Invalidity proceedings - Community word mark PENSA PHARMA and Community figurative mark pensa - Earlier national and Benelux word marks PENTASA - Express consent to the registration of the Community trade mark before submission of the application for a declaration of invalidity - Article 53(3) of Regulation (EC) No 207/2009 - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 and Article 53(1)(a) of Regulation No 207/2009))

(2015/C 236/43)

Language of the case: English

Parties

Applicant: Pensa Pharma, SA (Valencia, Spain) (represented by: M. Esteve Sanz, M. González Gordon and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, interveners before the General Court: Ferring BV (Hoofddorp, Netherlands); and Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented by: initially I. Fowler, Solicitor, A. Renck, V. von Bomhard and D. Slopek, lawyers, subsequently I. Fowler, A. Renck, V. von Bomhard and J. Fuhrmann, lawyer, and lastly I. Fowler and J. Fuhrmann)

Re:

Two actions brought against the decisions of the Fifth Board of Appeal of OHIM of 1 October 2012 (Cases R 1883/2011-5 and R 1884/2011-5), relating to invalidity proceedings between Ferring BV and Farmaceutisk Laboratorium Ferring A/S, on the one hand, and Pensa Pharma SA, on the other.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Pensa Pharma, SA, to pay the costs.

(1) OJ C 55, 23.2.2013.
EN Official Journal of the European Union C 48/42

Judgment of the General Court of 18 November 2015 — Nu Air Polska v Commission

(Case T-75/12) (1)

((Dumping - Imports of certain compressors originating in China - Partial refusal to refund the anti-dumping duties paid - Determination of the export price - Deduction of anti-dumping duties - Adjustment of the temporal effects of an annulment))

(2016/C 048/47)

Language of the case: English

Parties

Applicant: Nu Air Polska sp. z o.o. (Warsaw, Poland) (represented by: R. MacLean, Solicitor, and A. Bochon, lawyer)

Defendant: European Commission (represented by: A. Stobiecka-Kuik, K. Talabér-Ritz and T. Maxian Rusche, acting as Agents)

Re:

Action for the partial annulment of Commission Decisions K(2011) 8826 final, C(2011) 8803 final and K(2011) 8801 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China, and, in the event that the General Court should annul those decisions, for the maintenance in force of the effects of those decisions until the Commission has adopted the measures necessary to comply with the judgment of the General Court in this case.

Operative part of the judgment

The Court:

1. Annuls Article 1 of Commission Decisions K(2011) 8826 final, C(2011) 8803 final and K(2011) 8801 final of 6 December 2011 concerning applications for a refund of anti-dumping duties paid on imports of certain compressors originating in the People’s Republic of China in so far as that article does not grant Nu Air Polska sp. z o.o. a refund of the anti-dumping duties unduly paid beyond the amounts referred to therein;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay the costs.

(1) OJ C 118, 21.4.2012.
1.

Annuls Council Implementing Decision 2012/171/CFSP of 23 March 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 265/2012 of 23 March 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus, Council Implementing Regulation (EU) No 1017/2012 of 6 November 2012 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus, Council Decision 2014/750/CFSP of 30 October 2014 amending Decision 2012/642 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 in so far as they relate to Football Club ‘Dynamo-Minsk’ ZAO;
EN Official Journal of the European Union C 136/26

Judgment of the General Court of 29 February 2016 — UTi Worldwide and Others v Commission

(Case T-264/12) (1)

((Competition - Agreements, decisions and concerted practices - International air freight forwarding services - Decision finding an infringement of Article 101 TFEU - Surcharges and tariff mechanisms having an impact on the final price of services - Errors of assessment - Proof - Whether trade between Member States affected - Appreciable effect on competition - Amount of the fine - Gravity of the infringement - Proportionality - Joint and several liability - Unlimited jurisdiction))

(2016/C 136/36)

Language of the case: English

Parties

Applicants: UTi Worldwide, Inc. (Tortola, British Virgin Islands), UTi Nederland BV (Schiphol, Netherlands), and UTI Worldwide (UK) Ltd (Reading, United Kingdom) (represented by: P. Kirch, lawyer)

Defendant: European Commission (represented by: A. Biolan, V. Bottka and G. Meessen, acting as Agents)

Re:

Application for annulment of Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as it concerns the applicants, and, in the alternative, for variation of the fine imposed on them in that decision.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2012) 1959 final of 28 March 2012 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case COMP/39462 — Freight forwarding), in so far as the amount of the fine imposed on UTi Worldwide, Inc. exceeds that of the fines imposed on UTi Nederland BV and UTI Worldwide (UK) Ltd;

2. Sets the overall amount of the fine imposed on UTi Worldwide in Article 2(2) of Decision C(2012) 1959 final at EUR 2 965 000, the amount of the fine which is attributable to that undertaking pursuant to the first line of Article 2(2)(j) of that decision being set at EUR 1 692 000;

3. Dismisses the action as to the remainder;

4. Orders UTi Worldwide, UTi Nederland and UTI Worldwide (UK) to bear nine tenths of the costs of the European Commission and of their own costs;

5. Orders the European Commission to bear one tenth of its own costs and of the costs of UTi Worldwide, UTi Nederland and UTI Worldwide (UK).

(1) OJ C 235, 4.8.2012.
Official Journal of the European Union

Judgment of the General Court of 23 January 2014 — Commission v BO

(Case T-174/13 P) (1)

(Appeal - Civil Service - Contractual agents - Social security - Reimbursement of transport costs - Transport costs incurred for linguistic reasons - Article 19(2) of the Joint rules on sickness insurance for officials of the European Communities - Paragraph 2.5 in Chapter 12 of Title II of the general implementing directives concerning the reimbursement of medical costs)

(2014/C 71/37)

Language of the case: French

Parties

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

Other party to the proceedings: BO (Amman, Jordan) (represented by: L. Levi, M. Vandenbussche and C. Bernard-Glanz, lawyers)

Re:

Appeal brought against the judgment delivered by the Civil Service Tribunal (First Chamber) on 15 January 2013 in Case F-27/11 BO v Commission, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the European Commission to bear its costs and those incurred by BO in the context of the present proceedings.

(1) OJ C 164, 8.6.2013.
EN Official Journal of the European Union C 245/14

Judgment of the General Court of 11 June 2014 — Golam v OHIM — meta Fackler Arzneimittel (METABIOMAX)

(Case T-281/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark METABIOMAX - Earlier national word mark metabiarex - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 245/19

Language of the case: Greek

Parties

Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, 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: meta Fackler Arzneimittel GmbH (Springe, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 March 2013 (Case R 2022/2011-2), relating to opposition proceedings between meta Fackler Arzneimittel GmbH and Ms Sofia Golam

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Sofia Golam to pay the costs.

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 135/33

Judgment of the General Court of 14 March 2014 — Lardini v OHIM (Affixing of a flower to a collar)

(Case T-131/13) (1)

((Community trade mark - Application for a Community trade mark consisting in the affixing of a flower to a collar - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

2014/C 135/41

Language of the case: Italian

Parties

Applicant: Lardini Srl (Filottrano, Italy) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 December 2012 (Case R 2578/2011-1), concerning an application for registration as a Community trade mark of a sign consisting in the affixing of a flower to a collar.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Lardini Srl to pay the costs.

(1) OJ C 141, 18.5.2013.
EN Official Journal of the European Union C 361/7

Judgment of the General Court of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars)

(Case T-687/13) (1)

((Community trade mark - Application for a figurative Community trade mark representing two lines and five stars - Absolute ground for refusal - Distinctive character - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 - Absence of concrete assessment - Duty to state reasons))

2014/C 361/08

Language of the case: French

Parties

Applicant: Unibail Management (Paris, France) (represented by: L. Bénard, A. Rudoni, and O. Klimis, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark.

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 3 September 2013 (case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42);

2. Orders OHIM to pay the costs.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 282/32

Judgment of the General Court of 26 June 2014 — Marcuccio v Commission

(Case T-20/13) (1)

((Appeal - Civil service - Officials - Pensions and invalidity allowance - Retirement on grounds of invalidity - Invalidity Committee - Composition - Appointment of doctors - Failure on the part of the official concerned to appoint the second doctor - The second doctor appointed by the President of the Court of Justice - Appointment of a third doctor by common accord between the first and second doctors appointed - Article 7 of Annex II to the Staff Regulations - Action at first instance dismissed after referral back by the General Court))

2014/C 282/42

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall, C. Berardis-Kayser and G. Gattinara, Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Frist Chamber) of 6 November 2012 in Case F-41/06 RENV Marcuccio v Commission, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Luigi Marcuccio to bear his own costs and to pay the costs incurred by the European Commission in the appeal proceedings.

(1) OJ C 71, 9.3.2013.
Judgment of the General Court of 26 September 2014 — B&S Europe v Commission

(Case T-222/13) (1)

((Public service contracts - Call for tenders - Short-term services in the exclusive interest of third countries benefiting from European Union external aid - Rejection of the application - Selection criteria - Contracts divided into tranches - Reference project - Duty to state reasons - Principle of sound administration - Legitimate expectations - Principle of impartiality - Audi alteram partem rule))

(2014/C 395/53)

Language of the case: French

Parties

Applicant: Business and Strategies in Europe (B&S Europe) SA (Brussels, Belgium) (represented by: L. Bihain and S. Pâques, lawyers)

Defendant: European Commission (represented initially by A. Bordes and R. Tricot, and subsequently by R. Tricot, acting as Agents, assisted by A.-M. Vandromme and J. Stuyck, lawyers)

Re:

Application for annulment of the Commission decision, set out in its letters of 15 February and 2 April 2013, informing the applicant that it had not been included on the list of candidates invited to participate in the restricted call for tenders concerning lot 7 of the multiple framework contract for the provision of short-term services in the exclusive interest of third countries benefiting from European Union external aid (OJ 2012/S 105-174077).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Business and Strategies in Europe (B&S Europe) SA to pay the costs.

(1) OJ C 164 of 8.6.2014.
Judgment of the General Court of 26 September 2014 — Raffinerie Heide v Commission

(Case T-631/13) (1)

((Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Transitional rules for harmonised free allocation of emission allowances from 2013 - Decision 2011/278/EU - National implementation measures presented by Germany - Clause relating to extremely difficult cases - Freedom to conduct a business - Right to property - Proportionality))

(2014/C 395/61)

Language of the case: German

Parties

Applicant: Raffinerie Heide GmbH (Hemmingstedt, Germany) (represented by: U. Karpenstein, lawyer)

Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)

Re:

Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27) in so far as Article 1(1) thereof, read in conjunction with Annex I, Point A thereto, rejects the inscription of the installation with the identification code DE000000000000010 on the list of installations provided for in Article 11(1) of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32), and the preliminary total annual amounts of emission allowances to be allocated for free to that installation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Raffinerie Heide GmbH to pay the costs.

(1) OJ C 31, 1.2.2014.
EN Official Journal of the European Union C 7/32

Judgment of the General Court of 19 November 2014 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH)

(Case T-138/13) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark VISCOTECH - Earlier national and international word marks VISCOPLEX - Evidence of the territorial extent and validity of an earlier international trade mark - Rule 19(2) and Rule 20(1) of Regulation (EC) 2868/95 - Relative grounds of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 007/35)

Language of the case: Dutch

Parties

Applicant: Evonik Oil Additives GmbH (Darmstadt, Germany) (represented by: J. Albrecht, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: BRB International BV (Ittervoort, Netherlands)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 19 December 2012 (Case R 1565/2012-1), relating to opposition proceedings between Evonik Degussa GmbH and BRB International BV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Evonik Oil Additives GmbH to pay the costs.

(1) OJ C 141, 18.5.2013.